182 Amendments of Erna HENNICOT-SCHOEPGES
Amendment 50 #
2008/2329(INI)
Motion for a resolution
Subheading (new) after paragraph 19 a
Subheading (new) after paragraph 19 a
The European educational system
Amendment 51 #
2008/2329(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Notes that the first European School came into existence in Luxembourg in October 1953 on the initiative of a group of officials of the ECSC High Authority with the support of the Community institutions and the Luxembourg Government and that a protocol was signed in April 1957 making the Luxembourg School the first official European School;
Amendment 52 #
2008/2329(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Notes that the European Schools are official educational establishments set up jointly by the governments of the EU Member States and the European Community, that they have legal status as a public institution in each of these countries, that their main task is to provide multilingual and multicultural education to the children of staff of the European Communities at nursery, primary and secondary level and that there are currently 14 European Schools with almost 20 000 pupils;
Amendment 53 #
2008/2329(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Stresses that holders of the European Baccalaureate can enter higher education establishments and universities in a country of their choice in the EU and that, according to a survey by the European Parliament in October 2008 on the university and professional careers of alumni of the European Schools, the course of studies leading to the European Baccalaureate educates multilingual children in a multicultural environment, where importance is attached to the teaching of science, the arts and ‘European hours’;
Amendment 54 #
2008/2329(INI)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Therefore calls on the Commission to envisage including the European Schools in the work of the Eurydice network;
Amendment 55 #
2008/2329(INI)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Notes that, in order to ensure that the work of the European Schools continues, in view of the successive enlargements and the growing number of agencies and increased mobility of European officials, the European Parliament in its resolution of 17 December 2002 on the future financing of the European Schools1 and its resolution of 8 September 2005 on options for developing the European Schools system2, urged radical reform of the system with a few to better governance and openness, aiming in time to enable any accredited national school to award the European Baccalaureate according to the criteria laid down at the meeting of the Board of Governors of the European Schools of April 2005;
Amendment 56 #
2008/2329(INI)
Motion for a resolution
Paragraph 19 g (new)
Paragraph 19 g (new)
Amendment 131 #
2008/2237(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the importance of an internal market which favours SMEs by virtue of being based on transparent, simple and coherent rules, and which can thus foster cross-border trading by SMEs; further considers that the guiding principle of ‘Think Small First’ should not remain a mere slogan, in other words that any new (legislative or other) measure should be designed so that all SMEs can easily understand and implement it; also takes the view that these measures should not involve additional administrative burdens and believes that any new compliance costs charged to SMEs should result in better access to the internal market; finally, considers that SMEs should be able to develop as easily on cross-border markets as on their own domestic markets;
Amendment 21 #
2008/2099(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Council has called on the Member States, as far as possible, to complete the switchover to digital before 2012,
Amendment 22 #
2008/2099(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas all the Member States have published their proposals concerning the switchover to digital,
Amendment 76 #
2008/2099(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 102 #
2008/2099(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. In order to achieve a more efficient use of spectrum and to facilitate the emergence of innovative and successful national, cross-border and pan-European services, supports the coordination approach of the Commission, based on three different clusters of the UHF spectrum, taking into account the potential for radio interference arising from the co-existence of different types of networks in the same band, the ITU Geneva-06 Agreement (Regional Radiocommunication Conference 2006) and of the World Radiocommunication Conference 2007 (WRC-07) and the existing authorisations;
Amendment 2 #
2008/2025(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that the function of the EIT must be seen as complementary to the other Community initiatives on research and innovation, mainly the Seventh Framework Programme for Research and Technological Development and the Competitiveness and Innovation Framework Programme (CIP), and that optimum allocation of research and innovation resources is therefore required in the context of the revision of the financial perspective;
Amendment 3 #
2008/2025(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to promote the establishment of a regulatory framework for electronic communications which encourages coherent investments (for established undertakings and new actors), ensures competition and consumer choice and is able to meet current challenges and those to come, such as the deployment of optical fibre in the European Union. That framework will only be fully effective if the Body of European Regulators in Telecommunications (BERT) is funded in accordance with the needs expressed;
Amendment 4 #
2008/2025(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Questions whether the present trend to establish new regulatory agencies entrusted with administrative tasks, such as the proposed European Electronic Communications Market Authority and the Agency for the Cooperation of Energy Regulators, is a useful development; suggests that proper staffing of Commission departments working within priority areas might prove a better way of achieving the policy goals; supports, in that regard, the proposal to create a Body of European Regulators in Telecommunications (BERT) as an alternative to the European Electronic Communications Market Authority (EECMA), whose activities will be based on the current activities of the European Regulators Group (ERG), with joint funding from the 27 Member States via the national regulatory authorities and from the European Union;
Amendment 5 #
2008/2025(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that, due to the limited margin available in Heading 1A, proper implementation and evaluation of ongoing pilot projects and preparatory actions should be one of the priorityies, together with new pilot projects and preparatory actions.
Amendment 63 #
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 after the date of implementation of this Directive, with the following provisions:
Amendment 65 #
2008/0221(COD)
Proposal for a directive
Article 4 – point 1
Article 4 – point 1
(1) suppliers shall ensure that C1 and C2 tyres, which are delivered to distributors or end-users, are equipped withpoints of sale are supplied with a label, displayed by any means or by a sticker on the tyre tread displaying a label, indicating the fuel efficiency class as set out in Annex I, Part Aand wet grip information and the external rolling noise measured value, as set out in Annex I, Part C;C1 tyre labels shall also indicate the wet grip class as set out in Annex I, Part Bs A, B and C respectively;
Amendment 88 #
2008/0221(COD)
Proposal for a directive
Article 5 – point 1
Article 5 – point 1
(1) distributors shall ensure that tyres, at the point of sale, bear the stickerlabelling information provided by suppliers in accordance with Article 4(1), point 1 in a clearly visible position is available at the point of sale;
Amendment 97 #
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 122 #
2008/0221(COD)
Proposal for a directive
Article 10
Article 10
Member States shall not provide incentives with regard to tyres below the fuel efficiency level class C and below wet grip class C, within the meaning of Annex I, Parts A and B.
Amendment 4 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Performers generally start their careers young and the current term of protection of 50 years with regard to performances fixed in phonograms and for phonogramthe fixation of performances often does not protect their performances during their entire lifetime. Therefore, performers face an income gap at the end of their lifetimes. They are also often not able to rely on their rights to prevent or restrict objectionable uses of their performances that occur during their lifetimes.
Amendment 18 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the publicthe relevant trigger point.
Amendment 19 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) The term of protection for performers should also be calculated with reference to the same trigger points as the term of protection for phonogram producers.
Amendment 26 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to rebalance contracts under which performers transfer their exclusive rights, on a royalty basis, to a phonogram producer, a further condition attached to term extension should be a 'clean slate' for those performers who have assigned those rights to phonogram producers in return for royalties or remuneration. In order for performers to benefit fully from the extended term of protection, Member States should ensure that, under agreements between phonogram producers and performers, a royalty unencumbered by advance payments or contractually defined deductions is paid to performers during the extended period.
Amendment 36 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Paragraphs 32a to 6 of this article shall apply to contracts on transfer or assignment which continue to produce their effects beyond 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.
Amendment 37 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 2 a (new)
Article 10a – paragraph 2 a (new)
2a. Where a performer has transferred his exclusive rights for a recurring payment, no advance payments nor contractually defined deductions shall be deducted from the recurring payment due to the performer.
Amendment 48 #
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 antd 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 jointlyin accordance with the applicable national laws. 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 8 #
2008/0100(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Commission should also, within 12 months after the entry into force of this Regulation, examine the possibility of classifying EU roads according to noise generation, with a view to setting maximum noise generation limits and fixing appropriate pavement specifications.
Amendment 19 #
2008/0100(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes requirements for the type-approval of motor vehicles, their trailers, and of systems, components and separate technical units intended therefor, with regard to their safety. This Regulation also establishes requirements for the type-approval of tyres, with regard to their CO2 and noise emissionsafety and environmental performance. It shall not apply to retreaded tyres.
Amendment 22 #
2008/0100(COD)
Proposal for a regulation
Article 3 – point 6
Article 3 – point 6
Amendment 24 #
2008/0100(COD)
Proposal for a regulation
Article 3 – point 10 a (new)
Article 3 – point 10 a (new)
(10a) “Off-road professional tyre” means a sub-category of special use tyre primarily used in severe off-road conditions.
Amendment 25 #
2008/0100(COD)
Proposal for a regulation
Article 3 – point 10 b (new)
Article 3 – point 10 b (new)
(10b) "Reinforced" or "Extra Load" means a C1 pneumatic-tyre structure in which the tyre carcass is designed to carry a heavier load than a corresponding standard tyre.
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 78 #
2008/0100(COD)
Proposal for a regulation
Annex I – Part B – Table 2
Annex I – Part B – Table 2
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 47 #
2008/0035(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. In view of the various definitions of nanomaterials published by different bodies and the constant technical and scientific developments in the field of nanotechnologies, the Commission should: a) propose a definition to be accepted at European Community and, if possible, international level, by the competent international fora, no later than 18 months after the adoption of this regulation. Once such an agreement has been reached, paragraph 1(a) shall be adapted; b) adjust and adapt the definition in paragraph 1(a) to ensure that it is in keeping with scientific and technological progress and with definitions subsequently agreed at international level. The measures referred to in points (a) and (b) amending the non-essential elements of this regulation, including by complementing them, shall be adopted in compliance with the regulatory procedure with scrutiny referred to in Article 27(3).
Amendment 53 #
2008/0035(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The responsible person shall ensure that: (a) the intended use of the cosmetic product and the anticipated systemic exposure to individual ingredients in a final formulation is taken into account in the safety assessment; (b) an appropriate weight-of-evidence approach is used in the safety assessment for reviewing relevant data from several sources, including data from in-vitro, in- silico, existing GLP or non-GLP in-vivo and human studies; c) the cosmetic product safety report is kept up-to-date in view of additional relevant information generated subsequent to placing the product on the market.
Amendment 78 #
2008/0035(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Nanomaterials The Commission shall review the provisions of this Regulation concerning nanomaterials at least once every five years in the light of scientific progress and, where necessary, shall propose suitable amendments to those provisions. The Commission shall submit to the Council and to Parliament an annual report on developments in the use of nanomaterials in cosmetic products within the Community. The report shall summarise, in particular, the types of use notified and the number of notifications, and the progress made in developing characterisation methods and safety assessment guides and with public information measures and international cooperation programmes.
Amendment 79 #
2008/0035(COD)
Proposal for a regulation
Article 12 b (new)
Article 12 b (new)
Amendment 127 #
2008/0016(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Renewable Energy Roadmap demonstrated that a 20% target for the overall share of energy from renewable sources and a 10% target for renewable energy in transport would be appropriate and achievable objectiveswould be appropriate, and that a framework that includes mandatory targets should provide the business community with the long term stability it needs to make rational investment decisions in the renewable energy sector. While the arguments in favour of the 20% target for the overall share of energy from renewable sources have grown considerably stronger, the 10% target for renewable energy in transport is increasingly being questioned.
Amendment 138 #
2008/0016(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The main purpose of binding targets is to provide certainty for investors. Deferring a decision about whether a target is binding until a future event takes place is thus not appropriate. In a statement to the minutes of the Council of 15 February 2007, the Commission therefore stated that it did not consider that the binding nature of the target should be deferred until second generation biofuels became commercially availableHowever, the many unknowns with regard to biofuel production today calls for a more cautious approach than the one hitherto envisaged. The 10% binding target should therefore be reconsidered.
Amendment 150 #
2008/0016(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In the light of the positions taken by the Commission, the Council and the European Parliament, it is appropriate to establish mandatory targets for an overall 20% share of renewable energy and a 10n 8% share of renewable energy in transport in the European Union's consumption in 2020. Those targets – as well as the overall policy framework, not least the methodology for calculating greenhouse gas savings – should be subject to regular reviews.
Amendment 220 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, biomass for energy shall only be taken into account for the purposes referred to in paragraph 1 if effective measures have been taken to prevent: (a) water pollution, including groundwater; (b) excessive water consumption in areas where water is scarce; (c) air pollution; (d) deterioration of the soil quality.
Amendment 231 #
2008/0016(COD)
Proposal for a directive
Article 15 - paragraph 7 a (new)
Article 15 - paragraph 7 a (new)
7a. The European Commission shall appoint a committee of independent experts that shall develop a mechanism to accurately assess and address the indirect effects of bioenergy on land-use change and indirect effect on degradation of natural forests or other natural ecosystems, to be applied from 31 December 2010 at the latest. It is essential that indirect effects are included.
Amendment 239 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 274 #
2008/0016(COD)
Proposal for a directive
Article 20 – paragraph 5 – point d a (new)
Article 20 – paragraph 5 – point d a (new)
(da) the impact of EU biofuel policy on direct and indirect land use change and an estimate of the associated carbon emissions-.
Amendment 298 #
2008/0016(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 320 #
2008/0016(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Since the general objectives of achieving a 20% share of renewable energies in the Community’s overall energy consumption and a 10n 8% share of biofuels in each Member State’s transport petrol and diesel consumptionrenewable energy in transport in each Member State by 2020 cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 396 #
2008/0016(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Each Member State shall ensure that the share of energy from renewable sources in transport in 2020 is at least 108% of final consumption of energy in transport in that Member State. In calculating total energy consumed in transport for the purposes of the first subparagraph, petroleum products oth, but only on the condition that energy from renewable sources in transport fulfils the environmental sustainability criteria in Article 15. The target shall be subject to regular reviews every than petrol and diesel shall not be taken into accountree years starting in 2012 on the basis of the Commission reports referred to in Article 20.
Amendment 517 #
2008/0016(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a For the achievement of national targets, biofuel certificates coming from a Member State with whom another Member State has signed a bilateral agreement will be taken into account. Those biofuel certificates shall be cancelled in the acquisition country. The greenhouse gas emission savings linked to the biofuel certificates shall be counted in the acquisition country.
Amendment 580 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States whose share of energy from renewable sources equalled or exceeded the indicative trajectory in Part B of Annex I in the immediately preceding two-year period may request the competent bodies designated in accordance with Article 7 to transfer the guarantees of origin submitted for cancellation under Article 8(1) to another Member State. Such guarantees of origin shall immediately be cancelled by the competent body in the receiving Member State.
Amendment 795 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The greenhouse gas emission saving from the use of biofuels and other bioliquidenergy from biomass taken into account for the purposes referred to in paragraph 1 shall be at least 35%. In the case of biofuels and other bioliquidcalculated on the basis of Article 17(1) and shall be at least 50%. In the case of energy from biomass produced by installations that were in operation in January 2008, the first subparagraph shall apply from 1 April 2013.
Amendment 826 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 4 – subparagraph 1 – introductory part
Article 15 – paragraph 4 – subparagraph 1 – introductory part
4. Biofuels and other bioliquidEnergy from biomass taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high carbon stock, that is to say land that had one of the following statuses in JanuaryNovember 20085 and no longer has this status:
Amendment 840 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, biomass for energy shall only be taken into account for the purposes referred to in paragraph 1 if effective measures have been taken to prevent: (a) water pollution, including groundwater; (b) excessive water consumption in areas where water is scarce; (c) air pollution; (d) deterioration of the soil quality.
Amendment 873 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7a. Energy from biomass shall not be taken into account for the purposes referred to in paragraph 1 unless effective measures have been taken to prevent: (a) deterioration of surface and groundwater quality by inputs of pollutants and excessive amounts of nutrients; (b) excessive water consumption in areas where water is scarce.
Amendment 908 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
(6) Decisions pursuant to paragraph 4 shall be adopted in accordance with the procedure referred to in Article 21(2). Such decisions shall be valid for a period of no more than 5 years. These decisions can also be revoked earlier, if evidence shows that sustainability standards are violated or if the schemes or agreements fail to assure adequate standards of reliability, transparency and independent auditing on a regular and frequent basis.
Amendment 913 #
2008/0016(COD)
Proposal for a directive
Article 16 – paragraph 8 a (new)
Article 16 – paragraph 8 a (new)
8a. The European Commission shall appoint a committee of independent experts that shall develop a mechanism to accurately assess and address the indirect effects of bioenergy on land-use change and indirect effect on degradation of natural forests or other natural ecosystems, to be applied from 31 December 2010 at the latest. It is essential that indirect effects are included.
Amendment 923 #
2008/0016(COD)
Proposal for a directive
Article 17 – paragraph 1 – point ca (new)
Article 17 – paragraph 1 – point ca (new)
(ca) Emissions caused by indirect land use change, as specified in Part C of Annex VII, shall be added unless the production is based upon raw materials that do not require the use of arable, pasture or permanent crop land, including waste.
Amendment 932 #
2008/0016(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Commission shall report, by 31 December 20120 at the latest on the estimated, and every two years thereafter, review the typical and default values in Annex VII Part B and Part E, paying special attention to emissions from transport and processing, and maycultivation. With regard to typical and default values for cultivation, the Commission shall present by 31 December 2010 a new set of actual and default values that reflect regional and climatological conditions. In the review process the opinions of producers both in third countries and within the Community shall be solicited. In addition, wthere necessary, decides to correct the value Commission shall assess, and if necessary propose, typical and default values for cultivation using sustainable agricultural and organic farming methods. Such a measure designed to amend non- essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3). Values for emissions caused by indirect land use change, as specified in Part C of Annex VII, shall also be reviewed and be adapted to land use and/or feedstock specific factors.
Amendment 970 #
2008/0016(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Barriers to national target achievement Where a Member State considers that, due to 1) insufficient availability of sustainable biofuel or guarantees of origin on the market or 2) any administrative or legal obstacle that is not from its responsibility, it is under the impossibility to meet the share of energy from renewable sources in final consumption of energy in 2020 set out in the third column of the table in Annex 1, it shall inform the Commission as soon as possible. The Commission shall adopt a decision on whether these aforementioned barriers have been demonstrated, in which case it shall decide what adjustment shall be made to the Member State's final consumption of energy from renewable sources for the year 2020.
Amendment 1016 #
2008/0016(COD)
Proposal for a directive
Article 20 – paragraph 5 – point d a (new)
Article 20 – paragraph 5 – point d a (new)
(da) the impact of EU biofuel policy on direct and indirect land use change and an estimate of the associated carbon emissions.
Amendment 1085 #
2008/0016(COD)
Proposal for a directive
Annex VII – Part C – paragraph 1
Annex VII – Part C – paragraph 1
1. Greenhouse gas emissions from the production and use of transport fuels, biofuels and other bioliquids shall be calculated as: E = eec + el + eiluc + esca+ ep + etd + eu – eccs -– eccru – eee, where E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; el = annualised emissions from carbon stock changes caused by land use change; eiluc = risk coefficient of specific biofuel crops produced in specific regions esca = emission savings from soil carbon accumulation via improved agricultural management ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; eccs = emission savings from carbon capture and sequestration; eccru = emission savings from carbon capture and replacementuse; and eee = emission savings from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account.
Amendment 1089 #
2008/0016(COD)
Proposal for a directive
Annex VII – Part C – paragraph 2
Annex VII – Part C – paragraph 2
2. Greenhouse gas emissions from fuels, E, shall be expressed in terms of grams of CO2 equivalent per MJ of fuel, gCO2eq/MJ. The value for eiluc will be 40 gCO2eq/MJ for all biofuels produced from raw materials grown on agricultural land. This value will be subject to regular reviews based on the latest scientific data.
Amendment 1097 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 8 a (new)
Annex VII – part C – paragraph 8 a (new)
8a. Emissions caused by indirect land use change, eiluc, shall have a value of 0 where biofuel production is based upon raw materials that do not require the use of arable, pasture or permanent crop land, including waste. eiluc shall have a value of 20g CO2/MJ in all other cases.
Amendment 1099 #
2008/0016(COD)
Proposal for a directive
Annex VII – part C – paragraph 8 b (new)
Annex VII – part C – paragraph 8 b (new)
8b. Emission savings from soil carbon accumulation from improved agricultural management, esca, may be accounted for on condition that they have not already been accounted for in el.
Amendment 149 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 4 – subparagraph 1 a and 1 b (new)
Article 4 – paragraph 4 – subparagraph 1 a and 1 b (new)
For a Member State which is under an obligation to reduce greenhouse gas emissions by more than 10% by 2020, this 3% limit shall be increased by a number of percentage points equal to the difference between the reduction obligation applicable to that Member State and -10%. Each Member State may carry over unused credits to the subsequent years.
Amendment 153 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4b. Member States shall only use project credits from renewable energy and end- use efficiency projects that conform to high quality criteria guaranteeing the additionality of projects as well as their contribution to sustainable development. Quality criteria should conform at least to the 'Gold Standard' or equivalent. Only credits from hydroelectric projects under 10 MW should be allowed, and only if they conform with the World Commission on Dams criteria.
Amendment 71 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 10
Recital 10
(10) Where equivalent measures to reduce greenhouse gas emissions, in particular taxation, are in place for small installations whose emissions do not exceed a threshold of 1025 000 tonnes of CO2 per year, there should be a procedure for enabling Member States to exclude such small installations from the emissions trading system for so long as those measures are applied. These small installations should however be allowed to remain within the Community scheme. This threshold relatively offers the maximum gain in terms of reduction of administrative costs for each tonne excluded from the system, for reasons of administrative simplicity. As a consequence of the move from five-year allocation periods, and in order to increase certainty and predictability, provisions should be set on the frequency of revision of greenhouse gas emission permits.
Amendment 15 #
2007/2206(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 19 #
2007/2206(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to report to Parliament regularly on progress in the representation of women on assessment boards and selection committees, which under the Sixth framework programme for research and technological development are required to include a female membership of at least 40 %.
Amendment 20 #
2007/2206(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Member States to analyse the factors behind the low proportion of women (15 % on average in the EU) in senior posts in the universities and education authorities, seriously reducing their influence over decision-making in research, when they have 43 % of the doctorates awarded in the EU.
Amendment 26 #
2007/2206(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to analyse the factors discouraging women’s presence in senior posts in universities and education authorities, seriously reducing their influence over decision- making in research within the European Union, and to propose appropriate solutions.
Amendment 51 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 − paragraph 4 – subparagraph 2
Article 9 − paragraph 4 – subparagraph 2
Restrictions that require an electronic communication service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 52 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 − paragraph 4 – subparagraph 3
Article 9 − paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communication service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 54 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 − paragraph 5
Article 9 − paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 92 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 3
Recital 3
(3) The EU regulatory framework for electronic communications networks and services should therefore be reformed in order to complete the internal market for electronic communications by strengthening the Community mechanism for regulating operators with significant market power in the key markets. This is complemented through the establishment by Regulation […/…./EC] of [date] of the European Parliament and of the Council of a European Electronic Communications Market Authority (hereinafter referred to as "the Authority"). The reform also includes the definition of an efficient spectrum management strategy in order to achieve a Single European Information Space and the reinforcement of provisions for users with disabilities in order to obtain an inclusive information society.
Amendment 101 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 3 b (new)
Recital 3 b (new)
(3b) The reform of the EU regulatory framework would be best enhanced by the improved functioning and efficiency of the European Regulators Group (ERG), the Radio Spectrum Policy Group (RSPG) and the European Conference on Postal and Telecommunications Administrations (CEPT). The advisory role of the ERG should be strengthened in areas including market regulation and spectrum policy. The advisory roles of both the RSPG and the CEPT should be reinforced in relation to spectrum policy. The functioning of the Communications Committee (COCOM) and the Radio Spectrum Committee (RSC) would benefit from greater transparency and the more active involvement of industry stakeholders in the preparation of ongoing tasks.
Amendment 115 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) The views of national regulatory authorities and industry stakeholders should be taken into account by the Commission when making decisions under this Directive through the use of effective consultation to ensure transparency and proportionality. The Commission should issue detailed consultation documents, explaining the different courses of action being considered, and interested stakeholders shall be given a reasonable time in which to respond. Having considered the responses, the Commission should give reasons for the resulting decision in a statement following the relevant consultation, including a description of how the views of those responding have been taken into account.
Amendment 124 #
2007/0247(COD)
Recital 22
(22) The spectrum managementIn applying the provisions of this Directive should be consistent with the relating to spectrum management, Member States should act in accordance with the legal framework of international and regional organisations dealing with radio spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management of and harmonisation of the use of spectrum across the Community and globallybetween Member States and other members of the ITU.
Amendment 128 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Radio frequencies should be managed so as to ensure that harmful interference is avoided. This basic concept of harmful interference should therefore be properly defined by taking account of existing internationally or regionally agreed frequency allocation plans to ensure that regulatory intervention is limited to the extent necessary to prevent such interference.
Amendment 135 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 21
Recital 21
(21) Exceptions to the principle of technology neutrality should be limited and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, or to ensure the protection of public health by limiting public exposure to electromagnetic fields, or to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, or where strictly necessary to comply with an exception to the principle of service neutrality.
Amendment 141 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to copedeal with previously acquired rights and the provisions of national frequency allocation plans and the International Telecommunication Union (ITU) Radio Regulations. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service in order to take national public policy considerations into account or to meet clearly defined general interest objectives such as, for example, safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitteradio frequencies and wthere necessary and proportionate effective management of spectrum. Those objectives should include the promotion of national audiovisual and media policies, cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, or ensure that the above objectives are achieved, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 152 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity, national audiovisual and media policies and media pluralism in accordance with their own national law.
Amendment 185 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 49
Recital 49
Amendment 191 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 195 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 51
Recital 51
(51) Considering its restrictive impact on free access to radio frequencies, the validity of an individual right of use that is not tradable should be limited in time. Where rights of use contain provision for renewing their validity, Member States should first carry out a review, including a public consultation, taking into account market, coverage and technological developments. In view of spectrum scarcity, individual rights granted to undertakings should be regularly reviewed. In carrying out this review, Member States should balance the interests of the rights holderscarrying out this review, Member States should balance the interests of the rights holders and consumers (taking into account investment made, investment and innovation potential and the need to ensure business certainty) with the need to foster the introduction of spectrum trading as well as the more flexible use of spectrum through general authoriszations where possible.
Amendment 214 #
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 221 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/21/EC
Article 2 – point s
Article 2 – point s
(s) “harmful interference” means interference which endangers the functioning of a radionavigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with the applicable international, Community or national regulations.
Amendment 299 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 – point b
Article 1 – point 8 – point b
Directives 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of content and access to services across all networks;
Amendment 318 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Article 8. They shall ensure that the allocation and assignment of such radio frequencies by national regulatory authorities are based on objective, transparent, non-discriminatory and proportionate criteria, respect international agreements (including those made under the auspices of the ITU) and take account of public policy considerations.
Amendment 325 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of radio network or wireless access, Member States shall ensure, insofar as possible, that all types of technology may be used in the radio frequency bands open toavailable for electronic communications services, as identified in their national frequency allocation plans and in the ITU Radio Regulations.
Amendment 330 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of radio network or wireless access technology may be used in the radio frequency bands open to electronic communications services.
Amendment 331 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – introductory wording
Article 9 – paragraph 3 – subparagraph 2 – introductory wording
Member States may, however, provide for proportionate and non-discriminatory restrictions ton the types of radio network or wireless access technology used for electronic communication services where this is necessary to:
Amendment 332 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point a
Article 9 – paragraph 3 – subparagraph 2 – point a
(a) avoid the possibility of harmful interference,
Amendment 336 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point b
Article 9 – paragraph 3 – subparagraph 2 – point b
(b) protect public health against electromagnetic fieldsensure technical quality of service,
Amendment 339 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c
Article 9 – paragraph 3 – subparagraph 2 – point c
(c) ensure maximisation of radio frequencies sharing where thethe efficient use of radio frequencies is subject to a general authorisation, or
Amendment 341 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)
Article 9 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) protect public health against electromagnetic fields, or
Amendment 351 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that, Member States shall, insofar as possible, facilitate the use of all types of electronic communications services may be provided in the radio frequency bands open toavailable for electronic communications, in accordance with their national frequency allocation plans and the ITU Radio Regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.
Amendment 359 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 367 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 370 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.
Amendment 373 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Paragraphs 3 and 4 shall apply to the allocation and assignment of radio frequencies after 31 December 2009[date of transposition].
Amendment 380 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9 a
Article 9 a
Amendment 403 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of, provided that such transfer or lease is in accordance with national procedures and does not result in a change in the service as identified in the national fregulatory authorityquency allocation tables and in the ITU Radio Regulations for that radio frequency band.
Amendment 414 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 2
Article 9b – paragraph 1 – subparagraph 2
In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakings in accordance with national procedures.
Amendment 415 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 2 a (new)
Article 9b – paragraph 1 – subparagraph 2 a (new)
2a. However, where such transfer or lease would involve frequencies which have been made available on the basis of a restriction to ensure the fulfilment of a general interest objective as provided for in Article 9(4), the prior consent of the national regulatory authority shall be required. Where applicable, Member States may require an authorisation or an opinion from the national authority responsible for audiovisual media services.
Amendment 416 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 a (new)
Article 9b – paragraph 1 a (new)
1a. Radio frequencies which have been attributed freely to stakeholders may not be transferred in return for remuneration. If radio frequencies have been attributed in fulfilment of a general interest obligation, the transfer of those frequencies shall entail the transfer of that obligation to the stakeholder.
Amendment 418 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 2
Article 9b – paragraph 2
2. Member States shall ensure that an undertaking’s intention to transfer of rights to use radio frequencies is notified to the national regulatory authority responsible for spectrum assignment and is made public. Where radio frequency usespecific conditions for the use of a radio frequency have been established at national level or hasve been harmonised through the application of the Radio Spectrum Decision or other Community measures, any such transfer shall comply with such harmonised use.
Amendment 425 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – introductory wording
Article 9c – paragraph 1 – introductory wording
In order to contribute to the development of the internal market, for the achievement of the principles of this Article and in accordance with Article 9d and the Radio Spectrum Decision, the Commission may adopt appropriate implementing measures to:
Amendment 448 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragaph 1 – point a
Article 9c – paragaph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings, with the exception of radio broadcasting frequencies;
Amendment 449 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point a
Article 9c – paragraph 1 – point a
(a) harmonise the identification ofidentify the bands for which usage rights may be transferred or leased between undertakings;
Amendment 451 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c – paragaph 1 – point b
Article 9c – paragaph 1 – point b
(b) harmonise the conditions attached to such rights andcreate an exception to the principle of services or technology neutrality, as well as to harmonise the sconditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or leasespe and nature of any exceptions to these principles in accordance with Article 9(3) and (4), other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism;
Amendment 453 #
2007/0247(COD)
Proposal for a directive – amending act Article1 – point 10 Directive 2002/21/EC
Article 9c – paragraph 1 – point b
Article 9c – paragraph 1 – point b
Amendment 457 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC
Article 9c – paragraph 1 – point c
Article 9c – paragraph 1 – point c
Amendment 459 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2002/21/EC
Article 9c – subparagraph 1 – point c
Article 9c – subparagraph 1 – point c
Amendment 462 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 1 – point d
Article 9c – paragraph 1 – point d
Amendment 475 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/20/EC
Article 9c – paragraph 2
Article 9c – paragraph 2
These measures in this Article, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC].’
Amendment 483 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10a (new)
Article 1 – point 10a (new)
Directive 2002/20/EC
Article 9ca (new)
Article 9ca (new)
Amendment 491 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point b
Article 1 – point 11 – point b
Directive 2002/21/EC
Article 10 – paragraph 4 - subparagraph 1
Article 10 – paragraph 4 - subparagraph 1
4. Member States shall support harmonisation in numbering within the Community where that promotes the functioning of the internal market or supports the development of new pan- European services, without detrimental effects for existing services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number rangto ensure cross-border access to national numbering used for essential services such as directory enquiries. The implementing measures may grant the Authority specific responsibilities in the application of those measures.
Amendment 600 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 20
Article 1 – point 20
Directive 2002/21/EC
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) Consistent implementation of regulatory approaches, including regulatory treatment of pan-European services, such as global telecommunications services, and of new services;
Amendment 618 #
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 658 #
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 660 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point b b (new)
Article 2 – point 8 – point b b (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point jb (new)
Article 12 – paragraph 1 – subparagraph 2 – point jb (new)
(bb) In the second subparagraph of paragraph 1, the following point is added: "(jb) network operators shall propose and offer cross-border interconnection to requesting operators under reasonable and non-discriminatory conditions to allow for the further decrease of international calls."
Amendment 661 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 8 – point b c (new)
Article 2 – point 8 – point b c (new)
Directive 2002/19/EC
Article 12 – paragraph 1 – subparagraph 2 – point jc (new)
Article 12 – paragraph 1 – subparagraph 2 – point jc (new)
(bc) In the second subparagraph of paragraph 1, the following point is added: "(jc) network operators shall propose and offer roaming to requesting operators under reasonable and non-discriminatory conditions."
Amendment 717 #
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 2a (new) §
Article 3 – paragraph 2a (new) §
(2a) In Article 3, the following paragraph is added: "2a. Global telecommunications services shall be subject to no more than a simplified notification process with specified registration of electronic communications service activity as "global telecommunications services". Global telecommunications services are managed business data and voice services provided to multinational undertakings located in different countries and often different continents. They are inherently cross-border and, within Europe, pan- European services."
Amendment 722 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – introductory wording
Article 5 – paragraph 1 – introductory wording
1. Member States shall not makfacilitate the use of radio frequencies subject to the granting of individual rights of use but shall include the conditions for usage of such radio frequencies in the general authorisation, unless it is justified togeneral authorisation. Member States may grant individual rights in order to:
Amendment 729 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) avoid a serious riskthe possibility of harmful interference; or
Amendment 738 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) fulfil other objectives of general interestensure the efficient use of spectrum.
Amendment 740 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point ba (new)
Article 5 – paragraph 1 – point ba (new)
(ba) ensure the technical quality of services.
Amendment 742 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – point bb (new)
Article 5 – paragraph 1 – point bb (new)
(bb) fulfil other objectives of general interest.
Amendment 747 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Without prejudice to specific criteria defined in advanceand procedures adopted by Member States to grant rights of use of radio frequencies to providers of radio or television broadcast content services with a view to pursuing general interest objectives in conformity with Community law, such rights of use shall be granted through objective, transparent, non-discriminatory and proportionate procedures, and, in the case of radio frequencies, in accordance with the provisions of Article 9 of Directive 2002/21/EC (Framework Directive). The procedures shall also be open, except in cases where the granting of individual rights of use for radio frequencies to the providers of radio or television broadcast content services can be shown to be essential to meet a particular obligation defined in advance by the Member State which is necessary to achieve a general interest objective in conformity with Community law.
Amendment 753 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 4
Article 5 – paragraph 2 – subparagraph 4
Where Member States grant rights of use for a limited period of time, the duration shall be appropriate for the service concerned in view of the objective pursued and defined in advance, taking due account of the need to allow for an appropriate period for amortization of investment.
Amendment 754 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 767 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 6
Article 5 – paragraph 6
6. National regulatory authoritiMember States shall ensure that radio frequencies are efficiently and effectively used in accordance with Article 9(2) of Directive 2002/21/EC (Framework Directive). They shall also ensure competition is not distorted as a result of any transfer or accumulation of radio frequencies usage rights. For such purposes, Member States may take appropriate measures such as reducing, withdrawing or forcing the sale of a right to use radio frequencies.
Amendment 772 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
Article 6a – paragraph 1 – subparagraph 1 – introductory wording
1. In order to achieve the objectives set out in Article 1, and without prejudice to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)1 and to Article 5(2) of this Directive, the Commission may adopt implementing measures: ___________ 1 OJ L 108, 24.4.2002, p. 1.
Amendment 779 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point a
Article 6a – paragraph 1 – subparagraph 1 – point a
(a) to identify radio frequency bands the use of which is tomay be made subject to general authorisations or individual rights of use for radio frequencies; and
Amendment 780 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point c
Article 6a – paragraph 1 – subparagraph 1 – point c
Amendment 784 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point d
Article 6a – paragraph 1 – subparagraph 1 – point d
Amendment 790 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point e
Article 6a – paragraph 1 – subparagraph 1 – point e
Amendment 793 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 1 – point f
Article 6a – paragraph 1 – subparagraph 1 – point f
Amendment 798 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – subparagraph 2
Article 6a – paragraph 1 – subparagraph 2
The measures listed in points (a) to (d) and (fb), designed to amend non essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14a(3). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 14a(4).
Amendment 803 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 3
Article 6a – paragraph 3
3. In implementing the provisions of this Article, the Commission may be assisted by the European Electronic Communications Market Authority (hereinafter referred to as 'the Authority'). The Commission shall take the utmost account of the opinion of the Authority, if any, submitted in accordance with Article 11 ofshall take the utmost account of national frequency allocation plans and the ITU Radio Regulation [ ]s.
Amendment 822 #
2007/0247(COD)
Proposal for a directive – amending act
Annex I – point 4 – point a
Annex I – point 4 – point a
Directive 2002/20/EC
Annex I – part B – point 1
Annex I – part B – point 1
1. Obligation to provide a service or to use a type of technology for which the rights of use for the frequency has been granted, including, where appropriate, exclusive use of a frequency for broadcasting specific audiovisual content or services and coverage requirements.
Amendment 116 #
2007/0197(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. Representatives of national regulatory authorities shall establish within the Agency regional cooperation committees covering geographic areas defined in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 (as amended) and Article 2h(3) of Regulation (EC) No 1775/2005 (as amended). These regional cooperation committees shall prepare and adopt regional guidelines which are in line with the Commission’s strategic guidelines pursuant to Article 2 of Regulation (EC) No 1228/2003 and Article 2 of Regulation (EC) No 1775/2005 and which are intended to guide transmission system operators in the context of the activities provided for in Article 2h(1) of Regulation (EC) No 1228/2003 and Article 2h(1) of Regulation (EC) No 1775/2005 and in the practical application of Article 11(2) of the Electricity Directive. The European Network of TSOs shall submit to the regional cooperation committee for approval the draft technical documents drawn up in accordance with the procedures laid down in the regional guidelines. When the regional cooperation committee takes decisions, representatives of the national regulatory authorities of each Member State in the region concerned shall have a decision-making vote, whereas representatives of other national regulatory authorities shall have only a consultative vote. The latter may nevertheless veto a decision adopted by the representatives of the region concerned if at least half of them oppose it.
Amendment 131 #
2007/0197(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Cross-border issues referred to in paragraph 7 concerning at least two Member States in a region shall be brought before the regional committee and decisions shall be taken in accordance with the procedures laid down in Article 6(7), third indent.
Amendment 197 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/54/EC
Article 5a
Article 5a
1. Member States shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member States shall promote the cooperation of network operators at a regional level, and foster the consistency of their legal and regulatory framework. The geographical area covered by regional cooperations shall be in line with the definition of geographical areas b1a. When the cooperation between several Member States at a regional level encounters significant difficulties, following the joint request of these Member States the Commission may designate, in agreement with all Member States concerned, a regional coordinator. 1b. The regional coordinator shall promote at a regional level the cooperation of national regulatory authorities and any othe Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions fr competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators at drawing up of their regional interconnection plan and contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory access to the network for cross-border exchanges in electricity." uthorities and other competent national public authorities with the preparation of common allocation and common safeguard mechanisms; (c) annually submit a report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such a progress.
Amendment 224 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 h (new)
Article 1 – point 3 h (new)
Directive 2003/54/EC
Article 7 a (new)
Article 7 a (new)
Amendment 269 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive 2003/54/EC
Article 8b a (new)
Article 8b a (new)
Amendment 282 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 6 g (new)
Article 1 – point 6 g (new)
Directive 2003/54/EC
Article 9 –paragraphs 1a to 1 k (new)
Article 9 –paragraphs 1a to 1 k (new)
Amendment 66 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 3 - paragraph 2 - point (b)
Article 3 - paragraph 2 - point (b)
(b) hazard classes 3.1 other than category 5, 3.2 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 effects other than narcotic effects, 3.9 and 3.10;
Amendment 90 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 19 - paragraph 3
Article 19 - paragraph 3
3. The hazard pictogram relevant for each specific classification is set out in the tables indicating the label elements required for each hazard class in parts 2, 3 and 4 of Annex I.
Amendment 94 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 23
Article 23
Where a substance or mixture is classified in accordance with part 5 of Annex I the following shall apply: (a) a hazard pictogram shall not be included on the label, (b) the signal words, hazard statements and precautionary statlabelling elements shall be placed in the supplemental information section as referred to in Article 27.
Amendment 145 #
2007/0121(COD)
Proposal for a regulation – amending act
Annex I - part 3.1. - paragraph 3.1.2.1. and table 3.1.1. - rows 1 and 2
Annex I - part 3.1. - paragraph 3.1.2.1. and table 3.1.1. - rows 1 and 2
3.1.2.1. Substances can be allocated to one of fourive toxicity categories based on acute toxicity by the oral, route and to one of four toxicity categories based on acute toxicity by the dermal or inhalation route according to the numeric criteria shown in Table 3.1.1 below. Acute toxicity values are expressed as (approximate) LD50 (oral, dermal) or LC50 (inhalation) values or as acute toxicity estimates (ATE). Explanatory notes are shown following Table 3.1.1. Table 3.1.1. Acute toxicity hazard categories and acute toxicity estimates (ATE) defining the respective categories Exposure Category 1 Category 2 Category 3 Category 4 Route Oral (mg/kg Category 5 Route Oral (mg/kg 2000 < ATE < bodyweight) 5 < ATE < 50 < ATE < 300 < ATE < 5000 ATE < 5 50 5 300 3200 2000 See Note (a) 0 See Note (a) See Note (ca) Notes to Table 3.1.1: (ca) Criteria for Category 5 are intended to enable the identification of substances which are of relatively low acute toxicity hazard but which under certain circumstances may present a danger to vulnerable populations. These substances are anticipated to have an oral LD50 in the range of 2000-5000 mg/kg bodyweight. The specific criteria for Category 5 are: (i) The substance is classified in this Category if reliable evidence is already available that indicates the LD50 to be in the range of Category 5 values or other animal studies or toxic effects in humans indicate a concern for human health of an acute nature. (ii) The substance is classified in this Category, through extrapolation, estimation or measurement of data, if assignment to a more hazardous category is not warranted, and: - reliable information is available indicating significant toxic effects in humans; or - any mortality is observed when tested up to Category 4 values by the oral, inhalation or dermal routes; or - where expert judgement confirms significant clinical signs of toxicity, when tested up to Category 4 values, except for diarrhoea, piloerection or an ungroomed appearance; or - where expert judgement confirms reliable information indicating the potential for significant acute effects from other animal studies. Recognising the need to protect animal welfare, testing in animals in Category 5 ranges is discouraged and should only be considered when there is a strong likelihood that results of such a test would be of direct relevance for the protection of human health.
Amendment 147 #
2007/0121(COD)
Proposal for a regulation – amending act
Annex I - part 3.1. - paragraph 3.1.2.2.1a (new)
Annex I - part 3.1. - paragraph 3.1.2.2.1a (new)
3.1.2.2.1a. Category 5 is for chemicals which are of relatively low acute toxicity but which, under certain circumstances, may pose a hazard to vulnerable populations. Criteria for identifying substances in Category 5 are provided in addition to the table. These substances are anticipated to have an oral LD50 value in the range 2000 - 5000 mg/kg bodyweight. In light of animal welfare considerations, testing in animals in Category 5 ranges is discouraged and should only be considered when there is a strong likelihood that results of such testing would be of direct relevance for the protection of human health.
Amendment 149 #
2007/0121(COD)
Proposal for a regulation – amending act
Annex I - part 3.1. - paragraph 3.1.3.6.2.3 - table 3.1.2. - row 2
Annex I - part 3.1. - paragraph 3.1.3.6.2.3 - table 3.1.2. - row 2
Table 3.1.2. Conversion from experimentally obtained acute toxicity range values (or acute toxicity hazard categories) to acute toxicity point estimates for classification for the respective routes of exposure Converted Acute Classification Category or experimentally Exposure routes Toxicity point estimate obtained acute toxicity range estimate (see Note 1) 0 < Category 1 ≤ 5 0.5 Oral 5 < Category 2 ≤ 50 5 (mg/kg bodyweight)Oral 50 < Category 3 ≤ 300 100 (mg/kg bodyweight) 300 < Category 4 ≤ 2000 500 2000 < Category 5 ≤ 5000 (see Note 1a) 2500 Note 1: These values are designed to be used in the calculation of the ATE for classification of a mixture based on its components and do not represent test results. Note 1a: Category 5 is for mixtures which are of relatively low acute toxicity but which under certain circumstances may pose a hazard to vulnerable populations. These mixtures are anticipated to have an oral LD50 value in the range of 2000-5000 mg/kg bodyweight. In light of animal welfare considerations, testing in animals in Category 5 ranges is discouraged and should only be considered when there is a strong likelihood that results of such testing would be of direct relevance for the protection of human health.
Amendment 151 #
2007/0121(COD)
Proposal for a regulation – amending act
Annex I - paragraph 3.1.4.1. and table 3.1.3. - rows 1 to 4 and 8
Annex I - paragraph 3.1.4.1. and table 3.1.3. - rows 1 to 4 and 8
3.1.4.1. Label elements shall be used for substances or mixtures meeting the criteria for classification in this hazard class in accordance with Table 3.1.3. Specific considerations for labelling of substances and mixtures classified in Category 5 are given in Note 2a to the table. Table 3.1.3. Acute toxicity label elements Classification Category 1 Category 2 Category 3 Category 34 Category 45 No GHS Pictograms pictogram Signal word Danger Danger Danger Warning Warning Hazard H300:3: H300: H300: H301: H302: Hazard statement: May be Fatal if Fatal if Toxic if Harmful if Oral harmful if swallowed swallowed swallowed swallowed swallowed Precautionary P301 + P310 P301 + P310P301 + P310 P301 + P310 P301 + P310 P301 + P3102 statement P321 P321 P321 P301 + P312 P321 P321 P32130 response (oral) P330 P330 P330 P330 P330 P330 P330 (oral) Note 2a: The label elements for Category 5 in Table 3.1.3 shall be used for substances and mixtures available to the general public. Regarding substances and mixtures in Category 5 which are intended for professional users only, the supplier shall provide the information on classification to downstream users and distributors by means of the safety data sheet.
Amendment 154 #
2007/0121(COD)
Proposal for a regulation – amending act
Annex I - paragraph 5.1a (new)
Annex I - paragraph 5.1a (new)
Amendment 35 #
2007/0064(COD)
Proposal for a regulation
Article 3 – subparagraph 2 a (new)
Article 3 – subparagraph 2 a (new)
In respect of minor species or uses, other persons may submit an application to the Agency.
Amendment 49 #
2007/0064(COD)
Proposal for a regulation
Article 7 – point (b)
Article 7 – point (b)
(b) other legitimate factors such as the technological aspects of food production, the feasibility of controls, conditions of use and application of the substances in veterinary medicinal products, compliance with good veterinary practice and the likelihood of misuse or illegal use;
Amendment 65 #
2007/0064(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point (d)
Article 13 – paragraph 2 – point (d)
(d) a prohibition on the administrationpresence of a substance or residues thereof in a product of animal origin.
Amendment 68 #
2007/0064(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. A maximum residue limit shall be laid down where it appears necessary for the protection of human health pursuant to an opinion of the Agency in accordance with Articles 4, 9 or 10 or pursuant to a vote by the Community in favour of the establishment of a maximum residue limit for a pharmacologically active substance intended for use in a veterinary medicinal product in the Codex Alimentarius. In the latter case, the Community cannot vote in favour unless a scientific risk assessment as provided for in Article 6 and risk management recommendations as provided for in Article 7 have been produced; an additional assessment by the Agency is therefore not required.
Amendment 72 #
2007/0064(COD)
Proposal for a regulation
Article 13 – paragraph 6 – introductory part and point (a)
Article 13 – paragraph 6 – introductory part and point (a)
6. The administrationpresence of a substance to food-or residues thereof in a producingt of animals origin shall be prohibited, pursuant to an opinion in accordance with Articles 4, 9 or 10, in either of the following circumstances: (a) where any uspresence of a pharmacologically active substance in food-producing animalsor residues thereof in foods of animal origin constitutes a hazard to human health;
Amendment 88 #
2007/0064(COD)
Proposal for a regulation
Title III
Title III
Amendment 91 #
2007/0064(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 3
Article 17 – paragraph 1 – subparagraph 3
The reference points for action shall be reviewed regularly in the light of technological progress and of new information to be taken into account when assessing public health risks.
Amendment 97 #
2007/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. The Commission shall establish the reference points for action following an assessment of the risk of the substance and residues thereof being present in products of animal origin.
Amendment 99 #
2007/0064(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission mayshall forward a request to the European Food Safety Authority for a risk assessment as to whether the reference points for action are adequate to protect human health. In those cases the European Food Safety Authority shall ensure that the opinion is given to the Commission within 210 days after receipt of the request.
Amendment 103 #
2007/0064(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
1. Where checks are carried out on food of animal origin and the results of analytical tests confirm the presence of a pharmacologically active substance which is not subject to a classification in accordance with Article 13(2)(a), (b) or (c) at a level equal to or higher than its reference point for action, the relevant batch shall be deemed not to comply with Community legislation. 2. Where the results of analytical tests carried out on foods of animal origin are below the reference points for action, the products' entry into the food chain shall be authorised. The competent authority shall retain a record of the findings in case of recurrence. Where the results of analytical tests on products from the same origin show a recurrent pattern indicating a potential problem, the competent authority shall inform the Commission and the other Member States in the Standing Committee on the Food Chain and Animal Health. The Commission shall bring the matter to the attention of the competent authority of the country or countries of origin and shall submit appropriate proposals. 3. Detailed rules shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21.
Amendment 246 #
2006/0136(COD)
Article 11 – paragraph 2 - subparagraph 1
2. The draft assessment report shall also include, where relevant, a proposal to set maximum residue levels. In such a case the rapporteur Member State shall forward the application, the evaluation report and the supporting dossier referred to in Article 9 of Regulation (EC) No 396/2005 to the Commission no later than six months after the date of the notification provided for in the first subparagraph of Article 9(3) of this Regulation.
Amendment 248 #
2006/0136(COD)
Article 12 – paragraph 6 a (new)
6a. Where the conclusion of the Authority is adopted within the time limit set out in paragraph 2 of this Article, extended by any additional time period set in paragraph 3, the provisions of Article 11 of Regulation (EC) No 396/2005 shall not apply and the provisions of Article 14 of that Regulation shall apply without delay.
Amendment 249 #
2006/0136(COD)
Article 12 – paragraph 6 b (new)
6b. Where the conclusion of the Authority is not adopted within the time limit set out in paragraph 2 of this Article, extended by any additional time period set in paragraph 3, the provisions of Articles 11 and 14 of Regulation (EC) No 396/2005 shall apply without delay.
Amendment 282 #
2006/0136(COD)
Article 52 – paragraph 3 – subparagraph 1 a (new)
Plant protection products which do not comply with the condition referred to in subparagraph (a) but which do comply with the all the other conditions referred to in this paragraph shall be deemed to be identical to the reference product if a comparative assessment by a laboratory officially recognised in accordance with the Principles of Good Laboratory Practice, which assessment is submitted to the competent authority of the importing Member State by the applicant, or a comparative assessment by the competent authority, confirms that the plant protection product in respect of which an import permit is requested is, in substance, identical to the reference product and that the following requirements are met: (a) the requirements of subparagraph 1, points (b) and (c), (b) the plant protection product in respect of which an import permit is requested does not contain a co-formulant or a co- formulant substance which has not been assessed, (c) no co-formulant substances with essential functions are lacking, (d) the product does not feature different nominal concentrations of co-formulants with essential functions or co-formulant substances which are more toxic or ecotoxic than the reference product or are less favourable from the point of view of effectiveness or stability than those of the reference product, (e) no co-formulants are absent which serve to protect users or third parties.
Amendment 324 #
2006/0136(COD)
Annex II - point 3.8.2. a (new)
3.8.2a. An active substance, safener or synergist shall not be approved if the hazard quotients (HQ) for oral or contact exposure of honeybees resulting from direct or indirect exposure via spray drift or dust are greater than 50, unless it is established that under realistic proposed conditions of use: - the exposure of honeybees to that active substance in a plant protection product is negligible, - or if it is clearly established through an appropriate risk assessment that under field conditions there are no unacceptable effects on honeybee larvae, honeybee behaviour, or colony survival and development.
Amendment 43 #
2006/0132(COD)
Article 4 – paragraph 1 – subparagraph 1
1. Member States shall adopt, and implement without undue delay, National Action Plans to set up targets, measures and timetables to reduce risks and impacts of pesticide use on human health and the environment and to encourage the development and introduction of integrated pest management and of alternative approaches or techniques in order to reduce dependency on the use of pesticides. These national actions shall as a minimum, the include: a) for other than biological pesticides and low-risk plant protection products as defined in Regulation (EC) No ... , quantitative use reduction targets measured as a treatment index. The treatment index will be adapted to the specific conditions of each Member State. The treatment index will have to be communicated immediately to the Commission for its approval. For active substances of very high concern (as defined in Article 5 of Regulation (EC) No 1907/2006 of the European Parliament and the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency), the reduction target shall be a minimum 50% reduction in relation to the treatment index calculated for the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher target based on another year of reference from the period 1995-2004; b) for pesticide formulations classified as toxic or very toxic pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, a quantitative use reduction target measured as sold volumes. This target shall be a minimum 50% reduction calculated in relation to the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher reduction target based on another year of reference from the period 1995-2004. 1 OJ L 396, 30.12.2006, p. 1; corrected version, OJ L 136, 29.5.2007, p. 3. 2 OJ L 200, 30.7.1999, p. 1.
Amendment 77 #
2006/0132(COD)
Article 10 – paragraph 2 – point c
c) use of mitigation measures which minimise the risk of off-site pollution caused by spray drift, drain-flow and run- off. These shall include when necessary the establishment of appropriately-sized buffer zones for the protection of non- target aquatic organisms and safeguard zones for surface and groundwater used for the abstraction of drinking water, where pesticides must not be used or stored;
Amendment 131 #
2005/0281(COD)
Article 6 – paragraph 4 a (new)