BETA

399 Amendments of Georg MAYER

Amendment 250 #

2023/0271(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point 12
(12) ‘partitioning of infrastructure capacity’ means assigning shares of the total available capacity of an element of infrastructure to different types of rail transport services and to capacity restrictions resulting from infrastructure work and/or allocation processes.
2023/12/07
Committee: TRAN
Amendment 275 #

2023/0271(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 – introductory part
Those procedures shall assess alternative options for the use of infrastructure capacity, based on the following socioeconomic and environmental criteria, subject to the availability of data, which applicants must make available to infrastructure managers:
2023/12/07
Committee: TRAN
Amendment 288 #

2023/0271(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Infrastructure managers shall provide interested parties, in particular applicants, potential applicants and regulatory bodies, with accurate and up-to-date information on the availability of infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in section 2, during the scheduling and allocation processes set out in section 3 and whenever there are changes to allocated capacity as referred to in section 4, according to the availability of the published capacity strategy, capacity model and capacity supply plan.
2023/12/07
Committee: TRAN
Amendment 300 #

2023/0271(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Strategic capacity planning shall include all activities set out in Articles 12 to 25 and shall not impede national or local market approaches in scheduling, such as regular schedules, as long as they do not contradict international processes.
2023/12/07
Committee: TRAN
Amendment 347 #

2023/0271(COD)

Proposal for a regulation
Article 16 – paragraph 4
(4) The infrastructure manager shall regularly prepare, and publish and regularly update the capacity strategy in accordance with the schedule and the contents set out in section 2 of Annex I.
2023/12/07
Committee: TRAN
Amendment 351 #

2023/0271(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. Infrastructure managers shall consult applicants on the capacity strategy in accordance with Article 13 and coordinate capacities strategies with otherneighbouring infrastructure managers in accordance with Article 14.
2023/12/07
Committee: TRAN
Amendment 353 #

2023/0271(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. The capacity model shall at least provide information about the total volume of capacity available by network section, the shares of capacity reserved for different segments of rail transport services and for capacity restrictions resulting from infrastructure works. Infrastructure managers shall prepare and publish the capacity model for each working timetable period and regularly update the capacity model in accordance with the contents and schedule set out in sections 1 and 2 of Annex I.
2023/12/07
Committee: TRAN
Amendment 356 #

2023/0271(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Infrastructure managers shall document and, where relevant, justify any divergence between the capacity model and the capacity strategy concerning the same working timetable period. Where needed, the capacity strategy shall be revised in the light of developments since the adoption or the latest update of the capacity strategy.
2023/12/07
Committee: TRAN
Amendment 360 #

2023/0271(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Infrastructure managers shall consult applicants on the capacity model in accordance with Article 13 and coordinate capacities strategies with otherneighbouring infrastructure managers in accordance with Article 14.
2023/12/07
Committee: TRAN
Amendment 433 #

2023/0271(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. Infrastructure managers shall conclude framework agreements only where the capacity right requested is consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers shall indicate the capacity that they plan to reserve for allocation through framework agreements in these planning documents. The infrastructure managers of neighbouring countries must make these threshold quotas as uniform as possible.
2023/12/07
Committee: TRAN
Amendment 456 #

2023/0271(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocate capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to the applicant without delay. The applicant shall have the right to lodge a complaint with the regulatory body. Where capacity is available, the infrastructure manager shall provide an alternative solution that meets the applicants’ requirements to the greatest extent possible.
2023/12/07
Committee: TRAN
Amendment 573 #

2023/0271(COD)

Proposal for a regulation
Article 62 – paragraph 1
1. Infrastructure managers shall ensure that capacity management and traffic management processes within the scope of this Regulation are implemented by means of digital tools and digital services. National capacity management tools shall only remain allowed if they do not undermine the capacity planning and allocation process described in Section 3 of this Regulation.
2023/12/07
Committee: TRAN
Amendment 220 #

2023/0053(COD)

Proposal for a directive
Recital 16
(16) The minimum ages of applicants for the different categories of driving licences should be set at Union level. Nevertheless,are set by individual Member States. Member States should beare also allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety. Member States should in exceptional circumstances be allowedare free to set lower age limits in order to take account of national circumstances. In particular, to allow the driving of fire service, rescue service and public order maintenance related vehicles or pilot projects related to new vehicle technologies.
2023/09/26
Committee: TRAN
Amendment 244 #

2023/0053(COD)

Proposal for a directive
Recital 25 a (new)
(25a) The Commission should be empowered to identify third countries that ensure a comparable level of training when issuing certificates similar to the European Certificate of Competence (CPC), allowing the holders of those certificates to exchange them with a European CPC, on condition that they undertake an additional competence training.
2023/09/26
Committee: TRAN
Amendment 330 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point viii – indent 1
– motor vehicles designed and constructed for the carriage of no more than 1622 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
2023/09/26
Committee: TRAN
Amendment 364 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 1 – point e
(e) 241 years for categories D and DE.
2023/09/26
Committee: TRAN
Amendment 378 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 3 – introductory part
3. Member States may lower the minimum age for category C to 18 years and forand category D to 218 years with regard to:
2023/09/26
Committee: TRAN
Amendment 411 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h
(h) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 of Council Directive 96/53/EC63 and special purpose vehicles provided that it is a motor caravan as defined in Annex I, Part A, point 5.1 to Regulation (EU) 2018/858 of the European Parliament and of the Council with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. __________________ 63 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).
2023/09/26
Committee: TRAN
Amendment 457 #

2023/0053(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Member States shall reduce the periods of administrative validity set out in the first subparagraph to five years or less for driving licences of holders residing on their territory having reached the age of 70, in order to apply an increased frequency of medical checks or other specific measures, including refresher courses. This reduced period of administrative validity shall only be applied upon renewal of the driving licence.deleted
2023/09/26
Committee: TRAN
Amendment 495 #

2023/0053(COD)

Proposal for a directive
Article 12 – paragraph 8 a (new)
8a. The Commission may assess whether a third country has professional driver training and/or certification rules and examination procedures that are wholly or partially comparable to those of the Union, as well as a level of road safety, which would justify allowing the holder of a Certificate of Professional Competence (CPC), or equivalent issued by the third country to be exchanged for a new CPC, issued by a Member State. On the basis of the assessment, the Commission may adopt an implementing act allowing this exchange on condition that the holder of the CPC completes additional competence training up to 35 hours to be conducted in the most practicable language, with, if necessary, appropriate language support, in line with the provisions of the EU Driver Training Directive (EU) 2022/2561, to ensure high level of competence and road safety. Member States shall have six months to provide their opinion on the Commission assessment regarding a third country. The implementing act shall not apply until the Commission has received an opinion from all Member States or until six months from the entry into force of the implementing act concerned, whichever is the earlier.
2023/09/25
Committee: TRAN
Amendment 506 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 1
1. By way of derogation from Article 7(1), points (b) and (d) respectively, Member States shall issue driving licences, in accordance with Article 10(1), for categories BC, CE and CD marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 17 years.
2023/09/25
Committee: TRAN
Amendment 517 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 1 a (new)
1a. By way of derogation from Article 7(1), points (b), Member States shall issue driving licences, in accordance with Article 10(1), for categories B marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 15 years.
2023/09/25
Committee: TRAN
Amendment 530 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 2 – point e
(e) in the case of a vehicle of category C, CE or D has the qualification and training provided by Directive (EU) 2022/2561.
2023/09/25
Committee: TRAN
Amendment 537 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 2 – point e a (new)
(ea) In case a driver of a vehicle category C, CE and D, has undergone a dedicated 7-hour training course to learn the necessary professional and pedagogical skills, as part of their periodic CPC training. Member States may decide to increase the duration of the training to 14 hours.
2023/09/25
Committee: TRAN
Amendment 544 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 4 a (new)
4a. Member States should inform the Commission about the road accidents occurred among those who went in possess of a driving licence after a training process involving accompanied driving, as defined by this Article. The report should be done at the beginning of every calendar year and the data should cover each type of driving licence available under the accompanied driving scheme. Every three years, the Commission should compare the road accidents occurred to drivers who obtained a licence thanks to the accompanied driving scheme with those occurred to drivers who obtained it differently, divided by each category concerned, and it should address a public report to the Parliament and the Member States.
2023/09/25
Committee: TRAN
Amendment 556 #

2023/0053(COD)

Proposal for a directive
Article 15 – paragraph 2
(2) Member States shall lay down rules on penalties for novice drivers who drive with a blood alcohol level exceeding 0.05g/mL and take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non‐discriminatory.
2023/09/25
Committee: TRAN
Amendment 653 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 5 – point 1 – point c – paragraph 1
The Union code (78) shall not be marked on a driving licence of category A1, A2, A, B1, B and BE issued on the basis of a test of skills and behaviour taken on a vehicle with automatic transmission shall be removed if the holder passes a dedicated test of skills and behaviour or completes a dedicated training or B, or shall be removed accordingly, if the applicant or holder passes a dedicated test of skills and behaviour or completes a dedicated training, which may take place before or after the test of skills and behaviour taken on a vehicle with automatic transmission.
2023/09/25
Committee: TRAN
Amendment 19 #

2023/0042(COD)

Proposal for a regulation
The Committee on Transport and Tourism calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the amendment to Regulation (EU) 2019/1242 as regards strengthening the CO2 emission performance standards for new heavy- duty vehicles and integrating reporting obligations, and repealing Regulation (EU) 2018/956.
2023/06/09
Committee: TRAN
Amendment 115 #

2022/2023(INI)

Motion for a resolution
Paragraph 2
2. Stresses that all modes of transport have their role to play and that the modal shift cannot simply be imposed upon people but must be supported by people and be adapted to individual and geographical needs;
2022/10/18
Committee: TRAN
Amendment 195 #

2022/2023(INI)

Motion for a resolution
Paragraph 9
9. Highlights that urban infrastructure planning should contribute to a smart and sustainable transport transition, allowing for multimodality and ensuring quality of life in cities; recommends, in this regard, incorporating active mobility and micro- mobility, as well as underdeveloped sustainable transport modes,ll forms of mobility into sustainable urban mobility plans;
2022/10/18
Committee: TRAN
Amendment 204 #

2022/2023(INI)

Motion for a resolution
Paragraph 10
10. Encourages Member States and local authorities to join forces to promote and implement sustainable urban mobility plans, respecting the principle of subsidiarity; points out that the associated data collection and reporting should be feasible and proportionate to the effort required of and costs incurred by the actors involved.
2022/10/18
Committee: TRAN
Amendment 219 #

2022/2023(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the Commission’s proposal for a reinforced approach to TEN- T urban nodes as being necessary to address missing links and poor connections that remain a major challenge; highlights, in particular, the need to reinforce seamless connectivity between rural, peri-urban and urban areas, with an interoperable infrastructure backbone of sustainable modes of transport, such as rail and inland waterways; welcomes, in this context, the development of sustainable urban mobility plans through urban nodes, as these can include measures to link sustainable modes of transport to other modes of transport; multimodal nodes can, for example, provide connections between rail and air transport, but also between rail and bus transport, car sharing and bike sharing services;
2022/10/18
Committee: TRAN
Amendment 237 #

2022/2023(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Shares the view that more needs to be done for multimodal information systems and smart ticketing; stresses the importance of a seamless user experience for passengers in the search, selection and purchase of mobility services; underlines that in order to promote multimodal ticketing, sector-specific solutions should be considered and promoted;
2022/10/18
Committee: TRAN
Amendment 301 #

2022/2023(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Stresses that the transition to sustainable forms of mobility requires attractive ‘first and last mile’ solutions to ensure comfortable door-to-door services; stresses, in this context, that, especially in areas affected by urban sprawl, scheduled services should be complemented by flexible on-demand or sharing services, such as public on-demand bus services or e-scooter, e-bike or car-sharing services;
2022/10/18
Committee: TRAN
Amendment 98 #

2022/0365(COD)

Proposal for a regulation
The Committee on Transport and Tourism calls on the Committee on Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the proposal for a regulation of the European Parliament and of the Council on type-approval of motor vehicles and engines and of systems, components and separate technical units intended for such vehicles, with respect to their emissions and battery durability (Euro 7) and repealing Regulations (EC) No 715/2007 and (EC) No 595/2009.
2023/05/30
Committee: TRAN
Amendment 24 #

2022/0099(COD)

Proposal for a regulation
The European Parliament rejects the Commission proposal.
2022/10/30
Committee: ITRE
Amendment 110 #

2022/0000(INI)

Proposal for a recommendation
Paragraph 1 – point c
(c) maintroduce qualified majority voting for certainain unanimity voting in the Council for all foreign policy areas, as already provided for in the Treaties, and strive to extend it in order to increase the effectiveness of EU foreign policyso as to safeguard the sovereignty of Member States to determine their own foreign policy based on their national interests;
2022/05/06
Committee: AFET
Amendment 115 #

2022/0000(INI)

Proposal for a recommendation
Paragraph 1 – point d
(d) make progress in establishing a defence union, which would serve as a starting point for implementing a common EU defence, in line with the provision laid down in Article 42(2) TEU;deleted
2022/05/06
Committee: AFET
Amendment 221 #

2022/0000(INI)

Proposal for a recommendation
Paragraph 1 – point k b (new)
(ka) withdraw the proposal to form a European standing corps under the so- called EU Rapid Deployment Capacity as provided for in the Strategic Compass;
2022/05/06
Committee: AFET
Amendment 2 #

2021/2188(INI)

Draft opinion
Citation 1 a (new)
— having regard to the competence of the European Parliament’s Committee on Transport and Tourism in the area of maritime programming and an integrated maritime policy;
2021/11/30
Committee: TRAN
Amendment 7 #

2021/2188(INI)

Draft opinion
Citation 1 b (new)
— having regard to the political agreement between Parliament and the Council of 11March 2021 on the Connecting Europe facility 2021-2027;
2021/11/30
Committee: TRAN
Amendment 16 #

2021/2188(INI)

Draft opinion
Recital A
A. wWhereas the EUEurope’s blue economy is a broad and fast-moving industry that has taken significant steps over the past decade to modernise and diversify itself, while providing 4.5 million direct jobs in sectors based in the marine environment and on landprovides 4.5million direct jobs. It encompasses all industries and sectors related to oceans, seas and coasts, whether they are based in the marine environment (e.g. shipping, seagoing passenger transport, fisheries, energy generation) or on land (e.g. ports, shipyards, coastal tourism, land-based aquaculture). It is a broad, fast-moving segment of our economy, which over the past decade has taken significant steps to modernise and diversify;
2021/11/30
Committee: TRAN
Amendment 31 #

2021/2188(INI)

Draft opinion
Recital B a (new)
B a. whereas the preservation and restoration of marine ecosystems is essential for humankind as they are fundamental for global food security and human health, and as a source of economic activities including transport, trade, tourism, fisheries, renewable energy and health products, which should be based on the principle of sustainability;
2021/11/30
Committee: TRAN
Amendment 35 #

2021/2188(INI)

Draft opinion
Recital B b (new)
B b. Whereas EU shipyards could seize the opportunities arising from the fast- growing markets of innovative energy- efficient service vessels that should significantly reduce fuel consumption and CO2 emissions;
2021/11/30
Committee: TRAN
Amendment 37 #

2021/2188(INI)

Draft opinion
Recital B c (new)
B c. Whereas Ports are crucial to the connectivity and the economy of regions and countries. As Europe´s industrial landscape changes (for example with the expansion of offshore renewable energy), the role of ports will evolve too;
2021/11/30
Committee: TRAN
Amendment 38 #

2021/2188(INI)

Draft opinion
Recital B d (new)
B d. Whereas in coastal regions, developing green infrastructure will help preserve biodiversity, coastal ecosystems and landscapes, strengthening the sustainable development of tourism and of the coastal regions’ economy. These adaptation activities will become a new sector of the blue economy in its own right;
2021/11/30
Committee: TRAN
Amendment 45 #

2021/2188(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Highlights that the EU’s recovery efforts must be centred on sustainability, competitiveness and growth objectives;
2021/11/30
Committee: TRAN
Amendment 59 #

2021/2188(INI)

Draft opinion
Paragraph 2 – point 1 (new)
(1) Supports the principle of sustainable development as the main driver for economic growth in the EU, and particularly in the Atlantic and Mediterranean area through maritime transport, shipbuilding, biotechnology, sustainable tourism, offshore wind, fishing and aquaculture, wave and tidal energy;
2021/11/30
Committee: TRAN
Amendment 60 #

2021/2188(INI)

Draft opinion
Paragraph 2 – point 2 (new)
(2) Calls on the Commission to ensure that the EU is maintaining technological leadership, retaining talent and producing clean energy while taking into account potential impacts on the marine environment;
2021/11/30
Committee: TRAN
Amendment 61 #

2021/2188(INI)

Draft opinion
Paragraph 2 – point 3 (new)
(3) Calls on the Commission and the industry to evaluate the benefit of establishing a European partnership for maritime transport to foster innovation within the sector, to contribute to decarbonisation, to create infrastructures for loading and supplying alternative fuels in ports and cargo terminals, and to develop waste management plans for Atlantic and Mediterranean ports;
2021/11/30
Committee: TRAN
Amendment 74 #

2021/2188(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to complete priority projects withincluded in the Ttrans-European Ttransport Nnetwork (TEN-T), in particular projects involving for the Atlantic, the and Mediterranean andSea, especially in cross- border areas, while promoting the full development of the TEN-T motorways of the sea and the connection of islands to the mainland; and in the context of the future TEN-T guidelines and the Connecting Europe Facility (2021-2027), to promote and invest in the full development of the TEN-T motorways of the sea connecting islands to the mainland and a comprehensive multimodal transport system; it is essential to create seamless transport chains for passengers and cargo across all transport modes; believes that projects should pay particular attention to the special connectivity and accessibility needs of peripheral, islands and outermost regions of the Atlantic and Mediterranean; stresses the need to give priority, where geographically feasible, to the most sustainable modes of transport such as rail, maritime and inland waterways transport;
2021/11/30
Committee: TRAN
Amendment 95 #

2021/2188(INI)

Draft opinion
Paragraph 5 – point 1 (new)
(1) Calls on the Commission to include sustainable maritime, island and coastal tourism in related actions and programmes, to support initiatives that encourage the diversification of coastal, maritime and marine tourism, help make tourist activities and employment less seasonal;
2021/11/30
Committee: TRAN
Amendment 97 #

2021/2188(INI)

Draft opinion
Paragraph 5 – point 2 (new)
(2) Underlines the importance of yachting and sailing for maritime tourism, the importance of beach and underwater tourism, water sports, the cruise industry and the role of local culture and gastronomy in the development of European coastal tourism;
2021/11/30
Committee: TRAN
Amendment 477 #

2021/0420(COD)

Proposal for a regulation
Recital 64
(64) While maintenance is and will remain the main responsibility of the Member States, it is important that the trans-European transport network – once built – is properly maintained to ensure a high quality of services. A life cycle approach should be followed when planning and procuring infrastructure projects. Maintenance works should be conducted in compliance with Commission Delegated Decision (EU) 2017/2075.
2022/11/16
Committee: TRAN
Amendment 1433 #

2021/0420(COD)

Proposal for a regulation
Article 48 – paragraph 1 – point a
(a) the infrastructure of the trans- European transport network is maintained in a way that it provides the same level of service and safety during its lifetime; and that maintenance works are conducted in compliance with Commission Delegated Decision (EU) 2017/2075.
2022/11/21
Committee: TRAN
Amendment 1471 #

2021/0420(COD)

Proposal for a regulation
Article 51 – paragraph 5 – point e – indent 1 (new)
- conduct a feasibility study starting at the latest with entry into force of this regulation that in parallel to the roll out of ERTMS/ETCS transparently outlines the implementation paths to the deadlines set for 2030, 2040 and 2050. This study shall not only look into feasibility in terms of technology, but also in terms of resources and financial support/subsidies in order to prevent a negative business case for affected partners, especially Railway Undertakings.
2022/11/21
Committee: TRAN
Amendment 1767 #
2023/01/25
Committee: TRAN
Amendment 194 #

2021/0223(COD)

Proposal for a regulation
Recital 5
(5) Therefore all modes of transport should be addressed in one instrument which should take into account a variety of alternative fuels. The use of zero-emission powertrain technologies is at different stages of maturity in the different modes of transport. In particular, in the road sector, due to a one-sided funding policy and a rejection of technological neutrality a rapid uptake of battery-electric and plug-in hybrid vehicles is taking place. Hydrogen fuel-cell road vehicles are available to markets, as well. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by renewable fuels such as bio-methane, advanced biofuels or renewable and low- carbon synthetic gaseous and liquid fuels.
2022/02/07
Committee: ITRE
Amendment 206 #

2021/0223(COD)

Proposal for a regulation
Recital 8 a (new)
(8 a) For vehicles running on biofuels and synthetic fuels, the establishment of a refuelling infrastructure is not necessary, as the existing network of gas stations can be used without significant adaptations. In order to keep costs low for public authorities, the private sector and the end user, preference should be given to this technology whenever possible;
2022/02/07
Committee: ITRE
Amendment 207 #

2021/0223(COD)

Proposal for a regulation
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union. Continued uneven distribution would jeopardize the uThe politically enforced acceptaknce of such vehicles, limiting jeopardises connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level, to the exclusion of economic efficiency and general market considerations, will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Unionare a disproportionate violation of the subsidiarity principle.
2022/02/07
Committee: ITRE
Amendment 216 #

2021/0223(COD)

Proposal for a regulation
Recital 17
(17) Publicly accessible recharging or refuelling points include, for example, privately owned recharging or refuelling points accessible to the public that are located on public or private properties, such as public parkings or parkings of supermarkets. A recharging or refuelling point located on a private property that is accessible to the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clients. Recharging or refuelling points for car-sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, or hotel garages only open to hotel guests, should not be considered as publicly accessible recharging or refuelling points.
2022/03/21
Committee: TRAN
Amendment 219 #

2021/0223(COD)

Proposal for a regulation
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric, especially with regard to the durability of the installed rechargeable batteries, and plug-in hybrid vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States.
2022/02/07
Committee: ITRE
Amendment 219 #

2021/0223(COD)

Proposal for a regulation
Recital 19
(19) The possibility to develop advanced digital services, including contract-based payment solutions, and to ensure transparent user information by digital means depends on the deployment of digitally connected, cybersecure and smart recharging points that support the creation of a digitally connected resilient and interoperable infrastructure51 . Those smart recharging points should comprise a set of physical attributes and technical specifications (hardware and software) that are necessary to safely send and receive data in real time, enabling the flow of information between market actors that are dependent on these data for fully developing the recharging experience, including charging point operators, mobility service providers, e- roaming platforms, distribution systems operators and, ultimately, end consumers. _________________ 51 In line with the principles laid down in the European Interoperability Framework – Implementation Strategy, COM/2017/0134 final.
2022/03/21
Committee: TRAN
Amendment 226 #

2021/0223(COD)

Proposal for a regulation
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union. A combined approach of distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to support the expected market uptake of batteryinfluences the establishment of heavy electric vehicles in a plan-based manner by building a publicly accessible infrastructure coverage for electric heavy-duty vehicles.;
2022/02/07
Committee: ITRE
Amendment 227 #

2021/0223(COD)

Proposal for a regulation
Recital 14
(14) A sufficient number of publicly accessible fast recharging points dedicated to heavy-duty vehicles should also be deployed along the TEN-T network to ensure full connectivity throughout the Union. That infrastructure should have sufficient power output to allow the recharge of the vehicle within the driver’s legal break time. In addition to fast recharging points along the network, heavy-duty vehicles should also be able to use publicly accessible recharging infrastructure for overnight recharging along the main transport network to specifically support the electrification of the long haul sector.deleted
2022/02/07
Committee: ITRE
Amendment 231 #

2021/0223(COD)

Proposal for a regulation
Recital 20
(20) Smart metering systems as defined in Directive (EU) 2019/944 of the European Parliament and of the Council52 enable real-time data to be produced, which is needed to ensure the stability of the grid and to encourage rational use of recharging services. By providing energy metering in real time and accurate and transparent information on the cost, they encourage, in combination with smart recharging points, recharging at times of low general electricity demand and low energy prices. The use of smart metering systems in combination with smart recharging points can optimise recharging, with benefits for the electricity system and for the end user. Member States should encourage the use of smart metering system for the recharging of electric vehicles at publicly accessible recharging stations, where technically feasible and economically reasonable, and ensure that these systems comply with the requirements laid down in Article 20 of Directive (EU) 2019/444. Personal and vehicle-related data of the end user are not collected and stored at any time. _________________ 52Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
2022/02/07
Committee: ITRE
Amendment 234 #

2021/0223(COD)

Proposal for a regulation
Recital 21
(21) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not causeavoids congestion and takes full advantage of the availability of renewable electricityaverts the threats to the availability and security of supply of electricity from renewable sources and low electricity prices in the systemgrid. Smart recharging in particular can facilitate the integration of electric vehicles into the electricity system further as it enables demand response through aggregation and through price based demand response. System integration can further be facilitated through bi- directional recharging (vehicle-to-grid). All normal recharging points at which vehicles are typically parked for a longer period should therefore support smart recharging.
2022/02/07
Committee: ITRE
Amendment 244 #

2021/0223(COD)

Proposal for a regulation
Recital 28
(28) At the early stage of market deployment there is still a degree of uncertainty with regard to the kind of vehicles that will come into the market and, to the kind of technologies that are going to be widely used and to whether the end user accepts another propulsion system. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’56 the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar. _________________ 56 COM(2020) 301 final
2022/02/07
Committee: ITRE
Amendment 268 #

2021/0223(COD)

Proposal for a regulation
Recital 37
(37) In accordance with Article 3 of Directive 2014/94/EU, Member States have established national policy frameworks outlining their plans and objectives to ensure that those objectives would be met. Both the assessment of the national policy framework and the evaluation of Directive 2014/94/EU have highlighted the need for higher ambition and a better coordinated approach across Member States in view of the expected acceleration in the uptake of alternative fuel vehicles, in particular of electric vehicles. Furthermore, alternatives to fossil fuel will be needed in all transport modes to meet the ambitions of the European Green Deal. The existing National Policy Frameworks should be revised to clearly describe how the much greater need for publicly accessible recharging and refuelling infrastructure as expressed in the mandatory targets is going to be met by the Member States. The revised frameworks should equally address all transport modes including those for which no mandatory deployment targets exists.
2022/02/07
Committee: ITRE
Amendment 369 #

2021/0223(COD)

Proposal for a regulation
Recital 43
(43) In light of the increasing diversity in the type of fuels for motorised vehicles coupled with on-going growth in the road mobility of citizens across the Union, it is necessary to provide vehicle users with clear and easy-to-understand information on the fuels available at refuelling stations and on the compatibility of their vehicle with different fuels or recharging points on the Union market. Member States should be able to decide to implement such information measures also in respect of vehicles placed on the market before 18 November 2016.
2022/03/21
Committee: TRAN
Amendment 373 #

2021/0223(COD)

Proposal for a regulation
Recital 44
(44) Simple and easy-to-compare information on the prices of different fuels could play an important role in enabling vehicle users to better evaluate the relative cost of individual fuels available on the market. Therefore, a unit price comparison of certain alternative fuels and conventional fuels, expressed as ‘fuel price per 100km’, should be displayed for information purposes at all relevant fuel stations.
2022/03/21
Committee: TRAN
Amendment 384 #

2021/0223(COD)

Proposal for a regulation
Recital 53
(53) Alternative fuels infrastructure is a fast developing area. The lack of common technical specification constitutes a barrier for the creation of a single market of alternative fuels infrastructure. Therefore, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to norm technical specifications for areas where common technical specifications are outstanding but necessary. In particular, this should include the communication between the electric vehicle and the recharging point, the communication between the recharging point and the recharging software management system (back-end); the communication related to the electric vehicle roaming service and the communication with the electricity grid, while ensuring the highest level of cybersecurity protection and protection of final customers´ personal data. It is also necessary to define the suitable governance framework and roles of the different actors involved in the vehicle-to- grid communication ecosystem. Moreover, emerging technological developments, such as electric road systems (‘ERS’) have to be accounted for. As concerns data provision, it is necessary to provide for additional data types and technical specifications related to the format, the frequency and the quality in which these data should be made available and accessible.
2022/03/21
Committee: TRAN
Amendment 407 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 2
– hydrogen and hydrogen derived fuels,
2022/03/21
Committee: TRAN
Amendment 409 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – indent 3
– ammonia,deleted
2022/03/21
Committee: TRAN
Amendment 421 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels and biofuels as defined in Article 2, points (27) and (33) of Directive (EU) 2018/2001,bio- hydrogen, bio-ammonia, bio-methanol, bio-methane, bio-LNG;
2022/03/21
Committee: TRAN
Amendment 452 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 38
(38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public without prior registration or membership, irrespective of whether the alternative fuels infrastructure is located on public or on private property, whether limitations or conditions apply in terms of access to the site or premise and irrespective of the applicable use conditions of the alternative fuels infrastructure;
2022/03/21
Committee: TRAN
Amendment 465 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 44
(44) ‘recharging pool’ means one or more recharging stations operated by the same charging point operator at a specific location;
2022/03/21
Committee: TRAN
Amendment 495 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 1
– publicly accessible recharging stations for light-duty vehicles are deployed commensurate to the uptake of light-duty electric vehicles including passenger cars and light commercial vehicles;
2022/03/21
Committee: TRAN
Amendment 498 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 1 a (new)
- at least one recharging station at recharging pool in urban areas and along TEN-T core and TEN-T comprehensive network is dedicated to light commercial vehicles with a trailer, taking into account their special demands relating to the amount of cargo space used by such vehicles;
2022/03/21
Committee: TRAN
Amendment 653 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a – introductory part
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following:
2022/03/21
Committee: TRAN
Amendment 661 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a – point iii
(iii) devices using an internet connection with which for instance a Quick Response code can be specifically generated and used for the payment transaction;deleted
2022/03/21
Committee: TRAN
Amendment 670 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) operators of recharging points shall, at publicly accessible recharging stations with a power output equal to or more than 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following: (i) payment card readers; (ii) devices with a contactless functionality that is at least able to read payment cards.deleted
2022/03/21
Committee: TRAN
Amendment 691 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Operators of recharging points shall, when they offer automatic authentication at a publicly accessible recharging point operated by them, ensure that end users always have the right not to make use of the automatic authentication and may either recharge their vehicle on an ad hoc basis, as provided for in paragraph 3, or use another non mandatory contract- based or subscription recharging solution offered at that recharging point. Operators of recharging points shall transparently display that option and offer it in a convenient manner to the end user, at each publicly accessible recharging point that they operate and where they make available automatic authentication. Technical solutions to implement the above requirement shall not complicate the use of automatic authentication for users who do wish to make use of it.
2022/03/21
Committee: TRAN
Amendment 699 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 5 – introductory part
5. Operators of recharging points shall make easily and clearly display the ad hoc price and all its components at all publicly accessible recharging stations operated by them so that these are known to end users before they initiate a recharging session. At least the following price components, if applicable at the recharging station,, on a digital or remote display such as a mobile phone or in the vehicle itself, so that these are known to end users before they initiate a recharging session. The price per kWh shall be clearly displayed:.
2022/03/21
Committee: TRAN
Amendment 703 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 5 – indent 1
– price per session,deleted
2022/03/21
Committee: TRAN
Amendment 709 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 5 – indent 2
– price per minudelete,d
2022/03/21
Committee: TRAN
Amendment 715 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 5 – indent 3
– price per kWh.deleted
2022/03/21
Committee: TRAN
Amendment 719 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 7
7. From the date referred to in Article 24, operators of recharging points shall ensure that all new publicly accessible recharging points operated by themthey establish are digitally-connected recharging points and include e-roaming functionality. For existing standard charging points, a transitional period for conversion is established until 2027.
2022/03/21
Committee: TRAN
Amendment 724 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 8
8. From the date referred to in Article 24, operators of recharging points shall ensure that all new publicly accessible normal power recharging points operated by them recharging points they establish are digitally-connected recharging points. For existing standared capable of smart rechargingharging points, a transitional period for conversion is established until 2027.
2022/03/21
Committee: TRAN
Amendment 756 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
They shall ensure that by 31 December 2030, at least one publicly accessiblthe hydrogen refuelling stationinfrastructure is deployed in each urban node with capacity proportionate to the fleet of vehicles using alternative fuels. An analysis on the best location shall be carried out for such refuelling stations that shall in particular consider the deployment of such stations in multimodal hubs where also other transport modes could be supplied.
2022/03/21
Committee: TRAN
Amendment 794 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1
Member States shall ensure untilby 1 January 202530 that an appropriate number of publicly accessible refuelling points for LNG, proportionate to the size of the LNG fleet, are put in place, at least along the TEN-T core network, in order to allow LNG heavy-duty motor vehicles to circulate throughout the Union, where there is demand, unless the costs are disproportionate to the benefits, including environmental benefits.
2022/03/21
Committee: TRAN
Amendment 818 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure - and provide the necessary support - that a minimum shore-side electricity supply for seagoing container and passenger ships is provided in maritime ports. To that end, Member States shall take the necessary measures to ensure that by 1 January 2030:
2022/03/21
Committee: TRAN
Amendment 822 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) TEN-T core and TEN-T comprehensive maritime ports whose average annual number of port calls over the last three years by seagoing container ships above 5000 gross tonnes, in the previous three years, is above 50 have sufficient shore-side power output to meet at least 90% of that demand, while considering actual as well as future market needs and ensuring return on investment when private operators are asked to provide OPS;
2022/03/21
Committee: TRAN
Amendment 833 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) TEN-T core and TEN-T comprehensive maritime ports whose average annual number of port calls over the last three years by seagoing ro-ro passenger ships and high-speed passenger craft above 5000 gross tonnes, in the previous three years, is above 40 have sufficient shore-side power output to satisfy at least 90% of that demand, while considering actual and future market needs and ensuring return on investment when private operators are asked to provide OPS;
2022/03/21
Committee: TRAN
Amendment 840 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) TEN-T core and TEN-T comprehensive maritime ports whose average annual number of port calls over the last three years by passenger ships other than ro-ro passenger ships and high- speed passenger craft above 5000 gross tonnes, in the previous three years, is above 25 have sufficient shore-side power output to meet at least 90% of that demand., while considering actual and future market needs and ensuring return on investment when private operators are asked to provide OPS;
2022/03/21
Committee: TRAN
Amendment 905 #

2021/0223(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Member States shall ensure that an appropriate number of refuelling points for LNG, proportionate to the size and consumption of the LNG-fuelled vessels, are put in place at TEN-T core maritime ports referred to in paragraph 2, to enable seagoing ships to circulate throughout the TEN-T core network by 31 JanuaryDecember 2025. Member States shall cooperate with neighbouring Member States where necessary to ensure adequate coverage of the TEN-T core network.
2022/03/21
Committee: TRAN
Amendment 911 #

2021/0223(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall designate in their national policy frameworks TEN-T core maritime ports that shall provide access to the refuelling points for LNG referred to in paragraph 1, also taking into consideration actual and expected future market needs and developments, while ensuring return on investment when private operators are asked to provide LNG refuelling points.
2022/03/21
Committee: TRAN
Amendment 950 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. By 1 January 2024, each Member State shall prepare and send to the Commission a draft national policy framework including a detailed funding plan for the development of the market as regards alternative fuels in the transport sector and the deployment of the relevant infrastructure.
2022/03/21
Committee: TRAN
Amendment 967 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point g
(g) measures to promote alternative fuels infrastructure in urban nodes, in particular with respect to publicly accessible recharging points;
2022/03/21
Committee: TRAN
Amendment 978 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k
(k) measures to remove possible obstacles with regards to planning, permitting and procuring of alternative fuels infrastructure as well as ensure the following:;
2022/03/21
Committee: TRAN
Amendment 979 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k – point i (new)
i) the density of publicly accessible alternative fuels infrastructure nationally available takes into account the population density and the number of registrations of vehicles, powered by alternative fuels as referred to in Article 2 (3), in the local area based on NUTS 3 level in accordance with the latest NUTS classification;
2022/03/21
Committee: TRAN
Amendment 980 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k – point ii (new)
ii) the minimum fleet-based vehicle to charger ratio of 10:1.
2022/03/21
Committee: TRAN
Amendment 989 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point m
(m) a deployment plan for alternative fuels infrastructure in maritime ports, in particular for electricity and hydrogen, for port services as defined in Regulation (EU) 2017/352 of the European Parliament and of the Council66 , while considering actual as well as future market needs and ensuring return on investment when private operators are asked to provide refuelling and recharging infrastructure; _________________ 66 Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).
2022/03/21
Committee: TRAN
Amendment 993 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point n
(n) a deployment plan for alternative fuels infrastructure in maritime ports other than for LNG and shore-side electricity supply for use by sea going vessels, in particular for hydrogen, ammonia and electricity;, while considering actual as well as future market needs and ensuring return on investment when private operators are asked to provide refuelling and recharging infrastructure.
2022/03/21
Committee: TRAN
Amendment 1001 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point o
(o) a deployment plan for alternative fuels in inland waterway transport, in particular for both hydrogen and electricity;
2022/03/21
Committee: TRAN
Amendment 1006 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p
(p) a deployment plan including targets, key milestones and financing needed, for hydrogen or battery electric trainalternative fuels on network segments that will not be electrified.
2022/03/21
Committee: TRAN
Amendment 1026 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of the stakeholders concerned, in particular transport and energy infrastructure providers.
2022/03/21
Committee: TRAN
Amendment 1088 #

2021/0223(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. Relevant, consistent and clear information shall be made available as regards motor vehicles which can be regularly fuelled with individual fuels placed on the market, or recharged by recharging points. That information shall be made available in motor vehicle manuals, at refuelling and recharging points, on motor vehicles and in motor vehicle dealerships in their territory. This requirement shall apply to all motor vehicles, and their motor vehicle manuals, placed on the market after 18 November20 March 20216.
2022/03/21
Committee: TRAN
Amendment 1090 #

2021/0223(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point a
(a) on corresponding pumps and their nozzles at all new and refurbished refuelling points, as from the date on which fuels are placed on the market; or
2022/03/21
Committee: TRAN
Amendment 1091 #

2021/0223(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b
(b) in the immediate proximity of all fuel tanks' filling caps of motor vehicles recommended for and compatible with that fuel and in motor vehicle manuals, when such motor vehicles are placed on the market after 18 November20 March 20216.
2022/03/21
Committee: TRAN
Amendment 1092 #

2021/0223(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. When fuel prices are displayed at a fuel station, a comparison between the relevant unit prices shall be displayed where appropriate, and in particular for electricity and hydrogen, for information purposes following the common methodology for alternative fuels unit price comparison referred to in point 9.3 of Annex II.deleted
2022/03/21
Committee: TRAN
Amendment 1105 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv a (new)
(iv a) Accessibility for heavy-duty vehicles, including height, length and width restrictions of the recharging and refuelling points,
2022/03/21
Committee: TRAN
Amendment 1115 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii
(iii) ad hoc price and any possible additional charges.
2022/03/21
Committee: TRAN
Amendment 1118 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii a (new)
(iii a) accepted payment methods
2022/03/21
Committee: TRAN
Amendment 1127 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. Member States shall ensure the accessibility of data on an open and non- discriminatory basis to all stakeholders through their National Access Point in application of Directive 2010/40/EU of the European Parliament and the Council67 . Where data has been made available at no cost by charging point operators, it shall be made available to end users at no cost by member states. _________________ 67 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).
2022/03/21
Committee: TRAN
Amendment 1133 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1 (new)
Where these additional specifications create a significant burden on recharging point operators in terms of business impact or efforts related to data collection and provision, the data shall be made available at a reasonable and non- discriminatory cost.
2022/03/21
Committee: TRAN
Amendment 107 #

2021/0214(COD)

Proposal for a regulation
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions.
2022/02/08
Committee: ITRE
Amendment 213 #

2021/0214(COD)

Proposal for a regulation
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM may be extended to cover also indirect emissions in the future. However, including indirect emissions and pricing them in the CBAM could be considered only once the mismatch between indirect carbon costs and indirect carbon emissions has been reduced to a minimum. If after the initial transitional period, the data collected by the Commission shows that the CBAM cannot effectively protect against carbon leakage and incentivise the reduction of global emissions, further phase-in of CBAM and phase-out of free allocation of emission allowances should be paused until an effective solution can be found.
2022/02/08
Committee: ITRE
Amendment 218 #

2021/0214(COD)

Proposal for a regulation
Recital 35 a (new)
(35 a) In case European industries producing goods subject to the CBAM face serious difficulties as a result of its implementation, an in-depth assessment developed in close cooperation with the industrial sectors should be made as promptly as possible to examine whether a CBAM is effective and practicable.
2022/02/08
Committee: ITRE
Amendment 219 #

2021/0214(COD)

Proposal for a regulation
Recital 36 a (new)
(36 a) Before widening the scope of the CBAM to new sectors, including downstream products using goods covered by the CBAM, a prior assessment should be made by the European Commission in consultation with the industrial sectors in order to check its practicability and effectiveness.
2022/02/08
Committee: ITRE
Amendment 240 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 8(4)
(i) the following two subparagraphs are inserted after the second subparagraph: ‘In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay-back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly. No free allocation shall be given to installations in sectors or subsectors to the extent they are covered by other measures to address the risk of carbon leakage as established by Regulation (EU) …./.. [reference to CBAM](**). The measures referred to in the first subparagraph shall be adjusted accordingly _________ (*) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).”; (**) [CBAM full reference]’deleted
2022/02/08
Committee: ITRE
Amendment 267 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – new
1a. No free allocation shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of application of the Carbon Border Adjustment Mechanism. By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during the entry into force of [CBAM regulation] and the end of 2025, 90 % in 2026 and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year. The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be applied. Allowances resulting from the reduction of free allocation shall be made available to support innovation in accordance with Article 10a(8).;deleted
2022/02/08
Committee: ITRE
Amendment 346 #

2021/0211(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 a (new)
(12a) In order to avoid an adjustment of free allocation as of Article 10a (5), in addition to the flexibility provided in paragraph 5a, allowances in the market stability reserve shall be used corresponding to an amount of up to 5% of the total quantity of allowances.
2022/02/08
Committee: ITRE
Amendment 89 #

2021/0203(COD)

Proposal for a directive
Recital 22
(22) The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts needed and corresponds to a reduction of 36% for final and 39% for primary energy consumption respectively when compared to the 2007 Reference Scenario projections for 2030.deleted
2022/02/15
Committee: TRAN
Amendment 90 #

2021/0203(COD)

Proposal for a directive
Recital 24
(24) The need for the Union to improve its energy efficiency should be expressed in primary and final energy consumption, to be achieved in 2030, indicating additional level of efforts required when compared to the measures in place or planned measures in the national energy and climate plans. The 2020 Reference Scenario projects 864 Mtoe of final energy consumption and 1124 Mtoe of primary energy consumption to be reached in 2030 (excluding ambient heat and including international aviation). An additional reduction of 9% results in 787 Mtoe and 1023 Mtoe in 2030 respectively. Compared to 2005 levels, it means that final energy consumption in the Union should be reduced by some 23% and primary and energy consumption should be reduced by some 32%. There are no binding targets at Member State level in the 2020 and 2030 perspectives, and Member States should establish their contributions to the achievement of the Union’s energy efficiency target taking into account the formula provided in this Directive. Member States should be free to set their national objectives based either on primary or final energy consumption or primary or final energy savings, or on energy intensity. This Directive amends the way how Member States should express their national contributions to the Union´s target. Member States’ contributions to the Union’s target should be expressed in final and primary energy consumption to ensure consistency and monitoring of progress. A regular evaluation of progress towards the achievement of the Union's 2030 targets is necessary and is provided for in Regulation (EU) 2018/1999.deleted
2022/02/15
Committee: TRAN
Amendment 109 #

2021/0203(COD)

Proposal for a directive
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271. Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72. The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long- term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13). 72IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050).
2022/02/15
Committee: TRAN
Amendment 114 #

2021/0203(COD)

Proposal for a directive
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation.
2022/02/15
Committee: TRAN
Amendment 120 #

2021/0203(COD)

Proposal for a directive
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies, except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
2022/02/15
Committee: TRAN
Amendment 130 #

2021/0203(COD)

Proposal for a directive
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.
2022/02/15
Committee: TRAN
Amendment 135 #

2021/0203(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
3. ‘energy system’ means a system primarily designed to supply energy- services to satisfy the demand of end-use sectors for energy in the forms of heat, cooling, fuels, and electricity.
2022/02/15
Committee: TRAN
Amendment 138 #

2021/0203(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5
5. ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation) , households, public and private services, agriculture , forestry and fishing and other end-users (final consumers of energy). It excludes energy consumption in international maritime bunkers, ambient heat and deliveries to the transformation sector, the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply);
2022/02/15
Committee: TRAN
Amendment 150 #

2021/0203(COD)

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point e – point iv a (new)
iv (a) Availability of energy infrastructure
2022/02/15
Committee: TRAN
Amendment 154 #

2021/0203(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Member States may take into account climatic variations within the Member State when calculating their public bodies’ final energy consumption. Member States shall ensure that these provisions do not negatively affect providers of services of general interest in the pursuit of their activities.
2022/02/15
Committee: TRAN
Amendment 163 #

2021/0203(COD)

Proposal for a directive
Article 5 a (new)
Article 5 a Transport policy measures and public investments in major transport infrastructure projects must be based on a provisional life cycle carbon analysis incorporating the impacts of the project on traffic flows and modal shifts as well as more energy-efficient alternatives.
2022/02/15
Committee: TRAN
Amendment 165 #

2021/0203(COD)

Proposal for a directive
Article 6 – paragraph 1 – introductory part
(1) Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council92, each Member State shall ensure that at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9 of Directive 2010/31/EU. Railway installations (standard gauge railways, underground railways and tramways), workshops, operational buildings, warehouses and buildings conserved as monuments shall be exempt from the obligation. _________________ 92Directive 2010/31/EC of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
2022/02/15
Committee: TRAN
Amendment 166 #

2021/0203(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
(1) Member States shall furthermore ensure that contracting authorities and contracting entities, when concluding public contracts and concessions with a value equal to or greater than the thresholds laid down in Article 8 of Directive 2014/23/EU, Article 4 of Directive 2014/24/EU and referred to in the first subparagraph, apply the energy efficiency first principle referred to in Article 153 of this Directive 2014/25/EU, purchase only products, services, buildings and works with high energy- efficiency performance in accordance with the, including for those public contracts and concessions for which no specific requirements areferred to provided in Annex IV to this Directive.
2022/02/15
Committee: TRAN
Amendment 167 #

2021/0203(COD)

Proposal for a directive
Recital 14
(14) In order to have an impact, the energy efficiency first principle needs to be consistently applied by decision makers in all relevant policy, planning and major investment decisions – that is to say large- scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects – affecting energy consumption or supply, with due regard for the principle of technology neutrality. The proper application of the principle requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring. Demand side flexibility can bring significant benefits to consumers and to society at large, and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs, which must resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response, energy storage and smart solutions as part of their efforts to increase efficiency of the integrated energy system.
2022/03/21
Committee: ITRE
Amendment 170 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
c) new savings each year from 1 January 2024 to 31 December 2030 of 1,5 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.
2022/02/15
Committee: TRAN
Amendment 191 #

2021/0203(COD)

Proposal for a directive
Article 25 – paragraph 1
(1) National energy regulatory authorities shall apply the energy efficiency first principle in accordance with Article 3 of this Directive in carrying out the regulatory tasks specified in Directives (EU) 2019/944 and 2009/73/EC regarding their decisions on the operation of the gas and electricity infrastructure, including their decisions on network tariffs, taking into account cross-sectoral system efficiency.
2022/02/15
Committee: TRAN
Amendment 194 #

2021/0203(COD)

Proposal for a directive
Article 25 – paragraph 2
(2) Member States shall ensure that gas and electricity transmission and distribution network operators apply the energy efficiency first principle in accordance with Article 3 of this Directive in their network planning, network development and investment decisions. While taking security of supply and market integration into account, Member States shall ensure that transmission system operators and distribution system operators do not invest in strandedfuture-proof assets to contribute to climate change mitigation. National regulatory authorities should provide methodologies and guidance on how to assess alternatives in the cost- benefit analysis, taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.
2022/02/15
Committee: TRAN
Amendment 195 #

2021/0203(COD)

Proposal for a directive
Article 25 – paragraph 3
(3) Member States shall ensure that transmission and distribution network operators map network losses and take cost-effective measures to reduce network losses. Transmission and distribution network operators shall report those measures and expected energy savings through the reduction of network losses to the national energy regulatory authority. National energyrecord network losses. The national regulatory authorities shall limit the possibility forencourage transmission and distribution network operators to recover avoidabloptimise network losses from tariffs paid by consumerand monitor developments in respect of network losses. Member States shall ensure that transmission and distribution operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation. Member States shall encourage transmission and distribution network operators to develop innovative solutions to improve the energy efficiency of existing systems through incentive based regulations.
2022/02/15
Committee: TRAN
Amendment 196 #

2021/0203(COD)

Proposal for a directive
Article 25 – paragraph 7
(7) National regulatory authorities shall ensure the removal of those incentives in transmission and distribution tariffs that are detrimental to the energyoverall efficiency of the generation, transmission, distribution and supply of electricity and gas.
2022/02/15
Committee: TRAN
Amendment 196 #

2021/0203(COD)

Proposal for a directive
Recital 28
(28) To fulfil their obligation, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council60. The obligation can be fulfilled by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning and IT or ICT services and infrastructure. To lower the administrative burden for public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from public bodies, make them publicly available, and report the data to the Commission. _________________ 60 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94 28.3.2014, p. 65).
2022/03/21
Committee: ITRE
Amendment 200 #

2021/0203(COD)

Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
— direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy). This requirement for a high level of efficiency applies from the entry into force of the directive in the case of new installations, and from 2030 for incumbent installations.
2022/02/15
Committee: TRAN
Amendment 200 #

2021/0203(COD)

Proposal for a directive
Recital 30
(30) Public authorities are encouraged to obtain support from entities such as sustainable energy agencies, where applicable established at regional or local level. The organisation of those agencies usually reflect the individual needs of public authorities in a certain region or operating in a certain area of the public sector. Centralised agencies can serve the needs better and work more effectively in other respects, for example, in smaller or centralised Member States or regarding complex or cross-regional aspects such as district heating and cooling. Sustainable energy agencies can serve as one-stop- shops pursuant to Article 21. Those agencies are often responsible for developing local or regional decarbonisation plans, which may also include other decarbonisation measures, such as the exchange of fossil fuels boilers, and to support public authorities in the implementation of energy related policies. Sustainable energy agencies or other entities to assist regional and local authorities may have clear competences, objectives and resources in the field of sustainable energy. Sustainable energy agencies could be encouraged to consider initiatives taken in the framework of the Covenant of Mayors, which brings together local governments voluntarily committed to implementing the Union´s climate and energy objectives, and other existing initiatives for this purpose. The decarbonisation plans should be linked to territorial development plans and take into account the comprehensive assessment which the Member States should carry out.
2022/03/21
Committee: ITRE
Amendment 208 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted, except those policy measures regarding the use of direct combustion of fossil fuel technologies, that are implemented as from 1 January 2024;
2022/02/15
Committee: TRAN
Amendment 214 #

2021/0203(COD)

Proposal for a directive
Recital 36
(36) All public entities investing public resources through procurement should lead by example when awarding contracts and concessions by choosing products, services works and buildings with the highest energy efficiency performance, taking cost-effectiveness into account, also in relation to those procurements that are not subject to specific requirements under Directive 2009/30/EC. In that context, all award procedures for public contracts and concessions with the value above the thresholds set out in Articles 6 and 7 of Directive 2014/23/EU of the European Parliament and of the Council67, Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council68, and Articles 3 and 4 of Directive 2014/25/EU of the European Parliament and of the Council, need to take into account the energy efficiency performance of the products, buildings and services set by Union or national law, by considering as priority the energy efficiency first principle in their procurement procedures. _________________ 67 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 68 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
2022/03/21
Committee: ITRE
Amendment 236 #

2021/0203(COD)

Proposal for a directive
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271. Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72. The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only, taking cost- effectiveness into account. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco-driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long- term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
2022/03/21
Committee: ITRE
Amendment 248 #

2021/0203(COD)

Proposal for a directive
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation.
2022/03/21
Committee: ITRE
Amendment 262 #

2021/0203(COD)

Proposal for a directive
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies, except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
2022/03/21
Committee: ITRE
Amendment 271 #

2021/0203(COD)

Proposal for a directive
Recital 60
(60) In accordance with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all consumers affected by energy poverty. Improvements in energy efficiency should, be implemented as a priority among vulnerable customers and final users, people affected by energy poverty, and, where appropriate, among medium-income households and people living in social housing, elderly people and those living in rural and remote areas . In this context, specific attention should be paid to particular groups which are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as commuters, women, persons with disabilities, elderly people, children, and persons with a minority racial or ethnic background. Member States can require obligated parties to include social aims in energy- saving measures in relation to energy poverty and this possibility had already been extended to alternative policy measures and Energy Efficiency National Funds. That should be transformed into an obligation to protect and empower vulnerable customers and final users and to alleviate energy poverty , while allowing Member States to retain full flexibility with regard to the type of policy measure, their size, scope and content. If an energy efficiency obligation scheme does not permit measures relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means of alternative policy measures alone. Within its policy mix, Member States should ensure that other policy measures do not have an adverse effect on vulnerable customers, final users, people affected by energy poverty and, where applicable, people living in social housing. Member States should make best possible use of public funding investments into energy efficiency improvement measures, including funding and financial facilities established at Union level.
2022/03/21
Committee: ITRE
Amendment 273 #

2021/0203(COD)

Proposal for a directive
Recital 62
(62) Around 34 million households in the Union were unable to keep their home adequately warm in 201974. With its one- sided promotion of renewable energy sources, EU energy policy also contributes to a continuous rise in energy prices. The European Green Deal prioritises the social dimension of the transition by committing to the principle that `no one is left behind´. The green transition, including the clean transition, affects women and men differently and may have a particular impact on some disadvantaged groups including people with disabilities. Energy efficiency measures must therefore be central to any cost-effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at Member State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost- effectiveness of such measures, as well as their affordability to property owners and tenants, should be taken into account, and adequate financial and technical support for such measures should be guaranteed at Member State level. Member States should support the local and regional level in identifying and alleviating energy poverty. The Union's building stock needs, in the long term, to be converted to NZEBs in accordance with the objectives of the Paris Agreement. Current building renovation rates are insufficient and buildings occupied by citizens on low incomes who are affected by energy poverty are the hardest to reach. The measures laid down in this Directive with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance. _________________ 74 COMMISSION RECOMMENDATION of 14.10.2020 on energy poverty, C(2020) 9600 final.
2022/03/21
Committee: ITRE
Amendment 321 #

2021/0203(COD)

Proposal for a directive
Recital 100
(100) Member States should ensure that national energy regulatory authorities take an integrated approach encompassing potential savings in the energy supply and the end-use sectors. Without prejudice to security of supply, market integration and anticipatory investments in offshore grids necessary for the deployment of offshore renewable energy, national energy regulatory authorities should ensure that the energy efficiency first principle is applied in the planning and decision making processes and that network tariffs and regulations incentivise improvements in energy efficiency. It is also important to ensure that the CO2 emissions over the whole life cycle of the wind turbines are considered. Member States should also ensure that transmission and distribution system operators consider the energy efficiency first principle. That would help transmission and distribution system operators to consider better energy efficiency solutions and incremental costs incurred for the procurement of demand side resources, as well as the environmental and socio-economic impacts of different network investments and operation plans. Such an approach requires a shift from the narrow economic efficiency perspective to maximised social welfare. The energy efficiency first principle should in particular be applied in the context of scenario building for energy infrastructure expansion where demand side solutions could be considered as viable alternatives and need to be properly assessed, and it should become an intrinsic part of the assessment of network planning projects. Its application should be scrutinised by national regulatory authorities.
2022/03/21
Committee: ITRE
Amendment 326 #

2021/0203(COD)

Proposal for a directive
Recital 108
(108) Member States and regions should be encouraged to make full use of the European funds available in the MFF and Next Generation EU including the Recovery and Resilience Facility, the Cohesion Policy Funds, the Rural Development Fund and the Just Transition Fund, as well as the financial instruments and technical assistance available under InvestEU, to trigger private and public investments in energy efficiency improvement measures. Investment in energy efficiency has the potential to contribute to economic growth, employment, innovation and a reduction in energy poverty in households, and therefore makes a positive contribution to economic, social and territorial cohesion and green recovery. Potential areas for funding include energy efficiency measures in public buildings and housing, and providing new skills to promote employment in the energy efficiency sector. The Commission will ensure synergies between the different funding instruments and make them accessible to the public in a transparent manner, in particular the funds in the shared management and in the direct management (like the centrally-managed programmes: Horizon Europe or LIFE), as well as between grants, loans and technical assistance to maximise their leverage effect on private financing and their impact on the achievement of energy efficiency policy objectives.
2022/03/21
Committee: ITRE
Amendment 337 #

2021/0203(COD)

Proposal for a directive
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.
2022/03/21
Committee: ITRE
Amendment 357 #

2021/0203(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) ‘energy system’ means a system primarily designed to supply energy- services to satisfy the demand of end-use sectors for energy in the forms of heat, cooling, fuels, and electricity;
2022/03/21
Committee: ITRE
Amendment 488 #

2021/0203(COD)

Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union’s energy efficiency targets. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in addition to those recommendations in order to ensure, in particular, the achievement of the Union's 2030 targets for energy efficiencyadditional measures.
2022/03/21
Committee: ITRE
Amendment 607 #

2021/0203(COD)

Proposal for a directive
Article 7 – paragraph 5 – introductory part
5.(5) Member States may require that contracting authorities and contracting entities take into account, where appropriate, wider sustainability, social, environmental and circular economy aspects in procurement practices with a view to achieving the Union’s decarbonisation and zero pollution objectives. Where appropriate, and in accordance with the requirements laid down in Annex IV, Member States shall require contracting authorities and contracting entities to take into account Union green public procurement criteria, regard being had to the economic viability thereof.
2022/03/22
Committee: ITRE
Amendment 650 #

2021/0203(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2 – point a a (new)
(aa) Inability to fuel a motor vehicle sufficiently to guarantee its readiness for service;
2022/03/22
Committee: ITRE
Amendment 1028 #

2021/0203(COD)

Proposal for a directive
Article 31 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend or supplement this Directive by adapting to technical progress the values, calculation methods, default primary energy coefficient s and requirements referred to in Article 29, Annexes II, III, V, VII to XI, and XIII .
2022/03/22
Committee: ITRE
Amendment 1106 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted , except those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 ;
2022/03/22
Committee: ITRE
Amendment 1117 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation as from 1 January 2024;deleted
2022/03/22
Committee: ITRE
Amendment 1140 #

2021/0203(COD)

Proposal for a directive
Annex V – point 2 – point k
(k) fFor policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
2022/03/22
Committee: ITRE
Amendment 12 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a local, sustainable, healthy and resilient food system which benefits consumers in the EU;
2021/01/18
Committee: IMCO
Amendment 37 #

2020/2260(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes that quality food, fair profits for producers, fair prices for consumers, food sovereignty, environmental protection and high standards of animal welfare are key objectives for a balanced consumption policy;
2021/01/18
Committee: IMCO
Amendment 57 #

2020/2260(INI)

Draft opinion
Paragraph 3 a (new)
3a. Considers that local, national or European preference in public tenders for food (canteens, hospitals, etc.) should be encouraged;
2021/01/18
Committee: IMCO
Amendment 58 #

2020/2260(INI)

Draft opinion
Paragraph 3 b (new)
3b. Calls on the Commission to identify practical ways of encouraging short supply chains, such as an exemption from VAT for products sold less than 100 km from their production site, and providing public spaces for the regular or seasonal sale of products from micro- enterprises or regional cooperatives;
2021/01/18
Committee: IMCO
Amendment 71 #

2020/2260(INI)

Draft opinion
Paragraph 4 a (new)
4a. Urges the Commission to allow Member States that so wish (Bulgaria, Slovakia, etc.) to encourage the creation of special shelves in supermarkets for local or national products;
2021/01/18
Committee: IMCO
Amendment 75 #

2020/2260(INI)

Draft opinion
Paragraph 4 b (new)
4b. Calls on the Commission to make it easier for quality products from micro- enterprises to access local markets;
2021/01/18
Committee: IMCO
Amendment 80 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; points out the importance of tackling free-riding throughout the food supply chain in order to ensure a fair price for products and protect the reputation of those products with quality marks;
2021/01/18
Committee: IMCO
Amendment 127 #

2020/2260(INI)

Draft opinion
Paragraph 7
7. Regards it as essential, further, to keep consumers better informed by introducing mandatory ingredient origin labelling of processed and unprocessed food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels;
2021/01/18
Committee: IMCO
Amendment 135 #

2020/2260(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for mandatory labelling of meat products and processed meat products, indicating the animal’s place of birth, rearing and slaughter, and the animal welfare conditions, including transport and method of slaughter, so that consumers can make an informed choice;
2021/01/18
Committee: IMCO
Amendment 143 #

2020/2260(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls for the ‘EU and non-EU’ indication of origin to be immediately prohibited for foodstuffs such as honey and jam, because it is often fake and misleads consumers about the European origin of the product;
2021/01/18
Committee: IMCO
Amendment 144 #

2020/2260(INI)

Draft opinion
Paragraph 7 c (new)
7c. Calls for a ban on all European public subsidies for slaughterhouses not stunning animals before their slaughter;
2021/01/18
Committee: IMCO
Amendment 145 #

2020/2260(INI)

Draft opinion
Paragraph 7 d (new)
7d. Considers that the clear and mandatory origin labelling of food should indicate a precise place of origin in the Member State or third country concerned;
2021/01/18
Committee: IMCO
Amendment 175 #

2020/2260(INI)

Draft opinion
Paragraph 10 a (new)
10a. Recalls that numerous food scandals have shocked European consumers: processed meat products, such as lasagne, made from horse meat, tainted Brazilian beef, chicken and beef containing hormones and antibiotics, as well as fake honey and fraudulent alcohol and wine; calls for food checks to be increased in order to protect consumers, by setting a minimum number or rate of annual inspections;
2021/01/18
Committee: IMCO
Amendment 183 #

2020/2260(INI)

Draft opinion
Paragraph 11 a (new)
11a. Notes that Turkey has engaged in unilateral and provocative activities against the EU, Member States and European leaders; notes, further, that Turkish unilateral and provocative activities in the Eastern Mediterranean are still taking place, including in Cyprus’ Exclusive Economic Zone; calls on the Commission and Member States to temporarily limit the access of Turkish foodstuffs to the internal market and European consumers.
2021/01/18
Committee: IMCO
Amendment 24 #

2020/2091(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses, in this context, that the focus must not be on banning private transport and that the needs of all road users must be taken into account;
2021/01/18
Committee: TRAN
Amendment 39 #

2020/2091(INI)

Draft opinion
Paragraph 3 a (new)
3a. Points out in this connection that public transport services, especially in rural areas, are frequently unsatisfactory, irregular and expensive;
2021/01/18
Committee: TRAN
Amendment 55 #

2020/2091(INI)

Draft opinion
Paragraph 4
4. ReiteratStresses the importance of a substantial modal shift from road towards less polluting forms of transportation; underlines, inrail transport this regard,; points to the urgent need to improve and expand railroad infrastructure, especially under the framework of the Trans-European Transport Network, and to further ease and encourage intermodality;
2021/01/18
Committee: TRAN
Amendment 167 #

2020/0279(COD)

Draft legislative resolution
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
2021/12/09
Committee: LIBE
Amendment 176 #

2020/0279(COD)

Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationalscitizens of the Member States and support Member States to coordinate and cooperate to stop illegal immigration and protect the integrity of the external borders to ensure the safety of the citizens in the Member States and to protect the European way of life.
2021/12/09
Committee: LIBE
Amendment 182 #

2020/0279(COD)

Proposal for a regulation
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and in an integrated manner.deleted
2021/12/09
Committee: LIBE
Amendment 190 #

2020/0279(COD)

Proposal for a regulation
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and ofa proposal for cooperation between the Member States inof the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection,Union in the field of illegal migration control. Member States should therefore consider to take measures to return illegally staying third-country nationals, to prevent irregularllegal migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributo combat illegal migrations, as ylum fraud and otheir contribution to the comprehensive approachnected criminal acts.
2021/12/09
Committee: LIBE
Amendment 203 #

2020/0279(COD)

Proposal for a regulation
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and thatimprove cooperation between the Member States ofn migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures toprevent and combat, illegal migration and migrant smuggling.
2021/12/09
Committee: LIBE
Amendment 214 #

2020/0279(COD)

Proposal for a regulation
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of personA policy of non-interference with the right of Member States to protect their borders ins need of international protection and those who are not anded. This will ensure an ability to effectively address the in crecognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protectionasing levels of illegal mass-migration and hybrid warfare waged against the Member States. To ensure that Member States have the necessary tools to effectively manage this threat this Regulation shall ensure that the Commission and the European Parliament do not interfere with the sovereign rights of the Member States.
2021/12/09
Committee: LIBE
Amendment 219 #

2020/0279(COD)

Proposal for a regulation
Recital 6
(6) In order to reflect the whole of government approach and ensure coherence and effectiveness of the actions and measures taken by the Union and its Member States acting within their respective competencies, there is a need for integrated policy-making in the field of asylum and migration management, including both its internal and external components, which is part of the comprehensive approach.deleted
2021/12/09
Committee: LIBE
Amendment 231 #

2020/0279(COD)

(8) Taking a strategic approach, the Commission should adopt a European Asylum and Migration Management Strategy on the implementation of asylum and migration management policies. The Strategy should be based on relevant reports and analyses produced by Union agencies and on the national strategies of the Member States.deleted
2021/12/09
Committee: LIBE
Amendment 237 #

2020/0279(COD)

Proposal for a regulation
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarityto combat illegal migration and asylum fraud should include strict and practical measures to deter illegal migration and ensure that Europe can hit at the heart of the illegal migration industry. Furthermore, Member States shall be encouraged to ensure that andy fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national levelcilities for asylum claims are located in third countries, preferably in stable parts of the developing world so as to benefit both the applicants as well as the host nation that can benefit from providing this service to the asylum applicants.
2021/12/09
Committee: LIBE
Amendment 242 #

2020/0279(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) The regulation sets out how the Commission may (1) provide support to the Member States, as warranted, thereby ensuring to stop illegal mass-migration, (2) curtail third-countries' ability to aggress against the Member States by weaponising third country nationals and labelling them migrants and refugees, (3) ensure to combat asylum fraud, (4) restore the sanctity of the concept of asylum, (5) resolutely support a Member State with regard to migratory movements and incursions, and (6) ensure not to interfere with the internal affairs of the Member States dealing with all threats and consequences linked to migration;
2021/12/09
Committee: LIBE
Amendment 243 #

2020/0279(COD)

Proposal for a regulation
Recital 10
(10) In order to ensure that an effective monitoring system is in place to ensure the application of the asylum acquis, the results of the monitoring undertaken by the European Union Asylum Agency and Frontex, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation] should also be taken into account in these strategies.deleted
2021/12/09
Committee: LIBE
Amendment 246 #

2020/0279(COD)

Proposal for a regulation
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparentMember States are prepared to stop all illegal migration, the Commission should support Member States by providing a monthly update on possible illegal flows of third country nationals and asylum fraud trends.
2021/12/09
Committee: LIBE
Amendment 252 #

2020/0279(COD)

Proposal for a regulation
Recital 12
(12) In order to ensure that the necessary tools are in place to assist Member States in dealing with challenges that may arise due to the presence on their territory of third-country nationals that are vulnerable applicants for international protection, regardless of how they crossed the external borders, the Report should also indicate whether the said Member States are faced with such challenges. Those Member States should also be able to rely on the use of the ‘solidarity pool’ for the relocation of vulnerable persons.deleted
2021/12/09
Committee: LIBE
Amendment 274 #

2020/0279(COD)

Proposal for a regulation
Recital 14
(14) An effective robust and swift return policy is an essential element of a well- functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, thprotection for any nation state. Thus it is encouraged that all Member States ensure to arrange for processing of any asylum claims of third country nationals outside European soil; applicants who have registered within the Union could be detained, if deemed necessary; when there are pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examiningasonable grounds to consider the applicant a danger to national security or public order, those applications as well as contributing to effective access to international protection for those in neednt shall be detained without delay.
2021/12/09
Committee: LIBE
Amendment 282 #

2020/0279(COD)

Proposal for a regulation
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1of illegal migrants it is necessary to focus funding and manpower at the disposal of the Commission on ensuring such migrants' prompt return.
2021/12/09
Committee: LIBE
Amendment 291 #

2020/0279(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure a fair sharing of responsibility and a balance of effort between Member States, a solidarity mechanism should be established which is effective and ensures that applicants have swift access to the procedures for granting international protection. Such a mechanism should provide for different types of solidarity measures and should be flexible and able to adapt to the evolving nature of the migratory challenges facing a Member State.deleted
2021/12/09
Committee: LIBE
Amendment 305 #

2020/0279(COD)

Proposal for a regulation
Recital 17
(17) Given the need to ensure the smooth functioning of the solidarity mechanism established in this Regulation, a Solidarity Forum comprising the representatives of all Member States should be established and convened by the Commission.deleted
2021/12/09
Committee: LIBE
Amendment 319 #

2020/0279(COD)

Proposal for a regulation
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search anrisk posed by so- called rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure, Member States shall be encouraged to criminalize these organizations and combat illegal search and rescue operations.
2021/12/09
Committee: LIBE
Amendment 329 #

2020/0279(COD)

Proposal for a regulation
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.deleted
2021/12/09
Committee: LIBE
Amendment 340 #

2020/0279(COD)

Proposal for a regulation
Recital 20
(20) In order to provide a timely response to the specific situation following disembarkations from search and rescue operations, the Commission, with the assistance of Union Agencies, should facilitate the swift relocation of eligible applicants for international protection who are not in the border procedure. Under the coordination of the Commission, the European Union Asylum Agency and the European Border and Coast Guard Agency should draw up the list of eligible persons to be relocated indicating the distribution of those persons among the contributing Member States.deleted
2021/12/09
Committee: LIBE
Amendment 349 #

2020/0279(COD)

Proposal for a regulation
Recital 21
(21) Persons disembarked should be distributed in a proportionate manner among the Member StateAny illegal migrants that are disembarked should be detained and processed as soon as possible for return to their homeland by the Member State that allowed the disembarkation to take place. Member States that allow disembarkation should be made aware of the fact that they themselves will have to take the burden for allowing illegal migrants to enter into the EU area and it is their responsibility to prevent that the illegal migrants move to other the Member States at their own will. Member States failing this will have to face responsibility to take back illegal migrants for processing and return to their homelands.
2021/12/09
Committee: LIBE
Amendment 355 #

2020/0279(COD)

Proposal for a regulation
Recital 22
(22) The overall contribution of each Member State to the solidarity pool should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.deleted
2021/12/09
Committee: LIBE
Amendment 372 #

2020/0279(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure that support measures are available at all times to address the specific situation of disembarkations from search and rescue operations, where the number of disembarkations following search and rescue operation have reached 80% of the solidarity pools for one or more of the benefitting Member States, the Commission should adopt amended implementing acts increasing the total number of contributions by 50%.deleted
2021/12/09
Committee: LIBE
Amendment 376 #

2020/0279(COD)

Proposal for a regulation
Recital 24
(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whether a Member State is under migratory pressure and setting out the measures that could support that Member State in addressing the situation of migratory pressure.deleted
2021/12/09
Committee: LIBE
Amendment 390 #

2020/0279(COD)

Proposal for a regulation
Recital 25
(25) When assessing whether a Member State is under migratory pressure the Commission, based on a broad qualitative assessment, should take account of a broad range of factors, including the number of asylum applicants, irregular border crossings, return decisions issued and enforced, and relations with relevant third countries. The solidarity response should be designed on a case-by-case basis in order to be tailor-made to the needs of the Member State in question.deleted
2021/12/09
Committee: LIBE
Amendment 420 #

2020/0279(COD)

Proposal for a regulation
Recital 27
(27) The voluntary solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
2021/12/09
Committee: LIBE
Amendment 426 #

2020/0279(COD)

Proposal for a regulation
Recital 28
(28) Member States should notify the type of solidarity contributions that they will take through the completion of a solidarity response plan. Where Member States are themselves benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be shared proportionately among the other Member States taking such measures.deleted
2021/12/09
Committee: LIBE
Amendment 438 #

2020/0279(COD)

Proposal for a regulation
Recital 29
(29) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to make contributions to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease of such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.deleted
2021/12/09
Committee: LIBE
Amendment 447 #

2020/0279(COD)

Proposal for a regulation
Recital 29 a (new)
(29a) Member States should be able to make voluntary contributions if a Member State experiences migratory pressure, for example by providing assistance for protecting their external borders.
2021/12/09
Committee: LIBE
Amendment 450 #

2020/0279(COD)

Proposal for a regulation
Recital 30
(30) In order to ensure a comprehensive and effective solidarity response and in order to give clarity to Member States receiving support, the Commission should adopt an implementing act specifying the contributions to be made by each Member State. Such contributions should always be based on the type of contributions indicated by the Member State concerned in the solidarity response plan, except where that Member State failed to submit one. In such cases, the measures set out in the implementing act for the Member State concerned should be determined by the Commission.deleted
2021/12/09
Committee: LIBE
Amendment 461 #

2020/0279(COD)

Proposal for a regulation
Recital 31
(31) A distribution key based on the size of the population and of the economy of the Member States should be applied as a point of reference for the operation of the solidarity mechanism enabling the determination of the overall contribution of each Member State.deleted
2021/12/09
Committee: LIBE
Amendment 468 #

2020/0279(COD)

Proposal for a regulation
Recital 32
(32) A Member State should be able to takemay, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basidecide to take measures to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, wherass-migratory threat, however the principal responsibility shall always remain with the Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure affected.
2021/12/09
Committee: LIBE
Amendment 479 #

2020/0279(COD)

Proposal for a regulation
Recital 34
(34) It is appropriate that a clear and workable method for determining the Member State responsible for the examination of an application for international protection should be included in the Common European Asylum System40 . That method should be based on objective, fair criteria both for the Member States and for the persons concerned. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for granting international protection and not to compromise the objective of the rapid processing of applications for international protection. _________________ 40 As set out by the European Council at its special meeting in Tampere on 15 and 16 October 1999.deleted
2021/12/09
Committee: LIBE
Amendment 493 #

2020/0279(COD)

Proposal for a regulation
Recital 35
(35) This Regulation should be based on the principles underlying Regulation (EU) No 604/2013 of the European Parliament and of the Council41 while developing the principle of solidarity and fair sharing of responsibility as part of the common framework. To that end, a new solidarity mechanism should enable a strengthened preparedness of Member States to manage migration, to address situations where Member States are faced with migratory pressure and to facilitate regular solidarity support among Member States. _________________ 41Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, OJ L 180, 29.6.2013, p. 31.deleted
2021/12/09
Committee: LIBE
Amendment 499 #

2020/0279(COD)

Proposal for a regulation
Recital 36
(36) This Regulation should apply to applicants for subsidiary protection and persons eligible for subsidiary protection in order to ensure equal treatment for all applicants and beneficiaries of international protection, and consistency with the current Union asylum acquis, in particular with Regulation (EU) XXX/XXX [Qualification Regulation].deleted
2021/12/09
Committee: LIBE
Amendment 504 #

2020/0279(COD)

Proposal for a regulation
Recital 37
(37) Persons granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration] should continue to be considered as applicants for international protection, in view of their pending (suspended) application for international protection within the meaning of Regulation (EU) XXX/XXX [Asylum Procedure Regulation]. As such, they should fall under the scope of this Regulation and be considered as applicants for the purpose of applying the criteria and mechanisms for determining the Member State responsible for examining their applications for international protection or the procedure for relocation as set out in this Regulation.deleted
2021/12/09
Committee: LIBE
Amendment 512 #

2020/0279(COD)

Proposal for a regulation
Recital 38
(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Membe, all third country nationals with no legal rights to enter or Sstate thay in the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement schemes should be detained until they can be returned to their country of origin or transferred to an asylum center in a third country.
2021/12/09
Committee: LIBE
Amendment 519 #

2020/0279(COD)

Proposal for a regulation
Recital 39
(39) At the same time, and given the importance of facilitating the full integration of beneficiaries of international protection in the Member State of residence, the prospect of obtaining long-term resident status in a shorter period of time should be provided for. Beneficiaries of international protection should be able to obtain long- term resident status in the Member State which granted them international protection after three years of legal and continuous residence in that Member State. As regards other conditions to obtain the status, beneficiaries of international protection should be required to fulfil the same conditions as other third-country nationals. Council Directive 2003/109/EC42 should therefore be amended accordingly. _________________ 42Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, OJ L 016, 23.1.2004, p. 44.deleted
2021/12/09
Committee: LIBE
Amendment 523 #

2020/0279(COD)

Proposal for a regulation
Recital 40
(40) For reasons of efficiency and legal certainly, it is essential that the Regulation is based on the principle that responsibility is determined only once, unless the person concerned has left the territory of the Member States in compliance with a return decision or removal order.deleted
2021/12/09
Committee: LIBE
Amendment 532 #

2020/0279(COD)

Proposal for a regulation
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primaryn important consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or , this entails a swift reunification with their age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerabilitfamily and/or representative in or near their home country.
2021/12/09
Committee: LIBE
Amendment 541 #

2020/0279(COD)

Proposal for a regulation
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be athe safety of the Member States citizens, their family life and their European way of life, as well as for right to self-determination of the peoples of the Member States, should be the primary considerations of Member States when applying this Regulation.
2021/12/09
Committee: LIBE
Amendment 552 #

2020/0279(COD)

Proposal for a regulation
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public orderfree to travel within the EU, they should be promptly apprehended by the Member State concerned and placed in a high security facility awaiting deportation to their home country.
2021/12/09
Committee: LIBE
Amendment 556 #

2020/0279(COD)

Proposal for a regulation
Recital 46
(46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated.deleted
2021/12/09
Committee: LIBE
Amendment 564 #

2020/0279(COD)

Proposal for a regulation
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family memberis recommended to include one legal shpould also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EUse and the children (biological or adopted), at the discretion of each Member State.
2021/12/09
Committee: LIBE
Amendment 571 #

2020/0279(COD)

Proposal for a regulation
Recital 48
(48) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’s pregnancy or maternity, state of health or old age, should be a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion. In order to discourage unauthorised movements of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative, the Member State responsible should be that where the unaccompanied minor’s application for international protection was first registered, unless it is demonstrated that this would not be in the best interests of the child. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representatives tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an assessment of his or her best interests by staff with the necessary qualifications and expertise.deleted
2021/12/09
Committee: LIBE
Amendment 580 #

2020/0279(COD)

Proposal for a regulation
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection.deleted
2021/12/09
Committee: LIBE
Amendment 589 #

2020/0279(COD)

Proposal for a regulation
Recital 50
(50) Where persons are in possession of a diploma or other qualification, the Member State where the diploma was issued should be responsible for examining their application. This would ensure a swift examination of the application in the Member State with which the applicant has meaningful links based on such a diploma.deleted
2021/12/09
Committee: LIBE
Amendment 601 #

2020/0279(COD)

Proposal for a regulation
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularllegally entered its territory, it is also necessary to include the situation when the person enters the territory illegally following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protectionn operation by states or third parties at sea due to coercion from the illegal migrants and/or smugglers.
2021/12/09
Committee: LIBE
Amendment 603 #

2020/0279(COD)

Proposal for a regulation
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation.deleted
2021/12/09
Committee: LIBE
Amendment 618 #

2020/0279(COD)

Proposal for a regulation
Recital 54
(54) In order to limit the possibility for applicants’ behaviour to lead to the cessation or shift of responsibility to another Member State, rules allowing for cessation or shift of responsibility where the person leaves the territory of the Member States for at least three months during examination of the application or absconds to evade a transfer to the Member State responsible for more than 18 months should be deleted. The shift of responsibility when the time limit for sending a take back notification has not been respected by the notifying Member State should also be removed in order to discourage circumventing the rules and obstruction of procedure. In situations where a person has entered a Member State irregularly without applying for asylum, the period after which the responsibility of that Member State ceases and another Member State where that person subsequently applies becomes responsible should be extended, to further incentivise persons to comply with the rules and apply in the first Member State of entry and hence limit unauthorised movements and increase the overall efficiency of the CEAS.deleted
2021/12/09
Committee: LIBE
Amendment 631 #

2020/0279(COD)

Proposal for a regulation
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed uponcitizens of the Member States it is proposed that the Member State concerned ensures that all third country nationals who illegally enter are detained in safe facilities awaiting their removal from the Member State.
2021/12/09
Committee: LIBE
Amendment 637 #

2020/0279(COD)

Proposal for a regulation
Recital 57
(57) In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take charge requests, carrying a transfer, as well as in cases where the Member State of first application becomes responsible or it is impossible to carry out the transfer to the Member State primarily responsible due to systemic deficiencies resulting in a risk of inhuman or degrading treatment and subsequently another Member State is determined as reponsible.deleted
2021/12/09
Committee: LIBE
Amendment 641 #

2020/0279(COD)

Proposal for a regulation
Recital 58
(58) In order to ensure the speedy determination of responsibility, the deadlines for making and replying to requests to take charge, for making take back notifications, as well as for making and deciding on appeals, should be streamlined and shortened.deleted
2021/12/09
Committee: LIBE
Amendment 649 #

2020/0279(COD)

Proposal for a regulation
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulationillegal migrants and/or applicants should be applied in accordance with the underlying principle that a person should be detained for as short a period as possible.
2021/12/09
Committee: LIBE
Amendment 657 #

2020/0279(COD)

Proposal for a regulation
Recital 60
(60) Deficiencies in, or the collapse of, asylum systems, often aggravated or contributed to by particular pressures on them, can jeopardise the smooth functioning of the system put in place under this Regulation, which could lead to a risk of a violation of the rights of applicants as set out in the Union asylum acquis and the Charter of Fundamental Rights of the European Union, other international human rights and refugee rights.deleted
2021/12/09
Committee: LIBE
Amendment 660 #

2020/0279(COD)

Proposal for a regulation
Recital 61
(61) In accordance with Commission Regulation (EC) No 1560/200345 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the person concerned and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. _________________ 45Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, OJ L 222, 5.9.2003, p. 3.deleted
2021/12/09
Committee: LIBE
Amendment 663 #

2020/0279(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure a clear and efficient relocation procedure, specific rules for a benefitting and a contributing Member State should be set out. The rules and safeguards relating to transfers set out in this Regulation should apply to transfers for the purpose of relocation except where they are not relevant for such a procedure.deleted
2021/12/09
Committee: LIBE
Amendment 672 #

2020/0279(COD)

Proposal for a regulation
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to give prioritexperience large volumes of illegal border crossings, other Member States may, if they tso the relocation of unaccompanied minors a higher incentive contribution should be providewish, support with funds, personnel or material the effort to stop illegal migration and asylum fraud.
2021/12/09
Committee: LIBE
Amendment 683 #

2020/0279(COD)

Proposal for a regulation
Recital 65
(65) Continuity between the system for determining the Member State responsible established by Regulation (EU) No 604/2013 and the system established by this Regulation should be ensured. Similarly, consistency should be ensured between this Regulation and Regulation (EU) XXX/XXX [Eurodac Regulation].deleted
2021/12/09
Committee: LIBE
Amendment 685 #

2020/0279(COD)

Proposal for a regulation
Recital 66
(66) A network of competent Member State authorities should be set up and facilitated by the European Union Agency for Asylum to enhance practical cooperation and information sharing on all matters related to the application of this Regulation, including the development of practical tools and guidance.deleted
2021/12/09
Committee: LIBE
Amendment 691 #

2020/0279(COD)

Proposal for a regulation
Recital 68
(68) The operation of the Visa Information System, as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council46 , and in particular the implementation of Articles 21 and 22 thereof, should facilitate the application of this Regulationshould facilitate the important work of securing the borders for the Member States. _________________ 46Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas, OJ L 218, 13.8.2008, p. 60.
2021/12/09
Committee: LIBE
Amendment 693 #

2020/0279(COD)

Proposal for a regulation
Recital 69
(69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations primarily to their own citizens to ensure rule of law, a safe and secure environment, protection of their culture and the European way of life under instruments of international law, including the relevant case-law of the European Court of Human Rights.
2021/12/09
Committee: LIBE
Amendment 700 #

2020/0279(COD)

Proposal for a regulation
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.deleted
2021/12/09
Committee: LIBE
Amendment 709 #

2020/0279(COD)

Proposal for a regulation
Recital 73
(73) The Commission should adopt immediately applicable implementing acts in duly justified imperative grounds of urgency due to the situation of migratory pressure present in a Member States.deleted
2021/12/09
Committee: LIBE
Amendment 721 #

2020/0279(COD)

Proposal for a regulation
Recital 77
(77) This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charterself- determination of the citizens of the Member States, as well as their rights recognised under Articles 1, 4, 7, 24 and 47 thereof. This Regulation should therefore be applied accordingly to a secure and safe environment and the preservation of their cultures and way of life.
2021/12/09
Committee: LIBE
Amendment 722 #

2020/0279(COD)

(78) Since the objective of this Regulation, namely the establishment of criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, and the establishment of a solidarity mechanism to support Member States in addressing a situation of migratory pressure, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.deleted
2021/12/09
Committee: LIBE
Amendment 735 #

2020/0279(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
In accordance with the principle of solidarity and fair sharing of responsibility, and with the objective of reinforcing mutual trustAcknowledging the sovereignty of the Member States, and in accordance with the duty of every Member State to protect its citizens and defend their freedom of movement under Article 45 TFEU, this Regulation:
2021/12/09
Committee: LIBE
Amendment 739 #

2020/0279(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum andpplications in the Union and the prevention of illegal migration into the Union;
2021/12/09
Committee: LIBE
Amendment 747 #

2020/0279(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) establishes a mechanism for voluntary solidarity;
2021/12/09
Committee: LIBE
Amendment 749 #

2020/0279(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point c
(c) lays down the criteria and mechanismsdetermines that the Member State responsible for examining an application for deintermining the Member State responsible for examining an application for international protectionnational protection is ordinarily the Member State of first entry; provides guidelines for Commission support, if requested by a Member State, by ensuring that all funds allocated are used to prevent illegal mass-migration; facilitates the prompt return of illegal migrants.
2021/12/09
Committee: LIBE
Amendment 752 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Uniona Member State within the meaning of Article 20(1) of the Treaty and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ; _________________ 53Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.
2021/12/09
Committee: LIBE
Amendment 753 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) ‘illegal migrant’ means any third- country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third- country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.
2021/12/09
Committee: LIBE
Amendment 756 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national or a stateless person, who can be understood as seeking refugee status, or a person seeking subsidiary protection status but only in cases where protection could not be granted in the region, 'international protection' as defined in this Regulation does not include humanitarian visas issued by a Member State on a discretionary basis;
2021/12/09
Committee: LIBE
Amendment 768 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been takenwithout illegally entering a Member State, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];
2021/12/09
Committee: LIBE
Amendment 769 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
(ca) 'child' means a minor under the age of 13,
2021/12/09
Committee: LIBE
Amendment 770 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation], excluding procedures for determining the Member State responsible in accordance with this Regulationapplicable United Nation conventions currently in force;
2021/12/09
Committee: LIBE
Amendment 776 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation]by the respective Member State;
2021/12/09
Committee: LIBE
Amendment 781 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States, and with whom there is a well-proven family link:
2021/12/09
Committee: LIBE
Amendment 787 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
(i) the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of, only where the country of origin and the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country ncognises the marriage in accordance with its national legislationals,
2021/12/09
Committee: LIBE
Amendment 795 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult legally responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
2021/12/09
Committee: LIBE
Amendment 806 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
(v) the sibling or siblings of the applicant;deleted
2021/12/09
Committee: LIBE
Amendment 820 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years but over the age of 13;
2021/12/09
Committee: LIBE
Amendment 821 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
(ia) 'unaccompanied child' means a minor under the age of 13 who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor under the age of 13 who is left unaccompanied after he or she has entered the territory of Member States;
2021/12/09
Committee: LIBE
Amendment 826 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor or child in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor or child where necessary;
2021/12/09
Committee: LIBE
Amendment 832 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘diploma or qualification’ means a diploma or qualification which is obtained after at least a three months’ period of study in a recognised, state or regional programme of education or vocational training at least equivalent to level 2 of the International Standard Classification of Education, operated by an education establishment in accordance with national law or administrative practice of the Member States;deleted
2021/12/09
Committee: LIBE
Amendment 841 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by repeatedly failing to respond to official requests or by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;
2021/12/09
Committee: LIBE
Amendment 857 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point s
(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to the solidarity measures to a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;
2021/12/09
Committee: LIBE
Amendment 888 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
(wa) ‘massive illegal migration threat’ means a situation where there is a large number of illegal migrants, or a risk of such individuals appearing, in a Member State and the specific developments in third countries which generate mass illegal migration flows;
2021/12/09
Committee: LIBE
Amendment 893 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point aa
(aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State, and who must be returned to his or her country of origin without delay.
2021/12/09
Committee: LIBE
Amendment 912 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
The Union and theEach Member States shallould take firm actions in the field of asylum and to combat illegal migration management on the basis of a comprehensive approach. That comprehensive approach shall address the entirety of the migratory routes that affect asylum and migration management and to ensure the safe return of all illegal migrants, as well as to support to uphold the sanctity of the institution of asylum by ensuring to end asylum fraud. The support provided shall consist of the following components:
2021/12/09
Committee: LIBE
Amendment 916 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;addressing illegal migration with relevant third countries, supporting countries hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting illegal migration and migrant trafficking and smuggling, and enhancing cooperation on readmission, including making development aid to third countries conditional upon the effective implementation of readmission agreements1a; the Commission shall, in this regard, ensure that, in all its dealings with the authorities of third countries, it supports all initiatives and policies of the Member States aimed at combatting illegal immigration, returning illegal migrants, countering the weaponisation of illegal migrants, and preventing asylum fraud; _________________ 1aParticularly in accordance with resolution of the European Parliament of 25 November 2020 on improving development effectiveness and the efficiency of aid.
2021/12/09
Committee: LIBE
Amendment 924 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) close cooperation and mutual partnership among Union institutions and bodies, Member States andbetween Member States, and if so requested, assisted where necessary by the Commission; the Commission shall ensure that it supports the Member States' efforts in all international forganisationsa such as, but not limited to, the United Nations and the OSCE;
2021/12/09
Committee: LIBE
Amendment 931 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point c
(c) full implementarespect for the sovereignty of Member States and recognition that border protection ofand the common visa policydecision to grant or refuse visas for third country nationals is a national competence;
2021/12/09
Committee: LIBE
Amendment 935 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregularprevention of illegal migration and support from the Commission to ensure that any funds received including development and/or emergency aid is strictly conditioned on full compliance with all requests from Member States in their work to end illegal migration;
2021/12/09
Committee: LIBE
Amendment 944 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border management which includes support to Member States that face severe migratory pressure and, as a result, need to erect physical barriers at the external border of the Union;
2021/12/09
Committee: LIBE
Amendment 953 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) full respect of the obligations laid down in international and European lawlegally binding international instruments concerning persons rescued at sea;
2021/12/09
Committee: LIBE
Amendment 958 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;
2021/12/09
Committee: LIBE
Amendment 962 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanism; if a Member State fails in their primary duty to uphold the integrity of the national border, any and all third country nationals that enter the EU zone for the first time will be that Member Sate's responsibility. If other Member States would like to show solidarity in the defence of that Member State's border, they are encouraged to do so; Member States are especially encouraged to provide support if that Member State's fbor solidarityder coincides at any distance with the external border, and that Member State has applied active and robust preparatory measures against illegal migration, the weaponisation of illegal migration, and asylum fraud;
2021/12/09
Committee: LIBE
Amendment 969 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions; Member States are encouraged to outsource and locate any asylum reception facilities to an appropriate third country; preferably, the third country shall be located geographically so that the carbon footprint of the facility used is as light as possible and that the investment can benefit the development of the hosting nation; where possible, the location should also be in the proximity of the country of origin to facilitate their return home;
2021/12/09
Committee: LIBE
Amendment 980 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) effective management of thed swift return of illegally staying third-country nationals;
2021/12/09
Committee: LIBE
Amendment 982 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point k
(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member Statesensure that refugees are hosted in the region close to their country of origin, and in cases where refugees have been granted asylum in a Member State, effective measures to ensure that those who have been granted international protection can return to their country of origin once it is safe to do so;
2021/12/09
Committee: LIBE
Amendment 989 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point l
(l) measures aimed at reducing and tackling the enabling and pull factors of irregularllegal migration to and illegal stay in the Union, including illegal employment, asylum fraud, as well as conditions that enable third countries to weaponise migration;
2021/12/09
Committee: LIBE
Amendment 992 #

2020/0279(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point m
(m) full deployment and use of the operational tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU- LISA and Europol, as well as large-scale Union Information Technology systems to offer any assistance requested by the Member States to combat illegal migration, asylum fraud and hybrid attacks on the Member States;
2021/12/09
Committee: LIBE
Amendment 1003 #

2020/0279(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The Union and Member States shall, as far as possible and within the limits of proportionality and subsidiarity, with full respect for the sovereignty of Member States, ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.
2021/12/09
Committee: LIBE
Amendment 1007 #

2020/0279(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure the protection of their external borders against any and all foreign incursions, including illegal migration, hybrid attacks and asylum fraud.
2021/12/09
Committee: LIBE
Amendment 1011 #

2020/0279(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The Union and Member States, acting within their respective competencissisted by the Union and in full respect of the sovereignty of the Member States, shall be responsible for the implementation of the asylum and migration management policies.
2021/12/09
Committee: LIBE
Amendment 1015 #

2020/0279(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.prevent illegal migration, as well as to deter asylum fraud and the weaponisation of migration;
2021/12/09
Committee: LIBE
Amendment 1020 #

2020/0279(COD)

Proposal for a regulation
Article 5 – title
Principle of svolidarity and fair sharing of responsibiluntary solidarity
2021/12/09
Committee: LIBE
Amendment 1022 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
2021/12/09
Committee: LIBE
Amendment 1038 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protectionasylum procedures, grant such protection to those who are in need and ensure the effective and immediate return of those who are illegally staying;
2021/12/09
Committee: LIBE
Amendment 1045 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregularllegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries by making development aid conditional upon the effective implementation of readmission agreements, including as regards the prevention and fight against migrant smuggling, particularly by NGOs operating under the guise of "search and rescue";
2021/12/09
Committee: LIBE
Amendment 1054 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
(ba) remove any pull factors that attract more illegal migration to the Union or that create migratory pressure on another Member States ' external borders by adapting their domestic law as appropriate;
2021/12/09
Committee: LIBE
Amendment 1066 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) provide voluntary support to other Member States in the form of solidarityfinancial or other contributions on the basis of needs set out in Chapters I-III of Part IV;
2021/12/09
Committee: LIBE
Amendment 1089 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and preventing illegal migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.
2021/12/09
Committee: LIBE
Amendment 1095 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) the national strategies of the Member States referred to paragraph 3 of this Article;deleted
2021/12/09
Committee: LIBE
Amendment 1103 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies;nd other international agencies; in this regard the Member States shall consider setting up a migratory observatory as a permanent function within the OSCE in order to have a better understanding of illegal flows of third country nationals and hybrid warfare preparations that weaponise third country nationals through asylum fraud and other methods in relation to illegal migration.
2021/12/09
Committee: LIBE
Amendment 1117 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation], should also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1to protect their borders and for a robust response to illegal migration.
2021/12/09
Committee: LIBE
Amendment 1124 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.
2021/12/09
Committee: LIBE
Amendment 1130 #

2020/0279(COD)

Proposal for a regulation
Article 6 – paragraph 5
5. The Member States shall establish the national strategies by [one year after the entry into force of this Regulation] at the latest. The first European Asylum and Migration Management Strategy shall be adopted by [18 months after the entry into force of this Regulation] at the latest and the first Migration Management Report shall be issued by [one year after the entry into force of this Regulation] at the latest.deleted
2021/12/09
Committee: LIBE
Amendment 1160 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate the return of illegal staying third- country nationals, including withholding development aid and other forms of financial and non-financial assistance from a third country as long cooperation is lacking.
2021/12/09
Committee: LIBE
Amendment 1166 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country including withholding development aid or other forms of funding.
2021/12/09
Committee: LIBE
Amendment 1176 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Only a Member States shall is competent to decide and examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsibleand it shall be done in line with that particular Member State's laws and policies with no interference from the Commission, the European Parliament or any other EU institution.
2021/12/09
Committee: LIBE
Amendment 1182 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, tThe first Member State in which the application for international protection was registered shall be responsible for examining it.
2021/12/09
Committee: LIBE
Amendment 1191 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Where it is impossible for a Member State to transfer an applicant to the Member State primarily designated as responsible because there are substantial grounds for believing that there are systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State, resulting in a risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter of Fundamental Rights of the European Union, the determining Member State shall continue to examine the criteria set out in Chapter II of Part III in order to establish whether another Member State can be designated as responsible. Where a Member State cannot carry out the transfer pursuant to the first subparagraph to any Member State designated on the basis of the criteria set out in Chapter II of Part III or to the first Member State with which the application was registered, that Member State shall become the Member State responsible.deleted
2021/12/09
Committee: LIBE
Amendment 1214 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsiblemay return the applicant to the country of origin without delay.
2021/12/09
Committee: LIBE
Amendment 1221 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Each Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down inif he or she has entered the territory of any Member State illegally or by using force, as well as under Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
2021/12/09
Committee: LIBE
Amendment 1222 #

2020/0279(COD)

Proposal for a regulation
Article 8 – paragraph 5 a (new)
5a. Each Member State shall retain the right to deny entry and push back any potential applicant attempting to enter and to push back any applicant having entered its territory from a safe third country or by having traversed a safe third country;
2021/12/09
Committee: LIBE
Amendment 1227 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends, after legally entering the territory of a Member State of the Union, to make an application for international protectionasylum, the application shall be made and registered in the Member State of first entry.
2021/12/09
Committee: LIBE
Amendment 1231 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateEach Member State may determine ruless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member State that issued the residence permit or visataining to illegal migrants and/or asylum applicants as they see fit.
2021/12/09
Committee: LIBE
Amendment 1242 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidenceprocessing his or her application.
2021/12/09
Committee: LIBE
Amendment 1248 #

2020/0279(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. The applicant shall be required to be present in: (a) the Member State referred to in paragraphs 1 and 2 pending the determination of the Member State responsible and, where applicable, the implementation of the transfer procedure; (b) (c) the Member State of relocation following a transfer pursuant to Article 57(9).deleted the Member State responsible;
2021/12/09
Committee: LIBE
Amendment 1259 #

2020/0279(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation if he or she entered the territory of a Member State illegally or by using force, and pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
2021/12/09
Committee: LIBE
Amendment 1262 #

2020/0279(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. Any applicant, who has entered the territory of a Member State illegally, shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
2021/12/09
Committee: LIBE
Amendment 1329 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point k a (new)
(ka) where applicable, of an age assessment, including by established medical methods, of an applicant or a DNA-test to prove a family-link;
2021/12/09
Committee: LIBE
Amendment 1335 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. Where necessary for the applicant’s proper understanding, the information shall also be supplied orally, where appropriate in connection with the personal interview as referred to in Article 12.deleted
2021/12/09
Committee: LIBE
Amendment 1362 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State of first entry shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11.
2021/12/09
Committee: LIBE
Amendment 1366 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
(aa) the applicant fails to produce identification and there are reasonable grounds to believe that such failure has been caused by the applicant;
2021/12/09
Committee: LIBE
Amendment 1376 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The personal interview shall take place in a timmmediately manner and, in any event, before any take charge request is made pursuant to Article 29d close to where the applicant entered the territory of a Member State.
2021/12/09
Committee: LIBE
Amendment 1378 #

2020/0279(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minorschildren shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minorchild’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
2021/12/09
Committee: LIBE
Amendment 1395 #
2021/12/09
Committee: LIBE
Amendment 1396 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The best interests of the child shall be a primaryand minor shall be an important consideration for Member States with respect to all procedures provided for in this Regulation, as long as the minor did not engage in acts of violence towards other persons or property in the Member State(s). If such violent acts are committed, any special treatment due to age might be revoked at the discretion of the responsible Member State.
2021/12/09
Committee: LIBE
Amendment 1401 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. Where the unaccompanied child or minor does not have legitimate identification documentation proving his or her age, the Member State responsible can determine the individual's age through approved medical procedures.
2021/12/09
Committee: LIBE
Amendment 1402 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 1 b (new)
1b. Member States are encouraged to ensure the swift and appropriate safe placement of children while awaiting family reunification and the return to their home countries or placement in the region close to their home.
2021/12/09
Committee: LIBE
Amendment 1408 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minorchild is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.children
2021/12/09
Committee: LIBE
Amendment 1409 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minorchild. The first subparagraph shall apply to that person.
2021/12/09
Committee: LIBE
Amendment 1420 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. The representative of an unaccompanied minorchild shall be involved in the process of establishing the Member State responsible under this Regulation. The representative shall assist the unaccompanied minorchild to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose.
2021/12/09
Committee: LIBE
Amendment 1441 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point b
(b) the minorchild’s well-being and social development, taking into particular consideration the minorchild’s background;
2021/12/09
Committee: LIBE
Amendment 1450 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor or child being a victim of any form of violence and exploitation, including trafficking in human beings;
2021/12/09
Committee: LIBE
Amendment 1457 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point d
(d) the views of the minor or child, in accordance with his or her age and maturity;
2021/12/09
Committee: LIBE
Amendment 1462 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minorchild, the information provided by the representative in the Member State where the unaccompanied minorchild is present.
2021/12/09
Committee: LIBE
Amendment 1466 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. Before transferring an unaccompanied minor to the Member State responsible or, where applicable, to the Member State of relocation, the transferring Member State shall make sure that the Member State responsible or the Member State of relocation takes the measures referred to in Articles 14 and 23 of Directive XXX/XXX/EU [Reception Conditions Directive] and Article 22 of Regulation (EU) XXX/XXX [Asylum Procedure Regulation] without delay. Any decision to transfer an unaccompanied minor shall be preceded by an assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 4 and the conclusions of the assessment on these factors shall be clearly stated in the transfer decision. The assessment shall be done swiftly by staff with the qualifications and expertise to ensure that the best interests of the minor are taken into consideration.deleted
2021/12/09
Committee: LIBE
Amendment 1476 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 6 – introductory part
6. For the purpose of applying Article 15, the Member State where the unaccompanied minor or child’s application for international protection was registered shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor or child on the territory of Member States, whilst protecting the best interests of the child.
2021/12/09
Committee: LIBE
Amendment 1490 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor or child living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
2021/12/09
Committee: LIBE
Amendment 1496 #

2020/0279(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation obtaining when the application for international protection was first registered with a Member Stateshall be the Member State of first entry.
2021/12/09
Committee: LIBE
Amendment 1523 #

2020/0279(COD)

Proposal for a regulation
Article 15 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 68 concerning: (a) the identification of family members or relatives of unaccompanied minors; (b) existence of proven family links; (c) capacity of a relative to take care of an unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor are staying in more than one Member State. In exercising its powers to adopt delegated acts, the Commission shall not exceed the scope of the best interests of the child as provided for under Article 13(4).the criteria for establishing the the criteria for assessing the
2021/12/09
Committee: LIBE
Amendment 1532 #

2020/0279(COD)

Proposal for a regulation
Article 16
Family members who are beneficiaries of Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection in a Member State, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.Article 16 deleted international protection
2021/12/09
Committee: LIBE
Amendment 1539 #

2020/0279(COD)

Proposal for a regulation
Article 17
Family members who are applicants for Where the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned expressed their desire in writing.Article 17 deleted international protection
2021/12/09
Committee: LIBE
Amendment 1542 #

2020/0279(COD)

Proposal for a regulation
Article 18
Where several family members submit applications for international protection in the same Member State simultaneously, or on dates close enough for the procedures for determining the Member State responsible to be conducted together, and where the application of the criteria set out in this Regulation would lead to their being separated, the Member State responsible shall be determined as follows: (a) applications for international protection of all the family members shall lie with the Member State which the criteria indicate is responsible for taking charge of the largest number of them; (b) failing this, responsibility shall lie with the Member State which the criteria indicate is responsible for examining the application of the oldest of them.Article 18 deleted Family procedure responsibility for examining the
2021/12/09
Committee: LIBE
Amendment 1545 #

2020/0279(COD)

Proposal for a regulation
Article 19
Issue of residence documents or visas 1. Where the applicant is in possession of a valid residence document, the Member State which issued the document shall be responsible for examining the application for international protection. 2. possession of a valid visa, the Member State which issued the visa shall be responsible for examining the application for international protection, unless the visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009. In such a case, the represented Member State shall be responsible for examining the application for international protection. 3. possession of more than one valid residence document or visa issued by different Member States, the responsibility for examining the application for international protection shall be assumed by the Member States in the following order: (a) the Member State which issued the residence document conferring the right to the longest period of residency or, where the periods of validity are identical, the Member State which issued the residence document having the latest expiry date; (b) same type the Member State which issued the visa having the latest expiry date; (c) types, the Member State which issued the visa having the longest period of validity or, where the periods of validity are identical, the Member State which issued the visa having the latest expiry date. 4. possession of one or more residence documents or one or more visas which expired less than three years before the application was registered, paragraphs 1, 2 and 3 shall apply. 5. document or visa was issued oArticle 19 deleted Where the applicant is in Where the applicant is in where the various visas are of the where the visas are of different Where the applicant is in tThe basis of a false or assumed identity or on submission of forged, counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued it. However, the Member State issuing the residence document or visa shall not be responsible if it can establish that fraud was committed after the document or visa was issued.fact that the residence
2021/12/09
Committee: LIBE
Amendment 1555 #

2020/0279(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The fact that the residence document or visa was issued on the basis of a false or assumed identity or on submission of forged, counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued it. However, the Member State issuing the residence document or visa shall not be responsible if it can establish that fraud was committed after the document or visa was issued.deleted
2021/12/09
Committee: LIBE
Amendment 1557 #

2020/0279(COD)

Proposal for a regulation
Article 20
Diplomas or other qualifications 1. possession of a diploma or qualification issued by an education establishment established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection. 2. possession of more than one diploma or qualification issued by education establishments in different Member States, the responsibility for examining the application for international protection shall be assumed by the Member State which issued the diploma or qualification following the longest period of study or, where the periods of study are identical, by the Member State in which the most recent diploma or qualification was obtained.Article 20 deleted Where the applicant is in Where the applicant is in
2021/12/09
Committee: LIBE
Amendment 1574 #

2020/0279(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularllegally crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took placeapplicant can be returned to the third country in question or the applicant's country of origin. Member States are under no obligation to consider an application for asylum where the applicant illegally entered the Member State in question.
2021/12/09
Committee: LIBE
Amendment 1577 #

2020/0279(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. Paragraphs 1 and 2 shall not apply if it can be established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that the applicant was relocated pursuant to Article 57 of this Regulation to another Member State after having crossed the border. In that case, that other Member State shall be responsible for examining the application for international protection.deleted
2021/12/09
Committee: LIBE
Amendment 1584 #

2020/0279(COD)

Proposal for a regulation
Article 22
If a third-country national or a stateless person enters into the territory of the Member States through a Member State in which the need for him or her to have a vArticle 22 deleted Visa is waived, that Member State shall be responsible for examining his or her application for international protection. That responsibility shall cease if the application is registered more than three years after the date on which the person entered the territory. entry
2021/12/09
Committee: LIBE
Amendment 1654 #

2020/0279(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For the purposes of this Regulation, the situation of a minor or child who is accompanying the applicant and meets the definition of family member shall be indissociable from that of his or her family member and the minor or child shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same principle shall be applied to children born after the applicant arrives on the territory of the Member States, without the need to initiate a new procedure for taking charge of them.
2021/12/09
Committee: LIBE
Amendment 1673 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
1a. The process of determining the Member State responsible takes place, in case the applicant has crossed the border by land, in facilities close to the point of entry or close to the border, which are equipped to register and process applications without delay; in case the applicant has entered by land or by the sea the determination shall take place at the port or the airport;
2021/12/09
Committee: LIBE
Amendment 1682 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 4 – introductory part
4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registeredcan be returned to his or her country of origin. Freedom of movement within the EU does not apply to applicants for asylum.
2021/12/09
Committee: LIBE
Amendment 1684 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
That obligation shall cease where the Member State determining the Member State responsible can establish that the applicant has obtained a residence document from another Member State.deleted
2021/12/09
Committee: LIBE
Amendment 1686 #

2020/0279(COD)

Proposal for a regulation
Article 28 – paragraph 5
5. An applicant who is present in a Member State without a residence document or who there makes an application for international protection after another Member State has confirmed to relocate the person concerned pursuant to Article 57(7), and before the transfer has been carried out to that Member State pursuant to Article 57(9), shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State of relocation.deleted
2021/12/09
Committee: LIBE
Amendment 1688 #

2020/0279(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. If, after having established the identity of the applicant, a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.
2021/12/09
Committee: LIBE
Amendment 1708 #

2020/0279(COD)

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minorchild, the determining Member State may, where it considers that it is in the best interest of the minorchild, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
2021/12/09
Committee: LIBE
Amendment 1713 #

2020/0279(COD)

Proposal for a regulation
Article 29 – paragraph 3 – introductory part
3. In the cases referred to in paragraphs 1 and 2, the take charge request by another Member State shall be made using a standard form and including documents confirming the identity of the applicant as well as proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the applicant’s statement, enabling the authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in this Regulation.
2021/12/09
Committee: LIBE
Amendment 1855 #

2020/0279(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. Member States other than the Member State of first entry shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation.
2021/12/09
Committee: LIBE
Amendment 1867 #

2020/0279(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. Where there is a risk of absconding, or when an applicant fails to produce documents proving his or her identity, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
2021/12/09
Committee: LIBE
Amendment 1957 #

2020/0279(COD)

Proposal for a regulation
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors, children and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
2021/12/09
Committee: LIBE
Amendment 1975 #

2020/0279(COD)

Proposal for a regulation
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
2021/12/09
Committee: LIBE
Amendment 2018 #

2020/0279(COD)

Proposal for a regulation
Article 45 – paragraph 1 – introductory part
1. Solidarity cContributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shallmay consist of the following types:
2021/12/09
Committee: LIBE
Amendment 2035 #

2020/0279(COD)

Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
(ba) assistance to protect the external border of the Union;
2021/12/09
Committee: LIBE
Amendment 2083 #

2020/0279(COD)

Proposal for a regulation
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
2021/12/09
Committee: LIBE
Amendment 2119 #

2020/0279(COD)

Proposal for a regulation
Article 47 – paragraph 4
4. Within one month of the adoption of the Migration Management Report, Member States shall notify the Commission of the contributions they intend to make, by completing the SAR Solidarity Response Plan set out in Annex I. Member States shall indicate whether they intend to provide contributions in the form of: (a) Article 45(1), point (a); or (b) Article 45(1), point (d) identified in the Migration Management Report; or (c) Article 45(1), point (a) of vulnerable persons pursuant to Article 49(4).deleted relocation in accordance with measures in accordance with relocation in accordance with
2021/12/09
Committee: LIBE
Amendment 2123 #

2020/0279(COD)

Proposal for a regulation
Article 47 – paragraph 4 – point a
(a) relocation in accordance with Article 45(1), point (a); ordeleted
2021/12/09
Committee: LIBE
Amendment 2125 #

2020/0279(COD)

Proposal for a regulation
Article 47 – paragraph 4 – point b
(b) measures in accordance with Article 45(1), point (d) identified in the Migration Management Report; ordeleted
2021/12/09
Committee: LIBE
Amendment 2128 #

2020/0279(COD)

Proposal for a regulation
Article 47 – paragraph 4 – point c
(c) relocation in accordance with Article 45(1), point (a) of vulnerable persons pursuant to Article 49(4).deleted
2021/12/09
Committee: LIBE
Amendment 2133 #

2020/0279(COD)

Proposal for a regulation
Article 47 – paragraph 5
5. Where the Commission considers that the solidarity contributions indicated by all the Member States pursuant to paragraph 4 fall significantly short of the total solidarity contributions set out in the Migration Management Report, the Commission shall convene the Solidarity Forum. The Commission shall invite Member States to adjust the number and, where relevant, the type of contributions. Member States that adjust their contributions shall submit revised SAR Solidarity Response Plans in the course of the Solidarity Forum.deleted
2021/12/09
Committee: LIBE
Amendment 2252 #

2020/0279(COD)

Proposal for a regulation
Article 50 – paragraph 3 – point k
(k) the number of unaccompanied minors and children.
2021/12/09
Committee: LIBE
Amendment 2313 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shallcan contribute by means of the svolidarituntary contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors.
2021/12/09
Committee: LIBE
Amendment 2316 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. Where the report referred to in Article 51 identifies measures referred to in paragraph 3, point (b)(iii) of that Article, other Member States may contribute by means of those measures instead of measures referred to in Article 51(3)(b)(ii). Such measures shall not lead to a short fall of more than 30% of the total contributions identified in the report on migratory pressure under Article 51(3)(b)(ii).deleted
2021/12/09
Committee: LIBE
Amendment 2323 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 3
3. Within two weeks from the adoption of the report referred to in Article 51, Member States shall submit to the Commission a Solidarity Response Plan by completing the form in Annex II. The Solidarity Response Plan shall indicate the type of contributions from among those set out in Article 51(3)(b)(ii) or, where relevant, the measures set out in Article 51(3)(b)(iii) that Member States propose to take. Where Member States propose more than one type of contribution set out in Article 51(3)(b)(ii), they shall indicate the share of each. Where the Solidarity Response Plan includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor. Where Member States indicate measures set out in Article 51(3)(b)(iii) in the Solidarity Response Plan they shall also indicate the detailed arrangements and the time-frame for their implementation.deleted
2021/12/09
Committee: LIBE
Amendment 2337 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 4
4. Where the Commission considers that the solidarity contributions indicated in the Solidarity Response Plans do not correspond to the needs identified in the report on migratory pressure provided for in Article 51, it shall convene the Solidarity Forum. In such cases, the Commission shall invite Member States to adjust the type of contributions in their Solidarity Response Plans in the course of the Solidarity Forum by submitting revised Solidarity Response Plans.deleted
2021/12/09
Committee: LIBE
Amendment 2342 #

2020/0279(COD)

Proposal for a regulation
Article 52 – paragraph 5
5. A Member State proposing solidarity contributions set out in Article 51(3)(b)(ii), may request a deduction of 10% of its share calculated according to the distribution key set out in Article 54 where it indicates in the Solidarity Response Plans that over the preceding five years it has examined twice the Union average per capita of applications for international protection.deleted
2021/12/09
Committee: LIBE
Amendment 2375 #

2020/0279(COD)

Proposal for a regulation
Article 54
The share of solidarity contributions referred to in Article 45(1), points (a), (b) and (c) to be provided by each Member State in accordance with Articles 48 and 53 shall be calculated in accordance with the formula set out in Annex III and shall be basedArticle 54 deleted Distribution key the size onf the following criteria for each Member State, according to the latest available Eurostat data: (a)population (50% the total GDP (50% weighting); (b).
2021/12/09
Committee: LIBE
Amendment 2417 #

2020/0279(COD)

Proposal for a regulation
Article 55 – paragraph 4 – point a
(a) providing counselling on return and reintegration to illegally staying third-country nationals;deleted
2021/12/10
Committee: LIBE
Amendment 2439 #

2020/0279(COD)

Proposal for a regulation
Article 56 – paragraph 3
3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.
2021/12/10
Committee: LIBE
Amendment 2461 #

2020/0279(COD)

Proposal for a regulation
Article 57 – paragraph 3 – introductory part
3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing.
2021/12/10
Committee: LIBE
Amendment 2565 #

2020/0279(COD)

Proposal for a regulation
Article 71
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Amendments to the Long Term Residence 1. as follows: Article 4 is amended as follows: (a) paragraph is added: ‘With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years.rticle 71 deleted Directive Directive 2003/109/EC is amended in paragraph 1, the following sub- (This amendment applies throughout the text.)
2021/12/10
Committee: LIBE
Amendment 2 #

2019/2191(INI)

Motion for a resolution
Recital A
A. whereas the European Rail Traffic Management System (ERTMS) is the European standard for the Automatic Train Protection (ATP) that allows an interoperable railway system in Europe, but it has not yet been deployed on a scale anything like sufficient to generate benefits for the transport sector as a whole;
2021/03/29
Committee: TRAN
Amendment 22 #

2019/2191(INI)

Motion for a resolution
Paragraph 1
1. Underlines that rail is currently one of the most sustainable and energy- efficient modes of transport, and that rail is not yet achieving its full potential, in spite of the positive developments in the sector, such as the constant increase in rail passenger volumes and rail freight volumes, even if these have been uneven over the past few years ;
2021/03/29
Committee: TRAN
Amendment 25 #

2019/2191(INI)

Motion for a resolution
Paragraph 2
2. Points out that the European Green DealU policies calls for a major modal shift to rail and that the new Sustainable and Smart Mobility Strategy sets the milestones of doubling high-speed rail traffic by 2030 and rail freight traffic by 2050; points out, in that connection, that objectives must be realistic if they are to be achieved in such a way as to generate mobility benefits for EU citizens;
2021/03/29
Committee: TRAN
Amendment 39 #

2019/2191(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the Commission’s work to establish a Control Command and Signalling (CCS) architecture framework to ensure that rail fully embraces digitalisation that builds the ERTMS; emphasises that safety must be the primary concern whenever new measures are considered and at every deployment stage;
2021/03/29
Committee: TRAN
Amendment 44 #

2019/2191(INI)

Motion for a resolution
Paragraph 5
5. WelcomesIs aware of the new tasks entrusted to the Agency under the Fourth Railway Package, and recognises the prominent role of the Agency as a one stop shop which ensures consistency in the development of the interoperable ERTMS, that ERTMS deployment complies with the specifications in force, and that ERTMS- related European research and innovation programmes are coordinated with the development of ERTMS technical specifications;
2021/03/29
Committee: TRAN
Amendment 52 #

2019/2191(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls for funding for the Agency to be increased only if its work actually leads to the operational deployment of the ERTMS throughout the EU;
2021/03/29
Committee: TRAN
Amendment 56 #

2019/2191(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls for the ERTMS Coordinator to keep the competent EU Committee on Transport informed about the state of play and planned measures;
2021/03/29
Committee: TRAN
Amendment 60 #

2019/2191(INI)

Motion for a resolution
Paragraph 8
8. Underlines that an approach to ERTMS deployment coordinated between all Member States and led by the ERTMS Coordinator is the onlyone way forward to overcome the current patchwork situation; calls, in that connection, for the deployment of ERTMS to take account of specific challenges and circumstances in individual Member States and for the latter to be given a real say in the deployment process;
2021/03/29
Committee: TRAN
Amendment 69 #

2019/2191(INI)

Motion for a resolution
Paragraph 9
9. Believes there is a need for a regulatory framework for the digitalisation of the rail system, and welcomes the contribution of Shift2Rail Joint Undertaking (S2R JU); strongly supports its new successor initiative, the system pillar, which coordinates the evolution of the system, new technology developments, migration plans, industrialisation and deployment, especially for the ERTMS, with a view to contributing to more efficient collaboration and better use of scarce resources; calls for the Member States not to have deployment decisions imposed on them;
2021/03/29
Committee: TRAN
Amendment 79 #

2019/2191(INI)

Motion for a resolution
Paragraph 11
11. Believes that a ten-fold increase in the deployment pace of ERTMS is urgently needed to achieve the digital transition of the European railway system, and for the ERTMS to be rolled out on the core network by 2030 and on the comprehensive network by 2040; calls on the Commission, in this regard, to maintain and reinforce the binding nature of the targets in its revisions of the Trans- European Network Transport Programme (TEN-T) guidelines, the ERTMS European Deployment Plans (EDPs) and the CCS Technical Specifications for Interoperability (TSIs) and to make sufficient funding available for deployment;
2021/03/29
Committee: TRAN
Amendment 100 #

2019/2191(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission, moreover, to introduce a regulatory provision to ensure that the ERTMS NIPs are legally aligned with the binding ERTMS deployment targets set in EU legislation;deleted
2021/03/29
Committee: TRAN
Amendment 126 #

2019/2191(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to present a legislative proposal for an ERTMS industrial strategy in the framework of the New Industrial Strategy for Europe,ut forward an ERTMS industrial strategy addressing insufficient industrial capacity, the lack of sufficient workshops for retrofitting and of a stable and predictable budget, and the shortage of qualified staff;
2021/03/29
Committee: TRAN
Amendment 129 #

2019/2191(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission and Member States to boost, in the framework of the Green Deal, dual vocational dual vocational training and further training for new jobs created by digitalisation and innovation in the field of the new challenges generated by ERTMS deployment and to give all generations the chance to enter the labour market;
2021/03/29
Committee: TRAN
Amendment 130 #

2019/2191(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission and Member States to boost, in the framework of the Green Deal, dual vocational training for new jobs created by digitalisation and innovation in the field of the new challenges generated by ERTMS deployment;
2021/03/29
Committee: TRAN
Amendment 149 #

2019/2191(INI)

Motion for a resolution
Paragraph 24
24. Recalls that EU funds are not sufficient to cover all the expected needs. and therefore calls on the Commission and Member States to cooperate closely to further improve the attractiveness of investing in the ERTMS, and to guarantee legal certainty for private investors; points out, in that connection, that without proper incentives no investments will be made;
2021/03/29
Committee: TRAN
Amendment 151 #

2019/2191(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Points out that inadequate EU funding will lead to disparities in payments and deployment periods;
2021/03/29
Committee: TRAN
Amendment 236 #

2017/0291(COD)

Proposal for a directive
ANNEX 1
Directive 2009/33/EC
Annex – Table 3
Table 3: Alternativdmissible fuel requirements for heavy-duty vehicles Vehicle categories Alternativdmissible fuels M3, N2, N3 vehicles Electricity*, hydrogen, natural gasfossil fuels** such as: natural gas, including biomethane, in gaseous form gaseous form (compressed natural gas (CNG)) and (CNG)) and liquefied form (liquefied natural gas (LNG) natural gas (LNG)), and other innovative technologies *For use in a vehicle as defined in Article 2(2), paragraph 2 of Directive 2014/94/EU, provided that electricity is used for a relevant part of the operational use of the vehicle. ** insofar as fossil fuels are used for Euro 6 or Euro VI vehicles or those in a more pollutant category. Or. de JustificationBis entsprechende CO2-Emissionsnormen für schwere Nutzfahrzeuge auf Unionsebene in Kraft getreten sind, sollen Fahrzeuge der Schadstoffklasse EURO VI von der Definition ‚zulässige Kraftstoffe‘ abgedeckt werden. Begründet ist dies dadurch, dass Fahrzeuge der Schadstoffklasse EURO VI bessere Emissionswerte, als mit Erdgas betriebe Fahrzeuge, aufweisen. Die Aufnahme neuer innovativer Technologien ist sinnvoll, da man sich ansonsten künftigen Innovationen verschließt. Darüber hinaus ist die Beschränkung auf gewisse Technologien nicht mit dem Grundsatz der EU-Kommission der "Technologieneutralität" vereinbar.
2018/06/22
Committee: TRAN