2156 Amendments of Herbert REUL
Amendment 210 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user, particularly in order to preserve the integrity or security of the information society service or access to it, to improve what is offered or for measures to protect against unauthorised use of the service in accordance with the terms and conditions of use relating to the provision of services to the end-user; or
Amendment 217 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audiencin order to measure the mreasuring, provided that such measurement is carried out by the provider of the information society service requested by the end-userch of an information society service desired by the end-user, including measurement of indicators for the use of information society services in order to calculate a payment due.
Amendment 224 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
da) it occurs for the purpose of recording, for the undertaking as a whole, anonymous indicators concerning the use of information society services; or
Amendment 228 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
db) in order to mark terminal equipment for advertising purposes, on condition that the person responsible has clearly informed the end-user of this at the beginning of the data processing and has provided an opportunity for objection that is easy to exercise; or
Amendment 231 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
dc) it occurs for purposes of the settlement of payments under contracts concerning the sale of products or services, provided that the contract pertaining thereto has been concluded on- line.
Amendment 245 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The collection of such information shall be conditional on the application of appropriate technical and organisational measures to limit the collection and processing of information to the purposes required therefor and ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4(5) of Regulation (EU) No 2016/679.
Amendment 253 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and7 7(1), (2) and (3) of Regulation (EU) 2016/679/S shall apply.
Amendment 254 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 257 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 268 #
2017/0003(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 291 #
2017/0003(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Article 25 of Regulation (EU) No 2016/679 shall apply.
Amendment 1 #
2016/2325(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Article 4 and to Article 189 of Title XIX of the Treaty on the Functioning of the European Union,
Amendment 23 #
2016/2325(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that it is necessary to evaluate the governance of the Galileo and Copernicus programmes before the presentation by the Commission of its new legislative proposals as part of the next MFF; considers that this evaluation should address amongst other matters the future role of the European GNSS Agency (GSA) in Galileo and a potential role in Copernicus, how to simplify the GSA’s relationship with the European Space Agency (ESA) and the current split between the Agency’s core and delegated tasks;
Amendment 28 #
2016/2325(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that the outcome of the evaluation should also feed into future discussions on the relationship between the EU and the ESA, with a view to signing an updated ESA-EU framework agreement, building based on the joint EU- ESA statement signed on 26 October 2016;
Amendment 29 #
2016/2325(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to review the adequacy of resources allocated to the GSA, taking into consideration its current and future tasks and the risks of conflicts of interest resulting from the outsourcing of tasks; maintains that the GSA should concentrate on its core tasks and its areas of responsibility and capacity should not be expanded to excess;
Amendment 39 #
2016/2325(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that in order to meet current and future challenges, the next EU budget should include a larger space budget larger than the current one, commensurate with the tasks to be performed, and that this needs to be ensured in the course of the upcoming MFF review;
Amendment 58 #
2016/2325(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the success of the space sector is highly dependent on research and innovation and that the next Framework Programme should put an emphasis on space-related research, whilst ensuring efficiency through full cooperation between the EU, the ESA and the Member States in areas such as launcher researchresearch areas; maintains that research areas which have hitherto been covered by the ESA, such as launcher research, should remain within the ESA remit;
Amendment 107 #
2016/2325(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the announcement of the Commission to aggregate its demand for launchers and launching services; cCalls on the Commission to ensure fair treatment of EU enterprises vis-à-vis enterprises from third countries in public procurement, specifically by taking into consideration the prices that companies charge to other customers worldwide;
Amendment 132 #
2016/2325(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to mitigate the risks presented by space debris by enhancing current SST services with the aim of setting up an independent system capable of both recognising threats from space debris to European space infrastructure and inducing measures to avoid collision; calls on the Commission to improve the administrative framework for SST services;
Amendment 138 #
2016/2325(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the plansCalls on the Commission to consider whether it would be advisable to extend the scope of SST to cover the issues related tof space weather and cyber threats and proposes an additional focus on near-earth objects owing to their potential catastrophic impact in case of collision; maintains that the scope of SST should be extended along those lines if, and only if, ESA activities are taken into account; stresses that there must be no overlapping with the responsibilities of the ESA;
Amendment 146 #
2016/2325(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to design the planned Govsatcom initiative in a cost- effective way, which may include purchasing services from commercial communication satellites, and to ensure that the initiative creates significant added value and avoids duplicating existing structures; also calls on the Commission to ensure that this initiative will entail no disadvantages for European industry or established infrastructure;
Amendment 193 #
2016/2276(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that intermediary liability is one of the main concerns in the ongoing debate on online platforms, not least because counterfeiting can give rise to risks for consumers;
Amendment 198 #
2016/2276(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that despite the fact that more creative content is being consumed today than ever before, on services such as user-uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; stress that one of the main reasons for that is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law; stress that an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 212 #
2016/2276(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 221 #
2016/2276(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;
Amendment 232 #
2016/2276(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal and harmful content and products in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 270 #
2016/2276(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating harmful content and products;
Amendment 383 #
2016/2276(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to assessoverhaul the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectivelyspecify how a more effective contribution can be made to the fight against counterfeiting by adopting proactive, proportionate and effective measures; _________________ 6 OJ L 195, 2.6.2004, p. 16.
Amendment 29 #
2016/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the evaluation of FP7 and monitoring of H2020 shows that the EU FP for research is a huge success15; _________________ 15 With over 130 000 proposals received, 9 000 grants signed, 50 000 participations and EUR 15.9 billion of EU funding.draws attention to the Communication from the Commission to the European Parliament, the Council, the EuropeaN Economic and Social Committee and the Committee of the Regions - European Standards for the 21st Century (SWD(2016)186 final), which emphasises the important role which standardisation plays in the context of innovation; acknowledges that standards foster, not stifle, innovation; _________________
Amendment 35 #
2016/2147(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognizes European competitiveness and the creation of growth and jobs as key objectives of European R&I programmes and therefore calls for the further promotion of the participation of key industrial sectors and companies; collaborative involvement of SMEs should be fostered (in addition to the SME instruments);
Amendment 40 #
2016/2147(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Understands that the FP intends to incentivise industry participation in order to increase R&D spending by industry16 ; welcomes the fact that industry already funds two thirds of total R&D spending though at the same time regrets that some industries have not increased their share of R&D spending; asks the Commission to assess further promote the added value of funding for industry-driven instruments such as Joint Technology Initiatives (JTIs), which account for a large share of the budget17 , and further underline the coherence and transparency of all joint initiatives18 ; _________________ 16 Two-thirds of the 3% of GDP for R&D should come from industry. 17 In total, the 7 JTIs account for more than EUR 7 billion of the H2020 funds, ca. 10% of the whole H2020 budget and more than 13% of the actual available funding for H2020 calls (ca. EUR 8 billion/year over 7 years). 18 See Council conclusions of 29 May 2015.
Amendment 47 #
2016/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the programme budget, management and implementation is spread over 20 different bodies; queries whether this results in excessive coordination efforts and redundancy; asks the Commission to reflect on how to simplify this; underlines the need for the clear presentation of the new European Innovation Council's portfolio and responsibilities;
Amendment 53 #
2016/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that Pillars 2 and 3 are too focused on higher Technology Readiness Levels (TRLs), which limits the future absorption of disruptive innovations that are still in the pipeline of research projects with lower TRLs; considers that TRLs exclude non-technological forms of innovation generated by fundamental or applied research, particularly from SSH;
Amendment 55 #
2016/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that Pillars 2 and 3 are too focused on higher Technology Readiness Levels (TRLs), which limits the future absorption of disruptive innovations that are still in the pipeline of research projects with lower TRLs and therefore asks for a careful balance of TRLs to promote the entire value chain; considers that TRLs exclude non-technological forms of innovation generated by fundamental or applied research, particularly from SSH;
Amendment 57 #
2016/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that Horizon 2020 as being the framework programme for research and innovation, should continue to be primarily grant-based, as it is not legally permitted for public research organisations in several member states to make use of loans;
Amendment 61 #
2016/2147(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to offer a balanced mixset of small, medium and large- sized projects; notes that the average budget for projects has increased under H2020 and that larger projects requirefavour participants with large financial and staff capabilities; notes that this favours large institutions, creating a problem for smaller Member States and for small participants from larger Member States; regrets that this poses obstacles for newcomers and concentrates funding in elite institutiongreater experience in the Framework Programmes projects, creating some barriers for newcomers;
Amendment 74 #
2016/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current alarmingly low success rate of 14 %s represents a negative trend compared to FP7; regrets that the cuts inflicted by EFSI have deepened this problem;
Amendment 84 #
2016/2147(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Insists that research can be a risky investment for private investors and that funding research practice through grants is a necessity; regrets the tendency, in some cases, to move away from grants towards the use of loans; recognises that loans mustfinancial instruments should be available for high TRL,s and close to market activities, within other types of instruments (e.g. EIB schemes) outside of the FP as a part of the Framework Programme (InnovFin) or outside it (EIB schemes);
Amendment 86 #
2016/2147(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that several Member States are not respecting their national R&D investment commitments; calls for the earmarking of and stresses that the 3% of GDP target needs to be met; calls for the possible high usage of the Structural Funds for R&D activities, especially and programmes, investments in capacity building, infrastructure and salaries, asks that the 3% of GDP target be met, and hopes that this well as supporting activities for the preparation of proposals can be raised to 4% in the not too distant futured projects management;
Amendment 111 #
2016/2147(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Confirms that ‘'excellence’' should remain the keycore and undisputed evaluation criterion across all the three pillars, while noting that it is only one of the three evaluation criteria, alongside ‘ of the FP, but stresses as well existing 'impact’' and ‘'quality and efficiency of the implementation’; calls for the reweighting of these criteria and invites the Commission to set out additional sub- criteria by adding ‘SSH integration and geographical balance’ under ‘impact’ and ‘project size’ under ‘efficiency of the implementation’' criteria and therefore invites the Commission to include into the 'impact' criterion the problem of 'underrepresented EU regions involvement' and 'the exploitation of the research infrastructure financed from ESIF';
Amendment 114 #
2016/2147(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for better evaluation and quality assurance by the evaluators; takes note of the complaints made by unsuccessful applicants that the Evaluation Summary Reports lack depth and clarity on what should be done differently in order to succeed; calls on the Commission to organise calls for proposals in such a way as to avoid excessive oversubscription; notes that when funding applications are rejected researchers’ motivation can be badly affected;
Amendment 125 #
2016/2147(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to better define ‘'impact’'; stresses that the assessment of the impact of fundamental research projects should remain flexible and its relative weight in the evaluation procedure should be decreased; asks the Commission to check that the balance between bottom-up and top-down calls is maintained and to analyse which procedure (one or two stage) is more useful to avoid oversubscription;
Amendment 142 #
2016/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to continue to enhance the societal challenges approach and emphasises the importance of collaborative research; underlines the need to reinforce somimportance of regular revision of the adequacy of the sSocietal cChallenges such as innovation in agriculture and health, especially cancer and antimicrobial resistance research planslist as well as flexibility of the budget dedicated to each of them;
Amendment 162 #
2016/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that synergies between funds are crucial to make investments more effective; stresses that RIS3 are an important tool to catalyse synergies setting out national and regional frameworks for R&D&I investments; regrets the presence of substantial barriers to making synergies fully operational19 such as the State Aid rules, aims for the alignment of rules and procedures for R&D&I projects under ESIF and FP; calls on the Commission to revise the State Aid rules and to allow R&D structural fund projects to be justifiable within the FP rules of procedure; _________________ 19Large research infrastructure fits within the scope and goals of the ERDF, but ERDF funds allocated nationally cannot be used to co-finance it; construction costs associated with new research infrastructures are eligible under the ERDF, but operational and staff costs are not.
Amendment 170 #
2016/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the R&I capabilities of North/South and West/East Member States are very different; recognises the European dimension tosuccessful implementation of the European Research Area requires full usage of the R&D&I potential of the all Member States and recognises the problem of the participation gap, which must be addressed by the FP if the EU is to exploit its full potential; welcomes, in this respect, the Widening Programme in Horizon 2020 programme; welcomes in this respect the Spreading Excellence and Widening Participation policy and calls on the Commission to increase its budget substantially; calls on the Commission to assess whether the three Wwidening instruments have achieved their specific objectives and to clarify the rational and general goal of the Programme, to review the indicator used to define ‘underrepresented’ countries, and to keep a dynamic list that allowsprovide the balanced and adopted set of instruments responding to the existing EU disparities in research and innovation field; calls on the Commission and Member States to be in work out depending on how their capabilities evolve; calls on the Commission to adapt or adopt new measures to bridge this gapthe clear rules allowing the full implementation of Seal of Excellence scheme; calls to review the indicators used to define 'underrepresented' countries and to verify regularly the list of those countries during the framework programme implementation;
Amendment 187 #
2016/2147(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises the importance of incorporating research and entrepreneurship skills into Member States’ primary and high school education systems in order to encourage young people to develop these skills, as R&D should be viewed in structural rather than cyclical or temporal terms; calls on the Member States and the Commission to enhance employment stability and attractiveness for young researchers; calls on the Commission to provide new increased levels of support for young researchers, such as a new funding scheme for early-stage researchers with less than three years of experience after PhD completion;
Amendment 197 #
2016/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Confirms that international co- operation fell from 5% in FP7 to 2.8% in Horizon 2020; calls on the Commission to revise the terms of international cooperation, recalls that the FP should contribute to ensuring that Europe remains a key global player, while underlining the importance of scientifice diplomacy; calls for a strategic vision and structure to support this objective and welcomes all initiatives involving third countries such as PRIMA;
Amendment 225 #
2016/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to clarify the instruments and functioning of the EIC; underlines the need to keep and strengthen the SME Instrument and the Fast Track to Innovation, and to facilitate funding for the final stages of research so that laboratory scientific innovations can develop into commercial businesses; asks the Commission to analyse also how KICs can be integrated into the EIC and stresses the need to evaluate the EIC pilot results to propose the balanced mix of instruments for EIC portfolio; underlines the need to keep and strengthen the SME Instrument and the Fast Track to Innovation; invites the Commission to work out mechanisms including SMEs into big FP projects; calls on the Commission to keep KICs in the current EIT structure;
Amendment 227 #
2016/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to clarify the instruments and functioning of the EIC; underlines the need to keep and strengthen the SME Instrument and the Fast Track to Innovation, and to in a way that new ventures with a proven technology foundation but without a track record can benefit, as the sensitive spot for deep-tech companies lies before the foundation of the company and therefore new instruments would facilitate funding for the final stages of research so that laboratory scientific innovations can develop into commercial businesses; asks the Commission to analyse also how EIT and its KICs can be integraconnected into the EIC;
Amendment 250 #
2016/2147(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Open Science pilot funding as a first step towards an Open Science Cloud; recognises the relevance of e-infrastructures and supercomputing, the need for public and private sector stakeholders and civil society to be involved and the importance of citizen science in ensuring that society plays a more active part in the definition of the problems; calls for a scientific metadata structure and procedures for the generation of such data in order to feed the European OSC and ensure data exploitation; calls on the Commission and the public and private research community to explore new models that integrate private cloud resources and public e- infrastructures and the launch of citizen agendas in science and innovation;
Amendment 266 #
2016/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the success of H2020 and the 1:11 leverage factor; notes the oversubscription and the challenges that lie ahead, and calls for a budgetary increase of EUR 100 billion for FP9calls on the Commission to increase the budget of FP9 to EUR 120 billion and insists on avoiding fragmentation and dispersing of this budget;
Amendment 270 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that the main goals of FP9 programme should remain strengthening of the EU competitiveness, creating growth and jobs, bringing new knowledge and innovations in order to tackle the crucial challenges faced by Europe as well as the further progress towards developing sustainable European Research Era; welcomes in this respect the current pillar structure of the FP and calls on the Commission to retain this structure for the sake of continuity and predictability.
Amendment 277 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Notes that the EU faces numerous significant and dynamic challenges and calls on the Commission to provide in Pillar 3 balanced set of instruments responding to the dynamic nature of emerging problems; underlines the need of providing sufficiently flexible budget for the specific challenges in Pillar 3 as well as the regular revision of the adequacy of those challenges;
Amendment 279 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Encourages the Commission to continue its efforts on enhancing synergies between FP9, ESIF and EFSI and providing fewer instruments with harmonised rules (State Aid); askes Commission therefore to continue work on the coherence, simplification, transparency and clarity of the programme, on improving the evaluation process and on reducing fragmentation;
Amendment 280 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on the Commission to keep adequate balance between fundamental research and innovation within FP9; notes a need of strengthening of the collaborative research; underline the necessity of inclusion SMEs into collaborative projects and creating corresponding mechanisms and rules;
Amendment 281 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Notes that FP9 should tackle the possible problem of the oversubscription and low success rates faced in Horizon 2020; suggests to consider the reintroduction of the two stage evaluation procedure with the unified first stage and specified second stage dedicated to the selected applicants; calls on the Commission to ensure sufficiently comprehensive ESRs with indications on how the proposal could be improved;
Amendment 282 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Underlines the need of strengthening the international cooperation within FP9 and spreading science diplomacy.
Amendment 283 #
2016/2147(INI)
Motion for a resolution
Paragraph 26 g (new)
Paragraph 26 g (new)
26g. Stresses that the European Union needs to fully use the existing R&D&I potential of all Member States and provide adequate and equal opportunities for the scientific development to all the European scientists and researchers in order to implement successfully the European Research Area concept; calls on the Commission to strengthen current efforts to support wider participation in FP9 to demonstrate European added value and handle the existing disparities in Europe in research and innovation field; asks the Commission to work out the balanced set of Widening Participation instruments and measures, having in mind that the budget for those instruments needs to be increased significantly; underlines the need for providing cooperation patterns enhancing brain circulation and opening the existing networks to newcomers; asks for creating mechanisms allowing inclusion of research infrastructure financed from ESIF into FP9 projects; calls to review the indicators used to define 'underrepresented' countries and regularly verify the list of those countries during the implementation of the framework programme;
Amendment 284 #
2016/2147(INI)
26h. Calls on the Commission to improve transparency and clarity of rules for public-private cooperation within FP9 projects following the results and recommendations stemming from the evaluation; asks the Commission to verify and assess the existing instruments for public-private partnerships;
Amendment 290 #
2016/2147(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to separate military defence research from civilian civil research in the next MFF, since EU needs these must be two different programmes with two different budgets that do not affect the budgetary ambitions and main goals of FP9;
Amendment 296 #
2016/2147(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 301 #
2016/2147(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the current pillar structure of the programme, and calls on the Commission to retain this structure for the sake of continuity and predictability, to improve the interaction among all funding instruments/programmes and to study the possibility of having fewer instruments with harmonised rules; asks the Commission therefore to continue work on the coherence, simplification, transparency and clarity of the programme, on improving the evaluation process and on reducing fragmentation; calls on the Commission to continue taking account in future FPs of the important role which standardisation plays in the context of innovation;
Amendment 313 #
2016/2147(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 318 #
2016/2147(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 334 #
2016/2147(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that R&D investment by industry has not significantly increased; in view of the generally scarce resources for public R&D spending, calls for industrial competitiveness to be supported by differentiating between mature and emerging sectors, thus allowing larger or more mature industries to participate in projects more at their own cost or through loans;
Amendment 335 #
2016/2147(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. NotesWelcomes the fact that R&D investment by industry has not significantly increasedrepresents two thirds of total research in the EU; in view of the generally scarce resources for public R&D spending, calls for industrial competitiveness to be supported by differentiating between mature and emerging sectors, thus allowing larger or more mature industries to participate in projects more at their own cost or through loanflexible instruments such as PPPs and JTIs;
Amendment 358 #
2016/2147(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Regrets the mixed set of results achieved by the gender equality focus in H2020, as the only target reached is the share of women in the advisory groups, while the share of women in the project evaluation panels and among project coordinators, and the gender dimension in research and innovation content, remain below target levels; encourages Member States to create a gender-positive legal and political environment and to provide incentives for change, and calls on the Commission to continue to promote gender equality and mainstreaming in FP9 and to consider the possibility of gender as a sub- criterion in the evaluation phase;
Amendment 367 #
2016/2147(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes that the next FP will have to take account of the UK’s departure from the EU; notes that R&I benefits from clear and stable long-term frameworks, and that the UK has a leading position in the field of scienceFP9 needs to take into consideration the Brexit implications and calls on the Commission to provide the solutions, which will prevent EU from losing scientific results generated in Horizon 2020 and FP9 projects; expresses the wish that networks and collaboration with entities in the UK can continue and that stable and satisfying solutions can be found quickly;
Amendment 1072 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 136
Rule 136
Amendment 325 #
2016/2058(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that the Member States should, as a matter of urgency, take steps towards phasing out low-temperature furnaces used for the combustion of solid fuels and organic waste, which, during the combustion process, release into the atmosphere carcinogenic substances such as polycyclic aromatic hydrocarbons (benzopyrene, etc.); Takes the view that the use of wood-burning fireplaces in densely built towns and cities should be banned;
Amendment 86 #
2016/2041(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the fact that the national regulation of electricity markets is a key factor in the diverging advance of renewables, different energy costs for families and for industry and different levels of energy dependencyand observes that a uniform framework for the promotion of renewables in the European Union would have significant advantages;
Amendment 104 #
2016/2041(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the role of national renewable support schemes in attracting long-term investment and consolidating the renewable sector; deplores the absence of European coordination in this field and notes that purely national support has a serious, and in part distorting, impact on the internal energy market; calls for a European framework for renewables in order to prevent further distortion of the internal market; rejects the retroactive elimination of renewable support schemes;
Amendment 155 #
2016/2041(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 93 #
2016/2005(ACI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. ApproveRejects the draft agreement contained in Annex I to this decision;
Amendment 96 #
2016/2005(ACI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 217 #
2016/0382(COD)
Proposal for a directive
Recital 36
Recital 36
(36) The lack of transparent rules and coordination between the different authorisation bodies has been shown to hinder the deployment of energy from renewable sources. The establishment of a single administrative contact point integrating or coordinating all permit- granting processes should reduce complexity and increase efficiency and transparencMember States are therefore urged to coordinate their efforts more closely. Administrative approval procedures should be streamlined with transparent timetables for installations using energy from renewable sources. Planning rules and guidelines should be adapted to take into consideration cost- effective and environmentally beneficial renewable heating and cooling and electricity equipment. This Directive, in particular the provisions on the organisation and duration of the permit granting process, should apply without prejudice to international and Union law, including provisions to protect the environment and human health.
Amendment 481 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 27 %. Member States shall ensure that they make the contributions required of them to this overarching objective.
Amendment 658 #
2016/0382(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to adaptations necessary to comply with State aid rulesArticles 107 and 108 TFEU, Member States shall ensure that the level of, and the conditions attached to, the support granted to renewable energy projects are not revised in a way that negatively impacts the rights conferred thereunder and the economics of supported projects.
Amendment 82 #
2016/0381(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Union is committed to developing a secure, competitive and decarbonised energy system by 205012. To meet this goal, Member States and investors need milestones to ensure that buildings are decarbonised by 2050. In order to ensure this decarbonised building stock by 2050, Member States should identify the intermediary steps to achieving the short-term (2030), mid-term (20340) and long-term (2050) objectives. __________________ 12 Communication on an Energy roadmap 2050, (COM(2011) 885 final).
Amendment 90 #
2016/0381(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The 2015 Paris Agreement on climate change (COP 21) must be reflected in the Union's efforts to decarbonise its building stock, taking into account that almost 50 % of the Union's final energy demand is used for heating and cooling, of which 80 % is used in buildings.
Amendment 283 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 2 – subparagraph 2
Article 2 a – paragraph 2 – subparagraph 2
In addition, the long -term renovation strategy shall contribute to the alleviation of energy poverty.ould ensure that impoverished households have equal access to financing measures to improve energy performance;
Amendment 345 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Member States shallould ensure that in all new non-residential buildings and in all existing non-residential buildings undergoing major renovation with more than ten parking spaces, at least one of every ten is equipped with a recharging point within the meaning of Directive 2014/94/EU on the deployment of alternative fuels infrastructure17, which is capable of starting and stopping charging in reaction to price signals. This requirement shall apply to all non- residential buildings, with more than ten parking spaces, as of 1 January 2025. __________________ 17parking spaces in new non-residential buildings are equipped with a recharging point within the meaning of Directive 2014/94/EU on the deployment of alternative fuels infrastructure17. Member States shall decide on the minimum number of recharging points in each building. __________________ 17 OJ L 307, 28.10.2014, p. 1 OJ L 307, 28.10.2014, p. 1
Amendment 387 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that newly -built residential buildings and those undergoing major renovations, with more than ten parking spaces, include the pre- cabling to enable thewith parking spaces are fitted with conduits to enable the technology-neutral installation of recharging points for electric vehicles for every parking space.s;
Amendment 421 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/31/EU
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall ensure that, when a technical building system is installed, replaced or upgraded, the overall energy performance of the complete altered system is assessed, documented it and passed on to the building owner, so that it remains available for the verification of compliance with the minimum requirements set pursuant to paragraph 1 and the issue of energy performance certificates. Member States shall ensure that this information is included in the national energy performance certificate database referred to in Article 18(3).
Amendment 496 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2010/31/EU
Article 14 – paragraph 1
Article 14 – paragraph 1
‘1. Member States shall lay down the necessary measures to establish a regular inspection of the accessible parts of systems used for heating buildings, such as the heat generator, control system and circulation pump(s) for non-residential buildings with total primary energy use of over 250MWh and for residential buildings with a centralised technical buildheating system of a cumulated effective rated output of over 100 kW. That inspection shall include an assessment of the boiler efficiency and the boiler sizing compared with the heating requirements of the building. The assessment of the boiler sizing does not have to be repeated as long as no changes were made to the heating system or as regards the heating requirements of the building in the meantime.’;
Amendment 515 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2010/31/EU
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. As an alternative to paragraph 1 Member States may set requirements to ensure that residential buildings with centralised technical buildheating systems of a cumulated effective rated output of over 100 kW
Amendment 536 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2010/31/EU
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall lay down the necessary measures to establish a regular inspection of the accessible parts of air- conditioning systems for non-residential buildings with total primary energy use of over 250MWh and for residential buildings with a centralised technical buildn air-conditioning system of a cumulated effective rated output of over 100 kW. The inspection shall include an assessment of the air- conditioning efficiency and the sizing compared to the cooling requirements of the building. The assessment of the sizing does not have to be repeated as long as no changes were made to this air-conditioning system or as regards the cooling requirements of the building in the meantime.’;
Amendment 555 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2010/31/EU
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. As an alternative to paragraph 1 Member States may set requirements to ensure that residential buildings with centralised technical buildair- conditioning systems of a cumulated effective rated output of over 100 kW
Amendment 108 #
2016/0376(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The European Council of October 2014 set a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind an Union level of 30 %'. In December 2015, a small majority of the European Parliament called upon the Commission to also assess the viability of a 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to adapt it to the 2030 perspective.
Amendment 113 #
2016/0376(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Commission and the Member States should ensure that the reduction in energy consumption results from greater energy efficiency and not from macro- economic circumstances. The main focus of this Directive is to achieve real energy efficiency gains, regardless of the macro- economic circumstances. Therefore flexibility in the calculation of the target should be provided for key influencing para-meters such as economic growth, technological developments, variations of industrial production, structural changes of the economy and significant climate variations, in order to maintain a level of energy efficiency ambition and avoid a cap on in-dustrial growth.
Amendment 137 #
2016/0376(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order not to undermine the price signal within the EU ETS due to energy efficiency targets, the intake rates of the market stability reserve should be agreed. Measures adopted pursuant to this Directive should lead to more free allowances being available under the ETS to ensure effective carbon leakage protection.
Amendment 140 #
2016/0376(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) The Commission should ask Member States that overachieve targets and thereby cause an increase in the carbon market surplus and a decrease in certificate prices, to withhold and later cancel allowances in a volume sufficient to neutralise the market surplus and price decrease.
Amendment 143 #
2016/0376(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The obligation on Member States to establish long-term strategies for mobilising investment in the renovation of their national building stock and notify them to the Commission should be removed from Directive 2012/27/EU and added to Directive 2010/31/EU of the European Parliament and of the Council10 where it fits with long term plans for nearly zero energy buildings and the decarbonisation of buildings. __________________ 10 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13.
Amendment 153 #
2016/0376(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Member States are required to achieve a cumulative end-use savings requirement for the entire obligation period, equivalent to 'new' savings of 1.5,2 % of annual energy sales. This requirement could be met by new policy measures that are adopted during the new obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, but in respect of which the individual actions that trigger energy savings are actually introduced during the new period.
Amendment 169 #
2016/0376(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Long term energy efficiency measures will continue delivering energy savings after 2020 but i. In order to contribute to the next Union 2030 energy efficiency target, those measures should deliver new savings after 2020. On the other hand, energy savings achieved after 31 December 2020 may not count towards the cumulative savings amount required for the period from 1 January 2014 to 31 December 2020.
Amendment 172 #
2016/0376(COD)
Proposal for a directive
Recital 9
Recital 9
(9) New savings should be additional to business as usual, so that savings that would have occurred in any event may not be claimed. In order to calculate the impact of measures introduced only net savings, measured as the change of energy consumption that is directly attributable to the energy efficiency measure in question, may be counted. To calculate net savings Member States should establish a baseline scenario of how the situation would evolve in the absence of the policy in question. The policy intervention should be evaluated against this defined baseline. Member States should take into account that other policy interventions may be undertaken in the same time frame which may also have an impact on energy savings, so that not all changes observed since the introduction of the policy intervention being evaluated can be attributed to that policy measure only. The actions of the obligated, participating or entrusted party should actually contribute to the achievement of the savings claimed to ensure the fulfilment of the materiality requirement.
Amendment 195 #
2016/0376(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Improvements to the energy efficiency of buildings should benefit in particular consumers affected by energy povertywith low income compared to national standards. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures and transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers.
Amendment 203 #
2016/0376(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The costs and benefits of all energy efficiency measures taken, including pay-back periods, should be made fully transparent to consumers.
Amendment 219 #
2016/0376(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to clear and timely information about their energy consumption need to be strengthened. Articles 9 to 11 and Annex VII of Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption when this is technically feasible and cost- efficient in view of the measurement devices in place. The cost-efficiency of sub-metering depends on whether the related costs are proportionate in relation to the potential energy savings. It should also be clarified that rights relating to billing and billing or consumption information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. The term 'final customer' should be understood to include only natural or legal persons purchasing energy based on a direct, individual contract with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user', should coverin addition to final customers purchasing heating, cooling or hot water for their own use as well acovers occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source and where the occupants have no direct or individual contract with the energy supplier. The term 'sub- metering' should refer to measuring consumption in individual units of such buildings. By 1 January 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new Article 9a is intended to apply only to heating, cooling and hot water supplied from a central source.
Amendment 227 #
2016/0376(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Small and medium-sized enterprises (SMEs) in the scope of this Directive should mean enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million, in accordance with Article 2(1) of the Annex to Commission Recommendation 2003/361/EC.
Amendment 263 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s 2020 20 % headline targets and its 2030 30 % bindingcative headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 and 2030.;
Amendment 289 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph – subparagraph 1
Article 3 – paragraph – subparagraph 1
Each Member State shall set an indicative national energy efficiency target for 2020, based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States shall notify those targets to the Commission in accordance with Article 24(1) and Annex XIV Part 1. When doing so, they shall also express those targets in terms of an absolute level of primary energy consumption and/or final energy consumption in 2020 and shall explain how, and on the basis of which data, this has been calculated.
Amendment 295 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 2 – point a
Article 3 – paragraph 1 – subparagraph 2 – point a
(a) that the Union’s 2020 energy consumption has to be no more than 1 483 Mtoe of primary energy and/or no more than 1 086 Mtoe of final energy;
Amendment 304 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 3 – point b
Article 3 – paragraph 1 – subparagraph 3 – point b
(b) GDP evolution and forecast and economic structural change;
Amendment 306 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 2012/27/EU
Article 3 – paragraph 1 – subparagraph 3 – point b a (new)
Article 3 – paragraph 1 – subparagraph 3 – point b a (new)
(ba) technological evolution and forecast;
Amendment 326 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2012/27/EU
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Each Member State shall set indicative national energy efficiency contributions towards the Union's 2030 target referred to in Article 1 paragraph 1 in accordance with(1) in accordance with the second and third subparagraphs of Article 3(1), taking into account Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributions, Member States shall take into account that the Union’s 2030 energy consumption has to aim to be no more than [1 321] Mtoe of primary energy andor no more than [987] Mtoe of final energy as reference baseline values and the primary and final energy consumption levels must be adjusted to: (a) economic development or structural adjustment according to the production index on the ground of Eurostat data; (b) changes in demographic developments; (c) climate variations or extreme events such as heat waves or cold spells, according to IPCC assessment reports; (d) energy consumption patterns due to innovation processes and implementation of environmental, energy and climate policy measures, such as decarbonisation measures, recycling processes, sector coupling or demand- side-management; (d) technological developments and increasing economic activity to allow for economic growth. The recalculation of the baseline values shall be done bi-annually based on national energy and climate plans and Eurostat data. Member States shall notify those contributions to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].;
Amendment 344 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 2012/27/EU
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The Commission shall request Member States that overachieve their targets and thereby cause an increase in the carbon market surplus and a decrease in certificate prices to withhold and cancel allowances in sufficient volume to ensure that the surplus increase and price decrease are neutralised.
Amendment 370 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 1 – point b
Article 7 – paragraph 1 – subparagraph 1 – point b
(b) new savings each year from 1 January 2021 to 31 December 2030 of 1.52 % of annual energy sales to final customers by volume, averaged over the most recent three-year period prior to 1 January 2019.;
Amendment 383 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 408 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
For the purposes of point (b), and without prejudice to paragraphs 2 and 3, Member States may count only those energy savings that stem from new policy measures introduced after 31 December 2020 or policy measures introduced during the period from 1 January2014 to 31December 2020before that date provided it can be demonstrated that those measures result in individual actions that are undertakendeliver savings after 31 December 2020 and deliver savings.
Amendment 441 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) count energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 and beyond and which can be measured and verified, towards the amount of energy savings referred to in paragraph 1; and
Amendment 450 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) exclude from the calculation of the energy savings requirement referred to in paragraph 1 the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies.
Amendment 460 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
3. All the options chosen under paragraph 2 taken together must amount to no more than 25 35% of the amount of energy savings referred to in paragraph 1. Member States shall apply and calculate the effect of the options chosen for the periods referred to in points (a) and (b) of paragraph 1 separately:
Amendment 506 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point a
Article 7a – paragraph 5 – point a
(a) shallmay include requirements with a social aim in the saving obligations they impose, including by requiring a share of energy efficiency measures to be implemented as a priority in households affected by energy povertylow income according to national standards and in social housing;
Amendment 532 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7b – paragraph 2
Article 7b – paragraph 2
2. In designing alternative policy measures to achieve energy savings, Member States shall take into account the effect on households affected by energy povertylow income households compared to national average.
Amendment 564 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 1
Article 9a – paragraph 2 – subparagraph 1
In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit, where technical feasible and cost-efficient in relation to the potential energy savings.
Amendment 572 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 2
Article 9a – paragraph 2 – subparagraph 2
Where the use of individual meters is not technically feasible or where it is not cost- efficient or not proportionate to measure heating or cooling in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost efficient or proportionate. In those cases, alternative cost-efficient methods of heat consumption measurement may be considered. The conditions of technical non-feasibility and non-cost effectiveness shall be clearly set out and published by each Member State.
Amendment 575 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 3
Article 9a – paragraph 2 – subparagraph 3
Amendment 587 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 4 – subparagraph 1
Article 9a – paragraph 4 – subparagraph 1
For the purposes of this Article, as of 1 January 2020, newly installed meters and cost allocators installed shallshall, where cost efficient, be remotely readable devices.
Amendment 648 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b
Annex – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point a
Annex V – paragraph 2 – point a
(a) the savings must be shown to be additional to those that would have occurred in any event without the activity of the obligated, participating or entrusted parties and/or implementing authorities. To determine what savings can be claimed as additional Member States shall establish a baseline that describes how energy consumption would evolve in the absence of the policy measure in question. The baseline shall reflect at least the following factors: energy consumption trends, changes in consumer behaviour, technological progress and changes caused by other measures implemented at national and EU level compared to the status quo;
Amendment 652 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b
Annex – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point b
Annex V – paragraph 2 – point b
Amendment 658 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b
Annex – point 1 – point b
Directive 2012/27/EU
Annex V – paragraph 2 – point c – introductory part
Annex V – paragraph 2 – point c – introductory part
(c) credit may only be given for savings achieving or exceeding the following levels:
Amendment 666 #
2016/0376(COD)
Proposal for a directive
Annex – point 1 – point b (new)
Annex – point 1 – point b (new)
Directive 2012/27/EU
Annex V – paragraph 2 – point h
Annex V – paragraph 2 – point h
(h) the calculation of energy savings shall take into account the lifetime of measures. This may be done by counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Measures implemented before 31 December 2020, which continue to generate cumulative energy savings after that date, shall be proportionally counted towards the target for 31 December 2030. Alternatively, Member States may adopt another method that is estimated to achieve at least the same total quantity of savings. When using other methods, Member States shall ensure that the total amount of energy savings calculated using these other methods does not exceed the amount of energy savings that would have been the result of their calculation when counting the savings each individual action will achieve between its implementation date and 31 December 2020 or 31 December 2030 as appropriate. Member States shall describe in detail in their Integrated National Energy and Climate plans under the Energy Union Governance the other methods they have used and which provisions have been made to ensure they meet this binding calculation requirement.
Amendment 694 #
2016/0376(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are no binding targets at national level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and/or final energy consumption, in 2020 and 2030 should be clearly set out in the form of an bindingcative 30 % target. This clarification at Union level should not restrict Member States as their freedom is kept to set their national contributions based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States should set their national indicative energy efficiency contributions taking into account that the Union’s 2030 energy consumption has to be no more than [1 321] Mtoe of primary energy and no more than [987] Mtoe of final energy, subject to biannual revision of baseline calculations. This means that primary energy consumption shouldis likely to be reduced by 23 % and final energy consumption should be reduced by 17 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.
Amendment 213 #
2016/0375(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation sets out the necessary legislative foundation for a reliable, cost-efficient and transparent Governance that ensures the achievement of the objectives and targets of the Energy Union through complementary, coherent, market-based and ambitious efforts by the Union and its Member States, while promoting the Union's Better Regulation principles.
Amendment 223 #
2016/0375(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Energy Union should cover five key dimensions: energy security; the internal energy market; energy efficiency; decarbonisation; and research, innovation and competitiveness, and whereas market reforms are key to reaching the Energy Union's full potential.
Amendment 279 #
2016/0375(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The European Council also concluded on 24 October 201414 that a reliable and transparent governance system, without any unnecessary administrative burden and with sufficient flexibility for Member States, should be developed to help ensure that the Union meets its energy policy goals, with the necessary flexibility for Member States and fully respecting their freedom to determine their energy mix. It emphasized that such governance system should build on existing building blocks, such as national climate programmes, national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands. It also agreed to step up the role and rights of consumers, transparency and predictability for investors, inter alia by systematic monitoring of key indicators for an affordable, safe, competitive, secure and sustainable energy system and to facilitate coordination of national energy policies and foster regional cooperation between Member States. __________________ 14 Conclusions of the European Council 23 - 24 October 2014 (EUCO 169/14).
Amendment 297 #
2016/0375(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The Conclusions of the Council of 26 November 2015 recognised that the governance system should provide sufficient flexibility for Member States to choose measures based on national specificities, choices, circumstances, technological developments and changing external conditions;
Amendment 326 #
2016/0375(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In line with the Commission's strong commitment to Better Regulation and consistent with a policy for research, innovation and investments, the Energy Union Governance should result in a significant reduction of administrative burden for the Member States, the Commission and other Union Institutions and it should help to ensure coherence and adequacy of policies and measures at Union and national level with regard to the transformation of the energy system towards a low-carbon economy.
Amendment 375 #
2016/0375(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) National plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty. Updates of national plans should however be foreseen once during the ten-year period covered to give Member States the opportunity to adapt to significant changing circumstances. For the plans covering the period from 2021 to 2030, Member States should be able to update their plans by 1 January 2024. Targets, objectives and contributions should only be modified to reflect an increased overall ambition in particular as regards the 2030 targets for energy and climate. As part of the updates, Member States should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting.
Amendment 379 #
2016/0375(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) National plans should be stable to ensure transparency and, predictability and investment certainty of national policies and measures in order to ensure investor certainty. Updates of national plans should however be foreseen once during the ten- year period covered to give Member States the opportunity to adapt to significant changing circumstances. For the plans covering the period from 2021 to 2030, Member States should be able to update their plans by 1 January 2024. Targets, objectives and contributions should only be modified to reflect an increased overall ambition in particular as regards the 2030 targets for energy and climate. As part of the updates, Member States should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting.
Amendment 504 #
2016/0375(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
(9) 'the Union’'s 2030 targets for energy and climate' means the Union-wide binding target of at least 40% domestic reduction in economy-wide greenhouse gas emissions as compared to 1990 to be achieved by 2030, the Union-level binding target of at least 27% for the share of renewable energy consumed in the Union in 2030, the Union-level target of at least 27% for improving energy efficiency in 2030, to be reviewed by 2020 having in mind an EU level of 30%, and thas referred to in Article 3 of [recast of Directive 2009/28/EC as proposed by COM(2016) 767], and the Union target for improving energy efficiency, as referred to in Article 1(1) and Article 3(4) of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)761], and the indicative 15 % electricity interconnection target for 2030 as proposed by the European Commission or any subsequent targets in this regard agreed by the European Council or Council and Parliament for the year 2030.
Amendment 621 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i
Article 4 – paragraph 1 – point a – point 2 – point i
i. with a view to achieving the Union's binding target of at least 27%n renewable energy in 2030, as referred to in Article 3 of [recast of Directive 2009/28/EC as proposed by COM(2016) 767], a contribution to this target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with a linearn indicative trajectory for that contribution from 2021 onwards;
Amendment 632 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point ii
Article 4 – paragraph 1 – point a – point 2 – point ii
ii. indicative trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 in the heating and cooling, electricity, and transport sectors;
Amendment 638 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point iii
Article 4 – paragraph 1 – point a – point 2 – point iii
iii. indicative trajectories by renewable energy technology that the Member State plans to use to achieve the overall and sectorial trajectories for renewable energy from 2021 to 2030 including total expected gross final energy consumption per technology and sector in Mtoe and total planned installed capacity per technology and sector in MW;
Amendment 657 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1 – paragraph 1
Article 4 – paragraph 1 – point b – point 1 – paragraph 1
the indicative national energy efficiency contribution to achieving the Union's binding energy efficiency target of 30% in 2030 as referred to in Article 1(1) and Article 3(4) of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)761], based on either primary or final energy consumption, primary or final energy savings, or energy intensity.
Amendment 669 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1 – paragraph 2
Article 4 – paragraph 1 – point b – point 1 – paragraph 2
Member States shall express their contribution in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030, with a linearn indicative trajectory for that contribution from 2021 onwards. They shall explain their underlying methodology and the conversion factors used;
Amendment 686 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 1
Article 4 – paragraph 1 – point c – point 1
(1) national indicative objectives with regard to increasing the diversification of energy sources and supply from third countries, for the purpose of increasing the resilience of national and regional energy systems;
Amendment 689 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 2
Article 4 – paragraph 1 – point c – point 2
(2) national indicative objectives with regard to reducing energy import dependency from third countries, for the purpose of increasing the resilience of national and regional energy systems;
Amendment 695 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 4
Article 4 – paragraph 1 – point c – point 4
(4) national indicative objectives with regard to deployment of domesticincreasing the flexibility of the national energy system, by means of deploying domestic and regional energy sources (notably renewable energy);
Amendment 702 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 1
Article 4 – paragraph 1 – point d – point 1
(1) the level of electricity interconnectivity that the Member State aims for in 2030 in consideration of the indicative electricity interconnection target for 2030 of at least 15 % as proposed by the Commission and, notably, regional market conditions and potential, cost- benefit analyses as well as measures to increase the tradable capacity in existing interconnections; Member States shall explain the underlying methodology used;
Amendment 709 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 2
Article 4 – paragraph 1 – point d – point 2
(2) key national objectives for electricity and gas transmission infrastructure that are necessary for the achievement of objectives and targets under any of the five dimensions of the Energy Union Strategy, including any planned or foreseen major infrastructure project along with a preliminary assessment of its compatibility with and contributions to the five dimensions of the Energy Union, notably with regard to security of supply and competition;
Amendment 722 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 4
Article 4 – paragraph 1 – point d – point 4
(4) national objectives with regard to ensuring electricity system adequacy, considering low carbon baseload generation as well as flexibility of the energy system with regard to renewable energy production, including a timeframe for when the objectives should be met;
Amendment 725 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 4 a (new)
Article 4 – paragraph 1 – point d – point 4 a (new)
(4a) national objectives with regard to ensuring that obstacles to free price formation are phased out, including a timeframe for when this is to be achieved.
Amendment 730 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 4 d (new)
Article 4 – paragraph 1 – point d – point 4 d (new)
(4d) national objectives with regard to phasing out priority dispatch for generating installations using renewable energy sources or high-efficiency cogeneration which have been commissioned prior to [OP: entry into force] and have, when commissioned, been subject to priority dispatch under Article 15(5) of Directive 2012/27/EU of the European Parliament and of the Council or Article 16(2) of Directive 2009/28/EC of the European Parliament and of the Council and the measures taken to ensure that, including a timeframe for when this is to be achieved;
Amendment 777 #
2016/0375(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the Union’s 2020 energy consumption is no more than 1 483 Mtoe of primary energy andor no more than 1 086 Mtoe of final energy, the Union’s 2030 energy consumption is no more than 1 321 Mtoe of primary energy andor no more than 987 Mtoe of final energy for the first ten- year period;
Amendment 831 #
2016/0375(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) interactions between existing (implemented and adopted) and planned policies and measures within a policy dimension and between existing (implemented and adopted) and planned policies and measures of different dimensions for the first ten- year period at least until the year 2030. The impact of possible interactions with the emission trading system (EU ETS) shall be assessed. Projections concerning security of supply, infrastructure and market integration shall be linked to robust energy efficiency scenarios.
Amendment 926 #
2016/0375(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Enhanced regional cooperation 1. The Commission shall, upon request by two or more Member States, establish a framework for Member States to jointly draft and submit to the Commission parts of the Integrated national energy and climate plan. If two or more Member States pursue such enhanced regional cooperation, the Regional integrated energy and climate plan shall replace the equivalent parts of their respective national plans. 2. The Commission may, with a view to promote cost-efficient policies, identify opportunities for enhanced regional cooperation, with a long-term vision, based on existing market structures, interconnections or other market conditions which could facilitate an enhanced regional cooperation, and based on such opportunities issue non-binding recommendations to the Member States.
Amendment 960 #
2016/0375(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 969 #
2016/0375(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall onlymake considerable efforts to modify the targets, objectives and contributions set out in the update referred to in paragraph 2 to reflect an increased ambition as compared to the ones set in the latest notified integrated national energy and climate plan.
Amendment 1159 #
2016/0375(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point d g (new)
Article 21 – paragraph 1 – point d g (new)
(dg) national measures and policies with regard to phasing out priority dispatch for generating installations using renewable energy sources or high- efficiency cogeneration which have been commissioned prior to [OP: entry into force] and have, when commissioned, been subject to priority dispatch under Article 15(5) of Directive 2012/27/EU of the European Parliament and of the Council or Article 16(2) of Directive 2009/28/EC of the European Parliament and of the Council and the measures taken to ensure that, including a timeframe for when this is to be achieved.
Amendment 1160 #
2016/0375(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
Amendment 1224 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. The Commission shall take into account, during its assessment of the integrated national energy and climate plans, legitimate national specific situations, proven through an assessment of competent authorities at national and European level, which could explain any delay in the contributions of Member States for the collective achievement of the Energy Union objectives and, in particular, for meeting its objectives and targets.
Amendment 1245 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
In the area of energy efficiency, as part of its assessment referred to in paragraph 1, the Commission shall assess progress towards collectively achieving a maximum energy consumption at Union level of 1 321 Mtoe of primary energy consumption andor 987 Mtoe of final energy consumption in 2030 as referred to in Article 6(1)(a).
Amendment 1255 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2 – point a
Article 25 – paragraph 3 – subparagraph 2 – point a
(a) consider whether the Union's milestone of no more than 1483 Mtoe of primary energy andor no more than 1086 Mtoe of final energy in 2020 is achieved;
Amendment 1318 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. If, on the basis of its aggregate assessment of Member States' integrated national energy and climate progress reports pursuant to Article 25(1)(a), and supported by other information sources, as appropriate, the Commission concludes that the Union is at risk of not meeting the objectives of the Energy Union and, in particular, for the first ten-years period, the targets of the Union's 2030 Framework for Climate and Energy, it may issue recommendations to all Member States pursuant to Article 28 to mitigate such risk. The Commission shallmay, as appropriate, takpropose measures at Union level in addition to the recommendations in order to ensure, in particular, the achievement of the Union's 2030 targets for renewable energy and energy efficiency. These measures shall be evaluated by means of a public consultation procedure. With regard to renewable energy, such measures shall take into consideration ambitious early efforts by Member States to contribute to the Union's 2030 target.
Amendment 1397 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 5 – introductory part
Article 27 – paragraph 5 – introductory part
5. If, in the area of energy efficiency, without prejudice to other measures at Union level pursuant to paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (3), in the year 2023 that progress towards collectively achieving the Union’s energy efficiency target mentioned in the first subparagraph of Article 25(3) is insufficient, it shall takemay, if Member States do not take additional measures by the year 2024 in addition to those set out in Directive 2010/31/EU [version as amended in accordance with proposal COM(2016) 765] and Directive 2012/27/EU [version as amended in accordance with proposal COM(2016) 761], propose further measures to ensure that the Union's binding 2030 energy efficiency targets are met. Such additional measuresThese measures shall be evaluated by means of a public consultation procedure. They may in particular improve the energy efficiency of:
Amendment 1558 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.4
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.4
Amendment 1622 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.4
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.4
Amendment 1672 #
2016/0375(COD)
Proposal for a regulation
Annex II – paragraph 2 – point 2.1 – point f – point i
Annex II – paragraph 2 – point 2.1 – point f – point i
Amendment 1674 #
2016/0375(COD)
Proposal for a regulation
Annex II – paragraph 2 – point 2.2 – point g
Annex II – paragraph 2 – point 2.2 – point g
Amendment 157 #
2016/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing and will persistently continue to do so in future. While in the past the focus was mainly on growing down- and uplink bandwidth available overall and to each individual user, other parameters like latency, availability and reliabilitysilience are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed- line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilitieshave at least the same capabilities as optical fibre in terms of available down- and uplink band width, latency, availability and resilience. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. In order to take account of future technological developments, it should be possible in future to adjust or supplement the performance features of 'very high capacity networks', provided that doing so serves the purpose of attaining the aims of this directive.
Amendment 158 #
2016/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling building, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture. At present, optical fibre components offer the best available network performance; it ought to be possible to modify the definition of 'very high capacity network' in future in the light of technological changes and constantly changing market conditions.
Amendment 178 #
2016/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to translate the political aims of the Digital Single Market strategy into regulatory terms, the framework should, in addition to the existing three primary objectives of promoting competition, internal market and end-user interests, pursue an additional connectivity objective, articulated in terms of outcomes: widespread access to and take-up of very high capacity fixed and mobile connectivity for all Union citizens and businesses on the basis of reasonable price and choice, enabled by effective and fair competition, by efficient investment and open innovation, by efficient use of spectrum, by common rules and predictable regulatory approaches in the internal market and by the necessary sector-specific rules to safeguard the interests of citizens. All the political aims formulated in this paragraph should be regarded as equally important. For the Member States, the national regulatory authorities and other competent authorities and the stakeholders, that connectivity objective translates on the one hand into aiming for the highest capacity networks and services economically sustainable in a given area, and on the other hand into pursuing territorial cohesion, in the sense of convergence in capacity available in different areas. Fair competition is the most important precondition for investment. The aim is to ensure high- performance infrastructure across the European Union.
Amendment 237 #
2016/0288(COD)
Proposal for a directive
Recital 139
Recital 139
(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligatThe EU cost reduction directive (2014/61/EU) contains additional elements of symmetrical regulation. It requires the European Commissions to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteriasubmit a report on the implementation of this directive to the European Parliament and the Council by 1 July 2018. The findings of the implementation report should first be awaited, to provide a basis for deciding whether additional elements of symmetrical regulation are needed.
Amendment 242 #
2016/0288(COD)
Proposal for a directive
Recital 140
Recital 140
Amendment 245 #
2016/0288(COD)
Proposal for a directive
Recital 141
Recital 141
Amendment 257 #
2016/0288(COD)
Proposal for a directive
Recital 172
Recital 172
(172) Civil engineering assets that can host an electronic communications network or passive infrastructure such as inactive cables are crucial for the successful roll- out of new very high capacity networks because of the high cost of duplicating them, and the significant savings that can be made when they can be reused. Therefore, in addition to the rules on physical infrastructure laid down in Directive 2014/61/EU, a specific remedy is necessary in those circumstances where civil engineering assets are owned by an operator designated with significant market power. Where civil engineering assets or passive infrastructure exist and are reusable, the positive effect of achieving effective access to them on the roll-out of competing infrastructure is very high, and it is therefore necessary to ensure that access to such assets can be used as a self- standing remedy for the improvement of competitive and deployment dynamics in any downstream market, to be considered before assessing the need to impose any other potential remedies, and not just as an ancillary remedy to other wholesale products or services or as a remedy limited to undertakings availing of such other wholesale products or services. National regulatory authorities should value reusable legacy civil engineering assets on the basis of the regulatory accounting value net of the accumulated depreciation at the time of calculation, indexed by an appropriate price index, such as the retail price index, and excluding those assets which are fully depreciated, over a period of not less than 40 years, but still in use.
Amendment 275 #
2016/0288(COD)
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where an operator with significant market power makes an open call for co-investment on fair, reasonable and non-discriminatory terms in new network elements which significantly contribute to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro-competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure. National regulatory authorities must lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment must ensure open access for all undertakings wishing to participate in it.
Amendment 280 #
2016/0288(COD)
Proposal for a directive
Recital 184
Recital 184
(184) Due to current uncertainty regarding the rate of materialisation of demand for very high capacity broadband services as well as general economies of scale and density, co-investment agreements offer significant benefits in terms of pooling of costs and risks, enabling smaller-scale operators to invest on economically rational terms and thus promoting sustainable, long-term competition, including in areas where infrastructure-based competition might not be efficient. Where open calls for tender are used for co-investment in new network elements which have been published by an operator with significant market power makes an open call for co-investment on fair, reasonable and non- discriminatory terms in new network elements which significantly, or where other investment models are used which contribute equally to the deployment of very high capacity networks, the national regulatory authority should typically refrain from imposing obligations pursuant to this Directive on the new network elements, subject to further review in subsequent market analyses. Provided due account is taken of the prospective pro- competitive effects of the co-investment at wholesale and retail level, national regulatory authorities can still consider it appropriate, in light of the existing market structure and dynamics developed under regulated wholesale access conditions, and in the absence of a commercial offer to that effect, to safeguard the rights of access seekers who do not participate in a given co-investment through the maintenance of existing access products or – where legacy network elements are dismantled in due course – through imposition of access products with comparable functionality to those previously available on the legacy infrastructure.
Amendment 314 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location or which is capable of delivering under usual peak- time conditions similarat least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similar regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 362 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) promote competition, which is the most important precondition for investments, in the provision of electronic communications networks and associated facilities, including efficient infrastructure- based competition, and in the provision of electronic communications services and associated services; in order to ensure high-performance infrastructures across the European Union.
Amendment 372 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d – point i (new)
Article 3 – paragraph 2 – point d – point i (new)
(i) The objectives set out in paragraph 2 shall be equivalent.
Amendment 508 #
2016/0288(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 530 #
2016/0288(COD)
Proposal for a directive
Article 33 – paragraph 5 – point c
Article 33 – paragraph 5 – point c
Amendment 554 #
2016/0288(COD)
Proposal for a directive
Article 35 – paragraph 5 – subparagraph 1
Article 35 – paragraph 5 – subparagraph 1
The national regulatory authority concerned shall take utmost account of the opinion of BEREC and of comments made by the Commission and other national regulatory authorities before adopting its final decision. It shall communicate the final decision adopted to BEREC and the Commission.
Amendment 555 #
2016/0288(COD)
Proposal for a directive
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 698 #
2016/0288(COD)
Proposal for a directive
Article 53 – paragraph 1 – point b
Article 53 – paragraph 1 – point b
Amendment 734 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 821 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
(a) the existence of market developments which may increase the likelihood of the relevant market tending towards effective competition, such as those commercial co-investment or access agreements between operators which benefit competitive dynamics sustainablyfoster effective competition on the relevant market;
Amendment 865 #
2016/0288(COD)
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to existing commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 883 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering and passive infrastructure including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inactive cabling, inspection chambers, manholes, and cabinets, in situations where the market analysis indicates that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.
Amendment 910 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Only where a national regulatory authority concludes that the obligations imposed in accordance with Article 70 would not on their own lead to the achievement of the objectives set out in Article 3, it may, in accordance with the provisions of Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail and wholesale level, and would not be in the end-user's interest.
Amendment 922 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specified network elements and/or facilities, as appropriate including access to active network elements which are either not active or physical and/or active or virtual unbundled access to the local loop;
Amendment 1013 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) the deployment of the new network elements is open to co-investment offers according to a transparent process and on terms which favour sustainable competition in the long term including inter alia fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future; reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;. National regulatory authorities shall lay down clear conditions for co-investment in the respective Member States. Co-investment must prevent co-investors or other undertakings from being placed at a competitive disadvantage on the market. Co-investment shall ensure open access for all undertakings wishing to participate in it.
Amendment 1016 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1 – point a
Article 74 – paragraph 1 – subparagraph 1 – point a
(a) thein deployment ofing the new network elements is open to co-investment offers, investment models shall be used according to a transparent process and on terms which favour sustainable competition in the long term. These shall includinge inter alia co-investment models marked by fair, reasonable and non- discriminatory terms offered to potential co-investors; flexibility in terms of the value and timing of the commitment provided by each co-investor; possibility to increase such commitment in the future;, and reciprocal rights awarded by the co- investors after the deployment of the co- invested infrastructure;
Amendment 1095 #
2016/0288(COD)
Proposal for a directive
Article 114 – paragraph 1 a (new)
Article 114 – paragraph 1 a (new)
1a. In this context it shall assess in particular whether the definition of 'very high capacity networks' reflects the most effective technology currently in use on the market in terms of down- and uplink bandwidth, resilience, error-related parameters, and latency and its variation. If significant improvements occur there, or if other performance features have proven relevant, the definition may be amended.
Amendment 1096 #
2016/0288(COD)
Proposal for a directive
Article 114 – paragraph 3
Article 114 – paragraph 3
3. This review shall be undertaken in the light of social, economic and technological developments, taking into account, inter alia, mobility and data rates in the light of the prevailing technologies used by the majority of end-users . In the context of this review, the definition of 'very high capacity network' shall likewise be assessed, and it shall be reviewed whether the definition still meets current requirements on the basis of technological developments and changing conditions on the market. The Commission shall submit a report to the European Parliament and the Council regarding the outcome of the review.
Amendment 172 #
2016/0286(COD)
Proposal for a regulation
Title 1
Title 1
Amendment 31 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit, non- commercial basis or in the context of a public-interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations that undertake text and data mining for commercial purposes as well as organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive. In case a research organization is part of a public-private partnership and engages in text and data mining for the benefit of the commercial undertaking, the commercial undertaking should also acquire lawful access through the rightholder.
Amendment 34 #
2016/0280(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 72 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should notalso be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
Amendment 74 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers broadcastoring and/or giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final.
Amendment 76 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. The protection granted to press publications under this Directive should also apply where the content is automatically generated by, for example, news aggregators.
Amendment 90 #
2016/0280(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) Today more creative content is being consumed than ever before. That happens on services such as user- uploaded content platforms and content aggregation services. At the same time, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. One of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law. An unfair market has been created, threatening the development of the Digital Single Market and its main players: the creative industries.
Amendment 91 #
2016/0280(COD)
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models. Therefore, consideration is to be made of how this process can function with more legal certainty and respect for right holders. It is therefore of utmost importance to ensure transparency and a fair level playing field. The protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content.
Amendment 95 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research. Moreover, where researchers have lawfully obtained access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining.
Amendment 95 #
2016/0280(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Despite the fact that more creative content is being consumed today than ever before , on services such as user- uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. This has generated a so- called 'value gap', where platform services retain the value of cultural and creative works, which is diverted from creators. The transfer of value has created an inefficient and unfair market, and threatens the long-term health of the EU's cultural and creative sectors and the success of the Digital Single Market. Thus, liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 97 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and an act of reproduction, they are obliged to conclude licensing agreements with rightholders to protect the legitimate interest of the rightholder, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . However, liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators. _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 103 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships, provided that the partnership is not profit-oriented or that they reinvest all their profits in scientific research.
Amendment 111 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit, non- commercial basis or in the context of a public-interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations that undertake text and data mining for commercial purposes as well as organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive. In case a research organization is part of a public-private partnership and engages in text and data mining for the benefit of the commercial undertaking, the commercial undertaking should also acquire lawful access through the rightholder.
Amendment 116 #
2016/0280(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 132 #
2016/0280(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 138 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of non-commercial use such as scientific research.
Amendment 191 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. This protection should not extend to individual words or acts of hyperlinking, but should cover extracts from texts if the latter contain the key information which was to be conveyed by means of publication and thus do away with any incentive to click further to the source of the publication. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
Amendment 195 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 197 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. The rights to referred in paragraph 1 shall not extend to acts of hyperlinking as they do not constitute communication to the public.
Amendment 203 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned and the rights of rental, lending and distribution provided for in Directive 2006/115/EC. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Amendment 212 #
2016/0280(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Publishers, including those of press publications, books or scientific publications, often operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography. In a number of Member States compensation for uses under those exceptions is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed to determine that, when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers are entitled to claim a share of such compensation, whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place.
Amendment 215 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts of copyright protected works or other subject-matter uploaded by their users, thus going beyond the mere technical, automatic and passive provision of physical facilities, shall, in cooperation with rightholders, take effective measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter orand to prevent the availability on their services of works or other protected subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 218 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. The service provider referred to in paragraph 1 shall not benefit from the liability exemption provided for in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council1a . _________________ 1aDirective 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
Amendment 218 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
(31) A free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments. News aggregators and search engines have increasingly developed their activities by making profit from the content of press publishers. These profits are not shared fairly with the creators and publishers. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Amendment 220 #
2016/0280(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) Today more creative content is being consumed than ever before. That happens on services such as user- uploaded content platforms and content aggregation services. At the same time, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. One of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law. An unfair market has been created, threatening the development of the Digital Single Market and its main players: the creative industries.
Amendment 224 #
2016/0280(COD)
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models. Therefore, consideration is to be made of how this process can function with more legal certainty and respect for right holders. It is therefore of utmost importance to ensure transparency and a fair level playing field. The protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content.
Amendment 232 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
Amendment 237 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public tobroadcast copyright protected works or other subject-matter uploaded by their users and/or make them accessible to the public, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 238 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. The protection granted to press publications under this Directive should also apply where the content is automatically generated by, for example, news aggregators.
Amendment 259 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide accessare making available to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and an act of reproduction, they are obliged to conclude licensing agreements with rightholders in order to protect rightholders legitimate interests, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . The authorisation granted to these services should cover content uploaded by one or more users, if the users are not acting on a commercial and or professional basis. _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 261 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers broadcastoring and/or providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 277 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. For some start-ups, defined here as microenterprises and small enterprises1a which have been in existence for less than 10 years, the use of content-recognition technologies of this kind would probably constitute an insurmountable financial obstacle, for which reason enterprises of this kind should be released from the requirement to employ such technologies. _________________ 1a
Amendment 283 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers stormaking and providing access to the public to large amounts ofvailable to the public copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 293 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers stormaking and providing access to the public to large amounts ofvailable to the public copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 328 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawfully obtained access for the purposes of scientific research.
Amendment 346 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
(4) ‘press publication’ means a fixation of a collection of literary works of a journalistic nature produced by one or several authors, which may also comprise other works or subject-matter and constitutes an individual item within a periodical or regularly-updated publication under a single title, such as a newspaper or a general or special interest magazine, having the purpose of providing information related to news or other topics and published in any media under the initiative, editorial responsibility and control of a service provider.
Amendment 355 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have acquired lawful access for the purposes of scientific research.
Amendment 427 #
2016/0280(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 433 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digitalas well as Articles 3 and 9 of Directive 2006/115/EG for the use of their press publications.
Amendment 435 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The protection afforded to publishers of press publications by the rights referred to in paragraph 1 shall not be extended to cover individual words, the linking of hyperlinks and text excerpts, provided that the latter do not contain the core of the information intended to be transmitted with the press publication.
Amendment 444 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. The authors and other rightholders of the works and other protected subject matter contained in a press publication shall be have an appropriate share of the remuneration for the exploitation of the press publication.
Amendment 457 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of content protected contenby copyright by information society service providers storpublicly reproducing and/or giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 458 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts ofreproducing so that they are accessible to the public and/or giving access to works and other subject-matter uploaded by their users
Amendment 473 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and, beyond merely provide toing the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning ofhysical facilities, are actively involved in the communication to the public of and/or making available the works and other subject-matter uploaded by their users shall not be covered by the exclusion of liability pursuant to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council. Furthermore, these service providers shall undertake to conclude agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability onf their services of works or other subject-matter identified by rightholders through the cooperation with the service providers and shall, in consultation with the rightholders, take measures to ensure that the agreements concluded with the rightholders are respected. Those measures, such as the use of effective content recognition technologies, shall bemust be effective, appropriate and proportionate. The service providers shall provide rightholders rapidly and in a transparent manner with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 481 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
Micro-enterprises and small enterprises1b less than ten years old shall be exempted from the obligation to use content recognition technologies, but not from the obligation to take measures to ensure that the agreements concluded with the rightholders are complied with. _________________ 1b in accordance with the Commission recommendation concerning the definition of micro-enterprises and small and medium-sized enterprises
Amendment 495 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 506 #
2016/0280(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may provide that where an author has transferred, assigned or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right.
Amendment 511 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers stormaking and giving access to large amounts ofvailable works and other subject-matter uploaded by their users
Amendment 525 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts ofmake available to the public works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 549 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed, assigned or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 31 #
2016/0231(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 10 June 2016 the Commission presented the proposal for the EU to ratify the Paris agreement. This legislative proposal forms part of the implementation of the EU's commitment in the Paris agreement which aims to strengthen the global response to the threat of climate change by holding the increase in global average temperatures to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, and, among other things, to foster low greenhouse gas emissions development in a manner that does not threaten food production. The Union's commitment to economy-wide emission reductions was confirmed in the intended nationally determined contribution of the Union and its Member States that was submitted to the Secretariat of the UNFCCC on 6 March 2015.
Amendment 36 #
2016/0231(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The Paris Agreement prescribes that Parties should take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases, including forests.
Amendment 45 #
2016/0231(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 20201 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each Member State. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. __________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
Amendment 59 #
2016/0231(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Regulation [ ] [on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework] lays down accounting rules on greenhouse gas emissions and removals relating to land use, land-use change and forestry (LULUCF). While the environmental outcome under this Regulation in terms of the levels of greenhouse gas emission reductions that are made is affected by taking into account a quantity up to the sum of total net removals and total net emissions from deforested land, afforested land, managed cropland and managed grassland as defined in Regulation [ ], flexibility for a maximum quantity of 280336 million tonnes of CO2 equivalent of these removals divided among Member States according to the figures in Annex III should be included as an additional possibility for Member States to meet their commitments when needed. Where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to Article 8 (6) of Regulation [LULUCF] is adopted, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Article 7 to reflect a contribution of the accounting category managed forest land in the flexibility provided by that Article. Before adopting such a delegated act, the Commission should evaluate the robustness of accounting for managed forest land based on available data, and in particular the consistency of projected and actual harvesting rates. In addition, the possibility to voluntarily delete annual emission allocation units should be allowed under this Regulation in order to allow for such amounts to be taken into account when assessing Member States' compliance with requirements under Regulation [ ].
Amendment 70 #
2016/0231(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning. The review should take into account evolving national circumstances and be informed by the results of the global stocktake of the Paris Agreement. An additional review should be conducted to account for economic consequences in the event of a Member State exiting the Union under Article 50 of the Treaty on European Union.
Amendment 93 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 20201 on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
Amendment 100 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. This implementing act shall also specify, based on the percentages notified by Member States under Article 6(2), the quantities that may be taken into account for their compliance under Article 9 between 2021 and 2030. If the sum of all Member States' quantities were to exceed the collective total of 1200 million, the quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded.
Amendment 118 #
2016/0231(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States that may have a limited cancellation of up to a maximum of 1200 million EU ETS allowances as defined in Article 3(a) of Directive 2003/87/EC collectively taken into account for their compliance under this Regulation are listed in Annex II to this Regulation.
Amendment 130 #
2016/0231(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Additional use of up to 280336 million net removals from deforested land, afforested land, managed cropland and managed grassland
Amendment 139 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. In accordance with Article 14, the European Commission will assess and report to the European Parliament and to the Council on the actual progress made as regards cost-effective reductions of non-CO2 agricultural emissions, making proposals to alter the amount of net removals that can be used from deforested land, afforested land, managed cropland and managed grassland accordingly if appropriate.
Amendment 163 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 Februaryno later than one year following the global stocktake of the Paris Agreement in 20243 and every five years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and, its contribution to the goals of the Paris Agreement, and its ambition relative to that of the other Parties to the Paris Agreement, and may make proposals if appropriate.
Amendment 166 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
In the event that a Member State withdraws from the Union under Article 50 of the Treaty on European Union after the publication of this Regulation in the Official Journal of the European Union, the Commission shall report to the European Parliament and to the Council no later than one year following the date of entry into force of the withdrawal agreement or, failing that, three years after the notification referred to in paragraph 2 of Article 50 of the Treaty on European Union, and every year thereafter, regarding the economic consequences of the withdrawal on each Member State affecting its fulfilment of its obligations under this Regulation, and make proposals if appropriate.
Amendment 167 #
2016/0231(COD)
Proposal for a regulation
Annex II
Annex II
Maximum percentage of 2005 emissions determined in accordance with Article 4(3) of this Regulation Belgium 24% Denmark 24% Ireland 48% Luxembourg 48% Malta 24% Netherlands 24% Austria 24% Finland 24% Sweden 24%
Amendment 168 #
2016/0231(COD)
Proposal for a regulation
Annex III
Annex III
Maximum amount expressed in million tonnes of CO2 equivalent Belgium 3,84,56 Bulgaria 4,192 Czech Republic 2,63,12 Denmark 14,67,52 Germany 22,36,76 Estonia 0,91,08 Ireland 26,832,16 Greece 6,78,04 Spain 29,134,92 France 58,269,84 Croatia 0,91,08 Italy 11,513,8 Cyprus 0,672 Latvia 3,172 Lithuania 6,57,8 Luxembourg 0,253 Hungary 2,152 Malta 0,036 Netherlands 13,416,08 Austria 2,53 Poland 21,726,04 Portugal 5,26,24 Romania 13,215,84 Slovenia 1,356 Slovakia 1,244 Finland 4,55,4 Sweden 4,95,88 United Kingdom 17,821,36 Maximum total: 280336
Amendment 39 #
2016/0185(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) In light of the risk posed by the harmonised capping of wholesale roaming charges on the inhibition of investment and the impact it may have on certain Member States' national markets, including the development and roll-out of very high capacity networks, and in particular the future development of 5G services and the need for a sustainable RLAH regime to be introduced before 15 June 2017, a "Universal Roaming Fund" ("URF") should be established. This URF should be managed and administered by BEREC and national regulatory authorities, and should ensure that all those actors who benefit from high-speed and high quality mobile networks and the RLAH regime also contribute reasonably and proportionately to the cost of RLAH by ensuring that the essential policies associated with the incentivisation of investment in very high capacity mobile infrastructure are not undermined. Such a mechanism should operate through the imposition, by BEREC, of maximum volume caps for various high-data content and applications. Should traffic volumes from those identified content and applications exceed that threshold, those Content and Applications Providers ("CAPs") responsible for providing those services should be required to make a financial contribution measured in euros per gigabyte where the threshold has been exceeded. All collected revenues should be pooled into a single fund whereby those visited network operators unable to fully recover their wholesale costs for providing roaming services are entitled to claim the difference for such costs on the basis of contributions from the URF.
Amendment 52 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EU) No 531/2012
Article 2 – paragraph 2 – point s a (new)
Article 2 – paragraph 2 – point s a (new)
(-1) In Article 2(2), the following point is added: “(sa) 'Content and Applications Providers' or 'CAPs' means, respectively, those providers of certain types of content and those providers of applications "over- the-top" of telecommunications services;”
Amendment 54 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Regulation (EU) No 531/2012
Article 2 – paragraph 2 – point s b (new)
Article 2 – paragraph 2 – point s b (new)
(-1a) In Article 2(2), the following point is added: “(sb) 'Universal Roaming Fund' or 'URF' means the fund managed and administered by BEREC and the national regulatory authorities which is designed to allow CAPs, where appropriate, to contribute to the wholesale costs of excessive roaming operators, while ensuring that all visited network operators are able to fully recover their wholesale costs;”
Amendment 100 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
(4a) In Article 16(1), the first subparagraph is replaced by the following: “1. National regulatory authorities and BEREC shall monitor and supervise compliance with this Regulation within their territory. and across the Union, as applicable.”
Amendment 101 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 4 b (new)
Article 1 – point 4 b (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 2
Article 16 – paragraph 2
(4b) In Article 16, paragraph 2 is replaced by the following: “2. National regulatory authorities and BEREC shall make up-to-date information on the application of this Regulation, in particular Articles 6a, 6b, 6c, 6e, 7, 9, 12 and 129a, publicly available in a manner that enables interested parties to have easy access to it.”
Amendment 102 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 4 c (new)
Article 1 – point 4 c (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
(4c) In Article 16, the following paragraph added: “6a. BEREC shall, in preparation for the review mechanism provided for in Article 19a, monitor developments in roaming traffic generated by CAPs in accordance with its administration of the Universal Roaming Fund under the terms of that Article. This shall include, among others, a maximum volume threshold imposed under Article 19a beyond which contributions by certain CAPs to the URF will be required, the applicable rate per gigabyte of volume by any one CAP over that threshold, the price per gigabyte for every gigabyte of volume a particular CAP has exceeded the maximum threshold, and the mechanism by which visited network operators can apply to the Universal Roaming Fund for cost recovery.”
Amendment 103 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 4 d (new)
Article 1 – point 4 d (new)
Regulation (EU) No 531/2012
Article 16 – paragraph 6 b (new)
Article 16 – paragraph 6 b (new)
(4d) In Article 16, the following paragraph is added: “6b. National regulatory authorities and BEREC shall have the power to require undertakings subject to obligations under this Regulation to supply all information relevant to the implementation and enforcement of this Regulation. Those undertakings shall provide such information promptly upon request and in accordance with time limits and the level of detail required by the national regulatory authority.”
Amendment 105 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EU) No 531/2012
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
(5a) In Article 17, the following paragraph is added: “2a. For the purposes of resolving any dispute that may arise in relation to the rights or obligations of any undertaking arising under Article 19a, BEREC, in collaboration with the national regulatory authorities, shall establish dispute resolution procedures equivalent to those existing under Articles 20 and 21 of the Framework Directive.”
Amendment 120 #
2016/0185(COD)
Proposal for a regulation
Article 1 –point 6 a (new)
Article 1 –point 6 a (new)
Regulation (EU) No 531/2012
Article 19 a (new)
Article 19 a (new)
Amendment 292 #
2016/0030(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency. Member States should identify and describe the details of these solidarity measures in their emergency plans, ensuring a fair and equitable compensation of the natural gas undertakingsppropriate level of compensation for natural gas undertakings that fully reflects the market value of the costs related to the interruption of supplies - including its effect on the electricity sector - resulting from implementation of Article 12, and should disincentive recourse to the solidarity mechanism as anything but a measure of last-resort.
Amendment 393 #
2016/0030(COD)
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 469 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. TheEach competent authorities of each region as listed in Annex I shall jointly make an assessment at regional levely shall make an assessment of all risks affecting the security of gas supply. The assessment shall take into account all relevant risks such as natural disasters, technological, commercial, social, political and other risks. The risk assessment shall be carried out by:
Amendment 477 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) using the standards specified in Articles 4 and 5. The risk assessment shall describe the calculation of the N – 1 formula at national level and include a calculation of the N-1 formula at regional level. The risk assessment shall also include the assumptions used, including those for the calculation of the N – 1 formula at regional level. The risk assessment shall also include the assumptions used, and the data necessary for such calculation. The calculation of the N-1 formula at national level shallcould be accompanied by a simulation of the disruption of the single largest infrastructure using a hydraulic model as well as a calculation of the N-1 formula considering the level of gas in storages at 30% and 100% of the total capacity;
Amendment 494 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 498 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 499 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The risk assessment shall be prepared in accordance withbased on the template in Annex IV. The Commission shall be empowerIf warranted, to adopt delegated acts in accordance with Article 18 to amend those templathe templates can be adapted to particular circumstances.
Amendment 506 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The risk assessment once agreed by all Member States in the region shall be notified to the Commission for the first time no later than on 1 September 2018. The risk assessment shall be updated every four years unless circumstances warrant more frequent updates. The risk assessment shall take account of progress made in investments needed to cope with the infrastructure standard defined in Article 4 and of country-specific difficulties encountered in the implementation of new alternative solutions. It shall also build on the experience acquired through the simulation of the emergency plans contained in Article 9 (2).
Amendment 513 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. By 1 November 2017 ENTSO for Gas shall carry out a Union wide simulation of supply and infrastructure disruption scenarios. The scenariosENTSO for Gas shall lay out the methodology to be used for the simulation in a transparent manner and discuss it with the gas coordination group. The scenarios and the methodology shall be defined by ENTSO for Gas in consultoperation with the Gas Coordination Group. The competent authorities shall provide ENTSO for Gas with the necessary data for the simulations such as peak demand values, production capacity and demand side measures. The competent authorities shall take into account the results of the simulations for the preparation of the risk assessments, preventive action plans and emergency plans. The Union-wide simulation of supply and infrastructure disruption scenarios shall be updated every four years unless circumstances warrant more frequent updates.
Amendment 522 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The competent authorities of the Member States of each region as listed in Annex Iy, after consulting the natural gas undertakings, the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, and the national regulatory authoritiesy, where they areit is not the competent authoritiesy, shall establish jointlywithout prejudice of paragraph 2 establish at national level:
Amendment 527 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a preventive action plan containing the measures to be adoptneeded to remove or mitigate the risks identified in the region, including risks of purely national dimensionat national or broader level, in accordance with the risk assessment undertaken pursuant to Article 6 and in accordance with Article 8; and
Amendment 533 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) an emergency plan containing the measures to be taken to remove or mitigate the impact of a gas supply disruption in the region, including events of purely national dimension, in accordance with Article 9.
Amendment 544 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preventive action plan and the emergency plan shall be developed in accordance withbased on the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates. Before adopting a preventive action plan and emergency plan at national level, the Competent authorities which have carried out a joint risk analysis and Competent authorities of neighbouring countries shall consult each other with a view to ensuring that their plans are consistent.
Amendment 547 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The preventive action plans and emergency plans shall be adopted by all Member States in the region, made public and notified to the Commission no later than on 1 March 2019. Such notification shall take place once the plans have been adopted by all Member States in the region. The Commission shall inform the Gas Coordination Group about the notification of the plans and publish them on the Commission website. If requested by a Member state, the Commission should made available a courtesy translation in a European working language.
Amendment 571 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
In the event of disagreement, the Commission may, within three2 months of the reply of the cCompetent aAuthorities, take a decy, decide to amend or withdraw its request. If the Commission requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the planmaintains its request, the Competent Authority concerned shall amend the plan within 2 months of the notification of the Commission's decision, taking utmost account of the Commission's recommendations, and shall notify it to the Commission. The Commission shall inform the Gas Coordination Group and duly take into account their recommendations when drafting its opinion on the amended plan, which shall be delivered within three2 months of the notification of Commission decisiothe Competent Authority. The Competent Authority concerned shall take utmost account of the Commission's opinion and within 2 months of receipt of the Commission's opinion shall adopt and make public the resulting amended plan.
Amendment 575 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the definition of protected customers in each Member State of the region and the information described in the second subparagraph of Article 5(1);
Amendment 583 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the measures, volumes and capacities needed to fulfil the infrastructure and supply standards in each Member State of the region, as laid down in Articles 4 and 5, including where applicable, the extent to which demand- side measures can sufficiently compensate, in a timely manner, for a supply disruption as referred to in Article 4(2), the identification of the single largest gas infrastructure of common interest in the case of application of Article 4(3), the necessary gas volumes per category of protected customers and per scenario as referred to in Article 5(1) and any increased supply standard under Article 5(2), including a justification of the compliance with the conditions set in Article 5(2) and a description of a mechanism to temporarily reduce any increased supply standard or additional obligation in accordance with Article 12;
Amendment 589 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
Amendment 592 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
Amendment 595 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
Amendment 606 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 621 #
2016/0030(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 685 #
2016/0030(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1 and where the market is unable to provide gas, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extent necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.
Amendment 703 #
2016/0030(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The technical, legal and finanPrior to the application of paragraph 3, the technical, legal, financial and commercial arrangements for the application of paragraph 3 shall be agreed among the Member States which are directly connected to each other and described in the emergency plans of their respective regions. Such arrangements maywill cover, among others, gas prices to be applied at a level that fully reflect the losses to gas undertakings in the functioning market, use of interconnectors, including bi-directional capacity, gas volumes and the coverage of compensation costs. Market-based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3. In case the technical, legal and, financial and commercial arrangements necessary to apply paragraph 3 are amended, the relevant emergency plan shall be updated accordingly.
Amendment 722 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. In duly justified circumstances irrespective of a declaration of emergency, the competent authority may require gas undertakings to provide the information referred to in paragraph 1 or additional information necessary to assess the overall situation of the gas supply in the Member State or other Member States, including contractual information subject to such a request not duplicating information provisions obligations that natural gas undertakings may already have at a Member State or EU level. The Commission may request from the competent authorities the information provided by natural gas undertakings.
Amendment 751 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 800 #
2016/0030(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 830 #
2016/0030(COD)
Proposal for a regulation
Annex IV – introductory part
Annex IV – introductory part
Amendment 831 #
Amendment 832 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 1 – point 1.1
Annex IV – point 1 – point 1.1
Amendment 840 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 1 – point 1.2 a (new)
Annex IV – point 1 – point 1.2 a (new)
1.2a. Findings of the different risk analyse in which the Member State has been involved.
Amendment 841 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 2 – point 2.1
Annex IV – point 2 – point 2.1
Amendment 842 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 2 – point 2.2 – title
Annex IV – point 2 – point 2.2 – title
2.2. National level (to be described per Member State in the region)
Amendment 843 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 2 – point 2.2 – point b – point 3
Annex IV – point 2 – point 2.2 – point b – point 3
(3) Indicate interconnection points where an exemption has been granted in accordance with Article 4(4), the duration of the exemption and the grounds on which it was granted
Amendment 845 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 3 – point 3.1
Annex IV – point 3 – point 3.1
Amendment 846 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 3 – point 3.2 – title
Annex IV – point 3 – point 3.2 – title
3.2. National level (to the extent relevant)
Amendment 847 #
2016/0030(COD)
Proposal for a regulation
Annex IV – point 3 – point 3.2 a (new)
Annex IV – point 3 – point 3.2 a (new)
3.2a. Findings of joint risk analysis.
Amendment 848 #
2016/0030(COD)
Proposal for a regulation
Annex V – introductory part
Annex V – introductory part
Amendment 849 #
Amendment 850 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 1 – point 1.1
Annex V – point 1 – point 1.1
Amendment 857 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 3 – point 3.1
Annex V – point 3 – point 3.1
Amendment 858 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 4 – introductory part
Annex V – point 4 – introductory part
Please describe here, per Member State, the measures adopted in order to comply with the supply standard as well as with any increased supply standard or additional obligation imposed for reasons of security of gas supply:
Amendment 859 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 4 – point d – point 5
Annex V – point 4 – point d – point 5
Amendment 860 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 4 – point d – point 6
Annex V – point 4 – point d – point 6
Amendment 861 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 4 – point d – point 7
Annex V – point 4 – point d – point 7
Amendment 862 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 4 – point e – point 2
Annex V – point 4 – point e – point 2
Amendment 863 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 4 – point e – point 3
Annex V – point 4 – point e – point 3
Amendment 866 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 5 – point a – point 1
Annex V – point 5 – point a – point 1
Amendment 873 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 5 –point c
Annex V – point 5 –point c
Amendment 874 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 9 – point a
Annex V – point 9 – point a
(a) Describe the mechanisms used for the cooperation among the Member States in the region, including for preparing and implementing this preventive action plan and the emergency plan and Article 12
Amendment 875 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 9 – point b
Annex V – point 9 – point b
Amendment 876 #
2016/0030(COD)
Proposal for a regulation
Annex V – point 11
Annex V – point 11
Amendment 877 #
2016/0030(COD)
Proposal for a regulation
Annex V – template – indent 1
Annex V – template – indent 1
Amendment 878 #
2016/0030(COD)
Proposal for a regulation
Annex V – template– point 1 – point a
Annex V – template– point 1 – point a
(a) Per Member State, iIndicate the body responsible for the declaration of each crisis level and the procedures to follow in each case for such declarations.
Amendment 879 #
2016/0030(COD)
Proposal for a regulation
Annex V – template – point 2 – title
Annex V – template – point 2 – title
2. Measures to be adopted per crisis level 33 __________________ 33Include regional and national measures
Amendment 880 #
2016/0030(COD)
Proposal for a regulation
Annex V – template – point 6 – point a
Annex V – template – point 6 – point a
Amendment 881 #
2016/0030(COD)
Proposal for a regulation
Annex V – template – point 6 – point b
Annex V – template – point 6 – point b
(b) Describe the mechanisms in place to cooperate with other Member States out of the region and to coordinate actions for each crisis level
Amendment 882 #
2016/0030(COD)
Proposal for a regulation
Annex V – template – point 7 – point a
Annex V – template – point 7 – point a
(a) Describe the agreed arrangements among Member States within the region to ensure the application of the solidarity principle referred to in Article 12
Amendment 883 #
2016/0030(COD)
Proposal for a regulation
Annex V – template – point 7 – point b
Annex V – template – point 7 – point b
Amendment 886 #
2016/0030(COD)
Proposal for a regulation
Annex VI – point 2
Annex VI – point 2
2. One pPeer review team per regions shall be established. Each peer review team shall be composed of maximum five competent authorities and ENTSO for Gas, each represented by one person, and, as an observer, the Commission. The Commission shall select the representatives of competent authorities and ENTSO for Gas in the peer review teams, taking into account geographical balance and including at least one. All competent authorityies from a neighbouring Member States have the possibility to be presented by one person in the peer review team. Members of the peer review team shall not belong to any competent authority or other bodies or associations having participated in the preparation of the plans subject to the peer review.
Amendment 888 #
2016/0030(COD)
Proposal for a regulation
Annex VI – point 4
Annex VI – point 4
4. Taking into account the peer review report, the Gas Coordination Group shall discuss the preventive action plans and emergency plans with a view to ensure the coherence among the different regions andin the Union as a whole.
Amendment 74 #
2015/2344(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, following real convergence in the run-up to the introduction of the common currency, the euro area witnessed structural divergence between 1999 and 2009, which made the euro area as a whole less resilient to shocks; whereas regulatory adjustments and structural reforms aimed at reducing risks and improving convergence have been introduced since 2009 at both European and national level, but some euro area Member States still require solidarity and sustainable reforms in their catching- up process; re has been no process of real convergence among the countries that adopted the euro between 1999 and 2009, due to the fact that some countries did not sufficiently reform to improve their productivity and competitiveness, but increased public spending without investing in a sustainable manner; whereas the causes of structural divergence between euro area Member States were numerous: convergence of government bond yields led to an artificially low level of interest rates, which disclosed discrepancies in competitiveness between countries and eliminated incentives to reform, improve competitiveness and budget responsibly; whereas low interest rates triggered irresponsible behaviour on the part of some euro countries, which took advantage of the free rider effect of low interest rates and increased salaries and public expenditure without simultaneously increasing productivity, and therefore worsened the competitiveness of their economies; whereas not respecting and enforcing the rules of the SGP left several euro countries without fiscal margins to counter the crisis, in addition to macroeconomic imbalances accumulating inside several euro countries over decades, both being crucial elements leading to the sovereign debt crisis; whereas weak institutions, structural rigidities, weak productivity growth and insufficient policies to address asset price booms made the euro area as a whole less resilient to shocks; whereas economic mismanagement at national level was a reason for the worsening of the crisis, not the euro as a currency; whereas regulatory adjustments and structural reforms aimed at reducing risks and improving convergence have been introduced since 2009 at both European and national level, but several factors still appear crucial for ensuring real convergence in the EMU, such as macroeconomic stability, sound fiscal policy, a high degree of flexibility in product and labour markets, favourable conditions for an efficient use of capital and labour in the economy, supporting total factor productivity growth, economic integration within the euro area, and a more active use of national policy tools to prevent asset price and credit boom-bust cycles; whereas some euro area Member States still require solidarity and sustainable reforms in their catching-up process, provided by the European Union through European structural and investment funds to foster convergence in addition to the implementation of instruments during the crisis, which prevented the collapse of the economy, in an effort of securing jobs, fostering investment and growth as well as safeguarding the savings of citizens;
Amendment 88 #
2015/2344(INI)
Motion for a resolution
Recital G
Recital G
G. whereas substantial progress has been achieved in addressing the flaws ofimproving and strengthening the governance of the EMU through legislation such as the Six-Pack and the Two-Pack regulations, as well as through the introduction of the European Semester and the creation of new instruments such as the ESM, the Treaty on Stability, Coordination and Governance (TSCG) including the Fiscal Compact and the Euro-Plus Pact, thereby making the EMU more resilient against possible shocks in the future, however, these instruments cannot fulfil their function if they are not enforced;
Amendment 86 #
2015/2323(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the aim of the Third Energy Package to provide a truly competitive and consumer-friendly retail energy market has not yet been realised, as evidenced by low levels of consumer switching and satisfaction across the EU, the persistent high levels of market concentration, in some Member States and the failure to reflect falling wholesale costs in retail prices as a result of a continuous increase in the number of price supplements imposed by the state;
Amendment 121 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
a. Recommends improving the transparency and clarity of bills, which should include information on the final price, with an explanation of the different taxes, levies and tariffs, together with information on the different energy sources and complaint handling, clear indication of contact points, and information on switching and energy efficiency measures; insists that clear language must be used, with technical terms either avoided or clearly explained; requests the Commission to identify minimum standards in this respect;
Amendment 131 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
Amendment 167 #
2015/2323(INI)
Motion for a resolution
Paragraph 6 – point e
Paragraph 6 – point e
Amendment 215 #
2015/2323(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that collective switching schemes and campaigns should be promotedthe supply of information on switching can be promoted through campaigns in order to help consumers find a better deal; emphasises that such schemecampaigns must be independent, trustworthy, comprehensive and inclusive, reaching those who are less engaged; suggests that local authorities, regulators and consumer organisations and other not- for-profit organisations are well placed to fulfil this role, and that support from European funds for such activities should be consideredin a position to fulfil this role;
Amendment 324 #
2015/2323(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should have easy and timely access to their consumption data in both volume and monetary terms, to help them make informed decisions; believes that where smart meters are rolled out there should be a solid legal framework to ensure an end to back-billing and a rollout that is efficient and affordable for consumers and is free of charge for energy-poor consumers; insists that efficiency savings from smart meters should be shared on a fair basis between grid operators and users;
Amendment 372 #
2015/2323(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 436 #
2015/2323(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 170 #
2015/2322(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that it makes sense to step up cooperation between regions under the leadership of ACER, though without the Member States abandoning responsibility for security of supply;
Amendment 253 #
2015/2322(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that network expansion in particular is indispensable with a view to completing the internal market in electricity with a growing share of renewables; regrets that there are still large gaps in the interconnections between Member States, leading to network bottlenecks and significantly impairing cross-border energy trading; calls for the electricity interconnection objectives to be differentiated by region and aligned with the ENTSO-E ten-year network plan. To this effect, it is also of significant importance to counteract the uncoordinated loop flows, especially in the CEE region;
Amendment 420 #
2015/2322(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Supports the EU’s goal of increasing the share of renewables to 3027%; notes, however, that the permanent national subsidising of renewables is outdated, since it needlessly distorts the EU internal energy market, and that renewables too must react to market signals in this new energy system, since otherwise market signals for all electricity producers will be heightened disproportionately;
Amendment 441 #
2015/2322(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that the Member States must meet specific quantitative objectives for the share of renewables in energy consumption, irrespective of the market situation, and therefore stresses the importance of promoting renewables in a wayharmonised way through policies such as tradable green certificates that focuses on competition and cost efficiency; therefore regards the promotion of investment as more compatible with the market than feed-in priorities and fixed prices;
Amendment 466 #
2015/2322(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to launch a study into new and cost-effective market designs with a view to ensuring that consumers receive reasonably priced electricity and to preventing carbon leakage;
Amendment 481 #
2015/2322(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls, with the subsidiarity principle in mind, for coordinated action by Member States, starting at regional level, in connection with the further expansion of renewables, in order to boost the economic efficiency of the energy market; calls on the Commission to work towards a harmonised European framework for the promotion of renewables;
Amendment 509 #
2015/2322(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view that, for a medium- term transitional period, national responsibility for the energy mix cannot be questioned and therefore that both nuclear power, which is largely CO2-neutral, and the use of national energy reserves together with high-efficiency gas-fired power stations and coal-fired electricity generation using the latest technology, can make vital contributions to the integration of renewables;
Amendment 79 #
2015/2232(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to review the EED in order to allow Member States to opt for more flexible and cost-efficient means to implement the directive;
Amendment 102 #
2015/2232(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the calculation rules for energy savings and interpretations for eligible measures, as set out in the annexes of the directive, are too complicated, and therefore impossible to follow precisely. Calls on the Commission to ensure that the review of the EED will provide a radically simpler method for calculating energy efficiency. Calls on the Commission to consider proposing new delegated acts that will simplify the calculation methods of the current directive;
Amendment 204 #
2015/2232(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Wonders whether product-based approaches to regulation (eco-design directive, labelling) and the imposition of requirements on enterprises (obligation on the part of energy suppliers to make savings) could not in fact be replaced by a label which certifies that a product has been tested in respect of safety, energy efficiency and conformity with circular economy principles; calls on the Commission to deliver an opinion as to whether a label of this kind could be used to consolidate a large proportion of the EU's legislative provisions on energy and the circular economy;
Amendment 207 #
2015/2232(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Notes that, when the efficiency targets under this directive are set, due account must be taken of the progress made in implementing the measures provided for in the directives on the energy performance of buildings, eco- design and renewable energy sources and that these targets must not have an adverse impact on emissions trading;
Amendment 226 #
2015/2232(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the positive impact that certification schemes or saving obligations (Article 7) are having in many Member States; considers the flexibility of the rules to be a major factor in guaranteeing their acceptance; asks that the calculation of certification schemes and energy-saving measures should not be hampered by overly restrictive interpretations and time limits; insists that measures which are taken before 2020 but continue to apply after 2020 must count towards the 2030 target set in the new directive;
Amendment 227 #
2015/2232(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the positive impact that certification schemes or saving obligations (Article 7) are having in many Member States; considers the flexibility of the rules to be a major factor in guaranteeing their acceptance; asks that the calculation of certification schemes and energy-saving measures should not be hampered by overly restrictive interpretations and time limits and that account should be taken of the scope for making primary energy savings through the use of cogeneration;
Amendment 230 #
2015/2232(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Deplores the fact that more and more frequently energy suppliers are only able to meet their saving obligations vis-à-vis their customers by concluding combined works and service contracts, which is increasingly giving rise to EU-wide tendering procedures; deplores, further, the fact that these standardised arrangements are undermining skilled trades at regional level and making it more difficult to develop tailor-made, innovative and energy-saving solutions for final consumers; calls for alternatives to the saving obligation for energy companies to be retained;
Amendment 248 #
2015/2232(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges that saving obligations should not act as a brake on growth, in particular in Member States where the economic outlook is good; calls, therefore, in the context of strong GDP growth, for the efficiency target (energy intensity per product unit) to take priority over the savings target (Article 3 EED);
Amendment 251 #
2015/2232(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls in this connection for the Energy Efficiency Directive to be adapted in line with the EU’s climate protection targets for 2030, and emphasises that this should not lead to system change, but that the aim of the revision of the directive must instead be to develop existing measures further where this makes sense and to do away with contradictory provisions;
Amendment 303 #
2015/2232(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Points out, in the context of energy audits, that the definition of SME applicable under the Energy Efficiency Directive should be based solely on number of employees and annual turnover and not, as at present, on shareholding and ownership patterns, given that, under the current rules, energy audits are compulsory even for the smallest enterprise as soon as a new shareholder acquires a stake of more than 25% in the enterprise; calls, therefore, for the definition of SME in Article 2 to be revised or for the introduction of a de minimis threshold for the conduct of the audits provided for in Article 8(4), in order not to impose unnecessary burdens on SMEs;
Amendment 306 #
2015/2232(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that the Commission is working on guidelines for the implementation of Articles 9 to 11 of the Energy Efficiency Directive; considers cost transparenctechnical feasibility – taking account of cost- effectiveness and technical feasibilitcost transparency – to be a prerequisite for energy saving; sees, in principle, no need for a revision of these articles, and takes the view that this topic could potentially be included in the Buildings Directive;
Amendment 320 #
2015/2232(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for existing restrictions on access to investment support for energy suppliers acting as service providers to be done away with;
Amendment 321 #
2015/2232(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that contracting is a suitable market-based instrument for the financing of investment in energy efficiency;
Amendment 124 #
2015/2147(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a high, uniform level of consumer protection and satisfaction necessarily entails choice, flexibility, information and trust in a secure online environment;
Amendment 134 #
2015/2147(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a sophisticated network infrastructure is the basis and the prerequisite for a flourishing digital economy, and whereas there is much less investment in the development of digital infrastructure in Europe than in other parts of the world;
Amendment 379 #
2015/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s initiative to improve the legal protection of consumers as regards intangible digital content; points out that while consumers buying tangible digital content are protected by consumer protection laws, consumer rights when buying intangible digital content remain largely unregulated; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase digital content online or offline and of whether they purchase material or non-material goods;
Amendment 549 #
Amendment 553 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending and material and non-material goods which can be acquired on line, in particular by analysing and, if necessary, ending unjustified geo- blocking practices and unfair price discrimination based on geographical location; notes at the same time that there are major differences in economic strength and price levels between EU Member States;
Amendment 614 #
2015/2147(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducing changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable re-routing and territorial restrictionsrestrictions of unjustified geo-blocking infringe the rules of EU competition law;
Amendment 620 #
2015/2147(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that greater scope should be created for the portability of content and services which have been acquired lawfully on the internet and paid for;
Amendment 639 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remaining the main driver of infrastructure investments, innovation, affordable prices and choices for consumers; considers that little evidence exists, in the still fragmented European telalls on the Commission to improve investment conditions in the field of network infrastructure and to revise the recommunicendations market, of a link between consolidation of operators and increased investment inand rules in this field in such a way as to promote investment and expansion of the networks;
Amendment 713 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition; stresses the need for a simplified and harmonised legal framework that embraces, on an equal footing, all service providers and providers of electronic telecommunications services;
Amendment 740 #
2015/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls as a priorityfor an examination of the need for a harmonised framework for spectrum allocation to boost long-term infrastructure investmentsand for harmonisation to be promoted only in the light of national competences and cultural diversity;
Amendment 763 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 19 #
2015/2113(INI)
Motion for a resolution
Recital A
Recital A
A. whereas defining the energy mix of Member States is an exclusive national competence, and therefore energy mixes remain highly diversified;
Amendment 32 #
2015/2113(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Member States are exclusively competent for defining their energy mix, and the Commission must not encroach upon this competence by passingshould ensure that EU laws thado not discriminate against certain energy resources to the advantage of others;
Amendment 166 #
2015/2113(INI)
Motion for a resolution
Recital P
Recital P
P. whereas 30 million European jobs are at risk owing to the US shale gas boom, as energy-intensive industries move operations to the US, where energy costs are far lower and where regulation of greenhouse gas emissions is less restrictive;
Amendment 179 #
2015/2113(INI)
Motion for a resolution
Recital R
Recital R
R. whereas EU companies have a share of 40 % of all patents for renewable technologies, which makes it a global leader as regards investmentnovation in renewable energy;
Amendment 251 #
Amendment 297 #
2015/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that well-developed and fully integrated infrastructure allowing for enhanced diversification of supplies and cross-border flows is vital for ensuring security of supply both in normal and emergency conditions and for delivering energy from competitive sources to consumers across the European Union and Energy Community;
Amendment 321 #
2015/2113(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, in the context of the future Energy Union, security of energy supply isand competitiveness are the most pressing issues and that Member States must coordinate and cooperate in this respect with their neighbours when developing their energy policies; calls on the Commission, in this respect, to examine how the current architecture of national preventive and emergency response measures could be streamlined at both regional and EU level;
Amendment 349 #
2015/2113(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to support those EU Member States and on the Energy Community Secretariat to support those Energy Community Contracting Parties that wish to negotiate energy contracts on a voluntary basis by introducing a common negotiating mechanism, and stresses that the functioning of such a mechanism must be subject to compliance with the EU internal market acquis and with EU competition and World Trade Organisation rules;
Amendment 395 #
2015/2113(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that in order to ensure a level playing field and strengthen the bargaining position of EU companies vis-à-vis external suppliers, key features of the contracts should be aggregated and regularly published so as to establish a transparent benchmark which can be referred tocreate transparency that can be utilized by competent authorities and companies in their future negotiations, whilst protecting the confidentiality of sensitive information and ensuring compliance with EU competition law;
Amendment 407 #
2015/2113(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to estapublish an EU-wide target for reducing energy import dependency and to publish regular progress reports in this respectregular progress reports on energy import dependency;
Amendment 493 #
2015/2113(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission, and in particular DG TRADE, to comaintainue to press for a dedicated the goal of dedicating a separate energy chapter within the Transatlantic Trade and Investment Partnership (TTIP), with a view to removing US export restrictions on both crude oil and liquefied natural gas (LNG) and eliminating protectionist measures;
Amendment 501 #
2015/2113(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission and the Member States to strengthen the Energy Community through, inter alia, better implementation and enforcement of EU law, enhancing its institutions and implementing key infrastructure projects, such as cross-border bidirectional interconnectors, in order to ensure better integration with the EU energy market and security of supply mechanisms;
Amendment 513 #
2015/2113(INI)
Motion for a resolution
Subheading 2
Subheading 2
Amendment 530 #
2015/2113(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Points out the importance of a flexible and dynamic internal energy market that ensures competitive and affordable energy prices for consumers that could be achieved through enhanced competition on the market, alleviation of excessive regulatory obligations and by addressing insufficient demand and supply flexibility;
Amendment 532 #
2015/2113(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the backbone of the future Energy Union must be a fully functioning internal energy market that delivers secure, competitive and sustainable energy to enable EU companies and consumers to access gas and electricity in the most efficient and cost-effective way possible, and calls on Member States to fully implement existing legislation on the internal energy market, particularly the Third Internal Energy Market Package;
Amendment 559 #
2015/2113(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that ensuring low energy prices for the final consumer is necessary to maintain the competitiveness of European industry, to create more jobs and to ensure economic growth;
Amendment 577 #
2015/2113(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes at the same time that market- based mechanisms must be complemented by tangible and ambitious solidarity mechanisms, such as more efficient EU regional and EU level crisis management, better use of LNG and gas storage and virtual capacity reserve mechanisms to be enshrinto be reflected in EU legislation, including the Security of Gas Supply Regulation, which, to this end, must be reviewed as soon as possible;
Amendment 649 #
2015/2113(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States and the Commission to concentrate their efforts on driving projects of common interest (PCIs) forward and provide thorough evaluation and follow-up mechanism, with a view to achieving a pan- European ‘super grid' with the capacity to transmit power across EU countries from multiple sources and therefore capable of diverting energy from surplus to deficit areas, thereby allowing the market to instantly respond to interruptionshortages of supply wherever they occur;
Amendment 662 #
2015/2113(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Stresses the importance of ensuring a sound, stable and predictable regulatory framework which will enable long-term commitments and which is necessary to deliver new investments in energy infrastructure;
Amendment 675 #
2015/2113(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports regional approaches where there are particular regional challenges or opportunities, or where acting regionally could speed up market integration, including through the creationfurther development of regional hubs to enhance market liquidity, primarily in the CEE region; recognises the important role of power exchanges in fostering liquid, transparent and secure energy trading;
Amendment 762 #
2015/2113(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Observes that excessively rigid energy efficiency requirements may lead to heavy financial burdens, particularly on private home owners and social housing providers;
Amendment 818 #
2015/2113(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that a cautious revision of existing energy efficiency legislation, including the Energy Performance of Buildings Directive and the Energy Efficiency Directive, is needed in order not to undermine national policies already in place which operate within the 2020 climate and energy framework; calls on the Commission to review the EU energy- efficiency legislation by no sooner than 2018;
Amendment 833 #
2015/2113(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Calls on the Commission to pursue a balanced approach on Eco-design measures which in the past have contributed to a growing public scepticism towards regulation at European level; they should be based on their energy saving potential and on market relevance and must not interfere with citizens' behavioural habits; supports clear energy labelling to give consumers a choice;
Amendment 887 #
2015/2113(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Endorses the Commission's ambition to make the EU a world leader in renewable energy technologies and actively promoting an increased use of RES at Member State level even beyond the EU objectives, as RES are among the most effective ways to reduce dependency on fossil fuels, to address our import dependence and contribute to a low carbon economy while taking into account that RES can contribute to the creation of jobs and new business opportunities. Calls on the Commission to work towards European RES support schemes criteria, and calls on Member States to adjust their subsidy schemes according to these European criteria to maximize the intra-EU trade in renewable electricity, to allow the use of these resources across the EU where they are most effective, and with a view to achieving a harmonised EU support system in the long run. Reminds that subsidies for mature RES technologies should be gradually phased out.
Amendment 912 #
2015/2113(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses, however, that the EU must employ a technology-neutral approach to decarbonising our energy systems, adopting strategies for using and promoting not only renewable energy sources but also other low-emission sources of energy; calls on the Commission, in this respect, to revise its Energy and Environmental State Aid Guidelines in a way which will provide for an equitable treatment of energy production from different energy sourcescarbon sources of energy;
Amendment 934 #
2015/2113(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that decarbonisation which is not pursued through a technology-neutral approach could result in a drastic increase in energy costs in some Member States, which would lead to energy poverty, deindustrialisation of the European economy and a subsequent rise in unemployment; stresses that ithe EU therefore needs to be a sovereign decision of each Member State on how to decarbonise its economrequires harmonized EU-wide and at the same time market based and technology neutral policies, which deliver on objectives at the lowest cost to society;
Amendment 937 #
2015/2113(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Calls on the European Commission to safeguard the competitiveness of the energy intensive industries by taking into account both direct and indirect carbon costs and changing production levels thus ensuring long term planning security for industrial investments.
Amendment 959 #
2015/2113(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Recognises that indigenous energy sources such as, nuclear, clean coal technologies and fossil fuels with carbon capture and storage (CCS) would make a fundamental contribution to EU energy security and decarbonisation, with shale gas and other gases such as coal bed methane facilitating the transition to a low- emissicarbon economy; believes, in this respect, that the Energy Union must reflect the need for the EU to use all low and lower emission sources at Member States' disposal;
Amendment 1017 #
2015/2113(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 1052 #
2015/2113(INI)
Motion for a resolution
Subheading 5
Subheading 5
Research and Development, Innovation and Competitiveness
Amendment 1059 #
2015/2113(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls on the Commission to intensify its research efforts regarding the better use of Europe's indigenous resources, both conventional and unconventional, to further develop the new generation of flexible renewable energy technologies, such as geothermal, biomass, solar- thermal electricity, and ocean energy technologies, as well as to improve the flexibility of their electricity production, in particular through the Horizon 2020 programme;
Amendment 14 #
2015/2112(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance of an effective, binding global agreement to be reached at the Paris Conference and points out that continued absence of such an agreement will not only further endanger the competitiveness of EU's economy and expose it to the risk of carbon leakage but will also put in question the EU's far-reaching and ambitious unilateral commitments in the area of GHG emissions reduction; calls on the Commission and Member States to review the EU's emission targets should COP21 fail to produce a binding global agreement;
Amendment 29 #
2015/2074(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that funding for research should be focused on areas in which the greatest added value can be achieved and that improving energy efficiency should therefore be one of the priorities for European research;
Amendment 43 #
2015/2074(BUD)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 12 #
2015/2041(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the adequate representation of different interests in the legislation process represents a significant source of information for Members and is crucial for the properly functioning of pluralistic societies;
Amendment 64 #
2015/2041(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 119 #
2015/2041(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls the position of the EP adopted in the Gualtieri report on the modification of the interinstitutional agreement on the Transparency Register(2014/2010(ACI)), with regard to professional organisations, and their readiness to work in partnership to ensure that, in the interest of their profession the withholding of information is confined exclusively to what the legislation objectively permits;
Amendment 180 #
2015/2041(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 190 #
2015/2041(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 223 #
2015/2041(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 243 #
2015/2041(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 257 #
2015/2041(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 343 #
2015/2041(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Believes, therefore, that preparatory meetings within the Council should be as public as meetings of Parliament’s committepossible, while taking into consideration reasonable need for confidentiality during the negotiations between Member States;
Amendment 347 #
2015/2041(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 415 #
2015/2041(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Believes that decisions taken or prepared in the Eurogroup, in the Economic and Financial Committee, ‘"informal’" Ecofin Council meetings and Euro summits must becomehave to be as transparent and accountas possible, fincluding through the publication of their minutesa right balance between desirable transparency and necessary data protection;
Amendment 274 #
2015/0277(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The essential requirements concerning environmental compatibility of the designvelopment of aeronautical products should address both aircraft noise as well as emissions, and allow the Union to set detailed technical standards which are necessary to protect the environment and human health from harmful effects of aviation operations. Those requirements should be based onin compliance with the standards and recommended practices set by the Chicago Convention.
Amendment 276 #
2015/0277(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 305 #
2015/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Under the institutional system of the Union, implementation of Union law is primarily the responsibility of the Member States. Certification, oversight and enforcement tasks required by this Regulation, and by the delegated and implementing acts adopted on the basis thereof, should therefore in principle be carried out at national level by one or more competent authorities of the Member States. In certain clearly defined cases, however, the Agency should also be empowered to conduct those tasks as specified in this Regulation. In thosewell-defined cases the Agency should also be allowed to take the necessary measures related to the operation of aircraft, the qualification of aircrew or the use of third-country aircraft, where this is the best means to ensure uniformity and facilitate the functioning of the internal market.
Amendment 317 #
2015/0277(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Having regard to the existing interdependencies between safety and security in civil aviation, the Agency should take part in the cooperation concerning the area of aviation security, including cyber-security. It should contribute its expertise to the implementation, by the Commission and by Member States, of Union rules in that area.
Amendment 332 #
2015/0277(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to guarantee the full autonomy and independence of the Agency, it should be granted an autonomous budget principally funded from a contribution from the Union and from fees and charges paid by the users of the European aviation safety system. Any financial contribution received by the Agency from Member States, third countries, or other entities or persons should not compromise its independence and impartiality. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the European Union are concerned, while the auditing of accounts should be carried out by the Court of Auditors. In order to enable the Agency to participate in all relevant future projects, it should be provided with the possibility to receive grants. The revenue of the Agency should include charges paid in accordance with Regulation (EU) No XXXX/XXXX on the implementation of the Single European Sky, so as to reflect the 'user pays' principle.
Amendment 379 #
2015/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) the design, production, maintenance and operation of aerodrome equipment used or intended for use at the aerodromes referred to in point (e) and the provision of ground handling services and apron management services at those aerodromesprovision of apron management services used or intended for use at the aerodromes referred to in (e) ;
Amendment 400 #
2015/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
Amendment 404 #
2015/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘commercial air transport’ (CAT) means an aircraft operation to transport passengers, cargo or mail for remuneration or other valuable consideration between two different aerodromes; whereas CAT A means transportation in regular scheduled services and/or Mass transport CAT N means transportation in non- regular, non-scheduled, non-mass transport: (SME)
Amendment 439 #
2015/0277(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) ensuring the distinction between regulatory tasks and service activities;
Amendment 467 #
2015/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The designvelopment of a product shall be subject to certification and shall be issued with a type certificate. Changes to that type certificate shall also be subject to certification and shall be issued with a certificate of changes, including supplemental type certificates. Repair designs shall be subject to certification and shall be issued with an approval.
Amendment 468 #
2015/0277(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
That type certificate, that certificate of changes and that approval of repair designs shall be issued upon application when the applicant has demonstrated that the designvelopment of the product complies with the type- certification basis established in accordance with the delegated act referred to in Article 18(1)(a)(i) and that the design of the product has no feature or characteristic making it environmentally incompatible or unsafe forit can be safely operationed.
Amendment 469 #
2015/0277(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
That type certificate, that certificate of changes and that approval of repair design may be also issued without such application, by an organisation approved in accordance with Article 15 which has been granted the privilege to issue those certificates or approvals in accordance with the delegated act referred to in Article 18(1)(k), when that organisation has determined that the designvelopment of the product complies with the conditions established in the second subparagraph.
Amendment 470 #
2015/0277(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
No separate type certificate shall be required for the designvelopment of engines and propellers that have been certified as part of the designvelopment of an aircraft in accordance with this Article.
Amendment 537 #
2015/0277(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Aerodromes, aerodrome equipment, the operation of aerodromes and the provision of ground handling services and apron management services at aerodromes shall comply with the essential requirements set out in Annex VII; and, if applicable, Annex VIII. ; it is not the purpose or objective of the essential requirements to alter the division of responsibilities in Member States; in the event of the incorrect implementation of the measures by third parties they shall have no effect on the liability of the airport operator; whose responsibilities are set out in the operator certificate issued by the competent authority;
Amendment 547 #
2015/0277(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 570 #
2015/0277(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Organisations responsible for the provision of ground handling services and apron management services at aerodromes subject to this Regulation shall declare their capability and the availability of the means to discharge the responsibilities associated with the services provided in compliance with the essential requirements referred to in Article 29.
Amendment 575 #
2015/0277(COD)
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
Amendment 578 #
2015/0277(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point h
Article 34 – paragraph 1 – point h
(h) the conditions and procedures for the declaration by organisations providing ground handling services and by organisations providing apron management services in accordance with Article 32(2);
Amendment 579 #
2015/0277(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point i
Article 34 – paragraph 1 – point i
(i) the privileges and responsibilities of the organisations providing ground handling services and by organisations providing apron management services which have made declarations in accordance with Article 32(2);
Amendment 585 #
2015/0277(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. As regards aerodromes, aerodrome equipment, the operation of aerodromes, and ground handling and apron management services the Commission shall be empowered, by means of delegated acts adopted in accordance with Article 117, to amend or supplement Annex VII and, if applicable, Annex VIII, where necessary for reasons of technical, operational or scientific developments or safety evidence related to the aerodromes, in order and to the extent required to achieve the objectives laid down in Article 1.
Amendment 588 #
2015/0277(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 596 #
2015/0277(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Where the delegated acts adopted pursuant to Article 39 so provide, the providers of ATM/ANS referred to in Article 36 shall be required to declare that the ATM/ANS systems and constituents upon which safety or interoperability is dependent and which are to be put into operation by those service providers comply with the detailed specifications established by the delegated acts adopted pursuant to Article 39 to ensure compliance with the essential requirements referred to in Article 35.
Amendment 598 #
2015/0277(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
Where the delegated acts adopted pursuant to Article 39 so provide, ATM/ANS systems and constituents, upon which safety or interoperability is dependent, shall be subject to certification and shall be issued with a certificate.
Amendment 599 #
2015/0277(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 3
Article 38 – paragraph 2 – subparagraph 3
Amendment 670 #
2015/0277(COD)
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. In order to facilitate the exercise of their tasks related to certification, oversight and enforcement, the Commission, the Agency and, national competent authorities and, where appropriate, Eurocontrol, shall exchange information, including on possible or identified infringements.
Amendment 686 #
Amendment 687 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
Amendment 693 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
In relation to the exercise of that responsibility, the provisions of Chapters II and IV and Articles 120 and 121, as well as the applicable provisions of the national law of the Member State to which the responsibility is transferred shall apply.
Amendment 699 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Agency or aA Member State, as applicable, shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied that it can effectively exercise the transferred responsibility in compliance with this Regulation and the delegated and implementing acts adopted on the basis thereof.
Amendment 704 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 1
Article 53 – paragraph 4 – subparagraph 1
When a Member State intends to transfer certain responsibilities in accordance with paragraphs 1 or 2, it shall establish jointly with the Agency or with the other Member State, as applicable, a transition plan that ensures an orderly transfer of those responsibilities. The legal and natural persons concerned by the transfer and, in case of a transfer referred to in paragraph 2, the Agency shall be consulted on that transition plan before it is finalised.
Amendment 707 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 4 – subparagraph 2
Article 53 – paragraph 4 – subparagraph 2
The Agency and the Member State or Member States concerned, as applicable, shall ensure that the transfer of the responsibilities is carried out in accordance with the transition plan.
Amendment 709 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 5 – subparagraph 1
Article 53 – paragraph 5 – subparagraph 1
Amendment 712 #
2015/0277(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
6. This Article shall be without prejudice to the rights and obligations of the Member States under the Chicago Convention. When a Member State transfers responsibilities in accordance with this Article which are attributed to it by the Chicago Convention, it shall notify the ICAO about the fact that the Agency or another Member State acts as its authorised representative for the fulfilment of its obligations under the Chicago Convention.
Amendment 739 #
2015/0277(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Amendment 741 #
2015/0277(COD)
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. The Agency shall recommend to a Member State the transfer of responsibilitiesestablishment of a compulsory emergency assistance mechanism in accordance with Article 53, where all of the following conditions have been met:
Amendment 744 #
2015/0277(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where the Member State concerned did not either give effect to the Agency's recommendation or remedy the deficiencies within 3 months from the date of that recommendation, the Commission may decide, when it considers that the conditions of paragraph 1 are met, that the responsibility for the certification, oversight and enforcement tasks concerned shall be temporarily transferred to supported by the European Flight Inspector in conjunction withe Agencyrticle 52(1). That decision shall be taken by means of implementing acts adopted in accordance with the advisory procedure referred to in Article 116(2). On duly justified imperative grounds of urgency relating to aviation safety, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 116(4).
Amendment 746 #
2015/0277(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. From the date at which the implementing decision referred to in paragraph 2 takes effect, the Agency shall assess on a regular basis whether the condition of paragraph 1(c) continues to be met. Where it considers that that condition is no longer met, it shall issue a recommendation to the Commission to terminate the temporary transfer ofcompulsory support for responsibilities.
Amendment 747 #
2015/0277(COD)
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 1
Article 55 – paragraph 4 – subparagraph 1
When the Commission considers, taking into account that recommendation, that the condition of paragraph 1(c) is no longer met, the Commission shall decide that the temporary transfer ofcompulsory support for responsibilities to the Agency shall be terminated.
Amendment 748 #
2015/0277(COD)
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
Amendment 750 #
2015/0277(COD)
Proposal for a regulation
Article 55 – paragraph 6
Article 55 – paragraph 6
Amendment 802 #
2015/0277(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
Amendment 847 #
2015/0277(COD)
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The measures taken by the Agency as regards emissions and noise, for the purpose of the certification of the designvelopment of products in accordance with Article 11, shall aim at preventing significant harmful effects on the environment and human health caused by the civil aviation activities concerned, with due regard for environmental benefits, technical feasibility, economic capacities and possible interactions and distortions of competition with regulations and measures already adopted by ICAO.
Amendment 853 #
2015/0277(COD)
Proposal for a regulation
Article 75 – paragraph 2
Article 75 – paragraph 2
2. The Member States, the Commission, the Agency and other Union institutions, bodies, offices and agencies shall, within their respective fields of competence, cooperate on environmental matters, including those addressed in Regulation (EC) No 1907/2006 of the European Parliament and of the Council21, with a view to ensuring that interdependencies between environmental protection, human health and other technical domains of civil aviation are taken into account, with due regard for environmental benefits, technical feasibility, economic capacities and possible interactions and distortions of competition with regulations and measures already adopted by ICAO. In accordance with the principles of subsidiarity and proportionality, account shall be taken of any specific circumstances in the individual Member States. __________________ 21 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 858 #
2015/0277(COD)
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Agency shall assist the Commission with the definition and coordination of civil aviation environmental protection policies and actions, in particular by conducting studies, simulations and providing technical advice in areas in which there are interdependencies between environmental protection, health and other technical aspects of civil aviation.
Amendment 861 #
2015/0277(COD)
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
Amendment 963 #
2015/0277(COD)
Proposal for a regulation
Article 109 – paragraph 1 – point f
Article 109 – paragraph 1 – point f
Amendment 27 #
2015/0276(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Many Member States have not yet completely developed the necessary waste management infrastructure. It is therefore essential to set clear policy objectives in order to avoid locking recyclable materials at the bottom of the waste hierarchy and to set incentives for investments into an innovative waste management infrastructure.
Amendment 32 #
2015/0276(COD)
Proposal for a directive
Recital 7
Recital 7
(7) With the combination of recycling targets and landfill restrictions laid down in Directives 2008/98/EC and 1999/31/EC, the Union targets for energy recovery and the recycling targets for packaging waste laid down in Directive 94/62/EC are no longer necessary. Nevertheless, energy recovery is allowed provided that it is technically, economically and environmentally justified, which needs to be carefully assessed on a case-by-case basis.
Amendment 38 #
2015/0276(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Targets for the recycling of plastic packaging waste for 2025 have been set taking into account what was technically feasible at the time of the revision of the Directive; the Commission may propose revised levels of the targets for plastics for 2030 based on a review of progress made by Member States towards reaching those targets, taking into account the evolution of the types of plastics placed on the market and the development of new recycling technologies and the demand for recycled plastics. Additionally, the Commission will assess, one year after the date for transposition of this Directive, whether the targets will still be reachable for Member States with the revised definitions and calculation methods in place. If the assessment shows that this is no longer the case, the Commission will come up with a proposal on revised targets.
Amendment 42 #
2015/0276(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 56 #
2015/0276(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Since the objectives of this Directive, namely on the one hand, to prevent any impact from packaging and packaging waste on the environment or to reduce such impact, thus providing a high level of environmental protection, and, on the other hand, and equally important, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale or effects of the measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
Amendment 58 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 94/62/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
(-1) in Article 1, paragraph 1 is replaced by the following: "1. This Directive aims to harmonize national measures concerning the management of packaging and packaging waste in order, on the one hand, to prevent any impact thereof on the environment of all Member States as well as of third countries or to reduce such impact, thus providing a high level of environmental protection, and, on the other hand and equally important, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community." (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01994L0062-20150526)Or. en
Amendment 96 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) no later than 31 December 2025 a minimum of 65% by weight of all packaging waste will be prepared for reuse andor recycled;
Amendment 115 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) no later than 31 December 2030 a minimum of 75% by weight of all packaging waste will be prepared for reuse andor recycled;
Amendment 144 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 1 – point c
Article 6a – paragraph 1 – point c
Amendment 150 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6 a – paragraph 3 – point a
Article 6 a – paragraph 3 – point a
(a) such output waste is sent into a final recycling process and is not counted as input there;
Amendment 153 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6 a – paragraph 3 – point b
Article 6 a – paragraph 3 – point b
(b) the weight of external materials or external substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycled.
Amendment 157 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
(4a) The following Article is inserted: "Article 6aa Assessment of feasibility of targets 1. To assess the effect of the definitions and calculation methods laid down in this Directive on the current recycling and preparation for reuse quotas of each Member States and whether the targets laid down in this Directive remain feasible, the Commission shall, by ... [one year after the date for transposition referred to in Article 2 of the amending directive], draw up a report on the situations in the Member States towards the achievements of the targets laid down in points (f) to (i) of Article 6(1). 2. The report referred to in paragraph 1 shall include the following: (a) an overview of the current recycling and preparation for reuse quotas of each Member State; (b) an estimate of the feasibility of achievement of the targets by Member State; (c) an evaluation of the new calculation methods. 3. If the targets referred to in paragraph 1 do not appear to be feasible for a majority of Member States, the Commission shall propose revised targets."
Amendment 197 #
Amendment 198 #
2015/0276(COD)
Proposal for a directive
Annex – paragraph 2
Annex – paragraph 2
Amendment 74 #
2015/0275(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a moretruly circular economy.
Amendment 77 #
2015/0275(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The targets laid down in Directive 2008/98/EC of the European Parliament and of the Council14 for preparing for re- use and recycling of waste should be amended to make them better reflect the Union's ambition to move to an efficient circular economy. __________________ 14 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 468 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17a
Article 3 – point 17a
17a. “final recycling process” means the recycling process which begins when no further mechanical sorting operation is needed and waste materials enter a production process and are effectively reprocessed into products, materials or substances;
Amendment 520 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/98/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 544 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2008/98/EC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Amendment 566 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 662 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a
Article 8a
Amendment 877 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1– indent 4
Article 9 – paragraph 1– indent 4
- reduce waste generation in processes related to industrial production, extraction of minerals and construction and demolition, taking into account best available techniques, unless they are already subject to the requirements laid down in Directive 2010/75/EU on industrial emissions;
Amendment 1235 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 3
Article 26 – paragraph 3
Member States may exempt the competent authorities from keeping a register of establishments or undertakings which collect or transport quantities of non- hazardous waste not exceeding 20 tonnes and of hazardous waste not exceeding 2 tonnes annually.
Amendment 1241 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 28 #
2015/0274(COD)
Proposal for a directive
Recital 8
Recital 8
(8) A progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy. This reduction should as laid down in Directive 2008/98/EC. That progressive reduction of landfilling will bring a major change in waste management in many Member States. With improved statistics on waste collection and treatment, it should be possible to avoid the development of excessive capacity for the treatment of residual waste facilities, such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste, as this could result in undermining the achievement of the Union's long-term preparation for reuse and recycling targets for municipal waste as laid down in Article 11 of Directive 2008/98/EC. Similarly, and to prevent detrimental impacts on human health and the environment, while Member States should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled, compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste and will contribute to achieve a high quality of sorted material. In addition, in order to ensure consistency between the targets laid down in Article 11 of Directive 2008/98/EC and the landfill reduction target defined in Article 5 of this Directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets, Member States which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this Directive. It is also necessary to ensure that shipments of waste is treated in the most cost-efficient and sustainable way.
Amendment 37 #
2015/0274(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to help achieve the objectives of Directive 1999/31/EC, the Commission should promote the coordination and exchange of information and best practices both between Member States, sub-national authorities, particularly in the event that these government levels are responsible for waste management, and between different sectors of the economy, including the waste industry and the financial sector. That could be achieved through the establishment of communication platforms that would help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and the financial sector and to supporting industrial symbiosis, always having in mind that it is essential to maintain the competitiveness of European industry.
Amendment 191 #
2015/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the Single Market. As the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other Union legislation and policies, it is appropriate to continue to exempt them from the scope of this Regulation. This exemption includes means of transport whose motor stays in the same location during operation, such as elevators, escalators and conveyor belts.
Amendment 195 #
2015/0149(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is appropriate to exempt second hand products from this Regulation, which includes all those products that have been put into service before being made available on the market for a second or additional time.
Amendment 205 #
2015/0149(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30%. They also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors.
Amendment 210 #
2015/0149(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumptionefficiency of energy-related products. It should be supplemented with a product information sheet, which may be made available electronically. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products. A classification using letters from A to G has shown to be most effective for customers. In situations where because of ecodesign measures under Directive 2009/125/EC products can no longer fall into classes 'F' or 'G', those classes should not be shown on the label. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes.
Amendment 229 #
2015/0149(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label. In cases where it is not feasible to display the energy label, such as certain forms of distance selling and in advertisements and technical promotional material, potential customers should be provided at least with the energy class of the product. Technical promotional material does not include advertisements in billboards, magazines and newspapers, radio or television broadcasting and similar online formats.
Amendment 238 #
2015/0149(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be appropriate, taking into account the need to avoid over burdening manufacturers. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label shouldmay have an empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframmaking the newly introduced label easily distinguishable from the old label by its visual appearance.
Amendment 251 #
2015/0149(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 262 #
2015/0149(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council21 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively. Such cooperation, in particular in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) on energy labelling should be reinforced through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30. OJ L 218, 13.8.2008, p. 30.
Amendment 269 #
2015/0149(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 293 #
2015/0149(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) TBased on the scope of this regulation, the Commission should provide a working plan for the revision of labels of particular products including an indicative list of further energy-related products for which an energy label could be established. The working plan should be implemented starting with a technical, environmental and economic analysis of the product groups concerned. This analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy-related product, such as , upon which the Council and the European Parliament should be continuously formally informed by the Commission, should be implemented starting witsh absolute energy consumption, durability or environmental performance, in coherence with the objective to promote a circular economy technical, environmental and economic analysis of the product groups concerned. Such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers.
Amendment 300 #
2015/0149(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 304 #
2015/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down a framework on the indication by labelling and standard product information of the consumption of energyenergy- efficiency of energy-related products and other resources consumption of energy by energy- related products during use and supplementary information concerning energy-related products in order to allow customers to choose more efficient products.
Amendment 313 #
2015/0149(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) Means of transport for persons or goods other thanincluding those operated by a stationary motor.
Amendment 314 #
2015/0149(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Capital goods
Amendment 320 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'Manufacturer' means any natural or legal person who manufactures an energy- related product or has such a product designed or manufactured, and markets that energy- related product under his name or trademark;
Amendment 321 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘Dealer’ means a retailer or other person who sells, hires, offers for hire purchase or displays products to customersis the natural or legal person in the supply chain, other than the manufacturer or importer, who makes an energy-related product available on the market;
Amendment 330 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘Energy-related product’ means any good or system or service with an impact on energy consumption during use, which is placed on the market and put into service in the Union, including parts intended to be incorporated into energy-related products covered by this regulation which are placed on the market and put into service as individual part for customers and of which energy performance can be assessed independently;
Amendment 344 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a graphic diagram, in printed or electronic form, including a classification using letters from A to G in seven different colours from dark green to red in order to show energy efficiency and consumption of energy;
Amendment 350 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) 'Rescale' means a periodicn exercise to make more stringent the requirements for achieving the energy class on a label for a particular product, which, for existing labels may imply the deletion of certain energy classes;
Amendment 362 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'Supplementary information' means information on the functional and environmental performance of an energy- related product, such as its absolute energy consumption or durability, which is based on data that are measurable and verifiable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 365 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'capital good' means any good which is not intended for consumers or not likely, under reasonably foreseeable conditions, to be used by consumers;
Amendment 374 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they shall ensure that products placed on the market are providsupplied, free of charge, with accurate printed labels and make available product information sheets, printed or electronically, for each unit in accordance with this Regulation and the relevant delegated acts; delegated acts may provide that the label is printed on the packaging of the product. For product groups where the product consists of several parts or components and the energy efficiency is function of such components, suppliers shall provide labels, free of charge, to dealers at the moment of display.
Amendment 385 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) they shall ensure the accuracy of the labels they provide and product information sheets that they providmake available and produce technical documentation sufficient to enable the accuracy to be assessed by market surveillance authorities;
Amendment 395 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 404 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) they shall display in a visible manner, directly on the appliance or in its immediate proximity, the label provided by the supplier or otherwise made available for a product covered by a delegated act;
Amendment 413 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) they shall, where they do not have a label or a rescaled label, request the label or a rescaled label from the supplier;
Amendment 414 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
Amendment 418 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
Amendment 426 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – point iii
Article 3 – paragraph 2 – point b – point iii
Amendment 434 #
2015/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) they shall make reference to the energy efficiency class of the product in any advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act;
Amendment 456 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where Member States provide any incentives for an energy-related product covered by this Regulation and specified in a delegated act, these shall aim at least at the highest occupied classes of energy efficiency laid down in the applicable delegated act.
Amendment 460 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that the introduction of labels including rescaled labels and product information sheets is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers, if appropriate in cooperation with dealers. These activities should be coordinated by the European Commission.
Amendment 469 #
2015/0149(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall support cooperation and exchange of information on market surveillance of energy labelling of products among national authorities of the Member States responsible for market surveillance or external border controls in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) and between such authorities and the Commission.
Amendment 486 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that an energy- related product covered by a delegated act under this Regulation presents a risk to aspects of public interest protection covered by this Regulation, they shall carry outdoes not comply with the requirements of the delegated act and therefore presents a risk to aspects of public interest protection, they shall carry out, in accordance with regulation 765/2008/EU, an evaluation in relation to the energy-related product concerned covering all the requirements laid down in this Regulation and its relevant delegated acts. The supplier shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 502 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where tThe market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
Amendment 521 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 529 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when, based on studies on future technical evolution, that a label is only introduced or rescaled, the requirements are laid down so that no products are expected to f when technological progress makes this necessary and shall in genergy classes A or B at the moment of the introduction of the label and so that theally aim for a validity of at least ten years for the introduced or rescaled label. It shall review the label once it estimateds time within which a majority of modelhat 40 percent of the products sold within the Union markets falls into those classes shall be at least ten years latere top energy class and further technological development can be expected soon.
Amendment 550 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallywhen it estimates that 40 % of products sold fall into energy class A and, based upon studies on future potential technical evolution, further technological development can be expected soon.
Amendment 562 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 584 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The design of the rescaled label shall differ visibly from its predecessor. The European Commission shall ensure the development of communication and information campaigns to be rolled out by Member States in accordance with Article 4.4.
Amendment 586 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before the date of application of this Regulation shall be considered as labels for the purposes of this Regulation. The Commission shall review those lLabels within five years of the entry into force of this Regulation with a view to rescaling themonce it estimates that 40 percent of the products sold within the Union market fall into the top energy class and further technological development can be expected soon.
Amendment 594 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Labels for products with more than two primary energy sources that need more than 7 classes to achieve differentiation, shall not be subject to the provisions in Article 7.6. Such product groups shall be rescaled when the majority of products, based on items sold in the preceding year, fall in the top energy efficiency class and when additional savings may be achieved by further differentiating products. In exception to Article 2.13, these labels may contain a different number of classes, without changing the dark green to red colour spectrum.
Amendment 599 #
2015/0149(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 624 #
2015/0149(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
In the conduct of its activities under this Regulation the Commission shall ensure in respect of each delegated act, a balanced participation of Member States’ representatives (including market surveillance authorities) and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. For this purpose, the Commission shall establish a Consultation Forum in which these parties shall met. This Consultation Forum may be combined with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC.
Amendment 626 #
2015/0149(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall, having consulted the Consultation Forum referred to in Article 10, establish a working plan which shall be made publicly available. The working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts. The working plan shall also set out plans for the revision and, where relevant, rescaling of labels of products or product groups. The working plan may be amended periodicCouncil and the European Parliament shally by the Commission after consultation with the Consultation Forum. The working plan may be combined with the working plan required by Article 16 of Directive 2009/125/ECe continuously updated about the working plan and formally notified about any changes to it.
Amendment 632 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for specific groups of energy-related products ('specific product groups') in accordance with Article 13.
Amendment 633 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) according to the most recently available figures and considering the quantities placed on the Union market, the product group shall have significant potential for saving energy and where relevant, other resourcesused by consumers using products belonging to the product group in the European Union;
Amendment 650 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point i
Article 12 – paragraph 3 – subparagraph 1 – point i
Amendment 657 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point j
Article 12 – paragraph 3 – subparagraph 1 – point j
(j) the specific indication of the energy class to be included in advertisements and technical promotional material, including requirements for this to be in a legible and visible form;
Amendment 667 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 5
Article 12 – paragraph 3 – subparagraph 5
Amendment 672 #
2015/0149(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Directive 2010/30/EU is repealed with effect from 1 January 20178.
Amendment 673 #
2015/0149(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
It shall apply from 1 January 20178.
Amendment 676 #
2015/0149(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 48 #
2015/0148(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2003/87/EC of the European Parliament and of the Council15 established a system for greenhouse gas emission allowance trading within the Union in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner in order to safeguard the international competitiveness of EU industry that does not lead to carbon and investment leakage. __________________ 15 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 65 #
2015/0148(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone full transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the ETS and not subject to a risk of carbon leakage, such as is the case in the building sector, would lessen the efforts needed from Union industry.
Amendment 75 #
2015/0148(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 572% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, . Allowances originally covered by the transitional Community- wide rules for harmonized free allocation (including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 nd unallocated allowances due to closures and partial cessations) should not be considered to be auctioned allowances for the purposes of the calculation of the auction share. __________________ 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]). 18 SEC(2015)XX
Amendment 109 #
2015/0148(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provisbenchmarks for free allocations to installations, should be made updated before the valuesstart of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvementfourth trading period in order to base free allocations on actual technological progress. That update should be carried out on the basis of robust, objective and verified data from installations. For reasons of predictability, thifurther updates should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into accountalso be based on robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a substantial difference from that factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentage. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 131 #
2015/0148(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for thecarbon capture and storage of CO2(CCS) and carbon capture and use (CCSU), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS and CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS and CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given when pre-determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 178 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) In Article 3, the following point is added: (w) 'small emitter' means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year.
Amendment 205 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 paragraph 1
Article 10 paragraph 1
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 209 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 225 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b – point ii a (new)
Article 1 – paragraph 1 – point 4 – point b – point ii a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
Amendment 253 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 269 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 10a paragraph 1
Article 10a paragraph 1
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation. To introduce more flexibility in the supply of free allowances, the threshold shall be lowered to reflect variation in real production levels. This threshold shall not exceed 10% of the yearly production level.
Amendment 292 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progrtaking into consideration the real economic and technical development of industrial plants and processes in the period between 2007-8 and each later period for which free allocations are determineindividual sectors and subsectors in order to avoid win accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:dfall profits. This update shall be based on the average performance of the 10% most efficient installations in a sector or subsector in the Community in the years 2013-2017. The Commission shall consult the relevant stakeholders in this regard.
Amendment 297 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – third subparagraph – introductory sentence
Article 10 a – paragraph 2 – third subparagraph – introductory sentence
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:
Amendment 313 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – third subparagraph – point (i)
Article 10 a – paragraph 2 – third subparagraph – point (i)
(i) On the basis of information submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that bBefore the start of the trading period benchmarks in individual sectors and subsectors, shall be updated based on the average of the verified emissions of the 10% most efficient installations in a sector or subsector in the Union in the years 2017 and 2018. Benchmark values shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 set on the basis of information submitted pursuandt the middle of the period for which free allocation is to be made;o Article 11. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 316 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
(i) On the basis of information submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that benchmark value shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made;The benchmarks shall be reviewed once at the beginning of the 4th trading period., based on bottom-up real installation data and taking into account sector specific characteristics.
Amendment 347 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mantargeted in accordance with the carbon leakage risk and shall in any case guarantee that 100% free allocation up to the level of the benchmarks is maintainerd.
Amendment 408 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – first subparagraph
Article 10a – paragraph 8 – first subparagraph
400 million allowances shall be available to support, taken from the share of allowances to be auctioned, shall be available to support and leverage investments, using different instruments managed by the European Investment Bank, in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, energy conversion and storage, as well as electric battery development in the territory of the Union.
Amendment 424 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
400 million allowances shall be available to support innovation in the whole range of low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union.
Amendment 435 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – second subparagraph
Article 10a – paragraph 8 – second subparagraph
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 6075% of the relevant costs of projects may be supported, out of which up to 450% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.
Amendment 446 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – fourth subparagraph (new)
Article 10a – paragraph 8 – fourth subparagraph (new)
In Article 10a, the following subparagraph is added to paragraph 8: 'The timetable for monetisation of allowances shall be published no later than 18 months before the start of Phase IV and shall ensure the gradual monetisation of the allowances spread out throughout the Phase.'
Amendment 453 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i a (new)
Article 1 – paragraph 1 – point 5 – point i a (new)
Directive 2003/87/EC
Article 10a
Article 10a
(ia) the following paragraph is added: 'The Commission shall, as part of the measures adopted under paragraph 1, include measures for defining installations that partially cease to operate or significantly reduce or increase their capacity or their production by more than 10%, and measures for adapting, as appropriate, the level of free allocations.'.
Amendment 465 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at high risk of carbon leakage. Such sectors and sub- sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall continue to be deemed to be at the same risk of carbon leakage as the refinery sector.
Amendment 483 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 488 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory part
Article 10b – paragraph 2 – introductory part
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18,12, as well as sectors that were deemed at risk of carbon leakage between 2013 and 2020 and that have a trade intensity of at least 40 %, may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 499 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c
Article 10b – paragraph 2 – point c
(c) profit margins or the inability to pass on carbon costs as a potential indicator of long-run investment or relocation decisions.
Amendment 719 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – second subparagraph
Article 11 – paragraph 1 – second subparagraph
A list of installations covered by this Directive for the fivthree years beginning on 1 January 2021 shall be submitted by 30 September 2018, and. The lists for the subsequent fivthree years shall be submitted every five years thereafterby 30 September 2021 and the list for the four last years by 30 September 2024. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 740 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – third subparagraph (new)
Article 14 – paragraph 1 – third subparagraph (new)
Amendment 743 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Directive 2003/87/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(12b) in Article 14, paragraph 1, a new subparagraph is added: ' That regulation shall also determine simplified monitoring, reporting and verification procedures for small emitters.'
Amendment 762 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 768 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1 – point (a)
Article 27 – paragraph 1 – point (a)
Amendment 3 #
2014/2245(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the fact that the economic crisis has seriously damaged economic, social and territorial cohesion, resulting in hug and widened the differences between Member States; recalls that since the onset of the crisis over 3.8 million jobs have been lost in manufacturing in the EU1; __________________ 1 Industrial Scoreboard 2013, Commission Staff Working Document, p. 6.
Amendment 27 #
2014/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that austerityfurther measures in several European countries are having a negative impact on industrial structures, resulting in a fall-off in investment and more difficultand investment are needed in order to strengthen industrial structures in the Member States and to facilitate access to credit for manufacturers;
Amendment 46 #
2014/2245(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that all the new projects and investments promoted by EU funds should have an employment clause that includes the obligationwhenever possible be geared as a matter of principle to createing new and non- precarious jobs;
Amendment 69 #
2014/2245(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more social and public public and private investments, without which it will be impossible to reach the target of raising industry’s contribution to GDP to as much as 20 % by 2020; recalls that all investments and projects should enhance environmental protectioncompetitiveness.
Amendment 30 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) is of the opinion that strengthening the euro-transatlantic partnership through the TTIP is entirely in keeping with the EU's efforts to achieve more growth and jobs, inter alia through increased transatlantic trade and market access for SMEs; is furthermore of the opinion that, by proactively setting standards under the TTIP, the EU can be a guide for other economic powers;
Amendment 94 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the huge differentials between the USA and the EU in energy prices but also in per capita CO2 emissions; calls on the Commission, therefore, to providetake appropriate measures for energy-intensive sectors in the EU, including the chemicals industry, with appropriate measures maintaining current tariff rates over the longest possible period after the entry into force of the TTIP so that, for a number of sensitive products, there is a transitional period for discontinuing current tariff rates;
Amendment 122 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. CIs of the opinion that SMEs can benefit greatly from the TTIP, in particular through elimination of non-tariff trade barriers, smaller businesses being hit disproportionately hard by compliance costs; calls on the Commission to ensure that the priorities and concerns of SMEs are fully taken into account in the TTIP negotiations e.g. by means of impact assessments or targeted public consultations;
Amendment 149 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Requests that the Commission facilitate more active participation of EU firms in US public procurement in individual states of the US, and in their governmental subdivisions, as this can contribute to stimulating private-sector innovation and to the emergence of new, high-growth innovative companies and sectors;
Amendment 76 #
2014/2210(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that family businesses make a vital contribution to the success of vocational training reforms and to increasing the number of apprenticeships; points out that, in this connection, family businesses are very much dependent - as all businesses are - on a favourable political environment; states that the Commission should look into how vocational training systems should be designed in order to provide the best possible environment for family businesses to invest in apprenticeships;
Amendment 107 #
2014/2153(INI)
Motion for a resolution
Recital O
Recital O
O. whereas an energy security strategy must include actions to moderate energy demand and equally effective actions to overcome major and imminent disruptions, as well as solidarity and coordination mechanisms to protect and strengthen energy generation, transmission and distribution infrastructure and interconnectors; whereas this infrastructure must be capable of handling variable renewables, and be built into a fully integrated and well-functioning internal energy market as an essential part of an Energy Union with diversified external supplies and routes;
Amendment 134 #
2014/2153(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that equal energy security, competitiveness and sustainability in a fully integrated energy market constitute the main pillars for the creation of an Energy Union, which can be achieved by pooling resources, connecting networks, and ensuring unified energy market regulation and establishing unified negotiating positions vis-à-vis third countries;
Amendment 226 #
2014/2153(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the EU is not yet on track to meet its commitment of saving 20 % of energy (371 Mtoe) by 2020, andCommission calculations show that the EU can achieve its goal of saving 20 % of energy (371 Mtoe) by 2020, and there is no need for new energy efficiency measures if all the Member States work with the same determination to implement existing legislation; notes that over one third of reduced energy consumption is actually attributable to lower levels of economic activity;
Amendment 239 #
2014/2153(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that energy demand in the building sector is responsible for about 40 % of energy consumption in the EU and a third of natural gas use, and that it is therefore necessary to speed up renovation of buildings through the right incentives, in order to reduce energy demand while encouraging greater involvement of the European Investment Bank and promoting energy services for which EU funds can complement national financing schemes;
Amendment 273 #
2014/2153(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that improved vehicle performance standards and fuel efficiency are crucial forcontribute to both reducing EU oil dependency and cutting greenhouse gas emissions, and therefore calls on the Commission to continue and accelerate its efforts in this field; notes the need to wait until the experience gained from the regulation adopted in 2014 can be assessed before deciding on future measures;
Amendment 342 #
2014/2153(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Takes the view that a well thought- out incentive policy is the most effective and cost-efficient way of boosting energy efficiency; warns against misusing statutory measures to boost energy efficiency, since this could lead to social distortions;
Amendment 350 #
2014/2153(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that a long-term strategy for developing indigenous energy sources should be further promoted in the EU; takes the view that a favourable European legislative framework to promote indigenous energy sources in the EU, such as gas, is crucial in order to increase Europe’s energy security;
Amendment 413 #
2014/2153(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes the view that, being a low- carbon fossil fuel, gas from non-Member States as well as from within the EU can make a decisive contribution to energy security and CO2 reduction in Europe;
Amendment 427 #
2014/2153(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that the development of renewable energy sources with the objective of 20 % by 2020 and at least 27 % by 2030 is essential,very ambitious, and that energy costs for consumers and industry need to be takingen into consideration energy costs; stresses the importance of developing smarter energy grids and new energy storage solutions for the integration of renewables in order to balance the fluctuating, weather- dependent provision of wind and solar power;
Amendment 532 #
2014/2153(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the commitment to reducing greenhouse gas emissions must not undermine the EU economy’s global competitiveness; considers, therefore, that a complexherent approach to climate change and competitiveness is needed;
Amendment 785 #
2014/2153(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Invites the Commission to analyse the potential structure of a voluntary collective purchasing mechanism and, its impact on the functioning of the internal gas market and the undertakings affected and its contribution to ensuring security of gas supply; notes that since there are several models of voluntary collective purchasing mechanisms, further work needs to be done to determine the best market-based model applicable for EU regions and the suppliers concerned and existing competition and property law in Europe must be fully safeguarded; proposes that this analysis should take account of the experience gained with the Caspian Development Corporation;
Amendment 19 #
2014/0011(COD)
Proposal for a decision
Recital 2
Recital 2
(2) The report from the Commission to the European Parliament and the Council on the state of the European carbon market in 21027 identified the need for measures in order to tackle structural supply-demand imbalances. The impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue, and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework. A change in the linear factor only changes gradually the cap. Accordingly, the surplus would also only gradually decline, such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more. In order to address this problem and to make the European Emission Trading System more resilient to imbalances, a market stability reserve should be established. To ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead-time adjusting to the introduction of the design change, the market stability reserve should be established as of phase 4 starting in 2021. In order to preserve a maximum degree of predictability, clear rules should be set for placing allowances into the reserve and releasing them from the reserve. Where the conditions are met, beginning in 2021, allowances corresponding to 120% of the number of allowances in circulation in year x-21 should be put into the reserve. A corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 4500 million. __________________ 7 8COM(2012)652 final. COM(2012)652. 8 Insert reference. Insert reference.
Amendment 32 #
2014/0011(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Council conclusions of 23 and 24 October 2014 on the 2030 Climate and Energy Policy Framework give clear guidance on the continuation of free allocations and carbon leakage provisions after 2020, stating that "the most efficient installations in the sectors at risk of losing international competitiveness should not face undue carbon costs leading to carbon leakage" and that "future allocations will ensure better alignment with changing production levels in different sectors" and "at the same time, incentives for industry to innovate will be fully preserved and administrative complexity will not be increased." The conclusions further underline that both direct and indirect costs for the respective industry sectors will be taken into account as well as the need for affordable energy prices. It is of paramount importance that the Commission reviews the functioning of Directive 2003/87/EC in that respect.
Amendment 60 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A market stability reserve is established, and shall operate from 1 January 2021With full respect of Commission Regulation (EU) 176/2014 of 25 February 2014 amending Regulation (EU) No 1031/2010 in particular to determine the volumes of greenhouse gas emission allowances to be auctioned in 2013-201a, a market stability reserve is established, and shall operate from the beginning of the next ETS trading period starting on 1 January 2021. _______________ 1a OJ L 56, 26.2.2014, p. 56.
Amendment 76 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In each year beginning in 2021, a number of allowances equal to 120% of the total number of allowances in circulation in year x-21, as published in May year x-1, shall be placed in the reserve, unless this number of allowances to be placed in the reserve would be less than 100 million.
Amendment 94 #
2014/0011(COD)
Proposal for a decision
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. In any year beginning in 2021, the allocation of allowances under Article 10a of the Directive 2003/87/EC or under any subsequent provisions following the review of this directive referred to in Article 2a, shall be adjusted by either placing allowances into, or withdrawing allowances from the reserve as appropriate, so as to ensure the full free allocation of allowances in respect of actual production to the most efficient installations in sectors at risk of carbon leakage. The number of allowances to be placed in or released from the reserve under this paragraph shall be calculated by reference to benchmarked carbon emissions in respect of the actual production of an installation, and the number of allowances allocated free to that installation, in year x. Any excess allowances over production emissions given to an installation will be withheld from, and any shortfall in allowances over production emissions will be added to, the allowances allocated to the installation in year x+1.
Amendment 115 #
2014/0011(COD)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a Review of Directive 2003/87/EC By ...*, the Commission shall review Directive 2003/87/EC, taking into account the conclusions of the European Council of 23 and 24 October 2014, in particular with regard to carbon leakage provisions and the continuation of free allocations, better reflecting changing production levels and incentivising the most efficient performance taking into account direct and indirect carbon costs, and if appropriate shall, in accordance with the ordinary legislative procedure, submit a proposal to the European Parliament and the Council. ________________ * OJ: Please, insert the date: six months from the entry into force of this Decision.
Amendment 118 #
2014/0011(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 38 #
2013/2177(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that existing European law on competition and state aid guarantees stable conditions for the steel sector; calls on the Commission to continue to be resolute in following up and penalising instances of distortion of competition;
Amendment 2 #
2013/2135(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 together with the first Union-wide list of energy infrastructure projects of common interest (PCIs) adopted by the European Commission on 14 October 2013;
Amendment 47 #
2013/2135(INI)
Motion for a resolution
Recital A
Recital A
A. whereas security of supply, competitiveness and climate objectives are of the utmost importance for the EU, are inextricably linked and must be addressed and considered on an equal footing; whereas there are trade-offs among these objectives that must be openly addressed and made known to the public;
Amendment 70 #
2013/2135(INI)
Motion for a resolution
Recital B
Recital B
B. whereas this is acknowledged in the Treaty on the Functioning of the European Union (TFEU), which stipulates that the objectives of the Union’s energy policy include the functioning of the energy market, security of supply, energy efficiency, energy saving, new and renewable energy sources and interconnections;
Amendment 102 #
2013/2135(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the IEA estimates that the EU is responsible for only 11 % of global greenhouse gas (GHG) emissions and the proportion is set to decrease in the future so that, even if it has limited capacity in lowering global emissions by means of unilateral action, it has a significant role to play in particular; as regards the achievement of a binding agreement in Paris in 2015 whereas the EU therefore has to define a clear position, bearing in mind that climate action can only be successful if addressed at a global level in order to reach the internationally agreed goal to limit global warming to 2°C compared with pre-industrial level;
Amendment 114 #
2013/2135(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas according to the International Energy Outlook 2013 global energy use will grow by 56% between 2010 and 2040 (and non-OECD Asian states will account for 60% of the increase) and fossil fuels (with a remarkable share of coal) will continue to supply almost 80% of world energy use through 2040;
Amendment 115 #
2013/2135(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the IEA has also shown that energy prices in the EU increased by 38% in between 2005 and 2012 and that EU electricity prices are expected to increase to be the second highest in the world by 2035;
Amendment 137 #
2013/2135(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas there is growing understanding that a revised economy- wide greenhouse gas reduction target, in combination with a well-functioning Emissions Trading System and effective actions in non-ETS sectors, is the most cost-effective approach to reducing emissions as well as promoting energy efficiency and renewable energies, and should not be disturbed by other targets or measures;
Amendment 145 #
2013/2135(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the EU spent EUR 573 billion on imported fossil fuels’s import bill on fossil fuels amounted to EUR 406 billion in 2011 and its dependency on energy imports is expected to grow;
Amendment 151 #
2013/2135(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the Member States clearly differ both in terms of their economic potential and emissions per capita thus justifying more diverse levels of commitments towards the EU’s climate goals;
Amendment 153 #
2013/2135(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the European CO2 reduction policy is proving successful, with industrial emissions falling by 1.3% in Europe in 2012, and the United States, thanks to its substantial gas deposits, achieving a reduction of as much as 4%; whereas it can be expected that over half the CO2 emissions ever produced will come from the developing countries;
Amendment 171 #
2013/2135(INI)
Motion for a resolution
Recital I
Recital I
I. whereas studies indicate that upgrading the grids and interconnections is the best way to improve the internal market, reduce energy costs and boost the competitiveness of industry;
Amendment 193 #
2013/2135(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the various subsidies for various energy sources and technologies, without coordination and cost-effective implementation, distort competition and hinder the completion of the internal energy market without increasing investment certainty;
Amendment 194 #
2013/2135(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas according to the Commission energy efficiency measures, the penetration rate of renewables and the evolution of the high energy prices have contributed to the current surplus of the emission trading allowances;
Amendment 202 #
2013/2135(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas according to the European competitiveness report 2012 the sustainable energy and environmental technology sector offer significant business and job creation opportunities;
Amendment 216 #
2013/2135(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes that the Commission has announced to present additional data by the end of this year, such as on the composition of energy prices in the Member States; calls for this data to be available for end-consumers and integrated in the process of any future policy proposals;
Amendment 225 #
2013/2135(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks the Commission to take a multifaceted and flexible approach, the efficiency and cost-effectiveness of which ought to be enhanced by coordinated and coherent policies that address in equal measure issues such as competitiveness, energy security and climate objectives (e.g. GHG emission reduction, renewable energy sources and energy efficiency); believes, to this end, that the most effective GHG emission reduction objective will be reached by a policy that is technologically neutral and set at a level that is in accordance with progress in international commitments;
Amendment 228 #
2013/2135(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks the Commission to take a multifaceted approach, the efficiency and cost-effectiveness of which ought to be enhanced by coordinated and coherent policies that address in equal measure issues such as competitiveness, energy security and climate objectives (e.g. GHG emission reduction, renewable energy sources and energy efficiency); calls on the Commission to ensure that the achievement of objectives is subject to strict monitoring so that risks of conflicting objectives can be identified in good time and neutralised;
Amendment 233 #
2013/2135(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks the Commission to take a multifaceted approach, the efficiency and cost-effectiveness of which ought to be enhanced by coordinated and coherent policies that address in equal measure issues such as competitiveness, energy security and, climate objectives (e.g. GHG emission reduction, renewable energy sources and energy efficiency); (The current energy and climate policy framework is pushing up energy costs and unfairly burdening European industry, and is therefore at odds with the Commission's recently adopted reindustrialisation objective ofand reindustrialisation; underscores the fact that future EU energy and climate policy must be geared towards supporting the Commission's plan to raisinge industry's share of EU GDP to 20% (which has declined from 15.5% in 2012 to 15.1%).); Or. de
Amendment 242 #
2013/2135(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is of the opinion that multiple targets can create obligations to invest in areas that may be both expensive and ineffective, and that Member States should be given the flexibility to pursue climate change objectives by the most cost-effective means;
Amendment 282 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is convinced that the best way of securing Europe's current and future energy needs is a balanced and differentiated energy mix, where dependencies on single sources of energy are reduced without creating other new dependencies, bearing in mind that the Commission advises to reduce our fossil energy dependency; urges Member States to take these factors into account;
Amendment 289 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the opinion that the EU is well on the way to achieving the 2020 renewables expansion target of 20%; stresses that expansion at national level, which is uncoordinated to some extent and is proceeding extremely quickly, is seriously impacting on the EU internal energy market (inter alia through loop flows); is of the opinion that, in future, energy supply systems must be more reliant on renewables; insists that all relevant aspects of energy supply systems be factored in to decisions on further expansion of renewables;
Amendment 302 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the European Commission to develop, together with the affected industry sectors and within the 2030 climate and energy framework sector- specific roadmaps allowing for sufficient flexibility for industry actors;
Amendment 310 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Reiterates that a 2030 energy and climate framework has to deliver on its objectives in a more cost-efficient manner; believes that this could be achieved by reducing the negative mutual effects of the current policy instruments, and through more flexibility between policy instruments and measures;
Amendment 316 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Sees broad consensus for the establishment of a new binding CO2 reduction target, based on a revised and well-functioning Emissions Trading Scheme;
Amendment 319 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. When revising the Emissions Trading Scheme, it should be ensured that the scheme remains a fully market-based system and at the same time its ability to adapt to economic upturns and downturns in order to avoid future attempts for market interventions is increased; furthermore, the Commission should propose a mandatory earmarking of auctioning revenues for innovative environmentally friendly technologies; the provisions regarding sectors and subsectors affected by a risk of carbon leakage should be maintained and may be reviewed in the light of a binding international agreement on combatting climate change in order to ensure the highest possible certainty for industry;
Amendment 321 #
2013/2135(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Insists that any national support schemes for RES should move towards a European system of support; is convinced that in a more integrated system for promoting RES at the EU-level for post- 2020 forward, taking fully account of regional and geographical differences as well as existing supranational initiatives, which is integrated in a general effort towards decarbonisation, could help to provide a more cost-effective framework for renewables, investment certainty and a level-playing field in which their full potential can be realised;
Amendment 332 #
2013/2135(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is of the opinion that any support schemes, if better used, could be an appropriate tool to incentivise the development of renewable energy sources (RES) and energy efficiency; sees an important role for the Commission in providing guidance in this regardnew and close-to-market technologies for renewable energy sources (RES) where they are geographically most effective, as well as for energy efficiency with the aim of making them competitive; sees an important role for the Commission in providing guidance in this regard, bearing in mind as well the importance of the Horizon 2020 Programme for research and innovation;
Amendment 347 #
2013/2135(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is of the opinion that support schemes, if better used, could be an appropriate tool to incentivise the development of as yet uncompetitive renewable energy sources (RES) and energy efficiency; sees an important role for the Commission in providing guidance in this regard; (In its current form - with highly varying arrangements across the EU, in part as a result of cost-inefficient models based on feed-in systems - support for if, in particular, support for renewables were based on cost- efficiency principles, were harmonised across the EU to a greater extent in the short to medium term, and, in the long term, were discontinued so that renewables g-enerates additional costs, in particular for consumers, which could be prevented by an intelligently designed support scheme.)gy technologies could be brought to market; notes that, in particular, support models with guaranteed prices for producers of renewables are market-distorting and must therefore be discontinued as quickly as possible; sees an important role for the Commission in ensuring this; Or. de
Amendment 373 #
2013/2135(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that some RESthe long-term design of a number of national RES support schemes has led to overcompensation and that some technologies should now be considered mature energy sources and; believes that their subsidies should therefore be phased out on time while avoiding retro- active changes, in order to be able to reallocate these to research and development (R&D) programmes ands well as to RES that are not yet cost- effective; asks the Commission to study the impact of RES priority dispatch on general energy costhe functioning of the energy internal market and on general energy costs; urges the Commission and the Member States to consider all relevant aspects of the integration of renewables into the electricity markets;
Amendment 409 #
2013/2135(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that increased energy efficiency and energy savings will play an essential role in the decarbonisation of the energy sector; believes that the move towards a better energy efficiency policy should focus on the whole energy supply and demand chain, including transformation, transmission, distribution and supply, alongside industrial, building and household consumption;
Amendment 422 #
2013/2135(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that increased energy efficiency, energy intensity and energy savings will play an essential role in the decarbonisation of the energy sector;
Amendment 437 #
2013/2135(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Asks the Commission to develop better methods and tools for calculating and monitoring progress which could help to draw up a more consistent EU approach to energy efficiency; calls, in this connection, for energy efficiency to be expressed in terms of energy input per unit of GDP (energy intensity); notes that energy intensity in relation to economic output has been declining for decades, even without political measures; believes that more should be done to help EU industries to further reduce their energy intensity;
Amendment 453 #
2013/2135(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Agrees with the Commission that any further European legislative action on energy efficiency should be discussed in the light of the review of the Energy Efficiency Directive and of the effectiveness of its tools;
Amendment 477 #
2013/2135(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Acknowledges that if the EU ETS is a truly liquid market and if it is intended to function in a cost-effective and economically efficient manner, the cost of allowances cannot be envisaged as market forces of supply and demand must determine the price;
Amendment 478 #
2013/2135(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the Commission Communication on delivering the internal electricity market and making the most of public intervention; concurs with the Commission that the European level can help reduce or avoid the need for state intervention at regional, national or local level; calls on the Commission therefore to continue to work to reduce state intervention in the internal energy market;
Amendment 482 #
2013/2135(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Emphasises that climate policy must at all events sufficiently protect industries vulnerable to carbon leakage; calls for industrial plants that are at very vulnerable to carbon leakage and produce CO2 ‘efficiently’ (‘Benchmark’) to be issued with a 100 per cent free allocation of allowances without any subsequent deductions.
Amendment 487 #
2013/2135(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Emphasises that for energy-intensive sectors such as the steel industry, a CO2 price provides no incentives for corresponding investment within the EU and that technologically oriented instruments and arrangements would therefore be more effective than CO2 pricing; emphasises the need for ETS auction revenues in future imperatively to be used 100 per cent for investments by industry in low-carbon technologies and to compensate for indirect CO2 costs ;
Amendment 522 #
2013/2135(INI)
Motion for a resolution
Paragraph -11 b (new) – after subheading 2
Paragraph -11 b (new) – after subheading 2
-11 b. Is of the opinion that EU climate goals, notwithstanding their legitimacy, must not impair EU competitiveness and security of supply; demands therefore that any new policy instrument related to these climate objectives undergo a mandatory and thorough macroeconomic impact assessment as regards its effect on the EU's and individual Member States' competitiveness and security of supply; believes that the existing legal framework should be subject to such an assessment;
Amendment 523 #
2013/2135(INI)
Motion for a resolution
Paragraph -11 a (new) – after subheading 2
Paragraph -11 a (new) – after subheading 2
-11 a. Calls on the EU to consider the full integration of the heating and cooling sector in the pathways towards a low- emission energy system; notes that this sector represents today ca. 45% of the final energy consumption in Europe, and that a better understanding of the important role of heating and cooling towards low-emission energy systems is needed; therefore, calls on the Commission to gather the required data reflecting the sources and the uses of heating and cooling, as well as the distribution of heat to the different groups of final consumers (e.g. residential, industry, tertiary);
Amendment 533 #
2013/2135(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Asks Member States for better cooperation and interaction at EU level in order to make national measures more consistent; believes that the 2030 climate and energy framework should include some mandatory elements requiring Member States to consult with their neighbouring countries in case they plan significant changes in their energy supply; urges that the Commission takes appropriate steps to coordinate Member States' actions in defining their energy policies which have cross-border consequences;
Amendment 534 #
2013/2135(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes that under the 2020 framework, multiple regulations for the same target have led to confusing investment signals, excessive complexity and regulatory burden for industry thus undermining efforts to create an integrated, competitive EU energy market; calls for measures at both the EU and the national level to mitigate these impacts and limit the erosion of the EU citizens' expendable income and industries' global competitiveness;
Amendment 535 #
2013/2135(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Takes the view that the future European energy and climate policy must reduce regulatory diversity and complexity and should always seek to set a simple, consistent and effective European framework, allowing Member States flexibility and freedom within this agreed framework and providing industry with stability and clarity for investment decisions; calls on the Member States to respect the European framework;
Amendment 552 #
2013/2135(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to examine the interactions between climate and energy objectives in order to achieve the most efficient policies at EU level avoiding problems encountered so far with the three target approach, taking also into consideration not only national GDP but also each Member State’'s capacity;
Amendment 570 #
2013/2135(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that Member States and regions should be encouraged to improve cooperation in order to optimise the efficiency of renewables expansion; in this context, the Commission has an important role to play as a facilitator in coordinating, financially supporting and preparing appropriate analyses of renewable energy resources and potential for the Member States and in doing more to bring about a continuous approximation of support systems;
Amendment 600 #
2013/2135(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Urges the Commission and Member States to integrate Europe's industrial competitiveness as fully as possible in all other policy areas;
Amendment 626 #
2013/2135(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the importance of an energy strategy focused on boosting energy security and economic and industrial competitiveness in the EU, job creation, social aspects and environmental sustainability by means of measures such as the diversification of supply routes, suppliers and sources and by increasing theuse of own resources (including an increased deployment of RES);
Amendment 647 #
2013/2135(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that, when bringing about security of supply, Member States must be able to freely choose their energy mix and take advantage of all of their indigenous energy resources (including unconventional hydrocarbons such as shale gas) in accordance with policies that ensure the safe and sustainable exploration, extraction, manufacture and use of these resources and related products;
Amendment 681 #
2013/2135(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the lack of full implementation of internal energy market legislation remains one of the main obstacles to completion of the single market; highlights the importance of eliminating remaining infrastructure bottlenecks and instances of market failure and of ensuring that no new barriers to electricity and gas market integration are created; stresses that the abolition of regulated prices to the final consumer throughout the EU is essential for the completion of the internal market in energy;
Amendment 684 #
2013/2135(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the lack ofCalls on the Member States to timely and fully implementation of and apply the internal energy market legislation remains one of the to remove all remaining obstacles to completion of the single market; highlights the importance of eliminating remaining infrastructure bottlenecks and instances of market failure and of ensuring that no new barriers to electricity and gas market integration are created;
Amendment 707 #
2013/2135(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that in order to ensure security of supply there must be enough capacity to meet demand in peak periods ands well as in periods of (political or technological) difficulties and that excess capacity orand backup must therefore be ensured and maintained; points out the need for energy storage and reserve capacities where required and more grid flexibility and dynamics as a response to the intermittence of some sources of RES;
Amendment 715 #
2013/2135(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that in order to ensure security of supply there must be enough capacity to meet demand in peak periods and in periods of (political or technological) difficulties and that excess capacity or backup must therefore be ensured and maintained; points out the need for storage and more grid flexibility as a response to thebecause of the rising supply of very intermittence of somet sources of RES;
Amendment 767 #
2013/2135(INI)
Motion for a resolution
Paragraph 27 a (new) – after subheading 4
Paragraph 27 a (new) – after subheading 4
27a. Notes that EU has the highest environmental standards globally, an ageing population, high unemployment rates in many Member States and that current economic growth is low or inexistent and that this can only be rectified by increasing its competitiveness;
Amendment 803 #
2013/2135(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Stresses that energy prices for individuals as well as for industrial clients are a very important element of their household budget and production costs respectively, and that in general the energy prices determine the competitiveness of the EU's entities against their counterparts in other developed economies in the world;
Amendment 812 #
2013/2135(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that the EU’s main competitors on the global market place great emphasis on technological developments, innovation and improving industrial processes; notes also that their economies grow at a much faster pace than the EU; concludes that the EU must give priority to R&D and innovation; takes the view that, in particular, revenue from sales of ETS certificates should therefore be 100% ring-fenced in future to permit investments in innovation in the low- carbon sector and to avoid indirect CO2 costs;
Amendment 834 #
2013/2135(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Urges the Commission to carefully weigh up the impact of new policies in terms of estimated "green job" creation vs. the loss of industrial competitiveness and existing jobs in other sectors, with a special emphasis on heavy industries and acknowledging different circumstances in Member States;
Amendment 841 #
2013/2135(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Strongly underlines that any future EU policy must address the comparative strengths and weaknesses of its economy, particularly with regard to any free trade agreement the EU signs up to, especially in light of the planned free trade agreement (TTIP) with the US where energy prices and CO2 emissions have been decreasing significantly while efforts to re(duce GHG emissions are not on par with the progress already achieved in the EUto the "shale gas revolution");
Amendment 862 #
2013/2135(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Points out that adopting a decarbonisation strategy that does not take into account the situation of some Member States may lead to a massive increase in energy poverty in those countries;
Amendment 901 #
2013/2135(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Observes that, according to the IEA, energy prices in Europe rose by 38% between 2005 and 2012, whereas in the USA they fell by 4% over the same period; expresses its concern about the impact of this on Europe’s competitiveness; stresses the importance of the Transatlantic Free Trade Agreement for the field of energy;
Amendment 908 #
2013/2135(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that it is important for the EU to maintain its leading role and for Member States to speak with one voice in order to define a strong and common position to defend during the 2015 Paris negotiations that will aim at reaching a new global climate binding agreement; stresses that only joint global efforts can successfully combat climate change, while on the other hand an ongoing commitment on the part of the EU alone would endanger Europe’s industrial base; stresses therefore that the outcome of the international climate negotiations must determine any ambitions to reduce CO2 which the EU may assume;
Amendment 7 #
2013/2092(INI)
Motion for a resolution
Recital K
Recital K
K. whereas satellite-based services play an important part in providing information for the growth sectors of the digital society and help to attain the aims of the EU’s Digital Agenda;
Amendment 51 #
2013/2092(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that satellite communication plays an important role within the European space industry, as orders from this sector provide continuous uses for spacecraft and launchers and thus contribute to the objective of independent access to space for the EU; draws attention in this context to the role of independent payload capacity which becomes available when launching commercial satellites (for ‘hosted payloads’) which can be used to try out new products and technologies in space and thus helps to reduce both the costs and the time required to be able to offer new services;
Amendment 52 #
2013/2092(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that satellite networks help to meet the EU Digital Agenda targets with a view to achieving total coverage of the EU with broadband internet, particularly in remote areas; calls on the Commission, therefore, to ensure that, with reference to technological neutrality, the satellite internet is appropriately taken into account in the technology mix to be used to expand broadband, for example in the EU’s cohesion policy;
Amendment 53 #
2013/2092(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission therefore to analyse the current availability of, and future need for, radio frequencies for satellite communication and ensure, at the next ITU World Radio Communications Conference, that the EU’s interests and those of the satellite communication industry in the field of global and regional spectrum allocation are defended appropriately;
Amendment 43 #
2013/2006(INI)
Motion for a resolution
Subheading 1
Subheading 1
A ‘Renaissance of Industry for a Sustainabletrong Europe’ (RISE) Strategy: Principles, Goals, Coordination and Governance
Amendment 45 #
2013/2006(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission's focus on industrial policy (IP); strongly underlines that any future EU industrial policy must address the comparative weaknesses of its economy ranging predominantly from high energy prices and overburdening of enterprises, particularly SMEs;
Amendment 61 #
2013/2006(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that Europe’s future industrial strength lies in a Renaissance of Industry for a Sustainable Europe (RISE) strategy that pursues technological, business and social innovation towards a third industrial revolution including a low-carbon modernisation offensive; argues that RISE will create new markets, business models and creative entrepreneurs, new jobs and decent work, bringing an industrial renewal with economic dynamism, confidence and competitiveness; believes that energy and resource efficiency are key pillars of such a strategy;
Amendment 73 #
2013/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that RISE must be embedded in an ecological and social market economy in accordance with the principles of fair competition, the internalisation of externalities and environmentally conscious Ordnungspolitik; states that Europe’s future industrial competitiveness must be guided by the vision of sustainability;
Amendment 96 #
2013/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that RISE needs a long-term framework based on clear targets, indicators and a life-cycle and circular economy approach that steers investments into creativity, skills, innovation, sustainable and new technologies and promotes modernisation of Europe’s industrial base through a value chain-conscious policy that also includes the basic industries;
Amendment 119 #
2013/2006(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that RISE will only succeed if underpinned by an adequate macroeconomic framework and the necessary budgetary resources in order to leverage private investment; demands,plores in this context, a European green growth strategy. and deplores the Council’s cuts to MFF heading 1A;
Amendment 175 #
2013/2006(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that only with an innovation, and efficiency and sustainable technology offensive can the EU’s industrial base modernise and increase its core competitiveness;
Amendment 201 #
2013/2006(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 226 #
2013/2006(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and the Member States to urgently complete the single market for energy, telecoms, green products and venture capital;
Amendment 239 #
2013/2006(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Commission’s intention to develop a horizontal action plan to boost demand for innovative goods and services; calls on the Commission to use the environmental footprint to set sustainability and efficiency benchmarks for products;
Amendment 248 #
2013/2006(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that public procurement should be an innovation driver; believes that state aid guidelines should be open for innovation-enhancing policy measures; believes that standardisation and ecolabelling have an important role to play in the uptake of new technologies and should promote European cooperation;
Amendment 257 #
2013/2006(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes note of the Commission’s investigation into the reform of the internal market for industrial products; calls on the Commission to ensure that this does not lead to lowering standards;
Amendment 265 #
2013/2006(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Acknowledges the Commission’s smart regulation drive designed to reduce bureaucratic burdens without undermining the effectiveness of legislation; supports regulatory coherence and improved competitiveness proofing under the impact assessment guidelines; backs a cross- cutting regulatory approach and prioritisation;
Amendment 314 #
2013/2006(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Acknowledges the importance of the TTIP undertaking; advocates that it should endeavour to phase out fossil fuel subsidies; advocates newly defining the likeness of products by distinguishing them on the basis of their carbon footprint;
Amendment 336 #
2013/2006(INI)
Motion for a resolution
Subheading 4
Subheading 4
Financing to make European Iindustrial Turnaroundy robust
Amendment 432 #
2013/2006(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 459 #
2013/2006(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Calls for the swift implementation of the energy efficiency directive and the national action plans; calls on the EU to follow-up on the Reul report on renewable energy, setting an ambitious renewable energy target for 2030 and to work towards uniform and cost-efficient European production criteria for renewable energy; stresses that a reliable, secure and affordable energy supply is essential for the competitiveness of European industry;
Amendment 472 #
2013/2006(INI)
Motion for a resolution
Paragraph 60 a (new)
Paragraph 60 a (new)
60a. Highlights the hugely important role of the energy-intensive industries, which produce essential basic materials such as steel, cement, chemicals, metals or paper, for which energy is the main cost driver; stresses that these industries are subject to the risk of carbon leakage and that special precautions are therefore needed to avoid additional cost burdens and thus keep European energy-intensive production globally competitive;
Amendment 474 #
2013/2006(INI)
Motion for a resolution
Paragraph 60 b (new)
Paragraph 60 b (new)
60b. Highlights current trends in global energy prices, which are directly linked to prospecting for and extraction of unconventional oil and gas resources in the USA and elsewhere; notes that lower energy prices in the USA have permitted new industrial investments; stresses that significant deposits of this nature are also thought to exist in Europe and that prospecting for and extracting these domestic energy sources offers enormous opportunities for European industry too;
Amendment 507 #
2013/2006(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Takes the view that focusing more closely on regional industrial strengths and clusters could result in greater competitiveness for the structural development of Europe; calls for this to be taken duly into account in future institutional and structural developments in Europe;
Amendment 509 #
2013/2006(INI)
Motion for a resolution
Paragraph 65 b (new)
Paragraph 65 b (new)
65b. Takes the view that the European Union needs a smart mix of private industry and public institutions in order to boost the formation of value chains in the European Union.
Amendment 228 #
2013/2005(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes with concern indications that certain national action is again being taken to influence energy markets, especially as regards efforts to secure the supply of electricity, with Member States implementing national capacity- remuneration mechanisms without fully exploring the potential of cross-border solutions, thus interfering with and distorting market design, notably in their neighbouring Member States, and creating a risk of partitioning between national markets;
Amendment 273 #
2013/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that harmonisation of renewable- and efficiency-related incentives and of auxiliary energy costs across all Member States – or at least greater compatibility in this regard – is essential for a well-functioning internal energy market, at both the wholesale and retail level, and for creating favourable conditions for the long-term development of the low-emission energy sector, and that the single market offers major opportunities particularly for renewables;
Amendment 328 #
2013/2005(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to refrain from regulating energy retail prices at national level the through public subsidies, as such measures distort price signals, seriously threaten future investments in infrastructure and undermine free competition;
Amendment 397 #
2013/2005(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Looks forward to the Commission’s guidelines to help set ambitious policy objectives with regard to vulnerable consumers, and will assist the Member States in better defining their plans for this category of consumers; calls on the Commission to review, in parallel, existing mechanisms and instruments for protecting such consumers, with a view to propose measures aimed at a more coherent and comprehensive approach at EU-level within the existing system of competences;
Amendment 428 #
2013/2005(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to examine thoroughly the implications of integrating low-emission energy sources, especially renewables, into the energy grids with regard to financial support, system-wide technical requirements and market design; underlines that the lack of coordinated approach towards those sources has until now prevented their integration within the European energy systems; is convinced of the need to integrate these energy sources fully into the single market for energy in the medium to long term;
Amendment 19 #
2013/0442(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should not apply to energy related products covered by implementing measures adopted in accordance with Directive 2009/125/EC or by Chapter III or IV of Directive 2010/75/EU. Certain other combustion plants should also be exempted from the scope of this Directive, on the basis of their technical characteristics or their use in particular activities.
Amendment 22 #
2013/0442(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The emission limit values set out in Annex II should not apply to medium combustion plants located in the Canary Islands, French Overseas Departments, and the archipelagos of Madeira and Azores, because of the technical and logistical problems associated with those plants' isolated location. Member States should set emission values for those plants in order to reduce their emissions to air and the potential risks to human health and the environment.
Amendment 24 #
2013/0442(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In order to ensure the control of emissions of sulphur dioxide, nitrogen oxides and particulate matterdust into the air, each medium combustion plant should operate only if it is at least registered by the competent authority, based on notification by the operator. (This amendment applies throughout the text. Adopting it will necessitate correspondingOr. en changes throughout.)
Amendment 32 #
2013/0442(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules to control emissions of sulphur dioxide, nitrogen oxides and particulate matterdust into the air from medium combustion plants, and thereby reduce emissions to air and the potential risks to human health and the environment from such emissions. (This amendment applies throughout the text. Adopting it will necessitate correspondingOr. en changes throughout.)
Amendment 34 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) combustion plants which are covered by Chapter III or Chapter IV of Directive 2010/75/EU;
Amendment 37 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) energy related produccombustion plants which are covered by implementing measures adopted in accordance with Directive 2009/125/EC where those implementing acts are setting emission limit values for the pollutants listed in Annex II of this Directive;
Amendment 38 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) combustion plants in which the gaseus products of combustion are used for the direct heating, drying or any other treatment of objects or materials, e.g. melting furnaces, reheating furnaces, furnaces for heat treatment;
Amendment 41 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(fa) gas oil engines, gas turbines and gas engines used on offshore platforms, with the exception of new gas engines and new gas turbines which are used for mechanical drives;
Amendment 44 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f b (new)
Article 2 – paragraph 2 – point f b (new)
(fb) combustion plants firing refinery fuels alone or with other fuels for the production of energy within mineral oil and gas refineries;
Amendment 45 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f c (new)
Article 2 – paragraph 2 – point f c (new)
(fc) engines for the use in nuclear power plants;
Amendment 46 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This directive shall not apply to research activities, development activities or the testing activities relating to medium combustion plants. Member States may establish specific conditions for the application of this paragraph.
Amendment 48 #
2013/0442(COD)
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. Medium combustion plants which are covered by implementing measures adopted in accordance with Article 13(5) of Directive 2010/75/EU shall only be subject to the provisions of this Directive that exceed the scope covered by those implementing measures.
Amendment 49 #
2013/0442(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ’particulate matterdust’ means particles, of any shape, structure or density, dispersed in the gas phase at the sampling point conditions which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed, and which remain upstream of the filter and on the filter after drying under specified conditions; (This amendment applies throughout the text. Adopting it will necessitate correspondingOr. en changes throughout.)
Amendment 51 #
2013/0442(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ’existing combustion plant’ means a combustion plant put into operation before [13 year after the date of transposition] or for which a permit was granted before [2 years after the date of transposition] pursuant to national legislation provided that the plant is put into operation no later than [3 years after the date of transposition];
Amendment 57 #
2013/0442(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘operating hours’ means the time, expressed in hours, during which a combustion plant is operating and discharging emissions into the air, excluding start-up and shut-down periods;
Amendment 73 #
2013/0442(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Without prejudice to the provisions of Chapter II of Directive 2010/75/EU, where applicable, the emission limit values set out in Annex II shall apply to individual medium combustion plants. For medium combustion plants located in the Canary Islands, French Overseas Departments, and the archipelagos of Madeira and Azores, the emission limit values set out in Annex II shall not apply. Member States shall set emission limit values for these plants in order to reduce their emissions to air and the potential risks to human health and the environment.
Amendment 75 #
2013/0442(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States may exempt medium combustion plants which are part of an installation covered by Chapter II of Directive 2010/75/EU from compliance with the emission limit values set out in Annex II and the provisions of article 6 for those pollutants for which emission values apply pursuant to the provisions of article 13(5) and article 15(3) of Directive 2010/75/EU for these plants.
Amendment 81 #
2013/0442(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
Member States may exempt existing medium combustion plants which do not operate more than 53000 operating hours per year as a rolling average over a period of 5 years from compliance with the emission limit values set out in Part 1 of Annex II. In that case, for plants firing solid fuels, an emission limit value for particulate matterdust of 200 mg/Nm³ shall apply.
Amendment 98 #
2013/0442(COD)
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Member States may exempt new medium combustion plants which do not operate more than 1500 operating hours per year as a rolling average over a period of 5 years from compliance with the emission limit values set out in Part 2 of Annex II. In that case, for plants firing solid fuels, an emission limit value for particulate matterdust of 100 mg/Nm³ shall apply.
Amendment 109 #
2013/0442(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 116 #
2013/0442(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 118 #
2013/0442(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Limited life derogation 1. Member States may exempt existing medium combustion plants from compliance with the limit values set out in Part 1a, 1b and 1c of Annex II and the monitoring and reporting requirements set out in Article 6 and Annex IV for 5 years from the applicable dates set out in Article 5(2) provided that the following conditions are fulfilled: (a) the operator of the combustion plant undertakes, in a written declaration submitted to the competent authority by 1 January 2024, not to operate the plant for more than 11,000 operating hours, starting from 1 January 2030 and ending no later than 31 December 2034 for plants with a rated thermal input between 1 and 5 MW and starting from 1 January 2025 and ending no later than 31 December 2029 for plants with a rated thermal input above 5 MW; (b) the operator is required to submit each year to the competent authority a record of the number of operating hours since the applicable dates set out in Article 5(2) 2. Each Member State shall communicate to the Commission in the reports mentioned in paragraphs 1 and 2 of Article 12 a list of any combustion plants to which paragraph 1 applies, including their total rated thermal input and the fuel types used. For plants subject to paragraph 1, Member States shall communicate annually to the Commission a record of the number of operating hours since 1 January 2025 or 1 January 2030 as applicable.
Amendment 124 #
2013/0442(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 125 #
2013/0442(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 126 #
2013/0442(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 127 #
2013/0442(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
Amendment 128 #
2013/0442(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 – point b
Article 7 – paragraph 4 – subparagraph 1 – point b
Amendment 129 #
2013/0442(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 – point c
Article 7 – paragraph 4 – subparagraph 1 – point c
Amendment 130 #
2013/0442(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 132 #
2013/0442(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The operator shall notify the competent authority of any planned change to the medium combustion plant which would affect the applicable emission limit values. Such notification shall be provided at least one month before the change takes place.
Amendment 133 #
2013/0442(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Upon notification from the operator in accordance with paragraph 1, the competent authority shall register any such change within one month.
Amendment 134 #
2013/0442(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 135 #
2013/0442(COD)
Proposal for a directive
Article 13
Article 13
Amendment 136 #
2013/0442(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 137 #
2013/0442(COD)
Proposal for a directive
Article 14
Article 14
Amendment 139 #
2013/0442(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date: 1,52 years after the entry into force] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 142 #
2013/0442(COD)
Proposal for a directive
Annex I
Annex I
Information to be notifiprovided by the operator to the competent authority 1. Rated thermal input (MW) of the medium combustion plant; 2. Type of the medium combustion plant (diesel engine, gas turbine, dual fuel engine, other engine, other combustion plant); 3. Type and share of fuels used according to the fuel categories laid down in Annex II 4. TWhether the date of the start of the operation of the medium combustion plantis later than [1 year after the date of transposition]; 5. Sector of activity of the medium combustion plant or the facility in which it is applied (NACE code); 68. The expected number of operating hours of the medium combustion plant and the average load in use; 7. The applicable emission limit values, together with a declaration signed by the operator to operate the plant in accordance with those values, from the relevant date laid down in Article 5; 8. IIn case the third subparagraph of Article 5(2) is used, a declaration signed by the operator to operate the plant not more than 3000 operating hours per year as a rolling average over a period of 5 years and in case the seconthird subparagraph of Article 5(23) is used, a declaration signed by the operator to operate the plant not more than 31500 operating hours per year as a rolling average over a period of 5 years; 9. The name and the registered office of the operator and, in case of stationary medium combustion plants, the address where the plant is located.
Amendment 144 #
2013/0442(COD)
Proposal for a directive
Annex II – title
Annex II – title
Emission limit values referred to in Article 5(1)
Amendment 145 #
2013/0442(COD)
Proposal for a directive
Annex II – part 1
Annex II – part 1
Amendment 162 #
2013/0442(COD)
Proposal for a directive
Annex II – part 1 a (new)
Annex II – part 1 a (new)
Part 1a Emission limit values (mg/Nm3) for existing combustion plants with a total rated thermal input between 1 and 5 MW. Plants Solid Other solid Gas Oil Liquid Natural Gaseous other than biomass Fuels fuels other Gas fuels other engines than Gas than and gas Oil natural gas turbines Pollutant SO2 200(4)(4a) 1100 - 350 (8) - 200(5) NOx 650 650 200 650 250 250 Dust 50(6) 50(6) - 50 - - __________________ (4) The value does not apply in case of plants firing exclusively woody solid biomass. (4a) 300 mg/Nm3 in case of plants firing straw. (5) 400 mg/Nm³ in case of low calorific gases from coke oven (iron and steel industry). (6) Until 01/01/2035, 100 mg/Nm3. (8) Until 01/01/2035, 1700 mg/Nm3 in case of plants firing heavy fuel oil.
Amendment 163 #
2013/0442(COD)
Proposal for a directive
Annex II – part 1 b (new)
Annex II – part 1 b (new)
Part 1b Emission limit values (mg/Nm3) for existing combustion plants with a total rated thermal input above 5 MW. Plants Solid Other Gas Oil Liquid Natural Gaseous other than biomass solid fuels fuels other gas fuels other engines than Gas than and gas Oil natural turbines gas Pollutant SO2 200 (10) 400 (11) 350 (14) - 35 (7) (12) (10a) NOX 650 650 200 650 250 250 Dust 30 (13) 30 (13) 30 - - __________________ (7) 400 mg/Nm³ in case of low calorific gases from coke oven and 200 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (10) The value does not apply in case of plants firing exclusively woody solid biomass. (10a) 300 mg/Nm3 in case of plants firing straw. (11) 1100 mg/Nm3 in case of plants with total a rated thermal input between 5 and 20 MW. (12) 170 mg/Nm3 in case of biogas. (13) 50 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW. (14) Until 01/01/2035, 850 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW firing heavy fuel oil.
Amendment 164 #
2013/0442(COD)
Proposal for a directive
Annex II – part 1 c (new)
Annex II – part 1 c (new)
Part 1c Emission limit values (mg/Nm3) for existing engines and gas turbines Pollutant Type of Gas Oil Liquid fuels Natural Gaseous combustion plant other than gas fuels other than natural Gas Oil gas SO2 Engines and gas - 120 - 15(5) (6) turbines NOX Engines 190(1a) 190(1) (1b) 190(2) 190(2) Gas turbines (3) 200 200 150 200 Dust Engines and gas - 10(7) - - turbines __________________ (1) 1850 mg/Nm³ in the following cases :(i) for diesel engines the construction of which commenced before 18 May 2006; (ii) for dual fuel engines in liquid mode. (1a) 250mg/Nm³ in case of engine with total rated thermal input between 1 and 5 MW and in case of diesel engines the construction of which commenced before 18 May 2006. 1b) 250mg/Nm³ in case of engine with total rated thermal input between 1 and 5 MW when firing heavy fuel oil; 225 mg/Nm³ in case of engine with total rated thermal input between 5 and 20 MW when firing heavy fuel oil. (2) 380 mg/Nm³ for dual fuel engines in gas mode. (3) Emission limit values are only applicable above 70 % load. (5) 60 mg/Nm3 in case of biogas. (6) 130mg/Nm³ in case of low calorific gases from coke oven and 65 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (7) 20 mg/Nm3 in case of plants with a total rated thermal input between 1 and 20 MW.
Amendment 169 #
2013/0442(COD)
Proposal for a directive
Annex II – part 2
Annex II – part 2
Amendment 182 #
2013/0442(COD)
Proposal for a directive
Annex II – part 2 a (new)
Annex II – part 2 a (new)
Part 2a Emission limit values (mg/Nm3) for new combustion plants with a total rated thermal input between 1 and 5 MW. Plants other than engines and gas turbines Pollutant Solid Other solid Gas Oil Liquid Natural Gaseous biomass Fuels fuels other Gas fuels other than Gas than Oil natural gas SO2 200(1) 1100 - 350 (2) - 110 (3) NOx 500 500 200 300 (4) 100 200 Dust 50 50 - 50 - - __________________ (1) The value does not apply in case of plants firing exclusively woody solid biomass. (2) Until 01/01/2025, 1700 mg/Nm³ in case of plants being part of Small Isolated Systems (SIS) and Micro Isolated Systems (MIS). (3) 400mg/Nm³ in case of low calorific gases from coke oven and 200 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (4) Until 01/01/2025, 450 mg/Nm³ when firing heavy fuel oil containing between 0.2% and 0.3 % N and 360 mg/Nm³ when firing heavy fuel oil containing less than 0.2 % N in case of plants being part of SIS and MIS.
Amendment 183 #
2013/0442(COD)
Proposal for a directive
Annex II – part 2 b (new)
Annex II – part 2 b (new)
Part 2b Emission limit values (mg/Nm3) for new combustion plants with a total rated thermal input above 5 MW. Plants other than engines and gas turbines Pollutant Solid Other Gas Oil Liquid Natural Gaseous biomass solid fuels fuels gas fuels other than other than Gas Oil natural gas SO2 200 (8) 400 (9) 350 (5) - 35 (4) (10) NOX 300 300 200 300 (6) 100 200 Dust 20 (11) 20 (11) 20 - - __________________ (4) 400 mg/Nm³ in case of low calorific gases from coke oven and 200 mg/Nm³ in case of low calorific gases from blast furnace (iron and steel industry). (5) Until 01/01/2025, 1700 mg/Nm³ in case of plants being part of Small Isolated Systems (SIS) and Micro Isolated Systems (MIS) as defined in Directive 2009/72/EC. (6)Until 01/01/2025, 450 mg/Nm³ when firing heavy fuel oil containing between 0.2% and 0.3 % N and 360 mg/Nm³ when firing heavy fuel oil containing less than 0.2 % N in case of plants being part of SIS and MIS as defined in Directive 2009/72/EC. (8) The value does not apply in case of plants firing exclusively woody solid biomass. (9) 1100 mg/Nm3 in case of plants with a total rated thermal input between 5 and 20 MW. (10) 100 mg/Nm3 in case of biogas. (11) 30 mg/Nm3 in case of plants with total rated thermal input between 5 and 20 MW.
Amendment 184 #
2013/0442(COD)
Proposal for a directive
Annex II – part 2 c (new)
Annex II – part 2 c (new)
Part 2c Emission limit values (mg/Nm3) for new engines and gas turbines Pollutant Type of Gas Oil Liquid fuels other Natural Gaseous combustion plant than Gas Oil gas fuels other than natural gas SO2 Engines and gas - 120 (4) - 15(9) turbines NOX Engines(3a) (5) 190(1) 190(1) (2a) 95(2) 190 Gas turbines(3) 75 75(6) 50 75 Dust Engines and gas - 10(7)(10) - - turbines __________________ (1) 225 mg/Nm³ for dual fuel engines in liquid mode. (2) 190 mg/Nm³ for dual fuel engines in gas mode. (2a) 225 mg/Nm³ for diesel engines with a total rated thermal input equal to or below 20 MW with ≤ 1200 rpm. (3) Emission limit values are only applicable above 70 % load. (3a) Engines running between 500 and 1500 hours per year may be exempted from compliance with these emission limit values in case they are applying primary measures to limit NOX emissions and meet the emission limit values set out in footnotes (5). (4) Until 01/01/2025, 590 mg/Nm³ for diesel engines being part of SIS and MIS. (5) Until 01/01/2025 in SIS and MIS, 1850 mg/Nm3 for dual fuel engine in liquid mode and 380 mg/Nm3 in gas mode; 1300 mg/Nm³ for diesel engines with ≤ 1200 rpm equal to or below 20 MW and 1850 mg/Nm³ for diesel engines above 20 MW; 750 mg/Nm³ for diesel engines with > 1200 rpm. (6) Until 01/01/2025, 550 mg/Nm³ for plants being part of SIS and MIS. (7) Until 01/01/2025, 75 mg/Nm³ for diesel engines being part of SIS and MIS. (9) 40 mg/Nm3 in case of biogas. (10) 20 mg/Nm3 in case of plants with a total rated thermal input between 1 and 5 MW.
Amendment 185 #
Amendment 190 #
2013/0442(COD)
Proposal for a directive
Annex IV
Annex IV
Amendment 194 #
2013/0442(COD)
Proposal for a directive
Annex IV– point 5 a (new)
Annex IV– point 5 a (new)
5a. As an alternative to the periodic measurements referred to in point 1, Member States may require continuous measurements. In the case of continuous measurements, the automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year and the operator shall inform the competent authority about the results of those controls.
Amendment 195 #
2013/0442(COD)
Proposal for a directive
Annex IV – part 1 a (new)
Annex IV – part 1 a (new)
Part 1a: Assessment of compliance 1. In the case of periodic measurements, the emission limit values referred to in Article 5 shall be regarded as having been complied with if the results of each of the series of measurements or of the other procedures defined and determined according to the rules laid down by the competent authorities, do not exceed the relevant emission limit value. 2. In the case of continuous measurements, compliance with the emission limit values referred to in Article 5 shall be assessed as set out in point 1 of Part 4 of Annex V of Directive 2010/75/EU. The validated average values are determined as set out in points 9 and 10 of Part 3 of Annex V of Directive 2010/75/EU. For the purpose of the calculation of the average emission values, the values measured during the periods referred to in Article 5(6) and 5(7) as well as during the start-up and shut-down periods shall be disregarded.
Amendment 20 #
2013/0371(COD)
Proposal for a directive
Recital 3
Recital 3
(3) PLightweight plastic carrier bags with a thickness below 50 microns, which represent the vast majority of the total number of plastic carrier bags consumed in the Union, are less frequently re-used than thicker plastic carrier bags and more prone to littering.
Amendment 26 #
2013/0371(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The data available concerning the use of plastic carrier bags in the Union clearly show that consumption is low or has been reduced in those Member States where food retailers make plastic carrier bags available not free of charge, but instead against a small payment.
Amendment 28 #
2013/0371(COD)
Proposal for a directive
Recital 5
Recital 5
(5) To promote similar reductions of the average consumption level of lightweight plastic carrier bags, Member States should take measures to reduce the consumption of plastic carrier bags with a handle and a thickness below 250 microns that are supplied to consumers at the check-out facility (point of sale) in line with the overall objectives of the Union’s waste policy and the Union's waste hierarchy as provided for in Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives7. Such reduction measures should take account of current consumption levels of plastic carrier bags in individual Member States, with higher levels requiring more ambitious efforts. To monitor progress in reducing the use of lightweight plastic carrier bags national authorities will provide data on their use under article 17 of Directive 94/62/EC. __________________ 7 OJ L 312, 22.11.2008, p. 3.
Amendment 32 #
2013/0371(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Measures to be taken by Member States may involve the use of economic instruments such as taxes and levies, which have proved particularly effective to reduce the use of plastic carrier bags, as well as marketing restrictions such as bans in derogation of Article 18 of Directive 94/62/EC, subject to the requirements laid down in Articles 34 to 36 of the Treaty on the Functioning of the European Union that are supplied to consumers at the check-out facility (point of sale).
Amendment 36 #
2013/0371(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Measures to be taken by Member States factor in that for technical reasons the minimum wall thickness for bio-based bags that are biodegradable is 16 microns. Bags with a wall thickness below 16 microns can only be made from bio-based non-biodegradable material.
Amendment 43 #
2013/0371(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order not to impede the functioning of the internal market, the same conditions should apply throughout the Union in respect of the materials used. Differences in the way certain materials are dealt with in certain Member States are detrimental to recycling and trade.
Amendment 48 #
2013/0371(COD)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 94/62/EC
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
"2a. "lightweight plastic carrier bags” shall mean bags made of plastic materials as defined in Article 3(1) of Commission Regulation (EU) No 10/2011* with a wall thickness below 250 microns and which are supplied to consumers at the till in the point of sale of goods or products. _________________ * OJ L 12, 15.01.2011, p. 1."
Amendment 55 #
2013/0371(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1 a – subparagraphs 1 and 2
Article 4 – paragraph 1 a – subparagraphs 1 and 2
'1a. Member States shall take measures to achieve a reduction in the consumption of lightweight plastic carrier bags that are supplied to consumers at the check-out facility (point of sale) on their territory within two years of entry into force of this Directive. These measures may include the use of national reduction targets, and economic instruments as well as marketing restrictions in derogation from Article 18 of this Directive.
Amendment 62 #
2013/0371(COD)
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 94/62/EC
Article 4 – paragraph 1b (new)
Article 4 – paragraph 1b (new)
(2a) In Article 4, the following paragraph is inserted: 1b. With that aim in view, Member States shall ascertain to what extent food retailers charging for plastic carrier bags has helped to reduce consumption.
Amendment 19 #
2013/0344(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Union is endeavouring to secure a future international agreement to control greenhouse gas impacts from aviation and, in the . Developmeantime, is limiting climate change impacts from aviation activities to and from aerodromes in the Union by autonomous action. In order to ensure that these objectives are mutually supportive and not in conflict, it is appropriate to take account of developments at and positions taken in international fora and in particular to take account ofs at and positions taken in international fora will be taken into account, as will, in particular, the Resolution containing the “Consolidated statement of continuing ICAO policies and practices related to environmental protection” adopted at the 38th session of the Assembly of the International cCivil Aviation Organisation (ICAO).
Amendment 22 #
2013/0344(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 26 #
2013/0344(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 30 #
2013/0344(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 31 #
2013/0344(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 34 #
2013/0344(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 37 #
2013/0344(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 41 #
2013/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 28 a – paragraph 1 – subparagraph 1 – point a
Article 28 a – paragraph 1 – subparagraph 1 – point a
all emissions from flights to and from countries outside the European Economic Area in each calendar year between 2013 and 202013;
Amendment 42 #
2013/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 28 a – paragraph 1 – subparagraph 1 – point a a (new)
Article 28 a – paragraph 1 – subparagraph 1 – point a a (new)
(aa) all emissions from flights to and from countries within the European Economic Area in each calendar year between 2013 and 2020;
Amendment 44 #
2013/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 28 a – paragraph 1 – subparagraph 1 – point b
Article 28 a – paragraph 1 – subparagraph 1 – point b
Amendment 51 #
2013/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 28 a – paragraph 1 – subparagraph 2
Article 28 a – paragraph 1 – subparagraph 2
Amendment 62 #
2013/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2003/87/EC
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Amendment 173 #
2013/0309(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) To take account of the convergence of the once separate markets in traditional telecommunications services and information society services, the scope of this Regulation covers all services which mainly serve communications purposes or are primarily used by consumers for communication, in order to secure an appropriate level of consumer protection. Services which do not mainly serve communications purposes and are thus not essentially communicative in nature, such as online banking services or location-based services, will continue to be excluded from its scope.
Amendment 187 #
2013/0309(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Radio spectrum is a public good and an essential resource for the internal market for mobile, wireless broadband and, satellite communications and broadcasting in the Union. Development of wireless broadband communications contributes to the implementation of the Digital Agenda for Europe and in particular to the aim of securing access to broadband at a speed of no less than 30 Mbps by 2020 for all Union citizens and of providing the Union with the highest possible broadband speed and capacity. However, the Union has fallen behind other major global regions - North America, Africa and parts of Asia - in terms of the roll-out and penetration of the latest generation of wireless broadband technologies that are necessary to achieve those policy goals. The piecemeal process of authorising and making available the 800 MHz band for wireless broadband communications, with over half of the Member States seeking a derogation or otherwise failing to do so by the deadline laid down in the Radio Spectrum Policy Programme (RSPP) Decision 243/2012 of the European Parliament and the Council,23 testifies to the urgency of action even within the term of the current RSPP. Union measures to harmonise the conditions of availability and efficient use of radio spectrum for wireless broadband communications pursuant to Decision 676/2002/EC of the European Parliament and the Council24 have not been sufficient to address this problem. __________________ 23 Decision No 243/2012/EU of the European Parliament and the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7). 24 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
Amendment 198 #
2013/0309(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It should also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on "Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband" adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 GHz bands under Directive 2002/21/EC.
Amendment 292 #
2013/0309(COD)
Proposal for a regulation
Recital 72
Recital 72
Amendment 295 #
2013/0309(COD)
Proposal for a regulation
Recital 73
Recital 73
Amendment 299 #
2013/0309(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) The Digital Agenda for Europe and Regulation No 531/2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero. In practical terms, this requires that consumers falling into any of the broad observable categories of domestic consumption, identified by reference to a party's various domestic retail packages, should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union, without additional costs to those incurred in a domestic setting. Such broad categories may be identified from current commercial practice by reference, for example, to the differentiation in domestic retail packages between pre-paid and post- paid customers; GSM-only packages (i.e. voice, SMS); packages adapted for different volumes of consumption; packages for business and consumer use respectively; retail packages with prices per unit consumed and those which provide "buckets" of units (e.g. voice minutes, megabytes of data) for a standard fee, irrespective of actual consumption. The diversity of retail tariff plans and packages available to customers in domestic mobile markets across the Union accommodates varying user demands associated with a competitive market. That flexibility in domestic markets should also be reflected in the intra-Union roaming environment, while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different Member States may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption. This serves to prevent abuses which would have an adverse effect on national competition.
Amendment 303 #
2013/0309(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) While it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls, SMS and data to be covered at domestic rates under their various retail packages, national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers. In so doing, national regulatory authorities should take utmost account of relevant guidance from BEREC, based on the results of a public consultation. In its guidance, BEREC should identify various usage patterns substantiated by the underlying voice, data and SMS usage trends at the Union level, and the evolution of expectations as regards in particular wireless data consumption.
Amendment 323 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) to secure uniform starting conditions and conditions of competition between providers of electronic communication services and providers of information society services.
Amendment 337 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) "harmonised radio spectrum for wireless broadband communications" means radio spectrum for which the conditions of availability and efficient use are harmonised at Union level, in particularaccordance with Directive 2002/21/EC and pursuant to Decision 676/2002/EC of the European Parliament and the Council,27 and which serves for electronic communications services other than broadcasting; __________________ 27 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
Amendment 389 #
2013/0309(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
(1) This section shall apply to harmonised radio spectrum for wireless broadband communications, subject to the provisions of Articles 8a and 9 of Directive 2002/21/EC.
Amendment 432 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the technical characteristics and the current and planned use of different available radio spectrum bands,;
Amendment 435 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) the efficient use of radio spectrum bands already allocated for mobile broadband;
Amendment 440 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point b a (new)
Article 10 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) taking into account the costs incurred by the user in clearing the spectrum range.
Amendment 444 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
(a) appropriately reflect the social and economic value of the radio spectrum, including beneficial externalities, and do not exceed the market value;
Amendment 456 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 a (new)
Article 10 – paragraph 5 – subparagraph 1 a (new)
When deciding whether to apply restrictions for mobile access obligations, national authorities must justify their decisions by means of a comprehensive evaluation of market characteristics and provide proof of market failure. In addition, the decision must precede an impact assessment of the network operators’ investments; there must be regular reviews of commitments undertaken.
Amendment 462 #
2013/0309(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Where the technical conditions for the availability and efficient use of harmonised radio spectrum for wireless broadband communications make it possible to use the relevant radio spectrum under a general authorisation regime, national competent authorities shall avoid imposing any additional condition and shall prevent any alternative use from impeding the effective application of such harmonised regime. Article 2(2)(8) shall be excluded from this rule.
Amendment 740 #
2013/0309(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30a Application of general principles regarding information society service providers National supervisory authorities shall ensure that the rights of national consumers are not undermined. Information society service providers shall comply with the principles of transparency and non-discrimination, including measures to facilitate the switching of providers, interoperability and digital content search neutrality.
Amendment 764 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 3
Article 37 – point 3
Regulation (EU) 531/2012
Article 4 – paragraph 7
Article 4 – paragraph 7
7. This article shall not apply to roaming providers that provide regulated retail roaming services in accordance with Article 4aFollowing the abolition of roaming charges, this article no longer applies.
Amendment 771 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation (EU) No 531/2012
Article 6a
Article 6a
By 31 December 20146, BEREC shall, after consulting stakeholders and in close cooperation with the Commission, lay down general guidelines for the application of reasonable use criteria in the retail contracts provided by roaming providers availing of this Article. BEREC shall develop such guidelines by reference to the overall objective set out in the first subparagraph, and shall have regard in particular to the evolution of pricing and consumption patterns in the Member States, to the degree of convergence of domestic price levels across the Union, to any observable effect of roaming at domestic service rates on the evolution of such rates, and to the evolution of wholesale roaming rates for unbalanced traffic between roaming providers.
Amendment 773 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 3 a (new)
Article 37 – point 3 a (new)
Regulation (EU) No 531/2012
Article 5
Article 5
(3a) The following paragraph 7 is added to Article 5: 7. Following the abolition of roaming charges, this article no longer applies.
Amendment 786 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 – point a
Article 37 – point 5 – point a
Regulation (EU) 531/2012
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 791 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 6
Article 37 – point 6
Regulation (EU) 531/2012
Article 14 – paragraph 1 a
Article 14 – paragraph 1 a
Amendment 792 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 7
Article 37 – point 7
Regulation (EU) 531/2012
Article 15 – paragraph 2a
Article 15 – paragraph 2a
2a. WhenFrom 1 July 2017, where the consumption of regulated retail roaming services at the applicable domestic service rate is limited by reference to a reasonable use criterion in accordance with Article 46a(2), roaming providers shall alert roaming customers when the consumption of data roaming services has reached the reasonable use limit and at the same time shall provide roaming customers with basic personalised pricing information on the roaming charges applicable to data roaming outside the domestic service rate or package in accordance with paragraph 2 of this Article.« Paragraph 3 of this Article shall apply to data roaming services consumed outside the applicable domestic service rates or packages referred to in Article 46a(2).
Amendment 805 #
2013/0309(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Regulation (EU) No 531/2012
Article 4 – paragraph 6a (new)
Article 4 – paragraph 6a (new)
The Commission shall submit reports on the evaluation and review of this Regulation to the European Parliament and the Council at regular intervals. The first report shall be submitted no later than 1 July 2018. Subsequent reports shall be submitted every four years thereafter. The Commission shall, if necessary, submit appropriate proposals with a view to amending this Regulation, and aligning other legal instruments, taking account in particular of developmencomprehensively assess and review the entire regulatory framework applicable to electronic communications and, by 31 March 2015 at the latest, notify the European Parliament and Council of its fin dinformation technology and of the state of progress in the information society. The reports shall be made publicgs, together with any proposed amendments.
Amendment 808 #
2013/0309(COD)
Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 (new)
Article 39 – paragraph 1 – subparagraph 1 (new)
The Commission review
Amendment 812 #
2013/0309(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point 1 (new)
Article 39 – paragraph 1 – point 1 (new)
(1) assess the possibility of ending asymmetric and SMP-based pricing and access arrangements;
Amendment 814 #
2013/0309(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point 2 (new)
Article 39 – paragraph 1 – point 2 (new)
(2) shall assess the continued need for the existing arrangements applicable equally to all market operators on the value chain;
Amendment 815 #
2013/0309(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point 3 (new)
Article 39 – paragraph 1 – point 3 (new)
(3) shall ensure that consumers and digital service users are able to control their digital identity and data and that measures are taken to facilitate a switch between different operating systems with no loss of applications or data;
Amendment 817 #
2013/0309(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point 4 (new)
Article 39 – paragraph 1 – point 4 (new)
(4) ensure a level playing field and equal competition with regard to telecommunications and OTT services, thereby ensuring adequate protection for OTT service users, taking particular account of the principles of transparency, non-discrimination and interoperability and the need to facilitate the switching of providers.
Amendment 35 #
2013/0224(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to ships above 5000 gross tons in respect of emissions released during their voyages from the last port of call to a port under the jurisdiction of a Member State and from a port under the jurisdiction of a Member State to anotheir next port of call, as well as within portsport under the jurisdiction of a Member State.
Amendment 64 #
2013/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point g
Article 21 – paragraph 2 – point g
(g) annual average fuel consumption and greenhouse gas emissions per distance travelled and cargo carried on voyages falling within the scope of this Regulation;
Amendment 66 #
2013/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point h
Article 21 – paragraph 2 – point h
Amendment 68 #
2013/0224(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where an international agreement on global measures to reduce greenhouse gas emissions from maritime transport is reached, the Commission shall review this Regulation and may, if appropriate, propose amendments to this Regulationundertakes to propose immediately the incorporation of the internationally agreed provisions into Community law.
Amendment 70 #
2013/0224(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 72 #
2013/0224(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 26 #
2013/0080(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures to reduce the cost of deploying high-speed electronic communications networks (Text with EEA relevance)
Amendment 36 #
2013/0080(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Digital Agenda has also identified the need for policies to lower the costs of broadband deployment in the entire territory of the Union, including proper planning and coordination, cross-sectoral, convergent use of existing communications infrastructure, including modern broadcasting technology infrastructure, better regulation and reducing administrative burdens.
Amendment 38 #
2013/0080(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The rolling out of high-speed fixed and wireless electronic communications networks across the Union requires substantial investments a significant portion of which is represented by the cost of civil engineering works. The abandonment of (some) cost-intensive civil engineering work can contribute to effective broadband delivery.
Amendment 44 #
2013/0080(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It can be significantly more efficient for electronic communications network operators, in particular new entrants, to re- use existing physical infrastructures, including those of other utilities, in order to roll-out electronic communications networks, in particular in areas where no suitable electronic communications network is available or where it may not be economically feasible to build-up a new physical infrastructure. MoreoverTherefore, synergies across sectors may significantlyshould also be explored to see whether they can reduce the need for civil works due to the deployment of electronic communications networks and therefore also the social and environmental costs linked to them, such as pollution, nuisances and traffic congestion. Therefore this Regulation should be applicable not only to electronic communications network providers but to any owner or holder of rights to use extensive and ubiquitous physical infrastructures suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage, heating and transport services.
Amendment 45 #
2013/0080(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It can be significantly more efficient for electronic communications network operators, in particular new entrants, to re- use suitable existing physical infrastructures, including those of other utilities, in order to roll-out electronic communications networks, in particular in areas where no suitable electronic communications network is available or where it may not be economically feasible to build-up a new physical infrastructure. Moreover, synergies across sectors may significantly reduce the need for civil works due to the deployment of electronic communications networks and therefore also the social and environmental costs linked to them, such as pollution, nuisances and traffic congestion. Therefore this Regulation should be applicable not only to electronic communications network providers but to any owner or holder of rights to use extensive and ubiquitous physical infrastructures suitable to host electronic communications network elements, such as physical networks for the provision of electricity, gas, water and sewage, heating and transport services.
Amendment 49 #
2013/0080(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In view of their low degree of differentiation, physical facilities of such networks can often host at the same time a wide range of electronic communications network elements, including those capable of delivering broadband access services at speeds of at least 30 Mbps in line with the technological neutrality principle, without affecting the main service conveyed and with minimum adaptation costs. Therefore a physical infrastructure that is intended to only host other elements of a network without becoming itself an active network element, can be in principle used to accommodate electronic communications cables, equipment or any other element of electronic communications networks, regardless of its actual use orprovided that the physical infrastructure its ownership. Without prejudice to the pursuinot ruled out ofn the specific general interest linked to the provision of the main service, synergies across network operators should be encouraged in order to contribute at the same time to achieving the targets of the Digital Agendaechnical or health- related grounds and that its ownership and any user rights are respected.
Amendment 51 #
2013/0080(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In view of their low degree of differentiation, physical facilities of such networks can often host at the same time a wide range of electronic communications network elements, including those capable of delivering broadband access services at speeds of at least 30 Mbps in line with the technological neutrality principle, without affecting the main service conveyed and with minimum adaptation costs. Therefore a physical infrastructure that is intended to only host other elements of a network without becoming itself an active network element, can be in principle used to accommodate electronic communications cables, equipment or any other element of electronic communications networks, regardless of its actual use or its ownership. Without prejudice to the pursuit of the specific general interest linked to the provision of the main service, synergies across network operators, including the integration of all available technologies, should be encouraged in order to contribute at the same time to achieving the targets of the Digital Agenda.
Amendment 74 #
2013/0080(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) ‘network operator’ means an electronic communications network provider as well as an undertaking providing a physical infrastructure intended to provide: a service of production, transport or distribution of gas, or electricity, including public lighting, heating, water, including disposal or treatment of waste water and sewage;; or transport services, including railways, roads, ports and airports;
Amendment 81 #
2013/0080(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Every network operator shall have the right to offer access to its physical infrastructure in view of deployment of elements of high-speed electronic communications networks, provided that the deployment has the approval of the owners and the authorities responsible.
Amendment 84 #
2013/0080(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
(2) Upon specific written request of an undertaking authorised to provide electronic communications networks, any network operator shall have the obligation to meet allconsider reasonable requests for access to its physical infrastructure under fair terms and conditions, including price, in view of deploying elements of high-speed electronic communications networks, and should propose terms for the shared use of its physical infrastructure.
Amendment 103 #
2013/0080(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The network operator shall state the reasons for any refusal within onesix months from the written request for access.
Amendment 107 #
2013/0080(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
(5) The national dispute settlement body referred to in paragraph 4 shall, taking full account of the principle of proportionality, issue a binding decision to resolve the dispute initiated pursuant to paragraph 4, including the determina recommendation of fairn terms, conditions and prices where appropriate, within the shortest possible time frame and in any case within four months, without prejudice to the possibility of any party to refer the case to a court. Any price set by the dispute settlement body shall take into account the impact of the requested access on the business plan underpinning the investments made by the network operator to whom access is requested, in particular in case of recently built physical infrastructures used for the provision of high-speed electronic communications services.
Amendment 134 #
2013/0080(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
(4) Where minimum information referred to in paragraph 1 is not available via the single information point, network operators shall provide access to such information upon specific written request of an undertaking authorised to provide electronic communications networks. The request shall specify the area concerned in view of deploying elements of high-speed electronic communications networks. Access to information shall be granted within onesix months from the written request under proportionate, non-discriminatory and transparent terms, without prejudice to limitations pursuant to paragraph 1.
Amendment 137 #
2013/0080(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 35 #
2013/0049(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 62 #
2013/0049(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 7 #
2012/2259(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the share in Europe’s energy mix accounted for by renewable energy sources (RES) is growing in the short, medium and long term, and whereas RES make a significant contribution to guaranteeing a secure, independent, diversified and low-emission energy supply for Europe;
Amendment 47 #
2012/2259(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas in recent years technological advances have been made in the area of energy generation from RES, and whereas the European Union is a world leader in this area;
Amendment 59 #
2012/2259(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the development of RES is largely dependent on private investment, and whereas investors require security and continuity for their projected investments beyond 2020;
Amendment 76 #
2012/2259(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Agrees with the Commission that, in future, RES will account for a growing share of energy provision in Europe, both for electricity supply and, for the heating and cooling and for the transport sectors, and that they will reduce Europe’s dependence on conventional energy;
Amendment 98 #
2012/2259(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that secure, affordable and environmentally sound energy provision is indispensable for the competitiveness of European industry; emphasises, therefore, that the energy supply system needs to be overhauled and the share of RES in all relevant sectors increased in a manner that is cost-efficient and without prejudice to supply security;
Amendment 143 #
2012/2259(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that, so far, only some of the renewables on the energy marketin particular renewables which have long been shown to be technologically viable are economically competitive on the energy market, although certain other newer technologies are closing the gap with market prices; agrees with the Commission that all available means must be used to bring the costs down and make all RES economically competitive;
Amendment 168 #
2012/2259(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the internal market in gas and electricity is to be completed by 2014; welcomescalls on the Commission’s intention to report to use all the instruments available to it to bring the near future on the state of progress towards completion of the internal energy marketinternal energy market closer to completion as quickly as possible;
Amendment 213 #
2012/2259(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that RES must be fully integrated into the European internal energy market in all the Member States without delay and that in the long term they must take on stabilising functions and tasks within the system that have previously been performed by conventional energy sources; calls, in that connection, for greater account to be taken, in planning and implementation, of the positive and negative and direct and indirect side effects of RES, in particular as regards existing infrastructure, such as transmission and distribution systems, and the natural world, biodiversity and nature conservation; calls on the Commission and the Member States to raise public awareness of the positive and negative effects of the various RES technologies;
Amendment 221 #
2012/2259(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to consider what impact existing environmental law, such as the Water Framework Directive or the Birds Directive, will have on the development of RES;
Amendment 261 #
2012/2259(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that many of the best and most competitive locations for RES in the EU are at a considerable distance from the centres of energy consumption; notes that the use of such locations is contingent on the development of transmission systemsand distribution systems; emphasises that authorisation procedures for energy infrastructure projects must be speeded up;
Amendment 275 #
2012/2259(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Recalls that one aim of Union energy policy is to promote the interconnectedness of energy systems; calls for the development of connections between the Member States to be speeded up, as their development would make a decisive contribution to integrating RES more fully into the European internal energy market;
Amendment 284 #
2012/2259(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underscores the need for electricity storage solutions to facilitate the integration of RES into the energy supply; re-emphasises the urgent need for further research into electricity storage; notes in particular the need for further research into variable-speed storage options, which offer a more flexible system of controlling storage speeds and thus facilitate faster and better-matching connections; calls on the Member States to avoid imposing a double tax burden on electricity storage operators;
Amendment 310 #
2012/2259(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Draws attention to the potential savings to be made by taking account of the passage of the sun through Europe’s different time zones when developing RES;
Amendment 324 #
2012/2259(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission and the Member States to pay more attention to the untapped potential of RES in the heating and cooling sector and to the interdependencies between and opportunities arising from increased renewable energy use on the one hand and the implementation of the Energy Efficiency and Buildings Directives on the other;
Amendment 341 #
2012/2259(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises that world markets for RES are growing and that this will have a positive impact on prices and on the further development of existing technologies; stresses that European companies are important players in this sector;
Amendment 386 #
2012/2259(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the Commission’s announcement that it will issue a communication on energy technology policy in 2013; calls on the Commission not to discriminate against proven RES technologies which have been used for many years and to include a focus on storage technologies;
Amendment 23 #
2012/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises the benefits to Member States of working together for an energy system transformation which must start now; endorses, therefore, the Commission’s Energy Roadmap 2050 as the basis for proposing legislative and other initiatives on energy policy with a view to developing a policy framework for 2030, including milestones anda targets; notes that defining energy targets for 2050 assumes pan-European governance; pursues, within the spirit of the Union, a strategy that will allow Member States to cooperate and not feel repressed under the Roadmap;
Amendment 40 #
2012/2103(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the outlining of scenarios in the Commission’s Energy Roadmap 2050; emphasises that both the scenarios based on current trends and those based on decarbonisation are simply projections, which certainly do not cover the full range of possibilities and can thus do no more than offer ideas for the future structure of Europe’s energy supply; emphasises that the projections prepared for the Commission’s Energy Roadmap 2050 need to be further developed, including on the basis of models other than the PRIMES energy system model, and that additional low-carbon scenarios need to be outlined (e.g. ‘increased use of nuclear energy’ and ‘increased use of gas with CCS’) in order to promote a better understanding of the alternative approaches to developing a secure, cost- effective, low-emission energy supply for Europe in the future;
Amendment 56 #
2012/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of the EU’s energy policy amidst the economic and financial crisis; emphasises the role that energy could potentially play in spurring growth and competitiveness in the EU; calls on the Commission to propose post- 2020 strategies and to present a 2030 policy framework for European energy policy; encourages the Member States to step up their ongoing efforts to reach the current 2020 targets in the area of EU energy policy;
Amendment 57 #
2012/2103(INI)
Motion for a resolution
Paragraph 3 – a (new)
Paragraph 3 – a (new)
3a. Notes that in order to make an informed and balanced decision regarding post 2020 strategies, a review of the existing 2020 strategies will be necessary;
Amendment 99 #
2012/2103(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that it is in the competence of each Member State to define its own energy mix; acknowledges that the Energy Roadmap 2050 complements national, regional and local efforts to modernise energy supply; acknowledges, therefore, the need for Member States to work together on the basis of common objectives, as well as the important role to be played by the EU; urges the Member States and the Commission to continue to pursue options which can meet the EU’s decarbonisation objective in an economically efficient, safe and sustainable way, and to continue with efforts at national level to fully tap the potential for cost-effective energy savings, supported, inter alia, by available Union financial instruments; recognises, at the same time, the merits of developing a coordinated and, where appropriate, common European approach;
Amendment 109 #
2012/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 129 #
2012/2103(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges the conclusions reached in the Energy Roadmap 2050 that there are similarities between the actions that must be taken in the analysed scenarios in order to transform the EU’s energy system, regardless of the specific path chosen to achieve a low-carbon 2050 energy system; believes that renewable energy, energy efficiency and energy infrastructure are ‘no regrets’ options but recognises the considerable costs they will entail;
Amendment 146 #
2012/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises that a higher share of renewable energy beyond 2020 is a key aspect of a more sustainable energy system while stressing that renewables alone cannot pave the way to decarbonisation and must be combined with alternative sources of energy; recognises, furthermore, that all of the decarbonisation scenarios explored in the Commission communication assume an increased share of renewable energy in the EU energy mix of around 30% in gross final energy consumption in 2030;
Amendment 154 #
2012/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that improved energy efficiency and energy savings will play an essential role in the transformation of the energy system, and that meeting the 2020 objectives is an important basis for further progress up to 2050; recommends therefore that the Member States and the Commission do more to include national ideas and involve national development banks and to support exchanges of best practice; recommends, in this respect, that energy efficiency be integrated into national educational curricula in the Member States;
Amendment 160 #
2012/2103(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Accordingly urges on more energy efficiency actions that would address the problem of energy poverty which is mainly focused on heat in the EUs societies. At the same time, calls for analysis and revision of national legislation that is an obstacle to energy efficiency investments/optimisation of heat production and use in some Member States (taxation, public procurement, heat pricing etc.);
Amendment 180 #
2012/2103(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need for immediate actions to ensure the continuity of energy supply, increase investor certainty and minimise bottlenecks; Delays not only will increase costs but will also delay the development of the necessary technologies;
Amendment 225 #
2012/2103(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls the role of projects such as Desertec and the use of renewable energy sources in neighbouring regions; Highlights the prospect of 'Project Helios' in transporting electricity produced by renewable energy from South East Europe to Central Europe as well as further expansion of wind energy in the North Sea and other regions; Emphasises that the opportunity to import electricity produced from renewable sources from neighbouring regions needs to be complemented by encouraging and facilitating the development of renewable and low-emission sources of energy, e.g. in the Southern Mediterranean and in the North Sea region, and more interconnections within European networks;
Amendment 258 #
2012/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that, as Member States pursue the goal of energy security and energy independence, emphasis needs to be shifted towards a model of energy interdependence by ensuring the swift completion of the EU internal energy market and the EU supergrid infrastructure linking North and South, and East and West; highlights the importance of ensuring that policy and regulatory developments in Member States will eliminate remaining infrastructure ‘bottlenecks’ and will not create new barriers to electricity and gas or energy market integration; stresses, moreover, that energy policy decisions in each national system need to take account of how such decisions could affect other Member States;
Amendment 270 #
2012/2103(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the need to increase the incentives of investors in the energy market by increasing profitability and easing - without relaxing - the bureaucratic procedures;
Amendment 371 #
2012/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the importance of Carbon Capture Storage (CCS) on the road to 2050 and decarbonisation; stresses that CCS ought to be ready by 2030 if fossil fuels are to remain significant in the energy mix; highlights that CCS is also anis still at the research and development stage; notes that CCS or other alternative technologies will in future be important options for the decarbonisation of several heavy industries and could, combined with biomass, deliver ‘carbon negative’ values;
Amendment 392 #
2012/2103(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Agrees with the Commission that nuclear energy continues to play a key role in Europe's energy supply, remains a key source for low-carbon electricity generation and provides a significant contribution to the transformation of the energy system in those Member States where it is pursued;
Amendment 401 #
2012/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. While recognising that the EU operates in a global context and acting alone may not bring all the expected benefits, recalls the November 2011 TTE Council Conclusions on strengthening the external dimension of the EU energy policy, the need for a broader and more coordinated EU approach to international energy relations in order to meet global energy challenges and climate change, address competitiveness and carbon leakage related issues and maintain and promote the highest nuclear safety standards, while at the same time ensuring the safe, secure and diversified supply of energy;
Amendment 420 #
2012/2103(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities in relations with its neighbours with view to establish a common legal area based on the acquis-related principles and norms of the internal energy market; stresses the importance of further extending the Energy Community and setting up legal control mechanisms to deal with deficient acquis implementation;
Amendment 422 #
2012/2103(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Reminds the Commission that the EU's energy policy must be in line with other priority policies of the Union, including its security, foreign, neighbourhood, trade, and development policies, to ensure the effectiveness of its energy policy as well as the coherence and credibility of its foreign policy;
Amendment 427 #
2012/2103(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that there will be no compromise on safety and security of either traditional (e.g. nuclear) or new energy sources (e.g. unconventional oil and gas) and believes that the EU should continue efforts to strengthen the safety and security framework and take a lead on international efforts in this field;
Amendment 449 #
2012/2103(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EU to continue to play an active role in the international negotiations on the global climate deal; takespoints out that only a globally binding agreement can be effective here and that further unilateral steps will have the effect of weakening domestic industrial competitiveness; is of the opinion that climate diplomacy should come under the umbrella of the European External Action Service (EEAS); stresses that the EU needs to know what the consequences of a failure to conclude a global climate change agreement would be;
Amendment 473 #
2012/2103(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Believes that prices play a crucial role in energy-related investment and energy production; notes that the different Member States’ policies to promote renewable energy show both successes and problems; takes the opinion that the recent relatively high prices of fossil fuels promote the development of renewable energy; notes, however, that in some Member States the promotion of renewable energy by means of financial support could lead to high energy prices thus creating energy poverty;
Amendment 474 #
2012/2103(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Highlights the role of research, at both EU and Member State level, in facilitating new technological developments and progress on the energy front and enabling the Union to maintain its technological edge so that energy system changes promote growth and create new jobs;
Amendment 501 #
2012/2103(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to ensure that Horizon 2020 and the European Innovation Partnerships under the Innovation Union prioritise the need to develop all types of sustainable low carbon technologies in order to spur EU competitiveness, promote job opportunities and bring about a change in consumercreate incentives to responsible energy behaviour;
Amendment 524 #
2012/2103(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Welcomes the forthcoming Commission Communication on CCS, on the internal market, on energy efficiency and energy technologies with a view to making further progress on the political choices identified in the Energy Roadmap 2050;
Amendment 120 #
2012/2042(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the Commission’s Communication on reinforcing the competitiveness of Europe’s industries; regrets that neither the concept ofcognises that the Commission has begun to implement competitiveness-proofing norand the ex-post evaluation of legislation affecting industry are mentioned; insists that the Commission should apply this concept consistently and thoroughly, even in cases in which changes to the implementation provisions of European legislation impact on industrial competitiveness (for example in the event of changes to the auction rules in emissions trading); calls on the Commission to report regularly on progress achieved in this field;
Amendment 5 #
2012/2016(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that EU policies and the EU budget should make a substantial contribution to the revitalisation of sustainable growth in the EU and to addressing major societal challenges such as resource scarcityenergy supplies, securing supplies of raw materials and climate change;
Amendment 31 #
2012/2016(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the pivotal role of EU flagship programmes such as Horizon 2020, COSME and the Connecting Europe Facility; calls for more substantial resources to be mobilised in order to boost the greeEuropean economy as a key driver for future competitiveness and resilience;
Amendment 18 #
2012/2005(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Energy Roadmap 2050 underlines that full integration of the European energy networks and the opening up of markets are critical for maintaining the balance between energy security, competitiveness, cost efficiency, the aim of a low-emission economy and consumer satisfaction;
Amendment 102 #
2012/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that vulnerable consumers must be protected and that, to that end, effective mechanisms must be put in place at the appropriate levels of responsibility, while distortions of the energy market are avoided; considers that the most effective mechanisms are framework conditions for energy policy in which, without disproportionate interference in free competition and the market, affordable pricing is as much a consideration as supply security and environmental impact;
Amendment 128 #
2012/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the internal energy market falls short ofdoes not yet, in all cases, fully satisfying the needs and expectations of consumers, as they continue tooften face high prices, and a limited choice of suppliers, an overall lowthe quality of services and difficulties in switching supplieris not always satisfactory and there are difficulties in switching supplier – these problems being due in part to state- induced pressures and/or incomplete implementation of the third internal energy market package; stresses, therefore, the need to build a more user- friendly market;
Amendment 32 #
2012/0366(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco and menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided36 .
Amendment 70 #
2012/0366(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use42 provides a legal framework to assess the quality, safety and efficacy of medicinal products including n. Nicotine containing products. A significant number of nicotine-containing products were already authorised under this regulatory regime. The authorisation takes into account other than the tobacco products covered by this directive should be regulated under the niupcotmine content of the product in question. Subjecting all nicotine-containing products, whose nicotine content equals or exceeds the content of a nicotine containing product previously authorised under Directive 2001/83/EC, to the same legal framework clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilledg review of the pharmaceutical package with the purpose of informing and protecting consumers. The revision may include provisions allowing to market nicotine containing products with lower risk and a positive risk/benefit balance and which can help consumers to quit smoking as consumer products, provided they feature an adapted health warning.
Amendment 101 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited towith the exception of menthol, including fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 119 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) "Tobacco products with lower risk" means a tobacco product that is designed and marketed to reduce the risks of smoking compared to conventional tobacco products, especially cigarettes, which is placed on the market after the entry into force of this Directive.
Amendment 139 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 234 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 250 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned at the top edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 300 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 313 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 317 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 353 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 362 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 375 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 510 years following the date referred to in paragraph 1 of Article 25.
Amendment 384 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending to engage in cross- border distance sales shall submit at least the following information to the competent authorities:prohibit cross- border distance sales.
Amendment 385 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 386 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 387 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 388 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 389 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 390 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 395 #
2012/0366(COD)
Proposal for a directive
Article 17 – title
Article 17 – title
Amendment 397 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall conduct a market approval system for tobacco products with a lower risk which shall be carried out for a reasonable fee. Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco products and for all tobacco products with a lower risk they intend to place on the markets of the Member States concerned. The notif by means of an application. This application shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question, all proposed labelling, conditions of use, the product composition, manufacturing and control processes as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco productapplying for a marketing authorization for tobacco products with a lower risk shall also provide the competent authorities in question with:
Amendment 400 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) available studies and market research on the perception and use of the product including labelling by consumers as well as to the preferences of various consumer groups, includingespecially young people and
Amendment 823 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic or otherwise positive health or social effects;
Amendment 831 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
Amendment 836 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onsertsof the unit packet and any outside packaging are stickers which can be removed (not tax stamps), inserts or other additional material, scratch- offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 858 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 (new)
Article 12 – paragraph 2 – subparagraph 1 (new)
In the case of filter cigarettes, the tipping paper must afford sufficient protection against product counterfeiting by means of its complexity. To this end it must, at the minimum, possess the following characteristics: (a) several visible print colours and production using gravure printing; (b) all white areas must be coated; (c) complex printing with partially thin structures; (d) printing on white base paper; (e) pre-perforation situated sufficiently far from the end of the cigarette.
Amendment 859 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 – point 1 (new)
Article 12 – paragraph 2 – point 1 (new)
(1) The cigarette paper must include watermarks.
Amendment 895 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A cigarette packet can be of carton or soft material and shall not contain an opening that can be re-closed or re-sealed after the opening is first opened, other than the flip-top lid. The flip-top lid of a cigarette packet shall be hinged only at the back of the packet. The areas of the packet which are not covered with health warnings shall be designed in a sufficiently complicated and multicoloured style. At least one of the printed colours must create structures perceptible to the sense of touch.
Amendment 911 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings shall be ensured before the first opening, during the opening and after reclosing of the unit packet.
Amendment 143 #
2012/0288(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is of particular importance that the Commission in application of this Directive carry out appropriate consultations during its preparatory work, including at expert leveland stakeholder level, including the industrial sectors concerned. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 292 #
2012/0288(COD)
Proposal for a directive
Article 3
Article 3
The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land- use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall include an impact assessment of biofuel production on the timber industry and the availability of wood. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021 and a review of the effectiveness of the incentives provided for biofuels from non- land using feedstocks and non-food crops under Article 3(4) d of Directive 2009/28/EC.
Amendment 1 #
Amendment 32 #
2012/0190(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Regulation requires the Commission to carry out an impact assessment in order to review the test procedures to reflect adequately the real CO2 emissions behaviour of cars. This work is proceeding through the development of a World Light Duty Test procedure (‘WLTP’) in the framework of the United Nations Economic Commission for Europe but is not yet complete. In view of this, Annex I to Regulation (EC) No 443/2009 establishes emission limits for 2020 as measured according to Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008. When the test procedures are amendedIn order to enable manufacturers to plan in full knowledge of the provisions they will have to comply with, the existing test procedure will be retained until the end of 2020 for the purposes of this regulation. From 2021, the WLTP should replace the current test procedure. When the WLTP is applied in 2021 for the purposes of this regulation, the limits set in Annex I should be adjusted to ensure comparable stringency for manufacturers and classes of vehicles.
Amendment 34 #
2012/0190(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to supplement the rules on derogations from the specific emissions targets, to amend data requirements for the purpose of monitoring of CO2 emissions and to adjust the formulae for calculating the specific CO2 emissions in Annex I to changes in the vehicle mass value and the regulatory test procedure for the measurement of specific CO2 emissions referred to in Regulation (EC) No 715/2007. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 41 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 443/2009
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020 onwards, this Regulation sets a target of 95 g CO2/km as average emissions for the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and, Annex III and XII to Regulation (EC) No 692/2008 and its implementing measures, and innovative technologies, ECE R83-06 and ECE R101 in each case as valid on the ...+. ____________________ + OJ: Please insert the date of adoption of this Regulation.
Amendment 51 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) No 443/2009
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(2a) Article 3(1)(f) is replaced by the following: (f) ‘specific emissions of CO2’ means the CO2 emissions of a passenger car measured in accordance with Regulation (EC) No 715/2007 and specified as the CO2 mass emissions (combined) in the certificate of conformity. For passenger cars which are not type-approved in accordance with Regulation (EC) No 715/2007, ‘specific emissions of CO2’ means the CO2 emissions measured in accordance with the same measurement procedure as specified for passenger cars in Regulation (EC) No 692/2008, or in accordance with the procedure adopted by the Commission to establish the CO2 emissions for such passenger cars; for the purposes of this Regulation, any amendments which are adopted in Regulation (EC) No 715/2007 and Regulation (EC) No 692/2008, as well as in ECE Standards R 83 and R 101, which are taken as a basis and which enter into force from 1 January 2013, shall enter into force only with effect from 1 January 2021.’
Amendment 54 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Regulation (EC) No 443/2009
Article 5
Article 5
Amendment 62 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 443/2009
Article 5 a (new) – paragraph 1
Article 5 a (new) – paragraph 1
1. In calculating the average specific emissions of CO2, each new passenger car with specific emissions of CO2 ofthat are less than 35 50g CO2/km shall be counted as 1.3 passenger cars in the period from 2020 to 2023 anor emitting less than 50% of the CO2 value given by its specific emission target set in the formula in Annex 1, with a cap of 70g CO2/km shall be counted as 12 passenger cars as from 202416 onwards. The use of part or all of the accumulated credits can be done in any year within the period 2016-2025.
Amendment 68 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 443/2009
Article 5 a (new) – paragraph 2
Article 5 a (new) – paragraph 2
Amendment 77 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC) No 443/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
(4a) in Article 8, paragraph 4 is replaced by the following: ‘(4) The Commission shall keep a central register of the data reported by Member States under this Article. The register shall be open for public inspection. By 30 June of each year, commencing in 2011, the Commission shall provisionally calculate the following for each manufacturer: (a) the average specific emissions of CO2 in the preceding calendar year; (b) the specific emissions target in the preceding calendar year; and (c) the difference between its average specific emissions of CO2 in the preceding calendar year as calculated pursuant to point (a) and its specific emissions target for that year. In addition, by 30 June each year, starting in 2016 and continuing up to and including 2023, the Commission shall provisionally calculate the following for each manufacturer: (a) the average specific emissions of CO2 in the preceding calendar year without taking into account the super-credits referred to in Article 5, (b) the difference between its average specific emissions of CO2 in the preceding calendar year as calculated pursuant to point (a) and its specific emissions target for that year. The Commission shall notify each manufacturer of its provisional calculation for that manufacturer. The notification shall include data for each Member State on the number of new passenger cars registered and their specific emissions of CO2.’
Amendment 78 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4 b (new)
Article 1 – point 4 b (new)
Regulation (EC) No 443/2009
Article 8 – paragraph 5
Article 8 – paragraph 5
(4b) in Article 8, paragraph 5 is replaced by the following: ‘(5) Manufacturers may, within three months of being notified of the provisional calculation under paragraph 4, notify the Commission of any errors in the data, specifying the Member State in which it considers that the error occurred. The Commission shall consider any notifications from manufacturers and may, by 31 October, either confirm or amend the provisional calculations under paragraph 4.’ From 1 January 2016 to 2023 inclusive, each manufacturer shall, within three months of communication of the provisional calculation pursuant to paragraph 4, inform the Commission whether the Commission should take account of the super-credit referred to in Article 5 for the purpose of calculating its average specific emissions of CO2 in the previous calendar year.
Amendment 85 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Regulation (EC) No 2009/443
Article 12 – paragraph 1
Article 12 – paragraph 1
(8a) in Article 12, paragraph 1 is replaced by the following: ‘(1) Upon application by a supplier or a manufacturer, CO2 savings achieved through the use of innovative technologies or a combination of innovative technologies (‘innovative technology packages’) shall be considered. The total contribution of those technologies to reducing the specific emissions target of a manufacturer may be up to 7 g CO2/km.’
Amendment 88 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 443/2009
Article 12 – paragraph 2
Article 12 – paragraph 2
(9) In Article 12(2), the first sentence is replaced by the following: ‘The Commission shall adopt detailed provisions for a procedure to approve the innovative technologies or innovative technology packages referred to in paragraph 1 by way of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2) of this Regulation." . The procedural provisions shall be based on the following criteria: (a) the supplier or manufacturer must be accountable for the CO2 savings achieved through the use of the innovative technologies or innovative technology packages; (b) the innovative technologies or innovative technology packages must make a verified contribution to CO2 reduction. Additional innovative technologies and innovative technology packages and their impact on the specific CO2 emissions of a passenger car may only be credited in relation to the proportion that operates outside the standard test cycle; the innovative technologies and innovative technology packages must not be covered by provisions due to the additional measures complying with the 10 g CO2/km reduction referred to in Article 1 or be mandatory under other provisions of Community law.’
Amendment 89 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Regulation (EC) No 443/2009
Article 12 – paragraph 3
Article 12 – paragraph 3
(9a) in Article 12, paragraph 3 is replaced by the following: ‘A supplier or a manufacturer who applies for a measure to be approved as an innovative technology or innovative technology package shall submit a report, including a verification report issued by an independent and certified body, to the Commission. In the event of a possible interaction of the measure with another innovative technology or innovative technology package already approved, the report shall mention that interaction and the verification report shall evaluate to what extent that interaction modifies the reduction achieved by each measure.’
Amendment 90 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Regulation (EC) No 443/2009
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
(9b) the following paragraph is inserted after Article 12(4): ‘Once a year, the Commission shall submit to the Council and Parliament a report on innovative technologies and innovative technology packages which have been approved and rejected.’
Amendment 95 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 10 – point b
Article 1 – point 10 – point b
Regulation (EC) No 443/2009
Article 13 – paragraph 3
Article 13 – paragraph 3
(b) The second subparagraph of paragraph 3 is deleted.Paragraph 3 is replaced by the following: ‘(3) From 2012, the Commission shall carry out an impact assessment in order to review by 2014, as provided for in Article 14(3), of Regulation (EC) No 715/2007, the procedures for measuring CO2 emissions pursuant to Regulation (EC) No 715/2007/EC with a view to applying a revised measuring procedure for the purposes of this Regulation from 1 January 2021. The Commission shall, in particular, make appropriate proposals to adapt those procedures to reflect adequately the real CO2 emissions behaviour of cars and to include the approved innovative technologies as defined in Article 12 that could be reflected in the test cycle. The Commission shall ensure that those procedures are subsequently reviewed on a regular basis.’
Amendment 103 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 10 – point c
Article 1 – point 10 – point c
Regulation (EC) No 443/2009
Article 13 – paragraph 5
Article 13 – paragraph 5
5. By 31 December 20142017 at the earliest, the Commission shall review the specific emissions targets, modalities and other aspects of this Regulation in order to establish the CO2 emission targets for new passenger cars for the period beyond 2020. and not before the new test cycle and test procedures are fully defined, implemented and the first results assessed."
Amendment 109 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 10 – point d
Article 1 – point 10 – point d
Regulation (EC) No 443/2009
Article 13 – paragraph 7
Article 13 – paragraph 7
The Commission shall be empowered to adopt delegated acts in accordance with Article 14a to adapt the formulae in Annex I in order to reflect any change in the regulatory test procedure for the measurement of specific CO2 emissions referred to in Regulation (EC) No 715/2007 and Regulation (EC) No 692/2008 while ensuring. In doing so, the Commission shall ensure that any deviations from the target for specific CO2 emissions which arise as from 1 January 2021 due to the new test procedure are corrected. At the same time it shall ensure that reduction requirements of comparable stringency for manufacturers and vehicles of different utility are required under the old and new test procedures.’
Amendment 290 #
2012/0184(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
(a) The Commission shall examine the feasibility, costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and the vehicle manufacturers. (b) The Commission shall also examine the collection and storage of existing safety-related data concerning vehicles which have been involved in accidents. That data should include at least information concerning components with a safety function which have been replaced and repaired. This information should be made available to inspectors testing a vehicle and, in anonymised form, to Member States to help them plan and carry out measures to improve road safety.
Amendment 295 #
2012/0184(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The Commission shall continue to examine the collection and storage on the electronic platform of details of the mileage of every vehicle covered by this Directive. The mileages shall be entered in the database by the stakeholders involved in the maintenance, repair and testing of a given vehicle. This exclusively vehicle-related, anonymised data should be made available to inspectors testing a vehicle and to vehicle owners in the form of a vehicle passport.
Amendment 61 #
2012/0146(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should also establish a general legal framework for the use of electronic trust services. However, it should not create a general obligation to use them. In particular, it should not cover the provision of services based on voluntary agreements under private law. NeitherIt should it cover aspects related to the conclusalso be without prejudice to provisions on the form, formation or effect of contracts or to the form, creation andor validity of contracts oother private-law obligations irrespective of whether other legal obligations where there are requirey are founded on national or Union law, for example Articles 10 and 11 of Regulation (EC) No 593/2008. Furthermore the Regulation should be without prejudice to the rules and restrictions in national or Union law on the use of documents, as regards form prescribed by national or Union lawnd should not apply to register procedures, particularly those relating to land registers and trade registers.
Amendment 85 #
2012/0146(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
(3a) This regulation shall be without prejudice to rules and restrictions in national or Union law on the use of documents. It shall not apply to register procedures, particularly those relating to land registers and trade registers.
Amendment 284 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document annot be denied admissibleility as evidence in legal proceedings, having regard to its assurance level of authenticity and integrity solely on the grounds that it is in electronic form.
Amendment 288 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 292 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
Amendment 294 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 4 #
2011/2309(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Council conclusions on strengthening the external dimension of the EU energy policy of 24 November 2011,
Amendment 21 #
2011/2309(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that policy-makers would benefit from more exact data to enable them to make informed choices; agrees, therefore, with the European Council that Europe's potential for sustainable extraction and use of shale gas and oil shale resources should be assessed and mapped in order to further enhance security of supply; welcomes the assessments made by Member States and encourages them to continue this work, and asks the Commission to contribute to determining the level of available shale gas reserves in theassessing the potential of shale gas in the European Union by assembling results from Member States' assessments and available results from exploration projects with a view toand by analysing and assessevaluating the economic and environmental viability, industrial, energy and other aspects of domestic shale gas production;
Amendment 28 #
2011/2309(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the shale gas boom in the USA has already had a significant positive impact on the dynamics of the natural gas market and on gas and electricity prices, in particular by causing liquefied natural gas that was intended for the US market to be redirected elsewhere; observes that the US spot prices have become historically low, thus widening price gap between US and Europe bound by long-term contracts, and having an impact on competitiveness of European economies and industry;
Amendment 38 #
2011/2309(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that consumption of natural gas is on the rise and, without developing its unconventional gas deposits, Europe will remain among the regions with the highest gas import needs; notes that according to the International Energy Agency, domestic gas production in Europe is projected to decline and demand to increase, pushing up imports to around 450 bcm by 2035; recognises, therefore, the crucial role of worldwide shale gas production in ensuring energy security and diversity in the long term, including in Europe; is aware that domestic production of shale gas will contribute to security of supply, bearing in mind Member States' dependence on natural gas imports from third countries; stresses, however, that it is crucial to adopt other security-of-supply measures and policies, such as improving energy efficiency, ensuring sufficient gas storage facilities and adequate network interconnections, diversifying gas supplies and transit routes and building reliable partnerships with supplier, transit and consumer countries, on the basis of transparency, mutual trust and non-discrimination in accordance with the principles of the Energy Charter and the EU Third Energy Package;
Amendment 59 #
2011/2309(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the view that developing shale gas in the EU will help achieve the EU's goal of reducing greenhouse gas emissions by 80-95% by 2050 compared to 1990 levels, in the context of reductions by developed countries as a group, while at the same time ensuring security of energy supply and competitiveness which is the basis of the Energy Roadmap for 2050;
Amendment 80 #
2011/2309(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Remarks also that certain forms of renewable energy – for example, wind power – are not constant and need to be backed up by a reliable and flexible energy source; expresses the view that natural gas – including shale gas – could serve that purpose; recognises, however, that without carbon capture and storage (CCS), gas may, the importance of CCS in ensuring the long -term, be limited to such a sustainability of gas as an energy source, including in its back-up and balancing role;
Amendment 112 #
2011/2309(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. CRecognizes the role shale gas and oil might play in improving the economic and financial situation in Europe, stimulating job creation as well as improving competitiveness and innovation in Europe; calls on the Commission to evaluate the possible economic and industrial benefits of shale gas, including and oil, in particular in terms of employment opportunities;
Amendment 118 #
2011/2309(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Points out that exploration of shale gas and oil potential is not unique to Europe and there is a vast interest in developing new oil and gas resources as a mean to improve energy and economic competitiveness in various countries and regions including in Asia, North America, Latin America, Africa and Australia; underlines the need to include shale gas and oil in bilateral EU dialogue and partnerships with countries already developing unconventional resources or interested in their development and/or use, in order to exchange expertise and best practices;
Amendment 186 #
2011/2309(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses the importance of applying the best available technologies and the best operational practices in shale gas production and of continuously improving technologies and practices; welcomes initiatives by IEA and associations of oil and gas producers in defining best practices in shale gas and oil exploration and production;
Amendment 219 #
2011/2309(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. RNotes that shale gas and shale oil extraction is governed by the same principles as apply to other types of extraction such as of coal, conventional gas and oil, of water and geothermal energy, and to underground activities such as injection of CO2 for gas and oil recovery, storage of gas and oil reserves and storage of CO2 for CCS purposes; recalls that the ‘polluter pays’ principle would apply to shale gas and oil operations and that companies would be liable for any damage they might cause;
Amendment 17 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 – paragraph 2 a (new)
Rule 70 – paragraph 2 a (new)
2 a. At the request of a political group or at least 40 Members the Conference of Presidents shall decide to include on the agenda of the plenary sitting during which the announcement is to be made a debate and vote on whether to open negotiations. Such request shall be made at the meeting of the Conference of Presidents at which the vote on the relevant draft agenda is held.
Amendment 21 #
2011/2181(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the requirement for public disclosure on diversity policy and the introduction of a minimum gender balance of 1/3calls for the increase of women in boards by means of soft law instruments;
Amendment 29 #
2011/2181(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the number of board seats held by board members should be limited to two at any one time, and that the inclusion of ‘grey directors’ should be phased out;
Amendment 13 #
2011/2148(INI)
Motion for a resolution
Recital K
Recital K
K. whereas space explorationthe continued existence of a competitive, high-tech space industry, space exploration, the development of a European satellite navigation system, the security of space infrastructure and international cooperation are key aspects of a successful space policy;
Amendment 18 #
2011/2148(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission's European space strategycommunication entitled 'Towards a space strategy for the European Union that benefits its citizens' as the first step towards a comprehensive European Union space policy serving the interests of citizens;
Amendment 23 #
2011/2148(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the Commission's intention of drawing up a space policy specifically tailored to the sub-sectors of the industry; emphasises, in that connection, that this policy should be coordinated not only with the ESA and the Member States, but also with the European Parliament;
Amendment 35 #
2011/2148(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes, however, that, whilst the Commission strategycommunication identifies priority areas of action, they remain in part somewhat vague; stresses that they should be made clearer and that an assessment of all the technical options and related costs and benefits should be given;
Amendment 26 #
2011/2107(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, in the interest of completing the European Research Area and of maintaining its international competitiveness in the long term, Europe must develop and exploit its full potential, and whereas, therefore, the structural causes of the persistent emigration of qualified scientists from some Member States, and their low level of participation in the European research programmes to the benefit of Europe as a whole, need to be overcome,
Amendment 65 #
2011/2107(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Draws attention to the importance of maintaining convergence policies, and asks the Commission to build stairways to excellence for those MS and regions that are underrepresented in the FP by developing appropriate instruments to intensify cooperation between MS with a strong participation and those with a weaker participation, and to substantially increase human capacity building and infrastructure in the latter; takes the view that Structural Funds should be deployed to their full extent to support capacity building in the regions through dedicated activities aimed at founding centres of excellences, modernising universities, purchase of scientific equipment, local technology transfer, support to start-ups and spin-offs, and local interaction between industry and academia; believes that this will allow a stairway of excellence to be developed, leading these regions to fully participate in the Common Strategic Framework for Research and Innovation, based on quality and excellence;
Amendment 75 #
2011/2107(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 85 #
2011/2107(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that although excellence is considered the main general criterion for funding, it must be borne in mind that the nature of excellence differs with the type of participant or the very nature of the research and innovation project (the excellence criterion for a research institution is not the same as for an individual researcher or for an SME, and also differs between fundamental and applied projects)Is convinced that the principle of excellence within the European research area remains the basis for the future competitiveness of Europe; recalls that the nature of excellence differs with the type of participant or the very nature of the research and innovation project; is convinced that cohesion instruments, such as structural funds, should strengthen the development of excellence and capacity building by a better compatibility with research and innovation at regional level;
Amendment 134 #
2011/2107(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is convinced that different tasks within the CSF should be tackled separately but in close articulationrelationship with each other: the European Institute of Technology (EIT) to operate mainly as a network of Knowledge and Innovation Communities (KICs) the Competitiveness and Innovation Framework Programme (CIP) to concentrate on its strength in supporting innovative SMEs and therefore not necessarily to be included in the next FP; the next FP to embrace research as a whole; and the structural/cohesion funds to be used in closer cooperation but kept separate; takes the view that collaborative projects should remain the backbone of the CSF;
Amendment 145 #
2011/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for clarification, simplification and reorganisation of the different EU programmes and instruments in existence, for a clear definition of the overall funding system, and for the EU research and innovation programmes budget for the next financial period to be doubled as of 2014 (excluding the budget devoted to Structural Funds and the EIB) as the appropriate response to the current economic crisis and to the great shared challenges; suggests, therefore, a new organisational model based on three different layers of funding aimed at stability and convergence:; recalls that standardization should be taken into account in addressing grand challenges and shaping priority areas of the CSF, but should not be a new separate instrument or activity;
Amendment 152 #
2011/2107(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for a clarification, simplification and reorganisation of the different EU programmes and instruments in existence; believes that a radical overhaul of the administration of the FP is one of the highest priorities to be tackled in designing the forthcoming CSF; invites the Commission to assess the effectiveness of each individual instrument, within each programme, towards the achievement of specific policy goals; calls for a reduction in the diversity of instruments whenever effectiveness or distinctive contribution is not clearly demonstrated;
Amendment 211 #
2011/2107(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the European Research Council (ERC) hasand the European Institute of Research and Technology have proved to be successful and a strengthening element of the European Research Area (ERA); stresses the need to increase the proportion of the budget dedicated to grants to young researchers, as well to strengthen Marie Curie actions and initiatives, thus reinforcing mobility; calls for the implementation of the necessary measures to cope with the precarious conditions of scientific workers in the EU as a means to attract and retain researchers, bearing in mind that precarious working conditions (which are still more prevalent for women) constitute a bottleneck on the way to achieving excellence in Europe;
Amendment 229 #
2011/2107(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. This layer is the space for marketing of products and services and generation of public wealth; innovative SMEs play a pivotal role here in developing and bringing to market novel products and services;
Amendment 237 #
2011/2107(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises that particular attention should be devoted to SMEs’ involvement, in order to enable the exploitation of new ideas and opportunities in a flexible and effective way as they emerge, opening new avenues for innovation; stresses that a sector-specific definition of Small and Medium Enterprises (SMEs) is a prerequisite for their successful participation in the CSF; recalls that heavy administrative burdens lead to a decrease in participation of SME;
Amendment 244 #
2011/2107(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. The funding scheme within this layer is covered by EU funding associated with CIP, access to credit enhancement by the EIF and specific loans from the EIB (mainly covering projects under EUR 50 million), and cooperation with the Structural Funds associated with entrepreneurship; additionally, suggests the creation of a new funding instrument – the EU SME Bank – which should act in articulation with national contact points and financial institutions designated by the MS;
Amendment 256 #
2011/2107(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the ERA would greatly benefit from the creation of an EU SME Investment Bank in order to reinforcepromotion of the EU’s innovation policy covering the missing link:and reinforcing of the weak participation of SMEs in EU programmes, for example by means of easier access to venture capital;
Amendment 352 #
2011/2107(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for a balance to be kept between bottom-up (cooperative) and top-down projects (’great societal challenges’), as well as for smaller bottom-up projects to be facilitatedand bottom-up collaborative research to be facilitated; takes the view that lower entry barriers for cooperation projects would lead to a reinforcement of scientific capacity;
Amendment 369 #
2011/2107(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for an intensification of international cooperation through effective reinforcement of capacity building and the establishment of fair partnerships with developing countries in order better to tackle global challengeswith the strategic partners of the European Union in order better to tackle global challenges; recalls that an intensification of international cooperation is only effective when procedures are simplified and lead times for permit applications are significantly shortened;
Amendment 39 #
2011/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises the benefits and risks to Member States of developing a low carbon economy; therefore endorses in principle the Commission’s Roadmap to a competitive low carbon economy in 2050, together with its trajectory, the specific milestones for domestic emission reductions of 40%, 60% and 80% for 2030, 2040 and 2050 respective; notes that technological developments do not take place in a linear manner and indeed often progress by leaps, and that consequently, and the ranges for sector- specific milestones, as the basis for proposing legislative and other initiatives on economic and climate po purely linear reduction in greenhouse gas emissions by 2050 reflects an overly schematic approach that does not do justice to the realicty;
Amendment 53 #
2011/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Invites the Commission to bring forward within the next two years the measures necessary to achieve the 2030 objectives, taking into account particular national capacities and potentials, as well as international progress on climate actionnot to resort to action for action’s sake, to assess precisely, by 2017, what existing measures both at EU and at national, regional and local level have achieved and what potential they still possess, and to consider any further measures at EU level in the light of this kind of comprehensive analysis;
Amendment 81 #
2011/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the EU Emissions Trading System (ETS) is the principal instrument for reducing industrial emissions and promoting investment in low carbon technologies, but acknowledges that the current carbon price is very much lower than was originally envisaged and at present, as a result of the recession, is failing to provide the necessary investment stimulus; expects, however, that the situation will improve from 2013, largely as a result of the reforms that have already been agreed;
Amendment 82 #
2011/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the EU Emissions Trading System (ETS) is the principal instrument for reducing industrial emissions and promoting investment in low carbon technologies, but acknowledges that the present-day carbon price is very much lower than was originally envisaged and is failing to provide the necessary investment stimulus; expects, however, that the situation will improve from 2013 as a result of the reform that has already been agreed;
Amendment 89 #
2011/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 96 #
2011/2095(INI)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
Amendment 5 #
2011/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s work towards a coherent European approach to collective redress (CR); calls on the Commission to further clarify the need for EU measures vis-à-vis the principle of subsidiarity and as regards the impact in particular for SMEs and, if any measures are proven necessary, to pay particular attention to consumer and SME protection;
Amendment 9 #
2011/2089(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that redress disputes are often related to different industrial sectors and areas of legislation; warns, therefore, against a sector-specific approach which would complicate access for consumers or SMEs to jurisdiction and lead to a fragmentation of national procedural laws; prefers a horizontal instrument to sector-specific action;
Amendment 12 #
2011/2089(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Takes the view that the scope of any EU action on collective redress should firstly apply to a limited law area, such as in the field of competition and clearly identified consumer protection laws;
Amendment 13 #
2011/2089(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes that any EU instrument on collective redress can only apply to infringements of EU law and should require the participation of plaintiffs from different Member States;
Amendment 9 #
2011/2068(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the success of resource efficiency policy greatly depends on its being consistent with all relevant internal and external EU policies and on the political commitment of Member States to implementing it; urges the Commission, to come forward with clear targets to ensure that the flagship proposal will be successfulherefore, in view of the thematic overlaps, to ensure that the roadmap for a resource-efficient Europe tallies with the EU raw materials strategy;
Amendment 15 #
2011/2068(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the Commission’s idea of shifting taxation away from labour towards resource consumption; welcomes the intention to encourage Member States to phase out environmentally harmful subsidies (EHS)Believes that a tax on mineral resources is not an adequate fiscal tool for increasing resource efficiency;
Amendment 25 #
2011/2068(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the fact that boosting resource efficiency requires a profound change in consumption and production patterns, achievable through new solutions for smart resource management; calls, therefore, for investment in product design, resource recycling and waste management, substitution and re-use; endorses the Commission's view that this transition should be made through policies delivering most benefits for the EU’s growth, jobs and energy security;
Amendment 65 #
2011/2068(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the increased global competition for resources and ‘technology metals’; stresses that European ‘green leadership’'s competitive position globally and the ‘greensustainable jobs’ potential in the EU are highly dependent on a secure supply of these imported resources; calls for an EU trade policy based on transparency, reciprocity and respect for democracy, the environment and sustainable development in exporting countries.
Amendment 32 #
2011/2056(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the new Commission Communication and its move beyond the RMI to include commodity markets; calls on the Commission to give adequate focus to commodity markets and the RMI separately; stresses that the three pillars of the RMI form three approaches to solving the issue of raw materials; calls on the Commission to implement the raw materials strategy in a balanced way;
Amendment 36 #
2011/2056(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that the availability of raw materials such as metallic minerals, industrial minerals, construction materials, wood and natural rubber is of vital importance for the development potential, competitiveness and preservation of European industry;
Amendment 70 #
2011/2056(INI)
Motion for a resolution
Subheading 2
Subheading 2
An opportunity challenge for European industry: resource efficiency, recycling and substitution
Amendment 80 #
2011/2056(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that overcoming the RM challenges arecan also an opportunity tohelp invigorate the EU’s industrial base and increase competitiveness via an ambitious industrial innovation strategy; notes that in the medium to long term increasing efficiencies, recycling and lowering resource use will be key to competitiveness, sustainability and supply security; remarks that social innovation, lifestyle changes and new concepts such as eco-leasing, chemical leasing and sharing should be supported by the Commission;
Amendment 87 #
2011/2056(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s plan to launch a flagship initiative on resource efficiency; calls on the Commission to incorporate a resource efficiency improvement target of 3% pedevelop a reliable methodology for ymear net of GDP evolutionsuring resource efficiency; calls on the Commission to idevelop a reliable methodology for mntify the obstacles to increasuring resource efficiencyproductivity (e.g. technical barriers, costs, etc);
Amendment 100 #
2011/2056(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a tax for mineral resources is not an adequate tool, but calls on the Commission to investigate whether a tax on water and land use could be of benefit for increasing resource efficiency;
Amendment 107 #
2011/2056(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to examine whether it would be appropriate to extend the ecodesign instruments to RM, to work with standardisation bodies, to evaluate the feasibility of a top-runner programme for products with regard to resource efficiency, to strengthen advisory services on resource efficiency, particularly for SMEs, and calls on companies to make use of the Eco- Management and Audit Scheme (EMAS); calls on the Commission and the Member States to leverage public procurement in order to enhance resource-efficient products and products utilizing secondary RM; stresses the value of including resource use in product information and eco-labels in order to empower consumers; calls on the European standardisation bodies to streamline the issue of resource efficiency in the setting of standards;
Amendment 125 #
2011/2056(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to gradually introduce a general ban on waste landfill throughout the European Union, to investigate whether closed landfills could be re-opened to recycle potential scrap material with best available technologies (BAT), to also examine remaining mining waste and metallurgical waste dumps, to complete a EU database on mining waste sites by 2012 and enforce the mining waste directive, to ensure that this waste is treated with the BAT, and to encourage the lifecycle management of buildings to ensure the recyclability of materials used in their construction;
Amendment 133 #
2011/2056(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to develop economic incentives for recycling currently uneconomical CRM including rare earths (REE), to investigate how markets for recycled materials can be supported by inter alia green certificates for recycled materials, eco-design requirements and fiscal incentives, and to ensure that cohesion policy and budgets are also leveraged to promote resource efficiency and recycling;
Amendment 164 #
2011/2056(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Emphasises that the definition of national minerals policies, as proposed by the Commission, to ensure that mineral resources are exploited in an economically viable way, must not impede trade within the EU; stresses, too, that demand from neighbouring EU Member States should not be excluded from long- term regional and local demand estimates when land-use policies for raw materials are being determined;
Amendment 171 #
2011/2056(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reaffirms that the NATURA 2000 guidelines provide a sound basis under which non-energy extraction activities must take placehelpful clarification on mining activities in NATURA 2000 areas; calls on the Commission to check on a regular basis whether progress has been achieved in the Member States on reconciling raw materials extraction with nature conservation; notes that codes of practice to achieve technical, social and environmental excellence are important instruments; calls on the Commission to protectensure that in environmentally sensitive areas that might hold RM, such as the Arctic, Barents Sea and Greenland, appropriate sustainability criteria are observed during mining activities;
Amendment 25 #
2011/2043(INI)
Motion for a resolution
Recital G
Recital G
G. whereas delayed investment in Europe compared with other global powers is essentially duedue in part to a lack of private investment and of inducements to invest within Member States, and the attractiveness of FP7 for the industrial sector is thus not fully demonstrated; but also, beyond the sums involved, there is a clear need for better coordination between the Member States and the Union,
Amendment 80 #
2011/2043(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that uncoordinated growth in financial and human resources, an ever- growing number of objectives and themes covered and diversification of instruments hasve reduced the capacity of FP7 to serve a specific headline European objective;
Amendment 88 #
2011/2043(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that if FP7 is structured in such a way as to distinguish between science for science’s sake, science for competition, and science for society, there is a risk that the gradual transition from basic research to applied research and innovation will be left out of consideration; points to the need to prevent the successful implementation of integrated projects being hampered by structural rigidity;
Amendment 89 #
2011/2043(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 150 #
2011/2043(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 178 #
2011/2043(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the results of FP7 in favour of SMEs, as regards both the 15% target set in the ‘Cooperation’ chapter and the ‘Eurostars’ programme; and advocates further action along these lines in providing support for SMEs; is of the opinion that better coordination between FP7 and the Structural Funds could facilitate the participation of under- represented Member States;
Amendment 204 #
2011/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes that research and development policies be territorialised, to express the territorial dimension as well as possible, synergies between research and development policy and the Structural Funds should be developed further;
Amendment 225 #
2011/2043(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that the level of financing of FP7 must be maintainincreased and recalls that investment in RDI is long-term investment and is key to achieving the objectives of the Europe 2020 strategy;;
Amendment 252 #
2011/2043(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the need for specific measures to encourage the incorporation of new knowledge in standards; stresses that the adoption of standards helps facilitate the use of new technologies and is a precondition for the successful dissemination of newly-developed products world-wide;
Amendment 280 #
2011/2043(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Warmly welcomes the recommendations to shorten the timeframe for adjudication, evaluate existing instruments and establish a moratorium on the creation of new instruments within the framework of FP7;
Amendment 287 #
2011/2043(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that application of this innovative financial instrument be continued and intensified in FP8, since it contributes to improving access to finance and encouraging private investment; stresses the need to ensure that these financial instruments are suitable for SMEs;
Amendment 295 #
2011/2043(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses the need to enhance, stimulate and secure the financing of research and development in the Union via a significant increase in relevant expenditure from 2013 onwards, namely for the Eighth Research Framework Programme; is of the opinion that this increase of funding, ideally by doubling the budget, must foster sustainable growth and competition via excellence; emphasizes hereby that this increase of funds must be coupled with a more result- oriented, performance-driven approach and with a radical simplification of funding procedures;
Amendment 8 #
2011/2034(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
Amendment 14 #
2011/2034(INI)
Motion for a resolution
Recital A
Recital A
A. whereas our major energy challenges are confronting climate change, strengthening energy autonomsecurity while reducing fossil fuel importdiversifying energy suppliers and sources, achieving a competitive internal energy market and ensuring universal access to sustainable, affordable and secure energy,
Amendment 27 #
2011/2034(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Lisbon Treaty provides a specific legal basis for developing an EU energy policy which promotes the interconnection of energy networks across national and regional borders which is necessary to achieve the other EU energy policy objectives (functioning of the energy market, energy efficiency and renewable energy, security of supply),
Amendment 51 #
2011/2034(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the availability of interconnection capacity or interconnection capacity itself between Member States remains generally insufficient in some cases, and whereas certain regions remain isolated,
Amendment 70 #
2011/2034(INI)
Motion for a resolution
Recital G
Recital G
G. whereas energy infrastructures planned today must be consistent with market needs and long-term EU climate and energy objectives,
Amendment 76 #
2011/2034(INI)
Motion for a resolution
Recital H
Recital H
H. whereas energy efficiency offers a powerful and cost-effective tool for achieving a sustainable energy future and can partially reduce the need for investment in energy infrastructure and to relocate plants in response to rising costs,
Amendment 86 #
2011/2034(INI)
Motion for a resolution
Recital I
Recital I
I. whereas smart grids and meters could provide an important opportunity to establish an efficient relationship between energy production, energy transmission, energy distribution and users,
Amendment 95 #
2011/2034(INI)
Motion for a resolution
Recital L
Recital L
L. whereas market-based tools must remain the basis for financing energy infrastructure, and whereas a limited amount of public finance may be required to fund certain projects which are not strictly commercially viablecriteria must provide the basis for the introduction of instruments to finance energy infrastructure, and whereas, on the basis of detailed assessments f individual cases, a limited amount of public finance may be required to fund the planning or implementation of certain projects, in keeping with predetermined, transparent criteria, provided that those projects are in the interests of the EU and serve the objectives of completing the internal market and/or increasing security of supply, whilst preventing distortions of competition,
Amendment 118 #
2011/2034(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the crucial importance of timely and full implementation of existing legislation, including the regulatory work called for by the third internal energy market package, in order to guarantee comparable terms of competition;
Amendment 149 #
2011/2034(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the need to identify, according to a hierarchy of importance and cost-effectiveness, where infrastructure could be minimised through energy efficiency policies, where existing infrastructure can be upgraded or modernised and where new infrastructure is needed and can be built alongside existing infrastructure;
Amendment 156 #
2011/2034(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the development of electricity infrastructure between the EU and third countries can create a risk of carbon leakage importing network increase that risk where already present; calls on the Commission to bring forward, wherever necessary, measures to address this issue as a ‘carbon inclusion mechanism’ or require conformity wistability; calls, therefore, on the network operators, the regulatory authorities, including ACER, and the Commission to create, in cooperation with the network operators and authorities in third countries, conditions conducive to the establishment of the degree of network stability needed to secure the involvement of neighbouring countries in the EU internal energy market, a precondition for achieving the EU Directive 2009/28/EC; ’s objectives in the area of the development of renewable energies;
Amendment 174 #
2011/2034(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to submit by the end of 2011 proposed solutions to the trade-offs described by the European coordinator Georg Wilhelm Adamowitsch in his third annual report of 15 November 2010, for example that between the urgent need for new infrastructure and rigid environmental protection rules;
Amendment 179 #
2011/2034(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that, although the Ten-Year Network Development Plan (TYNDP) identifies relevant electricity and gas infrastructure projects, it which should also set the priorities to be developed in order to achieve EU energy and climate goalprovide the basis for selecting EIP projects;
Amendment 190 #
2011/2034(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission, with a view to ensuring better governance of future EU electricity and gas infrastructure planning, to present a concrete proposal to improve transparency and public participation in determining EU priorities within a broader stakeholder participation process involving the power sector, independent experts; consumer organisations and NGOs;
Amendment 205 #
2011/2034(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the TYNDP should form the basis of a rolling programme for developing European gas transport and electricity transmission infrastructure within a long- term European planning perspective and with monitoring by the Agency for Cooperation of Energy Regulators (ACER) and the Commission, with due account being taken of the relevant provisions of the Third Internal Market Package;
Amendment 248 #
2011/2034(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Endorses the importance of efficient gas infrastructures in enhancing diversification and security of supply and reducing energy dependence; highlights the need for additional flexibility requirements in gas infrastructures, as set out in Regulation 994/2010, in particular with a view to ensuring reverse flows, and stresses that gas infrastructure should be developed, with full account being taken of the contribution of LNG/ CNG terminals;
Amendment 252 #
2011/2034(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the Commission’s announcement that natural gas will take on an important role as a backup fuel; stresses, however, that other forms of energy and energy storage facilities will also have to take on this role if security of supply is to be ensured; underlines that a broad energy mix will continue to be the basis for secure, cost-effective energy supply;
Amendment 261 #
2011/2034(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the development of infrastructure for unconventional gas sources has not yetAsks the Commission to conduct a thorough evaluation of the potential been given the necessary attention by the Commission as regards legal issues, life cycle assessment and environmental impacts; asks the Commission to conduct a thorough evaluation on this issueefits and the risks of using unconventional natural gas sources in the EU, taking into account the various methods of extraction and ongoing technical developments;
Amendment 296 #
2011/2034(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to present by 2012 concrete initiatives to promote the development of energy storage capacities (including multi-use gas/hydrogen facilities, hydropower, high-temperature solar installations, compressed air and other technologies);
Amendment 310 #
2011/2034(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission – in cooperation with the relevant market operators – to critically assess and review, wherever necessary, the figures for investment needs given in the communication on energy infrastructure priorities, and asks it to report to the Council and to the Parliament on the investments likely to be needed;
Amendment 327 #
2011/2034(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that smart grids and energy management solutions offer a unique opportunity to boost the competitiveness of European industry, with particular reference to SMEs; calls on the Commission to present a new proposal which includes a binding requirement to deploy smart meters for all non- residential customers by 2014;
Amendment 350 #
2011/2034(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges the Members States, in liaison with European standardisation bodies and industry, to speed up work on technical standards for electric vehicles, charging infrastructure and smart grids and meters, with a view to its completion by the end of 2012;
Amendment 398 #
2011/2034(INI)
Motion for a resolution
Paragraph 24 – indent 2
Paragraph 24 – indent 2
Amendment 408 #
2011/2034(INI)
Motion for a resolution
Paragraph 24 – indent 3
Paragraph 24 – indent 3
– they must be in line with climate and environmental objectivobjectives in the areas of security of supply and diversification of countries of origin and supply routes,
Amendment 482 #
2011/2034(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the establishment of a national contact authority for each European interest project (‘one-stop shop’) as a single administrative interface between developers and the different authorities involved in the authorisation procedure; takes the view that, with regard to cross- border projects, further coordination between national ‘one-stop shops’ and an increased role for the Commission in such coordination should be ensured;
Amendment 495 #
2011/2034(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Welcomes the introduction of a time limit of five years within which the relevant executive authorities must reach a final decision; calls on the Commission to further asses this initiative, taking account of the diverse range of project specificities and the territorial characteristics of projects, and to evaluate the suitability of using arbitration procedures as a final decision-making tool;
Amendment 500 #
2011/2034(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 513 #
2011/2034(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that grid investments are cyclical and should be viewed in a historical perspective; points out that a large amount of the infrastructure built over the past decades to interconnect centralised power plants will become obsolete in the coming years; points out that society will expect the cost of keeping the existing infrastructure operational and of deploying new infrastructure to be optimised;
Amendment 523 #
2011/2034(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses that the bulk of the cost of infrastructure investments needs to be financed by the market and based on the ‘user pays’ principle; requests the Commission to assess to what extent the existing regulatory incentives are sufficient to send the necessary signals; takes the view that where key projects are not attractive to the market but their development is necessary in order to achieve the stated objectives, public funding should be used to lever private investment by setting up an innovative mix, subject to a clear ceiling, of financial instruments;
Amendment 542 #
2011/2034(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Emphasises that a stable, predictable and appropriate regulatory framework that also provides incentives for the construction of new infrastructure is crucial in order to promote investment;
Amendment 545 #
2011/2034(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Notes that a number of Member States have not yet fully implemented the provisions of the second internal market package and is concerned that there will be substantial delays in implementing the third internal market package; calls on the Commission, therefore, to make compliance with the core provisions of internal market legislation relating to electricity and gas a condition for the granting of public funding, so as to step up the pressure on the Member States;
Amendment 554 #
2011/2034(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses that the fullest possible use should be made of market-based tools, including project bonds, loan guarantees, non-commercial risk-sharing facilities, incentives for funding public-private partnerships, partnerships with the EIB and the use of ETS revenue, in accordance with EU energy and climate objectives;
Amendment 565 #
2011/2034(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Recalls the importance of transparent and non-discriminatory tariffs with a view to ensuring appropriate cost allocation for cross-border investments, fair prices for consumers and greater competitiveness; welcomes, therefore, the REMIT proposal from the European Commission;
Amendment 11 #
2011/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Invites the Commission to carefully consider the impact on SMEs to ensure they are not disadvantaged; believes as well that the volume of data which is processed should also be taken into consideration independent of the size of a firm;
Amendment 17 #
2011/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Invites the Commission to resist calls for new imprecise broad principles which maycritically assess if newly introduced principles do really solve genuine problems and do not cause legal uncertainty, skew competition, erect trade barriers, contravene the presumption of innocence and create additional burdens on controllers without quantifiable benefits in resolving genuine problems;
Amendment 25 #
2011/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that any certification or seal scheme could be based on a model such as EMAS and must in any event be of ensured integrity and trustworthiness;
Amendment 41 #
2011/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recommends that the Commission considers a possibility for behavioural sanctions in case of infringement, instead of as well as introducing a principle of ‘accountability’;
Amendment 44 #
2011/2025(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Invites the Commission to review existing rules for relevance, need,elaborate and substantiate existing rules as regards clarity, enforceability and powers, competence and enforcement activities of the authorities;
Amendment 49 #
2011/2025(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that any new legal instrument should apply to all data controllers that handle the data of European citizens, irrespective of the location of that data controller both inside and outside the EU; calls on the Commission to work with international partners, especially India, towards the adoption of data protection rules which meet EU standards and the inclusion of EU standards in all international agreements;
Amendment 52 #
2011/2025(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that citizens must be able to exercise their data rights free of charge and without postal or other costs; calls on companies to refrain from any attempts to add unneeded barriers to the right to view, amend or delete personal data;
Amendment 53 #
2011/2025(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Reminds the Commission that not all data controllers are internet businesses; calls on the Commission to ensure that new data protection rules can be applied both in the online and offline environment;
Amendment 54 #
2011/2025(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. stresses the need for the Member States to give greater powers to national judicial and data protection authorities to sanction companies for breaches in data protection or failure to apply data protection laws;
Amendment 15 #
2011/0430(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Directive 2003/98/EC does not containjustify an obligation to allow re-use offor Member States to allow access to, and re-use of, public-sector documents. The decision whether or not to authorise re-use remains with the Member States or the public sector body concerned. The Directive only harmonises the conditions subject to which documents are made available for re-use. At the same time, the Directive builds on national rules on access to documents. Some Member States have expressly linked the right of re- use to this right of access, so that all generally accessible documents are re-usable. In other Member States, the link between the two sets of rules is less clear and this is a source of legal uncertainty. whereas other Member States have legally separated the right of re-use from national rules on access to information and freedom of information.
Amendment 16 #
2011/0430(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) National regulations on access to public documents are based on transparency and freedom of information. In some cases, however, this right is restricted, for example to those who have a particular interest in these documents or in cases in which the documents contain sensitive information relating, for example, to national or public security.
Amendment 18 #
2011/0430(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Directive 2003/98/EC does not contain an obligation for Member States to digitise analogue material which they have available, or to make it machine- readable in a technologically neutral manner. Public sector bodies may themselves decide what data are to be digitised when and under what conditions.
Amendment 19 #
2011/0430(COD)
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6c) Directive 2003/98/EC applies to documents the supply of which forms part of the public task of the public-sector bodies concerned, as defined by law or by other binding rules in the Member State in question. It should be possible for this public task to be defined for the bodies concerned either in general or from case to case.
Amendment 21 #
2011/0430(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2003/98/EC should therefore lay down a clear obligation for Member States to make all generally available documents re-usable. As it constitutes a limitation tolimits the intellectual property rights hoeld by the authors of the documents, t. The scope of such a link between the right of access and the right of use should therefore be narrowed to what is strictly necessary to reach the objectives pursued by its introduction. In this respect, taking into account the Union legislation and Member States' and Union's international obligations, notably under the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), documents on which third parties hold intellectual property rights should be excluded from the scope of Directive 2003/98/EC. If a third party was the initial owner of a document held by libraries (including university libraries), museums and archives that is still protected by intellectual property rights, that document should, for the purpose of this Directive, be considered as a document for which third parties hold intellectual property rights.
Amendment 28 #
2011/0430(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) As regards the description, digitisation and presentation of cultural collections, there are numerous cooperation arrangements between libraries (including university libraries), museums, archives and private partners which involve public sector bodies granting exclusive rights of access and commercial exploitation to cooperation partners. Practice has shown that these public-private partnerships can facilitate worthwhile use of cultural collections and at the same time that they accelerate access to the cultural heritage for members of the public. Directive 2003/98/EC should therefore not preclude the conclusion of agreements granting exclusive rights. Moreover, cultural institutions should be free to choose for themselves the partners with which they wish to cooperate, subject to compliance with the principles of transparency and non-discrimination.
Amendment 32 #
2011/0430(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To facilitate re-use, public sector bodies should make documents available through technology-neutral machine- readable formats and together with their metadata where possible and appropriate, in a format that ensures interoperability , e.g. by processing them in a way consistent with the principles governing the compatibility and usability requirements for spatial information under Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)22.
Amendment 42 #
2011/0430(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Proper implementation of some of the features of this Directive, such as means of redress, compliance with charging principles and reporting obligations require supervision by independentreview by authorities competent on the re- use of public sector information. Member States have a responsibility to make appropriate national authorities responsible for this review. To ensure consistency between approaches at Union level, coordination between the independent authorities should be encouraged, particularly through exchange of information on best practices and data re- use policies.
Amendment 47 #
2011/0430(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The Commission should assist the Member States in implementing the Directive in a consistent way by givmaking guidanceproposals, particularly on charging and calculation of costs, on recommended licensing conditions and on formats, after consulting interested parties.
Amendment 60 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2003/98/EC
Article 2 – point 6
Article 2 – point 6
(6) 'machine-readable' means that digital documents are sufficiently structured forso that software applications to identify reliably individual statements of fact and their internal structure.’can, in a technology-neutral manner, extract individual data which are of interest.'
Amendment 66 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/98/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Subject to paragraph (2) Member States shall ensure that documents of public sector bodies referred to in Article 1 shall be re-usable for commercial or non- commercial purposes in accordance with the conditions set out in Chapters III and IV. , provided that the documents concerned are of types classified as accessible under the rules which exist in the Member States regarding access to public sector information. Where possible, these documents shall be disseminated in technology-neutral, machine-readable form.
Amendment 68 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/98/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
(2) For documents for which libraries (including university libraries), museums and archives have intellectual property rights, Member States shall ensure that, where the re-use of documents is allowed, these documents shall be re-usable for commercial or non-commercial purposes in accordance with the conditions set out in Chapters III and IV, provided that the documents concerned are of types classified as accessible under the rules which exist in the Member States regarding access to public-sector information. Where possible, these documents shall be disseminated in technology-neutral, machine-readable form.
Amendment 70 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 4 – point 2
Article 1 – point 4 – point 2
Directive 2003/98/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 75 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2003/98/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. In pParagraph 1, the words ‘through electronic means’ are replaced by ‘in machine-readable format and together with their metadata.’. is replaced by the following: '1. 'Public sector bodies shall make their documents available in the pre-existing formats or languages and, where possible and appropriate, in technology-neutral, machine-readable format and together with their metadata. This shall not imply an obligation for public sector bodies to create, digitise or adapt documents or render them machine-readable in a technology-neutral manner in order to comply with the request, nor shall it imply an obligation to provide extracts from documents where this would involve disproportionate effort, going beyond a simple operation.'
Amendment 79 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) Where charges are made for the re-use of documents, the total amount charged by public sector bodies shall be limited to the marginal costs incurred for their reproduction, provision and dissemination.’
Amendment 82 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) InParagraph 1 shall not apply to: (a) exceptional cases, in particular wherewhich public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re-use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria, provided this is inneed to make a profit in order to cover a large part of the costs they have incurred in carrying out their public interest and subject to the approval of the independent authority referred to in Article 4(4), and without prejudice to paragraphs 3 and 4 of this Article.’remit; (b) libraries (including university libraries), museums and archives.
Amendment 89 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 91 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 2
Article 1 – point 6 – point 2
Directive 2003/98/EC
Article 6 – paragraph 4
Article 6 – paragraph 4
2. The existing text of Article 6 becomes paragraph 4. and shall read as follows: ‘4. Where charges as referred to in paragraph 2 are made, the total charges should be set in accordance with objective, transparent and variable criteria, and the total income from supplying and allowing re-use of documents shall not exceed the cost of collection, production, reproduction, provision and dissemination, together with a reasonable return on investment. Charges as referred to in paragraphs 1 and 2 should be cost-oriented over the appropriate accounting period and calculated in line with the accounting principles applicable to the public sector bodies involved.’
Amendment 94 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 2 a (new)
Article 1 – point 6 – point 2 a (new)
Directive 2003/98/EC
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
Amendment 97 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 3
Article 1 – point 6 – point 3
Directive 2003/98/EC
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 98 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/98/EC
Article 7
Article 7
(7) In Article 7 (Transparency), the words ‘over and above the marginal costs or’ are inserted after ‘calculation of charges’.third sentence is replaced by the following: ‘The public sector body in question shall also indicate which factors will be taken into account in the calculation of charges as referred to in Article 6.’
Amendment 99 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 8 – point 1
Article 1 – point 8 – point 1
‘1. Public sector bodies may allow re-use of documents without conditions or may impose conditions, such as indication of source, where appropriate through a licence dealing with relevant issues. These conditions shall not unnecessarily restrict possibilities for re- use and shall not be used to restrict competition.’
Amendment 103 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 2003/98/EC
Article 9
Article 9
Member States shall ensure thatmake practical arrangements to facilitating the cross-linguale searches for documents available for re-use are in placethroughout the Union, such as asset lists of main documents with relevant metadata, accessible preferably online and inin technology- neutral, machine-readable format, and portal sites that are linked to decentralised asset lists.’
Amendment 108 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/98/EC
Article 11 – paragraph 2
Article 11 – paragraph 2
9a. Article 11(2) is replaced by the following: ‘2. Notwithstanding paragraph 1, where an exclusive right is necessary for the provision of a service in the public interest, the validity of the exclusive rights arrangement shall be subject to regular review, and shall, in any event, be reviewed every four years. The exclusive arrangements established after the entry into force of this Directive shall be subject to the principle of transparency and shall be made public by the public sector bodies concerned.’
Amendment 111 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Directive 2003/98/EC
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
9b. In Article 11 the following paragraph is added: ‘2a. Notwithstanding paragraph 1, where an exclusive right is granted in connection with the commercial exploitation which is necessary in order to digitise cultural collections, the commercial exploitation shall not continue for longer than seven years. During this period, the exclusive right may not be reviewed. Under the terms of the exclusive rights agreement, public sector bodies shall receive a copy of the digitised cultural collection and may make it publicly available for further use after the expiry of the agreement. The exclusive arrangements established after the entry into force of this Directive shall be transparent and made public.’
Amendment 115 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
(10) InParagraph 3 of Article 11 (Prohibition of exclusive arrangements), the following sentence is added at the end of paragraph 3: ‘However, such arrangements involving cultural establishments and university libraries shall read as follows: ‘3. Existing exclusive arrangements that do not qualify for an exception under paragraph 2 shall be terminated at the end of the contract or in any case not later than 31 December 2008. Such arrangements concerning libraries (including university libraries), museums and archives which do not qualify for an exception under paragraph 2 or paragraph 2a shall be terminated at the end of the contract or in any case not later than 31 December 20XX [610 years after entry into force of the Directive].’
Amendment 123 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 12 – introductory part
Article 1 – point 12 – introductory part
Directive 2003/98/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
(12) In Article 13 (Review) the date of 1 July 2008 is replaced by [35 years after the transposition datentry into force] and the following paragraph is added:
Amendment 126 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2003/98/EC
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
‘Member States shall submit a yearly report to the Commission every two years on the extent of the re-use of public sector information, the conditions under which it is made available and the work of the independent authority referred to in article 4(4).’
Amendment 455 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 a (new)
Annex 1 – section 1 – point 4 a (new)
Amendment 516 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 2 – point 1 – point 1.4 – point 1.4.3 – paragraph 1
Annex 1 – section 2 – point 1 – point 1.4 – point 1.4.3 – paragraph 1
The objective is to develop platform technologies (e.g. genomics, meta- genomics, proteomics, molecular tools) triggering leadership and competitive advantage on a wide number of economic sectors. It includes aspects, such as underpinning the development of bio- resources with optimised properties and applications beyond conventional alternatives; enabling exploration, understanding and exploitation in a sustainable manner of terrestrial and marine biodiversity for novel applications; Priority support will be given to new diagnostic methods where a prevention or diagnosis for the patient in question either already exists or is likely to be developed.
Amendment 608 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.2 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.2 – paragraph 1
The development of screening programmes depends on the identification of early biomarkers of risk and of disease onset, and their deployment depends on the testing and validation of screening methods and programmes. Identifying individuals and populations at high-risk of disease will allow personalised, stratified and collective strategies for efficacious and cost effective disease prevention to be developed. In this connection, priority will be given to screening programmes where prevention or therapy for the patient concerned are available or are likely to be developed.
Amendment 619 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.6 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.6 – paragraph 1
An improved understanding of health, disease and disease processes at all ages is needed to develop new and more effective diagnostics. Innovative and existing technologies will be developed with the goal of significantly improving disease outcomes through earlier, more accurate diagnosis and by allowing for more patient-adapted treatment. In this connection, priority will be given to diagnostic methods where prevention or therapeutic measures for the patients concerned are available or are likely to be available in the near future.
Amendment 627 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.8 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.8 – paragraph 1
There is a need to support the improvement of cross-cutting support technologies for drugs, vaccines and other therapeutic approaches, including transplantation, gene and cell therapy, particularly adult stem cell therapy, umbilical cord blood cell and iPS cell therapies; to increase success in the drug and vaccine development process (including alternative methods to replace classical safety and effectiveness testing e.g. the development of new methods); to develop regenerative medicine approaches, including approaches based on stem cells; to develop improved medical and assistive devices and systems; to maintain and enhance our ability to combat communicable, rare, major and chronic diseases and undertake medical interventions that depend on the availability of effective antimicrobial drugs; and to develop comprehensive approaches to treat co-morbidities at all ages and avoid poly-pharmacy. These improvements will facilitate the development of new, more efficient, effective and sustainable treatments for disease and for the management of disability. There is a need to develop ideas in the field of regenerative medicine, particularly based on adult stem cells, umbilical cord blood cells and iPS cells.
Amendment 639 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.9 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.9 – paragraph 1
Clinical trials are the means to transfer biomedical knowledge to application in patients and support for these will be provided, as well as for the improvement of their practice. Examples include the development of better methodologies to allow trials to focus on relevant population groups, including those suffering from other concomitant diseases and/or already undergoing treatment, the determination of comparative effectiveness of interventions and solutions, as well as enhancing the use of databases and electronic health records as data sources for trials and knowledge transfer. Similarly, support for the transfer of other types of interventions such as those related to independent living into real world environments will be provided. Particular importance will be given to clinical tests in the field of rare diseases and child illnesses including those associated with premature birth.
Amendment 653 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.15 a (new)
Annex 1 – section 3 – point 1 – point 1.15 a (new)
Amendment 346 #
2011/0401(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) To exploit synergies between policies, stairways to excellence instruments should be introduced in both Horizon 2020 and the Cohesion Policy.
Amendment 404 #
2011/0401(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 490 #
2011/0401(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Linkages and interfaces shall be implemented across and within the priorities of Horizon 2020. Particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies, to bridging from discovery to market application, to cross-disciplinary research and innovation, to social and economic sciences and humanities, to fostering the functioning and achievement of the ERA, to widening participation across the Union in research and innovation, to cooperation with third countries, to responsible research and innovation including gender, and to enhancing the attractiveness of the research profession and to facilitating cross-border and cross- sector mobility of researchers.
Amendment 535 #
2011/0401(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Attractiveness of researchers' careers Horizon 2020 shall contribute to the promotion and attractiveness of researchers' careers across Europe. As a result it shall be implemented in a manner to promote the creation of a single market for researchers, in particular by providing for appropriate mechanisms aiming to decrease the disparities in researcher's remuneration under this programme.
Amendment 537 #
2011/0401(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
All the research and innovation activities carried out under Horizon 2020 shall comply with ethical principles and relevant national, Union and international legislation, including the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights and its Supplementary Protocols. , the Helsinki Declaration, the Convention of the Council of Europe on Human Rights and Biomedicine signed in Oviedo on 4 April 1997 and its Additional Protocols, the European Convention on Human Rights and its Supplementary Protocols, the UN resolution on human cloning of March 2005, the UN Convention on the Rights of the Child, the Universal Declaration on the human genome and human rights adopted by the UNESCO, the UN Biological and Toxin Weapons Convention (BTWC), the International Treaty on Plant Genetic Resources for Food and Agriculture and the relevant World Health Organisation's resolutions. Those carrying out or participating in research projects concerning ethical sensitive issues like for example DNA, analysis on humans, research on persons not able to give informed consent, research linked to the suffering of vertebrate animals etc. shall seek the approval of the relevant national or local ethics committee prior to the start of the activities. An ethical review will also be implemented systematically by the Commission. In specific cases an ethical review may take place during the implementation of a project. On a yearly basis, the Commission shall inform the European Parliament about their activities in this area, and in addition to this, it shall provide the European Parliament and the Council, with information upon request. During the implementation of this programme, scientific advances and national and international provisions shall be regularly monitored by the Commission so as to take account of any developments.
Amendment 598 #
2011/0401(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Seal of Excellence Horizon 2020 shall contribute to the identification of centers of excellence, the evaluation of their potential and the improvement of their visibility by providing a seal of excellence.
Amendment 734 #
2011/0401(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Commission shall annually monitor the implementation of Horizon 2020, its specific programme and the activities of the European Institute of Innovation and Technology. This shall include information on cross-cutting topics such as sustainability and climate change, including information on the amount of climate related expenditure, SME participation and widening participation.
Amendment 793 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – broad lines of the specific objectives and activities – paragraph 10 – point a
Annex 1 – broad lines of the specific objectives and activities – paragraph 10 – point a
(a) Leadership in enabling and industrial technologies shall provide dedicated support for research, development and demonstration on ICT, nanotechnology, quantum technology, advanced materials, biotechnology, advanced manufacturing and processing and space. Emphasis will be placed on interactions and convergence across and between the different technologies.
Amendment 985 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – paragraph 3
Annex 1 – Part 2 – point 1 – paragraph 3
To stay at the forefront of global competition with a strong technological base and industrial capabilities, increased strategic investments in research, development, validation and piloting are required in Information and Communication Technologies (ICT); Nanotechnologies; Quantum Technologies; Advanced Materials; Biotechnology; Advanced Manufacturing and Processing; and Space.
Amendment 1001 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – paragraph 10
Annex 1 – Part 2 – point 1 – paragraph 10
The approach shall include both agenda- driven activities and more open areas to promote innovative projects and breakthrough solutions. Emphasis shall be on R&D, large-scale pilots and demonstration activities, test beds and living labs, prototyping and product validation in pilot lines. Activities shall be designed to boost industrial competitiveness by stimulating industry, and in particular SMEs, to make more research and innovation investment. Substantial focus will be given to small and medium scale projects.
Amendment 1003 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – paragraph 12
Annex 1 – Part 2 – point 1 – paragraph 12
A major component of ‘Leadership in Enabling and Industrial Technologies’ are Key Enabling Technologies (KETs), defined as micro- and nanoelectronics, photonics, nanotechnology, quantum technology, biotechnology, advanced materials and advanced manufacturing systems. These multi- disciplinary, knowledge and capital- intensive technologies cut across many diverse sectors providing the basis for significant competitive advantage for European industry. An integrated approach, promoting the combination, convergence and cross-fertilisation effect of KETs in different innovation cycles and value chains can deliver promising research results and open the way to new industrial technologies, products, services and novel applications (e.g. in space, transport, environment, health etc.). The numerous interactions of KETs and enabling technologies will therefore be exploited in a flexible manner, as an important source of innovation. This will complement support for research and innovation in KETs that may be provided by national or regional authorities under the Cohesion Policy Funds within the framework of smart specialisation strategies.
Amendment 1093 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point d a (new)
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point d a (new)
(d a) New raw materials for the chemical industry Developing an alternative feedstock basis for the chemical industry, including through new syngas technologies, ranging from coal, biomass, and waste materials to environmentally friendly substitute petroleum as carbon source in the medium and long term.
Amendment 1142 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.3 – point c a (new)
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.3 – point c a (new)
(c a) Developing the societal dimension of biotechnology. Focusing on governance of biotechnology for societal benefits including ethical limits.
Amendment 1280 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 4
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 4
Chronic conditions such as cardiovascular disease (CVD), cancer, diabetes, rheumatic and musculoskeletal diseases, neurological and mental health disorders, overweight and obesity and various functional limitations are major causes of disability, ill-health and premature death, and present considerable social and economic costs.
Amendment 1356 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 5
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 5
Specific activities shall include: understanding the determinants of health (including environmental and climate related factors), improving health promotion and disease prevention; understanding disease and improving diagnosis; developing effective screening programmes and improving the assessment of disease susceptibility; improving surveillance and preparedness; developing better preventive vaccines; using in-silico medicine for improving disease management and prediction; treating disease; transferring knowledge to clinical practice and scalable innovation actions; better use of health data; active ageing, independent and assisted living; improving palliative medicine, individual empowerment for self-management of health; promotion of integrated care; improving scientific tools and methods to support policy making and regulatory needs; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice, and innovative technologies and approaches.
Amendment 1437 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 1
The specific objective is to make the transition to a reliable, affordable, sustainable and competitive energy system, in the face of increasingly scarce resources, increasing energy needs and climate change.
Amendment 1446 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 2
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 2
The Union intends to reduce greenhouse gas emissions by 20% below 1990 levels by 2020, with a further reduction to 80-95% by 2050. In addition, renewables should cover 20% of final energy consumption in 2020 coupled with a 20% energy efficiency target. Achieving these objectives will require an overhaulfurther development of the energy system combining low carbon profile, energy security and affordability, while at the same time reinforcing Europe’s economic competitiveness. Europe is currently far from this overall goal. 80% of the European energy system still relies on fossil fuels, and the sector produces 80% of all the Union’s greenhouse gas emissions. Every year 2.5% of the Union’s Ggross Ddomestic Pproduct (GDP) is spent on energy imports and this is likely to increase. This trend would leamay add to totalhe dependence on oil and gas imports by 2050. Faced with volatile energy prices on the world market, coupled with concerns over security of supply, European industries and consumers are spending an increasing share of their income on energy.
Amendment 1451 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 3
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 3
The roadmap to a competitive low-carbon economy in 2050 shows that the targeted reductions in greenhouse gas emissions willould have to be met largely within the territory of the Union. This would entail reducing CO2 emissions by over 90% by 2050 in the power sector, by over 80% in industry, by at least 60% in transport and by about 90%in industry, in transport, in the residential sector and, in services, and in other sectors.
Amendment 1459 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 4
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 4
To achieve these reductions, significant investments need to be made in research, development, demonstration and market roll-out of efficient, safe and secure and reliable low- carbon energy technologies and services, including electricity storage technologies. These must go hand in hand with non- technological solutions on both the supply and demand sides. All this must be part of an integrated low-carbon policy, including mastering key enabling technologies, in particular ICT solutions and advanced manufacturing, processing and materials. The goal is to produce efficient and secure energy technologies and services that can be taken up widely on European and international markets and to establish intelligent demand-side management based on an open and transparent energy trade market and intelligent energy efficiency and security management systems.
Amendment 1465 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 4
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 4
To achieve these reductions, significant investments need to be made in research, development, demonstration and market roll-out of efficient, safe and reliable low- carbon energy technologies and services. These must go hand in hand with non- technological solutions on both the supply and demand sides. All this must be part of an integrated low-carbon policy, including mastering key enabling technologies, in particular ICT solutions and advanced manufacturing, processing and materials. The goal is to produce efficient energy technologies and services that can be taken up widely on European and international markets and to establish intelligent demand-side management based on an open and transparent energy trade market and intelligent energy efficiency management systems.
Amendment 1485 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 8
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 8
Research and innovation activities on nuclear fission and fusion energy are carried out in the EURATOM part of Horizon 2020.Possible synergies between the "secure, clean and efficient energy" challenge and the EURATOM part of HORIZON 2020 shall be envisaged.
Amendment 1504 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point b – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point b – paragraph 1
Activities shall focus on research, development and full scale demonstration - of innovative renewables and carbon capture and storage or usage technologies offering larger scale, lower cost, environmentally safe technologies with higher conversion efficiency and higher availability for different market and operating environments.
Amendment 1506 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point c – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point c – paragraph 1
Activities shall focus on research, development and full scale demonstration of technologies and value chains to make bio-energy more competitive and sustainable, to reduce hydrogen and other alternatimve to market for hydrogen and fuel cells and to bring new options showing long-term potential to maturityliquid or gaseous fuels with potential for more efficient energy conversion.
Amendment 1517 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point d – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point d – paragraph 1
Activities shall focus on research, development and full scale demonstration of new grid technologies, including storage,flexible energy storage systems along the whole electricity chain from power generation, transmission, distributions to the end-user systems and market designs to plan, monitor, control and safely operate interoperable networks in an open, decarbonised, climate resilient and competitive market, under normal and emergency conditions.
Amendment 1530 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point f – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point f – paragraph 1
Activities shall focus on the development of tools, methods and models for a robust and transparent policy support, including activities on public acceptance and engagement, user involvement, environmental impact and sustainability.
Amendment 1533 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point g a (new)
Annex 1 – Part 3 – point 3 – point 3.3 – point g a (new)
(g a) Flexible and efficient fossil fuel power plants – enabling intermittent renewables Activities shall focus on the research, development and demonstration of technologies and/or materials enabling higher flexibility and efficiency of fossil fuel power plants having to cope with the necessity to step in when intermittent renewables are not able to deliver to the system and to ensure grid stability.
Amendment 1700 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 2 – point a a (new)
Annex 1 – Part 3 – point 6.3 – point 6.3.1 – paragraph 2 – point a a (new)
(a a) reduce the disparities between regions in Europe , and with other world regions
Amendment 1714 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 1 a (new)
Annex 1 – Part 3 – point 6.3 – point 6.3.2 – paragraph 1 a (new)
Amendment 1788 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 5 – point 3 – point a – paragraph 1
Annex 1 – Part 5 – point 3 – point a – paragraph 1
The EIT shall aim to unleash the innovative potential of people and capitalise on their ideas, irrespective of their place in the innovation chain. Thereby, the EIT will also help to address the ‘European paradox’ that excellent existing research is far from being harnessed to the full. In doing so, the EIT shall help to bring ideas to the market. The EIT must ensure open access to all high quality European research communities. Chiefly via its KICs and its focus on fostering entrepreneurial mindsets, it will create new business opportunities in the form of both start-ups and spin-offs but also within existing industry.
Amendment 737 #
2011/0399(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. In the case of actions to support existing or new research infrastructures or institutes, the grant agreement may lay down specific provisions relating to the users of the infrastructure or institute.
Amendment 133 #
2011/0300(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Energy storage facilities and reception, storage and regasification or decompression facilities for liquefied natural gas (LNG) and compressed natural gas (CNG) have an increasingly important role to play in the creation of a European energy infrastructure. The rapid expansion of such energy infrastructure facilities is thus desirable and an important component of a holistic approach and a functioning network infrastructure. There are, however, funding limitations for such categories of projects that compete with each other. Competition in the construction and operation of pumped storage power plants should not be hampered by the charging of network tariffs which treat these plants as final consumers. Disincentives arising from such tariffs should be eliminated.
Amendment 140 #
2011/0300(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The increasing technological complexity of the new energy mix, owing to a significant additional contribution from renewable sources within a short period of time, has increased the risk of lack of coordination, and even of power cuts, in multi-dependent networks. Close coordination of electricity and gas systems, both at regional and at Union level, to collect information on real-time cross-border exchanges, could become an important tool for national regulators, transmission system operators, the Agency and the Commission, generating necessary information for the planning and effective operation of infrastructure networks/grids. The European Network of Transmission System Operators for Electricity (ENTSO-E) and for Gas (ENTSO-G) should submit proposals to the Commission for the design and implementation of appropriate real-time operational coordination of European energy infrastructure taking into account different regional operational requirements.
Amendment 555 #
2011/0300(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where a project promoter incurs higher risks for the development, construction, operation or maintenance of a project of common interest falling under the categories set out in points 1 and 2 of Annex II, except for hydro-pumped electricity storage projects, gas storage facilities and LNG plants, compared to the risks normally incurred by a comparable infrastructure project, and where such risks are not covered under an exemption pursuant to Article 36 of Directive 2009/73/EC or Article 17 of Regulation (EC) No 714/2009, national regulatory authorities shall ensure that appropriate incentives are granted to that project when applying Article 37(8) of Directive 2009/72/EC, Article 41(8) of Directive 2009/73/EC, Article 14 of Regulation (EC) No 714/2009, and Article 13 of Regulation (EC) No 715/2009. Where hydro-pumped electricity storage plants are treated as final consumers in respect of the payment of network charges, the Member States shall in future exempt such plants from the levying of such charges.
Amendment 579 #
2011/0300(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Operational coordination 1. In order to ensure the reliable and efficient operation of the Union's energy infrastructure, including projects of common interest, the ENTSO for Electricity and the ENTSO for Gas shall submit to the Agency and to the Commission, within 6 months of the entry into force of this Regulation, their respective proposals for the design and implementation of appropriate real-time operational coordination, taking into account different regional operational requirements. 2. The proposals shall include: a) complete functional specifications, clearly indicating the information to be collected and shared among all interconnected transmission system operators within each interconnected area; b) implementation schedules; 3. Within 3 months of the date of receipt of the proposals, the Agency shall publish a reasoned opinion on the proposals. 4. Within 3 months of the date of the receipt of the Agency's opinion, the Commission shall instruct the ENTSO for Electricity and the ENTSO for Gas to start the implementation of the appropriate operational coordination. 5. The operational information referred to in Article 2a shall be made available in real-time to all interconnected system operators and to the Agency. Each system operator shall designate a contact point in charge of answering inquiries concerning such information from the Agency or from other system operators.
Amendment 20 #
2011/0299(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Telecommunications networks and services are increasingly becoming internet-based infrastructures, with broadband networks and digital services closely interrelated. The internet is becoming the dominant platform for communication, services, and doing business. Therefore, the trans-European availability of fast Internet access and digital services in the public interest is essential for economic growth, competitiveness and the Single Market.
Amendment 21 #
2011/0299(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 17 June 2010, the European Council endorsed the Digital Agenda for Europe and called upon all institutions to engage in its full implementation. The Digital Agenda aims to chart a course to maximise the social and economic potential of information and communication technologies, in particular through the deployment of high-speed broadband networks by seeking to ensure that by 2020 all Europeans have access to internet speeds of above 30 Mbps and 50% or more of European households subscribe to internet connections above 100 Mbps which may be based on different technologies. The Digital Agenda aims to establish a stable legal framework to stimulate investments in an open and competitive high speed internet infrastructure and in related services; a true single market for online content and services; active support for the digitisation of Europe's rich cultural heritage, and the promotion of internet access and take-up by all, especially through support of digital literacy and accessibility. In addition, Member States should implement operational national plans for high speed internet, targeting public funding on areas not fully served by private investments in internet infrastructures and promote deployment and usage of modern accessible online services.
Amendment 22 #
2011/0299(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Within the framework of a system of open and competitive markets, the Union's intervention is necessary where market failures need to be overcome and measures taken to overcome under- investment in non-commercial projects. By providing financial support and additional financing leverage to infrastructure projects the Union can contribute to the establishment and development of trans-European networks in the area of telecommunications, thus generating higher benefits in terms of market impact, administrative efficiency and resource utilisation.
Amendment 28 #
2011/0299(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2) contribute to improvements in daily life for citizens, businesses and governments through the promotion of the interconnection and interoperability of national telecommunication networks as well as access to such networks, bearing in mind that the more sparsely populated and less developed regions must be included and served with connections.
Amendment 30 #
2011/0299(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3) stimulate Europe-wide deployment of fast and ultra-fast broadband networks, in accordance with the principle of technology neutrality, which, in turn, shall facilitate the development and deployment of trans- European digital services.
Amendment 31 #
2011/0299(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3) stimulate Europe-wide deployment of fast and ultra-fast broadband networks which, in turn, shall facilitate the development and deployment of trans- European digital services. and ensure the sustained competitiveness of European industry;
Amendment 32 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b) the deployment of broadband networks using all available technologies, in accordance with the principle of technology neutrality, to link island, landlocked and peripheral regions with the central regions of the Union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 Mbps and above;
Amendment 15 #
2011/0298(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d – point ii
Article 2 – paragraph 1 – point d – point ii
ii) are a member of or a participant in a regulated market or MTF and practise algorithmic trading; or
Amendment 50 #
2011/0298(COD)
Proposal for a directive
Article 97 – paragraph 1 – subparagraph 3
Article 97 – paragraph 1 – subparagraph 3
Members States shall apply these measures from […]...* except for the provisions transposing Article 67(2) which shall apply from [2 years after the application date for the rest of the Directive]. ...**. Member States shall apply these measures not before ...** to persons whose main business is dealing on own account in commodities and / or commodity derivatives. Sub-paragraph 3 of the existing Directive shall apply where the persons that deal on own account in commodities and/or commodity derivatives are part of a group the main business of which is the provision of other investment services within the meaning of this Directive or banking services under Directive 2000/12/EC; ___________ * OJ: please insert date corresponding to two years after the entry into force of this Directive. * OJ: please insert date corresponding to two years after the start of the general application of the provisions of this Directive, in accordance with sub- paragraph 3.
Amendment 1 #
2011/0296(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF based on the trading system operated shall make public prices and the depth of trading interests at those prices for orders or quotes advertised through their systems for bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTFwhich are subject to the trading obligations as referred to in Article 24. This requirement shall also apply to actionable indications of interests. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make this information available to the public on a continuous basis during normal trading hours. This publication obligation does not apply to derivative transactions of non-financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 2 #
2011/0296(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public the price, volume and time of the transactions executed in respect of bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTFwhich are subject to the trading obligations as referred to in Article 24. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make details of all such transactions public as close to real-time as is technically possible. This publication obligation does not apply to derivative transactions of non-financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 3 #
2011/0296(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Systematic internalisers shall provide firm quotes in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are admitted to trading onsubject to the trading obligations as regulated market or are traded on an MTF or an OTFferred to in Article 24 when the following conditions are fulfilled:
Amendment 4 #
2011/0296(COD)
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1 a (new)
Article 17 – paragraph 5 – subparagraph 1 a (new)
This publication obligation does not apply to such derivative transactions of non- financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 5 #
2011/0296(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Investment firms which, either on own account or on behalf of clients, conclude transactions in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are reported to trade repositories in accordance with Article [6] of Regulation [EMIR] or are admitted to trading subject to the trading obligations as regulated market or are traded on an MTF or an OTFferred to in Article 24 shall make public the volume and price of those transactions and the time at which they were concluded. This information shall be made public through an APA. This publication obligation does not apply to such derivative transactions of non- financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 6 #
2011/0296(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The trading obligation shall not apply to wholesale energy products which are subject to appropriate monitoring by the competent prudential-supervision authorities as defined in Regulation (EU) No 2011/1227 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency.
Amendment 9 #
2011/0296(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. For persons whose main business consists of dealing on own account in commodities and/or commodity derivatives, the Regulation shall apply in full only from ...*. Where the persons that deal on own account in commodities and/or commodity derivatives are part of a group the main business of which is the provision of investment services under Directive 2004/39/EG or banking services under Directive 2000/12/EG, the Regulation shall apply in accordance with paragraph 2. __________ * OJ: Please enter date two years on from the date of entry into force of this regulation.
Amendment 244 #
2011/0276(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
19a. The Commission should, at the request of the relevant Member State, be able to make an ad hoc decision on the rules and conditions applicable to this programme, in particular on the basis of the funds released due to corrections and suspensions relating to the Structural Funds and the Cohesion Fund;
Amendment 269 #
2011/0276(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) To ensure the effectiveness, fairness and sustainable impact of the intervention of the CSF Funds, there should be provisions guaranteeing that investments in businesses and infrastructures are long- lasting and prevent the CSF Funds from being used to undue advantage. Experience has shown that a period of five10 years is an appropriate minimum period to be applied, except where State aid rules foresee a different period. It is appropriate to exclude actions supported by the ESF and those not entailing productive investment or investment in infrastructure from the general requirement of durability, unless such requirements are derived from applicable State aid rules, and to exclude contributions to or from financial instruments.
Amendment 270 #
2011/0276(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
Amendment 271 #
2011/0276(COD)
Proposal for a regulation
Recital 41 b (new)
Recital 41 b (new)
(41b) In the case of direct subsidies to undertakings, it should be recognised that cohesion policy funding, rather than influencing decisions by companies, particularly bigger companies, to open a plant in a given location, tends to be pocketed by companies which have already taken such decisions (deadweight effect). Support for large private undertakings should therefore be focussed on investment in research and development or provided, in more cases, indirectly through infrastructure financing;
Amendment 272 #
2011/0276(COD)
Proposal for a regulation
Recital 41 c (new)
Recital 41 c (new)
(41c) The Structural Funds Regulation should contain an explicit regulation excluding all EU financing for relocations within the Union and reducing the threshold for reviewing investments of this kind to EUR 25 million, thereby excluding large enterprises from receiving direct subsidies and limiting the duration of operation to 10 years;
Amendment 289 #
2011/0276(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to promote the Treaty objectives of economic, social and territorial cohesion, the 'Investment for growth and jobs' goal should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, resources under that goal should be allocated from the ERDF and the ESF among the less developed regions, the transition regions and the more developed regions according to their gross domestic product (GDP) per capita in relation to the EU average. In order to ensure the long-term sustainability of investment from the Structural Funds, all regions which received support for the 2007–2013 period under the ‘Convergence’ goal, including regions which received support in this period, including ‘Phasing Out’ regions referred to in Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/19991, whose GDP per capita for the 2007-–2013 period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita has grown to more than 75 % of the EU-27 average should receive at least two thirds of their 2007-–2013 allocation. Member States whose per capita gross national income (GNI) is less than 90 % of that of the Union average should benefit under the 'Investment for growth and jobs' goal from the CF. _________________ 1 OJ L 210, 31.7.2006, p. 25.
Amendment 314 #
2011/0276(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure a genuine economic impact, support from the Funds should not replace public expenditure or equivalent structural expenditure by Member States under the terms of this Regulation. In addition, so that the support from the Funds takes into account a broader economic context, the level of public expenditure should be determined with reference to the general macroeconomic conditions in which the financing takes place based on the indicators provided in the Stability and Convergence Programmes submitted annually by Member States in accordance with Regulation (EC) No 1466/1997 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies. Verification by the Commission of the principle of additionality should concentrate on the Member States in which less developed and transition regions cover at least 15% of the population because of the scale of the financial resources allocated to themsider all regions.
Amendment 341 #
2011/0276(COD)
Proposal for a regulation
Recital 87
Recital 87
(87) The frequency of project audits should be proportionate to the support provided by the EU from the Funds. The number of audits should be limited particularly in cases where the total eligible costs of the project do not exceed EUR 100 000. The Commission should have an audit obligation for projects exceeding EUR 25 million. The option of auditing a project within the framework of sample audit should always be available if there is any suggestion of irregularity, relocation or fraud, or after a project has been completed. To ensure the extent of the audits performed by the Commission is proportionate to the risk, the Commission should reduce its audit work relating to operational programmes if there are no significant deficiencies or if the audit authority is reliablehas shown itself to be reliable in previous funding periods.
Amendment 621 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c a (new)
Part 2 – article 14 – paragraph 1 – point c a (new)
(ca) an integrated infrastructure development strategy for the regions, particularly with reference to the integrated use of the CPR Fund, the ‘Connecting Europe’ facility and the TEN Fund with particular consideration of cross-border connections and regional links to transnational transport axes;
Amendment 627 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point d – point iii a (new)
Part 2 – article 14 – paragraph 1 – point d – point iii a (new)
(iiia) measures for the efficient allocation of resources, taking competition procedures into consideration;
Amendment 735 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 21 – paragraph 7 a (new)
Part 2 – article 21 – paragraph 7 a (new)
7a. In the case of Member States that receive financial assistance according to Paragraph 1, Letter d, the Commission can, at the request of the relevant Member State, use an implementing measure to establish a special programme according to Article 53a of the Financial Regulation (centralised management) that allocates suspended or withdrawn payments of the relevant Member State to the objectives of Article 21(4) (greatest possible increase in the effects of the available resources on growth and competitiveness);
Amendment 739 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 22 – paragraph 2 a (new)
Part 2 – article 22 – paragraph 2 a (new)
2a. Member States that meet one of the conditions of Paragraph 1, Letters a, b, or c can, in order to stabilise their economic position and to avoid a disastrous loss of resources, request that the Commission should use an implementing measure to establish a special programme according to Article 53a of the Financial Regulation (centralised management) which ensures that suspended or withdrawn payments of the relevant Member State enable the objectives of Article 21(4) (greatest possible increase in the effects of the available resources on growth and competitiveness) to be achieved as quickly as possible;
Amendment 915 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 38 – paragraph 2 a (new)
Part 2 – article 38 – paragraph 2 a (new)
Member States in a difficult financial situation which fulfil the criteria set out in Article 22(1) shall make use of the resources referred to in paragraph 1 and 2, where appropriate with the support of the Commission and with regard to maximising growth and competitiveness, in particular grants for economy-related infrastructure projects.
Amendment 1104 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 1 – subparagraph 1 – introductory part
Part 2 – article 61 – paragraph 1 – subparagraph 1 – introductory part
An operation comprising investment in infrastructure or productive investment shall repay the contribution from the CSF Funds if within five10 years from the final payment to the beneficiary or within the period of time set out in the State aid rules, where applicable, it is subject to:
Amendment 1108 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 1 a (new)
Part 2 – article 61 – paragraph 1 a (new)
1a. When assessing projects valued in excess of EUR 25 million, the Commission should have all the necessary information to enable it to estimate whether the level of funding would lead to significant job losses at existing locations in the European Union, so as to ensure that Community funding is not used to support changes of location within the Union.
Amendment 1123 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 64 – paragraph 1
Part 2 – article 64 – paragraph 1
1. In accordance with [Article 56(3)] of the Financial Regulation, each body responsible for the management and control of expenditure under the CSF Funds shall be accredited by formal decision of an accrediting authority at ministerial level., provided that the Commission has been able to gain sufficient confidence in the administrative structures of the Member State in the last funding periods;
Amendment 1124 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 64 – paragraph 1 a (new)
Part 2 – article 64 – paragraph 1 a (new)
1a. If uncertainties exist in relation to the administrative capacity of a Member State, the Commission shall assume the functions of an accreditation authority;
Amendment 1193 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 82 – paragraph 2 – subparagraph 1 – point b
Part 3 – article 82 – paragraph 2 – subparagraph 1 – point b
Amendment 1194 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 82 – paragraph 2 – subparagraph 1 – point c
Part 3 – article 82 – paragraph 2 – subparagraph 1 – point c
(c) more developed regions, whose GDP per capita is above 9075 % of the average GDP of the EU-27.
Amendment 1281 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
3. At least 215 % of the Structural Funds resources for less developed regions, 40% for transition regions and 525 % for more developed regions in each Member State shall be allocated to the ESF. For the purposes of this provision, the support to a Member State through the [Food for deprived people instrument] shall be considered as part of the share of Structural Funds allocated to the ESF.
Amendment 1301 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 4 a (new)
Part 3 – article 84 – paragraph 4 a (new)
Amendment 1314 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 8
Part 3 – article 84 – paragraph 8
8. Resources for the European territorial cooperation goal shall amount to 3,487 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 (i.e. a total of EUR 11 700 000 004xxx).
Amendment 1332 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 86 – paragraph 4 – subparagraph 1
Part 3 – article 86 – paragraph 4 – subparagraph 1
Amendment 1364 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point i
Part 3 – article 87 – paragraph 2 – point c – point i
i) the mechanisms that ensure coordination between the Funds, the EAFRD, the EMFF, the CEF and other Union and national funding instruments, and with the EIB;
Amendment 1384 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point vi a (new)
Part 3 – article 87 – paragraph 2 – point c – point vi a (new)
vi a) the determination of areas in which cross-border infrastructural links and/or regional links are promoted;
Amendment 1404 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point g – point ii a (new)
Part 3 – article 87 – paragraph 2 – point g – point ii a (new)
ii a) the planned linking of Structural Fund and Cohesion Fund resources with other financial instruments, in particular the CEF;
Amendment 1408 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point h – point i a (new)
Part 3 – article 87 – paragraph 2 – point h – point i a (new)
i a) determination of the procedure for allotting funds also using competitive procedures;
Amendment 1437 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 90 – paragraph 1 a (new)
Part 3 – article 90 – paragraph 1 a (new)
Large projects in highly developed regions are eligible if they feature an infrastructural focus according to Article 9(7);
Amendment 1455 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 92 – paragraph 1 a (new)
Part 3 – article 92 – paragraph 1 a (new)
Amendment 1494 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 99 – paragraph 1
Part 3 – article 99 – paragraph 1
1. Where an urban development strategy, an infrastructural strategy, or other territorial strategy or pact as defined in Article 12(1) of Regulation…[ESF] requires an integrated approach involving investments under more than one priority axis of one or more operational programmes, the action shall be carried out as an integrated territorial investment (an ‘ITI’).
Amendment 1602 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
Part 3 – article 110 – paragraph 3 – subparagraph 1 – point d
(d) 75 % for the less developed regions of Member States other than those referred to in points (b) and (c), and for all regions whose GDP per capita for the 2007-–2013 period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita is above 75 % of the GDP average of the EU-27 and for the regions funded as so-called Phasing Out Regions under the convergence objective in the period 2007–2013;
Amendment 42 #
2011/0275(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A decisive factor for a region's development is its capacity for innovation, which in turn depends heavily on research and development. The lack of outstanding research facilities that might attract both top international scientists and their own next generation of researchers poses a serious barrier to development in many regions. Almost all of Europe's regions have a successful diaspora of scientists working at the best research institutions in the world, including outside Europe. It will benefit the whole European Innovation Union if these talented people return. The ERDF should therefore support all the efforts made by the regions to set up such research institutions in an innovation- friendly environment. All possible synergies with 'Horizon 2020' should be exploited, in particular where regions apply for support under the 'Horizon 2020' programme by, for example, taking part in a competition for the creation of outstanding research institutions alongside an existing top research body. It is only through such measures that new institutions can become centres of gravity that will attract innovative enterprises and develop into a nucleus for research and innovation clusters.
Amendment 58 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii
(iii) support to public research and innovation bodies and investment in technology and applied research in enterprises; this includes the creation of top research institutions, for example as part of a corresponding competition under the Horizon 2020 programme, and support for all appropriate measures that will make these institutions internationally attractive, including internationally competitive salaries;
Amendment 76 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
(a) enhancing research and innovation infrastructure (R&I) and capacities to develop R&I excellence and promoting centres of competence, in particular those of European interest and those presenting possible synergies with other European programmes, for example with the competition to create top research institutions under Horizon 2020;
Amendment 76 #
2011/0275(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 145 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) investment in economy-related infrastructures
Amendment 189 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii
(iii) support to public research and innovation bodies and investment in technology and applied research in enterprises; this includes the establishment of top-class research institutions, for example as part of a corresponding competition under the aegis of Horizon 2020, as well as the promotion of all measures to ensure the international attractiveness of these institutions, including internationally competitive salaries;
Amendment 190 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii a (new)
Article 3 – paragraph 1 – subparagraph 1 – point d – point iii a (new)
(iii a) support for the redevelopment of former industrial and mining areas;
Amendment 278 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) at least 540 % of the total ERDF resources at national level shall be allocated to the thematic objectives set in out in point 1, 3 and 4 of Article 9 of Regulation (EU) No […]/2012 [CPR]
Amendment 292 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i a (new)
Article 4 – paragraph 1 – point b – point i a (new)
(i a) at least 30 % of the total ERDF resources at national level shall be allocated to the thematic objectives set out in points 7, 8 and 10 of Article 9 Regulation (EU) No [...]/2012 [CPR];
Amendment 306 #
2011/0275(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
By derogation from point (a) (i), in those regions whose GDP per capita for the 2007-13 period was less than 75% of the average GDP of the EU-25 for the reference periodich received funding from the Convergence objective for the 2007-13 period, in other words including the Phasing Out Regions under Article 8(1) of Regulation No 1083/2006, but which are eligible under the category of transition or more developed regions as defined in Article 82(2)(b) and (c) of Regulation (EU) No [ ]/2012 [CPR] in the 2014-2020 period, at least 60 % of the total ERDF resources at national level shall be allocated to each of the thematic objectives set in out in points 1, 3 and 4 of Article 9 of Regulation (EU) No […]/2012 [CPR].
Amendment 331 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
(a) enhancing research and innovation infrastructure (R&I) and capacities to develop R&I excellence and promoting centres of competence, in particular those of European interest; and if there are potential synergies with other European programmes such as the establishment of centres of excellence competition under Horizon 2020;
Amendment 500 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 5 – point b
Article 5 – paragraph 1 – point 5 – point b
(b) promoting investment to address specific risks, ensuring regional disaster resilience and developing regional disaster management systems. while respecting national competencies;
Amendment 555 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point a
Article 5 – paragraph 1 – point 7 – point a
(a) supporting a multimodal Single European Transport Area by investing in the Trans-European Transport Network (TEN-T) network also including the CEF;
Amendment 556 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point a a (new)
Article 5 – paragraph 1 – point 7 – point a a (new)
(a a) supporting a multi-modal, unitary European transport area through investment in transport providers with the best possible integration of the CEF;
Amendment 569 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 7 – point c
Article 5 – paragraph 1 – point 7 – point c
(c) developing environment-friendly and low-carbon transport systemsustainable transport systems for all forms of transport, while ensuring the lowest possible carbon emissions and promoting sustainable urban mobility;
Amendment 78 #
2011/0274(COD)
Proposal for a regulation
Article 3 – point d – subpoint i
Article 3 – point d – subpoint i
(i) supporting a multi-modal Single European Transport Area by investing in the Trans-European Transport Network, also involving the CEF, the EFRD and territorial cohesion;
Amendment 80 #
2011/0274(COD)
Proposal for a regulation
Article 3 – point d – subpoint i a (new)
Article 3 – point d – subpoint i a (new)
(ia) supporting a multi-modal Single European Transport Area by investing in feeder routes, with optimum involvement of the CEF, the EFRD and territorial cohesion;
Amendment 83 #
2011/0274(COD)
Proposal for a regulation
Article 3 – point d – subpoint ii
Article 3 – point d – subpoint ii
(ii) developing environment-friendly and low-carbon transport systems includingsustainable transport systems for all modes of transport, taking account in each case of the lowest possible carbon emissions and promoting sustainable urban mobility;
Amendment 140 #
2011/0273(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Resources for the European territorial cooperation goal shall amount to 3,48 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 and set out in Article 83(1) of Regulation (EU) No[…/2012 [CPR] (i.e., a total of EUR 11 700 000 004xxx) and shall be allocated as follows:
Amendment 192 #
2011/0273(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point i
Article 6 – paragraph 1 – point a – point i
(i) integrating cross-border labour markets, including cross-border transport infrastructure and mobility, joint local employment initiatives and joint training (within the thematic objective of promoting employment and supporting labour mobility);
Amendment 262 #
2011/0273(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c – point i
Article 7 – paragraph 2 – point c – point i
(i) the mechanisms that ensure coordination between the Funds, the EAFRD, the CEF, the EMFF and other Union and national funding instruments and with the European Investment Bank (EIB);
Amendment 280 #
2011/0273(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c – point v a (new)
Article 7 – paragraph 2 – point c – point v a (new)
(va) if necessary a cross-border infrastructure strategy;
Amendment 289 #
2011/0273(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point e – point iii a (new)
Article 7 – paragraph 2 – point e – point iii a (new)
iiia) the planned use and combination of CEF, ERDF and TEN-T programmes and funding;
Amendment 298 #
2011/0273(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point iii a (new)
Article 7 – paragraph 3 – subparagraph 1 – point iii a (new)
(iiia) a description of the measures for improving cross-border infrastructure;
Amendment 49 #
2011/0268(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) At the same time, it is crucial to support the development and competitiveness of European small and medium-sized enterprises and to ensure that people can adapt, through acquiring appropriate skills and through lifelong learning opportunities, to new challenges such as the shift to a knowledge-based economy, the digital agenda, and the transition to a low-carbon and more energy-efficient economy. By pursuing its primary thematic objectives, the ESF should contribute to addressing these challenges. In this context, the ESF should support the labour force transition towards greener skills and jobs, in particular in the energy efficiency, renewable energy and sustainable transport sectors, taking into account the Union's intention to increase the proportion of the EU budget that is related to climate mainstreaming to at least 20%, with contributions from different policy fields.
Amendment 127 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i a (new)
Article 3 – paragraph 1 – point b – point i a (new)
(i a) establishment and strengthening of practical, economy-related training for young people through dual education systems that link theoretical and practical course content in a meaningful way;
Amendment 260 #
2011/0268(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point b a (new)
Article 11 – paragraph 3 – point b a (new)
(b a) to increase education and training, particularly among young people;
Amendment 207 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 214 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 230 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 121 #
2011/0172(COD)
Draft legislative resolution
Citation 4
Citation 4
Amendment 122 #
2011/0172(COD)
Proposal for a directive
Citation 3
Citation 3
– After transmission of the draft legislative act to the national parliaments and after taking account of the concerns – some of them strong – expressed in the reasoned opinions regarding compliance with the proportionality and subsidiarity principles,
Amendment 123 #
2011/0172(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Union is facing unprecedented challenges resulting from increased dependence on energy imports and scarce energy resources, and the need to limit climate change and to overcome the economic crisimajor challenges arising at least partly from the strong scepticism which is felt towards shale gas, the refusal to import oil products derived from oil sands and the move away from using domestically mined coal and the resultant increased dependence on energy imports from insecure third countries and dwindling energy resources. Energy efficiency is aone among several valuable means to address these challenges. It improves the Union's security of supply by reducing primary energy consumption and decreasing energy imports. It helps to reduce greenhouse gas emissions in a cost- effective way and thereby to mitigate climate change, as it can decouple economic growth and the rise in energy demand. Shifting to a more energy- efficient economy should also accelerate the spread of innovative technological solutions without favouring individual producers or suppliers and improve the competitiveness of industry in the Union, boosting economic growth and creating high quality jobs in several sectors related to energy efficiency.
Amendment 128 #
2011/0172(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Presidency Conclusions of the European Council of 8 and 9 March 2007 emphasized the need to increase energy efficiency in the Union to achieve the objective of saving 20% of the Union’s primary energy consumption by 2020 compared to projections. ThisA reduction of the Union's primary energy consumption by 20% by 2020 amounts to an absolute reduction of the Union's primary energy consumption of 368 Mtoe in 2020 or an energy intensity of 104 Toe per million euros of GDP to be attained, which in turn would be equivalent to a 37% increase in energy efficiency.
Amendment 135 #
2011/0172(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Presidency Conclusions of the European Council of 17 June 2010 confirmed the energy efficiency target as one of the headline targets of the Union's new strategy for jobs and smart, sustainable and inclusive growth (Europe 2020 Strategy). Under this process and in order to implement this objective at national level, Member States are required to set national targets in close dialogue with the Commission and to indicate, in their National Reform Programmes, how they intend to achieve them. The Commission must ensure that, in attaining the objectives, disparities in energy efficiency among the EU Member States are reduced, rather than letting individual Member States act as lone pioneers, thus further accentuating disparities within the EU.
Amendment 139 #
2011/0172(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In its Resolution of 15 December 2010 on the Revision of the Energy Efficiency Action Plan, the European Parliament called on the Commission to include in its revised Energy Efficiency Action Plan measures to close the assumed gap to reach the overall EU energy efficiency objective in 2020. More recent data and information show that the gap is considerably smaller than was assumed even as recently as mid-2011.
Amendment 143 #
2011/0172(COD)
Proposal for a directive
Recital 6
Recital 6
(6) One of the flagship initiatives of the Europe 2020 Strategy is the resource- efficient Europe flagship adopted by the Commission on 26 January 2011. This identifies energy efficiency as a major element in ensuring the sustainability of the use of energy and other resources.
Amendment 147 #
2011/0172(COD)
Proposal for a directive
Recital 8
Recital 8
(8) On 8 March 2011, the Commission adopted the Energy Efficiency Plan 2011. This confirmed that the Union is probably not on track to achieve its energy efficiency target. To remedy this, it spelled out a series of energy efficiency policies and measures covering the full energy chain, including energy generation, transmission and distribution; the leading role of the public sector in energy efficiency; buildings and appliances; industry; and the need to empower final customers to manage their energy consumption. Energy efficiency in the transport sector was considered in parallel in the White Paper on Transport, adopted on 28 March 2011. In particular, Initiative 26 of the White Paper calls for appropriate standards for CO2 emissions of vehicles in all modes, where necessary supplemented by requirements on energy efficiency to address all types of propulsion systems.
Amendment 150 #
2011/0172(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The Commission has moreover frequently stressed that a change in consumer behaviour while quality of life remains unchanged must also make a significant contribution to energy saving if the 20% objective is to be attained.1 __________________ Commission Communication of 19 October 2006: ‘Action Plan for Energy Efficiency: Realising the Potential’ (COM(2006)545)
Amendment 151 #
2011/0172(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In this context it is necessary tothe opportunity presents itself of updateing the Union's legal framework for energy efficiency with a Directive pursuing the overall objective of the energy efficiency target of saving 20% of the Union’s primary energy consumption by 2020, and of making further energy efficiency improvements afteror achieving a corresponding increase in energy productivity by 2020. To this end, it should establish a common framework to promote energy efficiency within the Union and lay down specific actionsaving measures, a common methodology for calculating savings and monitoring procedures to implement some of the proposals included in the Energy Efficiency Plan 2011 and achieve the significant unrealised energy saving potentials it identifies. The Directive should also propose to the Member States instruments which can be used to achieve energy savings.
Amendment 155 #
2011/0172(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The Effort Sharing Decision (No 406/2009/EC) requires the Commission to assess and report by 2012 on the progress of the Community and its Member States towards the objective of reducing energy consumption by 20% by 2020 compared to projections. It also states that, to help Member States meet the Community’s greenhouse gas emission reduction commitments, the Commission should propose, by 31 December 2012, strengthened or new measures to accelerate energy efficiency improvements. This Directive responds to this requirement. It also contributes to meeting the goals set out in the Roadmap for moving to a competitive low carbon economy in 2050, notably by reducing greenhous, further to the gas emissions from the energy sector, and to achieving zero emission electricity production by 2050sessment undertaken.
Amendment 160 #
2011/0172(COD)
Proposal for a directive
Recital 12
Recital 12
(12) An integrated approach, taking due account of local circumstances, must be taken to tap all the existing energy saving potential, encompassing savings in the energy supply and the end-use sectors. At the same time, the provisions of Directive 2004/8/EC on promotion of cogeneration based on a useful heat demand in the internal energy market25 and Directive 2006/32/EC on energy end-use efficiency and energy services26 should be strengthened.
Amendment 165 #
2011/0172(COD)
Proposal for a directive
Recital 13
Recital 13
(13) It would be preferablThe primary energy saving objective for the 20% energy efficiency target to be achieved as a result of the cumulative implementation of specific natalternatively the energy intensity objective must be attained at local level. Local, regional and Europeannational measures to promotinge energy efficiency in different fields. If that approach does not succeed, it would however be necessary to reinforce the policy framework by adding a system of binding targets. In a first stage, therefore, Member States should be required to set national energy efficiency targets, schemes and programmes. It should be for them to decide whether these targets should be binding or indicative in their territory. In a second stage, these targets and the individual efforts of eachsaving are therefore extremely important. The Commission should observe the development of competition among instruments and, by analysing the various instruments while taking into account local circumstances, draw up an overview of the most efficient instruments and their cost. On the basis of this overview, it should be able to make recommendations to the Member States and local authorities. The Member States should be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal. The Commission should therefore closely monitor the implementation of national energy efficiency programmes through its revised legislative framework and within the Europe 2020 process. If this assessmentadopt national objectives for themselves, which can also be assigned to subordinate tiers of administration. It should be for them to decide whether these targets should be binding or indicative in their territory. If this assessment of national reports by the Commission shows that the overall Union target is unlikely to be achieved, then the Commission should propose mandatory national targets for 2020, taking in, jointly with the Member States, devise solutions tailored to eaccount the individual starting points of Member States, their economic performance and early action takenh specific situation by means of which the national and Union objectives can nonetheless still be attained.
Amendment 175 #
2011/0172(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The total volume of public spending is equivalent to 19% of the Union's gross domestic product. For this reason the public sector constitutes an important driver to stimulate market transformation towards more efficient products, buildings and services, as well as to trigger behavioural changes in energy consumption by citizens and enterprises. Furthermore, decreasing energy consumption through energy efficiency improvement measures can free up public resources for other purposes. Public bodies at national, regional and local level should fulfil an exemplary role as regards energy efficiency. To enable them to fulfil this role, they must be allowed a broad margin of discretion with regard to specific measures.
Amendment 176 #
2011/0172(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The rate of building renovationfurbishment for energy purposes needs to be increased, as the existing building stock represents the single biggest potential sector for energy savings. Moreover, buildings are crucial to achieving the EU objective of reducing greenhouse gas emissions by 80-95% by 2050 compared to 1990. Buildings owned by public bodies account for a considerable share of the building stock in many Member States and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance. This renovation rate should be without prejudice to the obligations with regard to nearly-zero energy buildings set in Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings27. The obligation to renovate public buildings complements the provisions of that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirementsMember States should therefore adopt programmes and instruments to significantly increase the refurbishment rate. Priority should be assigned to buildings with the greatest energy saving potential. Subsidies and other incentives could be so graduated as to provide the strongest stimulus to energy refurbishment which cuts energy consumption by more than 50%. Energy refurbishment which does not result in a saving of at least 15% in relation to the initial energy requirement, on the other hand, should not be subsidised.
Amendment 199 #
2011/0172(COD)
Proposal for a directive
Recital 16
Recital 16
(16) A number of municipalities and other public bodies in the Member States have already put into place integrated approaches to energy saving and energy supply, for example via sustainable energy action plans, such as those developed under the Covenant of Mayors initiative, and integrated urban approaches which go beyond individual interventions in buildings or transport modes. Member States should encourage municipalities and other public bodies to adopt integrated and sustainable energy efficiency plans with clear objectives, to involve citizens in their development and implementation and to adequately inform them about their content and progress in achieving objectives. Such plans can yield considerable energy savings, especially if they are implemented by energy management systems that allow the concerned public bodies to better manage their energy consumption and if genuinely holistic approaches are adopted. Exchange of experience between cities, towns and other public bodies should be encouraged with respect to the more innovative experiences.
Amendment 203 #
2011/0172(COD)
Proposal for a directive
Recital 17
Recital 17
(17) With regards to the purchase of certain products and services and the purchase and rent of buildings, public bodies which conclude public works, supply or service contracts should lead by example and make energy efficient purchasing decisions. The provisions of the EU public procurement directives should not however be affected, and cost efficiency should be ensured.
Amendment 210 #
2011/0172(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An assessment of the possibility of establishing a "white certificate" scheme (which in many Member States has resulted in small savings) at Union level has shown that, in the current situation, such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of Member States and not introduced across the Union. The latter objective can better be achieved, at least at this stage, by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings. The Commission should however define, by a delegated act, the conditions under which a Member State could in future recognise the energy savings achieved in another Member State. It is appropriate for the level of ambition of such schemes, and above all the methods of calculation, to be established in a common framework at Union level while providing significant flexibility to Member States to take full account of the national organisation of market actors, the specific context of the energy sector and final customers' habits. The common framework should give energy utilities the option of offering energy services to all final customers, not only to those to whom they sell energy. This increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services. The common framework should allow Member States to include requirements in their national scheme that pursue a social aim, notably in order to ensure that vulnerable customers have access to the benefits of highlower energy efficiencyconsumption. It should also allow Member States to exempt small companies from the energy efficiency obligation. The Commission Communication “Small Business Act” sets out principles that should be taken into account by Member States that decide to abstain from applying this possibility.
Amendment 218 #
2011/0172(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To tap the energy savings potential in certain market segments where energy audits are generally not offered commercially (such as households or small and medium-sized enterprises), Member States should ensure that energy audits are available. Energy audits should be mandatory and regular for large enterprises, as energy savings can be significantMember States should be able to create incentives for large enterprises which regularly undergo energy audits also to implement large parts of the resultant recommendations, provided that the ensuing energy savings are substantial and that no direct competitor is damaged.
Amendment 231 #
2011/0172(COD)
Proposal for a directive
Recital 20
Recital 20
(20) These audits should be carried out in an independent and cost-effective manner. The requirement for independence allows the audits to be carried out by in-house experts or experts from energy service companies, provided that these are qualified or accredited, that they are not directly engaged in the activity audited, and that the Member State has put in place a scheme to assure and check their quality and to impose sanctions if needed.
Amendment 234 #
2011/0172(COD)
Proposal for a directive
Recital 21
Recital 21
(21) When designing energy efficiency improvement measures, account should be taken of efficiency gains and savings obtained through the widespread application of cost-effective technological innovations such as smart meters. To maximise the saving benefits of these innovations, final customers should be able to visualise indicators of cost and consumption and also, if they themselves so wish, have regular individual billing based on actual consumption. Insofar as space heating is included in this, users should be informed - if they are being billed on the basis of actual consumption - that the costs may be substantially higher in the winter than in the warmer months.
Amendment 246 #
2011/0172(COD)
Proposal for a directive
Recital 23
Recital 23
(23) High-efficiency cogeneration (CHP) and district heating and cooling has significant potential for saving primary energy which is largely untapped in the Union. Member States should draw up national plans to develop high-efficiency CHP and district heating and cooling. These plans should cover a sufficiently long period to provide investors with information concerning national development plans and contribute to a stable and supportive investment environment. New electricity generation installations and existing installations which are substantially refurbished or whose permit or licence is updated should be equipped with high-efficient CHP units to recover waste heat stemming from the production of electricity provided there is also sufficient demand for heating, the operation of the installation is economically viable and the downstream infrastructure is either already in place or can be extended without undue cost. This waste heat could then be transported where it is needed through district heating networks. To this end, Member States shouldmight also adopt authorisation criteria to ensure the location of installations in sites close to heat demand points. In that case Member States should however be able to lay down conditions for exemption from these obligations where certain conditions are met.
Amendment 261 #
2011/0172(COD)
Proposal for a directive
Recital 25
Recital 25
(25) To increase transparency for the final customer to be able to choose between electricity from cogeneration and electricity produced by other techniques, the Member States should have the option of guaranteeing the origin of high- efficiency cogeneration should be guaranteed on the basis of harmonised efficiency reference values. Guarantee of origin schemes do not by themselves imply a right to benefit from national support mechanisms. It is important that all forms ofIf a Member State decides to do this, it is important that all forms of electricity, including electricity produced from wind or solar energy, as well as from nuclear power, coal, gas, wave power, nuclear fusion and other future technologies are covered by guarantees of origin. Where electricity is produced from high-efficiency cogeneration can be covered by guarantees of origin. Guarantees of origin should be distinguished from exchangeable certificates. a mixture of sources, the percentage share of each individual source, together with the cost – and the extra cost incurred by supplying this information – should be stated in order to ensure full transparency. Guarantees of origin should be distinguished from exchangeable certificates and do not by themselves imply a right to benefit from national support mechanisms.
Amendment 262 #
2011/0172(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The specific structure of the cogeneration and district heating and cooling sectors, which include many small and medium-sized producers, should be taken into account, especially when reviewing the administrative procedures for obtaining permission to construct cogeneration capacity or associated networks, in application of the "Think Small First" principle, provided the highest efficiency standards are complied with so as to meet the objective of the Directive.
Amendment 267 #
2011/0172(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Most EU businesses are small and medium-sized enterprises (SMEs). They represent an enormous energy saving potential for the EU. To help them adopt energy efficiency measures, Member States should establish a favourable framework aimed at providing SMEs with technical assistance and targeted information. Ideally, SMEs would then also be made responsible for implementing energy efficiency and savings measures, so that new jobs would be created there, or at least existing ones retained.
Amendment 271 #
2011/0172(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions includes energy efficiency among the criteria for determining the Best Available Techniques that should serve as a reference for setting the permit conditions for installations within its scope, including combustion installations with a total rated thermal input of 50 MW or more. However, that Directive gives Member States the option not to impose requirements relating to energy efficiency on combustion units or other units emitting carbon dioxide on the site, for the activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community. To ensure that significant energy efficiency improvements are achieved in electricity and heat generation installations and mineral oil and gas refineries, actual energy efficiency levels should be monitored and compared with the relevant energy efficiency levels associated with the application of the Best Available Techniques. The Commission should compare energy efficiency levels and consider proposing additional measurespublish the results, while ensuring the protection of confidential data, if significant discrepancies exist between the actual energy efficiency levels and the levels associated with the application of the Best Available Techniques. The information collected on the actual energy efficiency values should also be used in reviewing the harmonised efficiency reference values for separate production of heat and electricity set out in Commission Decision 2007/74/EC of 21 December 2006In that case the Commission, together with the Member States and the operators, should collaborate to find solutions to increasing energy efficiency without undermining competition.
Amendment 275 #
2011/0172(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Member States should establish, on the basis of objective, transparent and non- discriminatory criteria, rules governing the bearing and sharing of costs of grid connections and grid reinforcements and for technical adaptations needed to integrate new producers of electricity produced from high efficiency cogeneration, taking into account guidelines and codes developed in accordance with Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 and Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005. Producers of electricity generated from high-efficiency cogeneration should be allowed to issue a call for tender for the connection work. Access to the grid system for electricity produced from high- efficiency cogeneration, especially for small scale and micro-cogeneration units, should be facilitated. In particular it needs to be ensured that such electricity has priority access over electricity from renewable sources, since it will otherwise not be possible to guarantee the high efficiency of producing electricity combined with heating or cooling.
Amendment 279 #
2011/0172(COD)
Proposal for a directive
Recital 30
Recital 30
(30) A sufficient number of reliable professionals competent in the field of energy efficiency should be available to ensure the effective and timely implementation of this Directive, for instance as regards compliance with the requirements on energy audits and implementation of energy efficiency obligation schemes. Member States should therefore put in place certification schemes for the providers of energy services, energy audits and other energy efficiency improvement measures. The Member States should also offer special language courses for qualified expert staff in order to promote the mobility of service providers and workers within the EU.
Amendment 281 #
2011/0172(COD)
Proposal for a directive
Recital 31
Recital 31
(31) It is necessary to continue developing the market for energy services to ensure the availability of both the demand and the supply of energy services. Transparency, for example by means of lists of energy services providers, can contribute to this. Model contracts and guidelines, in particular for energy performance contracting, can also help stimulate demand. As in other forms of third-party financing arrangements, in an energy performance contract the beneficiary of the energy service avoids investment costs by using part of the financial value of energy savings to repay the investment fully or partially carried out by a third party. At the same time, however, it needs to be ensured that not only measures with a rapid return are offered but a mix of differing measures to ensure that more effort- intensive and thus more expensive measures are also tackled swiftly.
Amendment 286 #
2011/0172(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Member States and regions should be encouraged to make full use of the Structural Funds and the Cohesion Fund to trigger investments in energy efficiency improvement measures. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and reduction of fuel poverty in households, and therefore has a positive contribution to economic, social and territorial cohesion. Potential areas for funding include energy efficiency measures in public buildings and housing, promotion of the construction of near- zero-energy buildings up to the end of 2020 at the latest, and providing new skills to promote employment in the energy efficiency sector.
Amendment 294 #
2011/0172(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In the implementation of the 20% energy efficiencysavings target, the Commission will have to monitor the impact of new measures on Directive 2003/87/EC establishing the EU's emissions trading directive (ETS) in order to maintain the incentives in the emissions trading system rewarding low carbon investments and preparing the ETS sectors for the innovations needed in the future. This presupposes that the economy can rely on a stable legal framework. Any change to the agreed emissions trading scheme before 2020 that constitutes an additional obstacle should therefore be clearly ruled out, in order to guarantee certainty for investment and planning.
Amendment 299 #
2011/0172(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Directive 2006/32/EC requires Member States to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016, to be reached by deploying energy services and other energy efficiency improvement measures. That Directive states that the second Energy Efficiency Plan adopted by the Member States shall be followed, as appropriate and where necessary, by Commission proposals for additional measures, including extending the period of application of targets. If a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that Directive, these proposals are to address the level and nature of the targets. The impact assessment accompanying this Directive finds that the Member States are on track to achieve the 9% target, which is substantially less ambitious than the subsequently adopted 20% energy saving target for 2020, and therefore there is no need to address the level of the targetss compared with forecasts made in 2007. There is therefore no need at this stage to propose legally binding instruments as part of this directive. However, Member States which are not on track to achieve the target set for 2016 should be encouraged to implement further measures for themselves, among which binding instruments may be considered.
Amendment 303 #
2011/0172(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Since the objective of this Directive, which is to achieve the Union's energy efficiencysavings target of 20% primary energy savings by 2020 and pave the way towards further energy efficiency improvements and further energy savings beyond 2020, is not on track to be achieved by the Member States without taking additional energy efficiency measures, and can be betthe EU should be able to make recommendations to the Member Staters achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Unions to the best instruments to be used. Energy savings can nearly always be achieved at local level, and so in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union concrete measures should be adopted as close to the citizen as possible. Furthermore, traditions as well as climatic, economic and other conditions within the EU and to some extent within the Member States vary so much that there is a need for instruments tailored to each case. The EU cannot do justice to this diversity through binding instructions as to the instruments to be used. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 305 #
2011/0172(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 307 #
2011/0172(COD)
Proposal for a directive
Chapter 1 – title
Chapter 1 – title
Subject matter, scope, definitions and energy efficiencysaving targets
Amendment 318 #
2011/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive establishes a common framework for the promotion of energy efficiency within the Union in order to ensure the achievement of at least the Union's target of 20% primary energy savings bycompared to projections for 2020 and to pave the way for further energy efficiency improvements beyond that date.
Amendment 322 #
2011/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
It lays down rulemakes recommendations designed to remove barriers in the energy market and the energy service markets and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of national energy efficiencysavings targets for 2020.
Amendment 345 #
2011/0172(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Amendment 358 #
2011/0172(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. 'energy service' means the physical benefit, utility or good derived from a combination of energy with energy efficient technology or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable and measurable or estimable energy efficiency improvement or primary energyenergy end-use savings;
Amendment 363 #
2011/0172(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
4. '‘public bodies'’ means '‘contracting authorities'’ as defined in Directive 2004/18/EC, provided the contracting authority is a body governed by public law;
Amendment 398 #
2011/0172(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. 'energy performance contracting' means a contractual arrangement between the beneficiary and the provider of an energy efficiency improvement measure, according to which the payment for the investment made by the provider is in relation to a contractually agrguaranteed level of energy efficiency improvement or other agreed energy performance criterion, such as financial savings or kWH;
Amendment 430 #
2011/0172(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020 or as an absolute level of final energy consumption in 2020. When setting these targets, they shall take into account the Union’s target of 20 % energy savings, the measures provided for in this Directive, the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to promote energy efficiency within Member States and at Union level, and measures to reduce dependence on imports, increase the proportion of energy generated from renewable sources and reduce CO2 emissions.
Amendment 517 #
2011/0172(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Without prejudice to Article 7 of Directive 2010/31/EU, Member States shall ensure that as from 1 January 2014, 3 % of the total floor area of non-residential buildings owned by their public bodies is renovated each year to meet at least the minimum energy performance requirements set by the Member State concerned in application of Article 4 of Directive 2010/31/EU. The 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the Member State concerned that, on 1 January of each year, does not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU.
Amendment 556 #
2011/0172(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States may allow their public bodies to count towards their annual renovation rate the excess of renovated building floor area in a given year as if it has instead been renovated in any of the twohree previous or following years.
Amendment 563 #
2011/0172(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Alternatively, Member States may arrange for buildings belonging to other owners to be renovated or reduce the total floor area of their public buildings.
Amendment 616 #
2011/0172(COD)
Proposal for a directive
Article 4 – paragraph 4 – point b a (new)
Article 4 – paragraph 4 – point b a (new)
ba) as an alternative to (a) and (b), carry out an energy audit;
Amendment 627 #
2011/0172(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Member States may partly or wholly exempt from the application of the above provisions buildings with heritage status if compliance with minimum energy efficiency rules would perceptibly alter their character or appearance;
Amendment 660 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall set up an energy efficiency obligation schemes. Thisincentive programmes or other measures, such as energy efficiency obligation schemes, to ensure that real energy savings are made in accordance with the EU’s 2020 target. Where a Member State gives preference to an energy efficiency obligation scheme, the scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the Member State's territory achieve annual energy savings equal to 1.5% of their energy sales, by volume, in the previous year in that Member State excluding energ. This amount of energy savings shall be achieved by the obligated parties among final customers in the electricity used in transport. This amount of energy savings shall be achieved by the obligated parties among final customersctor, and among final customers who are the buildings’ owners in the heating and hot water sector. Where other instruments are used, the Member States shall ensure that the overall target of reducing energy consumption by 20% compared to projections for 2020 is attained. All installations subject to the Emissions Trading Scheme shall be exempted from this provision as a matter of principle, irrespective of whether or not free allocation takes place.
Amendment 724 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Measures that target short-term savings, as defined in Annex V(1), shall not account for more than 140% of the amount of energy savings required from each obligated party and shall only be eligible to count towards the obligation laid down in paragraph 1 if combined with measures to which longer- term savings are attributed.
Amendment 737 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the savings claimed by obligated parties are calculated in accordance with Annex V(2). They shall put in place control systems under which at least a statistically significant proportion, but no more than 0.5%, of the energy efficiency improvement measures put in place by the obligated parties is independently verified.
Amendment 755 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. Member States shall publish the energy savings achieved by each obligated party and data on the annual trend of energy savings under the scheme, while ensuring the integrity and confidentiality of private or commercially sensitive information. For the purposes of publishing and verifying the energy savings achieved, Member States shall require obligated parties to submit to them at least the following data:
Amendment 771 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Without prejudice to the existing provisions of competition law, Member States shall ensure that market actors refrain from any activities that may impede the demand for and delivery of energy services or other energy efficiency improvement measures, or hinder the development of markets for energy services or other energy efficiency improvement measures, including foreclosing the market for competitors or abusing dominant positions.
Amendment 779 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Member States may exempt small energy distributors and small retail energy sales companies, namely those that distribute or sell less than the equivalent of 75 GWh of energy per year, employ fewer than 10 persons or have an annual turnover or annual balance sheet total that does not exceed EUR 2 000 000, from the application of this Article. Energy produced for self use shall not count towards these thresholdsobligation to offer energy services, provided that such exemption does not result in a distortion of competition and that alternative energy-saving measures are implemented. Energy produced for self use shall not fall within the scope of this directive; nor shall those sectors already subject to the provisions of the Emissions Trading Directive.
Amendment 799 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Member States opting for this option shall notify to the Commission, by 1 January 2013 at the latest, the alternative measures that they plan to adopt, including the rules on penalties referred to in Article 9, andno later than two years after the directive’s publication in the Official Journal, the alternative measures that they plan to adopt, demonstrating how they would achieve the required amount of savings. The Commission may refuse such measures or make suggestions for modifications in the 3 months following notification. In such cases, the alternative approach shall not be applied by the Member State concerned until the Commission expressly acceptsMember State concerned shall take these resubmitted or modified draft measurescommendations or modifications into account.
Amendment 833 #
2011/0172(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall promote the availability to all final customers of energy audits which are affordable and carried out in an independent manner by qualified or accredited experts. Energy audits may be carried out by in-house experts, provided that these are qualified or accredited and that they are not directly engaged in the activity audited.
Amendment 860 #
2011/0172(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure thatcourage enterprises not included in the second subparagraph of paragraph 1 are subject tto undergo an energy audit carried out in an independent and cost-effective manner by qualified or accredited experts at the latest by 30 June 2014 and every three years from the date of the previous energy auditby qualified or accredited experts and to repeat the process at intervals of no more than five years.
Amendment 911 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall ensure that final customers for electricity, natural gas, district heating or cooling and district- supplied domestic hot water are provided with individual meters that accurately measure, and allow to make availablereadings to be taken of, their actual energy consumption and provide information on actual time of use, in accordance with Annex VI, in so far as this is technically and economically justified – i.e. subject to positive findings in a cost-benefit analysis and to the principle of proportionality. A further precondition is that the Member States guarantee comprehensive data protection.
Amendment 969 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 4
Article 8 – paragraph 1 – subparagraph 4
In case of heating and cooling, where a building is supplied from a district heating network, a heat meter shall be installed at the building entry. In multi-apartment build or by central heatings, individual heat consumptiona heat meters shall also be installed to measure the consumption of heat or cooling for each apartment. Where the use of individual heat consumption meters is not technically feasible, individual heat cost allocators, in accordance with the specifications in Annex VI(1.2), shall be used for measuring heat consumption at each radiatorat the building entry or at the boiler outlet.
Amendment 980 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 5
Article 8 – paragraph 1 – subparagraph 5
Member States shall introduce rules on cost allocation of heat, and billing for, heat/cooling and hot water consumption in multi-apartment buildings supplied with centralised heat or, cooling and/or hot water. Such rules shallmay include guidelines on correction factors to reflect building characteristics such as heat transfers between apartments.
Amendment 994 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In addition to the obligations resulting from Directive 2009/72/EC and Directive 2009/73/EC with regard to billing, Member States shall ensure, not later than 1 January 2015, that billing is accurate and based on actual consumptionor predicted consumption, depending on which has been agreed with the customer, for all the sectors covered by the present Directive, including energy distributors, distribution system operators and retail energy sales companies, and that the same applies to the allocation of costs in multi-apartment buildings, in accordance with the minimum frequency set out in Annex VI(2.1). Appropriate information shall be made available with the bill or by means of another appropriate method to provide final customers with a comprehensive account of current energy costs, in accordance with Annex VI(2.2).
Amendment 999 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In addition to the obligations resulting from Directive 2009/72/EC and Directive 2009/73/EC with regard to billing, Member States shall ensure, not later than 1 January 2015, that billing is accurate and based on actual consumption, for all the sectors covered by the present Directive, including energy distributors, distribution system operators and retail energy sales companies, in accordance with the minimum frequency set out in Annex VI(2.1). Appropriate information shall be made available with the bill to provide final customers with a comprehensive account of current energy costs, in accordance with Annex VI(2.2), provided that appropriate technical means are available.
Amendment 1009 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Member States shall require that if requested by final customers, information on their energy billing and historical consumption is made available to an energy service provider designated by the final customer in the same form as to the final customer. If the contracting parties deviate from this, rules on the allocation of costs must be agreed in advance.
Amendment 1021 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Information from metering and billing of individual consumption of energy as well as the other information mentioned in paragraphs 1, 2, 3 and Annex VI shall be provided to final customers free of charge.
Amendment 1032 #
2011/0172(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
If they opt for compulsory systems, Member States shall lay down rules on penalties applicable in case of non- compliance with the national provisions adopted pursuant to Articles 6 to 8 and shall take the necessary measures to ensure that they are implemented. The penalties provided must be effective, proportionate and dissuasive. Member States shall communicate those provisions to the Commission by [12 months after entry into force of this Directive] at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 1043 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 1 January 20146, Member States shall establish and notify to the Commission a national heating and cooling plan for developing the potential for the application of high-efficiency cogeneration and efficient district heating and cooling, containing the information set out in Annex VII. The plans shall be updated and notified to the Commission every five years. Member States shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans, including urban and rural spatial plans, and fulfil the design criteria in Annex VII.
Amendment 1096 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Member States shall ensure that all, when new thermal electricity generation installations with a total thermal input exceeding 20 MW are being planned, technical and economic feasibility studies are carried out in order to:
Amendment 1124 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
(a) arebuild if at all possible an electricity generation installation provided with equipment allowing for the recovery of waste heat by means of a high-efficiency cogeneration unit; and
Amendment 1137 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point b
Article 10 – paragraph 3 – subparagraph 1 – point b
(b) are sited in a locationto ascertain whether a location can be found where waste heat can be used by heat demand points.
Amendment 1145 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Member States shall adopt authorisation criteria as referred to in Article 7 of Directive 2009/72/EC, or equivalent permit criteria, to ensure that the provisions of the first subparagraph are met. They shall in particular ensure that the location of new installations takes into account the availability of suitable heat loads for cogeneration in accordance with Annex VIII.
Amendment 1156 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2 a (new)
Article 10 – paragraph 3 – subparagraph 2 a (new)
The provisions of the first two subparagraphs shall not apply to incineration plants which are intended to be operated for less than 1500 hours per year (calculated on the basis of a five-year average).
Amendment 1157 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 1164 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point a
Article 10 – paragraph 4 – subparagraph 1 – point a
Amendment 1169 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point b
Article 10 – paragraph 4 – subparagraph 1 – point b
Amendment 1174 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point c
Article 10 – paragraph 4 – subparagraph 1 – point c
Amendment 1188 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 1192 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Member States shall notify such conditions for exemption to the Commission by 1 January 2014. The Commission may refuse those conditions or make suggestions for modifications in the 6 months following notification. In such cases, the conditions for exemption shall not be applied by the Member State concerned until the Commission expressly accepts the resubmitted or modified conditions.
Amendment 1200 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States shall ensure that national regulations on urban and rural spatial planning are adapted to the authorisation criteria referred to in paragraph 3 and are in line with the national heating and cooling plans referred to in paragraph 1take account of the importance of the efficient generation, distribution and use of energy.
Amendment 1206 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
Member States shall ensure that, whenever an existing electricity generation installation with a total rated thermal input exceeding 20 MW is substantially refurbished or when, in accordance with Article 21 of Directive 2010/75/EC, its permit is updated, conversion to allow its operation as a high-efficiency cogeneration installation is set as a condition in the new or updated permit or licence, provided that the installation is sited in a location where the waste heat can be used by heat demand points in accordance with point 1 of Annex VIII and technological and economic feasibility studies are carried out to determine the scope for fitting the installation with technologies for the recovery and use of waste heat by means of high-efficiency cogeneration.
Amendment 1223 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 2 a (new)
Article 10 – paragraph 6 – subparagraph 2 a (new)
The provisions of the first two subparagraphs shall not apply to incineration plants which are intended to be operated for less than 1500 hours per year (calculated on the basis of a five-year average).
Amendment 1225 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 1226 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1
Article 10 – paragraph 7 – subparagraph 1
Amendment 1232 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1 – point a
Article 10 – paragraph 7 – subparagraph 1 – point a
Amendment 1237 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1 – point b
Article 10 – paragraph 7 – subparagraph 1 – point b
Amendment 1246 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 2
Article 10 – paragraph 7 – subparagraph 2
Amendment 1256 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 8 – subparagraph 1
Article 10 – paragraph 8 – subparagraph 1
Member States shall adopt authorisation or equivalent permitting criteria to ensure that industrial installations with a total thermal input exceeding 20 MW generating waste heat that are built or substantially refurbished after [the entry into force of this Directive] capture and make use of their waste heat, provided that studies have first been carried out to show that the process is technologically and economically feasible. The provisions of Article 10(8) shall not apply to industrial installations which use their waste heat in the production process and thus already increase energy efficiency in this way.
Amendment 1271 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 8 – subparagraph 2
Article 10 – paragraph 8 – subparagraph 2
Member States shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks. They may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers.
Amendment 1297 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 8 – subparagraph 4
Article 10 – paragraph 8 – subparagraph 4
Member States shall notify such conditions for exemption to the Commission by 1 January 2014. The Commission may refuse those conditions or make suggestions for modifications in the 6 months following notification. In such cases, the conditions for exemption shall not be applied by the Member State concerned until the Commission expressly accepts the resubmitted or modified conditions.
Amendment 1299 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 1316 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 10 – subparagraph 3
Article 10 – paragraph 10 – subparagraph 3
The Commission shall be empowered to review, by means of delegated acts in accordance with Article 18 and in line with technical developments, the harmonised efficiency reference values laid down in Commission Decision [the number of the Decision] on the basis of Directive 2004/8/EC for the first time by 1 January 2015, and every ten years thereafter.
Amendment 1328 #
2011/0172(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall draw up an inventory of data in accordance with Annex X for all installations undertaking the combustion of fuels with total rated thermal input of 50 MW or more and installations undertaking the refining of mineral oil and gas within their territory. This shall be updated every three years. The annual installation-specific data contained in these inventories shall be made available to the Commission upon request. Member States shall include a non-confidential summary containing aggregated information of the inventories in the reports referred to in Article 19(2).
Amendment 1362 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure the removal of those incentives in transmission and distribution tariffs that unnecessarily increase the volume of distributed or transmitted energy. In this respect, in accordance with Article 3(2) of Directive 2009/72/EC and Article 3(2) of Directive 2009/73/EC, Member States may impose public service obligations relating to energy efficiency on undertakings operating in the electricity and gas sectors. This should not prevent network operators introducing cost-based tariff structures.
Amendment 1372 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1 – point b
Article 12 – paragraph 5 – subparagraph 1 – point b
b) provide priority or guaranteed access to the grid of electricity from high efficiency cogeneration;, also ahead of electricity from renewables,
Amendment 1467 #
2011/0172(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
These measures to remove barriers may include providing incentives, repealing or amending legal or regulatory provisions, or adopting guidelines and interpretative communications. These measures may be combined with the provision of education, training and specific information and technical assistance on energy efficiency. When adopting such measures, the basic right to the protection of property must always be guaranteed.
Amendment 1528 #
2011/0172(COD)
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Commission’s assessment of the first supplementary report shall include an assessment of the energy efficiency levels of existing and new installations undertaking the combustion of fuels with a total rated thermal input of 50 MW or more and installations undertaking the refining of mineral oil and gas, in the light of the relevant best available techniques as developed in accordance with Directive 2010/75/EU and Directive 2008/1/EC. Where this assessment identifies significant discrepancies between the actual energy efficiency levels of such installations and energy efficiency levels associated with the application of the relevant best available techniques, the Commission shall propose, if appropriate, requirements to improve the energy efficiency levels achieved by such installations or that the use of such techniques shall in future be a condition for the permitting of new installations and for the periodic review of the permits for existing installations.
Amendment 1539 #
2011/0172(COD)
Proposal for a directive
Article 19 – paragraph 7
Article 19 – paragraph 7
7. By 30 JuneMarch 20146 the Commission shall submit the assessment referred to in Article 3(2) to the European Parliament and to the Council, followed, if appropriate, by a legislative proposal laying down mandatory national targets.
Amendment 1549 #
2011/0172(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [124 months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 1596 #
2011/0172(COD)
Proposal for a directive
Annex III – point e
Annex III – point e
e) require in their tenders for service contracts that service providers use, for the purposes of providing the services in question, only products that comply with the requirements referred to in points (a) to (dc), when providing the services in question;
Amendment 1646 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 1 – point 1.1 – subparagraph 2
Annex VI – section 1 – point 1.1 – subparagraph 2
The interface shall provide private information enabling final customers to better control their energy consumption and use the information for further potential analysis. Such information shall at least indicate the current rate of consumption (e.g. kWh, kJ, m3) and related costs, if these are known, and be communicated in a format that promotes consuustomer action in energy efficiency.
Amendment 1664 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 1 – point 1.1 – subparagraph 5
Annex VI – section 1 – point 1.1 – subparagraph 5
Amendment 1673 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 2 – point 2.1 – title
Annex VI – section 2 – point 2.1 – title
2.1 Frequency of billing and notification based on actual consumption.
Amendment 1685 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 2 – point 2.1 – subparagraph 1 – introductory part
Annex VI – section 2 – point 2.1 – subparagraph 1 – introductory part
In order to enable final customers to regulate their own energy consumption, and provided that appropriate technical procedures are available, billing on the basis of actual consumption shall be performed with the following frequency:
Amendment 1690 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 2 – point 2.1 – subparagraph 1 – point a
Annex VI – section 2 – point 2.1 – subparagraph 1 – point a
(a) On a monthly basis for electricity consumption, unless otherwise agreed with the customer.
Amendment 1694 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 2 – point 2.1 – subparagraph 1 – point b
Annex VI – section 2 – point 2.1 – subparagraph 1 – point b
(b) At least every two months for the consumption of natural gas. Where gas is used for individual heating, billing shall be provided on a monthly basis, provided that natural gas is not being used for individual heating purposes. In such cases individual agreements may be reached.
Amendment 1705 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 2 – point 2.1 – subparagraph 1 – point c
Annex VI – section 2 – point 2.1 – subparagraph 1 – point c
(c) With centralised heating and cooling, billing shallmay be provided on a monthly basis during the heating/cooling season. , unless otherwise agreed with the customer. Information concerning consumption should, however, be provided on a monthly basis.
Amendment 1726 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 2 – point 2.2 – introductory part
Annex VI – section 2 – point 2.2 – introductory part
Member States shall ensure that the following information is made available to final customers at least once a year in clear and understandable terms in or with their bills, contracts, transactions, and receipts at distribution stations:
Amendment 1738 #
2011/0172(COD)
Proposal for a directive
Annex VI – section 2 – point 2.3
Annex VI – section 2 – point 2.3
When sending contracts and contract changes, and in or with the bills customers receive or through websites addressing individual customers, energy distributors, distribution system operators and retail energy sales companies shall inform their customers in a clear and understandable manner of contact information for independent consumer advice centres, energy agencies or similar institutions, including their internet addresses, where they can obtain advice on available energy efficiency measures, benchmark profiles for their energy consumption and technical specifications of energy using appliances that can serve to reduce the consumption of these appliances.
Amendment 1743 #
2011/0172(COD)
Proposal for a directive
Annex VII – section 1 – introductory part
Annex VII – section 1 – introductory part
1. The national heating and cooling plans referred to in Article 10(1) shallmay include:
Amendment 1768 #
Amendment 1782 #
2011/0172(COD)
Proposal for a directive
Annex X – point d
Annex X – point d
Amendment 29 #
2011/0150(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The development of voluntary standards on services should be market- driven whereby the needs of the economic operators and stakeholders directly or indirectly affected by the standard prevail and should take into account the public interest and be based on consensus. They should primarily focus on services linked to products and processes. Within the scope of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications1, standardisation is only permitted on a subsidiarity basis. _________ 1 OJ L 255, 30.9.2005, p. 22.
Amendment 49 #
2011/0150(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 35 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point b a (new)
Article 8 – point b a (new)
(ba) the use of biological material for the purpose of breeding, discovering and developing a new plant variety;
Amendment 37 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point h
Article 8 – point h
(h) acts as covered by the farmers privilege pursuantthe use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, where there has been a sale of plant propagating material to the farmer by the proprietor of the patent or with his consent for agricultural use, corresponding to Article 14 of Regulation (EC) No. 2100/94 which applies mutatis mutandis;
Amendment 38 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point i
Article 8 – point i
(i) the use by a farmer of protected livestock for farming purposes, on condition that the breedingof an animals or other animal reproductive material were sold or otherwise commercialised to the farmer byby a farmer for an agricultural purpose, where there has been a sale by the proprietor of the patent proprietor or with his/her consent. Such use includes the provision of the animal or other animal reproductive material for the purposes of his/her agricultural activity, but not the to the farmer of breeding stock or other animal reproductive material which constitutes or contains the patented invention. This does not include any sale within the framework of or for the purpose of commercial reproductiveon activity;
Amendment 32 #
2011/0092(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) In the case of liquefied petroleum gas (LPG) and natural gas used as propellantsused as motor fuel, advantages in the form of lower minimum levels of general energy consumption taxation or the possibility to exempt those energy productssuch fuel from taxation are no longer justified, in particular in the light of the need to increase the market share of renewable energy sources, and should therefore be removed in the medium term.
Amendment 34 #
2011/0092(CNS)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) An exception should, however, be permissible in the case of natural gas and biomethane used as transport fuel, since these are to play a key role in meeting the 10% renewable energy target in the transport sector. In view of that fact, exemption from energy taxation is justified; at least until such time as the EU target has been met. Exceptional treatment of this kind, moreover, helps to promote diversification of energy sources in the transport sector, which depends almost wholly on petroleum products, and thus makes for greater security of supply.
Amendment 66 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 1 – point 4 – point b
Article 1 – point 1 – point 4 – point b
Directive 2003/98/EC
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Natural gas and biomethane used as transport fuel shall be exempted from taxation at least until such time as the proportion of renewable energy used in the transport sector has risen to 10%. The Commission shall keep market trends under continuous review and shall submit an appropriate legislative proposal in due course.
Amendment 85 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 2003/96/EC
Article 15 – paragraph 1 – point i
Article 15 – paragraph 1 – point i
(i) Until 1 January 2023, natural gas and LPG used as propellantsfuel;
Amendment 87 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a– point i a (new)
Article 1 – point 13 – point a– point i a (new)
Directive 2003/96/EC
Article 15 – paragraph 1 – point l a (new)
Article 15 – paragraph 1 – point l a (new)
(ia) the following point is added: ‘Natural gas and biomethane used as transport fuel shall be exempted from taxation at least until such time as the proportion of renewable energy used in the transport sector has risen to 10%. The Commission shall keep market trends under continuous review and shall submit an appropriate legislative proposal in due course.’
Amendment 109 #
2011/0092(CNS)
Proposal for a directive
Annex
Annex
Directive 2003/96/EC
Annex I – Table A – Row 7
Annex I – Table A – Row 7
Natural gas 20 €/t 1.50 €/GJ 5.51.0 €/GJ 9.6 1.0 €/GJ CN codes CO2 CN codes 2711 11 00 and 2711 21 00 00 7Or. en
Amendment 11 #
2010/2277(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that, in order to achieve the EU's climate and energy objectives, a new fiscal approach is necessary, by lowering the minimum duty rates on CO2 emissions and on energy content; asks therefore that the Commission ensure an appropriate balance between the taxation of energy and the EU's greenhouse gas emission quotas trading scheme, avoiding overlaps between the two systems; asks that the Commission avoid overlaps with emission quotas trading;
Amendment 4 #
2010/2245(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the Commission communication of 23 February 2011 entitled "A review of the 'Small Business Act' for Europe" (COM(2011)0078),
Amendment 18 #
2010/2245(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas in order to maintain European competitiveness a shift in culture is needed to improve European entrepreneurship and the potential for innovation; whereas changes need to be made to commend risk seeking and improve conditions for start-up innovative enterprises and entrepreneurs;
Amendment 20 #
2010/2245(INI)
Motion for a resolution
Recital B – point 1
Recital B – point 1
· putting firstincluding citizens' creativity, consumption patterns and responses to new ideas,
Amendment 23 #
2010/2245(INI)
Motion for a resolution
Recital B – point 1 a (new)
Recital B – point 1 a (new)
· ensure a direct and open involvement of the most relevant actors (especially enterprises) in the decision-making processes,
Amendment 31 #
2010/2245(INI)
Motion for a resolution
Recital B – point 4
Recital B – point 4
· fruitful cooperation between universities, research institutes, businesses, governments and citizens,
Amendment 45 #
2010/2245(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Innovation Union flagship initiative, which is the most significant and concrete attempt so far to introduce a strategic, integrated and market-oriented European innovation policy, whose success though depends on the full cooperation of – and its implementation by –the Member States;
Amendment 54 #
2010/2245(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for a broad concept of innovation that goes beyond technological and product-oriented innovation and placesays attention to the enabling role of citizens at the centre; recalls that innovation is applying ideas successfully in practice and targets products, processes, or services or movements;
Amendment 61 #
2010/2245(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the targets as set out in the Europe 2020 Strategy, the Energy Strategy for Europe 2011-2020, the raw materials initiative and the Roadmap for a Low Carbon Economy by 2050 must be given priority in the Innovation Union;
Amendment 68 #
2010/2245(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of the Resource- Efficient EuropeIndustrial Policy flagship initiative and of efforts to decouple economic growth from the use of resources by supporting the shift towards a low-carbon economy, increasing the use of renewable energy sources and developing sustainable transportwhile enhancing the competitiveness of European companies at the same time;
Amendment 83 #
2010/2245(INI)
Motion for a resolution
Paragraph 6 – point 1
Paragraph 6 – point 1
· strategic orientation, design and implementation of all policies and measures, with the aim of contributing to and enhancing innovation in Europe (through, for example, research, education, the labour market, the single market, infrastructure, taxation instruments, industrial policy and trade);
Amendment 95 #
2010/2245(INI)
Motion for a resolution
Paragraph 6 – point 4 a (new)
Paragraph 6 – point 4 a (new)
· flexible unbureaucratic society;
Amendment 96 #
2010/2245(INI)
Motion for a resolution
Paragraph 6 – point 4 b (new)
Paragraph 6 – point 4 b (new)
· in-depth evaluation methodologies, peer review panels and processes to disseminate successful experiments;
Amendment 99 #
2010/2245(INI)
Motion for a resolution
Paragraph 6 – subparagraph 1
Paragraph 6 – subparagraph 1
Stresses that the main goal of the Innovation Union policy should be to facilitate coordination and coherence by adopting a truly holistic approach focused oninnovation in the economy and the society with regards to the grand societal challenges;
Amendment 108 #
2010/2245(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission's proposal for the development of a single integrated indicator, taking into account the diversity of the existing economic systems in the Members States in order to allowing better monitoring of progress in innovation; urges further development of the ‘scoreboard’ by means of international cooperation;
Amendment 120 #
2010/2245(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that citizens' demands as consumers and engagement as professionals are the main drivers of innovation; points out that the creation of an innovative society must therefore be based on the participation of its citizens, by enabling them to articulate their needs and their creative potential through a bottom-up approach and by providing innovative solutions enabling individual citizens to contribute to resource efficiency;
Amendment 127 #
2010/2245(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls upon the Commission and the Member States to put serious effort into bringing about a change of mindset towards innovative and curiosity-driven thinking, by encouraging changes towards sustainable consumer patterns and actively promoting citizens' engagement in innovation;
Amendment 133 #
2010/2245(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the importance of social innovation and the need to adopt a bottom- up approach and an open environment for creative ideas, so as to spur productivity growth, empower employees and develop solutions for unmet social needs (such as inclusion and immigration) and economic challenges;
Amendment 141 #
2010/2245(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the EU, national and regional authorities to stimulate socentrepreneurial innovation and to provide public funds in support of it; stresses that socentrepreneurial innovation should be included in funding and support programmes such as the European Social Fund, the Framework Programmes (FPs) and the Competitiveness and Innovation Framework Programme (CIP);
Amendment 144 #
2010/2245(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to take action to improve the entrepreneurial and quantitative skills of (young) Europeans by incorporating entrepreneurship and innovation into all areas of education such as through the Commission's "Erasmus for Young Entrepreneurs´" programme, which offers young entrepreneurs training and the potential to build cross- border networks and facilitates business cooperation with experienced entrepreneurs;
Amendment 155 #
2010/2245(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls the Commission to create an "Open Innovation" digital platform where European-wide policy problems can be posted, and ideas and solutions can be put forward by citizens and stakeholders across Europe;
Amendment 161 #
2010/2245(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to set upcombine existing aid schemes and supporting structures in order to move towards a simple and accessible system to accelerate innovation, to focus on the grand societal challenges and actively to prevent fragmentation and bureaucracy;
Amendment 163 #
2010/2245(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to examine existing consulting services as well as the option to set up a ‘one-stop shop’ in cooperation with the Member States, that is, a service counter where all stakeholders (especially innovative small firms) – including local and regional government – can apply for financial support or be linked up with potential partners;
Amendment 175 #
2010/2245(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce a better method of financing innovation, by creating synergies and merging Research & Development & Innovation (R&D&I) support programmes where possible, for example the FPs, Joint Technology Initiatives, the CIP, Joint Programmes, the European Institute of Innovation and Technology and the European Strategic Energy Technology Plan, and to direct structural funding and parts of the Common Agricultural Policy funds and Emission Trading Scheme auction revenues to innovation; joins the Council in calling for a new balance between trust and control, and between risk-taking and risk avoidance;
Amendment 176 #
2010/2245(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Joins the Council in calling for a new balance between trust and control, and between risk-taking and risk avoidance;
Amendment 183 #
2010/2245(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Stresses that the widespread culture of risk avoidance in public authorities, resulting from the great emphasis on financial audits and controls, is an obstacle to innovation; highlights the need to create a culture of learning, risk- taking and ownership of reforms in public administrations and in the wider public;
Amendment 202 #
2010/2245(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the Commission proposal to define specific investments addressed to innovative start-ups;
Amendment 220 #
2010/2245(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the Member States to re-evaluate the whole ecosystem of innovationinnovation infrastructure with a view to removing unnecessary barriers, for example to access to loans for universities;
Amendment 222 #
2010/2245(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights the importance of innovation in the Knowledge Triangle and calls on the need to develop a culture of innovation into the financial perspective and the post 2013 perspectives;
Amendment 236 #
2010/2245(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that the European single market must be completed for all goods and services as a matter of urgency, including innovative health products, thus providing access to 500 million consumers;
Amendment 251 #
2010/2245(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the maximisation of the freedom of movement for researchers in order to achieve the completion of the European Research Area – a Treaty obligation – by 2014, so as to enable the EU to retain and attract top talent;
Amendment 267 #
2010/2245(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Urges the Member States to direct their public procurement towards innovative products, processes and services; calls, therefore, on the Commission, in its legislative proposals, to facilitate innovation enabling public procurement, including a review of pre-commercial procurement opportunities, and calls on the Member States to increase their greeninnovative public procurement;
Amendment 272 #
2010/2245(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Underlines the important role that SMEs can play if public procurement rules are designed with adjustable requirements (including capital requirements and the size of contracts) according to the size of the participating business;
Amendment 282 #
2010/2245(INI)
Motion for a resolution
Paragraph 32 – point 5
Paragraph 32 – point 5
· encompass all research and innovation programmes, including the EIT's Knowledge and Innovation Communities;
Amendment 286 #
2010/2245(INI)
Motion for a resolution
Paragraph 32 point 5 a (new)
Paragraph 32 point 5 a (new)
· integrate, not duplicate existing initiatives,
Amendment 289 #
2010/2245(INI)
Motion for a resolution
Paragraph 32 point 5 b (new)
Paragraph 32 point 5 b (new)
· better coordinate existing instruments and initiatives
Amendment 293 #
2010/2245(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the Commission to set up an innovation partnership for raw materials;
Amendment 7 #
2010/2108(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Union faces the problem of poorlate or incomplete implementation of energy legislation and overall energy strategies which calls for strong leadership from the Commission to bridge this gapan absence of overall or coordinated energy strategies,
Amendment 22 #
2010/2108(INI)
Motion for a resolution
Recital E
Recital E
E. whereas investments in the energy sector are very capital intensive, and there is a need to create a stable long-term regulatory framework and which therefore enables companies to take environmentally and economically sound investment decisions, and whereas this should on no account entail distortions of competition,
Amendment 25 #
2010/2108(INI)
Motion for a resolution
Recital F
Recital F
F. whereas energy network infrastructure needs to be financed first and foremost by energy tariffs; but whereas EU funding might also be needed where markets alone can not finance such investments, especially in the least developed regions,
Amendment 43 #
2010/2108(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the proposed strategy should also be carried out, above all, in the spirit of solidarity and responsibility, where no Member State can be left behind or isolated and all Member States take measures to ensure the Union's mutual security; stresses the inclusion of a specific chapter on energy (article 194 TFEU) ensuring a firm legal basis for Union action based on the Community method;
Amendment 58 #
2010/2108(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the completion of the European internal energy market is indispensable for the fulfilment of the EU's policy objectives; believes this should be based onat a clear legal framework, where legislation is strictly enforced and the Commission refers more member states to the ECJ for infringements if need for this exists and must now be implemented;
Amendment 70 #
2010/2108(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 76 #
2010/2108(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that the role of energy market regulators and the cooperation between national regulators and the Commissioncooperation between the relevant national authorities should be strengthened, especially in regards to retail and wholesale markets; notes that if the ACER and ENTSOs should first begin their work in an orderly way before additional tasks are assigned to them; notes that it might become necessary to consider amending the mandate of the ACER if, after thorough evaluation, its competences prove to be insufficient to create a more integrated regional and European energy markets, it might become necessary to amend their mandates;
Amendment 95 #
2010/2108(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the 2005 Commission sector inquiry; calls for a second energy sector inquiry to be launched in 20128;
Amendment 114 #
2010/2108(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the TYNDP plans to integrate the EU's electricity and gas grid networks should be implemented and completed by 2020by 2020 should provide the technological and methodological bases for new legislation on infrastructure; stresses the need for better gas grid interconnections and LNG terminals which should lead to the ending of the market isolation of some Member States;
Amendment 124 #
2010/2108(INI)
Motion for a resolution
Paragraph 15 – point a
Paragraph 15 – point a
a) evaluate the problem of authorisation permits for energy infrastructure and public opposition to it and remove red tape;
Amendment 129 #
2010/2108(INI)
Motion for a resolution
Paragraph 15 – point b
Paragraph 15 – point b
b) seupport priority projects and set criteria to identify key investments for the development of the internal energy market;
Amendment 135 #
2010/2108(INI)
Motion for a resolution
Paragraph 15 – point d
Paragraph 15 – point d
d) extendfocus existing financial support to the implementation phase of projects more strategically in the first instance and extend it only as necessary to projects that will have a positive impact on security of supply;
Amendment 140 #
2010/2108(INI)
Motion for a resolution
Paragraph 15 – point e
Paragraph 15 – point e
e) create a cross-border cost sharing model, especially in terms of coordinated development of infrastructure and renewables;
Amendment 150 #
2010/2108(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that a modern EU-wide electricity grid will play a key role in achieving the 20% development target for renewables; calls on the Commission, therefore, to develop an appropriate system of incentives for investment in power plants in specific regions, in order to achieve optimal economic effect and avoid inefficient investments in networks; points out, in this regard, that an overall strategy must address the energy system in its entirety from producers to consumers;
Amendment 158 #
2010/2108(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that innovative financial instruments (as for instance risk-sharing facilities and loan schemes by public banks) could be an important tool for supporting investments in the energy infrastructure and energy efficiency; calls, therefore, on the Commission to increasingly replace traditional loans by these schemes; strongly endorses the proposal to use the EU budget equity as loan guarantees to encourage private and PPP investsupport Member States in introducing innovative financial instruments;
Amendment 171 #
2010/2108(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 185 #
2010/2108(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 203 #
2010/2108(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Asks the Commission to come forward with an impact assessment study onf the future of the world and EU gas market, including the impact of the already planned gas infrastructure projects (i.e. Nabucco), new LNG terminals, the impact of shale gas on the US gas market (notably on LNG import needs) and the impact of possible shale gas developments in the EU on future gas security of gas supply and prices before the end of the year; , by next year; the study should reflect, and take as a starting point, the current state of infrastructure development;
Amendment 240 #
2010/2108(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to agree on a common methodology for measuring national and regional energy efficiency and savings targets and monitoring progress on achieving these targets; stresses that binding legal targets can only be included once a common methodology is agreed;
Amendment 255 #
2010/2108(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Asks the Commission to present a communication on how to increase efficiency in the deploymentpromotion of renewable sources of energy within the EU by striving towards a system of EU-wide common incentives for renewable sources of energy, which would allow to deploy the specific type of renewables in those parts of the EU, where they are most cost-efficient, and, thereby, lower electricity prices; believes that in the midterm, regional renewables market groups could be createdthe cost of promoting them and guarantee the efficient allocation of funding;
Amendment 281 #
2010/2108(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that in coordination with the EEAS, the Commission should ensure that the Union speaks with one voice on energxternal energy policy;
Amendment 288 #
2010/2108(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that all external pipelines and other energy networks entering the territory of the European Union should be governed by transparent agreements and subject to internal market rules, including rules on third party access and, destination clauses, allocation and bottleneck management rules and the duration of contracts; calls on the Commission to assure that current and future pipelines and commercial agreements respect the European energy acquis and to take action if necessary;
Amendment 308 #
2010/2108(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Commission and the involved Member States to further proceed with the implementation of the EU pipeline project Nabuccos, which could significantly enhance the security of gas supply of the European Union; asks for the vacancy of the EU Nabucco co-ordinator post to be filled as soon as possible;
Amendment 316 #
2010/2108(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls for a special energy dialogue with the countries of the Caspian region, welcomes the work on a Caspian Development Cooperation;
Amendment 327 #
2010/2108(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
Amendment 333 #
2010/2108(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the creation ofCalls on the Commission to lay down EU minimum standards for licensing and design certification for new nuclear power plants would be useful; takes the view that only plants whose safety standards are on a par with those of third-generation reactors should be built in the EU;
Amendment 338 #
2010/2108(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Encourages and supports the construction of LNG terminals, notably in countries most vulnerable to disruptions of gas supply, on the basis of a cost-benefit analysis carried out in advance and subject to the proviso that no distortions of competition or forms of discrimination arise;
Amendment 353 #
2010/2108(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls for the close monitoring of the implementation of the SET-plan and the identification of obstacles to mobilise private investments; welcomes, therefore, the launch of a number of European Industrial Initiatives under the SET-plan and calls on the Commission to launch the remaining initiatives as quickly as possible; calls on the Council to release the requisite funding;
Amendment 367 #
2010/2108(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the Commission to promote and support financially pilot projects in the EU for the exploitation of unconventional domestic energy sources, including shale gas; asks the commission to assist Member States to carry out geological surveys to determine the level of available resourceerves of shale gas in the Union and asks for it to be included in the long term strategy of the Union;
Amendment 373 #
2010/2108(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Believes that in the mid-term, conventional and unconventional sources of natural gas are the quickest and easiest way to lower carbon emissions before moving to a non-fossil fuel based economy, therefore calls for SET initiatives on CCS to focus also on gas burning power plants and other bio-fuels' emissions;
Amendment 382 #
2010/2108(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. As cited in the Second Energy Review, coal is still a key domestic source of energy and therefore the Union should continue research towards clean coal technologies such as CCS, coal gasification and coal liquefaction;
Amendment 404 #
2010/2108(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49a. Considers that informed customers and members of the public can influence the market by taking conscious decisions; welcomes, therefore, initiatives such as the European Nuclear Energy Forum (ENEF), in which a wide range of stakeholders can discuss matters of shared interest;
Amendment 408 #
2010/2108(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Ask the Commission for a monitoring and report to the European Parliament on the implementation of the 3rd internal market package as regards national measures to prevent energy poverty and reminds the Member States of their obligations under existing legal provisions;
Amendment 415 #
2010/2108(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Reminds the energy industry of its obligations under the 3rd energy package to introduce clear and understandable energy invoices; believes that the information contained in the Commission's Citizens' Energy Forum templates for invoices should be used as a basis for standardised energy invoices across the Unionthe minimum standard for every energy invoice;
Amendment 24 #
2010/2107(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas although many legislative measures designed to achieve energy savings have been introduced at EU and national level, not all of them are producing the desired results,
Amendment 28 #
2010/2107(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the payback period for investments in energy efficiency is short and investments create new jobs in rural as well as in urban areas which can to a large extent not be outsourced, in particular in the construction sector and within SMEs,
Amendment 33 #
2010/2107(INI)
Motion for a resolution
Recital F
Recital F
Amendment 88 #
2010/2107(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to present an ambitious Energy Efficiency Action Plan which takes stock of the progress achieved with all measures contained in the 2006 Action Plan, reinforces implementation of energy efficiency measures adopted as outlined in the 2006 Action Plan, which are still under way, and includes new adequate, cost-effective measures to achieve the 2020 target;
Amendment 106 #
2010/2107(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges Member States to set up comprehensivimplement the market surveillance and compliance- monitoring programmes already planned for the Directives on buildings, eco-design, energy labelling and energy labelling for tyres, in particular regarding imports, and calls on the Commission to monitor the implementation of these programmes and start infringement procedures if necessary;
Amendment 114 #
2010/2107(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and the Member States to review the effectiveness of legislative measures to save energy and increase energy efficiency, such as summer time, and to abolish ineffective provisions promptly as part of the drive to cut red tape;
Amendment 229 #
2010/2107(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Asks the Commission to propose minimum energy requirements with regard to street lighting, green procurement and energy refurbishments; urges in this context that it include specification of total lifetime costs for all public procurement of lighting installations by 2012Urges that minimum energy requirements in the context of the Directive on Eco-Design should also include specification of total lifetime costs and greenhouse gas emissions of products, including recycling costs;
Amendment 254 #
2010/2107(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 260 #
2010/2107(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to evaluate legislation and make sure that legislation addresses products, systems and their energy use and considers it necessary to increase the awareness of EU citizens regarding the energy and resource efficiency of consumer and energy-related products; considers that when evaluating energy consumption, applications should be considered as a whole, rather than single part-products onlytake steps to increase the awareness of EU citizens regarding the energy and resource efficiency of consumer and energy-related products;
Amendment 50 #
2010/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that, with the EUurope 2020 Strategy and the communication on an Integrated EU industrial policy, the Commission is finally acknowledging the importance of man ufactiveuring industrial policy for sustainable growth and employment in Europe and committing itself to an integrated industrial Policy based on the principle of a social market economy;
Amendment 68 #
2010/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop, together with the European Parliament and the Council, a qualitative and, where possible, quantitative vision for European industry in the year 2020, which looks towards sustainable development in the long term and lays down guidelines, for example for energy and resource efficiency, with a view to ensuring that European industry becomes more stable and competitive and jobs are created as a resultcompetitiveness and sustainability of industry, with a view to developing growth, employment and thereby prosperity in Europe;
Amendment 99 #
2010/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the new, integrated approach calls for extremely effective collaboration within the Commission, and calls on the Commission to set up a permanent industrial policy task force to this end; furthermore calls on the Commission to focus more on competitiveness aspects during the impact assessment process (“Competitiveness Proofing”) as well as to evaluate ex post the cumulated impact of legal acts and to implement this essential part of smart regulation as quickly as possible;
Amendment 140 #
2010/2095(INI)
Motion for a resolution
Paragraph 8 – indent 3
Paragraph 8 – indent 3
· must reflect not the product alone, but also demand and use, with a view to integrated development and more target- oriented production, leading to tangible benefits for consumers, businesses and the whole of societybe technology-neutral;
Amendment 183 #
2010/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that, representing as it does an annual 17% of GDP in the EU, public procurement is a powerful instrument for stimulating innovation; points out that competitors such as China and the USA have set ambitious targets for public procurement of innovative and environmental products, and calls for similar target setting in the EUplays an important role for the European single market; calls on the Commission to improve the proven EU procurement rules where necessary to ensure transparency, fairness, non- discrimination and remedy on a high level in the future; calls on the Commission to inform about existing possibilities of involving ecological criteria in tenders under the existing EU procurement rules;
Amendment 206 #
2010/2095(INI)
Motion for a resolution
Paragraph 13 – indent 4
Paragraph 13 – indent 4
· developing a standard form of business sustainability report which will analyse the "environmental rucksack" – resulting in economies and making firms more competitive in consequence – and group together and standardise existing reporting requirements and possibilities (e.g. EMAS), and which should be mandatory wherever possiblepromoting the use of voluntary environmental management systems such as ISO 14001 or EMAS;
Amendment 225 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 1
Paragraph 14 – indent 1
- intensification of raw material recovery by means ofthe strict implementation of the existing ambitious recycling rules, appropriate support for research, and a stop to the exporting of waste that contains raw materials,
Amendment 234 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 3
Paragraph 14 – indent 3
- optimal utilisation of and improved access to raw materials available in the EU, calling among other things for the rapid introduction of a European geo- information system that gives an overview of the raw materials available in the EU,
Amendment 262 #
2010/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is convinced that, in order to ensure security of investment, industry needs an energy policy focused on the long term which guarantees appropriate energy prices and security of supply, allows manufacturing to take place without the release of gases damagsecurity of supply, as well as competitive energy prices in relation to third countries both ing to the climate, and prevents carbon leakage; points out that the internal energy market is an asset when it comes to switching to low-carbon production and supply, and that the network infrastructurerms of energy production and end prices for industrial costumers and households and furthermore prevents energy poverty and carbon leakage especially for those sectors of industry that contribute muost therefore be renewed and extended, and smart grids promotedo research and development;
Amendment 332 #
2010/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for a stronger, coordinated EU policy on lead markets, such as the environmental industEU initiatives that identify what drives (some 3.5 million employees, EUR 300 billion turnover, up to 50% of the global market); stresses that many "traditional" markets – steel, automobiles and shipbuildgrowth, innovation and competitiveness in different sectors, and then bring, for example – have a strong capacity for innovation and/or offer comparative advantages, of which full use should be made; for these purposes, product-specific legislation such as the eco-design directive should be developed further, and industry-stimulating iniward market-based policy responses which foster favourable and predictable framework conditions for growth, innovation and competiatives such as the "green car initiative" put in placeness in all sectors without picking winners;
Amendment 366 #
2010/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the establishment of a task force on restructuring operations and a stronger role for the European structural funds in restructuring processes so that employees and firms can be offered a future; calls for research and development in furtherance of conversion processes to be intensifiedTakes note that restructuring is the primary responsibility of companies and social partners; calls on the Member States for a social cushioning of the economic transition by improving mobility on the labour market in the context of the “Flexicurity” concept, retraining and other measures;
Amendment 387 #
2010/2095(INI)
Motion for a resolution
Paragraph 22 – indent 2 a (new)
Paragraph 22 – indent 2 a (new)
• to examine the EU definition of small and medium-sized enterprises with a view to its flexibility and if its takes the needs of such enterprises in account, which do fulfil the specified sales and employment threshold because of growth or other reasons, but whose character is nevertheless medium-sized;
Amendment 394 #
2010/2095(INI)
Motion for a resolution
Paragraph 22 – indent 2 b (new)
Paragraph 22 – indent 2 b (new)
• to examine, if medium-sized and family- owned enterprises, which do not fulfil the criteria of the existing SME definition, are adequately able to use existing and future financing opportunities for research and development directed specifically at small and medium-sized companies;
Amendment 405 #
2010/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that sectoralin order to achieve Europe 2020 objectives and climate and energy targets by 2020, aid policy should not onmerely be seen in the context of competition law, but must, in the interests of Europe, be used proactively, transparently and with clear rules to strengthen innovation and the roll-out of new products, and in connection with industrial restructuring operations;
Amendment 426 #
2010/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for future trade agreements to be drawn up in such a way that they form part of an industrial strategy based on fair competition in the developed and developing worlds; the principle of sustainable development must be comprehensively applied, and if possible social and environmental standards should be incorporated in free trade agreements; steps must be taken to ensure that European industries are not endangered by unfair practices, as is currently happening in the solar energy industry;
Amendment 436 #
2010/2095(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that employees" ideas and skills must be used in the restructuring of industry, and therefore calls for the widest possible consultation, which should go beyond the minimum requirements (e.g. Directives 2002/14/EC and 2009/38/EC);
Amendment 443 #
2010/2095(INI)
Motion for a resolution
Paragraph 26 – indent 1
Paragraph 26 – indent 1
• theimplementation of the recommendations of existing industry-specific approaches (task forces, high-level groups, innovation platforms such as Cars 21, etc.) to be renewed, comparably developed and equipped with clear strategic content by the Commission, in consultation with all stakeholdein a way that is tailored to the needs of the specific industries, comparably developed by the Commission, in consultation with all stakeholders and establish new sectoral initiatives in other appropriate sectors,
Amendment 449 #
2010/2095(INI)
Motion for a resolution
Paragraph 26 – indent 2
Paragraph 26 – indent 2
Amendment 454 #
2010/2095(INI)
Motion for a resolution
Paragraph 26 – indent 3
Paragraph 26 – indent 3
Amendment 475 #
2010/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that European industry, which profits from these political efforts and the favourable framewnote that social responsibility becomes a more and more important competitive factor fork conditions, should assume more responsibility for sustainable growth and employment in Europe; believes that industry should enter into clear voluntary commitments tompanies: ranging from innovative capability, risk management, strategic orientation, marketing to employee motivation; calls on European companies and entrepreneurs to continue their extensive corporate and social engagements, as well as their investments in Europe, sustain its own research efforts, contribute to a new culture of qualifications, develop even more innovative, sustainable products and processes, and enter wherever possible into strategic partnerships in order to ensure the increase of employment, innovation, further education and prosperity in Europe;
Amendment 16 #
2010/2088(INI)
Draft opinion
Recital B
Recital B
B. whereas using GDP as a measure of macroeconomic activity naturally tends to mean ignoring the non-market aspects, and it is therefore not a suitable means ofbut GDP is nevertheless the key indicator for measuring social wellbeing,
Amendment 24 #
2010/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. StressNotes the need to develop indicators which can complement GDPCommission's proposal to develop standards which, in addition to GDP, serve to measure regional prosperity and innovation, and have as their objective the provision of more exhaustive information to support political decisions, notably where they at national and regional level, notably in the case of issues which incorporate such factors as the social and environmental dimensions, development, quality of life, public health, research, social equality and the level of employ, transport links, levels of infrastructure, location costs and the level of employment as key aspects for the European model for development;
Amendment 34 #
2010/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that using further indicators which could at mosto complement GDP should have been proved to result in a better picture of macroeconomic activity, in particular thanks; stresses that GDP is the only indicator which makes it possible to take proper account of differing socio-economic characteristics at European level, but emphasises the need to take account of environmental and social factors at national and regional level and to determine suitable criteria for that purpose, and that, in this process, consideration could be given to the inclusion of non- market factors such as work in the home and voluntary work, as well as both positive and negative externalities relating to economic activity;
Amendment 37 #
2010/2088(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that GDP is the only indicator which can combine environmental and social, economic and transport criteria in order to measure prosperity at all levels in the EU; fears that if more emphasis is placed on other indicators the result will be arbitrary, random decision-making and excessive bureaucracy, which can only serve to make achieving objectives relating to regional equality more difficult, to the detriment of the poorest and most geographically disadvantaged regions in Europe;
Amendment 42 #
2010/2088(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission, therefore, to retain GDP as the key indicator when planning measures to enhance prosperity and economic performance and to identify regions eligible for support on that basis at European level, in which connection national authorities must continue to be given the leeway to use other social, environmental and infrastructure-related indicators at the appropriate level, with a view to taking account of the specific circumstances of regions and towns and cities and meeting the objectives of the EU 2020 Strategy;
Amendment 44 #
2010/2088(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 8 #
2010/2079(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas legal certainty is of paramount importance to establish and increase mutual trust between all stakeholders,
Amendment 19 #
2010/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the need to stipulate, in the case of each individual simplification measure, whether it enters into force under the current legal framework or whether changes to the rules of the Financial Regulation, Rules of Participation or the specific rules applying to FP programmes are required; calls on the Commission to contribute to the present reform of the Financial Regulation, which pursues the following aims: 1. Increase of coherence in the present legal framework, 2. Reduction of provisions, 3. Clarity and unambiguousness, 4. Manageability;
Amendment 30 #
2010/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that European research funding should be more trust-based and risk- tolerant towards participants at all stages, with flexible EU rules that can be applied in accordance witho align better, where possible and existing, with different nationally regulations andcognised accounting practices;
Amendment 42 #
2010/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports the reduction in combinations of funding rates and methods for defining indirect costs across the different instruments; aAcknowledges that neither the current differentiation between universities/research centres, industry and SMEs nor the differentiation betweenshould not be abolished, but that a uniform funding rate over all activitiy types (management, research, demonstration and dissemination) should be abolishedintroduced; supports the reduction in combinations of funding rates and methods for defining indirect costs across the different instruments;
Amendment 48 #
2010/2079(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. CallIs onf the Commission to further clarify the terminology on the use of flat- rate and lump sums; iopinion that lump-sums and flat rate should be applied where appropriate; calls ofn the opinion that lump-sums and flat rates should be exceptional andCommission to further clarify the terminology in used on a voluntary basis and only in justified caseflat-rate and lump sums;
Amendment 87 #
2010/2079(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Has strong reservations about the effects of abolishing theAcknowledges the need for expert knowledge e.g. by opinions provided by Member States representatives with regard ton selection decisions, especially in security and defence research and in cases of ethical evaluation of the projects; favours instead a simplified written procedure based on the current mechanisms;
Amendment 20 #
2010/2051(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the important role played by stakeholder organisations pursuing interests of the public good such as ANEC, ECOS and ETUI-REHS, as well as the essential role played by NORMAPME, and calls on the Commission to earmark some of the financing allocated to ESOs for Commission-mandated standards to these organisations particularly for standards within their remit, so that they can play a more important role in future in advising Member States and thus ensure the participation of stakeholder groups (consumers, environmental groups, trade unions and SMEs) on the national ‘mirror committees’ on European standardisation projects;
Amendment 53 #
2010/0363(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is important to ensure that consumers and other market participants can have confidence in the integrity of wholesale electricity and gas markets and that prices set on wtholesale energyse markets reflect a fair, competition-based interplay between supply and demand.
Amendment 66 #
2010/0363(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Wholesale energy markets encompass both commodity markets and derivative markets, with price formation in both sectors interlinked. Long-term contracts or contracts with final users do not fall within the scope of this Regulation.
Amendment 90 #
2010/0363(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Specification of the definitions of inside information and market manipulation is necessary to account for the specificities of wholesale energy markets, which are dynamic and subject to change, and to guarantee consistency with other EU legislation in this area. The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect to such detailed rules. ACER and other market participants should be involved in the consultations and preparations in good time and the European Parliament and the Council should be informed at an early stage.
Amendment 108 #
2010/0363(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Agency should ensure the operational security of the data which it receives, prevent unauthorised access to the information kept by the Agency, and establish procedures and appropriate legal provisions to ensure that the data it collects are not misused by persons with an authorised access to them. The Agency should also be assured that those authorities who have access to the data held by Agency will be able to maintain an equally high level of security.
Amendment 149 #
2010/0363(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a List of wholesale products For the purposes of implementing Articles 3 and 4, the Agency shall draw up and publish a list of wholesale products which fall within the scope of Article 9 of Directive 2003/06/EC.
Amendment 151 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 1 – subparagraph 1
Article 2 – point 1 – subparagraph 1
1. "inside information" means precise information which has not been made public, relating directly or indirectly to one or more wholesale energy products and which, if it were made public, could significantly affect the prices of such wholesale energy products market participants would expect to receive in accordance with established market practice;
Amendment 155 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 1 – subparagraph 2
Article 2 – point 1 – subparagraph 2
For the purposes of applying the first subparagraph, "inside information" is (a) information a reasonable market participant would be likely to use as part of the basis of his decision to enter into aone or more transactions relating to a wholesale energy product is information which, if it were made public, would be likely to have a significant effect on the prices of such wholesale energy products. Such information includes information related to the capacity of facilities for production, storage, consumption or transmission of electricity or natural gas, as well as, taking account of the laws or customs applicable on the relevant wholesale markets, or (b) information which is required to be disclosed in accordance with legal or regulatory provisions at Union or national level, market rules, and contracts or customs on the relevant wholesale energy market. Information about trading strategies shall not be regarded as "inside information" within the meaning of this provision.
Amendment 165 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 2 – point a – indent 3
Article 2 – point 2 – point a – indent 3
– employ or attempt to employ fictitious devices or any other form of deception or contrivance which send out, or are likely to send out, false or misleading messages concerning the supply of, demand for or the price of a wholesale energy product;
Amendment 168 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
Amendment 170 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subparagraph 1
Article 2 – point 4 – subparagraph 1
4. "wholesale energy products" means the following contracts and derivativeproducts, irrespective of wthere and how market segment in which they are traded:
Amendment 175 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subparagraph 1 – point a
Article 2 – point 4 – subparagraph 1 – point a
(a) standardised tradeable contracts for the supply of natural gas or electricity;
Amendment 176 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subparagraph 1 – point b
Article 2 – point 4 – subparagraph 1 – point b
(b) standardised tradeable contracts and derivatives relating to the transport of natural gas or electricity;
Amendment 179 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subparagraph 1 – point c
Article 2 – point 4 – subparagraph 1 – point c
Amendment 181 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subparagraph 1 – point d
Article 2 – point 4 – subparagraph 1 – point d
Amendment 183 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subparagraph 2
Article 2 – point 4 – subparagraph 2
Amendment 188 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subparagraph 2 a (new)
Article 2 – point 4 – subparagraph 2 a (new)
The following products shall not be regarded as wholesale energy products: (a) contracts for the supply of natural gas or electricity for the use of final consumers, and (b) long-term contracts for the physical supply of electricity or natural gas.
Amendment 198 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
5a. "market participant" means any natural or legal person, including a transmission network operator, who is involved in wholesale energy transactions;
Amendment 208 #
2010/0363(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. If an emergency is declared pursuant to Article 10(3)(c) of Regulation (EU) No 994/2010 and market participants act in accordance with their responsibilities and the emergency plans, no proceedings may be brought against them on the basis of Article 13 of this Regulation.
Amendment 237 #
2010/0363(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the different characteristics of natural gas and electricity.
Amendment 259 #
2010/0363(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Agency shall be provided by market participants or, on their behalf, by one of the persons referred to in paragraph 3 (b) to (e) with a record of wholesale energy market transactions, including orders to trade. The Commission shall adopt delegated acts in accordance with Article 15 and subject to conditions of Articles 16 and 17, laying down the timing, form and content in which this standardised products. Purely intra-group transactions shall not be required to be reported. In order to fulfil market participants’ reporting obligations, the required information shall, wherever possible, be reported by one of the persons referred to in paragraph 3 (b) to (e). The Commission shall adopt delegated acts in accordance with Article 15 and subject to conditions of Articles 16 and 17 after wide consultation with stakeholders and an impact assessment. The delegated acts shall: (a) describe the wholesale energy products to which the reporting obligations shall apply; (b) lay down the content of the information isto be reported and, where appropriate, defining thresholds for the reporting of transactions as well as specifying types of contracts for which transactions shall be reported. , including precise identification of the product traded, the price agreed and the quantity, the dates and times of agreed execution, the parties to the transaction and the beneficiaries of the transaction; (c) lay down when and in what form the information is to be reported; (d) define appropriate minimum thresholds for the application of the reporting obligations.
Amendment 54 #
2010/0252(COD)
Proposal for a decision
Recital 1
Recital 1
(1) Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)3 provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. This Decision is without prejudice to existing EU law, in particular Directives 1999/5/EC and Directives 2002/20/EC and 2002/21/EC, as well as Decision No 676/2002/EC. It is also without prejudice to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audio- visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 97 #
2010/0252(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) New Long-Term Evolution (LTE) broadband mobile communications networks are being rolled out in various Member States. Those networks use the 790-862 MHz frequency band. Some radio microphones currently operate in that band, possibly causing interference. This may also concern devices operated in schools, theatres and conference venues or by other commercial, public or private users. The requisite technical retrofitting will be achievable only with considerable financial outlay, and it is imperative to clarify where responsibility lies in this connection.
Amendment 105 #
2010/0252(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimalcan be used for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in otherConsidering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights. The efficient use of the 900 MHz bands adequate for coverage. Considering the capacitynd the freeing up of the 800 M2.3 GHz band to transmit over large areas, coverage obligations should be attached to rights(2300-2400 MHz) for mobile services shall contribute to meet the increasing demand for mobile traffic.
Amendment 119 #
2010/0252(COD)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) Increased mobile broadband opportunities may provide the cultural sector with new distribution platforms, thereby paving the way for a future development of the sector. It is essential that terrestrial broadcasting services and other actors be able to develop their services when additional part of the spectrum is freed up for wireless services. Member States should grant appropriate compensation to existing users for migration costs, resulting from the opening up of additional spectrum.
Amendment 148 #
Amendment 153 #
2010/0252(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
This Decision establishes, in accordance with Directives 2002/21/EC, 2002/20/EC and 2002/19/EC, Directive 2002/22/EC, and Decision No 67/2002/EC, a radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.
Amendment 159 #
2010/0252(COD)
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This decision shall be without prejudice to existing EU law and to measures taken at national level, in compliance with EU law, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy, and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence.
Amendment 176 #
2010/0252(COD)
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies; at the same time taking account of the social, educational, cultural and economic value of spectrum as a whole;
Amendment 215 #
2010/0252(COD)
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union spectrum policy objectives and in order to meet a rapidly growing demand for mobile data traffic whilst at the same time ensuring the development of other spectrum users such as broadcasting;
Amendment 221 #
2010/0252(COD)
Proposal for a decision
Article 3 – point a a (new)
Article 3 – point a a (new)
(aa) encouraging efficient use of spectrum to meet the increasing demand for use of frequencies, at the same time taking account of the social, cultural, educational and economic value of spectrum as a whole;
Amendment 232 #
2010/0252(COD)
Proposal for a decision
Article 3 – point b a (new)
Article 3 – point b a (new)
(ba) make more efficient use of spectrum by favouring technologies which take up little spectrum and combining this with the use of technologies, such as hot spots, Wifi, etc., which do not need any spectrum at all;
Amendment 315 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission may authorise specific derogations until 2015. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess on the basis of the market experience with new services made in the 800 MHz band whether additional spectrum could be freed and made available for new applications.
Amendment 325 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission, in cooperation with Member States, is invited to take action at the appropriate levels to achieve the harmonisation and efficient use of the 900 MHz band and the 2.3 GHz band (2300-2400 MHz) for wireless broadband services. The Commission shall continuously monitor the capacity requirements for wireless broadband services. Member States shall ensure that the cost of migration or re-allocation of spectrum usage is adequately compensated in accordance with national law.
Amendment 382 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The inventory referred to in paragraph (1) shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities. It shall also ensure that, where spectrum use is not optimal, the necessary measures are taken in order to maximise efficiency. It shall take into account future needs for spectrum based on consumers' and operators' demands, and of the possibility to meet such needs.
Amendment 38 #
2010/0250(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2 a (new)
Article 3 – paragraph 1 – subparagraph 2 a (new)
The above subparagraphs shall not apply to OTC derivative contracts concluded by a financial institution or a non-financial institution with its parent undertaking, a subsidiary, or a subsidiary of its parent undertaking
Amendment 53 #
2010/0250(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b a (new)
Article 7 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) criteria for establishing whether OTC derivative contracts are objectively measurable as directly linked to a non-financial counterparty’s commercial activity.
Amendment 56 #
2010/0250(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 a (new)
Article 7 – paragraph 3 – subparagraph 1 a (new)
These regulatory technical standards shall take into account existing legal provisions and generally accepted standards and audit procedures.
Amendment 44 #
2010/0150(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 663/2009
Annex II – part I – paragraph 4
Annex II – part I – paragraph 4
The beneficiaries of the facility shall be local and regional public authorities, preferably at regional and local level, or private entities acting on behalf of these public authoritiesublic undertakings and natural and legal persons governed by private law. Particular attention will be given to proposals involving co-operation of such bodies with housing associations, municipal energy supply undertakings and development agencies.
Amendment 9 #
2009/2226(INI)
Motion for a resolution
Recital H
Recital H
H. whereas with the building-up of four global and two regional satellite navigation systems by different international actors, speed in making services available is a vital element for Galileo in order to be recognised as the second GNSS of choice,
Amendment 34 #
2009/2226(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is disappointed that no additional financing for this programme has been proposed by readjusting the current Multiannual Financial Framework, leading to further delays, additional costs and possibly the loss of a ‘window of opportunity’; in that light, believcalls on the Commission to submit without delay a proposal for additional financial resources and stresses that FOC should be reached by 20186 at the latest, which would require an additional financing of EUR 1.95 billion before the end of the current Multiannual Financial Framework and annual funding to cover operating costs of EUR 800 million from 2014 onwards;
Amendment 54 #
2009/2226(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that long-term stability is important in order to minimise additional delays, costly redesign, and destabilisation of the user base; in this respect, calls on the Commission to quickly submit legislative proposals on the future level of services, financing and governance of the GNSS programmes; stresses that priority should be given to financing from public funds, but that provision must at the same time be made for ensuring the flexibility required for implementing the programme beyond the Multiannual Financial Framework;
Amendment 59 #
2009/2225(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of continuing efforts towards ubiquitous and high-speed access for all citizens and consumers, through the promotion of users’ access to fixed and mobile Internetbroadband and the deployment of next-generation infrastructure; emphasises that this requires targeted policies that promotecreate incentives in the regulatory framework for sustained private investment in new access infrastructure and that promote broadband access on fair terms and at competitive prices for all communitieitizens, irrespective of location, thereby ensuring that no European citizen faces exclusion;
Amendment 114 #
2009/2225(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that, as Internet access rates are increasing, 50% of EU households should be connected to high-speed networks by 2015; recalls the importance of an appropriate policy framework that enables the massive private investments needed to achieve this objective;
Amendment 127 #
2009/2225(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Member States to transpose the telecoms package before the established deadline, in particular the new provisions on Next Generation Access (NGA) networks and spectrum, which provide for a stable regulatory environment to stimulate investment while safeguarding competition; insists that any guidance on the application of the telecoms package to Next Generation Access needs to give full effect to the concepts introduced in the directives to foster the deployment of these networks; considers therefore that the Commission should revise its present approach to regulation of NGA and re- evaluate its current project of an NGA Recommendation;
Amendment 212 #
2009/2225(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists on safeguarding an open Internet, where citizens have the right to access and distribute information or run applications and services of their choice; calls on the Commission, the Body of European Regulators for Electronic Communications (BEREC) and the National Regulatory Authorities (NRAs) to monitor closely and enforce the harmonised implementation of the 'net neutrality' provisions and report to Parliament before the end of 2010;
Amendment 264 #
2009/2225(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises the need to develop the free circulation of content and knowledge andfurther the legitimate online market to achieve, by 2015, a simple, consumer-friendly legal framework for accessing digital content in Europe, which would give certainty to consumers and ensure robust solutions that are balanced and attractive for users and rights-holders in compliance with copyright rules; urges the EU to accelerate the debate on copyright and to establishenforcement and to analyse the impact of an EU copyright title under Article 118 of the Treaty on the Functioning of the EU by 2013;
Amendment 268 #
2009/2225(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the importance of the creative content industries to the Information Society, as a fast-growing and dynamic sector, contributing to growth and employment;
Amendment 20 #
2009/0172(NLE)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The contribution, as part of the Kozloduy Programme, to the financing of the National Radioactive Waste Disposal Facility should be used solely for the storage of low-level and intermediate-level radioactive waste.
Amendment 3 #
2009/0010(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) The need for a functioning and well connected internal energy market together with a stable and transparent legal and regulatory framework is a prerequisite for efficient energy supply and use.
Amendment 4 #
2009/0010(COD)
Proposal for a regulation
Recital 1 d (new)
Recital 1 d (new)
(1d) Energy infrastructure investments are in principle driven by market forces and undertakings are generally and primarily responsible for infrastructure development.
Amendment 5 #
2009/0010(COD)
Proposal for a regulation
Citation 1 e (new)
Citation 1 e (new)
(1e) There is a unique, exceptional and temporary need to stabilise the economy.
Amendment 7 #
2009/0010(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Stresses that energy infrastructure investments are primarily driven by market forces and thus the primary responsibility for infrastructure projects lies with undertakings. Member States and the European Union should therefore take action to deliver a better framework for undertakings to invest in energy infrastructure. This should include stable and transparent legal and regulatory frameworks as a prerequisite for efficient energy supply and use.
Amendment 9 #
2009/0010(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) An important part of the Recovery Plan was the proposal to increase Community spending in defined strategic sectors, addressing lack of confidence among investors and helping develop the path to a stronger economy for the future, acknowledging the unique, exceptional and temporary need to stabilise the economy. The European Council asked the Commission to present a list of concrete projects, taking into account an adequate geographical balance, to reinforce investments for the development of, in particular, infrastructure projects.
Amendment 64 #
2009/0010(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The energy infrastructure financed or co-financed by means of available European funds shall be economically viable and shall have an overall European added value.
Amendment 102 #
2009/0010(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the project timetable shall include a substantial capital expenditure in 2009 and 2010commitment within the first two years after the granting of funds. All commitments shall be subject to a national framework being in place and the necessary permissions being obtained.
Amendment 109 #
2009/0010(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) requested funding per tonne of CO2 to be abated in the first 5 years of operation, taking into account amongst other things major factors such as the size of the project, the technology applied, the fuel used, and the mode of transport (weighting of 420%);
Amendment 110 #
2009/0010(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) complexity of the project and level of innovation of the overall installation including other accompanying research activities as well as the commitment demonstrated by the beneficiaries to diffuse the results of the technological advances made by the project to other European operators in compatibility with Community law and in particular with the objectives and structures outlined in the Strategic Energy Technology Plan for Europe (weighting of 420%);
Amendment 111 #
2009/0010(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(ba) probability of the project achieving expected outcomes (weighting 20%);
Amendment 112 #
2009/0010(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b b (new)
Article 20 – paragraph 2 – point b b (new)
(bb) added benefits of the project, such as its contribution towards a future European CCS infrastructure, that would benefit future commercial projects (weighting 20%);
Amendment 113 #
2009/0010(COD)
Proposal for a regulation
Article 21
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 80% of total eligible investment costs. The receipt of EEPR assistance shall not preclude other sources of funding.
Amendment 6 #
2008/2239(INI)
Motion for a resolution
Recital A
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 growth, sustainability and competition; whereas it is only by striking a balance among these three objectives that economic growth and at the same time efforts to combat climate change can be sustainably combined,
Amendment 16 #
2008/2239(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the risks to the EU's security of supply are linked to the low level of investment, which, in all energy sectors and regions, is leading to capacities which are stretched or even inadequate, making it necessary in particular to renew electricity generating plant at an estimated investment cost of € 900 bn by 2030,
Amendment 44 #
2008/2239(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 53 #
2008/2239(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States, in the light of the growing risks which the EU is running in terms of energy security, to speak with a single voice; notes that their current practices are anything but geared to this aspiration; considers it imperative, in the interests both of solidaritecurity of supply and of the effectiveness of negotiations with a view to determining the international regulatory framework, for Member States tothe Commission to propose to the Council and the European Parliament drawing up a European energy policy in accordance with their competencwhich has due regard for the respective competences of the European Union and of the Member States: international relations, energy efficiency, combating climate change, regulationfurther development of the internal market, negotiation of international treaties, forward studies and dialogue with producers, and energy research;
Amendment 63 #
2008/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that energy solidarity must become a major European concern and that damagingif a third country arbitrarily damages energy supply in a Member State, this is tantamount to damaging the supply of the EU as a whole;
Amendment 65 #
2008/2239(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that the division of tasks between undertakings and political decision-makers, whereby undertakings take responsibility for security of supply, is of proven value and should therefore in principle be preserved; calls on political decision-makers, in view of the increasingly difficult global environment, in future to adopt more accompanying measures for business operations;
Amendment 69 #
2008/2239(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the EU energy security and solidarity action plan in principle;
Amendment 73 #
2008/2239(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the subject of solidarity with regard to energy supply requires more precise analysis in order to be able to respond quickly and appropriately to any shortfalls in supply; considers that, in this connection, in view of the multiplicity of possible causes of disruptions to supply, bilateral and regional solutions should take priority over European systems, in order to be able to respond quickly;
Amendment 88 #
2008/2239(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the development of gas and electricity interconnections through Central and South-eastern Europe along a north- south axis, recalling that the networks in Northern Europe are inadequate and that these regions are isolated; calls therefore, by way of example, for gas to be supplied to Poland from Eastern Germanyshould be further developed and integrated; proposes therefore, by way of example, that progress should be made with the connection of Poland and, via Poland, also of the three Baltic States, to the Western European gas network;
Amendment 112 #
2008/2239(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Advocates, in view of the decline in domestic natural gas production and the change in the energy mix in many Member States, that all existing natural gas and electricity infrastructure projects which are currently planned be implemented rapidly in order to ensure that demand can still be met in future;
Amendment 116 #
2008/2239(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for optimislocations of LNG facilities to be coordinated to one another and to the network situation, particularly for regions of the EU which are isolated in energy terms; considers that new LNG terminals in countries which are major consumers and which are dependent exclusively on gas pipelines, such as Germany and the Baltic States, should be regarded as projects of European interest; should be regarded as projects of European interest on account of their key contribution to diversification of supply routes;
Amendment 123 #
2008/2239(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the importance of promoting CCS infrastructure for the European Union's climate policy, and calls on the Commission to review the role of the European Union in promoting the necessary pipeline infrastructure, including the incorporation of such pipelines in the TEN-E;
Amendment 136 #
2008/2239(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and Member States to draw up strategic guidelines intended for lasting application, while leaving it to private industrial undertakings to implement them, striking a balance between market mechanisms and regulation; stresses the importance of finalising the negotiations on the legislative package on the internal energy market and calls on the Commission and Member States to set up an independent agency for cooperation between energy regulators, with strongthe necessary powers, including powers relating to technical, network- related security of supply;
Amendment 154 #
2008/2239(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the completion of the market will be a success if it makes it possible ultimately to avoid volatility of energy prices and that Directive 2003/87/EC1, which is currently being revised, provides, in a comprehensible and predictable manner, an assessment of carbon dioxide costs; 1 OJ L 275, 25.10.2003, p. 32.o remove obstacles to investment;
Amendment 164 #
2008/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that, even with the implementation of very ambitious and drastic energy efficiency and energy saving plans, the EU will still be dependent on third countries for supplies of fossil energy; calls, therefore, for dialogue with productransit and other consumer countries to be stepped up and, more generally, for enhanced international cooperation to increase transparency on world energy markets and tackle the issue of sustainable development;
Amendment 166 #
2008/2239(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes the importance of long-term supply contracts for the development of long-term trust-based relations between extracting and purchasing states and for securing the necessary investment in both upstream and downstream sectors;
Amendment 188 #
2008/2239(INI)
Motion for a resolution
Paragraph 16
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; 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 ofthat they should respect the principles of the Charter, especially as Russia endorsed these principles at the G8 summit in Heiligendamm; 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;
Amendment 202 #
2008/2239(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 205 #
2008/2239(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to analyse different ways in which the volatility of oil and gas prices can be reduced; notes in particular the role of transparency and sufficient spare production capacity as well as of the catalytic effect of financial speculation on price formation on the market; rejects the use of strategic oil stocks to reduce price fluctuations on economic grounds;
Amendment 211 #
2008/2239(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that, because of the high cost of strategic gas stocks, it is preferable to promote transparency of commercial stocks and diversification of connections; proposes, however, that Member States introduce emergency measures, such as strategic stocks of the order of 10% and/or contracts which can be interrupted as provided for in Council Directive 2004/67/EC1 of 26 April 2004 concerning measures to safeguard security of natural gas supply, with each Member State freely choosing the measures appropriate to it, on grounds of subsidiarity: considers that, in so far as these measures prove inadequate, the multi-stage European procedure using the event of a crisis;Gas Coordination Group should be set in motion, as a fallback measure; 1 OJ L 127, 29.4.04, p. 92.
Amendment 217 #
2008/2239(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Proposes that information technologies should be used better for total or partial cut-offs in the event of a crisis, and considers, for this purpose, that under the supervision of the regulator,each Member State should introduce a system capable of reducing national consumption in response to a collective decision could be introducedrisis;
Amendment 234 #
2008/2239(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for more efficient use of oil, particularly in the field of transport, which is the main sector in which this fuel is used; calls for the adoption of very ambitious medium-term objectives (for 2020) for vehicle consumption, while encouraging Member States to rethink their policies onseek alternative fuels and propulsion technologies, for example electric engines, for goods and individual passenger transport, particularly in urban areas;
Amendment 246 #
2008/2239(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that renewable energies, such as wind, solar, hydro, biomass and marine resources, are the mostan important potential source of energy available to the EU, which can help to stabilise energy prices, and welcomes the initiative to submit a communication on eliminating obstacles to renewable energies;
Amendment 252 #
2008/2239(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 262 #
2008/2239(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on the Commission and Member States to safeguard access to domestic supplies of fossil fuels under their physical planning and land use planning systems;
Amendment 264 #
2008/2239(INI)
Motion for a resolution
Paragraph 31
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 emissionsboth lignite and coal continue to play a key role in the EU's supplies and security of supply, and are an alternative to oil and gas; stresses, however, that the major disadvantage of coal lies in the fact that its carbon dioxide emissions are high in comparison with other primary energy sources; stresses that CCS technology should therefore continue to receive support until it becomes commercially viable;
Amendment 274 #
2008/2239(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Recalls the significance of nuclear energy, which is produced in 15 out of 27 Member States and used in even more, and which meets around one-third of electricity demand in the European Union; also recalls the six new reactors currently under construction in four Member States;
Amendment 276 #
2008/2239(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Recalls that the simultaneous generation of electricity and heat in combined heat and power plants is a particularly efficient way of producing energy, which thus also protects resources, and should continue to be supported at both Community and national level;
Amendment 277 #
2008/2239(INI)
Motion for a resolution
Paragraph 31 c (new)
Paragraph 31 c (new)
31c. Acknowledges that admixing biomass for burning in modern coal-fired power stations is already achieving 45% efficiency, and that efficiency levels as high as 90% can be achieved using CHP; therefore calls on the Commission and the Member States to establish incentives for increasing the admixture of biogenic fuels in fossil-fuel-fired power stations;
Amendment 282 #
2008/2239(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Stresses the competitiveness of nuclear energy, which is largely unaffected by fuel price fluctuations owing to the small proportion of generating costs that the fuel, uranium, represents;
Amendment 283 #
2008/2239(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Stresses that nuclear energy is crucial for achieving the European Union's ambitious climate protection targets, and that nuclear energy makes a substantial contribution to holding down electricity costs and to security of supply;
Amendment 284 #
2008/2239(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Considers it essential to guaranfor the Member Statees to European citizensure that, in the EU, nuclear energy is used safely and transparently, particularly as regards the management of nuclear waste; in this connection fundamentally welcomes the Commission proposal for a legal framework for nuclear energy safety (COM(2008)0790);
Amendment 300 #
2008/2239(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission and Member States to devise a European energy policy which will permit a massive conversion to low carbon emission energy technologies to meet the growing needs for energy consumption although there is a risk of a major crisis in the energy field; stresses that, while energy efficiency and energy saving remain a priority, as does the continued development of renewable energies, it will not be possible to overcome the energy resource deficit by 2030;
Amendment 311 #
2008/2239(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Calls on the Commission to refrain from measures which would reduce the European energy mix, since a broad energy mix provides an essential basis for energy security;
Amendment 19 #
2008/2237(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Rejects, however, the planned Directive on reduced VAT rates enabling Member States to apply reduced rates principally for locally supplied services, which are mainly provided by SMEs, since this would result in distortions of competition, further administrative burdens owing to demarcation problems and tax increases in other places;
Amendment 111 #
2008/2237(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the measures proposed in the Small Business Act seeking to improve the supply of capital to SMEs; calls in particular, in the light of the financial crisis, for tried and tested state SME support programmes to be expanded and/or continued and for their support to be extended to financial intermediaries;
Amendment 1 #
2008/2212(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas it is becoming ever more urgent to develop a coherent and comprehensive Community energy policy in order to ensure security of supply at a time when the European Union is becoming increasingly dependent on imports,
Amendment 3 #
2008/2212(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, as things stand, the life of reserves is longer than had been assumed in 1980 and no-one can accurately predict when a cut in production caused by the natural depletion of resources will occur and whether this will happen gradually, abruptly or with intermediate peaks; whereas oil is nevertheless to be regarded as a finite resource,
Amendment 4 #
2008/2212(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas oil production by the European Union and Norway still made a contribution towards meeting domestic demand of more than 30% in 2007,
Amendment 6 #
2008/2212(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the European Union's dependence on oil imports will rise to 95% by 2030, whilst at the same time conventional oil reserves will be increasingly concentrated in the countries in the strategic ellipse and growing competition in demand could create uncertainties in supply,
Amendment 8 #
2008/2212(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to focus more on analysing the indirect as well as the direct impact of proposed measures on security of supply and costs when preparing legislative proposals;
Amendment 15 #
2008/2212(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points to the importance of the Artic region as an oil-producing area, which is thought to contain up to a quarter of undiscovered reserves worldwide;
Amendment 17 #
2008/2212(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is alarmed at growing trends towards nationalisation and sweeping state intervention in recent years; is convinced that such intervention sends a disastrous signal for investment decisions and increases the risk of market distortions;
Amendment 20 #
2008/2212(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it vital to improve market transparency in order to stabilise oil prices; calls on the Commission to submit corresponding proposals to Parliament and the Council; points out that transparency must urgently be increased in the producer countries as well, and volumes of production and the level of reserves in particular must also be published in a transparent way; calls on the Commission and Member States to work towards greater transparency within the framework of their dialogues with producer countries;
Amendment 21 #
2008/2212(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes, in this context, the proposal for the weekly publication of the level of oil stocks put forward in the second strategic energy review; stresses, however, the proposal for a Council directive on minimum stocks of crude oil and petroleum products (COM(2008)0775) and in particular the obligations as regards weekly publication contained therein, which can contribute to greater transparency in the oil markets, but nevertheless expresses doubts as regards the planned wide-ranging powers for the Commission and stresses that transparency must be achieved worldwide;
Amendment 28 #
2008/2212(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes that oil pipelines have been excluded from the trans-European energy networks and calls on the Member States and the Commission to consider including oil infrastructure in the TEN-E in view of current developments, in particular falling domestic production and the simultaneous rise in dependence on imports and the need for new transport capacities;
Amendment 29 #
2008/2212(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission and Member States to work towards stabilisation, in particular in producer countries threatened by political instability, within the framework of the common foreign, trade and security policy, since stability provides the basis for investment and prosperity;
Amendment 34 #
2008/2212(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to study how energy savings can be achieved in road and air transport and shipping, in particular through the more efficient use of modern traffic management systems to reduce delays and diversions;
Amendment 3 #
2008/2099(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is expected that the switchover from analogue to digital terrestrial television by the end of 2012 will as a result of the superior transmission efficiency of digital technology free up an unprecedented significant amount of spectrum in the European Union, thus offering the possibility of reallocating spectrum and presenting new opportunities for market growth,
Amendment 12 #
2008/2099(INI)
Motion for a resolution
Recital C
Recital C
C. whereas spectrum shortage has been an obstacle to the deployment of new services,remains a scare natural resource and its efficient use is critical in ensuring access to spectrum for the various interested parties which want to offer services,
Amendment 15 #
2008/2099(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas broadcasters have shown commitment to efficient use of spectrum by driving forward the digital switchover with heavy investment in digital radio and television technology and programming,
Amendment 30 #
2008/2099(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the digital dividend opens up sufficient spectrum forshould provide an opportunity to broadcasters to significantly develop and expand their services and at the same time to take into account other potential social, cultural and economic applications, such as broadband applications designed to overcome the so- called “digital divide”;
Amendment 46 #
2008/2099(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the main guiding principle in the allocation of the digital dividend should be ensuring the best social, cultural and economic value in terms of an enhanced and geographically wider offer of services and digital content to citizens, and not only maximising public revenues;
Amendment 55 #
2008/2099(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the digital dividend is also an important instrument in audiovisual and media policies which cshould be used effectively to promote and protect freedom of expression and culturalto pursue cultural and media policy objectives such as cultural and linguistic diversity and media pluralism;
Amendment 70 #
2008/2099(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the contributionimportance of the ITU Geneva-06 Agreement (Regional Radiocommunication Conference 2006) and of national frequency allocation plans as well as and of the decisions of the World Radiocommunication Conference 2007 (WRC-07) to the reorganisation of the UHF band;
Amendment 79 #
2008/2099(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges the right of Member States to determine the use of the digital dividend, but affirms also that a coordinated approach at Community level is the onlyis a suitable way to avoid harmful interference between Member States and between Member States and third countries;
Amendment 87 #
2008/2099(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that spectrum policy has to be dynamic and that it should enable broadcasters to use future new technology and develop new services which will enable them to continue to play an important role in achieving cultural and media policy objectives, meeting the expectations of the public;
Amendment 90 #
2008/2099(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the potential benefits in terms of economies of scale, innovation, interoperability and the provision of potential pan-European services of following a coordinated approach and, wherever possible, of harmonising at Community level common spectrum sub- bandsthe usage of the digital dividend for different application clusters on a technology- neutral basis; encourages Member States to work together and with the Commission to identify such sub-bandspossibilities for harmonisation;
Amendment 95 #
2008/2099(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. In order to achieve a more efficient use of spectrum and to facilitate the emergence of innovative and successful national, cross-border and pan-European services, supports thea coordinationed approach of the Commission, based on three different clusters of the UHF spectrumat Community level, taking into account the potential for radioharmful interference arising from the co-existence of different types of networks in the same band and the existing authorisations;
Amendment 117 #
2008/2099(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to submit, as soon as these studies have been completed and having consulted both the Radio Spectrum Policy Group and the European Conference of Postal and Telecommunications Administrations and taking due account of national specificities, a legislative proposal to the European Parliament and to the Council for the adoption of measures to reserve and coordproposal for better coordination of the use of the digital dividend at Community level in accordance with inate at EU level common sub-bands of the digital dividendrnationally agreed frequency plans;
Amendment 58 #
2008/2015(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that Europe needs a forward- looking strategic energy and external energy policy to ensure a high level of security of energy supply meeting the conditions of sustainability, resource efficiency and climate neutrality and acting in favour of transparency and non- discriminating energy policy, particularly as regards CO2-neutral energy sources, and that questions regarding the transport and storage of energy under the umbrella term ‘energy infrastructure’ must be answered alongside the question of the availability of energy;
Amendment 66 #
2008/2015(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the EU and its Member States to secure a transitional phase in the energy mix, influenced by politicians and led by entrepreneurs, a period in which the use of renewableall low CO2 energy sources gradually supplements and subsequently replaces the use of fossil fuels, by means of active support from the public authorities in the Member States and at EU level;
Amendment 94 #
2008/2015(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that any future low-carbon energy policy must also investigate the possibltake into account the 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 ofcomparing nuclear energy performance to that of other energy options delivering the same kind of service, i.e. centralised generation of baseload electricity on European markets; points out that, as stated by the European Nuclear Energy Forum established by the European Council, nuclear power is CO2-free and is competitive and predictable in terms of its generation costs, low environmental impact and excellent safety record; considers that the nuclear energy sector offers important domestic added value due to the fact that the major part of the supply chain is based in EU countries; points out that the diresposal of waste, in comparison to renewable energy sourcesnsible use of nuclear energy entails an obligation to comply with existing institutional and technical constraints so as to ensure non- proliferation and to set up the necessary long-term infrastructure for the containment of radioactive waste;
Amendment 100 #
2008/2015(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the EU and its Member States to ensure that a level playing field for nuclear energy in Europe is a key priority in the context of a competitive European energy market; points out that the adoption of an even more advanced legal framework for nuclear energy, meeting the highest standards of safety and security, should ensure the responsible increased use of that energy source;
Amendment 216 #
2008/2015(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls for the rejection of the fundamental principle of 100% auctioning of allowances; takes the view that free allocation up to atypical limit values (benchmark)s) for a given fuel set on the basis of the best available technology is more useful, since this the only way to ensure that a sufficient stock of capital remains in the company to enable it to make the necessary investments in increasing efficiency ;
Amendment 235 #
2008/2015(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the EU and its Member States to takerespond to possible public scepticism or concerns about the application of CCS seriously and not to deny existing logistical difficultiwith research and public awareness measures;
Amendment 264 #
2008/2015(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Considers that, in addition to the conservation and propagation of native forest tree populations in the European Union, support should be given to testing and propagating foreign tree species which are better able to cope with the challenges of climate change;
Amendment 375 #
2008/2015(INI)
Motion for a resolution
Annex B - Indent 11 a (new)
Annex B - Indent 11 a (new)
- having regard to its resolution of 24 October 2007 on ‘Conventional energy sources and energy technology’,
Amendment 392 #
2008/2015(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, particularly in this legislative period, the European Parliament's work on climate change has been a source of inspiration and a mandate for action to shape an integrated European policy to combat climate change,
Amendment 399 #
2008/2015(INI)
Motion for a resolution
Recital E
Recital E
E. whereas climate change is a challenge to which there is no single political solution, but whereas the combination of existing opportunities and a dramatic increase in efficiency in all areas of the economy and society may make a contribution to resolving the problem of resources and distribution and pave the way for a third industrial revolution,
Amendment 400 #
2008/2015(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas one essential element in Europe’s climate policy is that it should take a cost-efficient form, and whereas conflicts of objectives with the Lisbon Strategy should be avoided,
Amendment 416 #
2008/2015(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas 33.5% of the European Union’s petroleum imports come from Russia and 30.5% from the Arab states, and whereas 42% of its natural gas imports come from Russia and 28.4% from the Arab states,
Amendment 425 #
2008/2015(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas energy prices are a key element and will become increasingly important for the competitiveness of our economies and for consumers, who are confronted with ever higher energy bills,
Amendment 427 #
2008/2015(INI)
Motion for a resolution
Recital U
Recital U
U. whereas in the medium to long term there can be no question of covering the increasing need for energy solely with fossil fuels, and whereas investment decisions over the next few years will determine the structure of the energy system and the composition and carbon content of the energy mix for the coming decades, and whereas CO2- free energy resources should not be hampered through unnecessary administrative burdens,
Amendment 434 #
2008/2015(INI)
Motion for a resolution
Recital X
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 stadifferent authoritative reports state that all low CO2 sources will need to contribute to climate change mitigation: – Parliament's resolution of 24 October 2007 on conventional energy sources and energy technology1, which states that "short and medium term decisions on the use of nuclear power will also directly affect the climatic goals that the EU might realistically set”; – the fourth Intergovernmental Panel on Climate Change (IPCC) assessment report in 2007, which underlines that "nuclear is one of the key mitigation technologies currently commercially available", ____________________________ 1 Texts adoptesd, P6_TA(2007)0468.
Amendment 489 #
2008/2015(INI)
Motion for a resolution
Recital BF
Recital BF
BF. whereas the technology for CO2 capture and storage (CCS), as a bridging technology on the way to the decarbonisation of the energy system, may make may contribute to resolving the issue of sinking CO2 emissions from power stations and could serve to complement renewable technologies, but whereas CCS is an end- of-pipe technology,
Amendment 504 #
2008/2015(INI)
Motion for a resolution
Recital BN a (new)
Recital BN a (new)
BNa. whereas there are foreign tree species which are better able to cope with the challenges of climate change than those native to the European Union,
Amendment 541 #
2008/2015(INI)
Motion for a resolution
Recital CK a (new)
Recital CK a (new)
CKa. whereas in a carbon-constrained world, the mastery of technology will increasingly determine prosperity and competitiveness, and whereas the availability of sufficient financial and human resources will determine the success of the priority initiatives proposed in the SET-Plan,
Amendment 1 #
2008/2006(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses the fact that energy supply is a key element for the successful participation of citizens in social and economic life;
Amendment 5 #
2008/2006(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the Commission's plans not to propose the charter as a new legal act but as a means of assisting citizens to obtain information about their rights in a better and simpler way; points out in this context that discussions aimed at disseminating information in connection with the charter concerning potential but not yet adopted legal acts have an adverse effect on the clarity and applicability of the rights and, therefore, stand in the way of the desired objectives;
Amendment 20 #
2008/2006(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the Member States must devote more attention to the problem of energy poverty and that an appraisal should be made of the extent to which the individual national social security or tax systems take account of the risks associated with energy poverty;
Amendment 29 #
2008/2006(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Rejects any idea of setting up a joint consumer complaints authority for the Member States as citizens would not accept it as an instrument for furthering their interests simply because of the range of languages involved and, at the same time, Member States would be relieved of the responsibility of setting up or strengthening corresponding institutions at national or regional level;
Amendment 3 #
2008/2001(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the mandate of the Temporary Committee on Climate Change calls on the committee to formulate recommendations on the EU’s future integrated policy on climate change; whereas such recommendations should therefore be founded on all the information gathered by the Temporary Committee in the course of its workbe based on state-of-the-art research, and should not exclude the latest scientific evidence,
Amendment 6 #
2008/2001(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Parliament should not focus exclusively on the IPCC and the Stern report, but should also give the floor to critical climate scientists;
Amendment 8 #
2008/2001(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the scientific consensus on the origins and causes of climate change is well established and recognised worldwide inside and outside the IPCC; whereas scientific knowledge and understanding of the underlying human origins of the current global warming trend have grown enormously since the first IPCC assessment report in 1990 and are now beyond any serious scientific doubt; whereas there is a deep-seated scientific consensus on the role played by anthropogenic emissions of greenhouse gases (GHG) in the global climate; whereas, in the light of the risk assessment provided, uncertainty demands action rather than a deferral of action,
Amendment 16 #
2008/2001(INI)
Motion for a resolution
Recital E
Recital E
E. whereas research based on observations and modelling shows the possible risk of serious impact on our planet if measures are not taken swiftly to slow or even halt further increases in CO2 and other GHG emissions such as methane or nitrous dioxide,
Amendment 21 #
2008/2001(INI)
Motion for a resolution
Recital G
Recital G
Amendment 25 #
2008/2001(INI)
Motion for a resolution
Recital H
Recital H
H. whereas recent scientific studies have delivered further proof of thean anthropogenic disturbainfluence of the earth's atmosphere; whereas the physical science of climate change is assessing the concrete implications of already existing levels of global warming caused by historic emissions; whereas the data collected from such studies underline the urgent need for adaptation measures to be implemented in order to limit serious risk to humans and the infrastructure, first and foremost in the developing world but also in Europe and other wealthier parts of the world,
Amendment 30 #
2008/2001(INI)
Motion for a resolution
Recital I
Recital I
I. whereas popular climate-related science has identified a number of so-called "tipping-points" in the earth's climate system; whereas such "tipping points" represent "points of no return" for practically irreversible climate change impacts that cannot be reasonably managed by humans; whereas these "tipping-points" and the unstoppable bio-geophysical processes triggered thereby cannot be fully included in the existing future climate scenarios,
Amendment 35 #
2008/2001(INI)
Motion for a resolution
Recital J
Recital J
J;. whereas the scientific consensus anumerous scientists expressed the view in IPCC AR4 leads to the conclusion that the level of global GHG emissions must be at least halved by 2050 to avoid serious risks; whereas this target has been endorsed by the EU Heads of State and Heads of Government at the meeting of the G8 at Heiligendamm; whereas it will be increasingly difficult to achieve this target if global GHG emissions continue to rise until 2020 and beyond; whereas nearly allthe Commission recently pointed out that only three Member States arhave makingde good or even excellent progress in their efforts to comply with their individual EU burden-sharing targets, thus raising the likelihood that the EU will reach its Kyoto target by 2012; whereas, nevertheless, after 2012 Member States will have to reduce GHG emissions in a more ambitious way if they are to meet the targets adopted at the above-mentioned European Council on 8-9 March 2007 and to halve their GHG emissions by 2050,
Amendment 51 #
2008/2001(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the IPCC AR4 has, for the first time, documented the wide-ranging impacts of changes in current climate patterns in Europe, such as retreating glaciers, increasingly lengthy seasons, shifts in the geographical range of species’ habitats and health impacts caused by a heatwave of unprecedented magnitudes; whereas the changes observed are consistent with those projected for future climate change based on model calculations; whereas, throughout Europe as a whole, nearly allmany regions will be negatively affected by the various future impacts of climate change and these will pose challenges in many economic sectors; whereas climate change is expected to magnify regional differences in Europe’s natural resources, e.g. water availability,
Amendment 65 #
2008/2001(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the next IPCC assessment report will probably not be published until 2012 or 2013; whereas additional knowledge emanating from scientific reports commissioned by governments or conducted by other international bodies or UN institutions such as the Food and Agricultural Organization (FAO), the UN Environment Programme (UNEP), the UN Development Programme (UNDP), the World Meteorological Organization (WMO) or the World Health Organization (WHO)until then are making a significant contribution to a deeper understanding of the current and future impact of climate change on humans and the environment,
Amendment 70 #
2008/2001(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regards the science of climate change as settled and reiterates its commitment to the EU's strategic objective of limiting the global average temperature increase to not more than 2°C above pre-industrial levels; believes, notwithstanding this, that all efforts to curb emissions should in fact aim at staying well below the 2°C target, as such a level of warming would already heavily impact on our society and individual lifestyles, and would also entail significant changes in ecosystems and water resourcespoints out the difficulty of differentiating between the effects of global warming caused by human activity and of naturally occurring global warming;
Amendment 77 #
2008/2001(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 78 #
2008/2001(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 83 #
2008/2001(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that scientific evidence from all continents and most oceans shows that many natural systems are already affected by regional climate changes due to historic carbon emissions from the industrialised countries; emphasises that the underlying causes of global warming are to a large extent man-made and that the level of gathered knowledge sufficiently proves the anthropogenic disturbance of the Earth's atmosphere;
Amendment 86 #
2008/2001(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that scientific results clearly demonstratebased on model calculations predict how climate change willcould occur in the near future, following different regional patterns and demonstrating that global warming is both a development issue and a global environmental issue, with poor people and developing countries being the most vulnerable; considers that adaptation aimed at managing the unavoidable consequences of global warming caused by historic emissions from the industrialised countries is as important as intensive mitigation efforts designed to avoid further unmanageable global warming;
Amendment 99 #
2008/2001(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on scientists and researchers to carry out a critical and appropriate analysis of research results with a view to progressively filling the still existing lacunae in knowledge; reminds scientists and researchers that they must counter any politicisation of research results;
Amendment 100 #
2008/2001(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Draws attention to new, sound scientific research which regards cosmic rays in conjunction with cloud formation as the main cause of climate fluctuations, and strongly supports further research, particularly into the physics of the upper atmosphere;
Amendment 102 #
2008/2001(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for a study to assess the effects on economic competitiveness, energy costs and social development in Europe of measures seeking to address climate change;
Amendment 110 #
2008/2001(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that thobjective communication of scientific evidence of human impact on the global climate must be the main element of a broader effort to raise public awareness and subsequently gain public support for political measures to curb carbon emissionis needed to raise public awareness of the consequences of climate change and possible adaptation strategies; believes, furthermore, that individual changes in lifestyle patterns are necessary and should be a part of educational attempts to communicate adequately and neutrally the causes and effects of global warming and the scientific controversy linked thereto, but that they cannot be imposed by political decisions;
Amendment 117 #
2008/2001(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 82 #
2008/0261(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2001/83/EC
Article 54 – point o
Article 54 – point o
(o) safety features making it possible to ascertain identification, authenticity and traceability of medicinal products, other than radiopharmaceuticals, subject to medical prescription as defined in Title VI, other than radiopharmaceuticals and medicinal products which due to their specific characteristics are not suitable for distribution through a wholesaler and pharmacy and therefore are sold directly by the producer to a clinical establishment where they are directly administered to the patient.
Amendment 71 #
2008/0231(CNS)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive aims at creating a Community framework for nuclear safety in the European Union. It sets out a foundation for legislation and regulatory arrangements in the Member States concerning nuclear safety and aims at achieving, maintaining and continuously improving nuclear safety in the Community and to enhance the role of the national regulatory bodies.
Amendment 137 #
2008/0231(CNS)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Member States shall respect, as listed in detail in the Annex, respect those parts of the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No. SF-1 (2006)). They which are relevant to the creation of a Community framework for nuclear safety, and shall observe the relevant obligations and requirements incorporated in the Convention on Nuclear safety (IAEA INFCIRC 449 of 5 July 1994).
Amendment 140 #
2008/0231(CNS)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 152 #
2008/0231(CNS)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. LMember States shall ensure that licence holders shall design, construct, operate and decommission their nuclear installations in accordance with the provisions set out in Article 6(1) and (2).
Amendment 156 #
2008/0231(CNS)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 178 #
2008/0231(CNS)
Proposal for a directive
Annex (new)
Annex (new)
Amendment 51 #
2008/0223(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95 and Article 175(1) thereof,
Amendment 65 #
2008/0223(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The energy performance of buildings should be calculated on the basis of a harmonised methodology, which may be differentiated at national and regional level, and that includesing, in addition to thermal characteristics, other factors that play an increasingly important role such as heating 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. The European standardisation carried out under Mandate M/343 should also be taken as a basis in order to forestall the risk of market fragmentation within the European Union.
Amendment 83 #
2008/0223(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Major renovations of existing buildings, regardless of their size over 250 m2 in area may, where this is possible for technical and legal reasons, 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.
Amendment 93 #
2008/0223(COD)
Proposal for a directive
Recital 15
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 buildings of which both carbon dioxide emissions and primaryfinal energy consumption areis low or equal to zero and regularly report them to the Commission.
Amendment 100 #
2008/0223(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The prospective buyer and tenant of building or parts thereof should be given correct information about the energy performance of the building and practical advice about improving it, through the energy performance certificate. The certificate should also provide information about the actual impact of heating and cooling on the energy needs of the building, on its primaryfinal energy consumption and on carbon dioxide emissions.
Amendment 108 #
2008/0223(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Recent years have seen a rise in the number of air-conditioning systems in European countries. This creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance in those countries. all Member States. Priority should be given to strategies which enhance the thermic performance of buildings during the summer period. To that end, there should be further development of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro- climate around buildings.
Amendment 111 #
2008/0223(COD)
Proposal for a directive
Recital 21
Recital 21
(21) A common approach to energy performance certification of buildings and to the inspection of heating and air- conditioning systems, carried out by qualified and accredited experts, whose independence is to be guaranteed on the basis of objective criteria, will contribute to a level playing field as regards efforts made in Member States to energy saving in the buildings sector and will introduce transparency for prospective owners or users with regard to the energy performance in the Community property market. In order to guarantee the quality of energy performance certificates and of the inspection of heating and air- conditioning systems throughout the Community, an independent control mechanism should be established in each Member State.
Amendment 115 #
2008/0223(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Power should in particular be conferred on the Commission to adapt certain parts of the general framework set out in Annex I to technical progress, to establish a methodologies for calculating cost-optimal levels of minimum energy performance requirements and to establish common principles for defining buildings of which both carbon dioxide emissions and primaryfinal energy consumption areis low or equal to zero. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 120 #
2008/0223(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Since tThe objectives of enhancing the energy performance of buildings cannot be sufficiently achieved by the Member States due to the complexity of the buildings sector, and the inability of the national housing markets to adequately address the challenges of energy efficiency, and can by the reason of the scale and the effects of the action be better achieved at Community level, the Community mapported by measures at Community level, particularly by harmonising certain provisions, and the Community may accordingly adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principles of proportionality, as set out in that Article, this Directive doesshould not go beyond what is necessary in order to achieve those objectives.
Amendment 133 #
2008/0223(COD)
Proposal for a directive
Article 1 – point d
Article 1 – point d
(d) national plans for increasing the number of buildings of which both carbon dioxide emissions and primary energyfinal consumption areis low or equal to zero,
Amendment 134 #
2008/0223(COD)
Proposal for a directive
Article 1 – point f
Article 1 – point f
(f) regular inspection of heating and air- conditioning systems in buildings ,and a check of the complete heating system if its boilers are more than 15 years old.
Amendment 148 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 3
Article 2 – point 3
(3) "energy performance of a building" means the calculated or meaactually consurmed amount of energy needed to meet the energy demand associated with a typical use of the building, which includes inter alia energy used for heating, hot water, cooling, ventilation and lighting, built-in lighting systems, sun shading and passive solar gains; it shall be expressed in kWh/m² per year;
Amendment 154 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
(4) "primary energy": means renewable and non- renewable energy which has not undergone any conversion or transformation process ;
Amendment 173 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 8
Article 2 – point 8
(8) "energy performance certificate " means a certificate recognised by the Member State or a legal person designated by it, which indicates the energy performance of a building or parts thereof, calculatestablished according to a methodology adopted in accordance with Article 3;
Amendment 175 #
2008/0223(COD)
Proposal for a directive
Article 2 – point 10
Article 2 – point 10
(10) "cost-optimal level" means the lowest level of costs during the life-cycle of a buildingspan of energy-saving measures, which areis determined taking into account investment costs, maintenance and operating costs (including energy costs), earnings from energy produced, where applicable, and disposal costs, where applicable, and in the case of rented buildings the actual rental income;
Amendment 199 #
2008/0223(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
This methodology shall be adopted at national or regional levelbased on a European standard to be developed in future.
Amendment 235 #
2008/0223(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 252 #
2008/0223(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
1. The CommissionMember States shall establish by 31 December 2010 a comparative methodology for calculating cost-optimal levels of minimum energy performance requirements for buildings or parts thereof. The comparative methodology shall differentiate between new and existing buildings and between different categories of buildings and between buildings used by their owner and rented buildings.
Amendment 260 #
2008/0223(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Member States shall calculate cost- optimal levels of minimum energy performance requirements using the comparative methodology established in accordance with paragraph 1 and relevant parameternational or regional parameters jointly agreed by two or more Member States, such as climatic conditions, and compare the results of this calculation to the minimum energy performance requirements which they have laid down.
Amendment 304 #
2008/0223(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
1. Member States shall set minimum energy performance requirements in respect of technical building systems which are installed and brought into operation in buildings. Requirements shall be set for new, replacement and retrofit of operating equipment, technical building systems and parts thereof.
Amendment 310 #
Amendment 315 #
2008/0223(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The minimum energy performance requirements set in accordance with paragraph 1 shall be consistent with the legislation applicable to the product(s) which compose the system, in particular the provisions deriving from Directive 2009/.../EC of the European Parliament and of the Council [establishing a framework for the setting of eco-design requirements for energy-using products], and be based on proper installation of the product(s) and appropriate adjustment and control of the technical building system. In particular, those requirements shall ensure that technical equipment is properly adjusted when brought into service, that a proper hydraulic balance of hydraulic wet heating systems is achieved and that the appropriate size and type of the product(s) have been used for the installation having regard to the intended use of the technical building system.
Amendment 325 #
2008/0223(COD)
Proposal for a directive
Article 9 – title
Article 9 – title
Buildings of which both carbon dioxide emissions and primaryfinal energy consumption areis low or equal to zero
Amendment 327 #
2008/0223(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall draw up national plans for increasing the number of buildings of which both carbon dioxide emissions and primaryfinal energy consumption areis 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. SeparateSeparate, non-binding targets shall be set for: (a) new and refurbished 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.
Amendment 336 #
2008/0223(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
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 primaryfinal energy consumption areis 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; (c) information on the measures undertaken for the promotion of those buildings.
Amendment 345 #
2008/0223(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 348 #
2008/0223(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. The Commission shall establish common principles for defining buildings of which both carbon dioxide emissions and primaryfinal energy consumption areis low or equal to zero.
Amendment 351 #
2008/0223(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. 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 primaryfinal energy consumption areis low or equal to zero. On the basis of this report the Commission shall develop a strategy, and, if necessary, propose measures to increase the number of those buildings.
Amendment 360 #
2008/0223(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Elimination of market barriers 1. Member States shall draw up national plans on the elimination of barriers in their national law governing the construction sector, tenancy and the protection of monuments and on the creation of financial incentives for investments to improve the energy performance of new and existing buildings. 2. Member States shall notify the Commission of the plans referred to in paragraph 1 by 30 June 2011 at the latest and shall report to the Commission every three years on the progress made in implementing their national plans. The national plans and progress reports may be annexed to the energy efficiency action plans drawn up pursuant to Article 14(2) of Directive 2006/32/EC.
Amendment 369 #
2008/0223(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide transparent informdications as to their cost-effectiveness. The evaluation of cost-effectiveness shall be based on a set of standard conditions, such as on the assessment of energy savings and underlying energy prices and interest rates for investments necessary to implement the recommendations.
Amendment 387 #
2008/0223(COD)
Proposal for a directive
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7a. As a matter of principle, each Member State shall recognise certificates awarded by other Member States in accordance with the guidelines.
Amendment 394 #
2008/0223(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall require that, when buildings or parts thereof are offered for rent, the numeric energy performance indicator of the energy performance certificate is stated in all advertisements for rent of the building or parts thereof, and that the energy performance certificate is shown to the prospective tenant. TA copy of the energy performance certificate shall be handed over by the owner to the tenant at the moment of conclusion of the lease at the latest.
Amendment 395 #
2008/0223(COD)
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. The objective of the energy performance certificates shall be limited to the provision of information, and any effects of these certificates in terms of legal proceedings shall be decided in accordance with national rules.
Amendment 405 #
2008/0223(COD)
Proposal for a directive
Article 14 – paragraph 1
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 the sizing compared to the cooling requirements of the building.
Amendment 416 #
2008/0223(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The recommendations referred to in point (b) shall be specific to the system and shall provide transparent informdications as to their cost-effectiveness. The evaluation of cost- effectiveness shall be based on a set of standard conditions, such as on the assessment of energy savings and underlying energy prices and interest rates for investments.
Amendment 417 #
2008/0223(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The inspection report shall be handed over by the inspector to the owner or tenant of the buildingf the system. Where there is a community of owners, it shall be handed over to all the owners.
Amendment 420 #
2008/0223(COD)
Proposal for a directive
Article 16
Article 16
Member States shall ensure that the energy performance certification of buildings the inspection of heating systems and air- conditioning systems are carried out in an independent manner by qualified and accredited experts, whether operating as self-employed or employed by public bodies or private enterprises bodies. Experts shall be accredited taking into account their competence and their independence.
Amendment 427 #
2008/0223(COD)
Proposal for a directive
Article 17
Article 17
Amendment 431 #
2008/0223(COD)
Proposal for a directive
Article 18 – point a
Article 18 – point a
(a) methodologies to rate the energy performance of buildings on the basis of primaryfinal energy use and carbon dioxide emissconsumptions;
Amendment 454 #
2008/0223(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
2. The energy performance of a building shall be expressed in a transparent manner and shall also include a numeric indicator of carbon dioxide emissions and primary energy usefinal energy consumption. The methodology of calculation of energy performance of buildings should tmake into accountuse of European standards.
Amendment 461 #
2008/0223(COD)
Proposal for a directive
Annex I – point 3 – point a
Annex I – point 3 – point a
(a) the following actugeneral thermal characteristics of the building including its internal partitions
Amendment 476 #
Amendment 48 #
2008/0222(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 53 #
2008/0222(COD)
Proposal for a directive
Recital 10
Recital 10
(10) When laying downIn connection with public procurement provisions in implementing measures under this Directive, proportionate threcedures the contracting authority shoulds in terms of value and volume of public procurement should be set, taking into account the administrative burden and enforceability of procurement rules for the Member States be required to acquire energy-efficient products since they lead to medium-term savings in public expenditure;
Amendment 66 #
2008/0222(COD)
Proposal for a directive
Article 1 – paragraph 3 – point c a (new)
Article 1 – paragraph 3 – point c a (new)
(ca) Products intended for commercial users with a high degree of expert knowledge and/or manufactured by small, specialised undertakings.
Amendment 77 #
2008/0222(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 95 #
2008/0222(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Contracting authorities which conclude public supply, works or services contracts as referred to in Directive 2004/18/EC of the European Parliament and of the Council, which are not excluded by virtue of Articles 12 to 18 of that Directive, shall not procure products which do not meet themust in seeking the most economically advantageous tender under Article 53 of the directive, take into account minimum performance levels laid down in the applicable implementing measure.
Amendment 99 #
2008/0222(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall not provide incentives to products which do not meettake account of the minimum performance levels laid down in the applicable implementing measure in respect of incentives to products.
Amendment 108 #
2008/0222(COD)
Proposal for a directive
Article 11 – paragraph 4 – point g
Article 11 – paragraph 4 – point g
Amendment 109 #
2008/0222(COD)
Proposal for a directive
Article 11 – paragraph 4 – point h
Article 11 – paragraph 4 – point h
Amendment 110 #
2008/0222(COD)
Proposal for a directive
Article 11 – paragraph 4 – point i
Article 11 – paragraph 4 – point i
Amendment 23 #
2008/0221(COD)
Proposal for a directive
Title
Title
Proposal for a directive of the European Parliament and of the Council on labelling of tyres with respect to wet grip, fuel efficiency and other essential parameterrolling noise levels
Amendment 25 #
2008/0221(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Tyres are characterised by a number of parameters which are interrelated. Improving one parameter such as rolling resistance may have an adverse impact on other parameters such as wet grip, while improving wet grip may have an adverse impact on external rolling noise. Tyre manufacturers should be encouraged to optimise all parameters, without undercutting safety standards which have already been achieved.
Amendment 28 #
2008/0221(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Other tyre parameters, such as aquaplaning or handling in curves, also affect road safety. However, at this stage, harmonised testing methods are not yet available in respect of such parameters. Therefore, it is appropriate to provide for the possibility, at a later stage and if necessary, of laying down provisions on harmonised information to end-users about such tyre parametersAccordingly, no rules on these parameters should be enacted at the present time.
Amendment 40 #
2008/0221(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In particular, power should be conferred on the Commission to introduce requirements with respect to wet gripthe grading of C2 and C3 tyre classes, to introduce requirements with respect to essential tyre parameters other than as regards fuel efficiency, wet grip and external rolling noise and to adapt the Annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by supplementing it, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 41 #
2008/0221(COD)
Proposal for a directive
Article 1
Article 1
The aim of this Directive is to increase the fuel-efficiency of road transport by promoting fuel-efficient tyres. This Directive establishes a framework for the provision of information on tyre parameters through labellingte a framework for the provision of information on tyre parameters by means of a labelling system permitting consumers to make their tyre selection in a transparent manner.
Amendment 101 #
2008/0221(COD)
Proposal for a directive
Article 6
Article 6
Amendment 112 #
2008/0221(COD)
Proposal for a directive
Article 8
Article 8
Amendment 136 #
2008/0221(COD)
Proposal for a directive
Annex II – point 1.1 – label
Annex II – point 1.1 – label
Fuel efficiency on the lefright, performance in wet conditions on the righleft, noise indication in dB (A)the form of a scale (letter only, large bold capital) followed by (XY dB) in brackets.
Amendment 21 #
2008/0220(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) The increasing concentration of production, dwindling conventional oil reserves and growing worldwide consumption of petroleum products are all contributing to an increased risk of supply difficultiesruptions.
Amendment 22 #
2008/0220(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Alongside measures to create a favourable climate of investment for the purpose of prospecting for, and tapping into, oil reserves inside and outside the European Union, which is vital to ensure long-term oil supplies, building up oil reserves is a proven means of compensating for short-term supply disruption.
Amendment 23 #
2008/0220(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) Indigenous production of oil can in itself contribute to security of supply and could therefore provide justification for oil- producing Member States to hold lower stocks than other Member States. A derogation of that kind cannot, however, result in stockholding obligations that differ substantially from those that apply under Directive 2006/67/EC. It therefore follows that the stockholding obligation for certainthe Member States should be set on the basis of inland oil consumption and not on the basis of imports.
Amendment 24 #
2008/0220(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) The Presidency Conclusions of the Brussels European Council of 8 and 9 March 2007 show that it is becoming increasingly vital and pressing for the Community to put in place an integrated energy policy, combining action at European and Member State level. It is therefore essential to ensure greater convergencecompatibility between the different stockholding mechanisms in place in the various Member States.
Amendment 25 #
2008/0220(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) The availability of oil stocks and the safeguarding of energy supply are essential elements of public security for Member States and for the Community. The existence of central stockholding entities or services in the Community brings those goals closer. Where oil stocks may be held in any location across the Community and by any central entity or service set up for that purpose, prohibiting their use for commercial purposes is sufficient to allow the various Member States concerned to make optimum use of national law to define the terms of reference for their central stockholding entities while easing the financial burden placed on final consumers as a result of such stockholding activities.
Amendment 27 #
2008/0220(CNS)
Proposal for a directive
Recital 9
Recital 9
Amendment 28 #
2008/0220(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) In view of what is required in connection with setting up emergency policies, convergence amongensuring compatibility between national stockholding mechanisms and the need to ensure a better overview of stock levels, particularly in the event of a crisis, Member States and the Community must have the means for reinforced control of those stocks.
Amendment 29 #
2008/0220(CNS)
Proposal for a directive
Recital 13
Recital 13
Amendment 30 #
2008/0220(CNS)
Proposal for a directive
Recital 14
Recital 14
(14) To help enhance security of supply in the Community, the stocks, known as ‘dedicated stocks’, purchased by the Member States or the central entities and constituted on the basis of decisions taken by the Member States should correspond to actual needs in the event of a crisisavailable stocks should, in accordance with this Directive, be sufficient to cover demand at least for the specified period. They should also have separate legal status to ensure full availability should such a crisis occur. To that end, the Member States concerned should ensure that appropriate steps are taken to protect those stocks unconditionally against all enforcement measures.
Amendment 31 #
2008/0220(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) The frequency with which stock summaries are drawn up and the deadline for their submission, as laid down by Directive 2006/67/EC, seem to be out of step with the various oil stock systems that have been set up in other parts of the world. In a resolution on the macroeconomic impact of the increase in the price of energy, the European Parliament voiced its support for more frequent reporting. At the same time it is necessary to ensure that the data are accurate and do not require weekly or monthly correction, as is still frequently the case in the European Union.
Amendment 32 #
2008/0220(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) With the same objectives in mind, the preparation and submission of statistical summaries should also be extended to stocks other than emergency stocks and dedicated stocks, with those summaries to be submitted on a weekly basis, in so far as it can be guaranteed that only minimal adjustments will be necessary subsequently.
Amendment 35 #
2008/0220(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) As there may be errors or discrepancies in the summaries submitted to the Commission, the Commission’s employees or authorised agents should be able, in case of justified suspicion, be able, together with the designated Member State monitoring authorities, to verify the existence of the stocks and the documents used by the authorities of the Member States.
Amendment 53 #
2008/0220(CNS)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Member States shall also send the Commission a copy of the register within eight10 days of a request by the Commission. Such requests may be made no later than 10three years after the date to which the requested data relate.
Amendment 57 #
2008/0220(CNS)
Proposal for a directive
Article 15
Article 15
1. Member States shall send the Commission a weekmonthly statistical summary of the levels of commercial stocks held within their national territory. When doing so, they shall ensure that sensitive data are protected and shall abstain from mentioning the names of the owners of the stocks concerned. 2. Using aggregate levels, the Commission shall publish a weekmonthly statistical summary of the commercial stocks in the Community on the basis of the summaries submitted by the Member States. 3. The Commission shall establish rules for the implementation of paragraphs 1 and 2 in accordance with the regulatory procedure referred to in Article 24(2). 3a. If a thorough examination of the feasibility and effectiveness of weekly statistical summaries shows that they offer distinct advantages in terms of market transparency and that no major subsequent corrections are necessary to the data thus obtained, the Commission may, under the procedure set out in Article 24(2), require a weekly instead of a monthly statistical summary.
Amendment 62 #
2008/0220(CNS)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission may at any timeif there are justified grounds for suspicion decide to carry out checks on emergency stocks and dedicated stocks in the Member States. The Commission may ask the Coordination Group for advice when preparing those checks.
Amendment 64 #
2008/0220(CNS)
Proposal for a directive
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Member States shall take the necessary measures to ensure that all data, records, summaries and documents relating to emergency stocks and dedicated stocks are kept for a period of at least 10three years.
Amendment 67 #
2008/0220(CNS)
Proposal for a directive
Article 21 – paragraph 4 – subparagraph 1
Article 21 – paragraph 4 – subparagraph 1
4. In the event of difficulties arising in the supply of crude oil or petroleum products to the Community or to a Member State, the Commission shall call a meeting of the Coordination Group as soon as possible, either at the request of a Member State or on its own initiative. The Coordination Group shall examine the situation, and the Commission shall determine whether a major supply disruption has occurred.
Amendment 72 #
2008/0220(CNS)
Proposal for a directive
Article 21 – paragraph 5
Article 21 – paragraph 5
5. In the event of an effective international decision to release stocks, the Commission shall have the right to require Member States to release some or all of their emergency stocks and dedicated stocks. That right may be exercised only after a meeting of the Coordination Group has been held with that item on its agenda and a decision taken accordingly with the necessary majority.
Amendment 19 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) Regulatory setting of retail price limits has not led to significant price competition in the past. In view of experience and of the retail prices, which have levelled off at just below the retail price limits, retail price regulation should be suspended until 30 June 2009 and the focus should be on effective wholesale regulation.
Amendment 20 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) The expiry in June 2010 of the regulatory safeguards which apply to intra-Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of Regulation (EC) No 717/2007. Regulation (EC) No 717/2007 should therefore be extended beyond 30 June 2010 for a further period of three yearsuntil 31 December 2011 in order to ensure the smooth functioning of the internal market by guaranteeing that consumers continue to benefit from the assurance that they will not be charged an excessive price when making or receiving a regulated roaming call while at the same time providing sufficient time for competition to develop.
Amendment 30 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 18
Recital 18
Amendment 32 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 21
Recital 21
(21) Regulatory obligations should therefore be imposed with regard to regulated roaming SMS services at wholesale level, in order to establish a more reasonable relationship between wholesale charges and the underlying costs of provision, and at retail level to protect the interests of roaming customers.
Amendment 33 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 25
Recital 25
Amendment 36 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 26
Recital 26
(26) This regulatory approach should ensure that retail charges for regulated roaming SMS messages provide a more reasonable reflection of the underlying costs involved in the provision of the service than has been the case. The maximum Euro-roaming SMS tariff that may be offered to roaming customers should therefore reflect a reasonable margin over the costs of providing a regulated roaming SMS service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. This regulatory approach should not apply to value-added SMS services.
Amendment 38 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 28
Recital 28
Amendment 58 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point g
Article 1 – point 3 – point g
Regulation (EC) No 717/2007
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 66 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 717/2007
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This average wholesale charge shall apply between any pair of operators and shall be calculated over a twelve month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.23, EUR 0.20 and EUR 0.17 on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectivelyto 1.5 times the operator-specific termination charges on 1 July 2009.
Amendment 76 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 717/2007
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 88 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 717/2007
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0.048 per SMS message.
Amendment 92 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 717/2007
Article 4 b
Article 4 b
Amendment 103 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 3 –subparagraph 1
Article 6 – paragraph 3 –subparagraph 1
3. Home providers shall provide all users with full information on applicable roaming charges, in particular on the Eurotariff and the Euro-SMS tariff, when subscriptions are taken outon SMS and data roaming tariffs. They shall also provide their roaming customers with updates on applicable roaming charges without undue delay each time there is a change in these charges.
Amendment 104 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 3 –subparagraph 2
Article 6 – paragraph 3 –subparagraph 2
Home providers shall take the necessary steps to secure awareness by all their roaming customers of the availability of the Eurotariff and the Euro-SMS tariff. They shall in particular communicate to all roaming customers by 30 July 2007 the conditions relating to the Eurotariff and by 1 June 2009 the conditions relating to the Euro-SMS tariff, in each case in a clear and unbiased manner. They shall send a reminder at reasonable intervals thereafter to all customers who have opted for another tariff.
Amendment 137 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2
Article 6a – paragraph 3 – subparagraph 2
When this Cut-Off Limit is reached, the home provider shall immediatelye home provider receives notification that this Cut-Off Limit has been reached and the customer is informed of the fact, the home provider shall, following a declaration of consent by the customer, cease to provide the roaming customer with regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services. This declaration of consent shall be free of charge for the customer.
Amendment 182 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 717/2007
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall, after a full public consultation, review the functioning of this Regulation and report to the European Parliament and the Council no later than 31 December 20110. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In its report the Commission shall review developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS, and shall, if appropriate, include recommendations regarding the need further to regulate these services. For this purpose the Commission may use the information supplied pursuant to Article 7(3).
Amendment 190 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 717/2007
Article 13 - subparagraph 2
Article 13 - subparagraph 2
16. In the second paragraph of Article 13, ‘30 June 2010’ is replaced by ‘31 December 20131’.
Amendment 23 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
(11) A first accompanying transitional measure should be that phonogram producers are under an obligation to set aside, at least once a year, at least 20 percent of the net revenues from the exclusive rights of distribution, reproduction and making available of phonograms which, in the absence of the extension of the term of protection as a result of lawful publication or lawful communication, would be in the public domain.
Amendment 27 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) A second accompanying transitional measure should be that the rights in the fixation of the performance should revert to the performer if a phonogram producer refrains fromno longer offerings for sale in sufficient quantity copies of at least one version of a phonogram which, but for the term extension, would be in the public domain or from makingmakes at least one version of such a phonogram available to the public, the performer may request that producer to do so, and if the producer does not within a reasonable time agree to fulfil this request, the performer may terminate the assignment of the rights in the fixation of that performance. As a consequence, the rights of the phonogram producer in theat phonogram should expire, in order to avoid a situation in which these rights would coexist with those of the performer in the fixation of the performance whilst the latter rights are no longer transferred or assigned to the phonogram producer.
Amendment 28 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 17 a (new)
Recital 17 a (new)
(17a) The accompanying transitional measures should include a provision to the effect that it should be mandatory for the rights of performers and phonogram producers concerning on-demand services by broadcasters relating to radio or television productions containing music from lawfully produced phonograms to be administered by collecting societies; this system of exercising rights on a collective basis should complement the remuneration regime for the broadcasting of lawfully published phonograms under Article 8(2) of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property1 while also ensuring that, throughout the full term of protection of lawfully published phonograms, the relevant performers and phonogram producers receive a fair share of the remuneration for the on-demand use of broadcast productions.------------------- --- 1 OJ L 376 of 27.12.2006, p. 28.
Amendment 41 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 1
Article 10a – paragraph 4 – subparagraph 1
4. The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the net revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year.
Amendment 42 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 2
Article 10a – paragraph 4 – subparagraph 2
Member States may provide that a phonogram producer whose total annual revenue, during the year preceding that for which the said remuneration is paid, does not exceed a minimum threshold of € 2 million, and who does not distribute his phonograms through societies exceeding this annual revenue threshold, shall not be obliged to dedicate at least 20 percent of the revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year.
Amendment 45 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
Article 10a – paragraph 5 a (new)
Amendment 46 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before the amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases tono longer offers copies of at least one version of the phonogram for sale in sufficient quantity or to make its available to the public, by wire or wireless means, at least one version of the phonogram, in such a way that members of the public may access ithem from a place antd at a time individually chosen by them, the performer may terminate the contract on transfer or assignmentrequest the producer to do so, and if the producer does not within a reasonable time agree to this request , the performer may terminate the assignment of rights in that phonogram. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 orand 2, the rights of the phonogram producer in theat phonogram shall expire.
Amendment 16 #
2008/0151(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The disparities between the laws or administrative measures adopted by the Member States in relation to the ecodesign of energy related products can create barriers to trade and distort competition in the Community and may thus have a direct impact on the establishment and functioning of the internal market. The harmonisation of national laws is the only means to prevent such barriers to trade and unfair competition. The extension of the scope to all energy related products ensures that ecodesign requirements for all significant energy related products can be harmonised at Community level. The Commission working plan shall only include products that have a significant impact on energy consumption.
Amendment 28 #
2008/0151(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Commission shouldall, on the basis of the experience from applying the Directive, review its operation and effectiveness and assess the appropriateness of extending its scope beyond energy related productcompile a report to review and assess its operation and effectiveness. Within the review the Commission should consult Member States' representatives as well as concerned interested parties.
Amendment 30 #
2008/0151(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a framework for the setting of Community ecodesign requirements for high-energy related-use products with the aim of ensuring the free movement of those products within the internal market.
Amendment 34 #
2008/0151(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. ‘Energy related product’, hereinafter referred to as '‘product'’, means any good having an significant impact on energy consumption during use which is placed on the market and/or put into service in the European Union, including parts intended to be incorporated into energy related products covered by this Directive which are placed on the market and/or put into service as individual parts for end-users and of which the environmental performance can be assessed independently; Or. de (in DE-COM document (auto-cleaned version) Art 2 para 1 is missing)
Amendment 41 #
2008/0151(COD)
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) consider the life cycle of the product and all its significant environmental aspects, inter alia, energy efficiencyright through from production to use and disposal, making use of scientific data. The depth of analysis of the environmental aspects and of the feasibility of their improvement shall be proportionate to their significance. The adoption of ecodesign requirements on the significant environmental aspects of a product shall not be unduly delayed by uncertainties regarding the other aspects.
Amendment 47 #
2008/0151(COD)
Proposal for a directive
Article 21
Article 21
Not later than 2012 the Commission shall review the appropriateness of extending the scope of the Directive to non energy related products, the effectiveness of this Directive and of its implementing measures, the threshold for implementing measures, market surveillance mechanisms and any relevant self-regulation stimulated, after consultation of the Consultation Forum referred to in Article 18, and, as appropriate, present proposals to the European Parliament and the Council for amending this Directive.
Amendment 23 #
2008/0127(COD)
Proposal for a regulation – amending act
Recital 12
Recital 12
Amendment 24 #
2008/0127(COD)
Proposal for a regulation – amending act
Recital 22
Recital 22
(22) Adequate measures should be introduced to improve the effectiveness of air traffic flow management in order to assist existing operational units, including the Eurocontrol Central Flow Management Unit, to ensure efficient flight operations. Furthermore, the Commission communication on an action plan for airport capacity, efficiency and safety in Europe highlights the need to ensure consistency between flight plans and airport slots.
Amendment 25 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – Point 6
Article 1 – Point 6
Regulation (EC) No 549/2004
Article 8 – paragraph 1
Article 8 – paragraph 1
1. TAfter consulting the Industry Consultation Body, the Commission shall adopt implementing rules where expressly provided in this Regulation or in the Regulations referred to in Article 3, or where it is otherwise necessary in order to achieve the objectives of those Regulations.
Amendment 26 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – Point 6
Article 1 – Point 6
Regulation (EC) No 549/2004
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For the development of implementing rules the Commission may issue mandates to Eurocontrola reformed Eurocontrol or another competent and independent institution setting out the tasks to be performed and the timetable for this. In this connection, it shall endeavour to make best use of the arrangements of Eurocontrol for the involvement and consultation of all interested parties, where these arrangements correspond to Commission practices on transparency and consultation procedures and do not conflict with its institutional obligations. The Commission shall act in accordance with the procedure referred to in Article 5(2).
Amendment 27 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – Point 8
Article 1 – Point 8
Regulation (EC) No 549/2004
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Without prejudice to the role of the Committee, the Commission may designate Eurocontrol or another competent public entity to act as a 'performance review body'. The role of the performance review body shall be to assist the Commission in the implementation of the performance scheme referred to in paragraph 1. The Commission shall ensure that the performance review body acts independently when carrying out the tasks entrusted to it by the Commission, that the different conditions under which the individual aviation safety organisations perform are adequately taken into account and that staff with the relevant expertise are appointed to the review body. This concerns particularly the possession of adequate expertise concerning operational procedures. However, final decision-taking and monitoring powers shall always remain with the national supervisory authorities or the Commission.
Amendment 29 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Regulation (EC) No 550/2004
Article 8 – paragraph 1
Article 8 – paragraph 1
'1. Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate an air traffic service provider holding a valid certificate in the Community. A Member State shall not refuse to designate an air traffic service provider on the grounds that its national legal system requires that air traffic service providers providing services in airspace under the responsibility of that Member State: (a) be owned directly or through a majority holding by that Member State or its nationals, or (b) have their principal place of operation or registered office in the territory of that Member State, or (c) use only facilities in that Member State.'
Amendment 31 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 9 – point c
Article 2 – point 9 – point c
Regulation (EC) No 550/2004
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 33 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 3 – point 6
Article 3 – point 6
Regulation (EC) No 551/2004
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission may, under its own control and responsibility, entrust to Eurocontrolbearing in mind the most appropriate performance objectively and geographically, in accordance with the subsidiarity principle, entrust to a reformed Eurocontrol or another organisation, for instance an industrial consortium, tasks relating to the execution of the above functions, which do not involve the adoption of binding measures of a general scope or the exercise of political discretion. These tasks shall be executed in an impartial and cost-effective manner; taking into consideration the needs of the whole ATM network and with the full involvement of the airspace users and air navigation service providers. In constructing the network management function, the Commission shall ensure the principle of a division between regulation and operational tasks. To this end a precise differentiation and classification of each individual function at each level (European Union, regional/functional airspace blocks, national) and the attendant responsibilities shall be carried out. Functions with a European dimension classified as 'operational’ shall always be performed under the guidance of the industrial partners, while the latter shall be consulted in the case of 'regulatory' functions.
Amendment 34 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 3 – point 7
Article 3 – point 7
Regulation (EC) No 551/2004
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 143 #
2008/0016(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The main purpose of binding targets is to provide certainty for investors. Deferring a decision about whether a target is binding until a future event takes place is thus not appropriate. In a statement to the minutes of the Council of 15 February 2007, the Commission therefore stated that it did not consider that the binding nature of the target should be deferred until second generation biofuels became commercially available. However, the current debate on the competition between crops for biofuels and crops for food production suggests that the binding nature of targets in the case of biofuels should be regularly examined. Comprehensive and stringent sustainability requirements and the rapid introduction of second-generation biofuels should therefore form a central plank of European policy.
Amendment 154 #
2008/0016(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States' starting points, renewable energy potentials and energy mixes vary. It is therefore necessary to translate the overall 20% target into individual targets for each Member State, with due regard to a fair and adequate allocation taking account of different national starting points and potentials, including the existing level of renewable energies and energy mix. It is appropriate to do this by sharing the required total increase in the use of energy from renewable sources between Member States on the basis of an equal increase in each Member State's share weighted by their Gross Domestic Product, modulated to reflect national starting points, and by accounting in terms of finalprimary energy consumption. Such accounting must give due consideration to efforts already made.
Amendment 182 #
2008/0016(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 214 #
2008/0016(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To create opportunities for reducing the cost of achieving the targets laid down in this Directive, it is appropriate both to facilitate the consumption in Member States of energy produced from renewable sources in other Member States, and also to enable Member States to count electricity, heating and cooling consumed in other Member States towards their own national targets. For this reason, harmonised provisions for the design and transfer of guarantees of origin in these sectors should be adopted. Similarly, the system of guarantees of origin should also apply to biofuels and other bioliquids which provides for greater flexibility and reduced cost in meeting the biofuels objectives. Harmonised provisions for a separate tradable credit system for biofuels and other bioliquids should therefore also be adopted.
Amendment 233 #
2008/0016(COD)
Proposal for a directive
Recital 26
Recital 26
(26) At national and regional level, rules and obligations for minimum requirements of renewable energy use in new and refurbished buildings have led to considerable increases in renewable energy use. These measures should be encouraged in a wider European context, while promoting more energy- efficient renewable energy applications in building codes and regulations.
Amendment 243 #
2008/0016(COD)
Proposal for a directive
Recital 28
Recital 28
(28) A coordinated approach is needed to develop training and appropriate certification should be made available to small scale renewable energy equipment installers in order to avoid market distortions and to ensure high quality products and service provision for consumers. National certification schemes should be mutually recognised by Member States and should therefore be based on minimum harmonised principles, taking into account European technology standards, and existing training and qualification regimes for renewable energy equipment installers. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications should continue to apply to issues not governed by this Directive, such as the recognition of professional qualifications of installers notgovern the recognition of professional qualifications for regulated professions. In so far as entering or exercising the profession of installer is regulated, the preconditions for recognition of professional qualifications are laid down in Directive 2005/36/EC; these preconditions should also apply to installers certified in onea Member State.
Amendment 254 #
2008/0016(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In certain circumstances it is not possible to fully ensure transmission and distribution of electricity produced from renewable energy sources without affecting the reliability and safety of the grid system. In these circumstances it may be appropriate for financial compensation to be given to those producersshould be possible to require the network operator to consider increasing network capacity.
Amendment 272 #
2008/0016(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to prevent unnecessary burdensome research by economic operatobiofuels providers and in order to prevent conversion of high- carbon-stock land that in hindsight would prove to be not eligible for producing raw materials for biofuels and other bioliquids, those types of land whose carbon stock loss upon conversion could not, within a reasonable period taking into account the urgency of tackling climate change, be compensated by the greenhouse gas savings of producing biofuels and other bioliquids, should not be converted for the production of biofuels and other bioliquids. Inventories of worldwide carbon stocks lead to the conclusion that wetlands and continuously forested areas should be included in this category.
Amendment 283 #
2008/0016(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 305 #
2008/0016(COD)
Proposal for a directive
Recital 50
Recital 50
(50) RA regular reportingand unbureaucratic reporting requirement is needed to ensure a continuing focus on progress in the development of renewable energy at national and Community level.
Amendment 308 #
2008/0016(COD)
Proposal for a directive
Recital 52
Recital 52
(52) When designing their support systems, Member States may, for a limited period, encourage the use of or investments in 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 – 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 competitiveallocated on the basis of documented inherent greenhouse gas emission reduction capabilities. This would allow the development of better performing biofuel production chains.
Amendment 378 #
2008/0016(COD)
Proposal for a directive
Article 2 – point i a (new)
Article 2 – point i a (new)
(ia) “Biofuel tradable credit” means an electronic document which has the function of providing proof that a given quantity of biofuel in energy terms, meeting the relevant sustainability criteria in Article 15 was supplied for consumption as a transport fuel in an EU Community Market.
Amendment 382 #
2008/0016(COD)
Proposal for a directive
Article 2 – point i b (new)
Article 2 – point i b (new)
(ib) “fuel supplier” means the legal entity that delivers the road transport fuels to the consumer market, generally at the duty point.
Amendment 383 #
2008/0016(COD)
Proposal for a directive
Article 2 – point i c (new)
Article 2 – point i c (new)
(ic) “biofuel provider” means the legal entity that either produces the biofuel within the European Union or outside the European Union for export to the European Union.
Amendment 384 #
2008/0016(COD)
Proposal for a directive
Article 2 – point i d (new)
Article 2 – point i d (new)
(id) “mass balance” means the method by which it can be shown that the consignment of raw material or biofuel in question was withdrawn from a physical pool into which the raw material or biofuel whose sustainability characteristics are described in associated documentation had previously been added and that the withdrawn quantity of raw material or biofuel with which this documentation is associated does not exceed the added quantity.
Amendment 385 #
2008/0016(COD)
Proposal for a directive
Article 2 – point i e (new)
Article 2 – point i e (new)
(ie) “book and claim” means the method by which it can be shown that a quantity of raw material or biofuel equal to the quantity in the consignment in question, and having the sustainability characteristics described in associated documentation, has been produced somewhere in the world; and that this documentation has not been and will not be associated with any other consignment of biofuel for the purpose of sustainability verification.
Amendment 392 #
2008/0016(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 400 #
2008/0016(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Each Member State shall ensure that the share of energy from renewable sources in road transport in 2020 is at least 10% of final consumption of energy in transportn energy basis in that Member State.
Amendment 415 #
2008/0016(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Member States shall take precautionary steps to ensure that global competitiveness, particularly that of energy-intensive industries, is not permanently affected by the expansion of renewable energies.
Amendment 440 #
2008/0016(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 455 #
2008/0016(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 518 #
2008/0016(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 523 #
2008/0016(COD)
Proposal for a directive
Article 7
Article 7
Competent Bodies and Registers of Competent Bodies and Registers of Guarantee of Origin Guarantee of Origin and Biofuel Tradable Credits 1. Each Member State shall designate a single competent body to undertake the following tasks: (a) establish and maintain a national register ofs for guarantees of origin and biofuel tradable credits; (b) issue guarantees of origin, and biofuel tradable credits; (c) record any transfer of guarantees of origin, and biofuel tradable credits; (d) cancel guarantees of origin, and biofuel tradable credits; (e) publish an annual report on the quantities of guarantees of origin issued, transferred to or from each of the other competent bodies and cancelled, and similarly for biofuel tradable credits. 2. The competent body shall not carry out any energy generation, trade, supply, distribution activities, biofuel production, and transport fuel trade, supply or distribution activities. The national registers of guarantees of origin and biofuel tradable credits shall record the guarantees of origin/biofuel tradable credits held by each person. A guarantee of origin/biofuel tradable credit shall only be held in one register at one time non-discriminatory criteria.
Amendment 572 #
2008/0016(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a 1. On receipt of a biofuel tradable credit for cancellation by its legal owner to a competent body designated in accordance with Article 7, Member States shall: (a) in the event that a biofuel receives support in the form of tax incentives, tax reductions, premium payments or payments resulting from calls for tenders, ensure that the biofuel tradable credit is submitted to the competent body designated by the Member State that established the system of support. (b) ensure that any associated financial support thus accruing is received by the persons submitting the biofuel tradable credit for cancellation. (c) in the event that an obligated supplier wishes to use a biofuel tradable credit for the purposes of complying with a Member State biofuel obligation, ensure that the biofuel tradable credit is submitted to the competent body designated by that Member State. 2. Biofuel tradable credits shall be valid for a period of 2 years after their date of issue.
Amendment 581 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States whose share of energy from renewable sources equalled or exceeded the indicative trajectory in Part B of Annex I in the immediately preceding two-year periodrequirements of their national action plan may request the competent bodies designated in accordance with Article 7 to transfer the guarantees of origin submitted for cancellation under Article 8(1) to another Member State. Such guarantees of origin shall immediately be cancelled by the competent body in the receiving Member State.
Amendment 584 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 590 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 605 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 612 #
2008/0016(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a 1. Biofuel tradable credits may be transferred between Member States provided they have been issued in relation to biofuel that has been supplied for consumption as a transport fuel in a Community market. 2. Member States shall ensure that an appropriate record of such transfers is held by the competent body, in accordance with Article 7..
Amendment 620 #
2008/0016(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Amendment 660 #
2008/0016(COD)
Proposal for a directive
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
4. In their building regulations and codes Member States shall require the use of minimum levels of energy from renewable sources in new or refurbished buildings. Any exemption from those minimum levels shall be transparent and based on criteria relating to:
Amendment 661 #
2008/0016(COD)
Proposal for a directive
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) the use of passive, low or zero energy buildings;, including houses that are connected to district heating or cooling networks that fulfil the criteria in the guidelines for environmental subsidies, or
Amendment 712 #
2008/0016(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall develop certensure that certification schemes or equivalent qualification schemes for installers of small-scale biomass boilers and stoves, solar photovoltaic and solar thermal systems and heat pumps. Those are available. The certification schemes shall be based on the criteria laid down in Annex IV. Each Member State shall recognise certification awarded by other Member States in accordance with these criteria; this shall not affect Directive 2005/36/EC.
Amendment 732 #
2008/0016(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Access to the electricity grid and system development
Amendment 736 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall take the necessary steps to develop grid infrastructure to accommodate the further development of electricity production from renewable energy sources, including interconnectors between Member States and system development. The Member States shall take appropriate measures to speed up authorisation procedures and to coordinate grid development with authorisation procedures for the installation of facilities to generate electricity from renewables.
Amendment 744 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the maintenance of the reliability and safety of the grid, Member States shall ensure that transmission system operators and distribution system operators in their territory guarantee the transmission and distribution of electricity produced from renewable energy sources. They shall also provide for priority access to the grid system of electricity produced from renewable energy sources. When dispatching electricity generating installations, transmission system operators shall give priority to generating installations using renewable energy sources insofar as the security of the national electricity system permits and from combined heat and power. Operators shall manage the way electricity is fed into the grid so as to allow it priority access, as long as security of supply of regional, national or cross-regional electricity systems is not endangered.
Amendment 768 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The sharing of costs referred in paragraph 3 shall be enforced by a mechanism based on objective, transparent and non-discriminatory criteria taking into account the benefits which initially and subsequently connected producers as well as transmission system operators and distribution system operators derive from the connections.
Amendment 790 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 1 – first sentence
Article 15 – paragraph 1 – first sentence
1. Biofuels and other bioliquids shall be taken into account for the purposes listed under letters (a), (b) and (c) below only if they fulfil the criteria set out in paragraphs 2a to 5:
Amendment 804 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2 a (new)
Article 15 – paragraph 2 – subparagraph 2 a (new)
The greenhouse gas emission savings shall be calculated according to the methodology prescribed by Article 17.
Amendment 806 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The use of land for the production of biofuels must not be allowed to compete with use the of land for the production of foods.
Amendment 820 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
The Commission shall establish the criteria and geographic ranges to determine which grassland shall be covered by point (c). Such a measure designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure wmandate the European standardization body CEN to propose pan-European criteria, indicators and methodologies that shall be used to determine what constitutes the status covered by point (a), (b) and (c) and how ith scrutiny referred to in Article 21(3)hould be established and verified.
Amendment 836 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 4 – subparagraph 2 a (new)
Article 15 – paragraph 4 – subparagraph 2 a (new)
The Commission shall mandate the European standardization body CEN to develop harmonised criteria and specifications that shall be used to determine what constitute the statuses covered by point (a) and (b) and how it should be established and verified.
Amendment 880 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where biofuels and other bioliquids are to be taken into account for the purposes referred to in Article 15(1), Member states shall require economic operatofuels suppliers to show that the environmental sustainability criteria set out in Article 15 have been fulfilled. For this purpose they shall require economic operators to use mass balance system providing the following: a) consignments of raw material or biofuels with differing sustainability characteristics can be mixed; b) information about the sustainability characteristics and sizes of the consignments referred to in point (a) remains assigned to the mixture; and c) it is ensured th for an equivalent quantity of biofuel. For this purpose they shall require fuels suppliers to surrender sustainability certificates either directly obtained from the biofuel providers from whom they have purchased the biofuels or purchased in a certificate the sum of all consignments withdrawn from the mixture is described as rading market, according to which of the two practical chaving the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixtur of custody methods (mass balance and/or book and claim) is in force.
Amendment 886 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall report to the European Parliament and the Council in 2010 and 2012 on the operation of the mass balance verification method described in paragraph 1 and on the potential to allow for other verification methods in relation to some or all types of raw material or biofuel. In its assessment the Commission shall consider those verification methods in which information about sustainability characteristics need not remain physically assigned to particular consignments or mixtures. The assessment shall take into account the need to maintain the integrity and effectiveness of the verification system while avoiding imposing an unreasonable burden on industry. The report shall be accompanied, where appropriate, by proposals on allowing other verification methods, to the European Parliament and the Counciland Book and Claim verification methods.
Amendment 890 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall require economic operatofuel suppliers to submit reliableverified information and to make available to the Member State, on request, the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information they submit, and to provideThe Commission shall adopt guidelines for biofuel providers to monitor and report envidence that this has been done. The auditing shall verify that the systems used by economic operatronmental sustainability data for the biofuels they provide, arrange fors aren accurate, reliable and fraud-resistant. It shall evaluate the frequency and methodology of sampling and the robustness of the dataredited auditor to verify the information they submit to fuel suppliers.
Amendment 904 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Decisions pursuant to paragraph 4 shall be adopted in accordance with the procedure referred to in Article 21(2), and based on recommendations by the European standardization body CEN that shall review the sustainability criteria and the verification process embedded in other national or international schemes. Such decisions shall be valid for a period of no more than 5 years.
Amendment 910 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 7
Article 16 – paragraph 7
7. When an economic operato biofuel provider proffers proof or data obtained in accordance with an agreement or scheme that has been the subject of a decision pursuant to paragraph 4, a Member State shall not require the supplier to providbiofuels provider to give further evidence of compliance with the corresponding environmental sustainability criterion.
Amendment 911 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 8
Article 16 – paragraph 8
Amendment 924 #
2008/0016(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 a (new)
Article 17 – paragraph 1 – subparagraph 1 a (new)
Amendment 933 #
2008/0016(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Commission shall report by 31 December 2012 at the latest, on the basis of a review conducted in accordance with the process developed by the European standardization body CEN pursuant to Article 17.1, on the estimated typical and default values in Annex VII Part B and Part E, paying special attention to emissions from transport and processing, and may, where necessary, decide to correct the values. Such a measure designed to amend non- essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).
Amendment 939 #
2008/0016(COD)
Proposal for a directive
Article 17 – paragraph 5 – introductory part
Article 17 – paragraph 5 – introductory part
5. Annex VII may be adapted to technical and scientific progress. Such a measure designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3) taking due account of processes developed by and recommendations of the European standardization body CEN pursuant to Article 17.1. Any adaptation of or addition to the list of default values in Annex VII shall respect the following rules:
Amendment 944 #
2008/0016(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that information is given to the public on the availability of biofuels and other renewable transport fuels. For when percentages of biofuels, blended in mineral oil derivatives, exceeding the limit value of 10% by volume, Member States shall require this to be indicated at the sales pointsas defined in the product specifications by the European standardization body CEN.
Amendment 945 #
2008/0016(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 951 #
2008/0016(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 957 #
2008/0016(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. For the purpose of demonstrating compliance with national renewable energybiofuels obligations placed on operators, the contribution made by biofuels produced from wastes, residues, non-food cellulosic material, and lingo-cellulosic materialexceeding the minimum 35 % GHG emission saving shall be rewarded by applying a factor proportionally to their GHG emission improvement versus the minimum 35%*. * For example, the contribution made by a biofuel with a GHG emission saving of 70 % shall be considered to be twice that made by other biofuels. with 35 % GHG emission saving.
Amendment 972 #
2008/0016(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
1. Member States shall submit a report to the Commission on progress in the promotion and use of energy from renewable sources by 30 June 2011 at the latest, and every twohree years thereafter.
Amendment 974 #
2008/0016(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) the sectoral and overall shares of energy from renewable sources in the preceding twohree calendar years and the measures taken or planned at national level to promote the growth of renewable energy taking into account the indicative trajectory in Part B of Annex 1;
Amendment 1002 #
2008/0016(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. On the basis of the reports submitted by Member States pursuant to Article 19(1) and the monitoring and analysis referred to in paragraph 1 of this Article, the Commission shall report every twohree years to the European Parliament and the Council. The first report shall be submitted in 2012.
Amendment 1030 #
2008/0016(COD)
Proposal for a directive
Annex I – part B
Annex I – part B
Amendment 1038 #
2008/0016(COD)
Proposal for a directive
Annex IV – introductory phrase
Annex IV – introductory phrase
The criteria referred to in Article 13(3) shall be as followsfollowing criteria shall apply solely to certification schemes under Article 13(3):
Amendment 1063 #
Amendment 1072 #
Amendment 1087 #
2008/0016(COD)
Proposal for a directive
Annex VII – Part C – paragraph 1
Annex VII – Part C – paragraph 1
1. Greenhouse gas emissions from the production and use of transport fuels, biofuels and other bioliquids shall be calculated as: E = eec + el + ep + etd + eu – eccs - eccr – eee, where E = total emissions from the use of the bio fuel; eec = emissions from the extraction or cultivation of raw materials; el = annualised emissions from carbon stock changes caused by land use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; eccs = emission savings from carbon capture and sequestration; eccr = emission savings from carbon capture and replacement; and eee = emission savings from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account.
Amendment 1090 #
2008/0016(COD)
Proposal for a directive
Annex VII – Part C – paragraph 3
Annex VII – Part C – paragraph 3
Amendment 1092 #
2008/0016(COD)
Proposal for a directive
Annex VII – Part C – paragraph 6
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 for smaller geographical areas than those used in the calculation of the default values, as an alternative to using actual values.
Amendment 1100 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 9 – subparagraph 2
Annex VII – part C – paragraph 9 – subparagraph 2
In accounting for the consumption of electricity not produced within the fuel production plant, the greenhouse gas emission intensity of the production and distribution of that electricity shall be assumed to be equal to the average emission intensity of the production and distribution of electricity in a defined regionthe EU. In exception to this rule:
Amendment 1102 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 12
Annex VII – part C – paragraph 12
12. Emission savings from carbon capture and sequestration, eccs, shall be emissions avoided through the capture and sequestration of emitted CO2 related to the extraction, transport, processing and distribution of biofuel.
Amendment 1105 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 14
Annex VII – part C – paragraph 14
14. Emission savings from excess electricity from cogeneration, eee, shall be taken into account in relation to the excess electricity produced by fuel production systems that use cogeneration except where the fuel used for the cogeneration is a co- product other than an agricultural crop residue. In accounting for this excess electricity, the size of the cogeneration unit shall be assumed to be the minimum necessary for the cogeneration unit to supply the heat that is needed to produce the fuel. The greenhouse gas emission savings associated with this excess electricity shall be taken to be equal to the average amount of greenhouse gas that would be emitted when an equal amount of electricity was generated in a power plant using the same fuel as the cogeneration unitand distributed in the EU.
Amendment 1116 #
2008/0016(COD)
Proposal for a directive
Annex VII – part D – title
Annex VII – part D – title
D. Disaggregated values for biofuels and bioliquids * *Recalculate default values applying consistent methodology throughout the chain.
Amendment 1117 #
2008/0016(COD)
Proposal for a directive
Annex VII – part E – title
Annex VII – part E – title
E. Estimated disaggregated values for future biofuels and bioliquids that are not or in negligible quantities on the market in January 2008* *Recalculate default values applying consistent methodology throughout the chain.
Amendment 31 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) Beside a legislative framework for the storage site, incentives for further development of the technology, support of the installation of demonstration plants, as well as a legal framework created by the Member States for ensuring transport are necessary as quickly as possible in order to successfully advance the use of CCS technologies.
Amendment 37 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timeperiod which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. If no activities are carried out, the Member States should ensure that the exploration permit is withdrawn and can be granted to other entities.
Amendment 39 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorations carried out, and the therefore necessary investments made, justify anticipation by the holder of the exploration permit that they will be the holder of the storage permit.
Amendment 41 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveThe Member States should have the opportunity to submit the draft storage permit to the Commission for verification.
Amendment 50 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 54 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Financial provision should be made provided in order to raise confidence that closure and post-closure obligations, obligations arising from inclusion under Directive 2003/87/EC, and obligations under this Directive to take corrective measures in case of significant irregularities or leakages, can be met. Member States should ensure that financial provisions, by way of financial security or any other equivalent, are made by the applicant prior to the submission of the permit applicationuse of the storage.
Amendment 71 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
(3) 'storage site' means a specific part of a geological formation usedthat is adequate for the geological storage of CO2;
Amendment 73 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
(5) 'leakage' means significanyt release of CO2 from the storage complex;
Amendment 83 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 20 a (new)
Article 3 – point 20 a (new)
(20a) "hydraulic unit" means a hydraulically connected pore space where pressure communication can be measured by technical means.
Amendment 86 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) The CO2 capture, transport and storage components have all separately been the subject of pilot projects, but they have yet to be incorporated into a complete CCS process, and the costs of the technology still have to be reduced. The largest CO2 storage projects in which European undertakings are involved are the Sleipner project in the North Sea (Statoil) and the In Salah project in Algeria (Statoil, PB and Sonatrach). Other current pilot projects are the Vattenfall project in Schwarze Pumpe in Germany/the Land of Brandenburg and the CCS project being carried out by Total in the Lacq area in France.
Amendment 88 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum ofa period which is necessary to carry out the activities for which the exploration permit is granted. The exploration permit can be prolonged. Before guaranteeing exploration permits, the Member States will make arrangements in order two yearensure that the permit is not illegally used to prevent investments.
Amendment 91 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The holder of an exploration permit shall have the sole right to explore the potential CO2 storage complex. Member States shall ensure that no conflicting uses of the complex are permitted during the period of validity of the permit. After this period, the CO2 storage exploration permit shall either be converted into a CO2 storage permit or shall be relinquished for the total area covered.
Amendment 95 #
2008/0015(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The holder of a storage permit has the sole right to store CO2 in the storage site. Member States shall ensure that no conflicting uses of the storage site are permitted during the period of the validity of the storage permit.
Amendment 101 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited timethe period which is necessary to carry out the activities, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time. In the event that no activities are carried out, the Member States have to ensure that the exploration permit is withdrawn and can be granted to other entities.
Amendment 101 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the management of the storage site will be in the hands of a natural or legal person who is technically competent and reliable to manage the site; professional and technical development and training of this person and all staff are provided;
Amendment 102 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 1 – point b a (new)
Article 8 – point 1 – point b a (new)
(ba) no other storage permits have been issued within the hydraulic unit;
Amendment 104 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
(2) the Commission hasmay issued, on request of the Member States, its opinion on the draft permit pursuant to Article 10(12);
Amendment 105 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way. The explorations carried out and the necessary investments made therefore justify anticipation by the holder of the exploration permit that they will be the holder of the storage permit.
Amendment 106 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 3
Article 8 – point 3
Amendment 107 #
2008/0015(COD)
Proposal for a directive – amending act
Article 9 – point 2
Article 9 – point 2
(2) precise location and delimitation of the storage site and, the storage complex and the hydraulic unit;
Amendment 109 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the DirectiveMember States should have the opportunity to submit the draft storage permit to the Commission for verification.
Amendment 109 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – Title
Article 10 – Title
Amendment 110 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draftabout granted CO2 storage permits or rejected applications for storage permits.
Amendment 112 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates fromMember States may inform the Commission of all draft storage permits, permit applications and any other material taken into consideration by the Ccommission petent authority when adopting its draft decision.
Amendment 118 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 121 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 123 #
2008/0015(COD)
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for transportation due to safety reasons. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
Amendment 127 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Financial provision should be made provided in order to raise confidence that closure and post-closure obligations, obligations arising from inclusion under Directive 2003/87/EC, and obligations under this Directive to take corrective measures in case of significant irregularities or leakages, can be met. Member States should ensure that financial provisions, by way of financial security or any other equivalent, are made by the applicant prior to the submission of the permit applicationuse of the storage.
Amendment 132 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 135 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 141 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application forafter the granting of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 146 #
2008/0015(COD)
Proposal for a directive – amending act
Article 23
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundry storage sites, the national authority responsible for granting permits is the one from the Member State on whose territory the largest part of the storage site is presumed to be located.
Amendment 153 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – paragraph 1
Annex I – paragraph 1
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out in four steps according to the following criteria and on the basis of the best available technique. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
Amendment 154 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – step 1 – point h
Annex I – step 1 – point h
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, as well as the delimitation of the hydraulic unit;
Amendment 165 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 3
Article 3 - point 3
(3) 'storage site' means a specific part of a geological formation usedthat is adequate for the geological storage of CO2;
Amendment 170 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 5
Article 3 - point 5
(5) 'leakage' means the not insignificanyt release of CO2 from the storage complex;
Amendment 200 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 20 a (new)
Article 3 - point 20 a (new)
(20a) 'hydraulic unit' means a hydraulically connected pore space where pressure communication can be measured by technical means.
Amendment 229 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of two years, renewable once for a maximum of two yearthe period needed to carry out the activities for which the exploration permit is granted. The exploration permit may be prolonged. Before granting exploration permits, Member States shall make arrangements to ensure that the permit is not illegally used to prevent investments.
Amendment 236 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The holder of an exploration permit shall have the sole right to explore the potential CO2 storage complex. Member States shall ensure that no conflicting uses of the complex are permitted during the period of validity of the permit. After this period, the CO2 storage exploration permit shall either be converted into a CO2 storage permit or else be relinquished for the total area covered.
Amendment 247 #
2008/0015(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The holder of a storage permit shall have the sole right to store CO2 in the storage site. Member States shall ensure that no conflicting uses of the storage site are permitted during the validity of the storage permit.
Amendment 270 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
(2) the Commission hasmay issued, on request of the Member States, its opinion on the draft permit pursuant to Article 10(12);
Amendment 274 #
2008/0015(COD)
Proposal for a directive – amending act
Article 8 – point 3
Article 8 – point 3
Amendment 279 #
2008/0015(COD)
Proposal for a directive – amending act
Article 9 – point 2
Article 9 – point 2
(2) precise location and delimitation of the storage site and, the storage complex and the hydraulic unit;
Amendment 286 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 –title
Article 10 –title
Amendment 288 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall inform the Commission of all draft storage permits, the permit applications and any other material taken into consideration by the competent authority when adopting its draft decision. Within six months of their submission to the Commission, the Commission may issue an opinion on the draftabout granted CO2 storage permits or rejected applications for storage permits.
Amendment 293 #
2008/0015(COD)
Proposal for a directive – amending act
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall notify the final decision to the Commission, stating the reasons if it deviates fromMember States may inform the Commission of draft storage permits, permit applications and any other material taken into consideration by the Ccommission petent authority when adopting its draft decision.
Amendment 303 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
Amendment 316 #
2008/0015(COD)
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process and substances necessary for the transport on safety grounds. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.
Amendment 343 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 349 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 364 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application for aare made by the applicant in accordance with a transparent procedure for establishing his creditworthiness and a risk-based assessment of the potential level of damage, to be carried out at the commencement of storage permit, to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post-closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 367 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application forafter the granting of a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be met.
Amendment 391 #
2008/0015(COD)
Proposal for a directive – amending act
Article 23
Article 23
In cases of transboundary transport of CO2, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of other relevant Community legislation jointly. For transboundary storage sites, the national authority responsible for granting permits shall be that of the Member State on whose territory the foreseeably largest part of the storage site is located.
Amendment 422 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – paragraph 1
Annex I – paragraph 1
The characterisation and assessment of storage sites referred to in Article 4 shall be carried out in four steps according to the following criteria and on the basis of best available techniques. Derogations from one or more of these criteria are permitted so long as the capacity of the characterisation and assessment to enable the determinations pursuant to Article 4 is not affected.
Amendment 424 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – Step 1 – point (h)
Annex I – Step 1 – point (h)
(h) Domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site, as well as the delimitation of the hydraulic unit;
Amendment 22 #
2008/0014(COD)
Proposal for a decision
Recital 4a (new)
Recital 4a (new)
(4a) As stressed by the International Panel on Climate Change (IPCC), nuclear energy has a decisive role to play in the fight against climate change. In combination with renewable energies, up to 60% of our energy could result from CO2-free production by 2020. Nuclear energy could produce the majority of base-load electricity in a cost-efficient way, with renewables used for medium and peak load.
Amendment 29 #
2008/0014(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Member State reduction efforts should be based on the principle of solidarity between Member States and the need for sustainable economic growth across the Community, taking into account the relative per capita GDPross National Income (GNI) of Member States. Member States that currently have a relatively low per capita GDPNI and thus high GDPNI growth expectations should be allowed to increase their greenhouse emissions compared to 20051990, but should limit this greenhouse emissions growth to contribute to the overall reduction commitment of the Community. Member States that currently have a relatively high per capita GDPNI should reduce their greenhouse emissions compared to 20051990.
Amendment 32 #
2008/0014(COD)
Proposal for a decision
Recital 8
Recital 8
(8) To further ensure a fair distribution of efforts between the Member States of the contribution to the implementation of the independent commitment of the Community, no Member State should be required to reduce its greenhouse gas emissions in 2020 to more than 20% below 20051990 levels and no Member State should be allowed to increase its greenhouse gas emissions in 2020 to more than 20% above 20051990 levels. Reductions in greenhouse gas emissions should take place between 2013 and 2020, with each Member State being allowed to carry forward from the following year a quantity equal to 25% of the greenhouse gas emission limit of that Member State and a Member State whose emissions are below that limit being allowed to carry over its excess emission reductions to the subsequent year. Member States whose emissions reach the limit every year from 2013 to 2020 or are below the target value for 2020 should be able to trade their surplus emission savings and thus assist other Member States to meet limits and targets.
Amendment 46 #
2008/0014(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The continued ability for Member States to use CDM credits is important to help ensure a market for those credits after 2012. To help ensure such market as well as to ensure further greenhouse gas emission reductions within the Community and thus enhance the implementation of the objectives of the Community relating to renewable energy, energy security, innovation and competitiveness, it is proposed to allow the annual use by Member States of credits from greenhouse gas emission reduction projects in third countries, until a future international agreement on climate change has been reached, up to a quantity representing 310% of the greenhouse gas emissions of each Member State not covered under Directive 2003/87/EC in the year 2005. This quantity is equivalent to a third of the reduction effort in 2021990. Member States should be allowed to transfer the unused part of that quantity to other Member States.
Amendment 69 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Amendment 72 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 3
Article 3 – paragraph 3
3. During the years 2013 to 2019, a Member State may carry forward from the following year a quantity equal to 25% of the greenhouse gas emission limit of that Member State in paragraph 2. If the emissions of a Member State are below the limit in paragraph 2 it may carry over its excess emission reductions to the subsequent year or transfer these to another Member State, which may use the quantity transferred to meet its greenhouse gas emission limit for the year in which the excess emission reductions were generated.
Amendment 95 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The annual use of credits by each Member State pursuant to paragraphs 1, 2 and 3 shall not exceed a quantity equal to 310% of the greenhouse gas emissions of that Member State not covered under Directive 2003/87/EC in the year 20051990.
Amendment 112 #
2008/0014(COD)
Proposal for a decision
Annex – column 2 – title
Annex – column 2 – title
Member State greenhouse gas emission limits by 2020 compared to 20051990 greenhouse gas emission levels for sources not covered under Directive 2003/87/EC (Figures will need to be recalculated)
Amendment 52 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 4
Recital 4
(4) In order to contribute to achieving those long-term objectives, it is appropriate to set out a predictable path according to which the emissions of installations covered by the Community scheme should be reduced. To achieve cost-effectively the commitment of the Community to at least a 20% reduction in greenhouse gas emissions below 1990 levels in the internationally recognised Kyoto reference year of 1990, emission allowances allocated in respect of those installations should be 21% below their 2005 emission levels by 2020.
Amendment 61 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 10
Recital 10
(10) Where equivalent measures to reduce greenhouse gas emissions, in particular taxation, are in place for small installations whose emissions do not exceed a threshold of 1025 000 tonnes of CO2 per year, there should be a procedure for enabling Member States to exclude such small installations from the emissions trading system for so long as those measures are applied. This threshold relatively offers the maximum gain in terms of reduction of administrative costs for each tonne excluded from the system, for reasons of administrative simplicity. As a consequence of the move from five-year allocation periods, and in order to increase certainty and predictability, provisions should be set on the frequency of revision of greenhouse gas emission permits.
Amendment 62 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
(11) The Community-wide quantity of allowances should decrease in a linear manner calculated from the mid-point of the period 2008 to 2012, ensuring that the emissions trading system delivers gradual and predictable reductions of emissions over time. The annual decrease of allowances should be equal to 1.74a constant reduction factor of 1.10% of the allowances issued by Member States pursuant to Commission Decisions on Member States' national allocation plans for the period 2008 to 2012, so that the Community scheme contributes cost- effectively to achieving the commitment of the Community to an overall reduction in emissions of at least 20% by 2020.
Amendment 64 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
(12) This contribution is equivalent to a reduction of emissions in 2020 in the Community scheme of 215% below reported 2005 levels, corresponding to a reduction of xx% compared to 1990, including the effect of the increased scope from the period 2005 to 2007 to the period 2008 to 2012 and the 2005 emission figures for the trading sector used for the assessment of the Bulgarian and Romanian national allocation plan for the period 2008 to 2012, leading in the year 2020 to an issue of a maximum of 1 72850 million allowances in the year 2020. Exact quantities of emissionsto installations in receipt of allocations for the period from 2008 to 2012, and some 130 million certificates for sectors and gases newly included from 2013. Exact quantities of emissions and the percentage reduction factor will be calculated once Member States have issued allowances pursuant to Commission Decisions on their national allocation plans for the period 2008 to 2012, as the approval of allocations to some installations was contingent upon their emissions having been substantiated and verified. Once the issue of allowances for the period 2008 to 2012 has taken place, the Commission will publish the Community-wide quantity. Adjustments should be made to the Community-wide quantity in relation to installations which are included in the Community scheme during the period 2008 to 2012 or from 2013 onwards.
Amendment 66 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 13
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 should therefore be the basic principle for allocation, as it is the simplest and generally considered to be the most economically efficient systemFree allocation based on benchmarks and actual production is the most economically efficient system that can provide for setting incentives for low carbon technologies and for the achievement of the reduction target. This should also eliminate windfall profits and put new entrants and higher than average growing economies on the same competitive footing as existing installations.
Amendment 68 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
Amendment 71 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
Amendment 79 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 16
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 Emissions trading is an instrument that should help meet the CO2 reduction targets at minimal cost. Free allocation based on benchmarks and actual production sets the necessary incentives to efficiency improvements. Costs from the EU ETS both for participating installocation 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 os as well as indirectly for the consumers can thereby be limited to the financial needs for abating the CO2 emissions to be reduced in accordance with the target set. The CO2 emissions still permitted in line with the cap consequently do not create costs for the Community, but will do so as soon as they fall under a future, strengthened reduction target. Such limitation does not at all jeopardise the climate change policy goals. The achievement of the CO2 reduction target can be safeguarded by setting the benchmarks correctly. The option of a downward adjustment of the benchmarks in subsequent years provides for ther sectors were to be given free allocations, in order to avoid distortions of competiturity to really meet the overall reduction target. Consequently, free allocation based on benchmarks and actual production should be the rule from 2013 onwards for all sectors and the entire periond.
Amendment 84 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
Amendment 91 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) Transitional fFree 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 heat 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 setaside for new entrants in 2020 should be auctioned. Any such rules should not give incentives to increase emissions from inefficient installations.
Amendment 101 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
Amendment 103 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% to sectors or sub-sectors meeting the relevant criteria. The definition of these sectors and sub-sectors and the measures required will be subject to re- assessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or sub-sectors where it can be duly substantiated that the rso adopt the principle of free allocation on the basisk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowancesa benchmark.
Amendment 109 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 20
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 20109. It should base its analysis on the assessment of the inability to pass 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.
Amendment 120 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) In order to provide predictability, operators should be given certainty about their potential after 2012 to use CERs and ERUs up to the remainder of the level which they were allowed to use in the period 2008 to 2012, from project types which were accepted by all Member States in the Community scheme during the period 2008 to 2012. In addition, operators should also be permitted to make annual use of allowances from flexible project mechanisms (CERs and ERUs) or other approved credits from third countries up to a maximum of 50% of reductions compared to the allocation for the period 2012 too 2018. As carry- over by Member States of CERs and ERUs held by operators between commitments periods under international agreements (‘banking’ of CERs and ERUs) cannot take place before 2015, and only if Member States choose to allow the banking of those CERs and ERUs within the context of limited rights to bank such credits, this certainty should be given by requiring Member States to allow operators to exchange such CERs and ERUs issued in respect of emission reductions before 2012 for allowances valid from 2013 onwards. However, as Member States should not be obliged to accept CERs and ERUs which it is not certain they will be able to use towards their existing international commitments, this requirement should not extend beyond 31 December 2014. Operators should be given the same certainty concerning such CERs issued from projects that have been established before 2013 in respect of emission reductions from 2013 onwards.
Amendment 125 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 28
Recital 28
(28) In order to clarify the coverage of all kinds of boilers, burners, turbines, heaters, furnaces, incinerators, kilns, ovens, dryers, engines, flares, and thermal or catalytic afterburning by this Directive, a definition of combustion installation in line with the corresponding definition in Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control should be added.
Amendment 127 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 33
Recital 33
Amendment 131 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 34
Recital 34
(34) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In particular power should be conferred on the Commission to adopt measures for the auctioning of allowances, for transitional Community- wide allocation of allowances in the context of the benchmarking model, for the monitoring, reporting and verification of emissions, for the accreditation of verifiers and for implementing harmonised rules for projects. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and to supplement this Directive by the addition or modification of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 133 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2003/87/EC
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
It also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate changenecessary to reduce dependency on fossil fuels in the coming decades for reasons of security of supplies.
Amendment 136 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – point c
Article 3 – point c
(c) 'greenhouse gases' means the gases listed in Annex II and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation;
Amendment 148 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u
Article 3 – point u
Amendment 157 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/87/EC
Article 6 – paragraph 1 - subparagraph 2
Article 6 – paragraph 1 - subparagraph 2
Amendment 160 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/87/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
The Community-wide quantity of allowances issued each year starting in 2013 shall decrease in a linear manner beginning from the mid-point of the period 2008 to 2012. The quantity shall decrease by a linearconstant linear percentage factor of 1.7410% compared to the average annual total quantity of allowances issued by Member States in accordance with the Commission Decisions on their national allocation plans for the period 2008 to 2012.
Amendment 164 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 9a – paragraph 3 a (new)
Article 9a – paragraph 3 a (new)
3a. Should the amount of allowances that were additionally allocated to operators due to production increases in accordance with Article 10a(2) exceed the amount of allowances returned by operators in that specific sector due to reduced reduction according to the ex-post adjustments, the benchmarks for this specific sector shall be reduced in the year following the year in which the imbalance occurred in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)] in a way that ensures the achievement of overall reduction of emissions within the scope of Article 9. To this end, the competent authorities shall inform the Commission by 30 April each year whether the quantity of emission allowances has been exceeded.
Amendment 166 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10
Article 10
Article 10 is deleted.
Amendment 203 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
Article 10a – paragraph 1 – subparagraph 1
1. Starting from the year 2013, Member States shall allocate all allowances free of charge for the entire period. The Commission shall, by 30 June 201109, adopt Community wide and fully harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 83 in a harmonised manner.
Amendment 209 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
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 definition of sectors to which the directive applies constitutes however an essential element and shall therefore be the subject of a regulation.
Amendment 219 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1– subparagraphs 3 and 4
Article 10a – paragraph 1– subparagraphs 3 and 4
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. 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 and shall not give incentives to increase emissions.
Amendment 236 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generators, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions. Installations shall be allocated the number of allowances corresponding to the arithmetical product of the expected average annual production volume, the installation’s respective benchmark, as well as the number of calendar years within the allocation period since commissioning. Should the production volume in one calendar year deviate from the expected average annual production, the operator shall, in case of a decrease in production, return, by 30 April of the following year, the number of allowances to the relevant authority that results from the multiplication of the production volume with the benchmark allocated to the plant. In case of an increase in production, the relevant authority shall, following application and by 30 April of the following year, allocate additional allowances on the basis of the same calculation. The benchmarks shall be established in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. They shall take into consideration the technical reduction potential of the respective plants. Technically unavoidable process- related emissions shall not be taken into account when determining the benchmark. The same applies for unavoidable waste gases. Where a waste gas is used as a fuel, allowances should be allocated to the operator of the installation generating the waste gas according to the same allocation principles as applied for this Directive.
Amendment 242 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2 a (new)
Article 10a – paragraph 2 a (new)
2a. Should for certain products or processes no benchmarks have been stipulated in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)], the respective installation shall be allocated emission allowances according to the annual average allocation for the second EU ETS trading period, adjusted by the linear coefficient in accordance with Article 9. The technical reduction potential of the respective plants shall be taken into consideration. In the event that the products or processes were not covered by the second EU ETS trading period, grandfathering shall apply.
Amendment 246 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogenerationHighly efficient combined heat and power plants (CHP) as defined byin 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 the producshall be granted, without time limitation, free allowances for their power and heat generation ofn that heat shall be adjusted by the linear factor referred to in Article 9e basis of a benchmark.
Amendment 269 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
Article 10a – paragraph 6 – subparagraph 3
Amendment 281 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
Amendment 289 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
Amendment 298 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9
Article 10a – paragraph 9
Amendment 311 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Amendment 332 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/87/EC
Article 10b a (new)
Article 10b a (new)
(8a) The following Article shall be inserted: "Article 10ba The Commission shall put forward a proposal for a compensation mechanism to offset the indirect costs resulting from higher electricity prices due to the Community scheme. This proposal shall be compatible with Community provisions on state aid."
Amendment 335 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall publish and submit to the Commission, by 30 September 2011, the list of installations covered by this Directive in its territory and any free allocation to each installation in its territory calculated in accordance with the rules referred to in Article 10a(12).
Amendment 343 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 3 - subparagraph 1
Article 11a – paragraph 3 - subparagraph 1
3. To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up,he competent authorities shall allow operators to exchange CERs on an annual basis from projects that were established before 2013 issued in respect of emission reductions from 2013 onwards, up to 50% of the annual reduction in the quantity of allowances to be allocated as provided for in Article 9, for allowances valid from 2013 onwards.
Amendment 344 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 4 - subparagraph 1
Article 11a – paragraph 4 - subparagraph 1
4. To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up,aking the maximum limit stated in paragraph 3 into account, the competent authorities shall allow operators to exchange CERs issued in respect of emission reductions from 2013 onwards for allowances from new projects started from 2013 onwards in Least Developed Countries.
Amendment 348 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 5
Article 11a – paragraph 5
5. To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up and iIn the event that the conclusion of an international agreement on climate change is delayed, credits from projects or other emission reducing activities may be used in the Community scheme in accordance with agreements concluded with third countries, specifying levels of use. In accordance with such agreements, operators shall be able to use credits from project activities in those third countries to comply with their obligations under the Community scheme up to 50% of the reductions effected in the relevant year as compared with the allocation for the period 2008 to 2012.
Amendment 353 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 10 a (new)
Article 1 – point 10 a (new)
Directive 2003/87/EC
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(10a) In Article 12, the following paragraph shall be inserted: "1a. The Commission shall publish a report, including appropriate legislative proposals, concerning insider dealing and market manipulation in the market for emissions allowances. This report shall consider, inter alia, whether allowances should be regarded as financial instruments within the scope of Directive 2003/6/EC on insider dealing and market manipulation (market abuse)."
Amendment 354 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2003/87/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Allowances issued from 1 January 2013 onwards shall be valid for emissions during periods of eight years beginning on 1 January 2013. Unused allowances may be transferred to the following eight-year period without restriction.
Amendment 355 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/87/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall adopt a Regulationguidelines and tools for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I which shall be based on the principles for monitoring and reporting set out in Annex IV and shall specify the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas. 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)].
Amendment 357 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/87/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 358 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/87/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that each operator of an installation reports the emissions from that installation during each calendar year to the competent authority after the end of that year in accordance with the regulation.
Amendment 359 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2003/87/EC
Article 15 – paragraph 3
Article 15 – paragraph 3
The Commission shall adopt a Regulationdraw up guidelines for the verification of emission reports and the accreditation of verifiers specifying conditions for the accreditation, mutual recognition and withdrawal of accreditation for verifiers, and for supervision and peer evaluation as appropriate.
Amendment 375 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
Amendment 388 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Operators may, in addition to unused CERs and ERUs assigned to operators by the Member States for the period 2008 to 2012, 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 taking place in accordance with paragraph 2 and Article 9.
Amendment 400 #
2008/0013(COD)
Proposal for a directive – amending act
Annex II
Annex II
Directive 2003/87/EC
Annex IIa
Annex IIa
Annex IIa is deleted.
Amendment 13 #
2007/0821(CNS)
Recital 3 a (new)
Germany (3a) With a view to efficient police cooperation, it should be possible to set up joint task forces rapidly and unbureaucratically.
Amendment 26 #
2007/0821(CNS)
Article 17 – paragraph 3 – subparagraph (i)
Germany (i) the powers the officers and other officials of the seconding Member State(s) may exercise in the host Member State during the operation; these powers should include, in particular, the rights of surveillance, hot pursuit, arrest and questioning;
Amendment 116 #
2007/0297(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1a (new)
Article 3 – paragraph 2 – subparagraph 1a (new)
An undertaking shall not be deemed to be a connected undertaking if the Commission decides, on application, that the undertaking meeting the criteria of Article 3(2)(a) to (e) does not have real dominant control over the other undertaking.
Amendment 161 #
2007/0297(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) is responsible for less than 10,0000.1% of new passenger cars registered in the Community per calendar year; and
Amendment 166 #
2007/0297(COD)
Proposal for a regulation
Article 9 – paragraphs 7a and 7b (new)
Article 9 – paragraphs 7a and 7b (new)
7a. A manufacturer may apply to the Commission for an alternative target of a 25% reduction in its average specific emissions by comparison with 2006, in place of the target calculated pursuant to Annex I, provided that (a) if it has no connected undertaking, its annual new car registrations in the European Union fall between the figure laid down in paragraph 1 and 1% of the total European market, or (b) if it has connected undertakings, its annual new car registrations in the European Union, taken together with the connected undertakings, fall between the figure laid down in paragraph 1 and 1% of the total European market. 7b. Connected undertakings may apply to the Commission for an alternative target of a 25% reduction in their average specific emissions by comparison with 2006, in place of the target calculated pursuant to Annex I, if their annual new car registrations in the European Union, taken together with the connected undertaking, fall between the figure laid down in paragraph 1 and 1% of the total European market.
Amendment 31 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linear audiovisual media service as deLegal “must-carry” obligations may be applied, but only to specified broadcast, audiovisual or supplementary services, supplied by a specifined in themedia service provider. Audiovisual Media Sservices Directiveare defined in Directive 2007/65/EC of the European Parliament and of the Council of [….] 2007, which is provided by11 December 2007 a mendia service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audng Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified media service providerdministrative action in Member States concerning the pursuit of television broadcasting activities¹. Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three years and would require a public consultation of all stakeholders. One or more broadcast channels may be complemented bySupplementary services may be services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language. -------------------------------------------- 1 OJ. L 332, 18.12.2007, p. 27.
Amendment 32 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 26 a (new)
Recital 26 a (new)
Amendment 39 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. In the areas that are harmonised in this directive, the Member States shall encourage co-and self-regulation at national level, as far as their laws allow.
Amendment 42 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/22/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall take specific measures, in the light of national conditions and the co- and self-regulation codes adopted by the industry, to ensure that disabled end- users can also take advantage of the choice of undertakings and service providers available to the majority of end-users.
Amendment 45 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 10 – point a
Article 1 – point 10 – point a
Directive 2002/22/EC
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 46 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 10 – point a a (new)
Article 1 – point 10 – point a a (new)
Directive 2002/22/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
(aa) Paragraph 2 is deleted.
Amendment 50 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 52 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of modifications in the contractual conditions proposed by operators. Subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.“ This right may only be exercised when the modifications are disadvantageous for the subscriber.
Amendment 55 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall ensure, if co- and self-regulatory measures prove ineffective, that national regulatory authorities are able to oblige undertakings providing electronic communications services to provide applicable tariff information to customers at the time and point of purchase to ensure that customers are fully informed of pricing conditions.
Amendment 56 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 6
Article 21 – paragraph 6
6. In order to ensure that end-users can benefit from a consistent approach to tariff transparency, as well as to the provision of information in accordance with Article 20(5) in the Community, the Commission may, having consulted the European Electronic Communications Market Authority (hereinafter referred to as “the Authority”), take the appropriate technical implementing measures in this area, introduce guidelines such as to specify the methodology or procedures. 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 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).
Amendment 59 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In order to prevent degradation of service and slowing of traffic over networks, the Commission may, having consulted the Authority, adopt technical implementing measures concerning minimum quality of service requirements to be set by the national regulatory authority on undertakings providing public communications networks. These measures designed to amend non- essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).’and national regulatory authorities may propose minimum quality of service requirements for the best possible service provision, including for ‘voice-over IP’ services. The proposals should take account of internationally recognised standards.
Amendment 68 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 - paragraph 7
Article 26 - paragraph 7
7. In order to ensure the effective implementation of “112” services in the Member States, including access for disabled end-users when travelling in other Member States, the Commission, having consulted the Authority, may adopt technical implementing measures. 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 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3) may introduce guidelines.
Amendment 69 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. In order to ensure that end users have effective access to numbers and services in the Community, the Commission may, having consulted the Authority, adopt technical implementing measures. 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 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3). Any such technical implementing measure may be periodically reviewed to take account of market and technological development introduce guidelines.
Amendment 70 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 73 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – first subparagraph
Article 31 – paragraph 1 – first subparagraph
1. Member States may impose reasonable “must carry” obligations, for the transmission of specified raudio and television broadcast channels and accessibilitvisual media services and supplementary services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcastaudiovisual media services to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcastaudiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly and specifically defined by each Member State in its national law and shall be proportionate and transparent. .
Amendment 74 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – third subparagraph
Article 31 – paragraph 1 – third subparagraph
Member States shall review “must carry” obligations at least every three yearregular intervals.
Amendment 75 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/22/EC
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Without prejudice to the application of Directive 1999/5/EC and in particular of disability requirements pursuant to its Article 3(3)(f), and in order to improve accessibility to electronic communications services and equipment by disabled end- users, the Commission may, having consulted the Authority, introduce guidelines and take the appropriate technical implementing measures to address the issues raised in the report referred to in paragraph 3, following a public consultation. 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 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3.
Amendment 76 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 24
Article 1 – point 24
Directive 2002/22/EC
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 77 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 24
Article 1 – point 24
Directive 2002/22/EC
Article 37 – paragraph 3
Article 37 – paragraph 3
Amendment 88 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) The sector-specific ex-ante regulation enshrined in the directives serves the transition from former monopolies to a competitive market for electronic communications networks and services. As soon as markets are competitive, ex-ante regulation should be discontinued and only Community and national competition law should apply. With growing competitive dynamics on European electronic communications markets the potential benefits of sector- specific ex-ante price and access regulation decrease significantly over time. The markets for electronic communications have shown strong competitive dynamics in recent years and competition is most likely to increase even further in the coming years. To ensure a timely transition to the sole application of Community and national competition law, the provisions of this of this directive on sector-specific ex-ante regulation should expire on a defined date, unless the Commission demonstrates that continued ex-ante regulation will still be warranted after that date.
Amendment 108 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to achieve the goals of the Lisbon agenda and to boost investment in next-generation access networks (NGA networks) for the benefit of European consumers and the international competitiveness of European industry, a new regulatory framework for access to NGA networks is necessary. The goal of this new legal framework is to provide incentives for investment in NGA networks, while supporting competition by granting access to those networks where infrastructure competition is not feasible. Due to the fact that market power in emerging markets is difficult to pin down, the regulatory framework for NGA- network access laid down in Article 12(3) and Article 13(4) and (6) focuses on access to new infrastructure and not on significant market power in downstream markets. This concept reflects the dynamic development of the market and market entry opportunities in the field of electronic communications networks. Thus the regulatory framework for NGA network access has also to introduce dynamic elements and has to promote market developments by giving the right incentives for all market players to innovate and to invest in new access networks and in new downstream markets.
Amendment 125 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Radio frequencies are the property of Member States. They should be considered a scarce public resource, which has an important public and marketeconomic value. It is in the public interest that spectrum is managed as efficiently and effectively as possible from an social, cultural, economic, social and environmental perspective and that obstacles to its efficient use are progressivegradually withdrawn.
Amendment 126 #
2007/0247(COD)
Recital 22
(22) TIn applying the spectrum management provisions of this Directive should be consistent with the Member States should act in compliance with the legal framework of international and regional organisations dealing with radio spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management of and, where appropriate, harmonisation of the use of spectrum across the Community and globally.
Amendment 129 #
2007/0247(COD)
Recital 28
(28) 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. Exceptions should be allowed to the principle of service neutralityOn the other hand, measures should be allowed 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 the 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 by Member States in conformity with Community law. Except where necessary to protect safety of life or, exceptionally, to fulfil other general interest objectives, exceptionmeasures should not result in certain services having exclusive use, but should rather grant them priority so that, insofar as possible, other services or technologies may coexist in the same band.
Amendment 131 #
2007/0247(COD)
Recital 60
(60) In particular, the Commission should be empowered to adopt Recommendations and/or implementing measures in relation to the notifications under Article 7 of the Framework Directive; harmonisation in the fieldsharmonisation in the fields of numbering and of general authorisations for the use of spectrum and numbering as well as in matters related to security of networks and services; the identification of the relevant product and service markets; the identification of trans-national markets; the implementation of standards and the harmonised application of the provisions of the regulatory framework. Power should also be conferred on the Commission to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments. Since those measures are of general scope and are designed to amend non-essential elements of these Directives, inter alia by supplementing them with new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 143 #
2007/0247(COD)
Article 1 – point 9
Directive 2002/21/EC
Article 8a
Article 8a
Strategic planning and coordination of radio spectrum policy in the European Union 1. Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European UnionCommunity. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference. 2. By cooperating with each other and with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European UnionCommunity and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications. 3. Member States shall promotWhere necessary to ensure the effective coordination of the EU interests of the European Community in international organisations competent in radio spectrum matters. Whenever necessary for promoting this effective coordination, the Commission, taking utmost account of the opinion of the Radio Spectrum Policy Group (RSPG) established by Commission Decision 622/2002/EC of 26 July 2002 establishing a Radio Spectrum Policy Group, may propose common policy objectives to the European Parliament and the Council. 4. The Commission, taking utmost account of the opinion of the RSPGC, may submit legislative proposals to the European Parliament and the Council for establishing multiannual radio spectrum policy programmes. Such programmes shall set out the policy orientations and objectives for the strategic planning, coordination and harmonisation of the use of radio spectrum in the Community in accordance with the provisions of this Directive and the Specific Directives.
Amendment 145 #
2007/0247(COD)
Article 1 – point 11
Directive 2002/21/EC
Article 9b – paragraph 2 a (new)
Article 9b – paragraph 2 a (new)
2a. The Commission may adopt appropriate implementing measures to identify the bands for which usage rights may be transferred or leased between undertakings. These measures shall not cover frequencies which are used for broadcasting. These technical implementing 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 22 (3).
Amendment 147 #
2007/0247(COD)
Article 1 – point 16
Directive 2002/21/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where an undertaking has significant market power on a specific market (the first market), it may also be deemed to have significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in onethe first market to be leveraged into the othersecond market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the linkesecond market pursuant to Articles 9, 10, 11 and8 to 13 of Directive 2002/19/21EC (Access dDirective), and where such remedies prove to be insufficient, remedies pursuant to Article 17 of Directive 2002/22/EC (Universal Service Directive) may be imposed or Article 17 of Directive 2002/22/EC (Universal Service Directive) where remedies in the first market prove to be insufficient to prevent such leverage.
Amendment 163 #
2007/0247(COD)
Article 3 – point 1
Directive 2002/20/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The following definitions shall also apply: "general authorisation" means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive; "pan-European wireless electronic communications network or service" means a wireless electronic communications network or service available in a majority of Member States.
Amendment 164 #
2007/0247(COD)
Article 3 – point 3 a (new)
Directive 2002/20/EC
Article 6 a (new)
Article 6 a (new)
(3a) Article 6a shall be inserted: “Article 6a Harmonisation measures 1. Without prejudice to Article 5(1) and(2) of this Directive and Article 9 of Directive 2002/21/EC (Framework Directive), the Commission may adopt implementing measures: (a) to identify radio frequency bands, the use of which is to be made subject to general authorisation; (b) to harmonise procedures for the granting of general authorisations for numbers to undertakings providing pan- European electronic communications networks or services; (c) to harmonise the conditions specified in Annex II relating to the granting to undertakings providing pan- European electronic communications networks or services of general authorisations. These measures, designed to amend nonessential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22 (3) of Directive 2002/21/EC Framework Directive). 2. The measures referred to in paragraph1 may, where appropriate, provide for the possibility for the Member States to make a reasoned request for a partial exemption and/or a temporary derogation from those measures. The Commission shall assess the justification for the request, taking into account the specific situation in the Member State, and may grant a partial exemption or temporary derogation or both provided this does not unduly defer the implementation of the implementing measures referred to in paragraph 1 or create undue differences in the competitive or regulatory situations between Member States.”
Amendment 184 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 47 a (new)
Recital 47 a (new)
(47a) Where it is necessary to adopt harmonisation measures for the implementation of the Community’s electronic communications and spectrum policy which go beyond technical implementing measures, the Commission shall submit a legislative proposal to the European Parliament and the Council.
Amendment 256 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
Amendment 273 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 288 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 1
Article 7a - paragraph 1
1. The Commission may lay down implementing provisions in relation to Article 7 that define the form, content and level of details and content to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.
Amendment 292 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/21/EC
Article 7a - paragraph 2
Article 7a - paragraph 2
Amendment 302 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of content;
Amendment 310 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 – point e a (new)
Article 1 – point 8 – point e a (new)
Directives 2002/21/EC
Article 8 – paragraph 4a (new)
Article 8 – paragraph 4a (new)
Amendment 317 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/21/EC
Article 8a (new)
Article 8a (new)
Amendment 359 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 367 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 370 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 426 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
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 adopttake appropriate technical implementing measures to:
Amendment 435 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -a (new)
Article 9c – paragraph 1 – point -a (new)
(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance Article 9;
Amendment 438 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point -aa (new)
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;
Amendment 441 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be directly transferred or leased between undertakings, excluding radio frequencies intended by Member States to be used for broadcasting services;
Amendment 461 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
Amendment 473 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1a (new)
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 content regulation and audio-visual policy.
Amendment 478 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
Thoese 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 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 thispoints (a) to (c) of paragraph 1, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC]RSPC.
Amendment 488 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. Member States shall support the harmonisation of numbering resources within the Community where that is necessary to support the development of pan European services. The Commission may take appropriate implementing measures on this matter, which may include establishing tariff principles for specific numbers or numbering ranges. The implementing measures may grant the Authority specific responsibilities in the application of those measures.
Amendment 496 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Amendment 507 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where an undertaking providing electronic communications networks public or private undertaking has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall, taking due account of the principle of proportionality, be able to impose the sharing of such facilities or property, including entries to buildings, masts, antennae, ducts, manholes and street cabinets.
Amendment 513 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2002/21/EC
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. In order to guarantee the proportionality of the measures in paragraph 1, national regulatory authorities shall check the availability of all conduits suitable for laying telecommunication lines – including those of telecommunications providers, energy providers, urban providers and waste water pipes – in the areas in which access is required.
Amendment 535 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/21/EC
Article 13 a – paragraph 4
Article 13 a – paragraph 4
Amendment 578 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 17 – point c
Article 1 – point 17 – point c
Directive 2002/21/EC
Article 16 – paragraph 7
Article 16 – paragraph 7
Amendment 582 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 17 ca (new)
Article 1 – point 17 ca (new)
Directive 2002/21/EC
Article 16 – paragraph 7a (new)
Article 16 – paragraph 7a (new)
(ca) The following paragraph is inserted in Article 16: ‘7a. Irrespective of the regular analyses referred to in paragraph 6, national regulatory authorities may decide on measures which are valid for longer than two years if this is necessary for long-term planning reliability, particularly in order to develop next-generation access networks.’
Amendment 584 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 587 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 589 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 593 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 602 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 605 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 24 a (new)
Article 1 – point 24 a (new)
Directive 2002/21/EC
Article 25 – paragraph 1a (new)
Article 25 – paragraph 1a (new)
(24a) In Article 25, the following paragraph 1a is inserted: "1a. The Commission shall evaluate whether, and if so to what extent, in the light of developments in the market and with regard to competition, there is a need to extend the duration of the sector- specific price and access regulation provisions of this Directive, and of Directive 2002/19/EC (Access Directive), beyond the period referred to in Articles 29a and 19a of this Directive and of Directive 2002/19/EC respectively, or to amend it. If the Commission finds that there is such a need, it shall submit a proposal to the European Parliament and the Council accordingly."
Amendment 609 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 25 a (new)
Article 1 – point 25 a (new)
Directive 2002/21/EC
Article 29a (new)
Article 29a (new)
(25a) The following Article 29a is inserted: "Article 29a Expiry Articles 14 to 16 shall expire on 1 January 2014."
Amendment 651 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point a
Article 2 – point 8 – point a
Directive 2002/19/EC
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
Amendment 655 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point b
Article 2 – point 8 – point b
Directive 2002/19/EC
Article 12 – paragraph 1 – point j
Article 12 – paragraph 1 – point j
Amendment 662 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point b a (new)
Article 2 – point 8 – point b a (new)
Directive 2002/19/EC
Article 12 – paragraph 2 – point -a (new)
Article 12 – paragraph 2 – point -a (new)
(ba) In paragraph 2, the following point -a is inserted: "(-a) provided that wholesale access at a low value-added level is sufficient to ensure competition on the end client market, no access obligation must be imposed at a higher value-added level."
Amendment 663 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point b e (new)
Article 2 – point 8 – point b e (new)
Directive 2002/19/EC
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(be) In paragraph 2, point (a) is replaced by the following: "(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and access involved; and, in particular, where other upstream access products, such as ducts, are available, no further access obligation must be imposed for a wholesale product downstream from any such access product."
Amendment 667 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point b g (new)
Article 2 – point 8 – point b g (new)
Directive 2002/19/EC
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(bg) In paragraph 2, point (d) is replaced by the following: "(d) the need to safeguard competition in the long term, in particular infrastructure competition;"
Amendment 672 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 b (new)
Article 2 – point 8 b (new)
Directive 2002/19/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
(8b) In Article 13, paragraph 1 is replaced by the following: "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. 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 involved and the need for the investment risk to be equally shared between market players."
Amendment 673 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 c (new)
Article 2 – point 8 c (new)
Directive 2002/19/EC
Article 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
(8c) In Article 13, the following paragraph is inserted: "1a. Where no voluntary commercial agreement can be concluded, and where, on economic grounds, infrastructure competition is not possible, a national regulatory authority may regulate access to new-generation access networks, provided that it is ensured that access seekers bear a reasonable share of the risk incurred by the investor. Risk sharing contracts may either include an upfront payment covering the risk premium for a particular volume of accesses in particular regions, or take the form of long-term access contracts with minimum quantities for given time periods. Short- term contracts without minimum quantities shall include a price premium which covers the investment risk of the investor on the assumption that the full investment risk is borne by him or her. Price control in respect of such long-term and short-term access contracts shall be carried out in accordance with Article 13(6) of this Directive. Long-term access contracts shall reflect the time period necessary to allow amortisation of investment costs in new markets."
Amendment 680 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 e (new)
Article 2 – point 8 e (new)
Directive 2002/19/EC
Article 13 – paragraph 4a (new)
Article 13 – paragraph 4a (new)
(8e) In Article 13, the following paragraph is added: "4a. Where there is access price regulation, national regulatory authorities shall enable mandated operators to take account, in their pricing, also of costs over and above an efficient operator's long-term incremental costs, provided that those costs are laid down by law or sufficiently substantiated. Such costs shall include costs which are necessary to operate a legacy network in tandem with a next-generation access network if this fosters sustainable competition or increases consumer benefit."
Amendment 681 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 f (new)
Article 2 – point 8 f (new)
Directive 2002/19/EC
Article 13 – paragraph 4b (new)
Article 13 – paragraph 4b (new)
(8f) In Article 13, the following paragraph is added: "4b. National regulatory authorities shall ensure that regulation of access prices for long-term risk-sharing contracts is in line with the long-term incremental cost of an efficient operator, taking into account the operator’s calculated rate of penetration of new markets, and that access prices for short-term contracts include a risk premium. Such risk premiums shall be phased out with increasing new-market penetration, e.g. increasing penetration with next-generation connections. For this period, wholesale prices may be set on the basis of end customer rates."
Amendment 685 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a
Article 13a
Amendment 710 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 10 a (new)
Article 2 – point 10 a (new)
Directive 2002/19/EC
Article 19a (new)
Article 19a (new)
(10a) The following Article 19a is inserted: "Article 19a Expiry Articles 8 to 13 shall expire on 1 January 2014."
Amendment 771 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
1. In order to achieve the objectives set out inWithout prejudice to Article 5(1) and (2) of this Directive and Article 1,s 8a and without prejudice to Article 5(2) of this9 of Directive 2002/21/EC (Framework Directive), the Commission may adopt implementing measures:
Amendment 776 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point a
Article 6a – paragraph 1 – subparagraph 1 – point a
(a) to identify radio frequency bands the use of which is to be made subject to general authorisations or individual rights of use for radio frequencies;
Amendment 782 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point c
Article 6a – paragraph 1 – subparagraph 1 – point c
Amendment 786 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point d
Article 6a – paragraph 1 – subparagraph 1 – point d
Amendment 792 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point e
Article 6a – paragraph 1 – subparagraph 1 – point e
Amendment 795 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point f
Article 6a – paragraph 1 – subparagraph 1 – point f
Amendment 799 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 2
Article 6a – paragraph 1 – subparagraph 2
The measures listed in points (a) to (d) and (f)the first subparagraph, 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 14a(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a(4).
Amendment 58 #
2007/0199(COD)
Proposal for a regulation – amending act
Recital 14
Recital 14
(14) Competition for household-consumers requires that suppliers not be blocked when they want to enter new retail markets. Therefore rules and responsibilities governing the supply chain need to be known to all market parties, and they need to be harmonised with a view to enhancing Community market integration.
Amendment 76 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 b – paragraph 1 a (new)
Article 2 b – paragraph 1 a (new)
1a. A European network of transmission network users (“ENTSUG”) is being set up for proper representation and consultation of network users.
Amendment 78 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 b – paragraph 2 a (new)
Article 2 b – paragraph 2 a (new)
2a. ENTSUG shall be consulted on the development of codes.
Amendment 85 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 1
Article 2 c – paragraph 1
1. The European Network of Transmission System Operators for Gas shall adopt: a), in close cooperation with ENTSUG, shall adopt: a) network-related technical and market codes in the areas mentioned in paragraph 3; b) common network operation tools and research plans; c) a 10-year investment plan for network development every two years; d) an annual work programme; e) an annual report; f) annual summer and winter supply outlooks.
Amendment 93 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 2
Article 2 c – paragraph 2
(2) The annual work programme referred to in paragraph 1(d) shall contain a list and description of the network-related technical and market codes, a plan on coordination of operation of the network and research and development activities, to be drawn up in that year and an indicative calendar.
Amendment 102 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 3
Article 2 c – paragraph 3
(3) The detailed network-related technical and market codes shall cover the following areas, according to the priorities defined in the annual work programme: a) rules for the security and reliability ruleof energy networks; 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 capacity trading; h) network-related 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..
Amendment 110 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 4
Article 2 c – paragraph 4
4. The European Network of Transmission System Operators for Gas shall monitor the implementation of the system-specific technical and market codes and include the results of its monitoring activities in the annual report referred to in paragraph 1(e).
Amendment 117 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 5
Article 2 c – paragraph 5
5. The European Network of Transmission System Operators for Gas shall publish a Community-wide 10-year network investdevelopment plan every two years. The investmentis plan shall include the modelling of the integrated network, scenario development, a supply and demand adequacy report and an assessment of the resilience of the system. The investnetwork development plan shall, in particular, build on national investnetwork development plans and on the Guidelines for Trans-European energy networks in accordance with Decision No 1364/2006/EC of the European Parliament and of the Council. The investnetwork development plan shall identify investment gaps, notably with respect to cross border capacities.
Amendment 127 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 c – paragraph 6
Article 2 c – paragraph 6
6. Upon request of the CommissionWith the assistance of ENTSUG, the European Network of Transmission System Operators for Gas shall advise the Commission on the adoption of Guidelines as laid down in Article 9.
Amendment 147 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 2 – introductory part
Article 2 e – paragraph 2 – introductory part
2. TAfter carrying out the impact assessment on the basis of consultations with ENTSO/ENTSUG, the Agency shall provide a duly justified opinion to the Commission where it considers that:
Amendment 149 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 2 – point a
Article 2 e – paragraph 2 – point a
(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 among transmission system operators and the efficient functioning of the market;
Amendment 155 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 3 – point a
Article 2 e – paragraph 3 – point a
Amendment 156 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 3 – point b
Article 2 e – paragraph 3 – point b
(b) the European Network of Transmission System Operators for Gas fails to agree within a reasonable period of time on a system-specific technical or market code in the areas listed in Article 2c(3);
Amendment 157 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 e – paragraph 3 – point c
Article 2 e – paragraph 3 – point c
(c) the transmission system operators fail to implement a system-specific technical or market code adopted by the European Network of Transmission System Operators for Gas in the areas listed in Article 2c(3).
Amendment 168 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 1
Article 2 f – paragraph 1
1. In carrying out its tasks, the European Network of Transmission System Operators for Gas shall consult extensively, at an early stage and in an open and transparent manner, in particular whileith a view to preparing the technical annetwork- related technical and network-related 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.
Amendment 173 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 f – paragraph 3
Article 2 f – paragraph 3
3. Before adopting the annual work programme and the network-related technical and market codes referred to in Article 2c(1) and (3), the European Network of Transmission System Operators for Gas shall indicate the observations received in the consultation and how these observations have been taken into consideration. It shall provide reasons where observations have not been taken into account.
Amendment 179 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 h – paragraph 1
Article 2 h – paragraph 1
1. Transmission system operators shall establish regional cooperation within the European Network for Transmission System Operators for Gas to contribute to the tasks mentioned in Article 2c(1). In particular, they shall publish a regional investnetwork development plan every two years, and may take investment decisions based on the regional investnetwork development plan. The regional investnetwork development plan may not be contradictory to the 10 year investnetwork development plan referred to in Article 2c(1)(c).
Amendment 190 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1775/2005
Article 2 h – paragraph 3
Article 2 h – paragraph 3
3. The geographical area covered by each regional cooperation structure may be defined by the Commission. That measure, 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). For that purpose, the Commission mayshall consult the European Network of Transmission System Operators for Gas and the Agency.
Amendment 216 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 220 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 9 – point b a (new)
Article 1 – point 9 – point b a (new)
Regulation (EC) No 1775/2005
Article 6 – paragraph 5
Article 6 – paragraph 5
(ba) Paragraph 5 is amended as follows: Network users may call on transmission system operators for confidentiality reasons not to make public data as referred to in Article 6(6), the publication of which would infringe the network user’s operational and commercial confidentiality. In such cases the network operator shall seek the authorisation of the competent authority to limit publication with respect to the point or points in question. The competent authority shall grant or refuse the authorisation on a case by case basis, taking into account in particular the need to respect legitimate commercial confidentiality and the public interest in publication. If the authorisation is granted, available capacity shall be published without indicating the numerical data that would contravene confidentiality. No such authorisation as referred to in this paragraph shall be granted where three or more network users have contracted capacity at the same point.
Amendment 227 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 2
Article 6 a – paragraph 2
2. For the services provided, each LNG and storage system operator shall make public information on contracted and available storage and LNG facility capacities on a numerical basis on a regular and rolling basis and in a user-friendly standardised manner, where three or more users have contracted capacity.
Amendment 231 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4
Article 6 a – paragraph 4
4. AWhere three or more users have contracted capacity, all LNG and storage system operators shall make public the amount of gas in each storage or LNG facility, inflows and outflows, and the available storage and LNG facility capacities, including for those facilities exempted from third party access. The information shall also be communicated to the transmission system operator who shall make it public on an aggregated level per system or subsystem defined by the relevant points. The information shall be updated at least every day.
Amendment 237 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 a – paragraph 4 a (new)
Article 6 a – paragraph 4 a (new)
4a. LNG and storage system users may, for reasons of confidentiality, ask LNG and storage system operators not to make public the information referred to in paragraph 4, disclosure of which would be detrimental to the trade secrets of the LNG and storage systems users. In such cases LNG and storage system operators shall apply to the authorities for permission to restrict disclosure with regard to the relevant point or points. The competent authorities shall give or withhold authorisation on a case-by-case basis, taking particular account of the legitimate need to protect trade secrets and of the public interest. In any case, information shall be disclosed by LNG and storage system operators where three or more LNG and storage system users have been allocated capacity by contract or similar agreement, with the exception of the volume used for production management and capacities reserved for transmission system operators for the sole purpose of fulfilling their function. In any case, under Article 19(3) of Directive 2003/55/EC, the main commercial conditions must be published. If the information is not published, it should be made available to the national regulatory authorities at their request.
Amendment 242 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 1775/2005
Article 6 b
Article 6 b
Amendment 247 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Regulation (EC) No 1775/2005
Article 7 – paragraph 2
Article 7 – paragraph 2
2. In order to enable network users to take timely corrective action, transmission system operators shall provide sufficient, well-timed and reliable on-line based information on the balancing status of network users. The information provided shall reflect the level of information available to the transmission system operator and the settlement period for which imbalance charges are calculated. No charge shall be made for the provision of such information.
Amendment 248 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 11 – point c
Article 1 – point 11 – point c
Regulation (EC) No 1775/2005
Article 7 – paragraphs 4 to 6
Article 7 – paragraphs 4 to 6
Amendment 251 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 1775/2005
Article 8a
Article 8a
Amendment 260 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 265 #
2007/0199(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1775/2005
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
The Commission may amend thissue guidelines referred to in the first subparagraph and adopt guidelines on the issues listed in paragraph 1. Those measures designed to amend non- essential elements of this Regulation inter alia by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to inunder the procedure referred to in Article 14(2) in order to ensure that they are properly implemented in all Member States. In addition, the Commission can ask the Agency (ACER) and the ENTSO/ENTSOG to amend the proposed guidelines under Article 14(22(e)(3).
Amendment 49 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 1228/2003
Article 2c – paragraph 3
Article 2c – paragraph 3
3. The detailed technical network-related 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)network-related transparency rules; (ih) balancing rules including reserve power rules; (ji) rules regarding harmonised transportation tariff structures including locational signals and inter-TSO compensation rules; (kj) energy efficiency regarding electricity networks.
Amendment 107 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 1228/2003
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Generation companies which own or operate generation assets, of which one has an installed capacity of at least 250 MW, shall keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for five years all hourly data per plant that is necessary to verify all operational dispatching decisions and the bidding behaviour at power exchanges, interconnection auctions, reserve markets and OTC marketfor any plant with an installed capacity of more than 100 MW gross. The per plant and per hour information to be stored includes, but is not limited to, data on available generation capacity and committed reserves, including allocation of these committed reserves on a per plant level, at the time the bidding is carried out and when production takes place.”
Amendment 129 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 1228/2003
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Within two months after receiving a notification, the Commission may take a decision requiring the Agency to amend or withdraw the decision to grant an exemption. That period shall begin on the day following the receipt of the notification. The two month period may be extended by two additional months where additional information is sought by the Commission. That period shall begin on the day following the receipt of the complete additional information. The two month period can also be extended with the consent of both the Commission and the Agency. Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the Agency, or the Agency, in a duly reasoned statement, has informed the Commission that it considers the notification to be complete. The Agency shall comply with the Commission decision to amend or withdraw the exemption decision within a period of four weeks and shall inform the Commission accordingly. The Commission shall preserve the confidentiality of commercially sensitive information. The Commission’s approval of an exemption decision shall lose its effect after two years from its adoption if construction of the interconnector has not yet started, and after five years if the interconnector has not become operational.
Amendment 140 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1228/2003
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 144 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1228/2003
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
Amendment 146 #
2007/0198(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 1228/2003
Article 8 – paragraph 3 – point f
Article 8 – paragraph 3 – point f
(f) details of balancing and reserve power rules aiming – regardless of the priority introduction of cross-border intraday trading – at further integration of the balancing and reserve power markets;
Amendment 168 #
2007/0197(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Administrative Board shall, after having consultedwith the assent of the Board of Regulators, appoint the Director in accordance with Article 13(2).
Amendment 171 #
2007/0197(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 175 #
2007/0197(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The Administrative Board shall in consultation with the Board of Regulators exercise disciplinary authority over the Director.
Amendment 183 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 1
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 authorities 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.
Amendment 190 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Board of Regulators shall act by a majority of two-thirds of it members. EachThe votes of the members or alternate shall have one votef the Board of Regulators shall be weighted in accordance with the voting principles of the Council as foreseen in Article 205(2) of the Treaty.
Amendment 200 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. When carrying out the tasks conferred upon it by this Regulation, the Board of Regulators shall act independently and shall not seek or take instructions from any government of a Member State or from any public or private interest.
Amendment 203 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
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.
Amendment 211 #
2007/0197(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Board of Regulators shall provide an opinion to the Director before the adoption ofadopt 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. The Director should execute his/her task in accordance with the decisions of the Board of Regulators, which should be, as far as regulation is concerned, the only decision-making body of the Agency.
Amendment 220 #
2007/0197(COD)
Proposal for a regulation
Article 12 – paragraph 2
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 majority of three quarters of its members.
Amendment 227 #
2007/0197(COD)
Proposal for a regulation
Article 13 – paragraph 1
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 the Commission, any government or from any body.
Amendment 237 #
2007/0197(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Director shall be appointed by the Administrative Board, on the basis of merit as well as skills and experience, from a list of at least two candidates proposed by the Commission, following a call for expression of interest and after requesting the assent of the Board of Regulators by the Board of Regulators. Before appointment, the candidate selected by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members.
Amendment 242 #
2007/0197(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Administrative Board, acting on a proposal from the Commission and after having consulted and given utmost consideration to the opinion of the Board of Regulators, taking into account the evaluation report and only in those cases where it can be justified by the duties and requirements of the Agency, may extend the term of office of the Director once for not more than three years.
Amendment 251 #
2007/0197(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Director may be removed from office only upon a decision by the Administrative Board, after consultinghaving the assent of the Board of Regulators. The Administrative Board shall reach this decision on the basis of a majority of three quarters of its members.
Amendment 259 #
2007/0197(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
Amendment 261 #
2007/0197(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Director adoptsshall execute the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject to the assent of the Board of Regulatorsafter their adoption by the Board of Regulators according to Article 12 (1).
Amendment 272 #
2007/0197(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The members of the Board of Appeal shall be appointed by the Administrative Board, based on a proposal from the Commission, and the European Parliament following a call for expression of interest, after consultation of the Board of Regulators.
Amendment 286 #
2007/0197(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The Staff Regulations of Officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these staff regulations and conditions of employment shall apply to the staff of the Agency. In accordance with Article 13 (1), the application of the Staff Regulations shall not compromise the exclusive powers of the Administrative Board and the Board of Regulators as regards instructions to the Director.
Amendment 40 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 4
Recital 4
(4) The Communication of the Commission of 10 January 2007 entitled "An Energy Policy for Europe" highlighted the importance of completing the internal market in natural gas and of creating a level playing field for all gas companies established in the Community. The Internal Energy Market Communication and the final Report on the Competition Sectoral Enquiry showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. On the other hand, the final Report on the Competition Sectoral Enquiry and the impact assessment produced to support the third legislative package on the internal energy market provided no convincing evidence that made it possible to establish the best or only way to improve the way that market works.
Amendment 45 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Without effective separation of networks from activities of production and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. Should the national regulatory authority set a low level of remuneration, this would lead to a decrease in investment. On the other hand, should it set a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it would automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.
Amendment 48 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) It was not possible for the impact assessment submitted to demonstrate conclusively that there was a causal connection in the energy sector between discrimination over access and ownership structure, between the volume of investment and ownership structure or between pricing and ownership structure. The empirical data available suggest, rather, that there is a causal connection between all these points and efficient regulation.
Amendment 50 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) Only tThe removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the most effective and stablone way to solve the inherent conflict of interest and to ensure security of supply. For this reason, t. The European Parliament, in its Rresolution on Pprospects for the internal gas and electricity market, adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, , considered moreover that the application of further unbundling measures for the gas sector is not straightforward, and therefore urged the development of specific solutions to enable this sector to achieve the completion of the internal gas market, taking into accountrol over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking the differences between the upstream and downstream markets.
Amendment 51 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Any system to be implemented should be effective in removing any conflict of interests between generators and transmission system operators, and should not create an onerous and cumbersome regulatory regime for national regulatory authorities that would be difficult and expensive to implement.
Amendment 56 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 7 b (new)
Recital 7 b (new)
(7b) In its resolution of 10 July 2007 on the 'prospects for the internal gas and electricity market', the European Parliament recognised 'that the application of further unbundling measures for the gas sector is not straightforward' and that there was therefore a need for 'the development of specific solutions (…) taking into account the differences between the upstream and downstream markets'. Similarly, the European Council, meeting in Brussels on 8 and 9 March 2007, called upon the Commission to take account of the differences between electricity and gas. The differences arise in particular from the fact that gas mainly, and increasingly, has to be imported from countries outside Europe, whereas electricity is produced in Europe itself.
Amendment 58 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 8
Recital 8
(8) Since ownership unbundling requires, in some instances, the restructuring of undertakings, Member States should be granted additional time to apply the relevant provisions. In view of the vertical links between the electricity and gas sectors, the unbundling provisions should apply, moreover, across the two sectors.
Amendment 60 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
Amendment 64 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 10
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.
Amendment 68 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 11
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 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 withvarious options.
Amendment 70 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 11
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 and, as a derogation,, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation 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 generation business, provided that the requirements resulting from ownership unbundling are complied with.
Amendment 73 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to develop competition on the internal market for gas, non- household customers should be able to choose their suppliers as well as to contract for their gas requirements with several suppliers. Consumers should be protected against exclusivity clauses in contracts whose effect is to exclude competing and/or complementary offers.
Amendment 77 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.
Amendment 82 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Full separation of network and supply activities should apply throughout the Community, so that any network operator in the Community or its affiliated companies should be prevented from having any supply or production activities in any Member State. This should apply equally to EU and non-EU companies. To ensure that network and supply activities throughout the Community are kept separate, regulatory authorities should be empowered to refuse certification to transmission system operators that do not comply with the unbundling rules. To ensure a consistent application across the Community and the respect of the international obligations of the Community, the CommissionAgency for the Cooperation of Energy Regulators ("Agency") should have the right to review the decisions on certification taken by the regulatory authorities.
Amendment 84 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) The safeguarding of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the EU gas market. Use of the network is essential for gas to reach EU citizens. Functioning gas markets and in particular the networks and other assets associated with gas supply are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Community. It is only long afterwards that misrouting in this field becomes apparent. Without prejudice to the international obligations of the Community, the Community considers that the gas transmission system sector is of high importance to the Community and therefore additional safeguards are necessary regarding the influence of third countries in order to avoid any threats to Community public order and public security and the welfare of the citizens of the Community. Such measures are also necessary for ensuring compliance with the rules on effective unbundling.
Amendment 89 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
Amendment 102 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 21
Recital 21
(21) The internal gas market is suffering from a lack of liquidity and transparency hindering the efficient allocation of resources, risk hedging and new entry. Trust in the market, its liquidity and the number of market participants need to increase, and therefore regulatory oversight over undertakings active in the supply of gas need to be increased. Such requirements should be without prejudice to, and compatible with, the existing Community legislation on financial markets. Energy Regulators and Financial Market Regulators need to cooperate in order to enable each other to have an overview of the markets concerned.
Amendment 107 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
Amendment 116 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 25
Recital 25
(25) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and regional level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.
Amendment 120 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 25 a (new)
Recital 25 a (new)
(25a) The development of a European grid should be the goal of this Directive and to this end regulatory issues on cross- border interconnections and regional markets should be the responsibility of the Agency.
Amendment 149 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Article 1 – point 1 – point (b a) (new)
Directive 2003/55/EC
Article 2 – point 36 a (new)
Article 2 – point 36 a (new)
(ba) the following point shall be added: "36a. 'industrial site' means a privately owned geographical area with a natural gas grid which is primarily destined to supply industrial consumers on this site."
Amendment 156 #
2007/0196(COD)
Recital 21
(21) Further measures should be taken in order to ensure transparent and non- discriminatory tariffs for access to transportation. Those tariffs should be applicable to all users on a non- discriminatory basis. Where a storage facility, linepack or ancillary service operates in a sufficiently competitive flexibility market, access could be allowed on the basis of transparent and non- discriminatory market-based mechanisms.
Amendment 157 #
2007/0196(COD)
Recital 23
(23) Non-discriminatory access to the distribution network determines downstream access to customers at retail level. The scope for discrimination as regards third party access and investment, however, is less significant at distribution level than at transmission level where congestion and the influence of production interests are generally greater than at distribution level. Moreover, legal and functional unbundling of distribution system operators was required, pursuant to Directive 2003/55/EC, only from 1 July 2007 and its effects on the internal market in natural gas still need to be evaluated. The rules on legal and functional unbundling currently in place can lead to effective unbundling provided they are more clearly defined, properly implemented and closely monitored. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to household and small non-household customers. Attention should be paid to the limited staff and financial resources of small distribution system operators when taking regulatory action.
Amendment 158 #
2007/0196(COD)
Recital 24
(24) Efficient small distribution system operators play a significant role in widening the range of suppliers and bringing the supply of European electricity closer to the citizen. Independent decentralised structures thus enhance competition and the quality of supply. To avoid imposing any future disproportionate financial and administrative burden on small distribution system operators, Member States should be ablethese structures, Member States should be able to allow them some regulatory leeway and, where necessary, to exempt such companies from the legal distribution unbundling requirements.
Amendment 160 #
2007/0196(COD)
Recital 29
(29) Energy regulators should have the power to issue binding decisions ion relation to natural gas undertakings and tosystem operators and to propose to a competent court or impose effective, approportionriate and dissuasive penalties on natural gas undertakingsanctions on system operators which fail to comply with their obligations or to propose that a competent court impose such penalties on them. Regulatory authorities should also be granted the power to decide, irrespective of the application of competition rules, on appropriate measures promoting effective competition necessary for the proper functioning of the internal market in natural gas. The establishment of gas-release programmes is one of the possible measures that can be used to promote effective competition and ensure the proper functioning of the market. Energy regulators should also be granted the powers to contribute to ensuring high standards of public service in compliance with market opening, to the protection of vulnerable customers, and to the full effectiveness of consumer protection measures. Those provisions should be without prejudice to both the Commission’s powers concerning the application of competition rules including the examination of mergers with a Community dimension, and the rules on the internal market such as the free movement of capital. The regulators should also be granted the power to decide on appropriate measures for access to the systems with the aim of promoting effective competition necessary for the proper functioning of the market.
Amendment 161 #
2007/0196(COD)
Article 2 – point 36 a (new)
(36a) ‘industrial site’ means a privately owned geographical area with a natural gas network managed by one company with a connection to the transmission or distribution network: (a) which predominantly supplies the industrial activities of the network operator or of connected undertakings, or (b) which supplies a limited number of industrial consumers or customers linked with the industrial activities on the industrial site.
Amendment 162 #
2007/0196(COD)
Article 9 – paragraph 8 – subparagraph 2 - introductory part
In such case, the Member State concerned shall from [date of transposition of this Directive plus one year, i.e. 30 months after the date of entry into force of this Directive] either:
Amendment 163 #
2007/0196(COD)
Article 15 – paragraph 1
1. A transmission system owner, where an independent system operator has been appointed, and a storage system operator which are part of vertically integrated undertakings shall be independent at least in terms of their legal form, organisation and decision making from other activities not relating to transmission, distribution and storage. This Article shall apply only to storage facilities that are technically and/or economically necessary for providing efficient access to the system for the supply of customers pursuant to Article 32.
Amendment 164 #
2007/0196(COD)
Article 17 – paragraph 1 – point c – introductory part
(c) leasing of personnel and rendering of services, to and from any other parts of the vertically integrated undertaking shall be prohibited if they lead to a conflict of interest between the system operation and production or trade. A transmission system operator may, however, render services to the vertically integrated undertaking as long as:
Amendment 165 #
2007/0196(COD)
Article 17 – paragraph 1 – point d
(d) without prejudice to the decisions of the Supervisory Body under Article 20, appropriate financial resources for future investment projects and/or for the replacement of existing assets shall be madekept available to the transmission system operator in due timenotably by the vertically integrated undertaking following an appropriate request from the transmission system operator if based on the procedure described in Article 22(6a) and within the framework of the annual and longer term financial plans referred to in Article 20.
Amendment 166 #
2007/0196(COD)
Article 17 – paragraph 2 – point e
(e) the operation, maintenance and development of a secure, efficient and economic transmission system;
Amendment 167 #
2007/0196(COD)
Article 17 – paragraph 2 – point h
(h) all corporate services, including legal services, accountancy and IT services limited to services with discriminatory potential in accordance with Article 17(1)(c).
Amendment 168 #
2007/0196(COD)
Article 17 – paragraph 5
Amendment 169 #
2007/0196(COD)
Article 18 – paragraph 1 – point b
(b) the power to raise money on the capital market in particular through borrowing and capital increase. In so doing, operators shall be guided by the financial plan and upper debt limits.
Amendment 170 #
2007/0196(COD)
Article 19 – paragraph 3 – subparagraph 1
3. No professional position or responsibility, interest or business relationship, directly or indirectly, with the vertically integrated undertaking or any relevant part of it or its relevant controlling shareholders other than the transmission system operator shall be exercised for a period of three years before the appointment of the persons responsible for the management and/or members of the administrative bodies of the transmission system operator who are subject to this subparagraph.
Amendment 170 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/55/EC
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 171 #
2007/0196(COD)
Article 19 – paragraph 4
4. The persons responsible for the management and/or members of the administrative bodies, and employees of the transmission system operator shall have no other professional position or responsibility, interest or business relationship, directly or indirectly, with any other part of the vertically integrated undertaking or with its relevant controlling shareholders if they lead to a conflict of interest between the system operation and production or trade.
Amendment 172 #
2007/0196(COD)
Article 19 – paragraph 7
7. After termination of their term of office in the transmission system operator, the persons responsible for its management and/or members of its administrative bodies shall have no professional position or responsibility, interest or business relationship with any part of the vertically integrated undertaking other than the transmission system operator, or with its controlling shareholders for a period of not less than four years, if they lead to a conflict of interest between the system operation and production or trade.
Amendment 173 #
2007/0196(COD)
Article 20 – paragraph 1
1. The transmission system operator shall have a Supervisory Body which shall be in charge of taking decisions which may have a significant impact on the value of the assets of the shareholders within the transmission system operator, in particular decisions regarding the approval of the annual and longer-term financial plans, the level of maximum indebtedness of the transmission system operator and the amount of dividends distributed to shareholders. The decisions falling under the remit of the Supervisory Body shall exclude those that are related to the day to day activities of the transmission system operator and management of the network, and in relation to activities necessary for the preparation of the 10-year network development plan developed pursuant to Article 22.
Amendment 174 #
2007/0196(COD)
Article 20 – paragraph 3
3. The first subparagraph of Article 19(2), the first subparagraph of Article 19(3) and Article 19(4) to (7) shall apply to aAt least half of the members of the Supervisory Body minplus one. Point (a) of the second subparagraph of Article 19(2) shall apply to all the members of the Supervisory Body shall be representative of the vertically integrated undertaking.
Amendment 176 #
2007/0196(COD)
Article 22 – paragraph 5
5. The regulatory authority shall examine whether the 10-year network development plan in the limits of financial reasonability covers all investment needs identified during the consultation process, and whether it is consistent with the non- binding Community -wide 10 -year network development plan referred to in Article 8(3)(b) of Regulation (EC) No …/…repealing Regulation (EC) No 1775/2005. If any doubt arises as to the consistency with the non -binding Community -wide 10 -year network development plan, the regulatory authority shall consult the Agency. The regulatory authority may require the transmission system operator to amend its plan. ________________________________________ * OJ: Please insert the number of the Regulation which is contained in 14548/08 and the transmission system operator.
Amendment 177 #
2007/0196(COD)
Article 22 – paragraph 6 a (new)
6a. Investment decisions of the transmission system operator shall be launched, in the framework of the annual and longer term financial plans referred to in Article 20, after a prior assessment on proven capacity needs of the market and the availability of each interested stakeholder to support economically and financially the necessary investments. This goal can be achieved through an open season procedure.
Amendment 178 #
2007/0196(COD)
Article 22 – paragraph 7 - introductory part
7. In circumstances where the transmission system operator, other than for overriding reasons beyond its control, does not execute an investment, which, under the 10 -year network development plan, was to be executed in the following three years, Members States shall ensure that, in the framework of the annual and longer term financial plans referred to in Article 20, the regulatory authority is required to take at least one of the following measures to ensure that the investment in question is made if such investment is still relevant on the basis of the most recent 10 -year network development plan:
Amendment 179 #
2007/0196(COD)
Article 22 – paragraph 7 – subparagraph 1 – point c
(c) to obligecall on the transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.
Amendment 180 #
2007/0196(COD)
Article 26 a (new)
Article 26a 1. Member States may exempt industrial sites from Articles 4 and 7, Article 8(1) and (2), Articles 9 and 11, Article 12(5), Articles 13, 17 and 18, Article 23(1) and/or Article 24 of this Directive. 2. Third-party access shall not be affected by the exemptions referred to in paragraph 1. Customers on industrial sites shall be able freely to choose their energy supplier, having resort to the national regulator in the event of a disagreement with the network operator.
Amendment 181 #
2007/0196(COD)
Article 35 – paragraph 2
2. Paragraph 1 shall apply also to significant increases of capacity in existing infrastructures and to modifications of such infrastructures which make available additional gas quantities from existing sources or enable the development of new sources of gas supply.
Amendment 182 #
2007/0196(COD)
Article 35 – paragraph 8 – subparagraph 5
The Commission’s approval of an exemption decision shall lose its effect two years from its adoption in the event that construction of the infrastructure has not yet started, and five years from its adoption in the event that the infrastructure has not become operationalif the infrastructure has not become operational five years after all national and regional decisions and authorisations have been issued, unless the delay is due to circumstances beyond control of the person to whom the exemption has been granted.
Amendment 183 #
2007/0196(COD)
Article 35 – paragraph 9
9. The Commission may adopt guidelines for the application of the conditions laid down in paragraph 1 of this Article and to set out the procconditions of an exemption approval granted under this Article shall not be changedu re to be followed for the application of paragraphs 3, 5, 7 and 8 of this Article. Those measures, designed to amend non essential eltrospectively without the agreements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 50(3)all parties concerned.
Amendment 184 #
2007/0196(COD)
Article 38 – paragraph 5 a (new)
5a. Paragraphs 4 and 5 shall be without prejudice to the constitutional requirements of the Member State’s administrative organisation.
Amendment 185 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5a – paragraph 4
Article 5a – paragraph 4
Amendment 186 #
2007/0196(COD)
Article 40 – paragraph 1 – point k
(k) monitoring and reviewing the access conditions to storage, linepack and other ancillary services as provided for in Article 32. In the event that the access regime to storage is defined according to Article 32(3), thatis task shall exclude the reviewing of the access conditions to storage, linepack and other ancillary services, including tariffs;
Amendment 187 #
2007/0196(COD)
Article 40 – paragraph 1 – point o
Amendment 188 #
2007/0196(COD)
Article 40 – paragraph 4 – introductory part
4. Member States shall ensure that regulatory authorities and/or competition authorities are granted the powers enabling them to carry out the duties referred to in paragraphs 1, 3 and 6 in an efficient and expeditious manner. For this purpose, the regulatory and/or competition authorityies shall have at least the following powers:
Amendment 190 #
2007/0196(COD)
Article 40 – paragraph 4 – point b
(b) to carry out investigations into the functioning of the gas markets, and to decide upon and impose any necessary and proportionate measures necessary to carry out their duties as stated in paragraphs 1 and 3 in order to promote effective competition and ensure the proper functioning of the market. Where appropriate, the regulatory authority shall also have the power to cooperate with the national competition authority or the Commission in conducting an investigation relating to competition law;
Amendment 190 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5b
Article 5b
1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical2. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States, the Commission may designate, in agreaement with all Member States covncerned by, a regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No 1775/2005. rdinator. 3. The regional coordinator shall promote at regional level the cooperation of national regulatory authorities and other competent public authorities, network operators, gas 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 their 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.
Amendment 191 #
2007/0196(COD)
Article 40 – paragraph 8
8. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs and methodologies referred to in this Article, to ensure that they are proportionate and applied in a non discriminatory manner. In the event that the access regime to storage is defined according to Article 32(3), this task shall exclude the modification of tariffs.
Amendment 192 #
2007/0196(COD)
Article 40 – paragraph 8
8. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs and methodologies referred to in this Article, to ensure that they are proportionate and applied in a non-discriminatory manner. In the event that the access regime to storage is defined according to Article 32(3), this task shall exclude the modification of tariffs.
Amendment 193 #
2007/0196(COD)
Article 51 – paragraph 3
3. The Commission shall, by …*, no later than [five years after entry into force of this Directive] submit, as part of the general review, to the European Parliament and the Council, a detailed specific report outlining the extent to which the unbundling requirements under Chapter IV have been successful in ensuring full and effective independence of transmission system operators, using effective and efficient unbundling as a benchmark. __________________________________ * OJ: Please insert the date two years after the date referred to in the first subparagraph of Article 53(1), i. e. 42 months after the entry into force of this Directive.
Amendment 199 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph –1 (new)
Article 7 – paragraph –1 (new)
"–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 must comply with the provisions of Article 7(1)(a) to (d) or Article 9 or Article 9b."
Amendment 220 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7a
Article 7a
Amendment 225 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7b – paragraph 13
Article 7b – paragraph 13
Amendment 233 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/55/EC
Article 8 – paragraph 1 – point (a)
Article 8 – paragraph 1 – point (a)
a) ) operate, maintain and develop under economic conditions secure, reliable and efficient transmission, storage and/or LNG facilities, with due regard to the environment, and promote energy efficiency and research and innovation notably with respect to ensuring penetration of renewables and dissemination of low carbon technology.
Amendment 238 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 c (new)
Article 1 – point 6 c (new)
Directive 2003/55/EC
Article 8 – paragraphs 4 a to 4 h (new)
Article 8 – paragraphs 4 a to 4 h (new)
Amendment 240 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 d (new)
Article 1 – point 6 d (new)
Directive 2003/55/EC
Article 8 a (new)
Article 8 a (new)
Amendment 241 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9
Article 9
Amendment 249 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Article 9a
Amendment 281 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 10 – point (c)
Article 1 – point 10 – point (c)
Directive 2003/55/EC
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the distribution system operator is part of a vertically integrated undertaking, Member States shall ensure that the activities of the distribution system operator isare monitored so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication and brandingctivities, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.
Amendment 284 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 10 – point (c)
Article 1 – point 10 – point (c)
Directive 2003/55/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 286 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 10 – point (c a) (new)
Article 1 – point 10 – point (c a) (new)
Directive 2003/55/EC
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
ca) The following paragraph 4a is added: ‘4a. Member States shall have the right to decide whether to apply paragraphs 1 to 4 to integrated natural gas undertakings serving less than 100 000 connected customers or isolated networks.’
Amendment 299 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/55/EC
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Amendment 320 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall apply also to all significant increases of capacity in existing infrastructures and to modifications of such infrastructures which enable the development of new sources of gas supplyincreased and additional quantities.
Amendment 323 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. The regulatory authority referred to in Chapter VIa may, on a case by case basis, decide on the exemptions referred to in paragraphs 1 and 2. Where the infrastructure in question is located in the territory of more than one Member State, the Agency shall exercise the tasks conferred on the regulatory authority by the present Article. The Agency’s decision shall be subject to prior consultation of the relevant regulatory authorities and of the applicant.
Amendment 324 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
An exemption may cover all or merely certain specific parts of, the capacity of the new infrastructure, or of the existing infrastructure with significantly increased capacity.
Amendment 331 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 3 – subparagraph 4
Article 22 – paragraph 3 – subparagraph 4
Before granting an exemption the regulatory authority shall decide upon the rules and mechanisms for management and allocation of capacity, which may, if necessary, be amended during the period in which the infrastructure is exempted from the above-mentioned provisions, in order to make adjustments to economic and market-relevant needs. The rules shall require that all potential users of the infrastructure are invited to indicate their interest in contracting capacity before capacity allocation in the new infrastructure, including for own use, takes place. The regulatory authority shall require congestion management rules to include the obligation to offer unused capacity on the market, and shall require users of the facility to be entitled to trade their contracted capacities on the secondary market. In its assessment of the criteria referred to in paragraph 1(a), (b) and (e) of this Article, the regulatory authority shall take into account the results of that capacity allocation procedure, where third parties have indicated a firm commitment.
Amendment 340 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Within two months after receiving a notification, the Commission may take a decision requiring the regulatory authority to amend or withdraw the decision to grant an exemption. That period shall begin on the day following the receipt of the notification. The two month period may be extended by two additional months where additional information is sought by the Commission. That period shall begin on the day following the receipt of the complete additional information. The two month period can also be extended with the consent of both the Commission and the regulatory authority. Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of that period, either the period has been extended with the consent of both the Commission and the regulatory authority, or the regulatory authority, in a duly reasoned statement, has informed the Commission that it considers the notification to be complete. The regulatory authority shall comply with the Commission decision to amend or withdraw the exemption decision within a period of four weeks and shall inform the Commission accordingly. The Commission shall preserve the confidentiality of commercially sensitive informationWhere the infrastructure in question is on the territory of more than one Member State, examination of the Agency's decision by the Commission shall not be necessary. The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operational.
Amendment 347 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operational . if construction of the infrastructure has not yet started two years after all necessary decisions and authorisations from the national or regional authorities have been issued. It shall also lose its effect if the infrastructure has not become operational five years after all national and regional authorities decisions and authorisations have been issued. Where the building of a large infrastructure is delayed due to unforeseeable circumstances, the investor shall notify the relevant regulatory authority and may apply an appropriate extension of the above-mentioned time limits.
Amendment 348 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 4
Article 22 – paragraph 5 – subparagraph 4
The Commission's approval of an exemption decision shall lose its effect after two years from its adoption if construction of the infrastructure has not yet started, and after five years if the infrastructure has not become operational five years after all national and regional decisions and authorisations have been issued. Where the building of a large infrastructure is delayed due to unforeseeable circumstances, the investor shall notify the infrastructure has not become operationalnational regulatory authority concerned and may apply for an appropriate prolongation of the above mentioned period.
Amendment 355 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 368 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24b
Article 24b
In carrying out the regulatory tasks specified in this Directive, the regulatory authority shall take all reasonable measures to achieve the following objectives: a) the promotion, in close cooperation with the Agency, regulatory authorities of other Member States and the Commission, of a competitive, secure and environmentally sustainable internal gas market within the Community, and effective market opening for all consumers and suppliers in the Community;order to achieve the objectives of ensuring effective and undistorted competition in the supply of gas and of securing the long-term, efficient and reliable operation of natural gas networks, such networks shall be regulated. Except where other national authorities, in particular competition authorities, are responsible for the tasks specified in this Directive, the regulatory authority shall take all reasonable measures to achieve the following objectives: b) the development of competitive and properly functioning regional markets within the Community in view of the achievement of the objective mentioned in point (a); c) the suppression of re by means of appropriate cross- border striuctions to natural gas trade between Member States, includingures for network access and network use; c) the development of appropriate cross border transmission capacities to meet demand, enhance integration of national markets and to enable unrestrained natural gas flow across the Community; d) ensuring the development of secure, reliable and efficient systems, promoting energy efficiency, system adequacy and research and innovation to meet demandwith a view to suppressing restrictions to natural gas trade between the Member States and guaranteeing a level of interconnection capacities within the region, and twhe development of innovative renewable and low carbon technologies, in both short and long termre appropriate within neighbouring regions, consistent with developing effective competition; e) ensuring that network operators are granted adequate incentives, in both the short and the long term, to increase efficiencies in network performance and foster market integration; f) ensuring the efficient functioning of their national market, and to promote effective competition in cooperation with competition authoritieprompt integration of network users.
Amendment 379 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 - introductory part
Article 24c – paragraph 1 - introductory part
1. The regulatory authority shall have the following duties without prejudice to the competences of other national authorities:
Amendment 382 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (a)
Article 24c – paragraph 1 – point (a)
Amendment 386 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (b)
Article 24c – paragraph 1 – point (b)
(b) cooperating on cross-border issues with the regulatory authority or authorities of those Member States and the Agency;
Amendment 392 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (g)
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;
Amendment 395 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (h)
Article 24c – paragraph 1 – point (h)
h) monitoring the level of transparency, ensuring compliance of natural gas undertakingetwork operators with transparency obligations.
Amendment 397 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i)
Article 24c – paragraph 1 – point (i)
Amendment 402 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i a) (new)
Article 24c – paragraph 1 – point (i a) (new)
"(ia) monitoring the occurrence of restrictive contractual practices, including exclusivity provisions, which may prevent or restrain the choice of non-household customers from contracting simultaneously with more than one supplier; where appropriate, the national regulatory authorities shall inform the national competition authorities of such practices;"
Amendment 403 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (i b) (new)
Article 24c – paragraph 1 – point (i b) (new)
"(ib) recognising contractual freedom with regards to long-term contracts and the possibility to conclude asset-based contracts providing that such contracts are compatible with existing Community legislation;"
Amendment 410 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (l)
Article 24c – paragraph 1 – point (l)
(l) without prejudice to the competence of other national regulatory authorities, ensuring 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.
Amendment 430 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – introductory part
Article 24c – paragraph 3 – introductory part
3. Member States shall ensure that regulatory authorities are granted the powercompetences enabling them to carry out the dutieomply with the tasks referred to in paragraph 1 and 2 in an efficient and expeditious manner. For this purpose, the regulatory authority shall have at least the following powercompetences:
Amendment 435 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (a)
Article 24c – paragraph 3 – point (a)
(a) to issue binding decisions on gas undertakingnetwork operators;
Amendment 437 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
Article 24c – paragraph 3 – point (b)
(b) to carry out in cooperation with the national competition authority investigations of the functioning of gas markets, and to decide, in the absence of violations of competition rules, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper studies on the functioning of thegas market, including gas release programs;
Amendment 442 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
Article 24c – paragraph 3 – point (b)
(b) to carry out in cooperation with the national competition authority investigations of the functioning of gas markets, and to decide, in the absenceevent of violations of competiregulation rules,, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including gas release programsgrid operation;
Amendment 475 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 6
Article 24c – paragraph 6
6. Regulatory authorities shall have the authority to require transmission, storage, LNG and distribution system operators, if necessary, to modify the terms and conditions, including tariffs referred to in this Article, to ensure that they are proportionate and applied in a non- discriminatory manner.
Amendment 485 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 9
Article 24c – paragraph 9
9. Member States shall create appropriate and efficient mechanisms for regulation, control and transparency so as to avoid any abuse of a dominant position, in particular to the detriment of consumers, and any predatory behaviour. These mechanisms shall take account of the provisions of the Treaty, and in particular Article 82 thereof.
Amendment 488 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 12
Article 24c – paragraph 12
12. Decisions taken by regulatory authorities shall be duly reasoned and motivated.
Amendment 494 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 14
Article 24c – paragraph 14
Amendment 497 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24d – paragraph 2
Article 24d – paragraph 2
2. Regulatory authorities shall cooperate at least on a regional level to foster the creation of operational arrangements in order to ensure an optimal management of the network, develop joint gas exchanges and ththe effective allocation of cross-border capacity, and to ensure a minimum level of interconnection capacity within the region to allow forconsistent with promoting effective competition to develop.
Amendment 499 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24d – paragraph 2
Article 24d – paragraph 2
2. Regulatory authorities shall cooperate at least on a regional level to foster the creation of operational arrangements in order to ensure an optimal management of the network, develop joint gas exchanges and the allocation of crossborder capacity, and to ensure a minimumn adequate level of interconnection capacity within the region to allow for effective competition to develop.
Amendment 502 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24d – paragraph 4
Article 24d – paragraph 4
Amendment 503 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24e
Article 24e
1. Any regulatory authority and the Commission may request the opinion of the Agency on the compliance of a decision taken by a regulatory authority with guidelines referred to in this Directive or in Regulation (EC) No 1775/2005. 2. The Agency shall provide its opinion to the regulatory authority which has requested it or to the Commission, respectively, and to the regulatory authority which has taken the decision in question within four months. 3. Where the regulatory authority which has taken the decision does not comply with the Agency’s opinion within four months from the date of receipt, the Agency shall inform the Commission. 4. Any regulatory authority may inform the Commission where it considers that a decision taken by a regulatory authority does not comply with guidelines referred to in this Directive or in Regulation (EC) No 1775/2005 within two months from the date of that decision. 5. Where the Commission, within two months after having been informed by the Agency in accordance with paragraph 3 or by a regulatory authority in accordance with paragraph 4, or on its own initiative within three months from the date of the decision finds that the decision of a regulatory authority raises serious doubts as to its compatibility with guidelines referred to in this Directive or in Regulation (EC) No 1775/2005, the Commission may decide to initiate proceedings. In such a case, it shall invite the regulatory authority and the parties to the proceedings before the regulatory authority to submit comments. 6. Where the Commission has decided to initiate proceedings, it shall, within not more than four months of the date of such decision, issue a final decision: (a) not to raise objections against the decision of the regulatory authority; or (b) requiring the regulatory authority concerned to amend or withdraw its decision if it considers that guidelines have not been complied with. 7. Where the Commission has not taken a decision to initiate proceedings or a final decision within the time-limits set in paragraphs 5 and 6 respectively, it shall be deemed not to have raised objections against the decision of the regulatory authority. 8. The regulatory authority shall comply with the Commission decision to amend or withdraw their decision within a period of two months and shall inform the Commission accordingly. 9. The Commission shall adopt guidelines setting out the details of the procedure to be followed for the application of this Article. This 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 30(3).
Amendment 507 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 1
Article 24f – paragraph 1
1. Member States shall requiredemand that supply undertakings to keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for at least five years, the relevantnecessary data relating to all transactions in gas supply contracts and gas derivatives with wholesale customers and transmission system operators as well as storage and LNG operators.
Amendment 510 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 2
Article 24f – paragraph 2
2. The data shallmay include details on the characteristics of the relevant transactions such as duration, delivery and settlement rules, the quantity, the dates and times of execution and the transaction prices and means of identifying the wholesale customer concerned, as well as specified details of all unsettled gas supply contracts and gas derivatives.
Amendment 512 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 3
Article 24f – paragraph 3
Amendment 516 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 4
Article 24f – paragraph 4
Amendment 520 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24f – paragraph 5
Article 24f – paragraph 5
Amendment 98 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 4
Recital 4
(4) The Communication of the Commission of 10 January 2007 entitled “An Energy Policy for Europe” highlighted the importance of completing the internal market in electricity and of creating a level playing field for all electricity companies established in the Community. The Internal Energy Market Communication and the final Report on the Competition Sectoral Enquiry showed that the present rules and measures do not provide the necessary framework for achieving the objective of a well functioning internal market. Furthermore, the final Report on the Competition Sectoral Enquiry and the impact assessment conducted to support the third legislative package on the internal energy market provided no convincing evidence to make it possible to determine the best or only way to improve the way the internal market works.
Amendment 100 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Without effective separation of networks from activities of generation and supply, there is an inherent risk of discrimination not only in the operation of the network but also in the incentives for vertically integrated companies to invest adequately in their networks. The main motivation for investing is the remuneration received by the operator. If the national regulatory authority sets a low level of remuneration, this will lead to a decrease in investment. On the other hand, if it sets a fair and proportionate level of remuneration, ensuring that revenue covers costs and pays off such investment, it will automatically generate an increase in investment, regardless of whether the network operator belongs to an integrated group. Therefore, the primary major determining factor for investment resides in pricing regulation and in the role and powers of the national regulatory authorities, which should be reinforced in order to complete the internal market to the benefit of the consumer.
Amendment 103 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The impact assessment submitted could not prove beyond doubt that there was a causal link between discrimination regarding access and ownership structure, between investment volume and ownership structure, or between price level and ownership structure. The empirical data points rather more to a causal link between all the above and effective regulation.
Amendment 106 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) Only tThe removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the most effective and stablone of the way tos of solveing the inherent conflict of interest and to ensure security of supply. For this reason, t. The European Parliament in its Rresolution on Pprospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking.
Amendment 109 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
Amendment 116 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 11
Recital 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 and, as a derogation, setting up system operators which are independent from supply and generation 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 generation business, provided that the requirements resulting from ownership unbundling are complied withvarious options.
Amendment 121 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 11
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 and, as a derogation,, effective and efficient unbundling of transmission systems and of transmission system operators, and setting up system operators which are independent from supply and generation 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 generation business, provided that the requirements resulting from ownership unbundling are complied with.
Amendment 124 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
(12) The implementation of effective unbundling should also respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.
Amendment 127 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
(12) The implementation of effective unbundling should respect the principle of non-discrimination between the public and private sectors. To this effect, the same person should not be able to exercise any influence, solely or jointly, over the composition, voting or decision of the bodies of both transmission system operators and supply undertakings. Provided that the Member State in question can demonstrate that this requirement is respected, two distinct public bodies could control on the one hand generation and supply activities and on the other transmission activities.
Amendment 132 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) The safeguarding of energy supply is an essential element of public security and is therefore inherently connected to the efficient functioning of the EU electricity market. Electricity can only reach EU citizens through the network. Functioning electricity markets and in particular the networks and other assets associated with electricity supply are essential for public security, for the competitiveness of the economy and for the well-being of the citizens of the Community. Instances of misrouting are noticeable only long afterwards. Without prejudice to theits international obligations of the Community, the Community considers that the electricity transmission system sector is of high importance to the Community and therefore additional safeguards are necessary regarding the influence of third countries in order to avoid any threats to Community public order and public security and the welfare of the citizens of the Community. Such measures are also necessary for ensuring compliance with the rules on effective unbundling.
Amendment 138 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The internal electricity market is suffering from a lack of liquidity and transparency hindering the efficient allocation of resources, risk hedging and new entry. Trust in the market, its liquidity and the number of market participants need to increase, and therefore regulatory oversight over undertakings active in the supply of electricity need to be increased. Such requirements should be without prejudice to, and compatible with, the existing Community legislation on financial markets. Energy Regulators and Financial Market Regulators need to cooperate in order to enable each other to have an overview over the markets concerned.
Amendment 139 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 20
Recital 20
(20) Prior to adoption by the Commission of guidelines defining further the record keeping requirements, the Agency for the Cooperation of Energy Regulators and the Committee of European Securities Regulators (CESR) should cooperate to investigatecheck and advise the Commission on the content of the guidelines. The Agency and the Committee should also cooperate to further investigate and advise on the question whether transactions in electricity supply contracts and electricity derivatives should be subject to pre and/or post-trade transparency requirements (and, if need be, publishing requirements regarding the data to be retained) and if so what the content of those requirements should be.
Amendment 146 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) In view of the creation of an internal market for electricity, Member States should foster the integration of their national markets and the cooperation of network operators at European and regional levelnational level. Regional integration initiatives are an essential intermediate step in achieving European integration of energy markets, which remains the final objective. The regional level contributes towards accelerating the integration process by making it possible for the actors concerned, particularly the Member States, the national regulatory authorities and the transmission system operators, to cooperate on specific issues.
Amendment 148 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 22 a (new)
Recital 22 a (new)
(22a) Regional coordinators could be appointed to facilitate dialogue between all relevant actors, national authorities, transmission system operators, users, electricity exchanges and other market actors. Their involvement could be particularly beneficial for the planning of cross-border investment. They will report annually to the Commission and the Member States on the progress made and difficulties encountered.
Amendment 155 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 – point (b a) (new)
Article 1 – point 1 – point (b a) (new)
Directive 2003/54/EC
Article 2 – point 34 a (new)
Article 2 – point 34 a (new)
Amendment 157 #
2007/0195(COD)
Recital 21
(21) Non discriminatory access to the distribution network determines downstream access to customers at retail level. The scope for discrimination as regards third-party access and investment, however, is less significant at distribution level than at transmission level where congestion and the influence of generation or supply interests are generally greater than at distribution level. Moreover, legal and functional unbundling of distribution system operators was required, pursuant to Directive 2003/54/EC, only from 1 July 2007 and its effects on the internal market in electricity still need to be evaluated. The rules on legal and functional unbundling currently in place can lead to effective unbundling provided they are more clearly defined, properly implemented and closely monitored. To create a level playing field at retail level, the activities of distribution system operators should therefore be monitored so that they are prevented from taking advantage of their vertical integration as regards their competitive position on the market, in particular in relation to household and small non-household customers. Attention should be paid to the limited staff and financial resources of small distribution system operators when taking regulatory action.
Amendment 158 #
2007/0195(COD)
Recital 23
(23) Efficient small distribution system operators play a significant role in widening the range of suppliers and bringing the supply of European electricity closer to the citizen. Independent decentralised structures enhance competition and the quality of supply. To avoid imposing any future disproportionate financial and administrative burden on small distribution system operators, Member States should be ablethese structures, Member States should be able to allow them some regulatory leeway and, where necessary, to exempt such companies from the legal distribution unbundling requirements.
Amendment 159 #
2007/0195(COD)
Recital 24
(24) Authorisation procedures should not lead to an administrative burden disproportionate to the size and potential impact of electricity producers and distribution companies.
Amendment 161 #
2007/0195(COD)
Article 2 – point 34 a (new)
34a. 'industrial site' means a privately owned geographical area with a power grid which is primarily designed to supply industrial consumers in that area;
Amendment 162 #
2007/0195(COD)
Article 2 – point 34 b (new)
34b. 'transport infrastructure site' means a geographical area owned by a transport infrastructure company with a power grid which is primarily operated with the purpose of facilitating the operation of the transport infrastructure;
Amendment 163 #
2007/0195(COD)
Article 2 – point 34 c (new)
34c. 'site network' means a geographically connected area with a power grid that is designed to supply a predetermined number of end users in that area, and serves either predominantly to meet these end users' own needs or to facilitate the pursuit of a primary commercial purpose in that area;
Amendment 176 #
2007/0195(COD)
Article 34 – paragraph 5 a (new)
(5a) Paragraphs 4 and 5 shall be without prejudice to the constitutional requirements of the Member State's administrative organisation.
Amendment 178 #
2007/0195(COD)
Article 44 – paragraph 2 a (new)
(2a) The Member States may exempt industrial sites, transport infrastructure sites and site networks from the provisions of Chapters III, IV, V, VI, and VII. The principle of third-party access shall not be affected by such derogations. Furthermore, the derogations may not interfere with the task of public distribution systems.
Amendment 189 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/54/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 197 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/54/EC
Article 5a
Article 5a
1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas b1a. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States the Commission may designate, in agreement with all Member States concerned, a regional coordinator. 1b. The regional coordinator shall promote at a regional level the cooperation of national regulatory authorities and any othe Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions fr 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 at drawing up of their regional interconnection plan and 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 access to the network for cross-border exchanges in electricity." uthorities and other competent national public authorities with the preparation of common allocation and common safeguard mechanisms; (c) annually submit a 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 a progress.
Amendment 224 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 h (new)
Article 1 – point 3 h (new)
Directive 2003/54/EC
Article 7 a (new)
Article 7 a (new)
Amendment 258 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/54/EC
Article 8a
Article 8a
Amendment 266 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/54/EC
Article 8b – paragraph 13
Article 8b – paragraph 13
Amendment 269 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive 2003/54/EC
Article 8b a (new)
Article 8b a (new)
Amendment 282 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 6 g (new)
Article 1 – point 6 g (new)
Directive 2003/54/EC
Article 9 –paragraphs 1a to 1 k (new)
Article 9 –paragraphs 1a to 1 k (new)
Amendment 300 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 a – paragraph 3
Article 10 a – paragraph 3
Amendment 330 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 10 - point (c)
Article 1 – point 10 - point (c)
Directive 2003/54/EC
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the distribution system operator is part of a vertically integrated undertaking, Member States shall ensure that the activities of the distribution system operator isare monitored so that it cannot take advantage of its vertical integration to distort competition. In particular, vertically integrated distribution system operators shall not, in their communication and branding, create confusion in respect of the separate identity of the supply branch of the vertically integrated undertaking.
Amendment 334 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 10 - point (c)
Article 1 – point 10 - point (c)
Directive 2003/54/EC
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 338 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 10 - point (c)
Article 1 – point 10 - point (c)
Directive 2003/54/EC
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
"(4a) Member States shall have the discretion to decide whether paragraphs 1-4 should not apply to integrated electricity undertakings which supply fewer than 100 000 connected customers or isolated networks."
Amendment 359 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22b
Article 22b
In carrying out the regulatory tasks specified in this Directive, the regulatory authority shall take all reasonable measuorder to ensure effective and undistorted competition in electricity supply and to ensure that energy supply networks operate in a manner which is gearesd to achieve the following objectives: (a) the promotion, in close cooperation with the Agency, regulatory authorities of other Member States and the Commission, of a competitive, secure and environmentally sustainable internal electricity market within the Community, and effective market opening for all consumers and suppliers in the Community;the long term, effective and reliable, electricity networks shall be regulated. In so far as other national authorities, particularly competition authorities, are not empowered to perform the tasks indicated in this directive, the regulatory authority shall take all reasonable measures to achieve the following objectives: (ba) the development of competitive and properly functioning regional markets within the Community in view of the achievement of the objective mentioned in point (a); (c) the suppression of restrictions to electricity trade between Member States, including the development of appropriate cross border transmission capacities to meet demand, enhance integration of national markets and to enable unrestrained electricity flow across the Community; (d) ensuring the development of secure, reliable and efficient systems, promoting energy efficiency, system adequacy, and research and innovation to meet demand and the development of innovative renewable and low carbon technologies, in both short and long termwith a view to effective opening of the market for all consumers and suppliers by means of appropriate cross-border network access and network utilisation structures; (b) the development of appropriate cross border transmission capacities to meet demand, enhance integration of national markets in order to suppress restrictions on electricity trade between Member States and ensuring a level of interconnection capacity within the region and, where appropriate, neighbouring regions designed to enable effective competition to develop; (ec) ensuring that network operators are granted adequate incentives, in both the short and the long term, to increase efficiencies in network performance and foster market integration; (fd) ensuring the efficient functioning of their national market, and to promote effective competition in cooperation with competition authoritieearly involvement of network users.
Amendment 378 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 - introductory part
Article 22c – paragraph 1 - introductory part
1. TWithout prejudice to the competences of other national authorities, the regulatory authority shall have the following duties:
Amendment 400 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (h)
Article 22c – paragraph 1 – point (h)
(h) monitoring the level of transparency, ensuring compliance of electricity undertakingnetwork operators with transparency obligations which are relevant to the network;
Amendment 404 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (i)
Article 22c – paragraph 1 – point (i)
Amendment 415 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (k)
Article 22c – paragraph 1 – point (k)
(k) without prejudice to the competence of other national regulatory authorities, ensuring high standards of universal and public service for electricity, the protection of vulnerable customers, and that consumer protection measures set out in Annex A are effective;
Amendment 445 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – introductory part
Article 22c – paragraph 3 – introductory part
(3) Member States shall ensurguarantee that regulatory authorities are granted the powers enabling them to carry out the duties referred to in paragraph 1 and 2 in an efficient and expeditious manner. For this purpose, the regulatory authority shall have at least the following powers:
Amendment 446 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (a)
Article 22c – paragraph 3 – point (a)
(a) to issue binding decisions on electricity undertakingnetwork operators;
Amendment 450 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (b)
Article 22c – paragraph 3 – point (b)
(b) to carry out in cooperation with the national competition authority investigations of the functioning of electricity markets, and to decide, in the absence of violations of competition rules, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including virtual power plants;.
Amendment 489 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 9
Article 22c – paragraph 9
9. Member States shall create appropriate and efficient mechanisms for regulation, control and transparency so as to avoid any abuse of a dominant position, in particular to the detriment of consumers, and any predatory behaviour. These mechanisms shall take account of the provisions of the Treaty, and in particular Article 82 thereof.
Amendment 498 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 14
Article 22c – paragraph 14
Amendment 505 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22d - paragraph 2
Article 22d - paragraph 2
2. Regulatory authorities shall cooperate at least on a regional level to foster the creation of operational arrangements in order to ensure an optimal management of the network, develop joint electricity exchanges and the allocation ofeffective cross- border capacity, and to ensure a minimumcertain level of interconnection capacity within the region to allow forhat can enable effective competition to develop. These arrangements should facilitate the development of joint electricity exchanges.
Amendment 521 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22f – paragraph 1
Article 22f – paragraph 1
1. Member States shall require supply undertakings to keep at the disposal of the national regulatory authority, the national competition authority and the Commission, for at least five years, the relevantnecessary data relating to all transactions in electricity supply contracts and electricity derivatives with wholesale customers and transmission system operators.
Amendment 524 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22f – paragraph 2
Article 22f – paragraph 2
2. The data shallmay include details on the characteristics of the relevant transactions such as duration, delivery and settlement rules, the quantity, the dates and times of execution and the transaction prices and means of identifying the wholesale customer concerned, as well as specified details of all unsettled electricity supply contracts and electricity derivatives.
Amendment 526 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22f – paragraph 3
Article 22f – paragraph 3
Amendment 532 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22f – paragraph 4
Article 22f – paragraph 4
Amendment 536 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22f – paragraph 5
Article 22f – paragraph 5
Amendment 542 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Directive 2003/54/EC
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
Amendment 557 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 15
Article 1 – point 15
Directive 2003/54/EC
Annex A – point (i)
Annex A – point (i)