Activities of Gabriele ALBERTINI
Plenary speeches (30)
Rights of passengers in bus and coach transport (A6-0250/2009, Gabriele Albertini)
Earthquake in the Abruzzo Region of Italy (debate)
Rights of passengers when travelling by sea and inland waterway - Rights of passengers in bus and coach transport (debate)
Rights of passengers when travelling by sea and inland waterway - Rights of passengers in bus and coach transport (debate)
European rail network for competitive freight (debate)
Crises in the car industry (debate)
Sustainable European transport policy, taking into account European energy and environment policies (debate)
Sustainable European transport policy, taking into account European energy and environment policies (debate)
Shipping disaster in the Sea of Asov/Black Sea and the subsequent oil pollution (debate)
Public passenger transport services by rail and road (debate)
Development of the Community's railways Certification of train drivers operating locomotives and trains on the railway system in the Community International rail passengers' rights and obligations (continuation of debate)
Support for the establishment of a European Day of Remembrance for the Righteous (written declaration)
Question Hour with the President of the Commission
Main aspects of the common foreign and security policy and the common security and defence policy - Situation in Syria and in Camp Ashraf - Report: Albertini - Annual report from the Council to Parliament on the main aspects of CFSP in 2009 - Report: Gualtieri - Development of CSDP following the entry into force of the Lisbon Treaty - Report: Muñiz De Urquiza - The EU as a global actor: its role in multilateral organisations (debate)
Main aspects of the common foreign and security policy and the common security and defence policy - Situation in Syria and in Camp Ashraf - Report: Albertini - Annual report from the Council to Parliament on the main aspects of CFSP in 2009 - Report: Gualtieri - Development of CSDP following the entry into force of the Lisbon Treaty - Report: Muñiz De Urquiza - The EU as a global actor: its role in multilateral organisations (debate)
Main aspects of the common foreign and security policy and the common security and defence policy - Situation in Syria and in Camp Ashraf - Report: Albertini - Annual report from the Council to Parliament on the main aspects of CFSP in 2009 - Report: Gualtieri - Development of CSDP following the entry into force of the Lisbon Treaty - Report: Muñiz De Urquiza - The EU as a global actor: its role in multilateral organisations (debate)
Main aspects of the common foreign and security policy and the common security and defence policy - Situation in Syria and in Camp Ashraf - Report: Albertini - Annual report from the Council to Parliament on the main aspects of CFSP in 2009 - Report: Gualtieri - Development of CSDP following the entry into force of the Lisbon Treaty - Report: Muñiz De Urquiza - The EU as a global actor: its role in multilateral organisations (debate)
Main aspects of the common foreign and security policy and the common security and defence policy - Situation in Syria and in Camp Ashraf - Report: Albertini - Annual report from the Council to Parliament on the main aspects of CFSP in 2009 - Report: Gualtieri - Development of CSDP following the entry into force of the Lisbon Treaty - Report: Muñiz De Urquiza - The EU as a global actor: its role in multilateral organisations (debate)
Annual report from the Council to Parliament on the main aspects and basic choices of the common foreign and security policy (CFSP) in 2009 (A7-0168/2011, Gabriele Albertini) (vote)
Annual report from the Council to Parliament on the main aspects and basic choices of the common foreign and security policy (CFSP) in 2009 (A7-0168/2011, Gabriele Albertini) (vote)
Annual report from the Council to Parliament on the main aspects and basic choices of the common foreign and security policy (CFSP) in 2009 (A7-0168/2011, Gabriele Albertini) (vote)
Annual report from the Council to Parliament on the main aspects and basic choices of the common foreign and security policy (CFSP) in 2009 (A7-0168/2011, Gabriele Albertini) (vote)
Agreement between the EC and Pakistan on readmission - Community readmission agreements with third countries (debate)
Annual report on human rights (2008) - EU policies in favour of human rights defenders - Trade in goods used for torture - (debate)
2008 annual report on the CFSP - The implementation of the European Security Strategy and the Common Security and Defence Policy - Non-proliferation Treaty (debate)
2008 annual report on the CFSP - The implementation of the European Security Strategy and the Common Security and Defence Policy - Non-proliferation Treaty (debate)
Implementation of Goldstone recommendations on Israel/Palestine (debate)
Enlargement strategy 2009 concerning the countries of the western Balkans, Iceland and Turkey (debate)
The institutional aspects of the creation of a European external action service - Creation of a European external action service: State of the negotiations with Member States (debate)
Energy security (Nabucco and Desertec) (debate)
Reports (8)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council on the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws PDF (335 KB) DOC (452 KB)
REPORT Report on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of India on certain aspects of air services PDF (133 KB) DOC (63 KB)
REPORT Report on sustainable European transport policy, taking into account European energy and environment policies PDF (227 KB) DOC (187 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1085/2006 establishing an Instrument for Pre-Accession Assistance (IPA) PDF (126 KB) DOC (64 KB)
REPORT on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009, presented to the European Parliament in application of Part II, Section G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 PDF (280 KB) DOC (164 KB)
RECOMMENDATION on the draft Council decision on conclusion of a protocol to the Euro-Mediterranean agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Republic of Bulgaria and of Romania to the European Union PDF (121 KB) DOC (51 KB)
REPORT Report on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2008, presented to the European Parliament in application of Part II, Section G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 PDF (257 KB) DOC (148 KB)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) PDF (129 KB) DOC (68 KB)
Opinions (4)
OPINION on the future of EU budget support to developing countries
OPINION Communication from the Commission to the European Parliament and the Council on Strengthening Chemical, Biological, Radiological and Nuclear Security in the European Union – an EU CBRN Action Plan
OPINION Proposal for a regulation of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers
OPINION Proposal for a Council decision concerning the conclusion of the Agreement between the European Community and Pakistan on readmission
Written declarations (4)
Amendments (185)
Amendment 42 #
2011/2056(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Outlines the importance of bilateral cooperation on raw materials, as demonstrated by the EU and the African Union in June 2010, and encourages further efforts in the context of the Joint Africa-EU Action Plan for 2011-2013; calls for similar cooperation to be developed with other countries that are major producers of critical raw materials; proposes as one of the concrete targets of the raw material diplomacy source- diversification from South-East Asia towards Latin-America and Africa of certain raw materials of which the EU is import dependent;
Amendment 16 #
2011/2024(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the recognition process under the general system and the automatic system based on professional experience is overly cumbersome and time-consuming for both competent authorities and those who pursue certain professionals;
Amendment 33 #
2011/2024(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for further clarification of the concept of temporary and occasional provision of services; argues that competent authorities face difficulties applying the regime and, therefore, calls on the Commission to evaluate the current provisions set out in Article 7 of the directive, specifically those concerning public health and safety, and to evaluate the option of supplementing the above- mentioned provisions of Article 7(1) with a requirement to supply all information on the service provision that is relevant and necessary in order to assess its temporary and occasional nature, providing evidence that the service provider has no criminal convictions, and to present its conclusions to Parliament;
Amendment 39 #
2011/2024(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, moreover, to evaluate the option of supplementing the provisions laid down in the second paragraph of Article 5(2) of the directive with the establishment for all professions of a benchmark proportionate to the number of times a service is provided (or number of days’ work) by local professionals in the host state;
Amendment 43 #
2011/2024(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that compensation measures, which allow competent authorities to impose an aptitude test or an adaptation period of up to three years and play an invaluable role in ensuring consumer and patient safety, can be applied in a disproportionate manner; calls for enhanced transparency of decision-making for professionals and an evaluation of the Code of Conduct to assist competent authoritiesthe protocols concerning recognition procedures for professionals once the specific nature of the individual professions has been evaluated;
Amendment 67 #
2011/2024(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that Member States should regulate professions in a more proportionate manner, with a view to reducing the total number of regulated professions in the EU, setting aside the healthcare sector and the tourism professions, owing to their specific, distinctive and atypical features;
Amendment 71 #
2011/2024(INI)
Motion for a resolution
Paragraph 8 bis (new)
Paragraph 8 bis (new)
8a. Underlines, however, the importance of ensuring that the intellectual professions continue to be regulated, also in order to increase consumer protection;
Amendment 89 #
2011/2024(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Argues that the protection of consumer and patient safety is a vital objective in the context of the revision of the directive; draws attention to the special status of healthcare professionals and calls on the Commission to take into account also all other professions involving citizens and recipients of services;
Amendment 131 #
2011/2024(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that the concept of a voluntary Professional Card, which must be linked to an electronic database such as the IMI, could be a useful tool to aid mobility for some professions, excluding those (professions) for which the application of compensatory measures is required; stresses that any card introduced must meet specific conditions and that the necessary safeguards must be established;
Amendment 139 #
2011/2024(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission, prior to the introduction of any card solely at the request of the representatives of the respective professions, to provide evidence, through a thorough impact assessment, of the possible added value for the recognition process, beyond that provided by an enhanced IMI, of a voluntary card for certain professionals and competent authorities; argues that the impact assessment must address the concerns raised in the consultation and by numerous other stakeholders, assess the merits of an ‘e-card’, provide a cost-benefit analysis, specify its potential features and explain exactly how data protection and consumer safety would be ensured;
Amendment 142 #
2011/2024(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission, prior to the introduction of any card, to provide evidence, through a thorough impact assessment, of the possible added value for the recognition process, beyond that provided by an enhanced IMI, of a voluntary card for certain professionals and competent authorities; argues that the impact assessment must address the concerns raised in the consultation and by numerous other stakeholders, assess the merits of an ‘e-card’, provide a cost-benefit analysis, specify its potential features and explain exactly how data protection and completeness and consumer safety would be ensured, without prejudice to respect for the country of establishment principle;
Amendment 168 #
2011/0402(CNS)
Proposal for a decision
Recital 8
Recital 8
(8) In order to maintain and increase the Union's industrial leadership there is an urgent need to stimulate private sector research and development and innovation investment, promote research and innovation with a business driven agenda and accelerate the development of new technologies which will underpin future businesses and economic growth. Part II "Industrial leadership" should support investments in excellent research and innovation in key enabling technologies and other industrial technologies, facilitate access to risk finance for innovative companies and projects, and provide Union wide support for innovation in small and medium-sized enterprises, primarily by lowering the entry threshold for small and medium-sized enterprises.
Amendment 597 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – paragraph 4
Annex 1 – section 3 – point 1 – paragraph 4
All of these activities will be undertaken in such a way as to provide support throughout the research and innovation cycle, strengthening the competitiveness of the European based industries and SMEs and development of new market opportunities.
Amendment 619 #
2011/0401(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The integrated approach set out in paragraphs 1 and 2 is expected to lead to around 1520 % of the total combined budget for the specific objective on ‘Leadership in enabling and industrial technologies’ and the priority ‘Societal challenges’ going to SMEs.
Amendment 678 #
2011/0401(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
For the purposes of point (a), top-up funding shall be conditional on a significant level of priorprior indicative financial commitments in cash or in kind of the participating entities to the joint calls and actions. The ERA-NET instrument may include an objective to harmonise rules and implementation modalities of the joint calls and actions. It may also be used in order to prepare for an initiative pursuant to Article 185 TFEU.
Amendment 683 #
2011/0401(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 3 – point b
Article 20 – paragraph 2 – subparagraph 3 – point b
(b) clearindicative financial commitments of the participating countries, in cash or in kind including prior commitments to poolalign national and/or regional investments for transnational research and innovation and, where appropriate, to pool resources;
Amendment 226 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of this Regulation an entity which does not have legal personality under the applicable national law is assimilated to a legal entity provided that the conditions set out in Article 114(2)(a) of Regulation (EU) No XX/2012 [the Financial Regulation] and Article 174a of the implementing rules therefore are complied with.
Amendment 399 #
2011/0399(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. A singlThe reimbursement rates of the eligible costs shall be applied per action for all activities funded therein. The maximum rate shall be fixed in the work programme or work planet out in paragraphs 4 and 5 below shall be applied per action depending on the nature of the activity being funded.
Amendment 493 #
2011/0399(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 230% of the total direct eligible costs, excluding direct eligible costs for subcontracting and the costs of resources made available by third parties which are not used on the premises of the beneficiary, as well as financial support to third parties.
Amendment 585 #
2011/0399(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
2. Independent experts shall be chosen on the basis of skills, experience and knowledge appropriate to carry out the tasks assigned to them. When appointing independent experts, the Commission shall seek to achieve a balanced composition within the expert groups in terms of various skills, experience and knowledge, depending on the field of the action and a strong involvement of experts coming from the industry sector. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 35 #
2010/2202(INI)
Motion for a resolution
Recital La (new)
Recital La (new)
La (new). considering the paramount importance for the life of European institutions the implementation and enforcement of the founding principles codified in the European Convention on Human Rights,
Amendment 40 #
2010/2202(INI)
Motion for a resolution
Recital Ma (new)
Recital Ma (new)
Ma (new). Whereas human rights are violated in countries that have recognized the jurisdictions stemming from the International Instruments of Human Rights and in those that disregard those rights historically acquired,
Amendment 91 #
2010/2202(INI)
Motion for a resolution
Paragraph 13a (new)
Paragraph 13a (new)
13a (new). Urges the Commission to finally follow up without delay, with the necessary initiatives and financial commitments, to the 2007 Human Rights Report in which the Parliament considered "non-violence as the most appropriate means of ensuring that fundamental human rights are enjoyed, upheld, promoted and respected" believing that "its promotion should constitute a priority objective in EU human rights and democracy policy";
Amendment 94 #
2010/2202(INI)
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a (new). Urges the Commission and the Council to widely promote within and outside the Union the European Convention on Human Rights also with the aim of educating the public on the existence of jurisdiction of the European Court on Human Rights that can be activated to address and redress the violations suffered by citizens in or by a Member State of the Council of Europe;
Amendment 414 #
2010/2202(INI)
Motion for a resolution
Paragraph 92a (new)
Paragraph 92a (new)
92a (new). Mindful of the still worrying situation of the enjoyment of Human Rights in the African continent and convinced that African States have taken significant steps towards the promotion of the Rule of Law at the continent level with the adoption of the African Charter on Human and Peoples' Rights (also known as the Banjul Charter), the European Parliament decides to set up an ad hoc budget line to support the work of the African Court on Human and Peoples' Rights.
Amendment 120 #
2010/2124(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that effective multilateralism should be the overriding strategic concern of the Union and that, in this context, the EU should take a leading role in international cooperation, facilitate international consensus and advance global action; emphasises the urgent need to address global issues of common concern for EU citizens, such as terrorism, organised crime, energy security, climate change, the achievement of the Millennium Development Goals (MDGs) and the eradication of poverty, the non- proliferation of weapons of mass destruction and disarmament, migration management and the promotion of human rights and civil liberties; takes the view that the EU, in order to speak with a strong single voice on global issues within the UN system, the EU, while retaining its observer status, should be granted complementary rights at the UN as a natural consequence of the entry into force of the Lisbon Treaty; calls on the EU to improve its strategy and tactics for consultations with UN member countries, including by giving clear explanations concernallow the new EU representatives to speak effectively on global issues and while retaining its observer status, should be granted the necessary modalities in the UN General Assembly; to that end, calls on the EU to consult fully and comprehensively with UN member countries; recommends placing the naturissue of the EU and how, on the basis of its Treaty-based powers, it differs from other regional organisations; recommends plac's effective participation ing the issuework of the EU's rights at the UNUN General Assembly high on the agenda for bilateral and multilateral summits with strategic partners; considers it essential to engage with the EU's strategic partners in order to find solutions to major regional and global problems; recommends, furthermore, that strategic partnerships be given a multilateral dimension by including global issues on the agendas for the EU's bilateral and multilateral summits;
Amendment 98 #
2009/2096(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
3a. Member States should be free to decide how revenues generated by the auctioning of aviation sector allowances under the Emissions Trading Scheme are to be used and to consider in this context whether a share of such revenues might be used to finance the implementation of the Single European Sky;
Amendment 38 #
2009/0173(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Manufacturers should have flexibility to decide how to meet their targets under this Regulation and should be allowed to average emissions over their new vehicle fleet rather than having to respect CO2 targets for each individual vehicle. Manufacturers should therefore be required to ensure that the average specific emission for all the new light commercial vehicles registered in the Community for which they are responsible does not exceed the average of the emissions targets for those vehicles. This requirement should be phased in between 20145 and 20168 in order to facilitate its introduction. This is consistent with the lead times given and the duration of the phase-in period set in Regulation 443/2009.
Amendment 41 #
2009/0173(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 58 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, tThis Regulation sets a target of 13560 g CO2/km for the, starting in 2020, as average emissions ofor the new light commercial vehicles registered in the Communityfleet, in accordance with Article 12(4). This Regulation sets a target of 145 g CO2/km, starting in 2025, as average emissions for the new light commercial vehicles fleet, in accordance with Article 12(5).
Amendment 68 #
2009/0173(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) new ‘complete vehicle’ means any vehicle which need not be completed in order to meet the relevant technical requirements of Directive 2007/46/EC.
Amendment 72 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the calendar year commencing 1 January 20145 and each subsequent calendar year, each manufacturer of complete light commercial vehicles shall ensure that its average specific emissions of CO2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation.
Amendment 83 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indents 1, 2 and 3
Article 4 – paragraph 2 – indents 1, 2 and 3
– 765% in 20145, – 8075% in 20156, – 80% from 2017 onwards. – 100% from 20168 onwards As of 1 January 2016, completed vehicles shall also be included in determining each manufacturer’s average specific CO2 emissions.
Amendment 157 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. TBy 2011 the Commission shall by 2015 review the method of determining the specificset up a procedure to obtain representative values of CO2 emissions of CO2and mass of completed vehicles in paragraph 7 of Part B of Annex II and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex IIfor monitoring purposes.
Amendment 168 #
2009/0173(COD)
Proposal for a regulation
Annex 2 – paragraph B – point 7
Annex 2 – paragraph B – point 7
Amendment 40 #
2009/0108(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall ensure the coordinateion of the Competent Authorities at the Community level through the Gas Coordination Group in particular in the case of a Community Emergency.
Amendment 47 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. National Regulatory Authorities shall duly take into account the costs of fulfilling the N-1 standard and the costs of enabling the permanent physical capacity to transport gas in both directions in their approval of tariffs, in a transparent and detailed manner, reflecting costs incurred in a clear and identifiable way and in line with Article 41(8) of Directive […/…EC]. In the case of costs incurred in more than one Member State, the national regulatory authorities of all Member States concerned and ACER shall jointly decide on cost allocation. Article 8(1) of Regulation (EC) No …/… shall apply.
Amendment 52 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, after consulting the Gas Coordination Group, may declare a Community Emergency at the request of one Competent Authority or when the Community loses more than 10% of its daily gas import from third countries as calculated by ENTSO-G. It shall declare a Community Emergency where more than one Competent Authority has declared Emergency following the verification in accordance with Article 9(6). It may declare a Community Emergency for specifically affected geographical regions comprising more than one Member State.
Amendment 54 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In a Community Emergency, the Commission shall coordinate theensure the coordination of the emergency actions of the Competent Authorities. In particular the Commission shall ensure the exchange of information, shall ensure the consistency and effectiveness of the actions at Member State and regional level in relation to the Community level, and shallmay ensure the coordinateion of the actions with regard to third countries. The Commission may convene a crisis management group composed in particular of representatives of the industry and the Member States concerned by the Emergency.
Amendment 59 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
a) Member States shall submit to the Commission the existing inter- governmental agreements concluded with third countries which have an impact on the development of gas infrastructures and supplies; before concluding new inter- governmental agreements, the Member States shall inform the Commission to assess their compliance with the internal market legislation;
Amendment 36 #
2009/0063(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to Article 23 (1) of Regulation 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community.
Amendment 63 #
2009/0063(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
(4a) A modification of the system or the level of security charges decided upon by the airport managing body or any other entity entrusted with the levying and/or collecting of security charges shall, if brought before the independent supervisory authority, not take effect until that authority has examined the matter. The independent supervisory authority shall, within four weeks of the matter being brought before it, take an interim decision on the entry into force of the modification of security charges, unless the final decision can be taken within the same deadline.
Amendment 78 #
2008/2240(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines that the retrofitting of wagons at a reasonable cost presupposes the resolution of the existing technical obstacles as soon as possible and before the adoption of any binding legislative measure;
Amendment 17 #
2008/2239(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the decreasing level of oil and gas prices has a negative effect on the planned investments, making it necessary to support all major infrastructure projects that contribute to the import of significant gas volumes to Europe, diversifying sources, routes and avoiding transit risks,
Amendment 20 #
2008/2239(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Amendment 24 #
2008/2239(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas Europe urgently needs to develop major network investments and to complete the internal energy market, some forward looking initiatives, such as the European transmission system operator and the establishment of a single European gas grid, should be encouraged,
Amendment 31 #
2008/2239(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas to contribute to security of supply objectives, conventional EU indigenous resources must be exploited in countries where they are available in compliance with national and the EU environmental legislation,
Amendment 46 #
2008/2239(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to support all planned investments in new import energy infrastructure and renewable energy technologies to face the decreasing level of oil and gas prices that has a negative effect on the planned investments;
Amendment 51 #
2008/2239(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Invites the Commission to prepare in consultations with all the relevant parties (public authorities and stakeholders), a report presenting different possible future energy scenarios; asks this report to be regularly updated according to both policy objectives and market conditions;
Amendment 58 #
2008/2239(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to contribute to the creation of a single European voice towards third country producers through the development of a virtuous interdependency and to support the strengthening of the EU companies’ trading power towards third countries state-owned companies;
Amendment 60 #
2008/2239(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Asks the Commission to develop a common European voice in external energy relationships by taking advantage of Member States’ and companies’ experience and taking into account the state of the art of already existing political and trading agreements;
Amendment 107 #
2008/2239(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expresses its support to all main gas import pipeline and LNG projects announced and in progress that may contribute to diversify sources and supply routes to Europe;
Amendment 140 #
2008/2239(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Asks Member States and the Commission to consider with due attention some pragmatic forward looking ideas such as the European transmission system operator and the establishment of a single European gas grid;
Amendment 182 #
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 of the principles of the Charter; hopes, by way of example, that the Nabucco gas pipeline project will be carried out in cooperation with Russia in order to avoid competition between two gas pipelines and to be able ultimately to transmit gas from Russia, Iran or the Caspian Seaa complementary way with other necessary projects involving Member States, third Country producers, in order to guarantee gas volumes to the European market;
Amendment 248 #
2008/2239(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers that exploiting indigenous fossil resources, in particular onshore and offshore natural gas fields, may contribute to enhancing Europe’s energy independence and must be developed where available, in compliance to national and European environmental legislation; asks Member States and the Commission to find the right regulatory balance between environmental safeguard and production opportunities in the EU territory both inland and off-shore;
Amendment 13 #
2008/2218(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 19 #
2008/2218(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers the reports of the TEN-T Coordinators as interesting examples for further coordination and integration of a limited choice of important projects; therefore asks the Commission and the Member States to pursue the efforts aimed at the enhancement of the existing priority projects. Medium – long term investment shall be continued in coherence with the objective of completing the whole network;
Amendment 31 #
2008/2218(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Agrees therefore to develop a more realistic network approach with corridors, that will consider the already identified PP in coherence with the EU targets, reflecting the needs for intermodal connections for citizens and freight; emphasises therefore that priority must be given to rail, ports, sustainable maritime and inland waterways and their hinterland connections or intermodal nodes in infrastructure links with and within new Member States;
Amendment 61 #
2008/2218(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and Member States to integrate green corridors, rail freight networks, Trans European Rail Freight Network (TERFN),European Rail Traffic Management System (ERTMS) corridors, maritime "highways", such as short sea shipping, existing waterways with ample square capacity, into an intermodal TEN-T concept, based on planned actions in favour of more environmentally friendly, less oil consuming and safer modes; moreover, calls for consistency between the current and future TEN–T framework and the legislation proposed on rail freight corridors;
Amendment 83 #
2008/2218(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the crucial role of Member States in deciding, planning and financing transport infrastructure, including European cross-border coordination and cooperation; expects more coherence from the European Council between requests for TEN-T projects and decisions on TEN-T budgets; in view of the mid-term revision of the EU Financial Framework and also with regard to the current discussion on the EU Recovery Plan, asks Member States to properly consider the issue of the necessary financial support to the transport infrastructures which are part of the TEN–T network as a priority according to the EU policy so far established;
Amendment 92 #
2008/2218(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reminds the Commission that EU co- financing for transport infrastructure projects by TEN-T, cohesion, regional funds and the EIB must correspond with the following criteria: economic viability, environmental sustainability, transparency for taxpayers and citizen's involvement (partnership principle); besides these criteria, priority for financing should be given to the cross border sections of TEN projects;
Amendment 108 #
2008/2218(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Asks the Commission, in order to boost the competitiveness of the whole rail TEN network, to propose – by the end of its mandate - a legislative initiative concerning the opening of the rail domestic passenger markets as from 1st January 2012;
Amendment 77 #
2008/0247(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
f) "one-stop shop" shall mean the joint entity set up by each infrastructure managers of the freight corridor which offers applicants the opportunity to request in a single place and a single operation a train path for a journey crossing at least one border.
Amendment 92 #
2008/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The creation or modification of a freight corridor shall be proposed by the Member States concerned. For this purpose they shall send the Commission a proposal drawn up with the infrastructure managers concerned, taking into account the criteria set out in the Annex. Interested railway undertakings may participate in the process, whenever substantial investments concern them.
Amendment 125 #
2008/0247(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For each freight corridor the infrastructure managers concerned, as defined in Article 2 of Directive 2001/14/EC and in consultation with the interested railway undertakings, shall create a governance body responsible for defining and steering the performance and updating of the implementation plan for the freight corridor. The governance body shall make regular reports on its activity to the Member States concerned and, where necessary, to the European coordinators of the TEN-T priority projects referred to in Article 17a of Decision No 1692/96/EC of the European Parliament and of the Council involved in the freight corridor.
Amendment 162 #
2008/0247(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. All rRequests for train paths for a freight train crossing at least one border or using several networks along the freight corridor mustay be made to the one-stop shop network referred to in paragraph 1 above.
Amendment 181 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Notwithstanding Article 20(2) of Directive 2001/14/EC, the infrastructure managers of the freight corridor shallmay reserve the capacity needed for priority freight traffic for the coming financial year, prior to the annual exercise to define the working timetable referred to in Article 18 of Directive 2001/14/EC and using as a basis the freight traffic observed and the market study defined in Article 5(1).
Amendment 187 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 204 #
2008/0247(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The infrastructure managers of the freight corridor shallmay draw up and publish the rules of priority between the different types of traffic in the event of traffic disruption in the freight corridor in the network statement referred to in Article 3 of and Annex I to Directive 2001/14/EC.
Amendment 208 #
2008/0247(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 29 #
2008/0237(COD)
Proposal for a regulation – amending act
Recital 2 a (new)
Recital 2 a (new)
(2a) Member States should have the possibility to exempt urban, suburban and regional transport from this Regulation if they ensure a comparable level of passenger rights through alternative regulatory measures. These measures should take into account passenger charters for multimodal public transport networks, which consider the issues set out in Article 1 of this Regulation. The Commission should examine the possibility of establishing a set of common passenger rights for urban, suburban and regional transport, which cover all modes of transport and submit a report to Parliament, accompanied, if appropriate, by a legislative proposal.
Amendment 31 #
2008/0237(COD)
Proposal for a regulation – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) Passengers who have suffered damage as a result of an accident covered by an insurance guarantee shall, in the first instance, submit their claims for damages to the bus and/or coach undertaking as referred to in this Regulation and may apply to the insurance company only if that undertaking fails to take action in the matter.
Amendment 58 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The tortuous liability of bus and/or coach undertakings for damages shall not be subject to any financial limit, be it defined by law, convention or contract
Amendment 59 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 6 – paragraph 3
Article 6 – paragraph 3
3. FWithout prejudice to national liability schemes more favourable for passengers, for any damage up to the amount of EUR 220 000, a bus and/or coach undertaking shall not exclude or limit its liability by proving that it has taken the care required pursuant to paragraph 4a
Amendment 115 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 20 – introductory part
Article 20 – introductory part
Bus and/or coach undertakings shall be liable for cancellations and, where the scheduled duration of a trip exceeds three hours,, overbookings and for delays at departure of more than two hours. In such events the passengers concerned shall at least:
Amendment 117 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 20 – point c a (new)
Article 20 – point c a (new)
(ca) where they choose to accept the alternative transport services offered, have the right to compensation amounting to 50% of the ticket price without losing their right to transport. The ticket price shall be the full cost paid by the passenger for the delayed part of the journey. The compensation shall be paid within one month after the submission of the request for compensation.
Amendment 118 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 20 – point c b (new)
Article 20 – point c b (new)
(cb) be offered meals and refreshments in reasonable relation to the waiting time if they can be reasonably provided;
Amendment 119 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 20 – point c d (new)
Article 20 – point c d (new)
(cd) be offered hotel or other accommodation and transport between the terminal and the place of accommodation in case an overnight stay becomes necessary before the trip can be continued;
Amendment 120 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 20 – point c e (new)
Article 20 – point c e (new)
(ce) where the bus and/or coach becomes inoperable, be offered transport from the location of the inoperational vehicle to a suitable waiting point and/or terminal from where continuation of the journey becomes possible.
Amendment 122 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a In cases other than those covered by paragraph 1, bus and/or coach undertakings shall be liable for delays at arrival of more than two hours, where the delay is due to – the driver's negligence and fault or – a technical failure of the vehicle. In such events the passengers concerned shall at least: (a) have the right to compensation amounting to 50% of the ticket price; the ticket price should be the full cost paid by the passenger for the delayed part of the journey. The compensation shall be paid within one month after the submission of the request for compensation; (b) be offered assistance as referred to in points (e), (f) and (g) of paragraph 1of this Article.
Amendment 72 #
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 0.234, EUR 0.203 and EUR 0.1722 on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively.
Amendment 82 #
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 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.401, EUR 0.379, and EUR 0.347 and for calls received to EUR 0.168, EUR 0.137 and EUR 0.106, on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively.
Amendment 98 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Regulation (EC) No 717/2007
Article 4 b a (new)
Article 4 b a (new)
(7a) the following Article 4ba shall be inserted: "Article 4 ba Review of the application of retail and wholesale charges for regulated roaming calls 1. Subject to the process and conditions set out in this Article, and upon decision by the Commission, the decreases in the maximum retail and wholesale charges from 1 July 2010 set out in Article 4(2) shall not enter into force in the event that the share of the Community-wide used voice roaming minutes (as blended for calls made and calls received) at competitive tariffs exceeds 50% of all Community-wide voice roaming minutes for calls made and calls received during a reference period of six months monitored by the national regulatory authorities pursuant to Article 7(3). The first reference period shall cover the period from 1 April 2009 to 1 October 2009. All roaming tariffs other than the Eurotariff and Eurotariffs (as blended for calls made and calls received) which are more than 10% below the maximum applicable retail charges set out in Article 4(2) (as blended for calls made and calls received on the basis of actual traffic data) during the entire reference period shall be deemed competitive for the purpose of the application of this Article. 2. National regulatory authorities shall provide the Commission with the necessary data to monitor the application of paragraph 1 of this Article in accordance with Article 7 (2). On the basis of information collected and provided to it by the national regulatory authorities pursuant to Article 7, the Commission shall decide not to apply the maximum retail and wholesale charges decrease if the conditions set out in paragraph 1 are met. The decision shall enter into force on 1 July of the year concerned. 3. The Commission’s decision not to apply the maximum retail and wholesale charge in accordance with paragraph 1 shall remain in force until and without prejudice to further review of the Regulation in accordance with Article 11."
Amendment 32 #
2008/0147(COD)
Council position – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to avoid distorting competition in the road freight sector, mark-ups for pollution and congestion costs may be introduced by the Member States provided that existing domestic taxation in this sector – including vehicle ownership and/or traffic taxes, along with fuel taxes – is not reduced in such a way as to subsidise national operators. Fulfilment of this requirement must be demonstrated when the mark-up for external costs is introduced, and the Commission must carry out a prior check on, and subsequently monitor, compliance with the requirement.
Amendment 34 #
2008/0147(COD)
Council position – amending act
Recital 13 a
Recital 13 a
Amendment 43 #
2008/0147(COD)
Council position – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 1999/62/EC
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(1a) In Article 6, the following paragraph shall be added : ‘(4a) The introduction and application of mark-ups under Article 7b(2) shall not be coupled with reductions in vehicle and fuel taxes. The Commission shall monitor the proper implementation of this paragraph.’
Amendment 47 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 c – paragraph 1 – subparagraph 2 a (new)
Article 7 c – paragraph 1 – subparagraph 2 a (new)
The introduction of external-cost charges is dependent on the availability of modal alternatives to the relevant section of road and of competitive services thereon. The Commission shall ensure that the Member States fulfil this requirement within a reasonable timeframe.
Amendment 51 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 c – paragraph 3
Article 7 c – paragraph 3
3. The external-cost charge related to traffic-based air pollution shall not apply to vehicles which comply with the most stringent EURO emission standards until fourive years after the dates of application laid down in the rules which introduced those standards.
Amendment 62 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 f – paragraph 5
Article 7 f – paragraph 5
5. The amount of the mark-up shall be deducted from the amount of the external cost charge calculated in accordance with Article 7c, except for vehicles of EURO emission classes 0, I and II;. The related revenues shall be invested in financing the construction of priority projects of European interest identified in Annex III to Decision No 1692/96/EC.
Amendment 66 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 g – paragraph 3 – point (c)
Article 7 g – paragraph 3 – point (c)
(c) no infrastructure charge is more than 17500 % above the maximum level of the weighted average infrastructure charge as referred to in Article 7b; and
Amendment 82 #
2008/0147(COD)
Council position – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall determine the use of revenues generated by this Directive. The revenues generated from external-cost charges, or the equivalent in financial value of these revenues, shouldall be used to benefit the transport sector, to make transport more sustainable and optimise the entire transport system, including the following: (a) facilitating efficient pricing; (b) reducing road transport pollution at source; (c) mitigating the effects of road transport pollution at source; (d) improving the CO2 and energy performance of vehicles; (e) developing alternative infrastructure for transport users and/or expanding current capacity; (f) optimising logistics; or (g) improving road safety; Member States shall determine the use to be made of revenue from charges for the use of road infrastructure. To enable the transport network to be developed as a whole, revenue from charges shall be used to benefit the road transport sector and optimise the road transport system. At least 15 % of the revenues generated by the external cost charge in each Member State shall be dedicated to financially supporting TEN-T projects in order to increase transport sustainability. This percentage shall gradually increase over time. The application of the multiplication factor in mountain areas for charging of air pollution costs and noise shall be linked to the requirement to spend the revenues generated in the construction of priority projects of European interest identified in Annex III to Decision No 1692/96/EC.
Amendment 262 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 1
Article 7c – paragraph 1
1. The external cost charge shall vary according to the type of road and EURO emission class (Annex IIIa, table I), and also according to the time period in cases where the charge includes the cost of congestion or traffic- based noise pollution.
Amendment 267 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 2 a (new)
Article 7c – paragraph 2 a (new)
2a. The charges referred to in paragraphs 1 and 2 shall not apply to vehicles complying in advance with future EURO emissions standards as regards the dates laid down in the relevant rules, or to vehicles type-approved by the manufacturer and having alterative, low environmental impact, means of propulsion (such as natural gas, biomethane, natural gas/hydrogen mixtures or an electrical, hybrid or hydrogen power supply).
Amendment 270 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7d – paragraph 2 a (new)
Article 7d – paragraph 2 a (new)
2a. Are not under the liabilities stated into paragraphs 1 and 2 vehicles that meet already the future EURO standards regarding emissions in advance than the dates prescribed by the rules and the vehicles approved by the manufacturer with alternative powered vehicles with low environmental impact (such as natural gas, biomethane, mixtures natural gas/ hydrogen, electric powered, hybrid or hydrogen).
Amendment 288 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 1
Article 7f – paragraph 1
1. Toll rates which comprise only an infrastructure charge shall be varied according to EURO emission class (Annex IIIa, table I) in such a way that no toll is more than 100% above the toll charged for equivalent vehicles meeting the strictest emission standards.
Amendment 316 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 1
Article 7h – paragraph 1
1. With the exception of vehicles under Article 7c(2) (new) and 7d(2) (new), which are already excluded from the scope of this directive, Member States shall not provide for discounts or reductions for any users in relation to the external cost charge element of a toll.
Amendment 358 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. A Member State in which an external costinfrastructure charge is levied shall ensure that thedetermine the use to be made of revenue generated by theat charge is earmarked for measures aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of vehicl. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system, in particular in favour of projects that have a positive impact on consumption, adaptability to combined transport modalities, and developing alternative infrastructure forcongestion or on the optimization of the whole transport userssystem.
Amendment 372 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system, in particular in favour of projects that have a positive impact on consumption, adaptability to combined transport modalities and congestion or on the optimization of the whole transport system.
Amendment 383 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. As from 2011, at least 15% of the revenues generated by external cost and infrastructure charge in each Member State shall be dedicated to the financial support of the projects related to the TEN–T network. This percentage shall gradually increase over the years.
Amendment 466 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO IV
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO IV
Amendment 469 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO V and less polluting
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO V and less polluting
Amendment 481 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO IV
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO IV
Amendment 141 #
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
4. The Commission may decide, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, that charges shall be used to finance common projects designed to assist specific categories ofshall propose financial resources including Trans European Network funding, European Investment Bank grants, and auctioning revenues from Emission Trading Scheme with a view to financing common projects, especially for speeding up the implementation of SESAR, within the multiannual financial framework. The Commission may also decide, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, and with the principles of cost efficiency as laid down in Article 11 of the Framework Regulation and Article 14 of Regulation 550/2004, that the costs of common projects may be recovered through charges. Such common projects should be designed to assist airspace users and/or air navigation service providers in order to improve collective air navigation infrastructures, the provision of air navigation services and the use of airspace, in particular those that may be required for the implementation of the ATM Master Plan. Such decisions shall identify the common project and specify in particular the timetable for implementation, the cost to be charged to airspace users and its allocation amongst Member States, avoiding duplication in costs and charges.
Amendment 31 #
2008/0018(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to avoid any duplication of evaluation under this Directive and Regulation (EC) No 1907/2006 concerning REACH, CMRs which have previously been evaluated and which have not been prohibited under this Directive should not be made subject to proposals for restriction under Regulation (EC) No 1907/2006 on the grounds of risks to human health and should be not be made subject to authorisation under Regulation (EC) No 1907/2006 on the grounds of risks to human health in accordance with Article 58(2) of that Regulation. Consequently, in order to avoid any duplication, CMRs which have been evaluated for use in toys and which have not been prohibited under Regulation (EC) No 1907/2006 should not be made subject to any restrictions or evaluations under this Directive.
Amendment 36 #
2008/0018(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a harmonised transition period of two years after the entry into force of this Directive for compliance with its provisions and a further transition period of three years after the entry into force of this Directive in all Member States to allow toy manufacturers and economic operators sufficient time to adapt to the new technical requirements on chemicals, and to ensure consistent application of this Directive throughout the European Union.
Amendment 38 #
2008/0018(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular power should be conferred on the Commission in order to adapt the chemical requirements in certain well defined cases and grant exemptions from the prohibition of CMR substances in certain cases as well as to adapt the wording of the specific warnings for certain categories of toys. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and/or to supplement this Directive by the addition of 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 43 #
2008/0018(COD)
Proposal for a directive
Article 45 – Paragraph 1
Article 45 – Paragraph 1
1. The Commission may, for the purposes of adapting them to technical and, scientific practicable developments, amend the following: (a) Points 7 and 8 in Part III of Annex II; (b) Annex V. Those measures, designed to amend non- essential elements of this RegulationDirective, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2) and, as appropriate, after the opinion of the relevant Scientific Committee.
Amendment 45 #
2008/0018(COD)
Proposal for a directive
Article 45 – Paragraph 2
Article 45 – Paragraph 2
2. The Commission may decide upon the use in toyscontent of substances or preparations classified as carcinogenic, mutagenic or toxic to reproduction, of category 1, 2 and 3, under Annex I to Directive 67/548/EEC in toys. Those measures, designed to amend non- essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2) and, as appropriate, after the opinion of the relevant Scientific Committee.
Amendment 50 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market before this Directive entered into force or at the latest 2 years after this Directive entered into forcefor two years after this Directive enters into force. With regard to Articles 3(1) and 9(1) and part III of Annex II on chemical properties, Member States shall not forbid the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market either before this Directive entered into force or during the three years after its entry into force in all the Member States.
Amendment 59 #
2008/0018(COD)
Proposal for a directive
Annex II – part III – paragraph 3
Annex II – part III – paragraph 3
3. Without prejudice to the application of the restrictions under the first sentence of point 2, the use in toys ofoys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR)categories 1 or 2 according to Annex I of Directive 67/548/EEC in individual concentrations equal to or greater than the relevant concentrations established for the classification of preparations containing the substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, except if the substances are contained in components of toys or micro- structurally distinct parts of toys that are not accessible to any physical contact by childrenr parts of toys that are not accessible by children as defined in standard EN 71.
Amendment 62 #
2008/0018(COD)
Proposal for a directive
Annex II – part III – paragraph 4
Annex II – part III – paragraph 4
4. Substances or preparations classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC may be used in toys provided that the following conditions are met:
Amendment 63 #
2008/0018(COD)
Proposal for a directive
Annex II – part III – paragraph 4 – subparagraph 4.1
Annex II – part III – paragraph 4 – subparagraph 4.1
4.1 use of the substance has been the relevant Scientific Committee has concluded that the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC contained in accessible components or parts of toys above the concentration limits in paragraph 3 does not pose an unacceptable risk to human health, in particular in relation to exposure; To that end, manufacturers may, prior to the end of the transition period in Article 52, apply to the Commission for an evaluatedion by the relevant Scientific Committee and found to be safe,of the risk posed by substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC. That application shall be accompanied by relevant information in particular ion view of exposure, and a Decision aexposure. Upon the receipt of an application, the Commission shall without delay mandate the Scientific Committee to provide its opinion. Manufacturers areferred to in Article 45(2) has been taken; allowed to place on the market toys containing the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC for which a request has been submitted and until a decision is adopted.
Amendment 66 #
2008/0018(COD)
Proposal for a directive
Annex II – part III – paragraph 4 – subparagraph 4.2
Annex II – part III – paragraph 4 – subparagraph 4.2
Amendment 70 #
2008/0018(COD)
Proposal for a directive
Annex II – part III – paragraph 5
Annex II – part III – paragraph 5
5. Substances or preparations classified as CMRWithout prejudice to the application of the restrictions under the first sentence of paragraph 2, toys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction category 3 according to Annex I of Directive 67/548/EEC may beif: (i) they have been prohibited for useds in toys if use of the substance has been evaluated by the relevant Scientific Committee and found to be safe, in particular in view of exposure, and following a Decision as referred to in Article 45(2) and provided that they are not prohibited for uconsumer articles under Regulation (EC) No 1907/2006 (REACH); or (ii) the CMR category 3 substance is contained in components or parts of toys that are accessible by children as defined in standard EN71 and the relevant Scientific Committee has evaluated in accordance with Article 45(2) that the content of the substance in the toy poses ian consumer articles under Regulation (EC) No 1907/2006 (REACH). unacceptable risk to human health, in particular in relation to exposure.
Amendment 112 #
2008/0018(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
Amendment 117 #
2008/0018(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a harmonized transition period of two years after the entry into force of this Directive for compliance with its provisions and a further transition period of three years after the entry into force of this Directive in all Member States to provide toy manufacturers and economic operators with sufficient time to adapt to the new technical requirements on chemicals, and to ensure consistent application of this Directive throughout the EU.
Amendment 135 #
2008/0018(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In particular power should be conferred on the Commission in order to adapt the chemical requirements in certain well defined cases and grant exemptions from the prohibition of CMR substances in certain cases as well as to adapt the wording of the specific warnings for certain categories of toys. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and/or to supplement this Directive by the addition of, inter alia by supplementing it 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 221 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 1
Article 45 - paragraph 1
1. The Commission may, for the purposes of adapting them to technical and, scientific practical developments, amend the following: (a) Points 7 and 8 in Part III of Annex II; (b) Annex V. Those measures, designed to amend non- essential elements of this RegulationDirective, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2) and, as appropriate, after the opinion of the relevant Scientific Committee.
Amendment 231 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 2
Article 45 - paragraph 2
2. The Commission may decide upon the use in toyscontent of substances or preparations classified as carcinogenic, mutagenic or toxic to reproduction, of category 1, 2 and 3, under Annex I to Directive 67/548/EEC in toys. Those measures, designed to amend non- essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2) and, as appropriate, after the opinion of the relevant Scientific Committee.
Amendment 243 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market before this Directive entered into force or at the latest 2 years after this Directive entered into forceduring a period of 2 years after this Directive enters into force. With regard to Article 3(1), Article 9(1) and point III of Annex II, Member States shall not prohibit the placing on the market of toys in accordance with Directive 88/378/EEC which were placed on the market before this Directive entered into force or for three additional years after this Directive enters into force in all the Member States.
Amendment 306 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 3
Annex II – Part III – point 3
3. Without prejudice to the application of the restrictions under the first sentence of point 2, the use in toys ofoys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR)categories 1 or 2 according to Annex I of Directive 67/548/EEC in individual concentrations equal to or greater than the relevant concentrations established for the classification of preparations containing the substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, except if the substances are contained in components of toys or micro- structurally distinct parts of toys that are not accessible to any physical contact by childrenr parts of toys that are not accessible by children as defined in standard EN 71.
Amendment 309 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 4
Annex II – Part III – point 4
4. Substances or preparations classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC may be used in toys provided that the following two conditions are met: 4.1 use of the substance has been evaluated by the relevant Scientific Committee and found to be safe, in particular in view of exposure, and a Decision as referred to in Article 45(2) has been taken; 4.2The relevant Scientific Committee has evaluated that the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC contained in accessible components or parts of toys above the concentration limits in point 3 does not pose an unacceptable risk to human health, in particular in view of exposure. To that end, manufacturers may submit requests to the Commission prior to the end of the transition period in Article 52 for an evaluation by the relevant Scientific Committee of the risk posed by substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC. That request shall be accompanied by relevant information in particular on exposure. Upon the receipt of a re no suitable substances available, as documented in an analysis of alternatives, 4.3 tquest, the Commission shall without delay mandate the Scientific Committee to provide its opinion. Manufactures are allowed to place toys on the market containing the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC for which a request has been submitted and until a decision is adopted. A decision to amend Annex IIa listing the CMR 1 and 2 substances concerned by this Article shall be taken in accordance with Article 45(2). 4.2 They arhave not already been prohibited for uses in consumer articles under Regulation (EC) No 1907/2006 (REACH). The Commission shall mandate the relevant Scientific Committee to re- evaluate those substances or preparationslisted in Annex IIa as soon as safety concerns arise and at the latest every 5 years from the date that a decision in accordance with Article 45(2) was taken.
Amendment 327 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 5
Annex II – Part III – point 5
5. Substances or preparations classified as CMR cWithout prejudice to the application of the restrictions under the first sentence of point 2, toys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction Category 3 according to Annex I of Directive 67/548/EEC may beif: (i) they have been prohibited for useds in toys if use of the substance has been evaluated by the relevant Scientific Committee and found to be safeconsumer articles under Regulation (EC) No 1907/2006 (REACH); or (ii) the CMR 3 substance is contained in components or parts of toys that are accessible by children as defined in standard EN71 and the relevant Scientific Committee has evaluated that the content of the substance in the toy poses an unacceptable risk to human health, in particular in view of exposure, and following a D. A decision asto referred to in Article 45(2) and provided that they are not prohibited for uses in consumer articles under Regulation (EC) No 1907/2006 (REACHvise Annex IIb listing the CMR 3 substances prohibited by this provision shall be taken according with Article 45(2).
Amendment 353 #
2008/0018(COD)
Proposal for a directive
Annex II a - title (new)
Annex II a - title (new)
Annex IIa List of CMR 1 and 2 substances exempt from the prohibition of Annex II point III (3)
Amendment 359 #
2008/0018(COD)
Proposal for a directive
Annex II b -title (new)
Annex II b -title (new)
Annex IIb List of prohibited CMR 3 substances
Amendment 297 #
2008/0016(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47a) Encouragement should be given to cost-effective sustainable use of biomass as an energy source. Given that the use of biomass for energy purposes might entail distortions on the market, deforestation, consumption of water resources, and higher food prices, it is necessary to develop other forms of biomass widely available at local level, promote their use, and enable them to penetrate the market.
Amendment 476 #
2008/0016(COD)
Proposal for a directive
Article 5 – paragraph 9 – subparagraph 1
Article 5 – paragraph 9 – subparagraph 1
9. Electricitnergy produced from renewable energy sources in third countries shall only be taken into account for the purposes of measuring compliance with the requirements of this Directive concerning national targets if:
Amendment 477 #
2008/0016(COD)
Proposal for a directive
Article 5 – paragraph 9 – point a
Article 5 – paragraph 9 – point a
Amendment 480 #
2008/0016(COD)
Proposal for a directive
Article 5 – paragraph 9 – point c a (new)
Article 5 – paragraph 9 – point c a (new)
(ca) In the case of energy consumed in a third country, each Member State may – with a view to achieving its own target – acquire guarantees of origin covering up to 50% of the difference between the sectoral target and the result obtained in 2005.
Amendment 555 #
2008/0016(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 588 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to or from persons in other Member States if, in the absence of such a system, the transfer of guarantees of origin to or from the Member State concerned is likely to impair their ability to ensure a secure and balanced energy supply or is likely to undermine the achievement of the environmental objectives underlying their support scheme. Member States may provide for a system of prior authorisation for the transfer of guarantees of origin to persons in other Member States if in the absence of such a system, the transfer of guarantees of origin is likely to impair their ability to comply with Article 3(1) or to ensure that the share of energy from renewable sources equals or exceeds the indicative trajectory in Part B of Annex I. The system of prior authorisation shall not constitute a means of arbitrary discriminationshall establish a system for the transfer of guarantees of origin to or from persons in other Member States.
Amendment 594 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Subject to the provisions adopted pursuant to paragraph 2, guarantees of origin may be transferred between persons in different Member States provided they have been issued in relation to energy produced from renewable sources by installations that became operational after the date of entry into force of this Directive.
Amendment 604 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 943 #
2008/0016(COD)
Proposal for a directive
Article 18
Article 18
Amendment 1065 #
Amendment 1070 #
Amendment 42 #
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 mostWhereas the reduction of emissions is guaranteed through the total volume of allowances in the system, the cost to the economy with free allocation of allowances is equal to the cost to reduce emissions while the cost to the economy of auctioning the allowances is equal to the cost to reduce emissions plus the cost of the remaining emissions. While auctioning and free allocation are equally effective in reducing the emissions, auctioning the allowances leads to a higher total cost and is thus less efficient than free allocation. Auctioning allowances is, however, more effective to reduce emission from the electric power sector, because CO2 free power generation – which is not included in the scope of the Directive – will have a significant cost advantage in respect of combustion installations. Free allocation should therefore be the basic principle for allocation to the industry, as it is equally effective and less costly, thus economically most efficient system. This. Auctioning, however, should be the basic principle for allocation to electric power generation which is more effective in this sector. Auctioning should also eliminate windfall profits and put new entrants and higher than average growing economies on the same competitive footing as existing installations.
Amendment 49 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) For other sectors covered by the Community scheme, a transitional system should be foreseen for which free allocation in 2013 would be 80% of the amount that corresponded to the percentage of the overall Community- wide emissions throughout the period 2005 to 2007 that those installations emitted as a proportion of the annual Community-wide total quantity of allowances. Thereafter, the free allocation should decrease each year by equal amounts resulting in no free allocation in 2020100 % of the allowances should be allocated free of charge.
Amendment 58 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2003/87/EC
Article 3 – point h
Article 3 – point h
"(h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit or an update of its greenhouse gas emissions permit because of a change in the nature or functioning or an extension of the installation or a physical modification resulting in significant increase of the capacity of the existing installation, subsequent to the submission to the Commission of the list referred to in Article 11(1);"
Amendment 75 #
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
Article 10a – paragraph 1
1. The Commission shall, by 30 June 20110, adopt Community wide and fully harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible given inter alia process emissions, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage in each sector, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production. Until an international agreement is effective, energy intensive industries operating in the EU to a specific emission factor (‘benchmark’) based on technically feasible best available technique (EU BAT) criteria, will be allocated with free allowances consistent with the EU cap. 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.
Amendment 86 #
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 87 #
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
8. ISubject to Article 10b, in 2013 and in each subsequent year up to 2020,, for installations in sectors which are exposed to a significant risk of carbon leakage shall be allocatedas listed in Annex I (4a) the amount of allowances allocated free of charge shall be 100% of the quantity determined in accordance with the measures referred to in paragraph 1 without changing the total quantity of allowances according to Article 9. For sectors not included in Annex I (4a) , the amount of allowances allocated free of charge up to 100 percentnder this Article in 2013 shall be 100% of the quantity determined in accordance with paragraphs 2 to 6the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in 80% free allocation in 2020. The Commission shall review this percentage in 2020 and then periodically every 5 years. Relevant stakeholders shall be consulted. At the latest by 30 June 2016 and every 5 years thereafter the Commission shall reconsider Annex I (4a), and, if necessary, after consulting with all relevant social partners, submit to the European Parliament and to the Council any appropriate proposal.
Amendment 88 #
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
9. At the latest by 30 June 20109 and every 35 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. In the determination referred to in the first subEach year, on the basis of new market information, any sector not included in Annex I (4a) shall be able to request the Commission to consider afresh the case for the sector to be considered as vulnerable to carbon leakage. In the determination of the sectors referred to in Article 10a, paragraph 8 the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances inthrough product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into accountloss of either market share or profitability or investment opportunities to the same sector or sub- sector in countries outside the EU that do not impose comparable constraints on emissions. Relevant criteria are – inter alia – the following: (a) the extent to which auctioning would lead to a substantial increase in production cost in industries with a high CO2 emission per unit of sales; (b) the extent to which it is technically and economically possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) the present and projected market structure, relevant geographic and product market, the exposure of the sectors to international competition taking into account inter alia transport and CO2 costs; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned. (da) the effect of pass through cost of CO2 in the electricity prices on the sector or sub-sector concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installationsectors concerned may inter alia be used.
Amendment 106 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I – point 4 a (new)
Annex I – point 4 a (new)
Amendment 389 #
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 3
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, establish harmonised sector specific benchmarks to 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. They shall be based on the most efficient techniques and technologies, and take into account of the most efficient techniquepotential, including the technical potential, to reduce emissions, substitutes, alternative production processes, and the use of biomass and greenhouse gas capture and storage, and. The measures shall not give incentives to increase emissions per unit of production. No free allocation shall be made in respect of any electricity production. In defining the principles for setting benchmarks in individual sectors, the Commission shall consult with the sectors concerned.
Amendment 509 #
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
7. SUntil an international agreement enters into force and subject to Articles 10b and 28, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013to installations not covered by paragraph 2 in 2013 and each subsequent year shall be 8100% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020without changing the total quantity of allowances according to Article 9.
Amendment 524 #
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 26 #
2007/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from 2012 onwards. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the premium should reflect technological costsbe similar to the premium paid in other sectors under the European Emissions Trading Scheme (ETS). The amounts of the excess emissions premium should be considered as revenue for the budget of the European Union.
Amendment 55 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The excess emissions premium shall be: (a) in relation to excess emissions in the calendar year 2012, 20 euros; (b) in relation to excess emissions in the calendar year 2013, 35 euros; (c) in relation to excess emissions 20 euros, by analogy with the penalties imposed in othe caler sectors undaer year 2014, 60 euros; and (d) in relation to excess emissions in the calendar year 2015 and subsequent calendar years, 95 eurosthe European emissions trading scheme.
Amendment 72 #
2007/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Manufacturers’ compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from 2012 onwards. The premium should be modulated as a function ofccording to the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the premium should reflect technological costs. The amounts of the excess emissions premium should be considered as revenue for the budget of the European UnionThe premium should be similar to that paid in other sectors under the European emissions trading scheme (ETS).
Amendment 74 #
2007/0297(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
1. For each new passenger car, the permitted specific emissions of CO2, measured in grams per kilometre shall be determined in accordance with the following formula: Permitted specific emissions of CO2 = 130 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = 1289.0 × f f = (1 + AMI) Autonomous mass increase (AMI) = 0 % a = 0.04576 a = 0.0230
Amendment 142 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The excess emissions premium under paragraph 1 shall be calculated using the following formula: Excess emissions x number of new passenger cars not in accordance on average with the manufacturer’s specific emissions target x excess emissions premium prescribed in paragraph 3. Where: ‘Excess emissions’ means the positive number of grams per kilometre by which the manufacturer’s average specific emissions exceeded its specific emissions target in the calendar year rounded to the nearest three decimal places; and ‘Number of new passenger cars’ means the number of new passenger cars for which it is the manufacturer and which were registered in that year. produced by the manufacturer and registered in that year; and ‘Number of new passenger cars not in accordance on average with the manufacturer’s specific emissions target’ means the number of new passenger cars produced by the manufacturer and registered in the year concerned whose emissions exceed a threshold set at such a level that the average emissions from all of the manufacturer’s registered vehicles with emissions below that threshold correspond to the manufacturer’s specific target.
Amendment 150 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The excess emissions premium, shall be: (a) in relation to excess emissions in the calendar year 2012, 20 euros; (b) in relation to excess emissions in the calendar year 2013, 35 euros; (c) in relation to excess emissionset at a level comparable to the premiums laid down in othe caler sectors undaer year 2014, 60 euros; and (d) in relation to excess emissions in the calendar year 2015 and subsequent calendar years, 95the European emissions trading scheme (ETS), shall be 20 euros..
Amendment 160 #
2007/0297(COD)
Proposal for a regulation
Article 9 – title and paragraph 1
Article 9 – title and paragraph 1
Amendment 184 #
2007/0297(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
1. For each new passenger car, the permitted specific emissions of CO2, measured in grams per kilometre shall be determined in accordance with the following formula: Permitted specific emissions of CO2 = 130 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = 1289.0 × f f = (1 + AMI)6 Autonomous mass increase (AMI) = 0 % a = 0.0457230
Amendment 24 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
(12) Providers of electronic communications services should ensure that their customers are adequately informed as to whether or not access to emergency services is provided, and are given clear and transparent information in the initial customer contract and at regular intervals thereafter, for example in customer billing information. Equally, where an opt-out system is not adopted in a particular Member State, customers should, in the interest of ensuring comprehensive directory services, at the very least be properly informed of their rights to be included in directory databases and granted an effective opportunity to exercise that right both initially and during the contractual relationship. Hence, customers should be expressly asked at the moment of requesting a service, and at regular intervals thereafter, whether and how they wish relevant information to be included in directory databases. Since mechanisms are available for including information in the directory database without that information being disclosed to users of directory services, hence facilitating more comprehensive directory services without compromising privacy, customers should also be offered this option by access operators. Customers should also be kept well informed of possible actions that the provider of electronic communications service may take to address security threats or in response to a security or integrity incident, since such actions could have a direct or indirect impact on the customer’s data, privacy or other aspects of the service provided.
Amendment 25 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) A competitive market should ensure that end-users are able to access and distribute any lawful content and to use any lawful applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should in any case be fully informed of any restrictions and/or limitations imposed on the use of electronic communications services by the service and/or network provider. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them in Directive 2002/19/EC to ensure that users’ access to particular types of content, services or applications is not unreasonably restricted and, for instance, that unreasonable wholesale access terms are addressed.
Amendment 84 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 – point 4 c (new)
Article 2 – point 4 c (new)
Directive 2002/58/EC
Article 12 – paragraph 2
Article 12 – paragraph 2
(4c) Article 12(2) is replaced by the following: "2. Member States shall ensure that where the inclusion of personal data relating to end-users of electronic communications networks and services in directory databases is automatic, end- users are provided the effective opportunity to remove or limit such data and, where it is not, they be expressly asked at the moment of requesting the service, and at regular intervals thereafter, whether and how they wish personal data to be included in directory databases. End-users shall also be offered the option of having information included in the database but not disclosed to users of directory services, and to verify, correct or withdraw such data. Not being included in a public subscriber directory, verifying, correcting or withdrawing personal data from it shall be free of charge."
Amendment 157 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) In order to promote the functioning of the internal market, and to support the development of cross-border services, the Commission should be given the power to grant the Authority specific responsibilities in the area of numbering without detrimental effects to existing services. Furthermore, to allow citizens of the Member States, including travellers and disabled users, to be able to reach certain services by using the same recognisable numbers at similar prices in all Member Stateessential services, such as directory enquiry services across borders, the powers of the Commission to adopt technical implementing measures should also cover, where necessary, the applicable tariff principle or mechanismmeasures to facilitate easy cross-border access.
Amendment 170 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 43
Recital 43
(43) The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the vertically integrated operator’s own downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier for compliance with non- discrimination obligations to be verified and enforced. In exceptional cases, it may be justified as a remedy where there has been persistent failure toit would support in achieveing effective non- discrimination in several of the markets concernedmarkets, and where there is little or no prospect of infrastructureffective competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When performing the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.
Amendment 179 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 47
Recital 47
(47) The Commission has the power to adopt implementing measures with a view to adapting the conditions for access to digital television and radio services set out in Annex I to market and technological developments. This is also the case for the minimum list of items in Annex II that must be made public to meet the obligation of transparency. In addition, the Commission should have the power to impose wholesale interconnection obligations on operators controlling access to end-users in order to ensure end-users the full benefit of competition in directory enquiry services. Such services are an essential tool in the use of electronic communications services and of particular relevance to elderly and disabled users. Wholesale measures are particularly advisable where they would facilitate the removal of universal service regulation at the retail level and allow a transition to a fully competitive environment.
Amendment 213 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2002/21/EC
Article 2 – point e
Article 2 – point e
(e) “associated facilities” means those facilities associated with an electronic communications network and/or an electronic communications service which enable and/or support the provision of services via that network and/or service or have the potential to do so, and include number or address translation systems, billing and collection services and subscriber databases for the provision of directory enquiry services, conditional access systems and electronic programme guides, as well as physical infrastructure such as ducts, masts, street cabinets, and buildings;
Amendment 223 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point e a (new)
Article 1 – point 2 – point e a (new)
Directive 2002/21/EC
Article 2 – point sa (new)
Article 2 – point sa (new)
(ea) In Article 2, the following point is added: "(sa) ‘publicly available’ means available to the general public upon acceptance of commercial terms."
Amendment 297 #
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 contentaccess to services across all networks;
Amendment 549 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Directive 2002/21/EC
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Amendment 551 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2002/21/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
(b) Paragraph (3)3 is deleted. replaced by: "Where an undertaking has significant market power on a specific market and where the links between the two markets are such as to allow the market power held in one market to be leveraged into the other market, thereby strengthening the market power of the undertaking, remedies aimed at identifying or preventing such leverage may be applied in the linked market in accordance with Articles 9, 10, 11 and 13 of [access directive], and in the event that these are insufficient, Article 17 of [citizens rights directive]."
Amendment 569 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 17 – point b
Article 1 – point 17 – point b
Directive 2002/21/EC
Article 16 – paragraph 6 – point a
Article 16 – paragraph 6 – point a
(a) within twohree years ofrom a previous notification of a draft measure relating to that marketentry into force of a measure relating to that market or earlier in the event that there is a significant change in market circumstances or if otherwise advised in an opinion of BERT or the Commission issued in accordance with Article 7a of [framework directive];
Amendment 612 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 26
Article 1 – point 26
Directive 2002/21/EC
Annexes I and II
Annexes I and II
(26) Annexes I and II are deleted. I is deleted and Annex II is replaced by the following: "ANNEX II Criteria to be used by national regulatory authorities in making an assessment of joint dominance in accordance with Article 14(2), second subparagraph Two or more undertakings can be found to be in a joint dominant position within the meaning of Article 14 if, even in the absence of structural or other links between them, they operate in a market which is characterised by a lack of effective competition and in which no single undertaking has significant market power. Without prejudice to the case law of the Court of Justice on joint dominance, this is likely to be the case where the market is concentrated and exhibits a number of appropriate characteristics of which the following may be the most relevant in the context of communications: - [...] - low elasticity of demand - [...] - similar market shares - [...] - high legal or economic barriers to entry - vertical integration with collective refusal to supply - lack of countervailing buyer power - lack of potential competition - [...] The above is an indicative list and is not exhaustive, nor are the criteria cumulative. Rather, the list is intended to illustrate only the sorts of evidence that could be used to support assertions concerning the existence of joint dominance."
Amendment 617 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 – point a
Article 2 – point a
(a) “access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services or delivering information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to billing and collection services and to subscriber databases for the provision of directory services; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services; access to virtual network services.
Amendment 622 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2002/19/EC
Article 2 – point e
Article 2 – point e
(1a) In Article 2, point (e) is replaced by the following: "(e) "local loop" means the physical circuit connecting the network termination point [...] to a distribution frame or equivalent facility in the fixed public electronic communications network, where the connection can technically be accessed."
Amendment 630 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 3 – point -a (new)
Article 2 – point 3 – point -a (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – subparagraph 2 – point a
Article 5 – paragraph 1 – subparagraph 2 – point a
(-a) Point (a) of the second subparagraph of paragraph 1 is replaced by the following: "(a) to the extent that is necessary to ensure end-to-end connectivity and access to services, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks on fair and reasonable terms where this is not already the case;"
Amendment 633 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 3 – point -a (new)
Article 2 – point 3 – point -a (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – subparagraph 2 – point a
Article 5 – paragraph 1 – subparagraph 2 – point a
(-a) Point (a) of the second subparagraph of paragraph 1 is replaced by the following: "(a) to the extent that is necessary to ensure end-to-end connectivity or fair and reasonable access to services, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks or to do so on objective, transparent, cost-oriented and non- discriminatory terms, where this is not already the case;"
Amendment 642 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 3 – point b
Article 2 – point 3 – point b
Directive 2002/19/EC
Article 5 – paragraphs 3 and 4
Article 5 – paragraphs 3 and 4
Amendment 645 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 6 b (new)
Article 2 – point 6 b (new)
Directive 2002/19/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
(6b) In Article 9, paragraph 4 is replaced by the following: "4. Notwithstanding paragraph 3, where an operator has been found to have SMP in a relevant market under Article [15 of the Framework Directive] relating to local access at a fixed location, national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex II."
Amendment 657 #
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 1 – subparagraph 2 – point ja (new)
Article 12 – paragraph 1 – subparagraph 2 – point ja (new)
(ba) In the second subparagraph of paragraph 1, the following point is added: "(ja) to provide third-party billing services and access to subscriber databases to providers of directory enquiry services."
Amendment 700 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point a
Article 13a – paragraph 2 – point a
(a) evidence that the imposition of appropriate obligations amongst those identified in Articles 9-13 to achieve effective competition following a co- ordinated analysis of the relevant markets in accordance with the market analysis procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) has failed and would fail on a persistent basis to achieve effective competition and that there are important and persisting competition problems/market failures identified in several of these product marketre are important and persisting competition problems/market failures identified in several product markets, and that this measure would constitute the most effective and efficient means of enforcing remedies designed to address such problems/failures.
Amendment 705 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a – paragraph 2 – point b
Article 13a – paragraph 2 – point b
(b) an analysis of the costs and benefits of the measure, including its expected impact on the regulatory authority, on the undertaking, and on its incentives to invest in its network, and on other stakeholders including in particular the expected impact on infrastructure competition and any potential entailing effects onnvestment, competition and consumers;
Amendment 721 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
Directive 2002/20/EC
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a)In Article 3 the following paragraph is added: "2a. Service providers providing services to multi-national undertakings across more than one Member State shall be subject to no more than a simplified notification process with specified registration of electronic communications service activity as “global telecommunications services.”"
Amendment 809 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 8 – point a
Article 3 – point 8 – point a
Directive 2002/20/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
In this regard, Member States shall empower the relevant authorities to impose: (a) dissuasive financial penalties where appropriate. The measures and the reasons on which they are based shall be communicated to the undertaking concerned without delay and shall stipulate a reasonable period for the undertak, which may include periodic penalties having retroactive effect; and (b) orders to cease provision of a service or bundle which would result in a significant detriment to competition, pending to complyiance with the measureaccess obligations imposed following a market analysis under Article 16.
Amendment 810 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 8 – point c
Article 3 – point 8 – point c
Directive 2002/20/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
In cases of serious andor repeated breaches of the conditions of the general authorisation or of the rights of use, or specific obligations referred to in Article 6(2), where measures aimed at ensuring compliance as referred to in paragraph 3 of this Article have failed, national regulatory authorities may prevent an undertaking from continuing to provide electronic communications networks or services or suspend or withdraw rights of use. Sanctions and penalties which are effective, proportionate and dissuasive may be applied to cover the period of any breach, even if the breach has subsequently been rectified.
Amendment 126 #
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 1
Article 7 – paragraph 1
1. New direct current interconnectors between Member States may, upon request, be exempted, for a limited period of time, from the provisions of Article 6(6) of this Regulation and Articles 8, 10, 20 and 23(22c(4), (35) and (4)J6) of Directive 2003/54/EC under the following conditions:
Amendment 131 #
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 a (new)
Article 7 – paragraph 6 a (new)
6a. If reviewing the granted exemption under circumstances mentioned in paragraph 8, the competent bodies shall consult the applicant and duly take into account delays due to administrative or proceedings, force majeure, and any cause relevant to the decision not subject to the control or the will of the applicant.
Amendment 134 #
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 7 a (new)
Article 7 – paragraph 7 a (new)
7a. The derogations foreseen in Article 7(1) shall automatically apply to derogations granted pursuant Article 7 of Regulation 1228/2003 at the date of entry into force of the present Regulation.
Amendment 222 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/55/EC
Article 7a – paragraph 2
Article 7a – paragraph 2
2. An agreement aimed at establishing a common framework for investments in the energy sector and opening of the energy market of a third country also for the companies established within the Union, concluded with one or several third countries to which the Community is a party may allow for a derogation from paragraph 1.
Amendment 230 #
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 a (new)
Article 7b – paragraph 13 a (new)
"13a. The procedures set out in this Article with particular reference to limitations set out in paragraph 2, shall not apply to upstream pipelines solely aimed at directly connecting networks of countries of origin of gas supplies to a landing point within the territory of the Community, and to their upgrades."