181 Amendments of Pia Elda LOCATELLI
Amendment 19 #
2008/2239(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas notwithstanding the Commission’s scenario foresees the decrease of demand of conventional sources in the next two decades, Europe needs to support all planned investments in new import energy infrastructure; this will guarantee a safe transition to the new European energy system expected to be in place by 2020,
Amendment 25 #
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 33 #
2008/2239(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the electricity and gas sectors need stability and predictability of any regulatory framework, making it necessary to confer strong powers to the Agency (ACER) that may contribute to the harmonization of national regulatory frameworks and to avoid the uncertainty that might derive by the comitology procedure,
Amendment 35 #
2008/2239(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. 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 50 #
2008/2239(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 59 #
2008/2239(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. 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 108 #
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 139 #
2008/2239(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Asks Member States and the Commission to develop major network investments and to complete the internal energy market through some forward looking initiatives such as the European transmission system operator and the establishment of a single European gas grid;
Amendment 183 #
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 249 #
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;
Amendment 10 #
2008/2237(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that there is a continuing gender gap in this area, in particular as regards pay, and that there are still fewer female entrepreneurs than there are male; and recognises the unacknowledged, (e.g. unpaid) and yet important contribution made by women in the day-to-day running of family SMEs;
Amendment 12 #
2008/2237(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to quickly establish the network of female entrepreneur ambassadors, as well as the mentoring schemes aimed at inspiring women to set up their own businesses and provide first-line advice;
Amendment 21 #
2008/2237(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages Member States to facilitate female entrepreneurship in the SME sector by establishing appropriate professional and financial advice facilities that take full account of the gender aspects of enterprise development and which take into account women's wider roles in their families and/or communities;
Amendment 26 #
2008/2237(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises that training, research and development supported under the Small Business Act must be flexible enough to enable women, especially those who have children to look after, to follow their own individual requirements in terms of working hours;
Amendment 27 #
2008/2237(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recognises that any system of support offered to entrepreneurs, and particularly women entrepreneurs, including skills and enterprise management training and facilitated access to resources (including equipment, premises, transport and credit), must be on-going so as to help businesses survive beyond the basic start- up;
Amendment 20 #
2008/2205(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission, in the context of the WTO negotiations, to provide for specific simplified rules for SMEs within free trade areas and special clauses relating to the requirements of SMEs;
Amendment 35 #
2008/2205(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Takes the view that in a globalised world, EU companies, especially SMEs need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the EU;
Amendment 36 #
2008/2205(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors, in particular SMEs which especially suffer from distorting effects in international trade;
Amendment 37 #
2008/2205(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
Amendment 38 #
2008/2205(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Recommends that the Commission and the Member States introduce information and training measures in order to enable SME operators to make use of trade defence instruments, with special consideration for procedures relating to complaints against unfair commercial practices;
Amendment 39 #
2008/2205(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Calls on the Commission and the Member States to encourage SMEs to make use of trade defence instruments in order to protect their business activities against the adverse effects of unfair commercial practices which particularly affect SMEs;
Amendment 53 #
2008/2205(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and the Member States to encourage SMEs to make use of instruments to protect their know-how, such as patents, in order to defend themselves against copying and counterfeiting;
Amendment 64 #
2008/2205(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 73 #
2008/2205(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that, to foster the internationalisation of SMEs, training activities are required to enable entrepreneurs to acquire specific knowledge of how to deal with gaining access to new outlet markets;
Amendment 74 #
2008/2205(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Commission and the Member States, in the light of the problems faced by SMEs in having people within them specifically responsible for internationalisation, to promote the establishment of service consortia to support SMEs in the process of internationalisation;
Amendment 75 #
2008/2205(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Calls on the Member States to consider measures aimed at reducing the fixed operational costs of SMEs in order to promote an increase in their productivity and, even if indirectly, their export capacity;
Amendment 104 #
2008/2205(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission and the Member States to cooperate amongst themselves with a view to establishing a coherent and wide-ranging policy enabling European SMEs to develop in a harmonious manner and at a higher growth rate and gain access to new markets and, more generally, to expand their export activities and internationalisation;
Amendment 107 #
2008/2205(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission and the Member States to ensure the development of the European SMEs through appropriate political and financial support as regards their modernisation and training for their management and workers; stresses, in this connection, the importance of ongoing training for SME operators and the establishment of conditions conducive to the pursuance of such activities; considers it essential that the EU take on full responsibility for upholding this wealth of knowledge, tradition and know-how which SMEs have built up and put to good use;
Amendment 200 #
2008/0223(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Thise methodology shall be adopted at national or reglevel. Standards for the energetic analysis of building shall be assessed at national level.
Amendment 278 #
2008/0223(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 – point b
Article 6 – paragraph 1 – subparagraph 2 – point b
(b) cogeneration and micro-cogeneration;
Amendment 287 #
2008/0223(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 a (new)
Article 6 – paragraph 1 – subparagraph 2 a (new)
As regards point (d), Member States shall seek to facilitate the dissemination and use of heat pumps by simplifying the procedure for authorising the drilling of wells and defining the levels of the water table and of the network of watercourses into which discharges can be made and the potential for adopting air conditioning systems with heat pumps using water. In addition, Member States shall make provision for subsidies for the drilling of wells or the inclusion of such operations in urban development projects.
Amendment 332 #
2008/0223(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(ca) industrial sites.
Amendment 333 #
2008/0223(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3 a (new)
Article 9 – paragraph 1 – subparagraph 3 a (new)
With reference to point (ca), Member States should provide incentives for the abandonment of obsolete industrial buildings by private and/or public owners who are interested in relocating their operations in new establishments with high energy efficiency, identifying districts or estates which are suitable (in the light of their infrastructure and/or the presence of services) as sites for these renewed production facilities. Member States should also indicate the tertiary, production and commercial districts and estates where it is most appropriate to concentrate the construction of buildings with low energy needs.
Amendment 393 #
2008/0223(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 a (new)
Article 11 – paragraph 3 – subparagraph 2 a (new)
Furthermore, where buildings are sold as 'shells', i.e. without heating and air conditioning systems, provision may be made for tax incentives for buyers who invest in technological solutions that will reduce the building's energy demand by a given percentage with respect to the legal thresholds.
Amendment 425 #
2008/0223(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
Member States shall set up a register for experts and shall ensure that these experts are provided with training courses on a yearly basis.
Amendment 61 #
2008/0221(COD)
Proposal for a directive
Article 4 – introductory part
Article 4 – introductory part
Member States shall ensure that tyre suppliers comply, in relation to tyres produced from the date of implementation of this Directive, with the following provisions:
Amendment 98 #
2008/0221(COD)
Proposal for a directive
Article 5 – point 3
Article 5 – point 3
(3) for C1 and C2 tyres, distributors shall provide the fuel efficiency and wet grip classes and external rolling noise measured value with the bills delivered to end-users when they purchase tyres. For C1 tyres, the wet grip class shall also be provided.
Amendment 109 #
2008/0221(COD)
Proposal for a directive
Article 7
Article 7
The information to be provided under Articles 4, 5 and 6 on the fuel efficiency class, the external rolling noise measured value, and the wet grip class of tyres shall be obtained by applying the harmonised testing methods referred to in Annex 1, according to their ability to ensure for end users a reliable classification which is fully representative of these tyre features.
Amendment 115 #
2008/0221(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
For the conformity assessment Member States shall also refer, where applicable, to tyre type approval documentation and to relevant supporting documentation provided by the supplier.
Amendment 41 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purposes of measures to help workers reconcile their professional rights and obligations with their family rights and obligations, it is essential to provide for longer maternity and paternity leave, including where a child is adopted.
Amendment 53 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 92/85/EEC
Article 2
Article 2
-1c. Article 2 is replaced by the following: “Article 2 Definitions For the purposes of this Directive: (a) pregnant worker shall mean a pregnant worker employed under any type of contract, including in domestic work, who informs her employer of her condition, in accordance with national legislation and/or national practice; (b) worker who has recently given birth shall mean a worker employed under any type of contract, including in domestic work, who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice; (c) worker who is breastfeeding shall mean a worker employed under any type of contract, including in domestic work, who is breastfeeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice;”
Amendment 63 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 92/85/EEC
Article 7 a (new)
Article 7 a (new)
-1g. The following paragraph is inserted in Article 7a : “Article 7a In the period following the period determined by the national competent authority referred to in Article 7(1), working women or men who have a child aged not more than three years shall not be obliged to perform night work. For single parents, that period may be extended in accordance with the procedures laid down by the Member States. For parents of children with severe disabilities, the period in question may similarly be extended in accordance with the procedures laid down by the Member States.”
Amendment 83 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. For multiple births the compulsory leave shall be increased by one month for each sibling in addition to the first.
Amendment 93 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 92/85/EEC
Article 8 a (new)
Article 8 a (new)
1a. The following Article 8a is inserted: “Article 8a Leave for adoption Member States shall take the necessary measures to ensure that maternity and paternity leave are likewise allowed in the event of adoption.”
Amendment 98 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1). Dismissal during that period shall be presumed to have arisen on grounds of discrimination, save in exceptional cases not connected with their condition, and duly specified in writing, which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.
Amendment 105 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occurs within sixtwelve months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at tit shall be presumed to have arisen on grounds of discrimination, save in an exceptional case not connected with her condition, and duly specified in writing, which is permitted under national legislation and/or practice and, whe request of the worker concerned applicable, provided that the competent authority has given its consent.
Amendment 108 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 92/85/EEC
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Member States shall take the necessary measures to ensure that, while on paternity leave and in the three months thereafter, male workers enjoy the protection from dismissal accorded by this Article to the female workers referred to in Article 2.
Amendment 118 #
2008/0193(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – paragraph 3
Article 11 – paragraph 3
“3. the allowance referred to in point 2(b) shall be deemed adequateivalent if it guarantees income at least equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling may not be lower than the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker’s state of healthWhen making the calculation, any salary increases resulting from legislation or contractual provisions must be factored in. Such a ceiling may not be lower than 80% of the last monthly salary or the average monthly salary of the worker concerned. The Member States may lay down the period over which this average monthly salary is calculated.”
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 31 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 − sentence 2
Article 3 – paragraph 1 − sentence 2
However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 950 years from the date of the first such publication or the first such communication to the public, whichever is the earlier, - if a fixation of the performance in a phonograph is lawfully published orno lawful publication has taken place within the period mentioned in the first sentence and if a fixation of the performance has been lawfully communicated to the public within this period, these rights shall expire 95 years from the date of the first such publication or the first suchlawful communication to the public, whichever is the earlier of the performance.
Amendment 47 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place ant at a time individually chosen by them, the performer may terminate the contract on transfer or assignment. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire.
Amendment 51 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Directive 2006/116/EC
Article 10a a (new)
Article 10a a (new)
(4a) The following article shall be inserted: "Article 10aa Where a performer has transferred or assigned the exclusive right to authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, of the fixation of his performance, that performer shall retain the right to obtain an equitable remuneration to be paid by the user for the making available to the public of his fixed performance. The right of the performer to obtain an equitable remuneration for the making available to the public of his performance cannot be waived. This remuneration is collected and administered by a performers’ collecting society."
Amendment 42 #
2008/0100(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 29 October 2012three years from the date of publication of this Regulation national authorities shall refuse, on grounds relating to the areas of vehicle safety and tyres covered in Articles 5 to 9 and Annex I, with the exception of the rolling resistance limit values set out in table 2 of Part B of Annex I, to grant EC component/separate technical unit type- approval or national type-approval in respect of new types of vehicle of the categories specified in those Articles and their implementing measures, and to grant EC component/separate technical unit, which do not comply with the relevant provisions of this Regulation. With effect from four years from the date of publication of this Regulation , national authorities shall refuse, on grounds of vehicle safety and tyres covered by Articles 5 to 9 and Annex I, with the exception of the rolling resistance limit values set out in table 2 of Part B of Annex I, to grant EC type- approval or national type-approval within respect tof new types of components or separate technical units intended therefor, which do not comply with the relevant provisions of this Regulationvehicle of the categories specified in those Articles and their implementing measures.
Amendment 48 #
2008/0100(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 29 October 20146 national authorities shall, on grounds relating to the areas of vehicle safety and tyres covered in Articles 5, 6, 7, 8, Article 9(1) to (45) and Parts A, B and BC of Annex I, with the exception of the rolling resistance limit values for C3 tyres and the rolling resistance limit values set out in table 2 of Part B of Annex I, in the case of new vehicles of the categories specified in those Articles which do not comply with the relevant provisions of this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC and shall prohibit the registration, sale and entry into service of such vehicles and, in the case of new componentstyres manufactured as from that date or separate technical units intended therefor which do not comply with the relevant provisions of this Regulation, shall prohibit their sale and entry into service.
Amendment 52 #
2008/0100(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 56 #
2008/0100(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. With effect from 29 October 2016 national authorities shall refuse, on grounds relating to tyre rolling resistance, to grant EC type-approval or national type-approval in respect of new types of vehicle of the categories M, N and O, and to grant EC component/separate technical unit type-approval with respect to new types of tyres intended therefor, which do not comply with the rolling resistance limit values set out in table 2 of Part B of Annex I. With effect from 29 October 2017, national authorities shall refuse, on grounds relating to tyre rolling resistance, to grant EC type-approval or national type approval in respect of new types of vehicle of the categories M, N and O.
Amendment 60 #
2008/0100(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 64 #
2008/0100(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. With effect from 29 October 2020 national authorities shall, on grounds relating to tyre rolling resistance of C1, C2 tyres, in the case of new vehicles of the categories M, N and O which do not comply with the rolling resistance limit values set out in table 2 of Part B of Annex I, consider certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC and shall prohibit the registration, sale and entry into service of such vehicles and, in the case of new tyres intended therefor which are manufactured from that date and do not comply with the rolling resistance limit values set out in table 2 of Part B of Annex I, shall prohibit their sale and entry into service.
Amendment 79 #
2008/0100(COD)
Proposal for a regulation
Annex I – Part C – point 1.1 – table
Annex I – Part C – point 1.1 – table
tyre class Nominal section Limit values in width (mm) dB(A) C1A ≤ 185 702 C1B > 185 ≤ 215 713 C1C > 215 ≤ 245 714 C1D > 245 ≤ 275 725 C1E > 275 74 6 Tyres classified as “snow” tyres and “Extra Load” tyres (as defined under article 3) are given +1dB(A). Tyres classified as “special use” tyres (as defined under article 3) are given +2dB(A)
Amendment 81 #
2008/0100(COD)
Proposal for a regulation
Annex I – Part C – point 1.2 – table
Annex I – Part C – point 1.2 – table
tyre class Nominal section Limit values in width (mm) dB(A) C2 Normal 723 Traction tyres 73 5 Special use 76 C3 Normal 734 Traction tyres 75 6 Special use 77
Amendment 29 #
2008/0018(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to avoid duplication of evaluation under this Directive and Regulation (EC) No 1907/2006 concerning REACH, CMRs that have 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. At the same time, in order to avoid duplication, CMRs that 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 restrictions or evaluation under this Directive.
Amendment 34 #
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, thereafter, a further transition period of three years 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 44 #
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 feasible 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 according to the assessment of the relevant Scientific Committee.
Amendment 46 #
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 according to the assessment of the relevant Scientific Committee.
Amendment 48 #
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 enteredfor 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 impede 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 year period after its entry into force.
Amendment 57 #
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 distinctr parts of the toys that are not accessible to any physical contact by childrenby children as defined in standard EN 71.
Amendment 60 #
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 65 #
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 beenthe relevant Scientific Committee has concluded that the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC used in accessible components or parts of toys above the concentration limits in paragraph 3 do not pose an unacceptable risk to human health, in particular in view of exposure. Therefore, manufacturers may, before the end of the transition period in Article 52, apply to the Commission for the evaluatedion by the relevacompetent Scientific Committee and found to be safe, inof the risk posed by substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC. That application shall contain all relevant information, particularly in view of exposure,relation to exposure. Immediately upon receipt of and a Decision as referred to in Article 45(2) has bpplication, the Commission shall, without delay, mandate the competent Scientific Committeen taken;o provide its opinion.
Amendment 68 #
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 71 #
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 are 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 followconsumer 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 ing a Decision as referred to in Article 45(2) and provided that they are not prohibited for uccordance with Article 45(2) that the content of the substance in the accessible part of the toy poses ian consumer articles under Regulation (EC) No 1907/2006 (REACH). unacceptable risk to human health, because of exposure.
Amendment 6 #
2007/2198(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
13a. having regard to the evaluation report of the external consultancy Mayer, Rowe and Maw LLP, entitled “Evaluation of EC Trade Defence Instruments” (December 2005),
Amendment 7 #
2007/2198(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
13b. having regard to the document of the Commission entitled “Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy” (19 November 2007),
Amendment 10 #
2007/2198(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the results of the public consultation are available in the document entitled "Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy" (19 November 2007),
Amendment 11 #
2007/2198(INI)
Motion for a resolution
Recital B
Recital B
Amendment 15 #
2007/2198(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in the absence of internationally agreed upon competition rules in the WTO currently leaves no alternative but TDIs to, TDIs are the only suitable solution for dealing with unfair trade practices,
Amendment 22 #
2007/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
Amendment 27 #
2007/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not and is not currently designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 32 #
2007/2198(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, in a globalised world, EU companies need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the Union,
Amendment 41 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
- 1. Asks the Commission to take into account the results of the Green Paper for public consultation (COM(2006)0763) and the results of the independent study that it ordered, as both reflect the legitimate interests of all stakeholders;
Amendment 45 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 51 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors and to avoid distorting effects in international trade;
Amendment 54 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 59 #
2007/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the EU already has a TDI regime with higher standards, resulting in more stringent application, than other trading partners especially with regard to the initiation, course and subsequent outcome of these investigations;
Amendment 68 #
2007/2198(INI)
Amendment 75 #
2007/2198(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the current EU TDI system already takes due account of the rightful and legitimate interests of all European stakeholders, as was stated by the majority of governments and stakeholders during the public consultation on the above-mentioned Green Paper;
Amendment 76 #
2007/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 81 #
2007/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 84 #
2007/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to act accordingly in order to instil social and environmental considerations into the reform of antidumping rules during the WTO negotiations, based on the international fundamental social and environmental standards that already exist;
Amendment 85 #
2007/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2007/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 90 #
2007/2198(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention, dual pricing and violations of IPR, which greatly affect fair competition in international markets;
Amendment 93 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 99 #
2007/2198(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission to maintain its strict criteria when initiating new TDI investigations in order to guarantee that prima facie evidence is provided by the complainants and that all the AD conditions for initiation are met;
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
2007/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is worried about the increasing use by the Commission of ex officio review in order to restrict or terminate measures in force;
Amendment 105 #
2007/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 112 #
2007/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 116 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 125 #
2007/2198(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" so as to take greater account of the interests of those companies which have moved or subcontracted part of their production outside the Union in so far as those companies are not affected by the duties unless they engage in dumping or receive subsidies;
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 128 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to open anti- dumping and countervailing procedures and to impose provisional duties as soon as possible when all the legal requirements have been met, including a threat of injury for the industry concerned;
Amendment 129 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that anti-dumping procedures should always give priority to the need to restore a level playing field, as the effects of unfair competition in the long run are against the interests of all participants in the Community market;
Amendment 130 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers therefore that the analysis of the impact on other interests can only justify the non-imposition of anti- dumping measures in exceptional cases, where it is obvious that defence measures will not be able to improve the situation of Community producers, and in any event cannot justify a downward adjustment in the level or duration of the duties imposed;
Amendment 131 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on the Commission to maintain its current practice that ensures the use of realistic and suitably motivated requirements when choosing an "analogue country" for investigative procedures;
Amendment 132 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Considers that the countervailing duty and the anti-dumping instrument are two distinct instruments with their own scope of application that could be used in a complementary way;
Amendment 133 #
2007/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 135 #
2007/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 137 #
2007/2198(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties; calls on the Hearing Officer to submit, following an independent analysis, to the European Parliament periodic reports in particular on the handling of cases by the Commission, including the conformity of the administrative practices with the basic regulations, and on the synthesis of its activities; stresses that for the sake of transparency and ensuring a meaningful role for the Hearing Officer, his/her reports following individual interventions should be made known to interested parties and the Antidumping Committee;
Amendment 138 #
2007/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 140 #
2007/2198(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to increase the transparency and predictability of the procedure of TDI investigations in the EU, to accelerate and simplify procedures, as well as to facilitate the accessibility of TDIs for SMEs, as they constitute the majority of the European industrial sector;
Amendment 143 #
2007/2198(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;
Amendment 145 #
2007/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
2007/2198(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 147 #
2007/2198(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 154 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 162 #
2007/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 164 #
2007/2198(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Urges the Commission to guarantee that the process of decision-making in TDI investigations is based on transparent and objective standards;
Amendment 165 #
2007/2198(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 167 #
2007/2198(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 170 #
2007/2198(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Underlines that the legal certainty and the legal framework within which TDI investigations are conducted, are fundamental taking into account that the standard court procedure takes too long to properly address possible flaws in TDI investigations; underlines the need to ensure that interested parties have recourse to expedited judicial review;
Amendment 174 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 177 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Asks for a greater share competence for other services of the Commission when conducting investigations, in order to guarantee the transparency and effectiveness of all TDI investigation procedures;
Amendment 178 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Calls for real and strong involvement of the European Parliament, in order to improve the credibility and transparency of the trade defence policy in general and of TDIs in particular;
Amendment 179 #
2007/2198(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 182 #
2007/2198(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Highlights and welcomes the fact that, through the ratification of the Treaty of Lisbon, the European Parliament will gain co-decision power in TDI matters; therefore requests the Commission not to introduce any kind of changes to the TDI procedures until the ratification of the Treaty;
Amendment 183 #
2007/2198(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 185 #
2007/2198(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that, under the Community interest test, the interests of Community producers must be given priority over other interests at stake;
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 190 #
2007/2198(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Asks the Commission to use the Community interest test only as a last resort and to always address the removal of injurious dumping as its first priority;
Amendment 193 #
2007/2198(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 195 #
2007/2198(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 198 #
2007/2198(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Stresses that, given that TDIs are a concept developed within the WTO mandate, it can hardly be advisable to engage in a process of unilateral revision of such instruments: reciprocity, as well as parallel steps towards their revision, on a multilateral level, namely on the part of the major EU trading partners, should be a precondition for this initiative; recalls that for the time being TDIs are the sole instruments in international trade law to address unfair trading practices;
Amendment 199 #
2007/2198(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 201 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Asks the Council to demonstrate solidarity when dealing with TDIs, in order to guarantee that European industry and its workers are effectively protected when confronted with unfair competition;
Amendment 203 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 204 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 207 #
2007/2198(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Urges the Commission not to propose a reform of the European regulation on TDI while the WTO negotiations are ongoing and until a real consensus is found among stakeholders and Member States;
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 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 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 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 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 554 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 16 – point ba (new)
Article 1 – point 16 – point ba (new)
Directive 2002/21/EC
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
(ba) Paragraph 2a is inserted: "At the latest by the date of entry into force of this Directive, the Commission shall publish guidelines for national regulatory authorities as regards decisions aimed at imposing, amending or withdrawing obligations on undertakings with significant market power."
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 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 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 34 #
2007/0211(CNS)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In March 2007, the implementation panel of the European Hydrogen and Fuel Cell Technology Platform adopted an implementation plan in which it was estimated that a budget of EUR 7.4 billion would be needed over the period 2007- 2015 to meet the technological challenges, of which a third should be spent on research and development. In order for the EU to be able to develop technologies that are sustainable in the long term, a significant part of this budget for research and development should be allocated to breakthrough-oriented research.
Amendment 35 #
2007/0211(CNS)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 36 #
2007/0211(CNS)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The participation of SMEs, research centres and universities in the RTD activities should be promoted. In line with the Rules for Participation in the Seventh Framework Programme, the maximum level of public funding of eligible costs should, in the case of SMEs, research centres and universities, be fifty percent higher than for other entities.
Amendment 37 #
2007/0211(CNS)
Proposal for a regulation
Recital 12
Recital 12
(12) The Founding Members of the FCH Joint Undertaking should be the European Community and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (hereinafter the 'Industry Grouping'), which represents the interests of industry and is open to private companies and fuel cell and hydrogen industry associations. A Research Grouping may become a member of the FCH Joint Undertaking.
Amendment 38 #
2007/0211(CNS)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The maximuminitial Community contribution to the FCH Joint Undertaking running costs and operational costs shall be 470 million EUR. The running costs are estimated not to exceed 20 million EUR. The contributions shall come from the 'Cooperation'contribution shall be paid from appropriations in the general budget of the European Union allocated to the "Energy", "Nanosciences, Nanotechnologies, Materials and New Production Technologies", "Environment (including Climate Change)" and "Transport (including Aeronautics)" themes of the Specific Programme implementing the Seventh Framework Programme for research, technological development and demonstration (2007- 2013) implementing the Community budget according to the provisions of Article 54(2)(b) of Regulation (EC, Euratom) No 1605/2002. The arrangements for the Community financial contribution shall be establis contribution may be revished by means of a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, andduring a mid-term review in light of progress made and the achievements and impact of the FCH Joint Undertaking.
Amendment 41 #
2007/0211(CNS)
Proposal for a regulation
Annex – Article I.5 – paragraph 8
Annex – Article I.5 – paragraph 8
8. The Governing Board may invite observers on a case by case basis, without voting rights, to attend their meetings, in particular representatives of the regions and of regulatory bodies and relevant fuel cell and hydrogen sectoral industry associations.
Amendment 43 #
2007/0211(CNS)
Proposal for a regulation
Annex – Article I.7 – paragraph 4
Annex – Article I.7 – paragraph 4
The Scientific Committee shall performhave the following tasks: – give its opinion on the relevance and progress of the annual RTD&D activities and recommend any amendments; – give its opinion ona) establish the scientific priorities for the proposals for the annual and multi- annual RTD&Dresearch activities plans; – advise the Governing Boardb) give its opinion on the scientific achievements described in the annual activity report; c) advise on the composition of the peer review committees.
Amendment 44 #
2007/0211(CNS)
Proposal for a regulation
Annex – Article I.8 – paragraph 7a (new)
Annex – Article I.8 – paragraph 7a (new)
7a. In the event that the Joint Research Centre of the Commission participate as in projects, its in-kind contribution shall not be considered part of the Community contribution.
Amendment 45 #
2007/0211(CNS)
Proposal for a regulation
Annex – Article I.9 – paragraph 3
Annex – Article I.9 – paragraph 3
3. The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator. Normally the coordinator shall be a member of the Industry Grouping or, a member of the Research Grouping, if such Research Grouping is established. Exceptions shall be approved by the Governing Board.
Amendment 160 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Directive 2003/55/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 163 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 d (new)
Article 1 – point 1 d (new)
Directive 2003/55/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
(1d) In Article 3, paragraph 4 shall be replaced by the following: "4. Member States shall implement appropriate measures to achieve the objectives of social and economic cohesion, environmental protection, which may include energy efficiency/demand-side management measures and means to combat climate change, and security of supply. Such measures may include, in particular, the provision of adequate economic incentives, using, where appropriate, all existing national and Community tools, for the maintenance and construction of the necessary network infrastructure, including interconnection capacity. Having full regard to the relevant provisions of the Treaty, Member States may promote agreements on a long term basis between energy consumers and suppliers that contribute to improving the production and distribution of energy while allowing consumers a fair share of the resulting benefits, provided that they can contribute to an optimal level of investments in the energy sector."
Amendment 228 #
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 the 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."
Amendment 342 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 13
Article 1 – point 13
Directive 2003/55/EC
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
5. Within two months after receiving a notification, the Commission may take a decision requiring the regulatory authority to amend or withdraw the decision to grant an exemption. That period shall begin on the day following the receipt of the notification. The two month period may be extended by two additional months where additional information is sought by the Commission. That period shall begin on the day following the receipt of the complete additional information. The two month period can also be extended with the consent of both the Commission and the regulatory authority. Where the requested information is not provided within the period set out in the request, the notification shall be deemed to be withdrawn unless, before the expiry of thatbefore the expiry of any such extension period, eitheor the period has beennot been further extended with the consent of both the Commission and the regulatory authority before it expires, or the regulatory authority has not informed the Commission, in a duly reasoned statement, thast informed the Commission that it considers the notificationt considers the notification to be complete, the notification shall be considered nevertheless to be complete.
Amendment 167 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/54/EC
Article 3 – paragraph 3 - subparagraph 1
Article 3 – paragraph 3 - subparagraph 1
Amendment 179 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 i (new)
Article 1 – point 1 i (new)
Directive 2003/54/EC
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 190 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/54/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 204 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/54/EC
Article 5a
Article 5a
Member States shall cooperate among themselves for the purpose of harmonising and integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory frameworks. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity.
Amendment 286 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
"1a. In order to allow a gradual transformation, the derogation shall be a temporary measure of no more than 4 years of duration. The result shall be the ownership unbundling."
Amendment 332 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 10 - point (c)
Article 1 – point 10 - point (c)
Directive 2003/54/EC
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 346 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 11 e (new)
Article 1 – point 11 e (new)
Directive 2003/54/EC
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
Amendment 380 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (– a) (new)
Article 22c – paragraph 1 – point (– a) (new)
(–a) setting or approving, independently and in accordance with transparent criteria, regulated network tariffs and network tariff components;
Amendment 444 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 2 a (new)
Article 22c – paragraph 2 a (new)
Amendment 456 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (b)
Article 22c – paragraph 3 – point (b)
(b) to carry out in cooperation withsupport the national competition authority investigations of the functioning of the electricity markets, and to decide, in the absence of violations of competition rules, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including virtual power plants;
Amendment 527 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22f – paragraph 3
Article 22f – paragraph 3