251 Amendments of Kathalijne Maria BUITENWEG
Amendment 14 #
2008/2234(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to produce a list of the obstacles facing EU citizens wishing to make full and unhindered use of the free movement of persons and other established advantages for EU citizens, and asks the Commission to incorporate the results in a scoreboard so as to ensure that such obstacles are dealt with thoroughly and effectively;
Amendment 16 #
2008/2160(INI)
Proposal for a recommendation
Recital G a (new)
Recital G a (new)
Ga. whereas identity theft and fraud are an increasing problem that the authorities, individual citizens and companies are only beginning to recognize, leaving major security concerns in relation to the intensified use of the Internet for a wide range of purposes, including commerce and the exchange of confidential information,
Amendment 73 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point q a (new)
Paragraph 1 - point q a (new)
qa) call on Member States and the Commission to thoroughly study the problems of identity theft and fraud in cooperation with both Internet providers and user organisations, as well as the police authorities dealing with IT-related crime, and put forward a proposal on how to create awareness campaigns and prevent such crime, while at the same time ensuring that the use of the Internet is safe and free for all;
Amendment 32 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 4
Paragraph 4
4. Calls for the establishment of permanent andcontinuation of operational joint surveillance patrols all year round in all high-risk areas, particularly at the sea borders;.
Amendment 50 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for the mandate of FRONTEX to explicitly include an obligation to meet international human rights standards and a duty towards asylum seekers in rescue operations at high sea, and for cooperation with the UNHCR and other relevant NGOs to be formalised within the mandate.
Amendment 56 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 11 a (new)
Paragraph 11 a (new)
10a. Calls for training of staff regarding the various gender dimensions of the work of the FRONTEX Agency.
Amendment 77 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 20
Paragraph 20
20. Calls for the strengthening of the democratic control of the FRONTEX Agency by the European Parliament, and calls on the Agency to inform the European Parliament on agreements signed with third countries and to publish evaluation reports on joint operations;
Amendment 26 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) The Commission is invited to draw up a Green Paper on the establishment of the European Public Prosecutor.
Amendment 27 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 5 b (new)
Recital 5 b (new)
(5b) If several Member States offer the possibility of an adequate and effective prosecution, the legal system of that Member State which offers the best legal protection to suspects and victims should be responsible for the prosecution.
Amendment 28 #
2008/0804(CNS)
Proposal for a decision – amending act
Recital 5 c (new)
Recital 5 c (new)
(5c) The Commission should initiate a procedure for the establishment of a body of European criminal lawyers which could be known as 'Eurorights' and should function as an ombudsman, with the aim of investigating the problems encountered by the defence in the context of European police and judicial cooperation and of putting forward suggestions to resolve those problems.
Amendment 39 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 8
Article 1 – point 8
Decision 2002/187/JHA
Article 9a – paragraph 2 – point c
Article 9a – paragraph 2 – point c
Amendment 40 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 8
Article 1 – point 8
Decision 2002/187/JHA
Article 9a – paragraph 3
Article 9a – paragraph 3
Amendment 42 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 11
Article 1 – point 11
Decision 2002/187/JHA
Article 13 – paragraph 6 – point a
Article 13 – paragraph 6 – point a
(a) large-scale trafficking in drugs;
Amendment 42 #
2008/0803(CNS)
Proposal for a decision – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) The framework decision on procedural rights in criminal proceedings (still pending in the Council) is a prerequisite for the good functioning of this framework decision; the adoption of the framework decision on procedural rights is a matter of urgency for the implementation of the area of freedom, security and justice.
Amendment 51 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point a
Article 4a – point a
(a) was directly summoned in person or informed in accordance with the national law of the issuing Member State through a competent representative effectively received the information by other meands in due time, of about the scheduled date and place of the hearingtrial which led to the decision rendered in absentia and informed about the fact that such a decision may be handed down in case the person does not appear for the trial; or
Amendment 52 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 2
Article 2 – point 2
Framework Decision 2002/584/JHA
Article 4a – point a a (new)
Article 4a – point a a (new)
(aa) being aware of the scheduled trial, had given a mandate to a legal counsellor who was chosen, appointed and paid by the person concerned or who was paid by the State, and was represented by that counsellor during the trial; or
Amendment 56 #
2008/0803(CNS)
Proposal for a decision – amending act
Article 2 – point 4
Article 2 – point 4
Framework Decision 2002/584/JHA
Annex – box d – point 2.3.2 – indent 1
Annex – box d – point 2.3.2 – indent 1
– the person will be personally served with the decision rendered in absentia within ... days after the surrender; and
Amendment 1 #
2008/0140(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the fundamental principles recognised in particular by the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 9 on freedom of thought, conscience and religion and Article 10 on the freedom of expression, and also by the Charter of Fundamental Rights of the European Union. Article 10 of the Charter recognises the right to freedom of thought, conscience and religion; Article 20 provides that everyone is equal before the law; Article 21 prohibits discrimination, including on grounds of religion or belief, disability, age or sexual orientation; Article 24 gives specific rights to children; and Article 26 acknowledges the right of persons with disabilities to benefit from measures designed to ensure their independence.
Amendment 2 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 3 #
2008/0140(CNS)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Effective non-discriminatory access can be provided by a variety of means, including through “design for all” and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access, such as recognised guide dogs and other assistance dogs.
Amendment 4 #
2008/0140(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientationThis Directive also covers multiple discrimination. As discrimination can occur on two or more of the grounds listed in Articles 12 and 13 of the EC Treaty, in implementing the principle of equal treatment, the Community should, in accordance with Articles 3(2) and 13 of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since womerelating to sex, race or ethnic origin, disability, sexual orientation, religion or belief, or age or a combination of these, and to promote equality, whatever combination of the abovementioned characteristics a person may have. Effective legal procedures must be available to deal with situations of multiple discrimination. In pare often the victimticular national legal procedures shall ensure that a complainant can raise all aspects of a multiple -discrimination. claim in a single procedure.
Amendment 5 #
2008/0140(CNS)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Differences in treatment related to age and disability may be permitted if they are objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Such differences of treatment may include, for example, special age conditions regarding access to certain goods or services such as alcoholic drinks, arms, or driving licences. The promotion of the economic, cultural or social integration of young or older persons or persons with disabilities may also be regarded as a legitimate aim. Therefore measures relating to age and disability which set more favourable conditions than are available to others, such as free or reduced tariffs for the use of public transport, museums, or sport facilities, are presumed to be compatible with the principle of non-discrimination.
Amendment 6 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be key factors for the assessment of risky are shown to be determining factors for the assessment of risk, and where the service provider can demonstrate significantly higher risks, by actuarial principles, statistical data or medical knowledge upon which it is reasonable to rely. These data should be accurate, recent and relevant and made available upon request. The actuarial and risk factors should reflect the positive changes in life expectancy and active ageing as well as increased mobility and accessibility for people with disabilities.
Amendment 7 #
2008/0140(CNS)
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactionsIt is important, in the context of the access to and provision of goods and services, to respect the protection of private and family life and transactions carried out in this context. Transactions between private individuals acting in a private capacity are therefore not covered by this Directive, where they do not constitute theira professional or commercial activity by the contractors.
Amendment 8 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that contextfreedom of religion, the freedom of association, the freedom of religexpression, and the freedom of associationthe press. This Directive is without prejudice to national laws on marital or family status, including on reprothe secular nature of the State, state institutions or bodies, or educative rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or educationon. This Directive does not alter the division of competences between the European Union and its Member States, including in the area of marital and family law and health law.
Amendment 9 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. They should ensure effective protection against discrimination on the ground of religion or belief, disability, age or sexual orientation. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provideMember States may allow for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organisation’s ethos, provided that this does not justify discrimination on any other ground and that other educational institutions are geographically accessible and form a reasonable alternative, in order to prevent indirect discrimination.
Amendment 10 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 11 #
2008/0140(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 12 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. For the purposes of paragraph 1: (a) direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on anyone or more of the grounds referred to in Article 1; (. b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation, or persons who are or who are assumed to be associated with such persons, at a particular disadvantage compared with other persons, unless that provision, criterion or practicse is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 13 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. HNotwithstanding the freedom of speech, harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.
Amendment 14 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. Denial of reasonable accommodation in a particular case as provided for by Article 4 (1)(b) of the present Directive as regards persons with disabilities or persons who associate with a person with a disability, where the accommodation is needed to enable such persons to provide personal assistance to a person with a disability, shall be deemed to be discrimination within the meaning of paragraph 1.
Amendment 15 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide thatThis Directive does not preclude differences ofin treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or servicesif they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate, proportionate, necessary and effective.
Amendment 16 #
2008/0140(CNS)
Proposal for a directive
Article 2 − paragraph 7
Article 2 − paragraph 7
7. Notwithstanding paragraph 2, in the provision of insurance, banking and other financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a keydetermining factor in the assessment of risk based on relevant and accurate actuarial or statistical dataactuarial principles, statistical data, or medical knowledge. These data should be accurate, recent, and relevant and made available upon request, in an accessible way. The actuarial and risk factors should reflect the positive changes in life expectancy and active ageing as well as increased mobility and accessibility for people with disabilities. The service provider must be able to objectively demonstrate significantly higher risks and ensure that the difference in treatment is objectively and reasonably justified by a legitimate aim and the means of achieving that aim are proportionate, necessary and effective. The Member States concerned shall ensure that any data relied on in the assessment of risk are recently compiled and relevant, regularly updated and published. The Member States concerned shall review their decision five years after transposition of this Directive.
Amendment 17 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 8
Article 2 – paragraph 8
8. This Directive shall be without prejudice to general measures laid down in national law which, in a democratic society, are necessary and proportionate for public security, for the maintenance of public order and the prevention of criminal offences, for the protection of health and the protection of the rights and freedoms of others.
Amendment 18 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 19 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudice to national laws on marital or family status and reproductive rightdoes not alter the division of competences between the European Union and its Member States.
Amendment 20 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their national educational systems, including the provision of special needs education, while realising the rights of persons with disabilities to education without discrimination and on the basis of equal opportunities. Member States may provideallow for differences inof treatment in access to educational institutions based on religion or belief, when to require individuals, on the basis of objective justifications, to act with loyalty to the ethos of the institution. This difference of treatment shall be implemented taking account of Member States' constitutional provisions and principles, as well as the general principles of Community law, and should not justify discrimination on another ground.
Amendment 21 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive is without prejudice to national legislationaw ensuring the secular nature of the State, State institutions or bodies, or education, or concerning the status and, activities and legal framework of churches and other organisations based on religion or belief where this falls outside the competence of the EU. Where the activities of churches or other organisations based on religion and belief fall within EU competence, they will be subject to the EU’s non discrimination provisions. It is equally without prejudice to national legislation promotensuring equality between menales and womenfemales.
Amendment 22 #
2008/0140(CNS)
Proposal for a directive
Article 4 – title
Article 4 – title
Equal treatment of persons withn grounds of disabilities
Amendment 23 #
2008/0140(CNS)
Proposal for a directive
Article 4 − paragraph 1 − introductory part
Article 4 − paragraph 1 − introductory part
1. In order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities, whereby "disability" is to be understood in light of the UN Convention on the Rights of Persons with Disabilities and persons with chronic diseases:
Amendment 24 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticip, telecommunication and electronic communications, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, eduformation including information provided in accessible formats, financial services, culture and leisure, buildings open to the public, modes of transport and other public spaces and facilities, shall be provided by anticipation, including through appropriate modification,s or goods and services in question or require the provision of alternatives theretoadjustments. Where discrimination arises from practice, policy or procedure, measures need to be taken so that it no longer has that effect.
Amendment 25 #
2008/0140(CNS)
Proposal for a directive
Article 4 - paragraph 1 - point b
Article 4 - paragraph 1 - point b
b) Notwithstanding the obligation to ensure effective non-discriminatory access and where needed in a particular case, reasonable accommodation shall be provided unless this would impose a disproportionate burden. For the purposes of paragraph 1, effective non-discriminatory access involves the identification and elimination of obstacles and barriers and the prevention of new obstacles and barriers that hamper the access of persons with disabilities to goods, services and facilities available to the general public, irrespective of the nature of the obstacle, barrier or disability. Subject to the provisions of this Directive, and regardless of the measures chosen to remove the obstacles or barriers, effective non-discriminatory access for persons with disabilities must be provided under the same terms and conditions as for persons without disabilities wherever possible, and the use of assistive devices by persons with disabilities facilitated, including aids to mobility and access, such as recognised guide dogs and other assistance dogs wherever necessary. Where effective non-discriminatory access cannot be, despite all efforts, provided under the same terms and conditions, and subject to the provisions of this Directive, reasonable accommodation or adjustments must be provided. For the purposes of this provision, “reasonable accommodation” means alternative measures needed in a particular case to enable a person with a disability to have access to and/or enjoy or exercise on an equal basis with others rights that fall within the scope of this Directive as defined in Article 3, paragraph 1.
Amendment 26 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shallould be taken, in particular, of the size and of whether the measure in question is unfeasible or unsafe and could not be made feasible and safe by a reasournable modification of rules, policies or practices ofr the orgaremoval of architectural, communiscation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities or transport barriers or the provision of auxiliary aids or services. An alteration is fundamental if it alters the goods and services or the nature of the trade, profession or business, to such an extent that the provider of the goods or services is effectively providing a completely different kind of goods or services. Reasonable accommodation would not necessarily require significant structural changes to buildings whose structure is protected specifically under national law on account of their historical, cultural or architectural value. The burden shall not be deemed disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned. Member State concerned. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on the Rights of Persons with Disabilities.
Amendment 27 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to comply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of Paragraph 1(a), Member States may, if necessary, have an additional period of 10 years from the deadline for transposition to comply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive compliance with the requirements found in Paragraph 1(a), including targets, means and timeline. Any Member State which chooses to use this additional period shall report bi- annually to the Commission on the steps taken to provide effective non- discriminatory access and on the progress towards implementation of paragraph 4(1)(a). The Commission shall report bi- annually to the Council.
Amendment 65 #
2008/0140(CNS)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Effective non-discriminatory access can be provided by a variety of means, including through "design for all" and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access.
Amendment 150 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place in a closed environment with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. This shall not be withstanding the right to freedom of expression.
Amendment 186 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 8 a (new)
Article 2 – paragraph 8 a (new)
8a. Multiple discrimination occurs, where within the scope of this Directive, a person is discriminated against on a combination of two or more of the grounds set out in this Directive. Multiple discrimination also occurs, where within the scope of this Directive, a person is discriminated against on a combination of one or more of the grounds set out in this Directive, and, to the extent that such discrimination is also within their scope, on one or more of the grounds contained in one or more of the following Directives: a. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, b. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, c. Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, d. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). Member States shall ensure that the means of enforcement of obligations under this Directive are available to all persons who consider themselves to be victims of discrimination on multiple grounds. Member States shall provide that where multiple grounds are established, a claim can only be defeated by reason of a justification or other defence which is applicable to all of those grounds on which the claim is made. However if only one ground is established then the claim may be defeated by any justification or defence relevant to that ground.
Amendment 313 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The Member States shall provide this or these bodies with sufficient resources to carry out its tasks in an effective and easily accessible manner.
Amendment 3 #
2008/0041(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 7 – paragraph 3 – point a a
Article 7 – paragraph 3 – point a a
(aa) if the third country national holds a visa referred to in Article 5(1)(b), the thorough checks on entry shall also comprise verification of the identity of the holder of the visa and of the authenticity of the visa, by consulting; if necessary, such verification may include consultation of the Visa Information System (VIS) in accordance with Article 18 of Regulation (EC) No xx/2008 of the European Parliament and of the Council. The need to consult the VIS shall be assessed without there being any discrimination in accordance with Article 6(2);
Amendment 163 #
2008/0028(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) With a view to provide consumers with food information that is necessary to make an informed choice, alcoholic mixed beverages should also provide information on their ingredients.
Amendment 166 #
2008/0028(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 173 #
2008/0028(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The indication of the country of origin or of the place of provenance of a food should be provided for foods consisting of a single ingredient and for the significant ingredient and the characterising ingredient(s) in multi-ingredient food products; also whenever its absence is likely to mislead consumers as to the true country of origin or place of provenance of that product. In other cases, the provision of the indication of country of origin or place of provenance is left to the appreciation of food business operators. In all cases, the indication of country of origin or place of provenance should be provided in a manner which does not deceive the consumer and on the basis of clearly defined criteria which ensure a level playing field for the industry and improve consumers’ understanding of the information related to the country of origin or place of provenance of a food. Such criteria should not apply to indications related to the name or address of the food business operator.
Amendment 175 #
2008/0028(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The European Community’s non- preferential rules of origin are laid down in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code. Determination of the country of origin of foods will be based on these rules, which are well known to trade operators and administrations and should ease its implementation. For meat and foods containing meat, more differentiated rules shall apply, taking into account the places of birth, rearing, and slaughter.
Amendment 179 #
2008/0028(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In general, consumers are not aware of the potential contribution of alcoholic beverages to their overall diet. Therefore, it is appropriate to ensure that information on the nutrient content of in particular mixed alcoholic beverages is provided.
Amendment 241 #
2008/0028(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of this Regulation the country of origin of a food shall refer to the origin of a food as determined in accordance with Articles 23 to 26 of Council Regulation (EEC) No 2913/92. For meat and foods containing meat, the origin of the foodstuff or the respective ingredient shall be defined as the country in which the animal was born, reared for most of its life, and slaughtered. If different, all three places have to be given when reference is made to the ‘country of origin’.
Amendment 257 #
2008/0028(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) by exhibiting pictures suggesting that the food is made of certain ingredients when it is not;
Amendment 258 #
2008/0028(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c b (new)
Article 7 – paragraph 1 – point c b (new)
(cb) by suggesting that the flavour of the food comes from natural ingredients when it essentially comes from flavourings.
Amendment 270 #
2008/0028(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Food business operators within the business under their control shall ensure that information relating to non-prepacked food shall be transmitted to the operator receiving the food in order to enable, where appropriate, the provision of the mandatory food information specified in Article 9(1) points (a) to (c) and (f) to the final consumer.
Amendment 284 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point i
Article 9 – paragraph 1 – point i
(i) the country of origin or place of provenance of foods consisting of a single ingredient and of the significant ingredient and the characterising ingredient(s) in multi-ingredient food products; the country of origin or place of provenance where failure to indicate this might mislead the consumer to a material degree as to the true country of origin or place of provenance of the food, in particular if the information accompanying the food or the label as a whole would otherwise imply that the food has a different country of origin or place of provenance; in such cases the indication shall be in accordance with the rules laid down in Article 35(3) and (4) and those established in accordance with Article 35(5);
Amendment 296 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point l a (new)
Article 9 – paragraph 1 – point l a (new)
(la) the extent to which (expressed in %) the food business operator whose name is indicated on the label guarantees the absence of the following practices in the supply chain of the food: (1) child labour, as defined in Article 2 of ILO covenant 138; (2) forced labour, as defined in Article 2 of ILO covenant 29; (3) discrimination, as defined in Article 1 of ILO covenant 111; (4) violation of the freedom of association, as defined in Article 2 of ILO covenant 87.
Amendment 302 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The particulars referred to in paragraph 1 shall be indicated with words and numbers unless the consumers are informed, as regards one or more particulars, by other forms of expression established by implementing measures adopted by the Commission. Those measures designed to amend non- essential elements of this Regulation by supplementing it, shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3)or numbers.
Amendment 303 #
2008/0028(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 318 #
2008/0028(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 322 #
2008/0028(COD)
Proposal for a regulation
Article 13 - paragraph 3
Article 13 - paragraph 3
Amendment 372 #
2008/0028(COD)
Proposal for a regulation
Article 15 - point (b)
Article 15 - point (b)
(b) the particulars provided in Article 9(1) points (d), (f), (g), (h) and (k (f) shall be mandatory only at the moment of delivery.
Amendment 377 #
2008/0028(COD)
Proposal for a regulation
Article 17 - paragraph 1
Article 17 - paragraph 1
Amendment 390 #
2008/0028(COD)
Proposal for a regulation
Article 17 - paragraph 2
Article 17 - paragraph 2
2. In the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in Article 9(1) (a), (b), (c), (e) and (f) shall be mandatory on the package or on the label. The particulars referred to in Article 9(1)(b) shall be provided through other means or shall be available at the request of the consumer.
Amendment 391 #
2008/0028(COD)
Proposal for a regulation
Article 17 - paragraph 2
Article 17 - paragraph 2
2. In the case of packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in Article 9(1) (a), (c), (e) and (f) shall be mandatory on the package or on the label. The particulars referred to in Article 9(1)(b) shall be provided through other means orHowever, the provision of all particulars according to Article 9(1) via the Internet shall be mandatory and the information shall be available at the request of the consumerpoint of purchase.
Amendment 393 #
2008/0028(COD)
Proposal for a regulation
Article 17 - paragraph 2 a (new)
Article 17 - paragraph 2 a (new)
2a. In the case of food in packaging or containers the largest surface of which has an area of less than 25 cm2, the nutrition declaration according to Article 9(1) (l) shall not be mandatory on the package or on the label. However, the provision of this information via the Internet shall be mandatory and the information shall be available at the point of purchase.
Amendment 400 #
2008/0028(COD)
Proposal for a regulation
Article 20 - point (e)
Article 20 - point (e)
Amendment 430 #
2008/0028(COD)
Proposal for a regulation
Article 25 - paragraph 2
Article 25 - paragraph 2
2. The appropriate date shall be expressed in accordance with Annex IX. It must not be hidden and shall be indicated in a clearly visible way.
Amendment 459 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 – point b
Article 29 – paragraph 1 – subparagraph 1 – point b
(b) the amounts of fat, saturates, carbohydrates with specific reference to sugars, and saltsugars, salt, carbohydrates, protein, and artificial and natural transfats.
Amendment 469 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
Amendment 472 #
2008/0028(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The nutrition declaration may also include the amounts of one or more of the following: (a) trans fats; (b) mono-unsaturates; (cb) polyunsaturates; (dc) polyols; (ed) starch; (fe) fibre; (gf) (h)any of the minerals or vitamins listed in point 1 of Part A of Annex XI, and present in significant amounts as defined in point 2 of Part A of Annex XI. protein; any of the minerals or vitamins
Amendment 491 #
2008/0028(COD)
Proposal for a regulation
Article 30 - paragraph 2
Article 30 - paragraph 2
2. Conversion factors for the vitamins and minerals mentioned in point 1 of Part A of Annex XI, in order to calculate more precisely their content in foods, mayshall be set and included in Annex XII by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 493 #
2008/0028(COD)
Proposal for a regulation
Article 30 - paragraph 4 - subparagraph 2
Article 30 - paragraph 4 - subparagraph 2
The rules for implementing the declaration of energy and nutrients with regard to the precision of the declared values such as the differences between the declared values and those established in the course of official checks may be decided upon in accordance with the procedure laid downregulatory procedure with scrutiny as referred to in Article 49(23).
Amendment 502 #
2008/0028(COD)
Proposal for a regulation
Article 31 - paragraph 2
Article 31 - paragraph 2
2. The amount of energy and nutrients referred to in paragraph 1 shall be expressed per 100 g or per 100 ml or, subject to Article 32(2) and (3), perand per portion, in case the food is prepacked as an individual portion.
Amendment 512 #
2008/0028(COD)
Proposal for a regulation
Article 31 - paragraph 3
Article 31 - paragraph 3
3. The mandatory nutrition declaration shall also be expressed, as appropriate, as a percentage of the reference intakes set out in Part B of Annex XI in relation to per 100 g or per 100 ml or perand per portion, in case the food is prepacked as an individual portion. When provided, the declaration on vitamins and minerals shall also be expressed as a percentage of the reference intakes set out in point 1 of Part A of Annex XI.
Amendment 521 #
2008/0028(COD)
Proposal for a regulation
Article 31 - paragraph 3 a (new)
Article 31 - paragraph 3 a (new)
3a. Within 6 months after the entry into force of this Regulation, and taking into account recommendations by the European Food Safety Authority, the Commission shall establish reference intake values for energy and selected nutrients other than vitamins and minerals to be added in Annex XI, Part B. Those measures designed to amend non- essential elements of this Regulation by supplementing it shall be adopted, in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 524 #
2008/0028(COD)
Proposal for a regulation
Article 31 - paragraph 4
Article 31 - paragraph 4
4. The declaration of polyols and/or starch and the declaration of type of fatty acids, other than the mandatory declaration of saturates and trans fats referred to in Article 29(1)(b), shall be presented in accordance with Annex XIII Part B.
Amendment 528 #
2008/0028(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 546 #
2008/0028(COD)
Proposal for a regulation
Article 34 - paragraph 1
Article 34 - paragraph 1
1. The following particulars referred to in Article 31(2) related to the mandatory nutrition declaration shall be included in the principal field of vision: energy value, amounts of fat, saturates, sugars, and salt. They shall be presented, where appropriate, together in a clear format in the following order: energy, fat, saturates, carbohydrates with specific reference to sugars, and saltorder specified above.
Amendment 568 #
2008/0028(COD)
Proposal for a regulation
Article 34 - paragraph 1 a (new)
Article 34 - paragraph 1 a (new)
1a. In accordance with the regulatory procedure with scrutiny referred to in Article 49 (3), based on an opinion of the European Food Safety Authority, and before the date of application of Articles 29-34, reference levels will be determined that indicate a high amount of the respective nutrient per 100g or per 100 ml. If these reference levels are exceeded in a foodstuff, the nutrition information on the respective nutrient shall be highlighted by a red mark.
Amendment 569 #
2008/0028(COD)
Proposal for a regulation
Article 34 - paragraph 1 a (new)
Article 34 - paragraph 1 a (new)
Amendment 584 #
2008/0028(COD)
Proposal for a regulation
Article 34 - paragraph 6 a (new)
Article 34 - paragraph 6 a (new)
6a. The Commission shall present an evaluation report on the form of presentation described in the previous paragraphs five years after entry into force of this Regulation.
Amendment 594 #
2008/0028(COD)
Proposal for a regulation
Article 35 - paragraph 1
Article 35 - paragraph 1
1. Where food information covered by this Regulation is provided on a voluntary basis, such information shall comply with the relevant specific requirements laid down in this Regulation, particularly with the requirements of Article 7.
Amendment 595 #
2008/0028(COD)
Proposal for a regulation
Article 35 - paragraph 1 a (new)
Article 35 - paragraph 1 a (new)
1a. All relevant information regarding voluntary food information schemes, such as the underlying criteria and scientific studies, must be made available to the public.
Amendment 598 #
2008/0028(COD)
Proposal for a regulation
Article 35 - paragraph 2
Article 35 - paragraph 2
2. Without prejudice to labelling in accordance with specific Community legislation and in addition to the requirements of Article 9(1)(i), paragraphs 3 and 4 shall apply where the country of origin or the place of provenance of a food is voluntarily indicated to inform consumers that a food originates or comes from the European Community or a given country orf place.
Amendment 605 #
2008/0028(COD)
Proposal for a regulation
Article 35 - paragraph 6
Article 35 - paragraph 6
6. Implementing rules concerning the conditions and criteria of use of particulars voluntarily provided according to the previous paragraphs may be established by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
Amendment 606 #
2008/0028(COD)
Proposal for a regulation
Article 35 - paragraph 6 a (new)
Article 35 - paragraph 6 a (new)
6a. The term ‘vegetarian’ should not be applied to foods that are, or are made from or with the aid of products derived from animals that have died, have been slaughtered, or animals that die as a result of being eaten. The term ‘vegan’ should not be applied to foods that are, or are made from or with the aid of animals or animal products (including products from living animals).
Amendment 607 #
2008/0028(COD)
Proposal for a regulation
Article 35 - paragraph 6 b (new)
Article 35 - paragraph 6 b (new)
6b. In line with Article 3 (1), it shall be admissible to provide information on environmental, social and ethical considerations regarding foodstuffs. In order not to encourage arbitrarily commitments and to ensure comparability, the Commission shall, within [12 months from the entry into force of this regulation] present a legislative proposal on such criteria with regard to foods.
Amendment 617 #
2008/0028(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 623 #
2008/0028(COD)
Proposal for a regulation
Article 40
Article 40
Amendment 630 #
2008/0028(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Member States may decide not to require the provision of some of the particulars referred to in paragraph 1, other than those referred to in Article 9(1) (c) and 10, provided that the consumer or mass caterer still receives sufficient information.
Amendment 634 #
2008/0028(COD)
Proposal for a regulation
Article 43
Article 43
Detailed rules for the application of this Chapter may be adopted by the Commission. Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the procedureregulatory procedure with scrutiny referred to in Article 49(23).
Amendment 643 #
2008/0028(COD)
Proposal for a regulation
Article 44 - paragraph 5
Article 44 - paragraph 5
5. Member States shall provide the Commission with the details of the national schemes referred to in paragraph 1, such as the underlying criteria and scientific studies, including an identifier for foods that are labelled in compliance with that national scheme. The Commission shall make those details available to the public, in particular through a dedicated page on the Internet.
Amendment 644 #
2008/0028(COD)
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51a Amendments to Regulation (EC) 104/2000 In Article 4 of Regulation (EC) 104/2000, the following subparagraph is added: (d) whether the fish comes from a stock that is subject to a recovery plan adopted by the EU.
Amendment 664 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 2.1
Annex III – point 2.1
2.1 Foods ‘with containing a sweetener(s)’ this sweetener or statement shall sweeteners accompany the authorised name of the food. pursuant to in the principal Directive 89/107/ field of vision. EEC
Amendment 667 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 2.2
Annex III – point 2.2
2.2 Foods ‘with sugar(s) and containing both sweetener(s)’ this an added sugar or statement shall sugars and a accompany the sweetener or name of the food. sweeteners authorisedin the principal authorised field of vision. pursuant to Directive 89/107/ EEC
Amendment 670 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 3 a (new)
Annex III – point 3 a (new)
3a. FOODS CONTAINING GLUTAMIC ACIDS OR ITS SALTS 3a.1 Foods containing 'contains one or more of the appetite- food additives E620, E enhancing 621, E622, E623, E624 ingredients' and E 625
Amendment 673 #
Amendment 674 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 5a.1 (new)
Annex III – point 5a.1 (new)
Commission 5a.1 Foods produced 'produced from from animals fed animals fed with with genetically genetically modified modified feedingstuffs' feedingstuffs Where food consists of pursuant to more than one Regulation (EC) No ingredient, whereof 1829/2003 one or more are produced from animals fed with genetically modified feedingstuffs pursuant to Regulation (EC) No 1829/2003, the words 'from animals fed with genetically modified feedingstuffs' shall appear in the list of ingredients referred to in Article 19 immediately following the ingredient(s) concerned. Where there is no list of ingredients, the words 'produced from animals fed with genetically modified feedingstuffs' shall appear clearly on the labelling.
Amendment 675 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 5a.2 (new)
Annex III – point 5a.2 (new)
Commission 5a.2 Products 'produced with the aid of produced with the nanotechnologies' aid of Where food consists of nanotechnologies more than one ingredient, whereof one or more are produced with the aid of nanotechnologies, the words 'produced with the aid of nanotechnologies' shall appear in the list of ingredients referred to in Article 19 immediately following the ingredient(s) concerned. Where there is no list of ingredients, the words 'produced with the aid of nanotechnologies' shall appear clearly on the labelling.
Amendment 676 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 5a.3 (new)
Annex III – point 5a.3 (new)
Commission 5a.3 Foodstuffs (1) ‘Free range eggs’, containing eggs or (2) ‘Barn eggs’ or egg products (3) ‘Eggs from caged hens’ shall be added in brackets after the respective ingredient in the ingredient list - according to the farming method the contained eggs were produced with. Concerning eggs from organic production, the respective ingredient may be labelled in accordance with Council Regulation (EC) No 834/2007, Article 23 (4) (b).
Amendment 677 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 5a.4 (new)
Annex III – point 5a.4 (new)
Amendment 678 #
2008/0028(COD)
Proposal for a regulation
Annex III – point 5a.5 (new)
Annex III – point 5a.5 (new)
Amendment 692 #
2008/0028(COD)
Proposal for a regulation
Annex IV – indent 16
Annex IV – indent 16
Amendment 699 #
2008/0028(COD)
Proposal for a regulation
Annex V – part B – paragraph 2 a (new)
Annex V – part B – paragraph 2 a (new)
2a. The name of the food in the labelling of any meat product which has the appearance of a cut, joint, slice, portion or carcase of meat, or of cured meat shall include an indication of: (a) any added ingredient of a different animal origin to the rest of the meat; and (b) any added water in the following circumstances: - in the case of cooked and uncooked meat, or cooked cured meat, any added water making up more than 5% of the weight of the product - in the case of uncooked cured meat, any added water making up more than 10% of the weight of the product.
Amendment 700 #
2008/0028(COD)
Proposal for a regulation
Annex V – part B – paragraph 2 b (new)
Annex V – part B – paragraph 2 b (new)
2b. The name of the food in the labelling of any fish product which has the appearance of a cut, fillet, slice, or portion of fish shall include an indication of: (a) any added ingredient of vegetable origin and, of an animal origin other than fish; and (b) any added water making up more than 5% of the weight of the product.
Amendment 705 #
2008/0028(COD)
Proposal for a regulation
Annex VI – part B – point 17
Annex VI – part B – point 17
Amendment 706 #
2008/0028(COD)
Proposal for a regulation
Annex VI – part B – point 18
Annex VI – part B – point 18
18. All types ‘mechanically of products separated meat’ covered by the and the name(s) definition of (3) of the animal ‘mechanically species from separated meat’. which it comes, followed by words 'of which' and the share in total fat and connective tissue (in %)
Amendment 717 #
2008/0028(COD)
Proposal for a regulation
Annex VIII – paragraph 5 – subparagraph 1
Annex VIII – paragraph 5 – subparagraph 1
5. Where a solid food is presented in a liquid medium, the drained net weight of the food shall also be indicated. The price per kilogram referring to the respective food shall be based solely on the drained net weight.
Amendment 736 #
2008/0028(COD)
Proposal for a regulation
Annex XI – part B – table
Annex XI – part B – table
Energy or Reference nutrient Intake nutrient Intake* Energy 84(2000 kJ cal) Total fat 70 g Saturates 20 g Carbohydrate 230 g Sugars 90 g Salt 6gSugars Salt _______ * Values to be established in reference to Article 31, paragraph 3a (new)
Amendment 91 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) This Directive should only apply to the geological storage of CO2 within the territory of the Member States, their exclusive economic zones and on their continental shelves. The Directive should not apply to research projects. It should, however, apply to demonstration projects with a total intended storage of 100 kilo tonnes or more. This threshold would also seem appropriate for the purposes of other relevant Community legislation. The sStorage of CO2 in geological formations extendingdensely populated areas should be permitted neither within nor beyond the territorial scope of this Directive. Storage of CO2 in the water column and storage at a depth of less than 1000 metres under the seabed should be permitted neither within nor beyond the territorial scope of this Directive and the. Further, the geological storage of CO2, in the water column should not be permitted. cluding storage at a depth of more than 1000 metres under the seabed, should not be permitted beyond the territorial scope of this Directive. Storage in sub-seabed formations should only be carried out in accordance with international agreements, to which Member States and/or the Community are party.
Amendment 94 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) Enhanced hydrocarbon recovery (the recovery of hydrocarbon additional to that produced naturally by fluid injection or other means) should be excluded from the scope of this Directive. Enhanced hydrocarbon recovery is an economically viable activity, and has been hitherto carried out as such. Meanwhile, enhanced hydrocarbon recovery does not mitigate climate emissions, but it produces extra fossil fuels, thus extra emissions. Hence, geological storage under this Directive should exclude this process.
Amendment 98 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Member States should retain the right to determine the areas within their territory from which storage sites may be selected. The selection of the appropriate storage site is crucial to ensure that the stored CO2 will be completely contained for the indefinite future. A site should therefore only be selected as a storage site, if there is no significantit is proven that there is no risk of leakage, and if in any case no significantno risk of adverse environmental or health impacts are likely to occur. This should be determined through a characterisation and assessment of a potential storage complex pursuant to specific requirements.
Amendment 99 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should make a realistic assessment of the storage capacity available within their territory and send these assessments to the Commission before 2012. This information should be made public.
Amendment 103 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, non-discriminatory and published criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited time, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time.
Amendment 104 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. Storage site operators should be fully unbundled from power generators. According to the polluter pays principle, power generators must pay the costs for the storage of their CO2 emissions. The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way.
Amendment 110 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft sStorage permits should be submittawarded toby the Ccommission in order for it to be able to issue an opinion on the draft permits within six months of their submission. The national authorities should take this opinion into consideration whenpetent authority in each Member State following consultation with the Commission. The draft storage permits should be submitted to the Commission, which should have six months to issue a binding opinion. The competent authority should refrain from taking a decision on the final permit and should justify any departure frombefore the Commission issues its opinion. A storage permit should only be given if the binding opinion of the Commission's opinion is favourable. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 112 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to enhance accountability and transparency of the permit procedures, Member States should ensure, with regard to both exploration and storage permit granting procedures, that the public has adequate and effective access to information, participation rights and access to justice, in accordance with the relevant provisions of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003. The latter Directive provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment. It also amends, with regard to public participation and access to justice, Council Directives 85/337/EEC and 96/61/EC, as well as Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.
Amendment 114 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The competent authority should review and where necessary update or withdraw the storage permit inter alia if it has been notified of any leakage or significant irregularities or leakages, if the reports submitted by the operators or the inspections carried out show non- compliance with permit conditions or if it is made aware of any other failure by the operator to meet the permit conditions. After the withdrawal of a permit, the competent authority should either issue a new permit or close the storage site. In the meantime, the competent authority should take over the responsibility for the storage site including all ensuing legal obligations. To the extent possible, cCosts incurred should be recovered from the former operator.
Amendment 116 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 21
Recital 21
(21) Monitoring is essential to assess whether injected CO2 is behaving as expected, whether any migration or leakage occurs, and whether any identified leakage is damaging the environment or human health. To that end, Member States should ensure, through verification and validation, that during the operational phase, the operator monitors the storage complex and the injection facilities on the basis of a monitoring plan designed pursuant to specific monitoring requirements. The plan should be submitted to and approved by the competent authority. In the case of geological storage under the seabed, monitoring should further be adapted to the uncertainty and operational difficulties associated with managing CCS technology in the marine environment.
Amendment 118 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) Provisions are required covering liability for damage to the local environment and climate damage, resulting from any failure of permanent containment. Liability for environmental damage (damage to protected species and natural habitats, water and land) is regulated by Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, which should be applied to the transport of CO2 for geological storage purposes and the operation of storage sites pursuant to the present Directive. Liability for climate damage as a result of leakages is covered by the inclusion of storage sites in Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, which requires surrender of emissions trading allowances for any leaked emissions. In addition, this Directive should establish the obligation on the operator to take corrective measures in case of significant irregularities or leakages on the basis of a corrective measures plan submitted to and approved by the competent national authority. Where the operator fails to take the necessary corrective measures, these measures should be taken by the competent authority, which should recover the costs from the operator. The costs of remedying damage to the environment during transport and storage at the operating, closure and post-closure phase, to the extent not covered by the abovementioned instruments, or in case financial security is not available or adequate, should be covered by a fund which is jointly financed through the contributions of storage site operators and power generators, and which is managed by the competent authority. This fund should, in case financial security is not available or adequate, also cover traditional civil damage to property, health etc.
Amendment 119 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 25
Recital 25
(25) After a storage site has been closed, the operator should remain responsible for maintenance, monitoring and control, reporting, and corrective measures pursuant to the requirements of this Directive on the basis of a post-closure plan submitted to and approved by the competent authority as well as for all ensuing obligations under other relevant Community legislation until the responsibility for the storage site is transferred to the competent authority. The operator should remain responsible for at least 100 years after the closure of a site.
Amendment 122 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing legal obligations, should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an binding opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure fromApproval of the transfer by the competent national authorities should only be given if the binding opinion of the Commission’s opinion is favourable. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive. In similar legal terms as under the permit granting process, Member States should ensure transparency and accountability in the approval of the transfer by providing adequate and effective access to information, public participation rights and access to justice for the public.
Amendment 124 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 27
Recital 27
(27) After the transfer of responsibility, monitoring should be allowed to cease, but should be re-activated, ifcontinue for at least the next 100 years. If any leakages or significant irregularities are identified. There should be no recovery of costs incurred by the competent authority from the former operator after the transfer of responsibil, the necessary corrective measures should be taken by the competent authority. In the event that the closure of the storage site was based on inaccurate or false information, the operator should remain liable for the costs of corrective measures and any damage caused to human health or the environment. In all other cases, the relevant costs should be covered by the fund jointly financed by the operators' and power generators´ contributions and managed by the competent authority.
Amendment 126 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Financial provision should be made provided in order to raise confidencensure that closure and post- closure obligations, obligations arising from inclusion under Directives 2003/87/EC and 2004/35/EC, and obligations under thisese Directives to take corrective measures in case of leakages or significant irregularities or leakages, can be met. Member States should ensure that financial provisions, by way of financial security or any other equivalent, are made by the applicant prior to the submission of the permit application.
Amendment 129 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) Access to CO2 transport networks and storage sites could become a condition for entry into or competitive operation within the internal electricity and heat market, depending on the relative prices of carbon and CCS. It is therefore appropriate to make arrangements for potential users to obtain such access. This should be done in a manner tomeans that transport operators should be fully unbundled from both storage site operators and users (i.e. power generators). The latter should bear all the costs of transporting CO2 from the capture to the storage site. The conditions of access to transport networks and storage sites should be determined by each Member State, applying the objectives of fair and open access and taking into account inter alia the transport and storage capacity which is available or can reasonably be made available as well as the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation intended to be meet through CO2 capture and geological storage. Member States should also establish dispute settlement mechanisms to enable expeditious settlement of disputes regarding access to CO2 transport networks and storage sites.
Amendment 132 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 30
Recital 30
(30) Provisions are required to ensure that in cases of transboundary CO2 transport, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of all other Community legislation jointly, as well as all the international agreements to which Member States and/or the Community are party. The provisions of Article 7 of Directive 85/337/EEC should also apply in this case.
Amendment 133 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 31
Recital 31
(31) The competent authority should establish and maintain a register of all operating and closed storage sites and surrounding storage complexes, including maps of their spatial extent to be taken into consideration by the competent national authorities in relevant planning and permitting procedures. The register should also be reported to the Commission.
Amendment 134 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive. For serious violations of the obligations arising from a permit granted according to this Directive, including the obligation to undertake corrective measures, which result in CO2 being emitted into the soil, air or water, operators should further be criminally liable under the terms of Directive 2008/XX/EC of the European Parliament and of the Council on the protection of the environment through criminal law.
Amendment 135 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 35
Recital 35
(35) Directive 85/337/EEC should be amended to cover capture and transport of CO2 streams for the purposes of geological storage as well as storage sites pursuant to this Directive. Directive 96/61/EC should be amended to cover capture of CO2 streams for the purposes of geological storage from installations covered by that Directive. Directive 2004/35/EC should be amended to cover the transport of CO2 for geological storage purposes and operation of storage sites pursuant to this Directive.
Amendment 136 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 37
Recital 37
(37) The transition to low-carbon power generation requires that new investments in fossil fuel power generation are made in such a way as to facilitate substantial reductions in emissions. To this end, Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants should be amended to require that allnew combustion plants, for which the original construction license or the original operating licence is granted after the entry into force of this Directive, have suitable space on the installation site for the equipment necessary to capture and compress CO2 and that the availability of suitable storage sites and transport networks, as well as the technical feasibil with a capacity of 200 megawatts or more may only be authorised if their emissions fall below the limity of retrofitting for CO2 capture, have been assessed350 g CO2/kWh.
Amendment 137 #
2008/0015(COD)
Proposal for a directive – amending act
Article 1 - paragraph 1
Article 1 - paragraph 1
1. This Directive establishes a legal framework for the transport of carbon dioxide for geological storage purposes and geological storage of carbon dioxide (hereinafter "CO2").
Amendment 144 #
2008/0015(COD)
Proposal for a directive – amending act
Article 1 - paragraph 2
Article 1 - paragraph 2
2. The purpose of geological storage is to permanent containment of CO2 in such a way as to prevent or reduce as far as possible negative effects on the environment and any resulting risk toly and safely contain CO2 underground in such a way as to prevent any risk of negative environmental or human health impacts.
Amendment 151 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 - paragraph 1
Article 2 - paragraph 1
1. This Directive shall only apply to the geological storage of CO2 on the territory of the Member States, their exclusive economic zones and on their continental shelves within the meaning of the United Nations Convention on the Law of the Seas (UNCLOS). Enhanced hydrocarbon recovery shall be excluded from the scope of this Directive.
Amendment 156 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 - paragraph 3
Article 2 - paragraph 3
3. The geological storage of CO2, in geological formations extendingcluding storage under the seabed, beyond the area referred to in paragraph 1 shall not be permitted. The storage of CO2 under the seabed shall further be conducted in accordance with international agreements, to which Member States and/or the Community are party.
Amendment 157 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 - paragraph 4
Article 2 - paragraph 4
4. The storage of CO2 in the water column within or beyond the area referred to in paragraph 1 shall not be permitted.
Amendment 158 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 - paragraph 4 a (new)
Article 2 - paragraph 4 a (new)
4a. The storage of CO2 in densely populated areas shall not be permitted.
Amendment 161 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 1 a (new)
Article 3 - point 1 a (new)
(1a) 'enhanced hydrocarbon recovery' means the recovery of hydrocarbon additional to that produced naturally by fluid injection or other means;
Amendment 163 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 3
Article 3 - point 3
(3) 'storage site' means a defined area within a specific geological formation used for the geological storage of CO2 and associated surface and injection facilities;
Amendment 173 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 5
Article 3 - point 5
(5) 'leakage' means any release of CO2 from the storage complexsite;
Amendment 178 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 8
Article 3 - point 8
(8) 'exploration permit' means a written and reasoned decision authorising exploration in a geological formation which has been found to be suitable in accordance with the conditions set out in Article 4, issued by the competent authority pursuant to the requirements of this Directive;
Amendment 180 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 9 a (new)
Article 3 - point 9 a (new)
(9a) ‘transport operator’ means any natural or legal, private or public person, who is fully unbundled from the storage site operator and the user (i.e. power generator), and who operates or controls the transport of CO2 to the storage site or to whom decisive economic power over the technical functioning of the transport network has been delegated under national legislation;
Amendment 181 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 10
Article 3 - point 10
(10) 'storage permit' means a written and reasoned decision authorising the geological storage of CO2 in a storage site, and containing all the elements required under Article 9, issued by the competent authority pursuant to the requirements of this Directive;
Amendment 185 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 11
Article 3 - point 11
(11) 'substantial change' means a change which may have significantadverse effects on the environment or human health;
Amendment 187 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 12
Article 3 - point 12
(12) 'CO2 stream' means a flow of substances containing no less than 98% CO2 that results from carbon dioxide capture processes, into which no wastes or other matter have been added for the purpose of disposing of them and which does not contain corrosive substances, such as H2S and SO2;
Amendment 194 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 17
Article 3 - point 17
(17) 'corrective measures' means any measures taken to correct significant irregularities or to close leakages in order to prevent or minimise the release of CO2 from the storage complexstop any leakage;
Amendment 203 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 20 c (new)
Article 3 - point 20 c (new)
(20c) 'verification' means the process of ensuring the proper - according to scientific knowledge - monitoring procedures are in place;
Amendment 207 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 - point 20 g (new)
Article 3 - point 20 g (new)
(20g) 'validation' means the process of ensuring that the "set limits” control adequately the risks of CO2 leakage and of adverse effects on the environment or public health and safety;
Amendment 211 #
2008/0015(COD)
Proposal for a directive – amending act
Article 4 - paragraph 2
Article 4 - paragraph 2
2. A geological formation shall only be selected as a storage site, if under the proposed conditions of use there is no significant risk of leakage, and if no significant negative environmental risk of leakage, if no risk of adverse environmental or health impacts exists, in particular with regard to water quality, and if its use to store CO2 does not directly compete with other actual or potential water or energy-related uses, including strategic ones for thealth impacts are likely to occur security of the Community energy supply (e.g. gas storage) or the use of renewable (e.g. geothermal) energy sources.
Amendment 222 #
2008/0015(COD)
Proposal for a directive – amending act
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Member States shall make a realistic assessment of the storage capacity available within their territory. Member States shall send these assessments to the Commission before 2012. This information shall be made public.
Amendment 226 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, non-discriminatory and published criteria.
Amendment 227 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that the views of the public are duly taken into account during the process of granting an exploration permit. For this purpose, Member States shall ensure that the public and its members have adequate and effective access to information, participation rights and access to justice, according to the relevant provisions of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, as well as Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.
Amendment 230 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of twohree years, renewable once for a maximum offor three years at a time, and for as long as is necessary two yearscarry out the exploration of the prospective storage site.
Amendment 238 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Pre-injection monitoring should be proposed and included in the exploration permit.
Amendment 242 #
2008/0015(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that the procedures for the granting of storage permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. non-discriminatory and published criteria. Storage site operators shall be fully unbundled from users (i.e. power generators).
Amendment 297 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that no substantial change is implemented without a new storage permit issued in accordance with this Directive. The provisions of Directive 85/337/EEC shall also apply in this case.
Amendment 299 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) if it has been notified ofr made aware of any leakage or significant irregularities or leakages pursuant to Article 16(1);
Amendment 307 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 4
Article 11 – paragraph 4
4. After a permit has been withdrawn pursuant to paragraph 3, the competent authority shall either issue a new storage permit or close the storage site pursuant to point (c) of Article 17(1). Until a new storage permit has been issued, the competent authority shall take over the responsibility for the storage site, including all ensuing legal obligations. To the extent possible, the competent authority shall recover any costs incurred from the former operator.
Amendment 311 #
2008/0015(COD)
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly of carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislationf at least 98% carbon dioxide and shall not contain corrosive substances such as H2S and SO2. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter.
Amendment 325 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In the case of geological storage under the seabed, the monitoring requirements set out in paragraph 1 shall further be adapted to the uncertainty and operational difficulties associated with managing CCS technology in the marine environment.
Amendment 326 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The monitoring shall be based on a monitoring plan designed by the operator pursuant to the requirements laid out in Annex II, submitted to and approved by the competent authority pursuant to Articles 7(5) and 9(5). The latter should also carry out the validation and verification. The plan shall be updated pursuant to the requirements laid down in Annex II and in any case every five years to take account of technical developments. Updated plans shall be re-submitted for approval to the competent authority.
Amendment 330 #
2008/0015(COD)
Proposal for a directive – amending act
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The corrective measures referred to in paragraph 1 shall be taken on the basis of a corrective measures plan submitted to and approved by the competent authority and the Commission pursuant to Articles 7(6) and 9(6); . Those measures shall be made public.
Amendment 333 #
2008/0015(COD)
Proposal for a directive – amending act
Article 17 – paragraph 2
Article 17 – paragraph 2
2. After a storage site has been closed pursuant to paragraph 1 points (a) or (b), the operator remains responsible for maintenance, monitoring, control, reporting, and corrective measures pursuant to the requirements laid down in this Directive, as well as for all ensuing obligations under other relevant provisions of Community legislation, until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (4). The operator shall also be responsible for sealing the storage site and removing the injection facilities. The operator should remain responsible for at least 100 years after the closure of a site.
Amendment 338 #
2008/0015(COD)
Proposal for a directive – amending act
Article 17 – paragraph 4
Article 17 – paragraph 4
4. After a storage site has been closed pursuant to paragraph 1 point (c), the competent authority shall remain responsible for maintenance, monitoring, control, and corrective measures pursuant to the requirements laid down in this Directive as well as for all ensuing obligations under other relevant provisions of Community legislation. The post-closure requirements pursuant to this Directive shall be fulfilled on the basis of the provisional post- closure plan submitted to and approved by the competent authority pursuant to Articles 7(7) and 9(7), which shall be updated as necessary. The operator shall still be legally and financially responsible for the site, and should keep financial security or other equivalent pursuant to Article 19(2)(b)(ii).
Amendment 339 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where a storage site has been closed pursuant to points (a) or (b) of Article 17(1), the responsibility for the closed site, including all ensuing legal obligations, shall be transferred to the competent authority on its own initiative or upon request from the operator, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite futureafter expiry of a 100-year period, and after all the conditions set out in the storage permit for the transfer of responsibility have been met. To this end, the operator shall prepare a report documenting that this criterion has been met and submit it to the competent authority for the latter to approve the transfer of responsibility.
Amendment 347 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall inform the Commission of all draft decisions of approval prepared by the competent authority pursuant to paragraph 1, including the reports submitted by the operator and any other material taken into consideration by the competent authority when arriving at its conclusion. Within six months of their submission to the Commission, the Commission mayshall issue ana binding opinion on the draft decisions of approval. The provisions of Article 6(2a) shall also apply to the draft decisions of approval.
Amendment 355 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 5
Article 18 – paragraph 5
5. After the transfer of responsibility pursuant to paragraphs 1 to 4, monitoring may ceaseshall continue for the next 100 years. Upon expiry of this period, it may be substantially reduced. However, if any leakages or significant irregularities are identified, monitoring shall be reactivated as required to assess the scale of the problem and the effectiveness of corrective measures.
Amendment 358 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 6
Article 18 – paragraph 6
6. There shall be no recovery of costs incurred from the former operator after the transfer of responsibility to the competent authority pursuant to paragraphs 1 to 4If any leakages or significant irregularities are identified, the necessary corrective measures shall be taken by the competent authority. In the event that the closure of the storage site has been based on inaccurate or false information, the operator shall cover the costs of the corrective measures and remain liable for any damage caused to human health or the environment. In all other cases, the costs shall be covered by the fund established under Article 19a, financed by the operators' contributions and managed by the competent authority.
Amendment 369 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application for a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post-closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be metand Directive 2004/35/EC can be met. The financial security should be set at such a level as to cover liability for any damage caused to third parties, as well as the costs of remediation of environmental damage, and at any rate no less than EUR [x] billion.
Amendment 374 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 a (new)
Article 19 a (new)
Article 19a In each Member State, a segregated reserve fund shall be established and maintained through annual contributions jointly paid by storage site operators and power generators. This fund shall be held and administered by the competent authority. The operators’ contributions shall be proportional to the capacity of the storage site in volume units of CO2, past performance of the operator and the risk profile of the site according to the parameters set out in Annex I. Contributions shall cease after the transfer of responsibility to the competent authority. The fund shall be used to cover the costs for monitoring and corrective measures, as well as costs for remedying traditional damage (e.g. damage to health, property etc.) and environmental damage after the transfer of responsibility, and exceptionally also before such a transfer, when liability is not covered by Directive 2004/35/EC or Directive 2003/87/EC, and/or if financial security is inadequate or unavailable.
Amendment 376 #
2008/0015(COD)
Proposal for a directive – amending act
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take the necessary measures to ensure that potential users are able to obtain access to CO2 transport networks and to storage sites for the purposes of geological storage of the produced and captured CO2, in accordance with paragraphs 2 to 4. However, users shall bear the full costs of access to such networks and sites.
Amendment 377 #
2008/0015(COD)
Proposal for a directive – amending act
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State and shall be carried out by transport operators who shall be fully unbundled from both storage site operators and users (i.e. power generators). The Member State shall apply the objectives of fair and open access, taking into account:
Amendment 406 #
2008/0015(COD)
Proposal for a directive – amending act
Article 32
Article 32
Directive 2001/80/EEC
Article 9 a – paragraph 1 a (new)
Article 9 a – paragraph 1 a (new)
1a. Paragraph 1 shall cover the entirety of the combustion plant.
Amendment 426 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – Step 1 – point (k)
Annex I – Step 1 – point (k)
(k) Possible interactions with other activities (e.g. exploration, production and storage of hydrocarbons), geothermal use of aquifers)especially competition with renewable energy sources (e.g. geothermal use of aquifers) and underground water reserves;
Amendment 427 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – Step 1 – point (l)
Annex I – Step 1 – point (l)
(l) Proximity to the potential CO2 source(s) (including estimates of the total potential mass of CO2 economically available for storage), since transport over long distances can become prohibitively expensive), as well as availability of a safe and adequate transport network.
Amendment 72 #
2007/2285(INI)
Motion for a resolution
Paragraph 1a (new)
Paragraph 1a (new)
1a. Calls on all the Member States to recognise obesity officially as a chronic disease in order to prevent obese people from being stigmatised in any way; calls on all Member States to ensure that obese people are not discriminated against and are fully covered by health-insurance schemes;
Amendment 84 #
2007/2285(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises the substantial role and effectiveness ofthat self-regulation can play as part of a strategy to tackle obesity more vigorously; stresses that the food industry should do much more to tackle the problem of obesity;
Amendment 104 #
2007/2285(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the fact that obesity is more prevalent among people in lower socio- economic groups; calls on the European Union and Member States to ensure free access to sports activities for citizens with lower incomes;
Amendment 115 #
2007/2285(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges secondary schools and all owners of public buildings to replace their candy vendors by condom vending machines;
Amendment 138 #
2007/2285(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for a revision of the VAT Directive to make food products rich in fat, sugar and salt subject to the standard VAT rate; urges Member States to put a reduced VAT rate on healthy products;
Amendment 192 #
2007/2285(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Asks Member States, local entities and school authorities to ensure that healthy options are provided in school vending machines and that sponsorship in schools is not linked to the promotion of snacks or foods that should not be consumed too often; public-private partnerships at schools should be transparent and be carefully scrutinised by independent third parties;
Amendment 196 #
2007/2285(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Believes that self regulation should lead to giving healthy products a prominent place in stores, whereas unhealthy food should have a less prominent place;
Amendment 197 #
2007/2285(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses the importance of water for weight control; calls on the European Union and its Member States to ensure that water is accessible for everyone;
Amendment 209 #
2007/2285(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that meat, dairy products and eggs contribute enormously to the intake of fat and therefore to obesity; calls on the Commission, Member States and the food industry to include this information in all their campaigns for a healthy diet;
Amendment 247 #
2007/2285(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Asks for a single clear labelling system, which is also based on portions and not only on weight and which makes it clear to consumers if a product is healthy;
Amendment 279 #
2007/2285(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks for protected times and for restrictionsa ban on commercials for unhealthy food specifically targeted at children; is convinced that the problem of hidden placement of products of poor nutritional value in films and cartoons should also be addressed at European level;
Amendment 296 #
2007/2285(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for a ban on using children’s idols to promote food high in fat, sugar or salt to children;
Amendment 17 #
2007/2274(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Council and the Commission to appoint an EU Special Envoy for Women’s Rights in charge of defending women's rights both inside and outside the EU; the Special Envoy should also be in charge of strengthening the EU’s commitment to the empowerment of women in EU foreign and development policy, and would promote the achievement of the Millennium Development Goals by focusing on equality between men and women worldwide, on reducing maternal mortality and on fighting poverty;
Amendment 18 #
2007/2274(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that empowering women by ensuring full access to sexual and reproductive health information, services and supplies would put them in a better position to negotiate safe sex and protect themselves from sexually transmitted diseases, including HIV/AIDS;
Amendment 10 #
2007/2263(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
Amendment 11 #
2007/2263(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
– having regard to the Declaration of the Rights of Sex Workers in Europe adopted at the European Conference on Sex Work, Human Rights, Labour and Migration held on 15-17 October 2005 in Brussels,
Amendment 12 #
2007/2263(INI)
Motion for a resolution
Citation 17 c (new)
Citation 17 c (new)
– having regard to Council Directive 2004/83 of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted,
Amendment 13 #
2007/2263(INI)
Motion for a resolution
Citation 17 d (new)
Citation 17 d (new)
– having regard Council of Europe Resolution 1579 (2007) entitled 'Prostitution - Which stance to take?',
Amendment 14 #
2007/2263(INI)
Motion for a resolution
Citation 17 e (new)
Citation 17 e (new)
– having regard to its resolution of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation1
Amendment 15 #
2007/2263(INI)
Motion for a resolution
Citation 17 f (new)
Citation 17 f (new)
Amendment 16 #
2007/2263(INI)
Motion for a resolution
Citation 17 g (new)
Citation 17 g (new)
– having regard to its resolution of 15 March 2006 on forced prostitution in the context of world sports events 1
Amendment 17 #
2007/2263(INI)
Motion for a resolution
Citation 17 h (new)
Citation 17 h (new)
– having regard to the World Health Organization's Sex Work Toolkit for targeted HIV/AIDS Prevention and Care in Sex Work Settings,
Amendment 37 #
2007/2263(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas trafficking in persons, particularly women and children, for sexual as well as other forms of exploitation, is one the most egregious violations of human rights, and whereas trafficking in human beings is growing globally as a result of the increase in organised crime and its profitability,
Amendment 46 #
2007/2263(INI)
Motion for a resolution
Recital G
Recital G
Amendment 49 #
2007/2263(INI)
Motion for a resolution
Recital H
Recital H
Amendment 54 #
2007/2263(INI)
Motion for a resolution
Recital I
Recital I
Amendment 58 #
2007/2263(INI)
Motion for a resolution
Recital J
Recital J
Amendment 65 #
2007/2263(INI)
Motion for a resolution
Recital K
Recital K
Amendment 72 #
2007/2263(INI)
Motion for a resolution
Recital L
Recital L
L. whereas men who have ever paid for sex are significantly more likely to have contracted a sexually transmitted infectionthe widely held assumption that prostitutes were the main group affected by HIV/AIDS, or rather the main risk group, has not been substantiated by scientific evidence,
Amendment 79 #
2007/2263(INI)
Motion for a resolution
Recital N
Recital N
Amendment 86 #
2007/2263(INI)
Motion for a resolution
Recital O
Recital O
Amendment 92 #
2007/2263(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas the term “violence against women” is to be understood as any act of gender-based violence, which results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life,
Amendment 93 #
2007/2263(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas the term sex worker has gained popularity over prostitute because those involved consider it less stigmatising and say that the reference to work better describes their experience,
Amendment 94 #
2007/2263(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Amendment 101 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Defines violence against women as 'any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life' in accordance with the Declaration on the Elimination of Violence against Women adopted by the UN General Assembly in 1993;
Amendment 102 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Determines gender-based violence to be physical, sexual or psychological violence occurring within the family and in the wider community, including beatings, the sexual abuse of children, dowry-related violence, rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women, forced prostitution, and violence perpetrated or condoned by the State;
Amendment 103 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Calls on the Commission and the Council to create a clear legal basis for combating all forms of violence against women and to take a decision on the full communitarisation of a European policy;
Amendment 104 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Calls on the EU Member States and all other States to address the structural problems involved (poverty, political instability/war, gender inequality, unequal opportunities, lack of education and training), including in prostitutes' countries of origin, as the case may be, to prevent people from being 'forced' into prostitution by circumstances;
Amendment 105 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 e (new)
Paragraph -1 e (new)
-1e. Underlines the fact that child prostitution can never be voluntary, as children do not have the capacity to 'consent' to prostitution; urges the Member States to prohibit child prostitution (under the age of 21) and to combat as energetically as possible other forms of forced prostitution; urgently demands a zero-tolerance approach based on prevention, the protection of victims and the prosecution of clients;
Amendment 106 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 f (new)
Paragraph -1 f (new)
-1f. Recommends the decriminalisation of all aspects of adult prostitution resulting from individual decision, and therefore calls for special provisions to prevent the abuse and stigmatisation of prostitutes;
Amendment 108 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 h (new)
Paragraph -1 h (new)
Amendment 109 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 i (new)
Paragraph -1 i (new)
-1i. Calls on the Member States to ratify the Council of Europe Convention on Action against Trafficking in Human Beings;
Amendment 112 #
2007/2263(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 116 #
2007/2263(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that women who have experienced gender-based violence are at greater risk of problems such as chronic pain, disability, miscarriage and somatic disorders; points out that the psychological and emotional secondary disorders (sequelae) of abuse often manifest themselves in higher levels of depression, anxiety, panic attacks, substance abuse, eating disorders and psychiatric disorders;
Amendment 120 #
2007/2263(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Identifies violence towards prostituted women as a major health problem in prostitutionboth a rights-based approach and a holistic perspective on the part of policy makers and public health institutions to sex work as crucial for improving the health of prostitutes and sex workers;
Amendment 122 #
2007/2263(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that social, legal, interpersonal and epidemiological factors create the conditions in which HIV and STDs rapidly spread; calls for an effective targeted response in order to promote safer behaviour, to improve access to effective health and social services and to address the underlying structural and occupational dimensions of vulnerability;
Amendment 133 #
2007/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 139 #
2007/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 142 #
2007/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 150 #
2007/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises that the purchasers of prostitutes' services who refuse to wear a condom - and even pay extra money not to - are at risk of contracting sexually transmitted diseases (STDs), most importantly HIV/AIDSe role played in HIV transmission by clients and third parties by targeting the whole sex work setting, including clients and third parties, rather than only sex workers;
Amendment 157 #
2007/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers it essential for risk- reducing practices to avoid discrimination against people engaged in prostitution by ensuring their active participation in prevention efforts;
Amendment 165 #
2007/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that the health effects of the sex industry are not something that can be isolated within the sex industry, but also affect the wider community. P, calls on the purchasers of prostituted women's' services who refuse to wear a condom are spreading STDs, most importantly HIV/AIDS, in their sexual encounters outside the sex industryto follow safer sex practices and to use a condom in order to avoid STDs and HIV/AIDS;
Amendment 170 #
2007/2263(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 173 #
2007/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 175 #
2007/2263(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Refers to the report by the German Government on the impact of the Prostitution Act, pointing out that recent scientific evidence shows that prostitutes are not the main group affected by HIV/AIDS;
Amendment 181 #
2007/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges Member States to investigate the specific health risks which prostituted womens are exposed to - regardless of the legal status of the sex industry;
Amendment 184 #
2007/2263(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the fact that working conditions can be highly exploitative, leaving individual sex workers with limited power over their lives; vulnerability is highest where sex workers are isolated from mainstream society and where they lack internal solidarity and their own social support networks;
Amendment 190 #
2007/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States where prostitution is legal or regulated to implement the same legal framework on safety in the workplace as in other areas of the labour market for prostitutes/sex workers so that standard employment laws can be applied to protect them from abuse and exploitation;
Amendment 192 #
2007/2263(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Member States to refrain from criminalising and penalising prostitutes and to develop programmes to assist prostitutes/sex workers to leave the profession should they so wish;
Amendment 200 #
2007/2263(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. UrgesCalls on the Member States to examine how and why prostituted women become prostitutes, since several studies indicate that a considerable proportion have been sexually abused and/or raped as childrenthe working conditions of sex workers;
Amendment 210 #
2007/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 18 #
2007/2212(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas a deeper involvement of the EU institutions with civil society in the field of drugs policies would help them to assess the current strategies properly,
Amendment 118 #
2007/2212(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Takes the view, in order to learn lessons for the future strategy, that ten years after the 1998 UN General Assembly Special Session (UNGASS) on Drugs - whose main objective was 'a world without drugs' within ten years - it is necessary to proceed to an assessment of the actual results of the current drugs policies to determine which strategies were successful;
Amendment 10 #
2007/2210(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Member States to give general practitioners a proactive role in talking to their patients in order to enable them to make an informed choice concerning donor registration, and to allay unjustified fears and thereby increase the number of donors;
Amendment 29 #
2007/0821(CNS)
Article 21 – paragraph 1
Germany 1. An evaluation of the administrative, technical and financial application of the data exchange pursuant to Chapter 2 of Decision 20078/…/JHA shall be carried out on an annual basis. Such evaluation shall include an assessment of the consequences of differences in techniques and criteria for collecting and storing DNA data in the 27 Members States. The evaluation shall also include an assessment of the results related to the proportionality and the effectiveness of the cross-border exchange of the various types of DNA data. The evaluation shall relate to those Member States already applying Decision 20078/…/JHA at the time of the evaluation and shall be carried out with respect to the data categories for which data exchange has started among the Member States concerned. The evaluation shall be based on reports of the respective Member States.
Amendment 32 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 28 a (new)
Recital 28 a (new)
(28a) For the purposes of this Directive, “traffic data” should not only mean any data which is processed for the purpose of the conveyance of a communications network or for the billing thereof but also personal data when the data concerned, whether alone or in conjunction with other data, relate to an individual, directly or indirectly identifiable by the data controller.
Amendment 34 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) A breach of security resulting in the loss or compromising personal data of an individual subscriber may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud. Therefore, the subscribers concerned by such security incidents should band the noatified without delay and informed in order to be able to take the necessary precautionsonal regulatory authority should be notified without delay. The notification should include information about measures taken by the provider to address the breach, as well as recommendations for the users affected. The National Regulatory Authority should consider and determine the seriousness of the breach and should require the provider where appropriate to notify without undue delay the subscribers directly affected by the breach.
Amendment 47 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point -1 b (new)
Article 2 - point -1 b (new)
Directive 2002/58/EC
Article 2 - point (b)
Article 2 - point (b)
(-1b) Article 2(b) shall be replaced by the following: (b) "traffic data" means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing thereof. Traffic data within the meaning of this Article are also personal data within the meaning of Directive 95/46/EC when the data concerned, whether alone or in conjunction with other data relate to an individual directly or indirectly identifiable by the data controller.
Amendment 54 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 3
Article 4 - paragraph 3
3. In case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available communications services in the Community, the provider of publicly available electronic communications services, and any company providing services to consumers over the Internet which is the data controller and the provider of information society services shall, without undue delay, notify the subscriber concerned user and the national regulatory authority of such a breach. The notification to the subscribernational regulatory authority shall at least describe the nature of the breach and recommend measures to mitigate its possible negative effects. The notification to the national regulatory authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach.
Amendment 22 #
2007/0236(CNS)
Recital 11 a (new)
(11a) The failure of the Council to agree on procedural rights in criminal proceedings hampers European judicial cooperation; this deadlock urgently needs to be overcome.
Amendment 31 #
2007/0236(CNS)
Article 1 − point -1 (new)
Framework Decision 2002/475/JHA
Article 1 − paragraph 1
Article 1 − paragraph 1
Amendment 44 #
2003/0270(CNS)
Article 13 − paragraph 1 − point h a) (new)
(ha) if it conflicts with the public order of the executing Member State.
Amendment 53 #
2003/0270(CNS)
Article 25 a (new)
Article 25a The Council is invited to adopt as soon as possible the draft framework decision on procedural rights in criminal proceedings taking into consideration the opinion of the European Parliament;