1734 Amendments of Sabine WILS
Amendment 218 #
2013/2135(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the internationally agreed climate goal is to keep global mean warming under 2 degrees Celsius from increasing above preindustrial levels; urges the Commission and Member States to target an increase of maximum 1.5 degree Celsius above preindustrial levels, taking into account impacts of climate change on the least developed countries.
Amendment 484 #
2013/2135(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes that international offsets from non-additional and clearly detrimental project types should be banned immediately from use in both the EU ETS and the ESD. These project types include industrial gas projects, large-scale power projects including coal, and all JI track 1 projects. Urges that a do-not harm assessment should be introduced that suspends offsetting projects in case of evidence of human rights abuses.
Amendment 12 #
2013/2113(INI)
Motion for a resolution
Recital B
Recital B
B. whereas plastic waste can persist in the environment for hundreds of years, provoking toxic reactions and releasing endocrine disrupters, carcinogenic elements and persistent organic pollutants into ecosystems including the food chain, that can be harmful for human beings;
Amendment 54 #
2013/2113(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that in the Waste Framework Directive there is a waste hierarchy to be respected in plastic waste management according to which recycling of plastic waste is the best option followed by energy recovery and only as last unavoidable solution landfill.
Amendment 80 #
2013/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that plastic goods should be designed to maximize durability. Therefore sustainability in production and in consumption of plastic goods should be enforced; in the same direction any design that deliberately makes plastic products impossible to repair should be avoided.
Amendment 136 #
2013/2113(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for more investment in research and technologies aimed at obtaining more sustainable plastics and a better integration of various types in production processes and reprocessing activities, without affecting the quality of materials; considers that new technologies are also needed for enhanced plastic biodegradation processes, waste sorting methods, mechanical recycling, eco-design and smart packaging; stresses that a high standard sorting is done by human manpower and represent an opportunity for green jobs creation; believes that to this end, Horizon 2020 could offer opportunities to respond to this important societal need and that the advantages would be far-reaching, for both the environment and citizens, from the creation of new economic activities to the reduction of marine litter and health-related risks;
Amendment 3 #
2013/2079(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Carbon Capture and Storage (CCS) is a proven technology that can significantly reduce CO2 emissions from industrial sources and fossil fuel power plants but requires industrial- scale demonstration to promote innovation and secure cost reductions;
Amendment 6 #
2013/2079(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas CCS is not necessary to decarbonise the power sector while industrial sectors like steel and cement have more limited potential to reduce CO2 emissions without the application of CCS;
Amendment 7 #
2013/2079(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas, especially in times of austerity, public money should be spent wisely and directed to those climate- friendly technologies that are safe and sustainable, and have public support;
Amendment 28 #
2013/2079(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 42 #
2013/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that CCS development canwill not take place without support from Member States; regrets that application of the technology has been encouraged by so fewa significantly higher carbon price;
Amendment 46 #
2013/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 55 #
2013/2079(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that the current low carbon price does not enable CCS operators to secure a return on their investment, and that measures are needed to improve the ETS; calls on the Commission to make proposals before the end of this year for structural measures to strengthen the ETS by increasing the linear reduction factor and cancelling surplus allowances;
Amendment 67 #
2013/2079(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 79 #
2013/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the decision of the European Investment Bank to prohibit lending for construction of coal power plants that will emit more than 550g CO2/kWh; emphasises that without financial support to develop CCS, the introduction of stringent emissions performance standards will be essential, and therefore calls on the Commission to propose an emission performance standard of 350g CO2/kWh for new power plants from 2015 to ensure that no more coal-fired power plants are built in the EU unless equipped with CCS and to apply the same standard for old plants from a later date;
Amendment 95 #
2013/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 106 #
2013/2079(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises the concern of potential CCS developers that the requirements of the CCS Directive appear one-sided, may require private companies to accept excessive liability for CO2 storage despite their work being approved by a Member State's competent authority, and could pose a significant deterrent to investment;
Amendment 117 #
2013/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Fully accepts that any accidentalHighlights that any release of CO2 from a storage site must be prevented, butand believes that Member States must share the liability once they have authorised a storage site and approved the conditions for its use; insists that the details of such liability should be a matter for negotiation between potential operators and the competent authorityoperators must be fully liable in case of any release;
Amendment 126 #
2013/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Suggests thatRecalls the CCS Directive requirement that in the event of CO2 leakage, operators must surrender allowances does not take into account the costly remedial efforts required; fears that this obligation puts a further obstacle in the way of CCS development; calls on the Commission to propose a revision in its assessment of the CCS Directivcorresponding to the amount emitted to the atmosphere;
Amendment 132 #
2013/2079(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Insists that it is no longer acceptable to invest in power plants or industrial installations likely to emit large quantities of CO2 without regard to how this will be reduced in future;
Amendment 142 #
2013/2079(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the various initiatives to make use of CO2 in ways that reduce overall emissions into the atmosphere; calls in particular for the Commission urgently to assess the potential ofor the use of CO2 to enhance oil and gas recovery within the EUproduce sustainable transport fuel within the EU, for example through a microbial biodegradation process that produces liquid fuels from industrial waste gases such as CO2;
Amendment 36 #
2013/0239(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Adequate planning of waste shipment inspections is necessary to establish the capacity needed for waste shipment inspections and effectively prevent illegal shipments. The provisions on enforcement and inspections in Article 50 of Regulation (EC) No 1013/2006 should therefore be strengthened with a view to ensuring regular and consistent planning of inspections. Planning should include a number of key elements, including risk assessments, strategies, objectives, priorities, numbers and types of planned inspections, assignment of tasks, means of cooperation between authorities and provisions on training of inspectors. Taking a holistic approach, the Union will evaluate whether the individual member states' plans are able to ensure effective inspection, coverage and compliance with this Regulation
Amendment 69 #
2013/0239(COD)
Proposal for a regulation
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Regulation (EC) No 1013/2006
Article 50 – paragraph 2 a – subparagraph 2
Article 50 – paragraph 2 a – subparagraph 2
Amendment 97 #
2013/0224(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 101 #
2013/0224(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To minimise the administrative burden for ship owners and operators, reporting and publication of reported information should be organised on an annual basis. By restricting the publication of emissions, fuel consumption and efficiency-related information to annual averages per route and aggregated figures, confidentiality issues should be addressed. The data reported to the Commission should be integrated with statistics to the extent that these data are relevant for the development, production and dissemination of European statistics in accordance with Commission Decision 2012/504/EU of 17 September 2012 on Eurostat18. __________________ 18 OJ L 251, 18.9.2012, p. 49. OJ L 251, 18.9.2012, p. 49.
Amendment 104 #
2013/0224(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Based on experience from similar tasks related to maritime safety, the European Maritime Safety Agency (EMSA) should support the Commission by carrying out certain tasks i.e., carrying out horizontal analysis in relation to the implementation of the legislation and reporting on the outcome of the visits and inspections cycles undertaken by it.
Amendment 117 #
2013/0224(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2) emissions and other climate relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State in order to promote the reduction of CO2 emissions from maritime transport in a cost effective manner.
Amendment 134 #
2013/0224(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent, comparable, and exhaustive manner that enables the reproduction of the determination of emissions by the verifier.
Amendment 147 #
2013/0224(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, for ships falling under the scope of this Regulation for the first time after 1starting from the 1st January 20186, the company shall submit a monitoring plan to the verifier without undue delay and no later than two months after their first call in a port under the jurisdiction of a Member State.
Amendment 149 #
2013/0224(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. The monitoring plan referred to in paragraph 1 shall consist of a complete and, transparent and comparable among Member-States documentation of the monitoring methodology of a specific ship and shall contain at least the following elements:
Amendment 192 #
2013/0224(COD)
Proposal for a regulation
Article 10 – point c
Article 10 – point c
(c) aggregated CO2 emissions from all voyages between ports under a Member State's jurisdiction for every voyage on every route;
Amendment 194 #
2013/0224(COD)
Proposal for a regulation
Article 10 – point d
Article 10 – point d
(d) aggregated CO2 emissions from all voyages which departed from ports under a Member State's jurisdiction for every voyage on every route;
Amendment 196 #
2013/0224(COD)
Proposal for a regulation
Article 10 – point e
Article 10 – point e
(e) aggregated CO2 emissions from all voyages to ports under a Member State's jurisdiction for every voyage on every route;
Amendment 227 #
2013/0224(COD)
Proposal for a regulation
Article 18
Article 18
From 30 June 20197 ships arriving at, within or departing from a port under the jurisdiction of a Member State shall carry on board a valid document certifying the ship's compliance with the reporting and monitoring obligations for the concerned reporting period, issued in accordance with Article 17.
Amendment 85 #
Amendment 92 #
2013/0157(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 94 #
2013/0157(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Whereas: The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning of the trans- European transport network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requirements. Social standards in European maritime ports will be maintained in full and will not be called into question by this Regulation. This Regulation will likewise not impose restrictions on the right to strike.
Amendment 103 #
2013/0157(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In the Communication on the Single Market Act II Together for new growth6, the Commission has recalled that the attractiveness of maritime transport is dependent on the availability efficiency and reliability of port services and the necessity of addressing questions regarding the transparency of public funding and port charges, administrative simplification efforts in ports and reviewing restrictions on the provision of services at ports. __________________ 6 COM(2012) 573 final (3.10.2012)
Amendment 126 #
2013/0157(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and socially and environmentally sound port management, the managing body of the port should be able to require that port service providers and subcontractors can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service. Service providers should work in a manner consistent with all safety provisions, environmental protection requirements and labour and wage agreements and rules.
Amendment 136 #
2013/0157(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 139 #
2013/0157(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users, the availability of the port service all year long or the affordability of the port service to certain category of users, through the provision of safe, environmentally and socially sound and sustainable port services.
Amendment 153 #
2013/0157(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain thebe given full power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it shouldmust be possible, now and in the foreseeable future, for the competent authorities to ask the chosen service operator to apply the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11. __________________ 11 OJ L 82, 22.03.01, p. 16. OJ L 82, 22.03.01, p. 16.
Amendment 157 #
2013/0157(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive …/…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non- discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port serviceDredging, port reception facilities, mooring and towage and pilotage will be excluded from the scope of this Regulation.
Amendment 184 #
2013/0157(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 189 #
2013/0157(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 199 #
2013/0157(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 218 #
Amendment 223 #
Amendment 226 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
Amendment 228 #
Amendment 232 #
Amendment 240 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 245 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 249 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 254 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 263 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 285 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) compliance with social and labour standards, including the provisions on health protection and accident prevention;
Amendment 303 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the scarcity or reserved use of land provided that the managing body can demonstrate that the land constitutes an essential port facility to provide thsafe, environmentally and socially sound and sustainable port services and that the limitation is in accordance with the formal development plan of the port as agreed by the management body of the port and where appropriate any other public competent authorities according to the national legislation;
Amendment 317 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 321 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 325 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 328 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 329 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 343 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The exercise of the right to collective bargaining and collective measures, including the right to strike, shall not constitute grounds for taking emergency measures. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 370 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port mayMember States shall require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC. This Directive does not preclude Member States from safeguarding transfer conditions of employees' rights other than those covered by Directive 2001/23/EC. Member States shall be required to take into account labour and social standards more favourable to the workers, established by national laws, regulations or administrative provisions or collective agreements or agreements concluded between the social partners.
Amendment 382 #
2013/0157(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services and passenger services. Article 24 shall likewise not apply to dredging, port reception facilities, pilotage, towage and mooring.
Amendment 444 #
2013/0157(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or othernsure that port users whicho are requested to pay an infrastructure charge, or a port servictheir representatives, are informed in an appropriate manner, prior to the setting of the charge, or both. This committee shall be called the "port users' advisory committee"f the structure and of the criteria for fixing the level of charges, in particular when significant changes are made to charges.
Amendment 449 #
2013/0157(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users' advisory committee on the structure and level of such charges. The providers of port services as referred to inProviders of port services within the meaning of Articles 6 and in Article 9 shall consult on an annual basiport users prior to the setting of port service charges the port users' advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation and shall be informedport-service providers shall inform the managing body of the port of the resultsoutcome of the consultation by the providers of port services.
Amendment 457 #
2013/0157(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators and public administrations operating in the port area, environmental groups and workers' representatives on the following:
Amendment 463 #
Amendment 511 #
2013/0157(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 23 #
2013/0150(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In order for the system established by this Regulation to operate effectively, there should be good cooperation, coordination and exchange of information between the Member States, the Agency and the Commission regarding enforcement.
Amendment 37 #
2013/0150(COD)
Proposal for a regulation
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Regulation 528/2012/EU
Article 74 – paragraph 2
Article 74 – paragraph 2
Amendment 40 #
2013/0150(COD)
Proposal for a regulation
Article 1 – point 8 b (new)
Article 1 – point 8 b (new)
(8b) (ka) providing support and assistance to Member States with regard to control and enforcement activities.
Amendment 43 #
2013/0150(COD)
Proposal for a regulation
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Regulation 528/2012/EU
Article 78 – paragraph 2 – subparagraph 2
Article 78 – paragraph 2 – subparagraph 2
(9a) In Article 78(2), the second subparagraph shall be replaced by the following: "Revenue of the Agency referred to in Article 96(1) of Regulation (EC) No 1907/2006 shall not be used for carrying out tasks under this Regulation, unless it is for a joint purpose. Revenue of the Agency referred to in paragraph 1 of this Article shall not be used for carrying out tasks under Regulation (EC) No 1907/2006., unless it is for a joint purpose."
Amendment 51 #
2013/0150(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation 528/2012/EU
Article 95 – paragraph 7 a (new)
Article 95 – paragraph 7 a (new)
7a. Following the renewal of the approval of an active substance, any substance supplier or product supplier may submit to the Agency a letter of access to all the data which was considered by the evaluating competent authority as relevant for the purpose of the renewal, and for which the protection period has not yet expired (the 'relevant data'). Following the renewal of the approval of an active substance, the Agency shall remove from the list referred to in paragraph 1 any substance supplier or product supplier included therein who has not within 6 months from the renewal submitted all the relevant data or a letter of access to all the relevant data, either in accordance with the second subparagraph of paragraph 1 or in an application in accordance with Article 13.
Amendment 86 #
2013/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Longer vehicles mayand/or heavier vehicles should not be used in cross- border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant. Cross-border operations would impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respecand contradict the principle of EU-wide standardisation of weights and dimensions in international transport.
Amendment 155 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Amendment 132 #
2013/0072(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EC) No 261/2004 should explicitly include the right to compensation for passengers suffering long delays, in line with the judgement of the European Court of Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon). At the same time, the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence. To ensure that citizens travelling within the EU face homogenous conditions for compensation, the threshold should be the same for all travel within the Union, but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports.
Amendment 140 #
2013/0072(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration. This uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier's financial stability. An air carrier should therefore be able to limit the provision of care after a certain duration of time. Moreover, whilst providing to passengers adequate contingency planning and speedy rerouting shouldin order to lessen the risk of passengers being stranded for long periods.
Amendment 142 #
2013/0072(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 151 #
2013/0072(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should receive a reply within a reasonable time periodshorter period as possible. Passengers should also have the option to complain about air carriers via out-of-court measures. However, since the right to an effective remedy before a tribunal is a fundamental right recognised in Article 47 of the Charter of Fundamental Rights of the European Union, those measures should neither prevent nor hinder passengers' access to courts.
Amendment 208 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point p
Article 2 – point p
“air journey” means a flight or a continued series of connecting flights transporting the passenger from an airport of departure to his final destination in accordance with the contract of carriage;
Amendment 262 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 5
Article 4 – paragraph 5
Where the passenger, or an intermediary acting on behalf of the passenger, reports a spelling mistake in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding, the air carrier shall correct this at least once up until 248 hours before departure without any additional charge to the passenger or the intermediary, except where it is prevented from doing so by national or international law.
Amendment 275 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 261/2004
Article 5 – paragraph 3
Article 5 – paragraph 3
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken. Such extraordinary circumstances can only be invoked in so far they affect the flight concerned or the previous flight operated by the same aircraft.
Amendment 281 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5
Article 5 – paragraph 5
At airports whose annual traffic has been not less than threeone and a half million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport and of airport users, in particular the air carriers and the suppliers of ground handling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and/or delays of flights leading to a considerable number of passengers stranded at the airport, including in cases of airline insolvency or revocation of the operating licence. The contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers. The managing body of the airport shall communicate the contingency plan and any amendments to it to the National Enforcement Body designated pursuant to Article 16. At airports below the above- mentioned threshold, the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations.
Amendment 350 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where a tarmac delay exceeds one hour, the operating air carrier shall provide free of charge access to toilet facilities and drinking water, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of five hour90 minutes, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or security- related reasons why the aircraft cannot leave its position on the tarmac.
Amendment 430 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 432 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 261/2004
Article 10 – paragraph 2 – point (a), (b) and (c)
Article 10 – paragraph 2 – point (a), (b) and (c)
10. In paragraph 2, points (a), (b) and (c) of Article 10, the term ‘price of the ticket’ is replaced by ‘flighair ticket price’.
Amendment 499 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16 a – paragraph 5
Article 16 a – paragraph 5
Within 7 days of receiving the complaint, the designated body shall confirm receipt of the complaint and shall send a copy to the appropriate National Enforcement Body. The time taken to provide the final reply to the complainant shall not be longer than threewo months from the receipt of the complaint. A copy of the final reply shall also be provided to the National Enforcement Body.
Amendment 583 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point vii
Annex 1 – paragraph 1 – point vii
Amendment 595 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 2 – point ii
Annex 1 – paragraph 2 – point ii
unavailability of flight crew or cabin crew (unless caused by labour disputes).
Amendment 38 #
2013/0029(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the European Commission proposal;
Amendment 40 #
2013/0029(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Over the past decade, the growth of passenger traffic by rail has been insufficient to increase its modal share in comparison to cars and aviation. The 6 % modal share of passenger transport for rail in the European Union has remained fairly stable. Rail passenger services have not kept pace with evolving needs in terms of offer or qualityinland transport, on average, in the EU 15 group, while the same average has not been gained in the Member States who joined the Union in 2004, 2007 and 2013. Changes in rail's modal share are not correlated with the governance structures in place in the different Member States.
Amendment 45 #
2013/0029(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area establishes a single European railway area with common rules on the governance of railway undertakings and infrastructure managers, on infrastructure financing and charging, on conditions of access to railway infrastructure and services and on regulatory oversight of the rail market. With all these elements in place, it is now possible to complete the opening of the Union railway market and reform the governance of infrastructure managers with the objective of ensuring equal access to the infrastructure.
Amendment 48 #
2013/0029(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 57 #
2013/0029(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should also ensure that all functions necessary to the sustainable operations, maintenance, and development of the rail infrastructure will be managed in a consistent manner by the infrastructure manager itself or by the concerned independent body as set in national rules.
Amendment 63 #
2013/0029(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Cross-border issues should be addressed efficiently between infrastructure managers or independent bodies of the different Member States through the establishment of a European network ofby means of enhanced cooperation among infrastructure managers.
Amendment 67 #
2013/0029(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 80 #
2013/0029(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The existing requirements for the independence of infrastructure managers from railway transport undertakings, as laid down in Directive 2012/34/EU, only cover the essential functions of the infrastructure manager, which are the decision-making on train path allocation, and the decision- making on infrastructure charging. It is however necessary that all the functions are exercised in an independent way, since other functions may equally be used to discriminate against competitors. This is in particular true for decisions on investments or on maintenance which may be made to favour the parts of the network which are mainly used by the transport operators of the integrated undertaking. Decisions on the planning of maintenance works may influence the availability of train paths for the competitors.
Amendment 90 #
2013/0029(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The existing requirements of Directive 2012/34/EU only include legal, organisational and decision-making independence. This does not entirely exclude the possibility of maintaining an integrated undertaking, as long as these three categories of independence are ensured. Concerning the decision-making independence it must be ensured that the appropriate safeguards exclude control of an integrated undertaking over the decision-making of an infrastructure manager. However, even the full application of such safeguards does not completely remove all the possibilities for discriminatory behaviour towards competitors which exist in the presence of a vertically integrated undertaking. In particular, the potential for cross- subsidisation still exists in integrated structures, or at least it is very difficult for regulatory bodies to control and enforce safeguards which are established to prevent such cross-subsidisation. An institutional separation of infrastructure management and transport operation is the most effective measure to solve these problems.
Amendment 93 #
2013/0029(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 100 #
2013/0029(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 108 #
2013/0029(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 115 #
2013/0029(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Granting Union railway undertakings the right of access to railway infrastructure in all Member States for the purpose of operating domestic passenger services may have implications for the organisation and financing of rail passenger services provided under a public service contract. Member States should have the option of limiting such right of access where it would compromise the economic equilibrium ofand the social cohesion and right to mobility as required and adopted in those public service contracts and w. The re approval has been given by the relevant regulatory bodylevant regulatory body should consider these concerns when giving its approval to such limitations.
Amendment 119 #
2013/0029(COD)
Proposal for a directive
Recital 18
Recital 18
(18) When assessing whether the economic equilibrium of the public service contract would be compromised, regulatory bodies should consider the economic and social impact of the intended service on existing public service contracts taking into account its impact on the profitability of any services included in such public service contracts and the consequences for the enhancing cohesion policy in the concerned area and the net cost to the competent public authority that awarded the contracts. To make this assessment, factors such as passenger demand, ticket pricing, ticketing arrangements, location and number of stops and the timing and frequency of the proposed new service should be examined.
Amendment 135 #
2013/0029(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The Commission should assess the impact of this Directive on the development of the labour market for railway staff.
Amendment 141 #
2013/0029(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
Amendment 158 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2012/34/EU
Article 3 – point 2
Article 3 – point 2
Amendment 167 #
Amendment 180 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2012/34/EU
Article 3 – point 31 – indent 3a (new)
Article 3 – point 31 – indent 3a (new)
- an undertaking consisting of distinct divisions, including an infrastructure manager and one or several divisions providing transport services that do not necessarily have distinct legal personalities;
Amendment 189 #
Amendment 197 #
Amendment 251 #
Amendment 283 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 b
Article 7 b
Amendment 354 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 c
Article 7 c
Amendment 392 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7d – paragraph 1
Article 7d – paragraph 1
1. Member States shall ensure that infrastructure managers set up and organise Coordination Committees for each network. Membership of this committee shall be open at least to the infrastructure managers or bodies responsible for the essential functions, known applicants in the sense of Article 8(3) and, upon their request, potential applicants, their representative organisations, representatives of users of the rail freight and passenger transport services and, where relevant, regional and local authorities. Member State representatives and the regulatory body concerned shall be invited to the meetings of the Coordination Committee as observers.
Amendment 412 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7e – title
Article 7e – title
Amendment 419 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1 – subparagraph 1
Article 7 e – paragraph 1 – subparagraph 1
Amendment 425 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 1, subparagraph 2
Article 7 e – paragraph 1, subparagraph 2
Amendment 430 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7e – paragraph 2
Article 7e – paragraph 2
Amendment 437 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2012/34/EU
Article 7 e – paragraph 3
Article 7 e – paragraph 3
Amendment 444 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 2012/34/EU
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Railway undertakings shall be granted, under equitable, non-discriminatory and transparent conditions, the right of access to railway infrastructure in all Member States for the purpose of operating all types ofinternational rail passenger services. Railway undertakings shall have the right to pick up passengers at any station and set them down at another. That right shall include access to infrastructure connecting service facilities referred to in point 2 of Annex II.
Amendment 447 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2012/34/EU
Article 10 – paragraphs 3 and 4
Article 10 – paragraphs 3 and 4
Amendment 454 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2012/34/EU
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States may limit the right of access provided for in Article 10(2) to passenger services between a given place of departure and a given destination when one or more public service contracts cover the same route or an alternative route if the exercise of this right would compromise the economic equilibrium of theand the social cohesion and right to mobility as required and adopted in the concerned public service contract or contracts in question.
Amendment 465 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(da) new the civil society representatives including both the concerned local public authorities and the customer associations.
Amendment 473 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point d
Article 1 – point 6 – point d
Directive 2012/34/EU
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 491 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2012/34/EU
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. Without prejudice to Regulation (EC) No 1371/2007 and Directive 2010/40/EU, Member States may require railway undertakings operating domestic passenger services to participate in a common information and integrated ticketing scheme for the supply of tickets, through- tickets and reservations or decide to give the power to competent authorities to establish such a scheme. If such a scheme is established, Member States shall ensure that it does not create market distortion or discriminate between railway undertakings regardless the degree of opening the rail services to the market and that it is managed by a public or private legal entity or an association of all railway undertakings operating passenger services.
Amendment 508 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2012/34/EU
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 41 #
2013/0028(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the European Commission proposal;
Amendment 49 #
2013/0028(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) When competent authorities organise their public passenger transport services they need to ensure that public service obligations and the geographical scope of public service contracts are appropriate, necessary and proportionate to achieve the objectives of the public passenger transport and cohesion policy in their territory. This policy should be set out in public transport plans leaving scope for market based transport solutions. The process of defining public transport plans andwhere the public service obligations should be made transparent to all relevant stakeholders including potential market entrants.
Amendment 55 #
2013/0028(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is particularly important that competent authorities comply with these criteria for public service obligations and the scope of public service contracts if the market for public passenger transport by rail is to run smoothly, because open access transport operations need to be well coordinated with those under public service contract. For this reason, the independent rail regulatory body should ensure that this process is correctly applied and transparent by the competent authorities who remain the main responsible in delivering such contracts.
Amendment 56 #
2013/0028(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 60 #
2013/0028(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To facilitate the preparation of tenders, and hence enhance competichoice of the awarding procedure more consistent with general public service obligations competent authorities need to ensure that all public service operators interested in making such a submission receive certain information on the transport services and infrastructure covered by the public service contract.
Amendment 63 #
2013/0028(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Certain upper limits for the direct award of public service contracts need to be adapted for rail transport to the specific economicSpecific economic and social conditions under which tender procedures could take place in this sector should reflect public service contracts needs adapted accordingly for rail transport.
Amendment 76 #
2013/0028(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The establishment of an Internal Market for passenger transport services by rail requires common rules on adequate social protection and on competitive tendering for public service contracts in this sector to be applied in a harmonised manner in all Member States preventing any economic and social dumping.
Amendment 82 #
2013/0028(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In view of creating framework conditions for enabling society to fully reap the benefits of effective opening of the market for domestic passenger transport services by rail it is important that Member States ensure in any case an adequate level of social protection for the staff of public service operators on a national, regional and local level. The adequate level should be a compulsory prerequisite for operating rail passenger services and guaranteed by national law and or by sector wide collective agreements both setting clear social standards and requiring the compulsory transfer of staff for the relevant sector.
Amendment 90 #
2013/0028(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) When defining the scope of the Public service Obligations, Competent Authorities may take into consideration the relevant network effects.
Amendment 112 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No. 1370/2007
Article 2 – point c
Article 2 – point c
Amendment 132 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No. 1370/2007
Article 2 – point e
Article 2 – point e
Amendment 152 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1
Article 2 a (new) – paragraph 1 – subparagraph 1
1. Competent authorities shall establish and regularly update multiannual public passenger transport plans covering all relevant transport modes for the territory for which they are responsible. These public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least include:
Amendment 166 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Amendment 173 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Amendment 180 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Amendment 190 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 2
Article 2 a (new) – paragraph 1 – subparagraph 2
In establishing public transport plans, competent authorities shall have regard in particular to applicable rules regarding passenger rights as provided by Regulation (EC) 1371/2007, social, employment and environmental protection by consulting the relevant stakeholders and social partners. It shall also take into account the applicable rules regarding energy efficiency and CO2 reduction targets. Environmental reliability, sustainability and internalisation of external costs shall also be considered in establishing public transport plans.
Amendment 199 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 2
Article 2 a (new) – paragraph 2
2. The establishment of public service obligations and the awardto be included in the schemes of public service contracts shall be consistent with the applicable public transport plans taking into account, when referring to rail transport, the transport services provided under Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) and considering all information given to the infrastructure managers and regulatory bodies pursuant to that Directive.
Amendment 202 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 3
Article 2 a (new) – paragraph 3
Amendment 226 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 4 – subparagraph 1 – point b
Article 2 a (new) – paragraph 4 – subparagraph 1 – point b
financially sustain the provision of public passenger transport in accordance to the requirements laid down in the public transport plan in the long termthe long term avoiding both over and/or under compensation..
Amendment 246 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No. 1370/2007
Article 2 a (new) – paragraph 6 – point b
Article 2 a (new) – paragraph 6 – point b
Amendment 272 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No. 1370/2007
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 296 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No. 1370/2007
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 330 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No. 1370/2007
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 349 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 1
Article 5 a (new) – paragraph 1
Member States shall in compliance with State aid rules take the necessary measures to ensure effective and non-discriminatory access conditions to suitable rolling stock for public passenger transport by rail with the exceptions of other track-based modes as metro and tramways for operators wishing to provide public passenger transport services by rail with the exception of other track-based modes as metro or tramways services under public service contract.
Amendment 354 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 1
Article 5 a (new) – paragraph 2 – subparagraph 1
Where rolling stock leasing companies which provide for the leasing of rolling stock referred to in paragraph 1 under non- discriminatory and commercially viable conditions to all of the public rail passenger transport operators concerned do not exist in the relevant market, Member States shall ensure that the residual value risk of the rolling stock is borne by the competent authority in compliance with State aid rules, when operators intending and able to participate in tendering procedures for public service contracts so request in order to be able to participate in tendering procedures.
Amendment 360 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 2
Article 5 a (new) – paragraph 2 – subparagraph 2
Amendment 376 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 2 – subparagraph 3
Article 5 a (new) – paragraph 2 – subparagraph 3
Amendment 383 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 5
Article 1 point 5
Regulation (EC) No. 1370/2007
Article 5 a (new) – paragraph 4
Article 5 a (new) – paragraph 4
Amendment 397 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point a
Article 1 point 8 – point a
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
2. Without prejudice to paragraph 3, the award of public service contracts by rail with the exception of other track-based modes such as metro or tramways shall comply with Article 5(3) as from 3 December 2019. All public service contracts by other track-based modes and by road must have beenbe awarded in compliance with Article 5(3) by as from 3 December 2019 at the latest. During the transitional period running until 3 December 2019, Member States shall take measures to gradually comply with Article 5(3) in order to avoid serious structural problems in particular relating to transport capacity or relating to integrated transport networks.
Amendment 402 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point b
Article 1 point 8 – point b
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
Amendment 410 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point c
Article 1 point 8 – point c
Regulation (EC) No. 1370/2007
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 413 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No. 1370/2007
Article 9 a (new)
Article 9 a (new)
Amendment 2 #
2012/2259(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that renewable energy is being developed in the Member States with a view to meeting the targets set for 2020; calls on the Commission to propose rational goals up to 2030, which should take into account the proportion of electricity to bbring forward, without delay, a proposal for a climate and energy package for 2030, including binding and ambitious targets on greenhouse gas reductions, energy efficiency and renewable generated from renewable sources, energy efficiency, clean conventional energy technologies, and CO2 storagegy in order to transform the EU into a highly efficient, nearly100% RES based economy by 2050; points out that such action give industry the investment certainty it requires, creates employment, promotes the EU's energy independence, and fosters technological leadership and industrial innovation;
Amendment 12 #
2012/2259(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that a climate target alone will not steer sufficient investment into renewable energies and energy savings, which have to deliver the lion's share of the needed emission reductions of 80-95% in 2050; Endorses that these two 'no- regrets' options as identified in the Energy Roadmap for 2050 must be a central pillar of the post-2020 framework;
Amendment 17 #
2012/2259(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Agrees with the Commission that strong renewables growth to 2030 could generate over 3 million jobs;
Amendment 18 #
2012/2259(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that renewable energy is not being developed separately, but as part of the overall energy systemConsiders that European energy policy must be refocused on the development, deployment and distribution of renewable energy; calls on the EU Member States and the commissions to raise the EU's ambitions and increase the renewable energy target to 30% renewable by 2020, with a further additional binding target of 45% in 2030 and additional indicative targets for 2040 and 2050; calls on the European Commission to urgently deliver legislative proposals to revise the climate and energy package to this end so that long term security for investors and innovators is ensured; reiterates that funding needs to be allocated under the Connecting Europe programme to finance the development of ICT-based smart grids so as to enable renewable energy to be incorporated more comprehensively and improve the stability of transfer systems;
Amendment 26 #
2012/2259(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the lack of a high renewables and energy efficiency scenario in the Energy Roadmap 2050 that could assume a greater share of renewable energy in the EU energy mix;
Amendment 27 #
2012/2259(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 37 #
2012/2259(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls the council conclusions on renewable energy which demand the phasing out of fossil fuel subsidies; calls on Member States to phase out fossil and nuclear subsidies;
Amendment 42 #
2012/2259(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that because many EU power plants will need to be decommissioned or upgraded in the coming 10 years and as fossil fuel prices will increase steadily, energy prices are set to rise no matter what the energy mix is; emphasises that some renewables such as onshore wind and solar PV are already competitive on costs compared to nuclear and CCS which makes them the most cost-effective option for decarbonisation; notes that increases in energy bills should first and foremost be tackled by energy efficiency and saving measures; stresses that energy must be affordable for all and that special attention should be paid to vulnerable consumers and low income households; calls on Member States to define the concept of vulnerable customers and to take the necessary measures to ensure that those consumers are effectively protected;
Amendment 46 #
2012/2259(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is concerned by abrupt changes in national support mechanisms for renewable energy, in particular by retroactive changes or freezes in support; calls on Member States to provide stable frameworks for investment in renewable energy, including regularly reviewed support schemes and streamlined administrative procedures;
Amendment 48 #
2012/2259(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the need for energy and CO2public R&D investments in renewable technologies, energy savings technologies and energy storage technologies; maintains that funding needs to be allocated under the Horizon 2020 programme to finance the development of energy and CO2 storathese technologies; calls on the Commission to fully explore with the European Investment Bank and national public institutions possibilities to dedicate funds within the current and future EU budget technologieowards the financing of renewable energy projects;
Amendment 59 #
2012/2259(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that research and development focusing on the efficient use of waste to produce electricity, gas, and heat are important from the point of view of meeting energy efficiency targets, provided that the energy efficiency standard set in the Waste Framework directive are complied with;
Amendment 67 #
2012/2259(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission, the member States and the National Regulatory Authorities to provide the Agency for the Cooperation of Energy Regulators (ACER) with the wherewithal to perform its duties and achieve the goals laid down in the regulation on wholesale energy market integrity and transparency; notes that this is necessary in order to complete an integrated and transparent internal electricity and gas market by 2014.
Amendment 83 #
2012/2259(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Agrees with the Commission that strong renewables growth to 2030 could generate over 3 million jobs;
Amendment 500 #
2012/2259(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on the Commission to set a binding target of 45% for renewable energy for the year 2030, based on the continuation of the successful approach adopted with the climate and energy package, to ensure long-term certainty for investors and generate millions of jobs out of crisis;
Amendment 1 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 1
Section 1 – paragraph 1
1. Welcomes the EU'Calls on the EU to step up its commitment to reduce greenhouse gas emissions in order to realise the 2°C goalat least 30% in 2020 compared to 1990 in order to stay below a 2°C increase in global temperature rises and to consider strengthening the long-term goal referencing various matters by science, including in relation to temperature rises of 1.5°C;
Amendment 12 #
2012/2103(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises the benefits to Member States of working together for an energy system transformation which must start now; endorses, therefore, the Commission's Energy Roadmap 2050 as the basis for proposing legislative and other initiatives on energy policy with a view to developing a policy framework for 2030, including milestones and targets; notes that defining energy targets for 2050 assumes pan- European governance; pursues, within the spirit of the Union, a strategy that will allow Member States to cooperate and not feel repressed under the Roadmap; calls on the Commission to propose a Climate and Energy Package, including strong 2030 targets for renewables, greenhouse gas emission reductions and energy efficiency;
Amendment 14 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 2
Section 1 – paragraph 2
2. Finds it regrettable that the Commission has based all decarbonisation scenarios on the assumption of global climate action and has not carried out any analysis to identify the EU's ambitions in the event that global action is delayedStresses that the EU needs to act on climate change regardless of progress towards a global climate change agreement due to fossil fuel cost savings and the significant benefits of fostering renewable energies;
Amendment 22 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 3
Section 1 – paragraph 3
3. Supports the conclusion that decarbonisation of the EU by 2050 is feasible and will require high levels of investmentsthat the overall system costs for all decarbonisation pathways will be very similar; cCalls on the Commission to create stability for investors by reducing over-regulation and by setting a clear, technology-neutral goalputting forth proposals on the post-2020 policy framework;
Amendment 36 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 4
Section 1 – paragraph 4
4. Calls on the Commission to propose a clear 2030 goal by setting a singleClimate and Energy Package, including strong 2030 targets for CO2 reductionrenewables, greenhouse gas emission reductions and energy efficiency; reiterates the need to meet the milestones for emission reduction stated in the low-carbon roadmap and to put forward all needed measures promptly;
Amendment 49 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 5
Section 1 – paragraph 5
5. Calls on the Commission to develop sound ways of financpropose a binding renewable energy target for 2030; points out that such action gives industry the investment certainty it requires and therefore enables investments ing the energy transition, including a strengthened ETS, innovation initiatives such as Horizon 2020, and market-based mechanisms; towards a sustainable European energy system; calls on the Commission to take into account the benefits of a transition to renewable energies that will occur in other sectors, for example a decline in chronic diseases due to reduced air pollution;
Amendment 50 #
2012/2103(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of the EU's energy policy amidst the financial crisis; emphasises the role that energy could potentially play in spurring growth and competitiveness in the EU; calls on the Commission to propose post-2020 strategies and to present aa binding renewable energy target for 2030; policy framework for European energy policy; encourages the Member States to step up their ongoing efforts to reach the current 2020 targets in the area of EU energy policyints out that such action give industry the investment certainty it requires, significantly reduces greenhouse gas emissions, creates employment, promotes the EU's energy independence, and fosters technological leadership and industrial innovation;
Amendment 55 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 5 a (new)
Section 1 – paragraph 5 a (new)
Amendment 58 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 6
Section 1 – paragraph 6
6. Calls on the Commission to step up the development and deployment of low- carbonrenewable technologies, to strengthen the role of renewable energy sources – including by increasing their commercialisation, to step up the efficient use of energy sources, and to phase out fossil fuel subsidies that encourage wasteful consumption;
Amendment 72 #
2012/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a clear policy and regulatory framework will stimulate the necessary investments for low-carbonrenewable energy investments; Underlines the importance of an energy strategy focused on increasing the EU's energy security and economic competitivenessindependence through measures such as the diversification of supply routes and sources, namely renewable energies and energy efficiency;
Amendment 82 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 7 a (new)
Section 1 – paragraph 7 a (new)
Amendment 84 #
2012/2103(INI)
Draft opinion
Section 1 – paragraph 7 b (new)
Section 1 – paragraph 7 b (new)
7b. Notes the increased activity surrounding the exploration of oil and gas fields Mediterranean Sea and the Arctic; believes that the EU should promote the development of an international legal framework for the protection of the High Arctic, as it has been established for the Antarctic in the Antarctic Treaty and the Protocol on Environmental Protection; For other parts of the Arctic in exclusive economic zones of EU member states and the European Economic Area (EEA), there is an urgent need for the proposed regulation on the safety of offshore oil and gas to include drilling requirements that ensure that remote areas are not exposed to a higher risk than other areas and that extreme operating conditions, such as long lasting darkness, icy conditions or deep water, are accurately reflected in the authorisation process;
Amendment 104 #
2012/2103(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the conclusions reached in the Energy Roadmap that the transition of the energy sector on an EU-wide scale is technically and economically feasible, and could be less costly in the long-run than a continuation of current policies under certain assump, even more so when taking into account benefits occurring in other sectors such as a decline in chronic diseases due to reduced air pollutions;
Amendment 118 #
2012/2103(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the transition of the energy sector should follow the principle of coherence with Community policies in the field of the environment, for example the 6th Environmental Action Programme targets for the reduction of outdoor air pollution;
Amendment 122 #
2012/2103(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that an assessment of the costs and benefits of different scenarios for energy transition should include the costs and benefits that will occur in other sectors, such as decreasing rates of chronic cardiovascular and respiratory diseases resulting from reductions in air pollution;
Amendment 145 #
2012/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises that a higher share of renewable energy beyond 2020 is a key aspect of a more sustainable energy system; recognises, furthermore, that all of the decarbonisation scenarios explored in the Commission communication assume an increased share of renewable energy in the EU energy mix of around 30% in gross final energy consumption in 2030; highlights the lack of a high renewables and energy efficiency scenario in the Energy Roadmap 2050 that could assume a greater share of renewable energy in the EU energy mix;
Amendment 157 #
2012/2103(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that improved energy efficiency and energy savings will play an essential role in the transformation of the energy system, and that meeting the 2020 objectives is an important basis for further progress up to 2050; recommends, in this respect, that an energy efficiency be integrated into national educational curricula in the Member Statestarget for 2030 be proposed as part of a new Climate and Energy Package;
Amendment 206 #
2012/2103(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that a more European approach to renewable policy is key in the medium to long term while acknowledging the need for a differentiated approach between Member States to continue post- 2020; encourages Member States to work together in order to optimise the cost efficiency of renewables expansion and to ensure that investments are made where they will be most productive and efficient, taking into account the specific characteristics of Member States; highlights, in this context, the Commission's important role as a facilitator; points out that renewables will, in the long term, move to the centre of the energy mix in Europe, as they progress from technology development to mass production and deployment, from small- scale to larger-scale – integrating local and more remote sources – and from subsidised tobecome more competitive; emphasises that the changing nature of renewables requires changes in policy to be made with a view to achieving greater market integrataking into account the benefits of a transition to renewable energies that will occur in other sectors, for example a decline in chronic diseases due to reduced air pollution; highlights the need for support schemes to be phased out ascontinued for specific technologies ands supply chains mature and market failureachieve competitiveness and market distortions of fossil fuels are resolved;
Amendment 249 #
2012/2103(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 285 #
2012/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the new challengesAcknowledges the elements of a new energy system, such as the need for flexible resources in the power system (e.g. flexible generation, storage, demand management), that will arise as the contribution of variable renewable generation increases; stresses the need to have sufficient capacity availabledevelop these elements without delay to ensure security of electricity supply; stresses, in this regard, that policy developments in Member States should not create new barriers to electricity- or gas- market integration;
Amendment 290 #
2012/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 299 #
2012/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 313 #
2012/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 332 #
2012/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Agrees with the Commission that natural gas will be critical forcknowledges that conventional natural gas will play a role as a transition fuel in the transformation of the energy system, since it represents a quick and cost-efficient way of reducing reliance on other more polluting fossil fuels, therebywhich could help lowering greenhouse gas emissions;
Amendment 341 #
2012/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the keycentral role of garenewables, both in the transition to a low-carbonsustainable energy system and as a flexible back-up, and in balancing capacity where renewable energy supplies are variabl options in a future European energy system with a greater share of variable renewables, including greater interconnection and storage;
Amendment 352 #
2012/2103(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that unconventional gas has a role to play in the future EU energy mix, and calls onRecognises the significant environmental and health risks of unconventional gas, and calls on the Member States to establish a moratorium on all related activities until such time as the Commission and the Member States to take the developments surrounding unconventional gas into account when formulating future energy outlookhave carried out full scientific assessments of the impacts surrounding unconventional gas. Any decision to lift a national moratorium must take the results of these scienariostific assessments into account;
Amendment 368 #
2012/2103(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 400 #
2012/2103(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. While recognising that the EU operates in a global context, recalls the November 2011 TTE Council Conclusions on strengthening the external dimension of the EU energy policy, the need for a broader and more coordinated EU approach to international energy relations in order to meet global energy challenges and climate change, address competitiveness and carbon leakage related issues and maintain and promote the highest nuclear safety standards, while at the same time ensuring the safe, secure and diversified supply of energy;
Amendment 404 #
2012/2103(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. StressNotes the need to ensure the energy security of the EU through alternativeincreased activity sources of energy and to reduce import dependency; highlights, therefore, the emerging importance ofrounding the exploration of oil and gas fields in the Mediterranean Sea and the Arctic; believes that there is an urgent need to develop an EU policy on oil and gas drilling at sea, including delineation of EU should promote the development of an international legal framework for the protection of the High Arctic, as it has been established for the Antarctic in the Antarctic Treaty and the Protocol on Environmental Protection; For other parts of the Arctic in exclusive economic zones (EEZs) of EU Mmember Sstates and relevant third countries in accordance with the UNCLOS Convention, to which all EU Member States and the EU as such are signatoriethe European Economic Area (EEA), there is an urgent need for the proposed regulation on the safety of offshore oil and gas to include drilling requirements that ensure that remote areas are not exposed to a higher risk than other areas and that extreme operating conditions, such as long lasting darkness, icy conditions or deep water, are accurately reflected in the authorisation process;
Amendment 414 #
2012/2103(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that the granting of licensing rights for drilling and the delineation of EEZs will become a source of friction with third countries, and the EU should maintain a high political prseek to preclude international discord by pursuing a policy ofi le in this respectgal environmental protection under international law; underlines that energy should be used as a motor for environmental integrity of the Arctic, peace, cooperation and stability;
Amendment 417 #
2012/2103(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes the importance of broad cooperation in the Arctic region, particularly among countries in the Euro- Atlantic sphere; calls, therefore, on the Commission to come forward with a holistic assessment of the benefits and risks of EU involvement in the Arctic, including consideration a policy of legal environmental protection under international law of the uninhabited area of the High Artic that lies around the North Pole in line with the Protocol on Environmental Protection to the Antarctic Treaty and the promotion of international scientific cooperation in the Arctic region;
Amendment 435 #
2012/2103(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recognises that the ETS is the principalan important – though not the only – instrument for reducing industrial emissions and promoting investment in low carbonsustainable technologies; notes that further improvement of the ETS is necessary; notes that anyonly structural changes to the ETS would require a careful assessment of the impact on electricity prices and on the competitiveness of energy-intensive industriesocial, environmental and economic effects; calls on the Commission and the Member States to facilitate the development of innovative, safe and sustainable technological solutions by European industries; Calls on the Commission to come forward with structural measures to strengthen the ETS as done so by Council and Parliament in the Energy Efficiency Directive;
Amendment 447 #
2012/2103(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EU to continue to play an active role in the international negotiations on the global climate deal; takes the opinion that climate diplomacy should come under the umbrella of the European External Action Service (EEAS); stresses that the EU needs to know what the consequences of a failure to conclude a global climate change agreement would be; stresses that the EU needs to act on climate change regardless of a global climate change agreement due to fossil-fuel cost savings and the significant benefits of fostering renewable energies;
Amendment 467 #
2012/2103(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Believes that prices play a crucial role in energy-related investment and energy production; notes that the differentreforms by some Member States' of policies to promote renewable energy show both successes and problemshave contributed to investor uncertainty; takes the opinion that the trecent relativend of increasingly higher prices of fossil fuels promotes the development of renewable energy; notes, however, that in some Member States that the promotion of renewable energy by means of financial support could leads to highcheaper energy prices in the long term;
Amendment 494 #
2012/2103(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recognises the fact that current ETS carbon price will not incentivise investments in low carbon technologies and thus will have a very limited role in driving emission reductions, while risking to lock the EU into carbon-intensive infrastructures for the decades to come;
Amendment 505 #
2012/2103(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Recognises that the ETS is experiencing problems not originally anticipated, and that the accumulating surplus of allowances will depress the incentive to promote low carbon investments for many years to come; notes that this endangers the effectiveness of the ETS as the EU's principal mechanism to reduce emissions in a manner that creates a level playing field for competing technologies, gives companies flexibility to develop their own mitigation strategy, and provides for specific measures to combat carbon leakage. Calls on the Commission to adopt measures to correct the failings of the ETS and to allow it to function as originally envisaged. These measures may include: (a) presenting as soon as possible a report to Parliament and the Council which shall examine, amongst others, the impacts on incentives for investments in low carbon technologies and the risk of carbon leakage. Before the start of the third phase, the Commission shall, if appropriate, amend the regulation referred to in article 10(4) of Directive 2003/87/EC in order to implement appropriate measures which may include withholding the necessary amount of allowances; (b) proposing legislation at the earliest appropriate date to modify the 1.74 % annual linear reduction requirement so as to meet the requirements of the 2050 CO2 reduction target; (c) undertaking and publishing an assessment of the value of establishing a reserve price for the auction of allowances; (d) taking steps to increase the input of relevant information and the transparency of the ETS registry, so as to enable more effective monitoring and evaluation;
Amendment 20 #
2012/2065(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to ensure that all cases of asbestosis and, mesothelioma and related diseases are registered by means of systematic data collection on occupational asbestos diseases, andnd non-occupational asbestos diseases at European level to provide reliable mapping of the presence of asbestos, and thereby contribute to prevention and remedial actions;
Amendment 26 #
2012/2065(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises the key role of asbestos victims' groups and civil society associations, and recommends that the Member States and the EU provide funding fan appropriate fund to support their work and collaborate with them in the establishment of a comprehensive plan to eliminate all remaining asbestos in Europe;
Amendment 31 #
2012/2065(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to accept the 2023 deadline proposed by trade unions for a complete ban on asbestos within the EU, includto anticipate the end of the existing derogation in using chrysotile asbestos diaphragms, andto ensuringe appropriate remediation of all concerned sites, including unsecure landfills, by respecting provisions to safeguard workers' health and exposure to asbestos.
Amendment 34 #
2012/2065(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission and all Member States to improve controls in order to oblige all concerned stakeholders, in particular those involved in asbestos waste treatment in landfills, to respect all health provisions as required by directive 2009/148/EC and by considering asbestos as a dangerous and harmful material, as provided for in directive 1999/31/EC and the updated decision 2000/532/EC;
Amendment 87 #
2012/0337(COD)
Proposal for a decision
Recital 20
Recital 20
(20) EngagementCooperation with non-government actors is important in ensuring the success of the programme and the achievement of its priority objectives.
Amendment 98 #
2012/0337(COD)
Proposal for a decision
Recital 24 a (new)
Recital 24 a (new)
(24a) Further steps to enhance the sustainability of agriculture would be beneficial. Greater emphasis should be given to improving soil quality through the use of rotations, legumes, green manure and integrated crop-livestock systems. The use and pollution of water could be reduced by rearing animals in mixed and grazing systems rather than in industrial systems. Biodiversity could be promoted by the adoption of less intensified farming.
Amendment 265 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 38
Annex 1 – point 38
38. Turning waste into a resource, as called for in the Resource Efficiency Roadmap, requires the full implementation of EU waste legislation across the EU, based on strict application of the waste hierarchy and covering different types of waste. Additional efforts are needed to: reduce per capita waste generation in absolute terms, limit energy recovery to non-recyclable materials, phase out landfilling, ensure high quality recycling, and develop markets for secondary raw materials. Hazardous waste will need to be managed so as to minimise significant adverse effects on human health and the environment, as agreed at the Rio+20 Summit. To achieve this, market-based instrumentlegal and economic incentives that privilege prevention, recycling and re-use should be applied much more systematically across the EU. Barriers facing recycling activities in the EU internal market should be removed and eExisting prevention, re-use, recycling, recovery and landfill diversion targets should be reviewed so as to move towards a ‘circular’ economy, with a cascading use of resources and residual waste close to zero.
Amendment 276 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 39
Annex 1 – point 39
39. Resource efficiency in the water sector will also be tackled as a priority to help deliver good water status. Even though droughts and water scarcity are affecting more and more parts of Europe, an estimated 20-40 % of Europe’s available water is still being wasted, for instance, through leakages in the distribution system. According to available modelling, there is still considerable scope for improving water efficiency in the EU, in particular by maintaining ownership of this resource as a public asset, in relation to abstraction and management. Moreover, rising demand and the impacts of climate change are expected to increase the pressure on Europe’s water resources significantly. Against this background, the Union and Member States should take action to ensure water abstraction respects available renewable water resource limits by 2020, including by improving water efficiency through the use of market mechanisms such as water pricing that reflects the true value of water. Progress will be facilitated by accelerated demonstrationg and rolling out of innovative technologies, systems and businessmanagement models building on the Strategic Implementation Plan of the European Innovation Partnership on Water.
Amendment 287 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 41 – subparagraph 1 - point c a (new)
Annex 1 – point 41 – subparagraph 1 - point c a (new)
(ca) The environmental impact of the food, housing and mobility sectors is lessened at the same time as the costs for the public are reduced, through spatial planning measures, high-quality and low- cost public transport, a reduction in transport during the life cycle of products, and rules and economic incentives that favour local food production and proximity between home and workplace.
Amendment 299 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 41 – subparagraph 2 - point b a (new)
Annex 1 – point 41 – subparagraph 2 - point b a (new)
(ba) Reducing the use of packaging and transport during the life cycle of products.
Amendment 319 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 41 – subparagraph 2 - point f
Annex 1 – point 41 – subparagraph 2 - point f
(f) Improving water efficiency by setting and monitoring targets atin river basin level and using market mechanisms, such as water pricingmanagement plans, strengthening the public administration of water resources, creating more skilled jobs and equipping services with adequate budgets and investment capacities.
Amendment 325 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 41 – subparagraph 2 - point f a (new)
Annex 1 – point 41 – subparagraph 2 - point f a (new)
(fa) Guaranteeing the quantity and quality of water reserves, focusing on the sources of water for human use, in particular by maintaining and improving natural and artificial reservoirs, paying particular attention to the management of underground aquifers and the storage capacity of soil, monitoring and checking the variation in water storage and quality.
Amendment 328 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 44
Annex 1 – point 44
44. Access to water of satisfactory quality remains problematic in a number of rural areas in the EU, while ensuring the good quality of Europe’s bathing waters benefits both human health and the EU’s tourism industry. Adverse consequences of floods for human health and economic activity are being experienced more frequently, partchiefly due to changes to the hydrological cycle and land useinadequate territorial policies and the occupation of floodplains.
Amendment 338 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 49 a (new)
Annex 1 – point 49 a (new)
49a. Draws attention to the effects of international trade deregulation and liberalisation, which have led to increased energy consumption and flows of goods at world level, thus increasing the concentration of greenhouse gases in the atmosphere; considers that defending and promoting local energy production and consumption through shorter supply chains furthers complementarities in international trade instead of competition among products, producers and countries;
Amendment 339 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 49 b (new)
Annex 1 – point 49 b (new)
49b. Recommends that an assessment be made, in the short term, of the impact of the EU's common policies, in particular the CAP, CFP and trade policy, on the potential for reducing the carbon intensity of EU economies. The results of this assessment should be taken into account when these policies are revised.
Amendment 345 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 52 – subparagraph 1 – point c
Annex 1 – point 52 – subparagraph 1 – point c
(c) CAll citizens throughout the EU benefit from high standards for safe drinking andjoy safe drinking water and wastewater treatment, at adequate quality and in sufficient quantity, as well as hygienically safe public bathing water.
Amendment 356 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 52 – subparagraph 2 – point c
Annex 1 – point 52 – subparagraph 2 – point c
(c) Boosting efforts to implement the Drinking Water Directive, in particular for small drinking water suppliers, andEnsuring the necessary funding for the universal supply and treatment of water and boosting efforts to comply with the plans for recovery, monitoring and checks on the sources of water for human consumption and implement the Bathing Water Directive.
Amendment 421 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 72
Annex 1 – point 72
Amendment 423 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 73
Annex 1 – point 73
73. Attracting investment in some areas is currently difficult because of the lack of price The implementation of environment policies requires a public budget and an increase in posts with proper professigonals from the market, or distorted price signals arising from a failure to account properly for environmental costs or from public subsidies for careers in national, regional and local public administration, something that has been made impossible by the 'austerity' policies and public spending cuts imposed on some Member States; the EU will have to review these policies in order to achieve the environmentally harmful a objectivities.
Amendment 424 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 74
Annex 1 – point 74
74. The Union and Member States will need to put in place the right conditions to ensure that environmental externalities are adequately addressed and that the right market signals are sent to the private sector, with due regard to any adverse social impacts. This will involve applying the polluter-pays principle more systematically, through phasing out environmentally harmful subsidies and shifting taxation away from labour towards pollution. As natural resources become increasingly scarce, the economic rent and profits associated with their ownership or exclusive use may increase. Public intervention to ensure that such rents are not excessive and that externalities are taken into account will lead to more efficient use of these resources and will help to avoid market distortions, as weraise the status of nature and the community above the private accumulation of capital, as a guarantee of equality and social justice, placing the principles of economic democracy above the laws of the market, as well as providing the conditions to ensure that environmental externalities are adequately addressed and that the right signals of a regulated market are sent to the private sector, with due regard to any adverse social impacts. As natural resources become increasingly scarce, it is increasingly important that their ownership is in the public domain or is gradually made public in order to ensure universal access that respects the environment, which are features of a high-quality public service. Public intervention will ensure that the rents associated with these services are not excessive, guaranteeing efficient and universally as generate public revenueccessible use of these resources. Environment and climate priorities will be pursued in the framework of the European Semester where these are relevant to thenecessary sustainable growth prospects of individual Member States to which country-specific recommendations are addressed. Other market-based regulation instruments, such as payments for ecosystem services, should be used more extensively at EU and national level to incentivise privateublic sector involvement and sustainable management of natural capitalresources.
Amendment 6 #
Amendment 8 #
2012/0328(COD)
The European Parliament rejects the Commission proposal.
Amendment 9 #
2012/0328(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) The Union’s commitment to reduce greenhouse gas emissions by 2020 includes CO2 emissions from international flights and the aviation sector is therefore asked to contribute to the Union’s climate goals. If aviation’s climate change impact continues to grow at the current rate, it would undermine reductions made by other sectors. The aviation sector is in a privileged position to reduce emissions as it already benefits from a number of subsidies, being not subject to Value Added Tax nor paying tax on fuel for aviation activities. Moreover, generous state aid under the Union Guidelines is financing airports and start-up aid to air carriers departing from regional airports.
Amendment 10 #
2012/0328(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) The Union commitment to greenhouse gas emissions reductions by 2020 includes CO2 emissions from international flights and it is therefore clear that aviation must make a contribution to the Union's climate goals. If the climate change impact of the aviation sector continues to grow at the current rate, it would significantly undermine reductions made by other sectors. In should also be noted that the aviation sector benefits from a number of subsidies; it is not subject to value added tax, unlike other consumer services across the Union, there is no fuel tax on aviation activities and the sector benefits from very generous State Aid rules as set out in the Communication of the Commission of 9 December 2005 entitled "Community guidelines on financing of airports and start-up aid to airlines departing from regional airports".
Amendment 14 #
2012/0328(COD)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) In order to build confidence at international level towards the Union's greenhouse gas emission allowance trading scheme, any revenues from applying the Union scheme to the aviation sector should be used for mitigating the environmental impact of such emissions and contribute to international climate finance in accordance with UNFCCC. As part of an agreement on an effective, route-based global market-based measure (MBM) with significant potential to reduce climate impact of aviation, the Union should also commit to assign any revenues created by such measure to the Green Climate Fund under UNFCCC to reflect the principle of common but differentiated responsibilities and respective capabilities.
Amendment 14 #
2012/0328(COD)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) In order to build confidence at international level towards the EU scheme, any revenues from applying the EU emissions trading system to the aviation sector should be used for mitigating the impact of such emissions and for contributing to international climate finance in accordance with UNFCCC. As part of an agreement on an effective, route-based global market-based measure (MBM) with significant potential to reduce climate impact of aviation, the EU should also commit to assign revenues created by such measure to the Green Climate Fund under UNFCCC to reflect the principle of common but differentiated responsibilities and respective capabilities.
Amendment 24 #
2012/0328(COD)
Proposal for a decision
Article 3 a (new)
Article 3 a (new)
Amendment 28 #
2012/0328(COD)
Proposal for a decision
Article 3 a (new)
Article 3 a (new)
Article 3a Article 3d(4) of Directive 2003/87/EC shall be replaced by the following: ‘Member States shall use revenues generated from the auctioning of allowances to international efforts to tackle climate change, in particular, to reduce greenhouse gas emissions, and to adapt to the impacts of climate change in developing countries, as well as to fund research and development for mitigation and adaptation, including in particular in the fields of aeronautics and air transport. The proceeds of auctioning should also be used to fund contributions to the Global Energy Efficiency and Renewable Energy Fund and measures to avoid deforestation. Member States shall regularly inform the Commission of actions taken pursuant to this paragraph.’
Amendment 39 #
2012/0305(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Additional bans on the placing on the market of new equipment for refrigeration, air-conditioning, foams, aerosols, solvents and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available. In the light of in order to send clear market signals to invest in production facilities and to achieve economies of scale while also encouraging innovation. In the light of the availability of replacement technologies today and future technical developments and the availability of cost- efficient alternatives to the use of fluorinated greenhouse gases, the Commission should be empowered to include other products and equipment or to exclude, also temporarily, certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons, including insufficient supply of alternative substances on the market to meet the demand, or due to applicable safety standards excluding the use of relevant alternatives.
Amendment 48 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Operators of equipment that contains 1.5 kg or more fluorinated greenhouse gases with a global warming potential equivalent to 5 tonnes of CO2 not contained in foams shall ensure that the equipment is checked for leakage. However, equipment with hermetically sealed systems which are labelled as such, containing fluorinated greenhouse gases with a global warming potential equivalent to less than 10 tonnes CO2, shall not be subject to leak checks under this Article.
Amendment 55 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) equipment that contains 1.5 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 5 tonnes of CO2 or more but to less than 50 tonnes of CO2, shall be checked for leakage at least once every 12 months;
Amendment 56 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) equipment that contains 30 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 50 tonnes of CO2 or more, but to less than 500 tonnes of CO2, shall be checked for leakage at least once every six months;
Amendment 57 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) equipment that contains 300 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 500 tonnes of CO2 or more shall be checked for leakage at least once every three months.
Amendment 58 #
2012/0305(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Operators of the equipment referred to in Article 3(1) containing 150 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 500 tonnes CO2 or more, shall ensure that the equipment is provided with a leakage detection system which alerts the operator of any leakage.
Amendment 59 #
2012/0305(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. By way of derogation from Article 3(2) point (b), where equipment containing 30 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 50 tonnes CO2 or more, but to less than 500 tonnes CO2, is provided with a leakage detection system, the equipment shall be checked for leakage at least once every 12 months.
Amendment 65 #
2012/0305(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The placing on the market and export of specific products and equipment listed in Annex III shall be prohibited from the date specified in that Annex, where applicable differentiating according to the type or global warming potential of the fluorinated greenhouse gas contained.
Amendment 73 #
2012/0305(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Additional bans on the placing on the market of new equipment for refrigeration, air-conditioning, foams, aerosols, solvents and fire protection that operate using specific fluorinated greenhouse gases should be introduced where suitable alternatives to the use of those substances are available. In the light of to send clear market signals to invest in production facilities to achieve economies of scale while also encouraging innovation. In the light of the availability of replacement technologies today and future technical developments and the availability of cost-efficient alternatives to the use of fluorinated greenhouse gases, the Commission should be empowered to include other products and equipment or to exclude, also temporarily, certain categories of products or equipment for which alternative substances which fall below the specified global warming potential limit are not available for technical or economic reasons, including insufficient supply of alternative substances on the market to meet the demand, or due to applicable safety standards excluding the use of relevant alternatives.
Amendment 81 #
2012/0305(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
The use of fluorinated greenhouse gases, or of mixtures that contain fluorinated greenhouse gases, with a global warming potential of 2500 or more, to service or maintain refrigeration equipment with a charge size equivalent to 5 tonnes of CO211 kg or more, shall be prohibited from 1 January 2020.
Amendment 91 #
2012/0305(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 101 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. By 31 March 2014 and every year after that, each producer, importer and exporter that produced, imported or exported more than one metric tonne or 1 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year.
Amendment 103 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By 31 March 2014 and every year after that, each undertaking that destroyed more than one metric tonne or 1 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year.
Amendment 116 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 3 - column - line 2a (new)
Annex III – row 3 - column - line 2a (new)
3. Fire protection systems and that contained fluorinated 1 January fire extinguishers greenhouse gases 2018
Amendment 122 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 a (new)
Annex III – row 12 a (new)
12a. Stationary refrigeration equipment that contains fluorinated 1 January greenhouse gases: 2018
Amendment 123 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 b (new)
Annex III – row 12 b (new)
12b. Stationary air conditioning equipment that contains fluorinated 1 January greenhouse gases: 2018
Amendment 124 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 c (new)
Annex III – row 12 c (new)
12c. Mobile refrigeration equipment that contains vans and 1 January fluorinated greenhouse gases: fishing 2018 vessels trucks and 1 January trailers 2024
Amendment 125 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 d (new)
Annex III – row 12 d (new)
12d. Mobile air-conditioning equipment that cargo ships 1 January contains fluorinated greenhouse gases: 2018 passenger 1 January ships and 2025 rail vehicles
Amendment 126 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 e (new)
Annex III – row 12 e (new)
12e Foams that contain fluorinated greenhouse gases 1 January 2015
Amendment 127 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 f (new)
Annex III – row 12 f (new)
12f. Technical aerosols that contain fluorinated greenhouse gases 1 January 2018
Amendment 128 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 g (new)
Annex III – row 12 g (new)
12g. Solvents that contain fluorinated greenhouse gases except for 1 January precision cleaning of electrical and other components in aerospace and 2020 aeronautics applications
Amendment 129 #
2012/0305(COD)
Proposal for a regulation
Annex V – paragraph 1 – introductory part
Annex V – paragraph 1 – introductory part
The maximum quantity referred to in Article 13(1) shall be calculated by applying the following percentages to the annual average of the total quantity produced and imported into the Unionlaced on the market the Union minus exports during the period from 20089 to 20112 and reduced to reflect the maximum quantity that would have been placed on the market assuming full implementation and compliance with containment measures in Regulation (EC) No. 842/2006:
Amendment 131 #
Amendment 132 #
Amendment 133 #
Amendment 134 #
Amendment 135 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
1. Operators of equipment that contains 1.5 kg or more fluorinated greenhouse gases with a global warming potential equivalent to 5 tonnes of CO2 not contained in foams shall ensure that the equipment is checked for leakage. However, equipment with hermetically sealed systems which are labelled as such, containing fluorinated greenhouse gases with a global warming potential equivalent to less than 10 tonnes CO2, shall not be subject to leak checks under this Article.
Amendment 141 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) equipment that contains 1.5 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 5 tonnes of CO2 or more but to less than 50 tonnes of CO2, shall be checked for leakage at least once every 12 months;
Amendment 143 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) equipment that contains fluorinated greenhouse gases with a global warming potential equivalent to 50 tonnes of CO2 or more, but to less than 500 tonnes of CO2,30 kg or more shall be checked for leakage at least once every six months;
Amendment 145 #
2012/0305(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) equipment that contains fluorinated greenhouse gases with a global warming potential equivalent to 500 tonnes of CO2300 kg or more shall be checked for leakage at least once every three months.
Amendment 147 #
2012/0305(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. Operators of the equipment referred to in Article 3(1) containing 150 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 500 tonnes CO2 or more, shall ensure that the equipment is provided with a leakage detection system which alerts the operator of any leakage.
Amendment 148 #
2012/0305(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. By way of derogation from Article 3(2) point (b), where equipment containing 30 kg or more of fluorinated greenhouse gases with a global warming potential equivalent to 50 tonnes CO2 or more, but to less than 500 tonnes CO2, is provided with a leakage detection system, the equipment shall be checked for leakage at least once every 12 months.
Amendment 239 #
2012/0305(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
3. The use of fluorinated greenhouse gases, or of mixtures that contain fluorinated greenhouse gases, with a global warming potential of 2500 or more, to service or maintain refrigeration equipment with a charge size equivalent to 5 tonnes of CO211 kg or more, shall be prohibited from 1 January 2020.
Amendment 292 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. By 31 March 2014 and every year after that, each producer, importer and exporter that produced, imported or exported more than one metric tonne or 1 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year.
Amendment 294 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By 31 March 2014 and every year after that, each undertaking that destroyed more than one metric tonne or 1 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission the data specified in Annex VII on each of those substances for that calendar year.
Amendment 325 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 3 – second part a (new)
Annex III – row 3 – second part a (new)
that contain fluorinated 1 January 2018 greenhouse gases
Amendment 353 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 e (new)
Annex III – row 12 e (new)
12e. Foams that contain fluorinated 1 January 2015 greenhouse gases
Amendment 356 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 a (new)
Annex III – row 12 a (new)
12a. Stationary refrigeration equipment 1 January 2018 that contains fluorinated greenhouse gases:
Amendment 357 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 b (new)
Annex III – row 12 b (new)
12b. Stationary air-conditioning equipment 1 January 2018 that contains fluorinated greenhouse gases:
Amendment 359 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 c (new)
Annex III – row 12 c (new)
12c. Mobile refrigeration vans and fishing vessels 1 January 2018 equipment that contains fluorinated greenhouse trucks and trailers 1 January 2024 gases:
Amendment 360 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 d (new)
Annex III – row 12 d (new)
12d. Mobile air-conditioning cargo ships 1 January 2018 equipment that contains fluorinated greenhouse passenger ships and rail 1 January 2025 gases: vehicles
Amendment 361 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 f (new)
Annex III – row 12 f (new)
12f. Technical aerosols that contain 1 January 2018 fluorinated greenhouse gases
Amendment 363 #
2012/0305(COD)
Proposal for a regulation
Annex III – row 12 f (new)
Annex III – row 12 f (new)
12f. Solvents that contain fluorinated 1 January 2020 greenhouse gases except for precision cleaning of electrical and other components in aerospace and aeronautics applications
Amendment 385 #
2012/0305(COD)
Proposal for a regulation
Annex V – paragraph 1 – introductory part
Annex V – paragraph 1 – introductory part
The maximum quantity referred to in Article 13(1) shall be calculated by applying the following percentages to the annual average of the total quantity produced and imported into the Unionlaced on the market the Union minus exports during the period from 20089 to 20112 and reduced to reflect the maximum quantity that would have been placed on the market assuming full implementation and compliance with containment measures in Regulation (EC) No. 842/2006:
Amendment 394 #
Amendment 399 #
Amendment 406 #
Amendment 410 #
Amendment 11 #
2012/0297(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Over the last decade, environmental issues, such as resource efficiency, biodiversity, land use, climate change, and disaster risks, have become more important in policy making and should therefore also constitute critical elements in assessment and decision-making processes, especially for infrastructure projects.
Amendment 12 #
2012/0297(COD)
Proposal for a directive
Recital 12
Recital 12
(12) When applying Directive 2011/92/EU, it is necessarythe EU is considering to ensure a competitive business environment, especially for small and medium enterprises, in order to generate smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 – A strategy for smart, sustainable and inclusive growth’, the implementation of Directive 2011/92/EU should remain the main tool to promote a more resource efficient and greener economy within the transport sector as well.
Amendment 13 #
2012/0297(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Experience has shown that in cases of civil emergency compliance with the provisions of Directive 2011/92/EU may have adverse effects, and provision should therefore be made to authorise Member States not to apply that Directive in appropriate casesonly exceptionally to projects having as their sole purpose the response to civil emergencies, subject to necessary information provided to local authorities and public concerned.
Amendment 14 #
2012/0297(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19 a) To guarantee high level of quality and independence of the environmental reports, it should be ensured that these reports are prepared by independent, accredited and technically competent experts in total independence from the developer and the competent authorities.
Amendment 17 #
2012/0297(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Public involvement in decision- making is critical to ensure that the decision-maker will take account of opinions and concerns which may be relevant to those decisions, thereby the accountability and transparency of the process is essential to improve the quality of decisions and to contribute to public awareness of environmental and socio- economic issues.
Amendment 19 #
2012/0297(COD)
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22 b) The Aarhus Convention, signed and ratified by the European Union, grants the public rights regarding access to information, public participation and access to justice in decision- making processes on matters concerning the local, national and transboundary environment regarding the potential impact of projects.
Amendment 22 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(f a)"independent" means capable of the exercise of technical/scientific objectivity, free of direction or influence by the competent authority, the developer and/or the national government."
Amendment 26 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Projects, including those with transboundary effect, for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling all the requirements of the relevant Union legislation.
Amendment 42 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer and the public concerned, shall determine the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine:
Amendment 43 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point d
Article 5 – paragraph 2 – subparagraph 1 – point d
Amendment 46 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
To guarantee the completeness and sufficient quality and independence of the environmental reports and other environmental information under this Directive referred to in Article 5(1):
Amendment 48 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point a
Article 5 – paragraph 3 – subparagraph 1 – point a
the developer shall ensure that the environmental report is prepared byor other relevant environmental information are prepared by independent accredited and technically competent experts or
Amendment 50 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
the competent authority shall ensure that the environmental report is verified byor other relevant environmental information are verified by independent, accredited and technically competent experts and/or committees of national experts.
Amendment 55 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Article 8 – paragraph 1 – subparagraph 1 – introductory part
The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be taken into considerationgiven due account in the development consent procedure. To this end, the decision to grant development consent shall contain the following information:
Amendment 61 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
If the consultations and the information gathered pursuant to Articles 5, 6 and 7 conclude that a project will have significant adverse environmental effects, the competent authority, as early as possible and in close cooperation with the authorities referred to in Article 6(1) and the developer, shall consider whether the development of the project should be refused or whether the environmental report referred to in Article 5(1) should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed.
Amendment 63 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
If the competent authority decides to grant development consent, it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects of both construction and operational phases,, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects and to facilitate corrective action.
Amendment 64 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the proposed project and the significance of its environmental effects. These findings shall be submitted to the competent authority and made publicly available.
Amendment 67 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 2011/92/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
Member States may also decide toshall make available to the public the information referred to in paragraph 1, when the competent authority concludes its environmental impact assessment of the project.
Amendment 74 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 1
Annex 1 – point 1
Directive 2011/92/EU
Annexe II a – point 3 – subpoint b
Annexe II a – point 3 – subpoint b
the use of natural resources, in particular soil, land, water, air and biodiversity, including hydromorphological changes.
Amendment 75 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
the use of natural resources, in particular land, soil, water, air and biodiversity, including hydromorphological changes;
Amendment 110 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2011/92/EU
Article 1 – paragraph 2 – point a – indent 1
Article 1 – paragraph 2 – point a – indent 1
- the execution of construction or demolition works, or of other installations or schemesthe establishment and expansion of construction works or of other installations, the change of installation operation or the installation performance with effects in accordance with paragraph 1,
Amendment 119 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) "environmental impact assessment" shall mean the process of preparing an environmental report, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report including the initial emission load and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10.
Amendment 245 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall prepare an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location including the initial emission load of the project, the characteristics of the potential impact, alternatives to the proposed project and the extent to which certain matters (including the evaluation of alternatives) are more appropriately assessed at different levels including the planning level, or on the basis of other assessment requirements. The detailed list of information to be provided in the environmental report is specified in Annex IV.
Amendment 456 #
2012/0297(COD)
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex I – point 7 – point a
Annex I – point 7 – point a
(-1) In point 7 of Annex I, point (a) is replaced by the following: ‘(a) construction of lines for long- distance railway traffic and of airports [...]’
Amendment 457 #
2012/0297(COD)
Proposal for a directive
Annex – point -1 a (new)
Annex – point -1 a (new)
Directive 2011/92/EU
Annex I – point 7 – point a a (new)
Annex I – point 7 – point a a (new)
(-1a) The following point is added to point 7 of Annex I: ‘(aa) establishment of arrival and departure routes to/from the route network connection.’
Amendment 476 #
2012/0297(COD)
Proposal for a directive
Annex – point -1 b (new)
Annex – point -1 b (new)
Directive 2011/92/EU
Annex II – paragraph 10 – point d
Annex II – paragraph 10 – point d
(-1 b) Paragraph 10(d) of Annex II is deleted.
Amendment 482 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 1
Annex 1 – point 1
Directive 2011/92/EU
Annex II.A – paragraph 1 – point b a (new)
Annex II.A – paragraph 1 – point b a (new)
(ba) a description of the expected environmental effects as regards the initial immission load at the project site.
Amendment 518 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point i
Annex III – paragraph 1 – point i
(i) the risks to human health (e.g. due to water contamination or air pollution or noise);
Amendment 71 #
2012/0288(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) While biofuels and bioliquids produced from waste and residues have the potential to achieve high greenhouse gas emission savings while causing low adverse environmental, social and economic impacts, further assessment of their availability, benefits and risks is appropriate inter alia to inform post-2020 policy. At the same time, further information is needed about the energy security benefits of both conventional and advanced biofuels, particularly insofar as fossil fuels are directly or indirectly used for their production. A mandate should be given to the Commission to submit a report and, if appropriate, make proposals to the European Parliament and the Council in relation to these matters. The report should take into account the environmental, social and economic opportunity cost of using raw materials for purposes other than biofuel and bioliquid production in order to ensure that overall positive and adverse impacts are reflected in the report.
Amendment 78 #
2012/0288(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Given the negative climate impact linked to biofuels competing with agricultural land, the obligation under Article 3(4) of Directive 2009/28/EC on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing Directives 2001/777/EC and 2003/30/EC requiresshould be replaced by a requirement on Member States to ensure that the share of energy from renewableadvanced transport energy sources in all forms of transport in 2020 is at least 103% of their final energy consumption. The blending of biofuelsadvanced biofuels and renewable energy from non-biological origin is one of the methods available for Member States to meet this target, and is expected to be the main contributor.
Amendment 82 #
2012/0288(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in newall installations in operation should be increased with effect from 1st July 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph.
Amendment 85 #
2012/0288(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In view of the Union's objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions, Article 7a(2) of Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EC[1] requires fuel suppliers to reduce by at least 6% by 31 December 2020 the life cycle greenhouse gas emissions per unit of energy (‘"greenhouse gas intensity’") of fuels used in the Union by road vehicles, non-road mobile machinery, agricultural and forestry tractors and recreational craft when not at sea. The blending of biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels suppliedzero or low greenhouse gas emissions biofuels and other fuels derived from unavoidable waste gas using carbon capture and utilisation for transport purposes are among the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied. In order to ensure investment security for such advanced transport fuels, the 2020 target should be complemented with a binding annual trajectory leading to 10% reductions in greenhouse gas intensity of fuels used in the Union in 2025.
Amendment 87 #
2012/0288(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the Directive and to qualify for inclusion in public support schemes. These criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are established for biofuels under Article 7b of Directive 98/70/EC. These criteria should be supplemented with safeguards to ensure cascade of use and respect of waste- hierarchy.
Amendment 90 #
2012/0288(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The incentive-based stimulation of biofuel production has not only led to an increase in biofuel production in the Union but has also led to an expansion of biofuel production in third countries. Although figures relating to the exact amount of land that was used and diverted to biofuel production in third countries vary, some reports found that between 2009 and 2013, 6 million hectares of land were used for biofuel production by European companies in Africa alone. In a note from April 2013, the UN Special Rapporteur on the right to food stressed the adverse impacts of the EU biofuels policy in relation to the right to food, land and water. In order to counter these negative impacts, the Commission should propose to amend and strengthen the sustainability criteria in Article 17 of Directive 2009/98/EC and Article 7b of Directive 98/70/EC.
Amendment 90 #
2012/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced biofuels and, to avert further impacts of growing demand for biofuels and bioliquids on food markets and to minimise the overall indirect land use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/ECin those directives. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops that can be counted towards the targets ofr receive public support pursuant to Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011. For the same reasons, and in order to avoid unequal treatment of biofuels and bioliquids produced from raw materials with similar impacts, it is appropriate to apply the same treatment to biofuels and bioliquids made from non- food cellulosic or ligno-cellulosic material insofar as they are grown on land, without prejudice those produced from waste and residues.
Amendment 104 #
2012/0288(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures in the transport sector should be encouraged.
Amendment 109 #
2012/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The estimatedArticle 7d(6) of Directive 98/70/EC and Article 19(6) of Directive 2009/28/EC require that indirect land-use change emissions should be mincluded in the reporting of greenhouse gas emissions from biofuels underimised by introducing a concrete methodology for emissions from carbon stock changes which ensures compliance with the greenhouse gas saving requirement of Article 7b(2) of Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factorArticle 17(2) of Directive 2009/28/EC. The rules for calculating the greenhouse gas impact of biofuels and bioliquids for the purposes of those Directives should therefore include factors reflecting the emissions from indirect land-use change attributable to different types of biofuels and bioliquids. In accordance with Article 7d(6) of Directive 98/70/EC and Article 19(6) of Directive 2009/28/EC, appropriate safeguards should be provided for investment that has been undertaken before the entry into force of this Directive.
Amendment 138 #
2012/0288(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) While biofuels and bioliquids produced from waste and residues have potential to achieve high greenhouse gas emission savings while causing low adverse environmental, social and economic impacts, further assessment of their availability, benefits and risks is appropriate inter alia to inform post-2020 policy. At the same time, further information is needed about the energy security benefits of both conventional and advanced biofuels, particularly insofar as fossil fuels are directly or indirectly used for their production. A mandate should be given to the Commission to submit a report and, if appropriate, make proposals to the European Parliament and the Council in relation to these matters. The report should take into account the environmental, social and economic opportunity cost of using raw materials for purposes other than biofuel and bioliquid production in order to ensure that overall positive and adverse impacts are reflected in the report.
Amendment 146 #
2012/0288(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Coherence between Directive 98/70/EC, Directive 2009/28/EC and legislation in other areas of Union policy should be improved in order to exploit synergies and improve legal certainty. Definitions of waste and residues for the purposes of Directive 98/70/EC and Directive 2009/28/EC should be harmonised with those established by Directive 2008/98/EC. The waste and residues streams listed in Directive 98/70/EC and Directive 2009/28/EC should be better identified by means of the waste codes in the European catalogue of waste established by Commission Decision 2000/532/EC in order to facilitate the application of those Directives by competent authorities in the Member States. Promotion of biofuels and bioliquids in accordance with Directive 98/70/EC and Directive 2009/28/EC should be consistent with the objectives and purpose of Directive 2008/98/EC. In order to achieve the Union's goal to move towards a recycling society, the waste hierarchy set out in Article 4 of Directive 2008/98/EC should be fully implemented. With a view to facilitate this, the use of waste and residues for the production of biofuels and bioliquids should become part of the waste management plans and waste prevention programmes established by Member States in accordance with Chapter V of Directive 2008/98/EC. The application of Directive 98/70/EC and Directive 2009/28/EC should not jeopardise the full implementation of Directive 2008/98/EC.
Amendment 151 #
2012/0288(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in newall installations in operation should be increased with effect from 1st July 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph.
Amendment 155 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point -a (new)
Article 1 – point 2 – point -a (new)
Directive 98/70/EC
Article 7b – paragraph 1
Article 7b – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels shall be taken into account for the purposes of Article 7a only if they fulfil the sustainability criteria set out in paragraphs 2 to 6c of this Article. Biofuels produced from cereal and other starch rich crops, sugars and oil crops as well as from non-food cellulosic or ligno- cellulosic material other than waste or residues taken into account for the purposes of Article 7a shall not exceed the energy quantity referred to in the second subparagraph of Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources."
Amendment 159 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 1
Article 7b – paragraph 2 – subparagraph 1
The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1st July 2014. An installation is “in operation” if the physical production of biofuels has taken place.
Amendment 160 #
2012/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food or energy crops as set out in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil, oil and energy crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed3% of the final consumption of energy in transport in 201120.
Amendment 163 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 2
Article 7b – paragraph 2 – subparagraph 2
Amendment 170 #
2012/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The 53% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, te overall renewable energy target. The access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations.
Amendment 175 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – point -a (new)
Article 1 – point 3 – point -a (new)
Directive 98/70/EC
Article 7d – paragraph 1
Article 7d – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex IV and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero by using that default value; values for indirect land-use change emissions as laid down in Annex V shall be added to that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex IV; values for indirect land-use change emissions as laid down in Annex V shall be added to that actual value; or (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex IV, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex IV, for all other factors, with the exception of the eiluc value, for which the values referred to in Annex V shall be used."
Amendment 177 #
2012/0288(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures should be encouraged.
Amendment 186 #
2012/0288(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Voluntary schemes recognised by the European Commission are the main instruments that are used by economic operators to show compliance with the sustainability criteria set out in Article 7b of Directive 98/70/EC and Article 17 of Directive 2009/28/EC. However, there is a lack of criteria that those schemes need to comply with in order to obtain recognition. Clearer rules should therefore be laid down. Only schemes that provide effective mechanisms for guaranteeing the independence and reliability of audits and the involvement of local and indigenous communities should be considered as compliant with this Directive. Those schemes should further include clear and stringent rules on the exclusion of consignments of biofuels and bioliquids from the scheme in case of non-compliance with its provisions. In order to monitor and enforce the effective operation of the schemes, the Commission should be able to access and disclose all relevant documents that give rise to concerns about malpractices.
Amendment 187 #
2012/0288(COD)
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11 b) Directive 98/70/EC and Directive 2009/28/EC do not contain any provisions concerning the recognition process of those voluntary schemes, thereby failing to ensure they are effective in ensuring compliance with sustainability criteria and transparent. It is therefore appropriate the the Commission sets mandatory minimum requirements for those schemes to be considered as giving presumption of compliance with sustainability criteria.
Amendment 199 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2009/28/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops as well as from non-food cellulosic or ligno-cellulosic material other than waste or residues shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.
Amendment 211 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point i
Article 2 – point 2 – point c – point i
Directive 2009/28/EC
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(i) in point (b), the following phrase iss are added: "Tan energy quantity corresponding to the energy efficiency and energy saving measures taken by Member States shall also be taken into account; this indent shall be without prejudice to Articles 17(1)a and 3(4)d;"
Amendment 218 #
2012/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available and publicly funded scientific evidence, in limiting indirect land-use change greenhouse gas emissions in the Union and third countries exporting to the Union and addressing ways to further minimise that impact, which could include the introduction of by including estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021soon as this Directive enters into force. The Commission will also propose further measures such as a possible import ban on biofuels and bioliquids that contribute to increased greenhouse gas emissions through indirect land use change.
Amendment 219 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point ii
Article 2 – point 2 – point c – point ii
Directive 2009/28/EC
Article 3 – paragraph 4 – point d
Article 3 – paragraph 4 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars and oil crops crops as well as from non-food cellulosic or ligno-cellulosic material other than waste or residues shall be no more than 54%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.
Amendment 230 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c a (new)
Article 2 – point 2 – point c a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
(ca) the following paragraph 4a is added: "4a. By [one year after the date on which this Directive enters into force], the Commission shall make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point (b)."
Amendment 232 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – point -a (new)
Article 1 – point 1 – point -a (new)
Directive 98/70/EC
Article 7a – paragraph 2 – point a
Article 7a – paragraph 2 – point a
(-a) in paragraph 2, point (a) is replaced by the following: "(a) 6% by 31 December 2020. Member States shall require suppliers, for this reduction, to comply with the following intermediate target: 4% by 2018;"
Amendment 232 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
Directive 2009/28/EC
Article 4 – paragraph 3 – new subparagraph
Article 4 – paragraph 3 – new subparagraph
2a. In Article 4 paragraph 3, the following paragraph is added after point (b): "Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the additional measures it intends to take in accordance with Article 3(5)."
Amendment 233 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – point -a a (new)
Article 1 – point 1 – point -a a (new)
Directive 98/70/EC
Article 7a – paragraph 2 – point b – point ii
Article 7a – paragraph 2 – point b – point ii
(-aa) in point (b) of paragraph 2, point (ii) is replaced by the following: "(ii) the use of any technology (including carbon capture and storage or carbon capture and utilisation for transport purposes) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied;"
Amendment 233 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 b (new)
Article 2 – point 2 b (new)
Directive 2009/28/EC
Article 4 – paragraph 3 –new subparagraph
Article 4 – paragraph 3 –new subparagraph
2b. In Article 4 paragraph 3, the following paragraph is added after point (b): "Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the steps in intends to take to meet the target set in the last subparagraph of Article 3(4)."
Amendment 235 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – point -a (new)
Article 1 – point 1 – point -a (new)
Directive 98/70/EC
Article 7a – paragraph 2 – subparagraph 1 a (new)
Article 7a – paragraph 2 – subparagraph 1 a (new)
(-a) the following subparagraph is added to paragraph 2: "Each Member State shall ensure, for the purposes of paragraphs 2(a) and (b), that the maximum contribution of energy from biofuels contributing to indirect land-use change, namely those listed in annex V, is at most 3% of the final consumption of energy in transport in 2020 in that Member State."
Amendment 237 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – point -a b (new)
Article 1 – point 1 – point -a b (new)
Directive 98/70/EC
Article 7a – paragraph 2 a (new)
Article 7a – paragraph 2 a (new)
(-ab) the following paragraph 2a is inserted: "2a. Member States shall require suppliers to reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied in a linear manner from 2020 to achieve a 10 % reduction by 31 December 2025, compared with the fuel baseline standard referred to in paragraph 5(b)."
Amendment 248 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point -a (new)
Article 1 – point 2 – point -a (new)
Directive 98/70/EC
Article 7b – paragraph 1 – subparagraph 2 a (new)
Article 7b – paragraph 1 – subparagraph 2 a (new)
(-a) the following subparagraph is added to paragraph 1: "An indicative list of waste and residues that may be used for the production of biofuels is set out in Annex V. By [one year after the date on which this Directive enters into force], the Commission shall establish a list of waste codes corresponding to each of the feedstocks listed in Annex V by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 11(3). Those codes shall correspond to the harmonised list of waste set out in the Annex to Commission Decision 2000/532/EC."
Amendment 250 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii a (new)
Article 2 – point 2 – point c – point iii a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – point e a (new)
Article 3 – paragraph 4 – point e a (new)
(iiia) the following point (ea) is added: (ea) for the calculation of the contribution from electricity produced from renewable energy sources and consumed in all types of rail transport for the purposes of point (a) and (b), Member States may choose to use either the average share of electricity from renewable energy sources in the community or the share of electricity from renewable energy sources in their own country. Furthermore, for the calculation of the electricity from renewable energy sources consumed by all forms of rail transport, that consumption shall be considered to be 2.5 times the energy content of the input of electricity from renewable energy sources.
Amendment 251 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 1
Article 7b – paragraph 2 – subparagraph 1
2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1st July 2014operation. An installation is “in operation” if the physical production of biofuels has taken place.
Amendment 251 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c a (new)
Article 2 – point 2 – point c a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
(ca) the following paragraph 4a is added: "4a. By [one year after the date on which this Directive enters into force], the Commission shall make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point (b)."
Amendment 253 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c a (new)
Article 2 – point 2 – point c a (new)
Directive 2009/28/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(ca) In Article 4, the following paragraph 3a is added: "3a. Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the additional measures it intends to take in accordance with Article 3(4a)"
Amendment 254 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 2
Article 7b – paragraph 2 – subparagraph 2
Amendment 254 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c b (new)
Article 2 – point 2 – point c b (new)
Directive 2009/28/EC
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
(cb) In Article 4, the following paragraph 3b is added: "3b. Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the steps in intends to take to meet the target set in the first subparagraph of Article 3(4)."
Amendment 257 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in all installations starting operation after 1st July 2014. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.
Amendment 262 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Amendment 263 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
Article 7b – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
(ba) the following subparagraphs are added to paragraph 6: "Biofuels taken into account for the purposes referred to in paragraph 1shall not be made from waste or residues where doing so would undermine the application and objectives of Directive 2008/98/EC of the European Parliament and Council on waste and repealing certain Directives. In particular, biofuels taken into account for the purposes referred to in paragraph 1shall not be made from waste or residues which are subject to re-use and recycling targets in accordance with Article 11(2) of Directive 2008/98/EC or to measures adopted by Member States in relation to bio-waste in accordance with Article 22 of that Directive. The waste management plans and the waste prevention programmes established by Member States in accordance with the provisions of Chapter V of Directive 2008/98/EC shall take into account the use of waste and residues for the production of biofuels."
Amendment 264 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 98/70/EC
Article 7c – paragraph 5
Article 7c – paragraph 5
Amendment 265 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Directive 98/70/EC
Article 7c – paragraph 6
Article 7c – paragraph 6
Amendment 266 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 c (new)
Article 1 – point 2 c (new)
Directive 98/70/EC
Article 7c – paragraph 9 a (new)
Article 7c – paragraph 9 a (new)
2c. The following paragraph 9a is added to Article 7c: "9a. By [one year from the entry into force of this Directive] the Commission shall submit a report to the European Parliament and the Council reviewing the operation of agreements or voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the agreements or schemes. The report shall take into account relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each agreement and scheme, the report shall analyse, inter alia, the following: - independency, modality and frequency of audits; - availability and experience in the application of methods for identifying and dealing with non-compliance; - transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and relative certificates, accessibility of auditor reports; - stakeholder involvement, particularly as regards the consultation of indigenous and local communities during the drafting and reviewing of the scheme as well as during audits; - overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; - market update of the scheme. The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council for amending the provisions of this Directive relating to voluntary schemes with a view to promoting best practice."
Amendment 277 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 7 – point -a (new)
Article 2 – point 7 – point -a (new)
Directive 2009/28/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(-a) paragraph 1 is replaced by the following: 1. For the purposes of Article 17(2), the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero by using that default value; values for indirect land-use change emissions as laid down in Annex VIII shall be added to that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V adding the estimates for indirect land-use change emissions set out in Annex VIII; values for indirect land-use change emissions as laid down in Annex VIII shall be added to that actual value; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors, with the exception of the eiluc value, for which the values referred to in Annex VIII shall be used.
Amendment 300 #
2012/0288(COD)
Proposal for a directive
Annex I – point 1 – point -a (new)
Annex I – point 1 – point -a (new)
Directive 98/70/EC
Annex IV – part C – point 1
Annex IV – part C – point 1
(-a) point 1 is replaced by the following: "1. Greenhouse gas emissions from the production and use of biofuels shall be calculated as: E = eec + edl + eiluc+ ep + etd + eu – esca – eccs – eccr – eee, where E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; edl = annualised emissions from carbon stock changes caused by direct land-use change; eiluc= annualised emissions from carbon stock changes caused by indirect land-use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission saving from soil carbon accumulation via improved agricultural management; eccs = emission saving from carbon capture and geological storage; eccr = emission saving from carbon capture and replacement; and eee = emission saving from excess electricity from cogeneration."
Amendment 306 #
2012/0288(COD)
Proposal for a directive
Annex I – point 1 – point b a (new)
Annex I – point 1 – point b a (new)
Directive 98/70/EC
Annex IV – part C – point 19 a (new)
Annex IV – part C – point 19 a (new)
(ba) the following point 19a is inserted: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance to Annex V."
Amendment 307 #
2012/0288(COD)
Proposal for a directive
Annex I – point 1 – point b b (new)
Annex I – point 1 – point b b (new)
Directive 98/70/EC
Annex IV – part C – point 19 b (new)
Annex IV – part C – point 19 b (new)
(bb) the following point 19b is inserted: "19b. Emissions from extraction or cultivation (eec), direct land-use change (el) and indirect land-use change (eiluc), shall be apportioned to co-products on the basis of their energy content. Emissions apportioned to co-products shall be additional to the emissions apportioned to the principal product."
Amendment 318 #
2012/0288(COD)
Proposal for a directive
Annex II – point 1 – point -a (new)
Annex II – point 1 – point -a (new)
Directive Directive 2009/28/EC
Annex V – part C – point 1
Annex V – part C – point 1
(-a) point 1 is replaced by the following: "1. Greenhouse gas emissions from the production and use of biofuels shall be calculated as: E = eec + edl + eiluc+ ep + etd + eu – esca – eccs – eccr – eee, where E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; edl = annualised emissions from carbon stock changes caused by direct land-use change; eiluc= annualised emissions from carbon stock changes caused by indirect land-use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission saving from soil carbon accumulation via improved agricultural management; eccs = emission saving from carbon capture and geological storage; eccr = emission saving from carbon capture and replacement; and eee = emission saving from excess electricity from cogeneration."
Amendment 322 #
2012/0288(COD)
Proposal for a directive
Annex II – point 1 – point b a (new)
Annex II – point 1 – point b a (new)
Directive 2009/28/EC
Annex V – part C – point 19 a (new)
Annex V – part C – point 19 a (new)
(ba) the following point 19a is inserted: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance to Annex VIII."
Amendment 329 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2009/28/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops, oil and energy crops shall be conditional to the raw material being obtained from land managed in a manner which enhances overall carbon sink capacity of the land and protects soil fertility, and shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.
Amendment 332 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point -i (new)
Article 2 – point 2 – point c – point -i (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
(-i) the first subparagraph is replaced by the following: "4. Each Member State shall ensure that the share of energy from advanced transport energy sources in all forms of transport in 2020 is at least 3% of the final consumption of energy in transport in that Member State."
Amendment 354 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point ii
Article 2 – point 2 – point c – point ii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars and oil, oil and energy crops shall be no more than 53%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.
Amendment 378 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
(ii) biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twionce their energy content;
Amendment 381 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point iii
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point iii
Amendment 409 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point -a (new)
Article 2 – point 5 – point -a (new)
Directive 2009/28/EC
Article 17 – paragraph 1 – subparagraph 2 a (new)
Article 17 – paragraph 1 – subparagraph 2 a (new)
(-a) the following subparagraph is added to paragraph 1: "An indicative list of waste and residues that may be used for the production of biofuels is set out in Annex X. By [one year after the date on which this Directive enters into force], the Commission shall establish a list of waste codes corresponding to each of the feedstocks listed in Annex X by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 25(3). Those codes shall correspond to the harmonised list of waste set out in the Annex to Commission Decision 2000/532/EC."
Amendment 413 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st July 2014. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.
Amendment 415 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Amendment 426 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
Article 17 – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
(ba) the following subparagraphs are added to paragraph 6: "Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from waste or residues where doing so would undermine the application and objectives of Directive 2008/98/EC of the European Parliament and Council on waste and repealing certain Directives. In particular, biofuels and bioliquids taken into account for the purposes referred to in paragraph 1(a), (b) and (c) shall not be made from waste or residues which are subject to re-use and recycling targets in accordance with Article 11(2) of Directive 2008/98/EC or to measures adopted by Member States in relation to bio-waste in accordance with Article 22 of that Directive. The waste management plans and the waste prevention programmes established by Member States in accordance with the provisions of Chapter V of Directive 2008/98/EC shall take into account the use of waste and residues for the production of biofuels and bioliquids."
Amendment 427 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
Directive 2009/28/EC
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
Amendment 428 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 b (new)
Article 2 – point 5 b (new)
Directive 2009/28/EC
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
5b. In Article 18, the following paragraph 2b is inserted: "2b. Eurostat shall gather and publish detailed employment information on the numbers, duration and salaries associated with direct, indirect and induced employment generated by the EU biofuels industry. The European Commission should develop an agreed methodology for measuring jobs which should systematically assess and monitor employment levels in member states and at the EU level. Employment figures should be disaggregated by ethanol and biodiesel sectors and clearing identifying the location of the job within the biofuel supply chain. Currently biofuel employment data is not included in official statistics with the employment estimates available to policy-makers varying depending on the underlying definition or methodology adopted by the particular study, the job counting approach applied, and the extent to which studies link agricultural activity to the biofuels industry. A formal process requiring employment figures to be supported by underlying data and transparent assumptions would improve the availability of information."
Amendment 430 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2009/28/EC
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 431 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 6 b (new)
Article 2 – point 6 b (new)
Directive 2009/28/EC
Article 18 – paragraph 6
Article 18 – paragraph 6
6b. In Article 18, paragraph 6 is replaced by the following: "6. Subject to paragraph 6a, decisions under paragraph 4 shall be adopted in accordance with the advisory procedure referred to in Article 25(3), taking into account observations received from the public pursuant to paragraph 6a. Without prejudice to paragraph 6d, such decisions shall be valid for a period of no more than five years. When the Commission envisages that a decision under paragraph 4 may be adopted, it shall publish the agreement or scheme on the transparency platform referred to in Article 24. All the constituent parts of the agreement or scheme shall be collated in a single document. The Commission shall publish a notice inviting the public to submit observations in relation to the agreement or scheme. The period for observations shall not be shorter than two months as from the date of the notice. The Commission shall publish a report on the agreement or scheme on the transparency platform. In preparing the report, the Commission may rely on the expertise of third parties. Any conflict of interest in relation to any person involved in the preparation of the report shall be identified and resolved. After the adoption of a decision under paragraph 4, the agreement or scheme shall be published on the transparency platform. All the constituent parts of the agreement or scheme shall collated in a single document. Decisions under paragraph 4 shall indicate that any natural or legal person may submit substantiated concerns to the Commission in relation to the operation of the agreement or scheme. The Commission shall respond, within two months, by indicating whether it intends to take further action. When the information available raises doubts about whether an agreement or scheme in respect of which a decision under paragraph 4 has been adopted continues to fulfil the requirements of paragraph 5, the Commission shall assess the practical operation of the agreement or scheme. To this end, the Commission shall be empowered to access any relevant document produced or held for the purposes of the operation of the agreement or scheme. When justified by preliminary evidence of serious shortcomings in the operation of the agreement or scheme, the Commission shall immediately suspend the decision under paragraph 4 by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 25b. The suspension shall be revoked in the same manner when the Commission assessment concludes that the matter has been solved."
Amendment 432 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 6 c (new)
Article 2 – point 6 c (new)
Directive 2009/28/EC
Article 18 – paragraph 9 a (new)
Article 18 – paragraph 9 a (new)
Amendment 468 #
2012/0288(COD)
Proposal for a directive
Article 3
Article 3
Amendment 487 #
2012/0288(COD)
Proposal for a directive
Annex I – point 1 – point -a (new)
Annex I – point 1 – point -a (new)
Directive 98/70/EC
Annex IV – part C – point 1
Annex IV – part C – point 1
Amendment 491 #
2012/0288(COD)
Proposal for a directive
Annex I – point 1 – point b a (new)
Annex I – point 1 – point b a (new)
Directive 98/70/EC
Annex IV – part C – point 19 a (new)
Annex IV – part C – point 19 a (new)
(ba) the following point is added: "19a. Emissions from extraction or cultivation (eec), direct land-use change (el) and indirect land-use change (eiluc), shall be apportioned to co-products on the basis of their energy content. Emissions apportioned to co-products shall be additional to the emissions apportioned to the principal product."
Amendment 502 #
2012/0288(COD)
Proposal for a directive
Annex II – point 1 – point -a (new)
Annex II – point 1 – point -a (new)
(-a) point 1 is replaced by the following: "1. Greenhouse gas emissions from the production and use of biofuels shall be calculated as: E = eec + el + eiluc + ep + etd + eu – esca – eccs – eccr – eee where E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; el= annualised emissions from carbon stock changes caused by land-use change; eiluc= annualised emissions from carbon stock changes caused by indirect land-use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission saving from soil carbon accumulation via improved agricultural management; eccs = emission saving from carbon capture and geological storage; eccr = emission saving from carbon capture and replacement; and eee = emission saving from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account."
Amendment 526 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX
Annex IX
Amendment 552 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/29/EC
Annex IX – part A – point f
Annex IX – part A – point f
Amendment 562 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n
Annex IX – part A – point n
Amendment 620 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3 a (new)
Annex II – point 3 a (new)
Directive 2009/28/EC
Annex IX a (new)
Annex IX a (new)
Amendment 24 #
2012/0202(COD)
Proposal for a decision
Title
Title
Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2003/87/EC clarifying provisions on the timing of auctions of greenhouse gas allowances and amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community
Amendment 25 #
2012/0202(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to be consistent with a cost- effective trajectory towards the European Council objective to achieve 80-95% greenhouse gas reductions by 2050, it is necessary to adjust the linear factor provided for in Directive 2003/87/EC.
Amendment 28 #
2012/0202(COD)
Proposal for a decision
Recital 3 b (new)
Recital 3 b (new)
(3b) In light of the need to maintain the incentives of the system and to make it more effective, and to restore the level of ambition envisaged at the time of the adoption of the climate package, it is necessary to permanently retire an amount of 1,4 billion allowances from the auctions foreseen for years 2015, 2016 and 2017.
Amendment 29 #
2012/0202(COD)
(1) Article 10(4) of 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/EC1 does not specify how volumes of greenhouse gas emission allowances to be auctioned are to be distributed over the trading periods. ____________ 1 OJ L 275, 25.10.2003, p. 32.
Amendment 30 #
2012/0202(COD)
Proposal for a decision
Article 1 – paragraph - 1(new)
Article 1 – paragraph - 1(new)
Directive 2003/87/EC
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
-1. In Article 9, the following paragraph is inserted: "From 2014 onwards the linear reduction factor shall be 3.9 %."
Amendment 31 #
2012/0202(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) By the end of 2011, a surplus of 955 million allowances had accumulated. That surplus is set to grow if no structural measures concerning the EU Emissions Trading System (ETS) are undertaken.
Amendment 32 #
2012/0202(COD)
Proposal for a decision
Article 1 – paragraph - 1a (new)
Article 1 – paragraph - 1a (new)
Directive 2003/87/EC
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
-1a. In Article 10, the following paragraph is inserted: "2a. As a one-off derogation from paragraph 1, a total of 1.4 billion allowances shall be permanently retired from the amount of allowances to be auctioned for years 2015, 2016, 2017 subject to paragraph 2(b)."
Amendment 34 #
2012/0202(COD)
Proposal for a decision
Recital 1 b (new)
Recital 1 b (new)
(1b) Such a significant surplus of allowances is leading to a lower carbon price, compared to that originally envisaged, reducing incentives to invest in low carbon technologies and increasing the risk of lock in to carbon intensive infrastructure.
Amendment 35 #
2012/0202(COD)
Proposal for a decision
Recital 1 c (new)
Recital 1 c (new)
(1c) In November 2012 and in accordance with Directive 2003/87/EC, the Commission presented to the European Parliament and to the Council a report on the functioning of the carbon market. The report found that the EU ETS is delivering emission reductions, but that the latter's ability to drive cost-effective decarbonisation was put into question because of the large and growing supply- demand imbalance in the market. The report further identified a number of options for structural measures that should be envisaged in order to tackle that imbalance.
Amendment 45 #
2012/0202(COD)
Proposal for a decision
Recital 2
Recital 2
(2) For the purposes of legal certainty and market predictability, it should be clarified that, in order to ensure an orderly functioning of the market, the Commission is able in exceptional circumstances to adapt the auction timetable pursuant to Article 10(4) of Directive 2003/87/EC.
Amendment 50 #
2012/0202(COD)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
Amendment 70 #
2012/0202(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
The Commission shall, where appropriatemay, in exceptional circumstances, adapt the timetable for each period so as to ensure an orderly functioning of the market. In the period referred to in Article 13(1), the Commission shall make no more than one such adaptation.
Amendment 74 #
2012/0202(COD)
Proposal for a decision
Article 1 a (new)
Article 1 a (new)
Article 1a This Decision shall enter into force on the date of its adoption.
Amendment 16 #
2012/0191(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Recognising that most industry sectors in the European Union have made great efforts to reduce CO2 emissions and increase efficiency, producers of light commercial vehicles need also to become more efficient in order to achieve ambitious European climate targets.
Amendment 17 #
2012/0191(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) More ambitious CO2 reduction targets are feasible, but producers need legal guidance in order to invest in environmental and fuel saving technologies without having to accept competitive disadvantages.
Amendment 18 #
2012/0191(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Most industry sectors in the European Union have made great efforts to reduce CO2 emissions and to increase efficiency. Producers of light commercial vehicles need also to become more efficient in order to achieve ambitious European climate targets.
Amendment 19 #
2012/0191(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) More ambitious CO2 reduction targets are feasible, but producers need legal guidance in order to invest in environmental and fuel saving technologies without having to accept competitive disadvantages.
Amendment 20 #
2012/0191(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) According to the technical analysis made for the impact assessment, the technologies to meet the target of 147 g CO2/km are available and the required reductions may be achieved at a lower cost than estimated in the previous analysis carried out previous to the adoption of Regulation (EU) No 510/2011. In addition, the distance between the current average specific emissions of CO2 from new light commercial vehicles and the target has also decreased. Therefore, the feasibility of the target of 147 g CO2/km to be reached by 2020 is confirmed a more ambitious target for 2020 is feasible as well as cost- effective.
Amendment 22 #
2012/0191(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) According to the technical analysis made for the impact assessment, the technologies to meet the target of 147 g CO2/km are available and the required reductions may be achieved at a lower cost than estimated in the previous analysis carried out previous to the adoption of Regulation (EU) No 510/2011. In addition, the distance between the current average specific emissions of CO2 from new light commercial vehicles and the target has also decreased. Therefore, the feasibility of the target of 147 g CO2/km to be reached by 2020 is confirmed a more ambitious target for 2020 is feasible as well as cost- effective.
Amendment 22 #
2012/0191(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The automotive industry works with long planning cycles and should be informed sufficiently in advance about future targets. Introducing a target of 95 g CO2/km for 2025 in this Regulation provides planning certainty and ensures that efforts to improve the fuel efficiency of new vans are continued beyond 2020.
Amendment 23 #
2012/0191(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Increasing fuel costs are becoming a major problem for European businesses whereas the European Union imports most of the oil used in the transport sector. A reduction in fuel consumption would help both the businesses and the Union by decreasing oil dependency.
Amendment 27 #
2012/0191(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The automotive industry works with long planning cycles and should be informed sufficiently in advance about future targets. Introducing a target of 95 g/km for 2025 in Regulation (EU) No 510/2011 provides planning certainty and ensures that efforts to improve the fuel efficiency of new light commercial vehicles are continued beyond 2020.
Amendment 30 #
2012/0191(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is appropriate to note that increasing fuel costs are becoming a major problem for businesses in the Union and that the Union imports most of the oil used in the transport sector and that a reduction in fuel consumption would help both the businesses and the Union by decreasing oil dependency.
Amendment 31 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EU) No 510/2011
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020, this Regulation sets a target of 14720 g CO2/km for the average emissions of new light commercial vehicles registered in the Union as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures, and innovative technologies.
Amendment 39 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EU) No 510/2011
Article 5
Article 5
(2a) Article 5 is replaced by the following: "Article 5 Super-credits In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km shall be counted as: — 1 light commercial vehicle from 2014
Amendment 42 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Regulation (EU) No 510/2011
Article 5 a (new)
Article 5 a (new)
(2b) Article 5a is added: "Article 5 a Speed limiters From 1 January 2015 onwards, the maximum speed of new N1 vehicles shall be limited to 90km/h through the mandatory fitment of speed limiters.
Amendment 46 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EU) No 510/2011
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, this Regulation sets a target of 14720 g CO2/km for the average emissions of new light commercial vehicles registered in the Union as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures, and innovative technologies.
Amendment 50 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Regulation (EU) No 510/2011
Annex 1 – point 1 – point c
Annex 1 – point 1 – point c
Indicative specific emissions of CO2 = 14720 + a × (M – M0)
Amendment 55 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EU) No 510/2011
Annex I – point 1 – point b a (new)
Annex I – point 1 – point b a (new)
(5a) In point 1 of Annex I, the following point (ba) is added: "(ba) From 2025: Indicative specific emissions of CO2 = 95 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0= the value adopted pursuant to Article 13(2) a = equivalent to 100% slope
Amendment 57 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EU) No 510/2011
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(1a) In Article 1, the following paragraph is added: "2a. From 2025, this Regulation sets a target of 95 g CO2/km as the average emissions of the new light commercial vehicle fleet as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures and Annex XII to Regulation (EC) No 692/2008."
Amendment 64 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EU) No 510/2011
Article 5
Article 5
(2a) Article 5 is replaced by the following: "Article 5 Super-credits In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km shall be counted as: — 1 light commercial vehicle from 2014."
Amendment 69 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Regulation (EU) No 510/2011
Article 5a (new)
Article 5a (new)
(2b) The following Article is inserted: "Article 5a Speed limiters From 1 January 2015 onwards, the maximum speed of new N1 vehicles shall be limited to 90km/h through the mandatory fitting of speed limiters."
Amendment 84 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EU) No 510/2011
Annex I – point 1 – point c – formula
Annex I – point 1 – point c – formula
Indicative specific emissions of CO2 = 14720 + a × (M – M0)
Amendment 95 #
2012/0191(COD)
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Regulation (EU) No 510/2011
Annex I – point 1 – point ca (new)
Annex I – point 1 – point ca (new)
(5a) In point 1 of Annex I, the following point is added: "(ca) from 2025: Indicative specific emissions of CO2= 95 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0= the value adopted pursuant to Article 13(2) a = equivalent to 100% slope"
Amendment 18 #
2012/0190(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Introducing a further target of 50 g CO2/km for 2025 will help to ensure that the fuel efficiency of passenger cars will continue to improve beyond 2020, the economy will be less vulnerable towards oil price shocks and ultra-low carbon vehicles will penetrate the market in significant numbers to help meet the targets set out in the Commission's "Roadmap for moving to a competitive low carbon economy in 2050"1. _____________________ 1 COM(2011)0112.
Amendment 21 #
2012/0190(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) In order to be socially equitable and sustainable, from 2025 there should be no utility parameter and no slope.
Amendment 22 #
2012/0190(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) This Regulation should recognise the potential harm for the industry of introducing a 2025 target at a later date, which would disturb the planning reliability needed to reach an ambitious 2025 target.
Amendment 23 #
2012/0190(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Introducing a further target of 50 g CO2/km in 2025 will help to ensure that fuel efficiency of vehicles continues to improve beyond 2020, the economy is less vulnerable towards oil price shocks and ultralow carbon vehicles penetrate the market in significant numbers to help meet the targets in Europe's Roadmap 2050.
Amendment 24 #
2012/0190(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) In order to be socially equitable and sustainable, from 2025 there should be no utility parameter and no slope.
Amendment 25 #
2012/0190(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Manufacturers' compliance with the targets under this Regulation should be assessed at Union level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from 2012 onwards. The premium should be adjusted according to the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the premium should reflect technological costs and the likely upper marginal costs of compliance with this Regulation. The amounts of the excess emissions premium should be considered as revenue for the general budget of the Union.
Amendment 25 #
2012/0190(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) It is necessary to avoid the potential harm for the industry of introducing a 2025 target at a later date, which would disturb the planning certainty needed to reach an ambitious 2025 target.
Amendment 26 #
2012/0190(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The cost estimates of achieving the 95 g CO2/km target in 2020 are considerably lower than initial projections. Achieving that target is deemed feasible and hence no phase-in is deemed necessary for the date of application of this Regulation.
Amendment 28 #
2012/0190(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 28 #
2012/0190(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The costs estimates for achieving the 95 g CO2/km target in 2020 are considerably lower than initial projections. Achieving the target is deemed feasible and hence no phase-in is deemed necessary for the entry into force of the Regulation.
Amendment 29 #
2012/0190(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 31 #
2012/0190(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In recognition of the high research and development and unit production costs of early generations of ultra-low carbon vehicles it is appropriate to accelerate and facilitate, on an interim basis and to a limited extent, the process of their introduction into the Union market at their initial stages of commercializationset a limit value for 2025 now, in order to provide planning certainty.
Amendment 31 #
2012/0190(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In recognition of the high research and development and unit production costs of early generations of ultra-low carbon vehicles it is appropriate to accelerate and facilitate, on an interim basis and to a limited extent, the process of their introduction into the Union market at their initial stages of commercializationset a limit value for 2025 now, in order to provide planning certainty.
Amendment 38 #
2012/0190(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the excess emissions premium should reflect technological costs and likely upper marginal costs of compliance with this Regulation. The amounts of the excess emissions premium should be considered as revenue for the general budget of the European Union.
Amendment 42 #
2012/0190(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Some alternative fuels offer significant reductions in CO2 emissions, but it is now coming to be acknowledged that if the entire life cycle is taken into account CO2 emissions from these alternative fuels could be higher than those from conventional fuels. Emissions from all alternative fuels which are linked to upstream energy generation should therefore be taken into account, since the market share of these fuels is increasing.
Amendment 43 #
2012/0190(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to supplement the rules on derogations from the specific emissions targets, to amend data requirements for the purpose of monitoring of CO2 emissions and to adjust the formulae for calculating the specific CO2 emissions in Annex I to changes in the vehicle massfootprint value and the regulatory test procedure for the measurement of specific CO2 emissions referred to in Regulation (EC) No 715/2007. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 44 #
2012/0190(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The Commission should consider new modalities for reaching the long-term target, in particular the slope of the curve, the utility parameter and the excess emissions premium scheme. For the sake of social equity and sustainability, there should be no utility parameter and slope from 2025 onwards.
Amendment 48 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 443/2009
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020 onwards, this Regulation sets a target of 95 g CO2/km as average emissions for the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures, and innovative technologies.
Amendment 49 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 443/2009
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020 onwards, this Regulation sets a target of 9570 g CO2/km as average emissions for the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures, and innovative technologies.
Amendment 51 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation (EC) No 443/2009
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(1a) In Article 1 the following paragraph 2a is inserted: "From 2025 onwards, this Regulation sets a target of 50 g CO2/km as average emissions for the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures, and using innovative technologies."
Amendment 57 #
2012/0190(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Some alternative fuels offer significant reductions in CO2 emissions, but it is now coming to be acknowledged that if the entire life cycle is taken into account CO2 emissions from these alternative fuels could be higher than those from conventional fuels. Emissions from all alternative fuels which are linked to upstream energy generation should therefore be taken into account, since the market share of these fuels is increasing.
Amendment 57 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Regulation (EC) No 443/2009
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(3a) In Article 4, the following paragraph 2a is inserted: ‘For the purpose of compliance with the 95 g CO2/km target, 100% of each manufacturer's new passenger cars registered in the relevant year shall be taken into account.’
Amendment 61 #
2012/0190(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to supplement the rules on derogations from the specific emissions targets, to amend data requirements for the purpose of monitoring of CO2 emissions and to adjust the formulae for calculating the specific CO2 emissions in Annex I to changes in the vehicle massfootprint value and the regulatory test procedure for the measurement of specific CO2 emissions referred to in Regulation (EC) No 715/2007. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 62 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 443/2009
Article 5 a (new)
Article 5 a (new)
Amendment 66 #
2012/0190(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
Amendment 68 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation 2009/443/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020 onwards, this Regulation sets a target of 9570 g CO2/km as average emissions for the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures, and innovative technologies.
Amendment 69 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation 2009/443/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
From 2020 onwards, this Regulation sets a target of 95 g CO2/km as average emissions for the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures, and innovative technologies.
Amendment 71 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Regulation 2009/443/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(1a) In Article 1 the following paragraph is inserted after paragraph 2: "From 2025 onwards, this Regulation sets a target of 50 g CO2/km as average emissions for the new car fleet as measured in accordance with Regulation (EC) No 715/2007 and Annex XII to Regulation (EC) No 692/2008 and its implementing measures, and using innovative technologies."
Amendment 71 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC) No 443/2009
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
(4a) The following paragraph is inserted after paragraph 6: The Commission shall publish by 2016 a report examining the development of alternative fuels and the upstream emissions linked to them. In that report the Commission shall put forward proposals as to whether and how the emissions generated by the use of so- called zero-emissions vehicles can be taken into account in this Regulation.”
Amendment 76 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Regulation (EC) No 443/2009
Article 12 – paragraph 1
Article 12 – paragraph 1
(8a) In Article 12, paragraph 1 is replaced by the following: ‘Upon application by a supplier or a manufacturer, CO2 savings achieved through the use of innovative technologies shall be considered. The consideration of the technologies shall include as a minimum a verification report established by a technical service as specified in Article 7 of Regulation (EU) No 725/2011. The total contribution of those technologies to reducing the specific emissions target of a manufacturer may be up to 4 g CO2/km per vehicle.’
Amendment 78 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 10 – point -a (new)
Article 1 – point 10 – point -a (new)
Regulation (EC) No 443/2009
Article 13 – paragraph 2 – first subparagraph
Article 13 – paragraph 2 – first subparagraph
In paragraph 2, the first subparagraph is replaced by the following: ‘By 31 October 2014, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure F0, referred to therein, to the average footprint of new passenger cars in the previous three calendar years.’
Amendment 79 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 1 b (new)
Article 1 – point 1 b (new)
Regulation 2009/443/EC
Article 1 a (new)
Article 1 a (new)
(1b) The following Article is inserted: „Article 1a Utility parameter and slope In order to be socially equitable and sustainable, from 2025 there shall be no utility parameter and no slope.”
Amendment 84 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Regulation 2009/443/EC
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(3a) In Article 4, the following paragraph is inserted: „For the purpose of compliance with the 95 g CO2/km target 100% of each manufacturer's new passenger cars registered in the relevant year shall be taken into account.”
Amendment 88 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 443/2009
Annex I – point 1 – point c
Annex I – point 1 – point c
Specific emissions of CO2 = 9570 + a × (M – M 0)
Amendment 89 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 443/2009
Annex I – point 1 – point c
Annex I – point 1 – point c
Specific emissions of CO2 = 95 + a × (M – M F - F0)
Amendment 90 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 443/2009
Annex I – point 1 – point c
Annex I – point 1 – point c
Amendment 91 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 443/2009
Annex I – point 1 – point c
Annex I – point 1 – point c
Amendment 94 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 443/2009
Annex I – point 1 – point c
Annex I – point 1 – point c
a = 0,0333.17,6
Amendment 95 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation (EC) No 443/2009
Annex I – point 1 – point c
Annex I – point 1 – point c
a = 0,0333.=0
Amendment 97 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation 2009/443/EC
Article 5a
Article 5a
Amendment 97 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
(13a) In point 1 of Annex I, the following point (ba) is added: From 2025: Specific emissions of CO2 = 50 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = the value adopted pursuant to Article 13(2) a = 50% slope
Amendment 99 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13 b (new)
Article 1 – point 13 b (new)
Regulation (EC) No 443/2009
Annex I – point 2 a (new)
Annex I – point 2 a (new)
In order to be socially equitable and sustainable, from 2025 there shall be no utility parameter and no slope.
Amendment 124 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Regulation 2009/443/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
(8a) In Article 12, paragraph 1 is replaced by the following: „Upon application by a supplier or a manufacturer, CO2 savings achieved through the use of innovative technologies shall be considered. The consideration of the technologies must include as a minimum a verification report established by a technical service as specified in Article 7 of Regulation (EU) No 725/2011. The total contribution of those technologies to reducing the specific emissions target of a manufacturer may be up to 4 g CO2/km per vehicle.”
Amendment 128 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 10 – point - a (new)
Article 1 – point 10 – point - a (new)
Regulation 2009/443/EC
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
(-a) In paragraph 2, the first subparagraph is replaced by the following: „2. By 31 October 2014, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure F0, referred to therein, to the average footprint of new passenger cars in the previous three calendar years.”
Amendment 130 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 10 – point - a (new)
Article 1 – point 10 – point - a (new)
Regulation 2009/443/EC
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
(-a) In paragraph 2, the first subparagraph is replaced by the following: „2. By 31 October 2014, and every three years thereafter, measures shall be adopted to amend Annex I to adjust the figure F0, referred to therein, to the average footprint of new passenger cars in the previous three calendar years.”
Amendment 152 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 10 – point ca (new)
Article 1 – point 10 – point ca (new)
Regulation 2009/443/EC
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
Amendment 157 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation 2009/443/EC
Annex I – point 1 – point c – formula
Annex I – point 1 – point c – formula
Specific emissions of CO2 = 9570 + a × (M – M 0)
Amendment 158 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation 2009/443/EC
Annex I – point 1 – point c – formula
Annex I – point 1 – point c – formula
Specific emissions of CO2 = 95 + a × (M – M F - F0)
Amendment 161 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation 2009/443/EC
Annex I – point 1 – point c – definition of the value "M"
Annex I – point 1 – point c – definition of the value "M"
Amendment 164 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation 2009/443/EC
Annex I –point 1 – point c – definition of the value "M0"
Annex I –point 1 – point c – definition of the value "M0"
Amendment 167 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation 2009/443/EC
Annex I – point 1 – point c – value of letter "a" in the formula
Annex I – point 1 – point c – value of letter "a" in the formula
a = 0,0333.17,6
Amendment 168 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13
Article 1 – point 13
Regulation 2009/443/EC
Annex I – point 1 – point c – value of letter "a" in the formula
Annex I – point 1 – point c – value of letter "a" in the formula
a = 0,0333.=0
Amendment 171 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 13 a (new)
Article 1 – point 13 a (new)
Regulation 2009/443/EC
Annex I – point 1 – point ca (new)
Annex I – point 1 – point ca (new)
(13a) In point 1 of Annex I, the following point is added: "(ca) From 2025: Specific emissions of CO2 = 50 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = the value adopted pursuant to Article 13(2) a = 50% slope."
Amendment 193 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Fishing authorisations referred to in paragraph 1 for vessels using bottom trawls or bottom-set gillnets shall expire at the latest two years after the entry into force of this Regulation. After that date, fishing authorisations targeting deep-sea species with bottom trawls or bottom-set gillnets shall neither be issued nor renewed.
Amendment 239 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the characteristics, type and dimensions of the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity, as set out in paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. However, the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the Member State has assessed and documented, based on best available scientific advice, that such extension would not have significant adverse impacts on vulnerable marine ecosystems. This assessment shall be conducted in accordance with Annex IIa and the 2008 FAO International Guidelines for the Management of Deep-Sea Fisheries in the High Seas and shall be made publicly available. The Commission, in consultation with the Member State and the scientific advisory body, shall review this assessment to ensure that all areas where VMEs are known or likely to occur have been identified and that the proposed mitigation and management measures are sufficient to prevent significant adverse impacts on vulnerable marine ecosystems.
Amendment 247 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 250 #
2012/0179(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 259 #
2012/0179(COD)
Proposal for a regulation
Article 9
Article 9
Fishing authorisations referred to in Article 4(1) for vessels using bottom trawls or bottom-set gillnets below 400 metres shall expire at the latest two years after the entry into force of this Regulation. After that date, fishing authorisations targeting deep-sea specieallowing fishing operations below 400 meters with those gears shall neither be issued nor renewed.
Amendment 272 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. When allocating the fishing opportunities for deep-sea species available to them Member States shall use transparent and objective criteria that shall include, inter alia: (a) selectivity of fishing methods, gears and practices with low by-catch and low impact on the marine ecosystem, with a particular focus on most vulnerable species and vulnerable marine ecosystems; (b) record of compliance with the rules of the Common Fisheries Policy and EU environmental requirements and with respecting catch and/or fishing effort limits designated by scientific advice; (c) quality employment (d) fuel emissions and energy efficiency of the fishing operation; and (e) use of video surveillance or an equivalent electronic monitoring equipment, (f) working conditions that comply with relevant international standards, notably the 2007 ILO Work in Fishing Convention.
Amendment 306 #
2012/0179(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Member States shall establish a programme of observer coverage to ensure the collection of reliable, timely and accurate data on the catch and bycatch of deep-sea species, encounters with vulnerable marine ecosystems and other relevant information for the effective implementation of the provisions of this regulation. Vessels using bottom trawls or botom-set gillnets with a fishing authorisation to catch deep-sea species, whether as target or by-catch shall carry 100% observer coverage. The rest of the vessels with an authorisation to catch deep-sea species shall carry 10% observer coverage.
Amendment 124 #
2012/0055(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Ships which constitute waste and which are subject to a transboundary movement for recycling are regulated by the Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and their Disposal (‘'the Basel Convention’') and Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on the shipment of waste . Regulation (EC) No 1013/2006 implements the Basel Convention as well as an amendment to the Convention adopted in 1995, which has not yet entered into force at international level, and which establishes a ban on exports of hazardous waste to countries that are not members of the Organisation for Economic Co-operation and Development (OECD). Since ships contain hazardous materials, they are generally classified as hazardous waste by Regulation (EC) No 1013/2006 and are therefore prohibited from being exported for recycling in facilities in countries not members of the OECD.
Amendment 130 #
2012/0055(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The cost of the creation or the upgrading of ship recycling facilities satisfying high requirements related to the protection of human health and environment and suitable for the dismantling of large commercial sea- going vessels is high, the profits generated by the facilities are equally high; the commercial value of the dismantled materials in addition to the creation or further development of skilled employment will contribute decisively to a smart, sustainable and inclusive growth for coastal areas involved in this activity. Therefore, ship dismantling should be perceived as an economic activity that has a beneficial social and economic impact and positive incentives should be provided.
Amendment 152 #
2012/0055(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) "Pre-Cleaning" means the safe and lawful removal and disposal, while in OECD countries, of the hazardous materials and wastes contained in the ship structure and equipment, remaining fuel oil, liquid and gases sealed in ship machinery, as well as cargo residues, and ship generated wastes remaining on board, prior to disposal or recycling of the entire ship.
Amendment 159 #
2012/0055(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 160 #
2012/0055(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that new EU ships do not contain the substances listed in Annex I, unless their use is unavoidable, and that their elimination or substitution through design changes or materials and components is scientifically or technically impracticable.
Amendment 162 #
2012/0055(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. In order to promote the prevention of hazardous waste and the minimization of life-cycle hazards, Member States shall encourage, in particular, that: (a) shipowners, in liaison with ship builders, material and equipment manufacturers, should limit the use of hazardous substances in ships and to reduce their use in new ships based on the substitution principle. (b) the design and production of new ships takes into account and facilitates the easy and safe dismantling, repair, and recycling of end-of life ships; (c) ship builders, in liaison with material and equipment manufacturers, integrate an increasing quantity of recycled materials in ships and other products, in order to develop markets for recycled materials.
Amendment 164 #
2012/0055(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 166 #
2012/0055(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. AMember States shall ensure that an inventory of all hazardous materials shall be kept on board of each new shipEU ship and every other ship no later than one year after the adoption of this regulation.
Amendment 177 #
2012/0055(COD)
Proposal for a regulation
Article 5 – paragraph 9 a (new)
Article 5 – paragraph 9 a (new)
9a. A review, based on a thorough assessment and amendment of the list of restricted substances in Annex I shall be undertaken by the Commission three years after the entry into force of this Regulation, and periodically thereafter on its own initiative or following the submission of a proposal by a Member State. The review and amendment of the list of restricted substances in Annex I shall be coherent with other legislation related to chemicals, in particular Regulation (EC) No 1907/2006 (REACH), and shall take into account, inter alia, Annexes XIV and XVII to that Regulation. The review shall use publicly available knowledge obtained from the application of such legislation.
Amendment 178 #
2012/0055(COD)
Proposal for a regulation
Article 5 – paragraph 9 b (new)
Article 5 – paragraph 9 b (new)
9b. In order to review and amend Annex I, the Commission shall take account of whether a substance, including substances of very small size or with a very small internal or surface structure, or a group of similar substances: (a) could have a negative impact during waste management operations, including the possibilities for preparing for the reuse of waste or for recycling of materials from ships; (b) could give rise, given its uses, to uncontrolled or diffuse release into the environment, or could give rise to hazardous residues, or transformation or degradation products through the preparation for reuse, recycling or other treatment of materials from ships under current operational conditions; (c) could lead to unacceptable exposure of workers involved in the ship recycling or repairing processes; (d) could be replaced by substitutes or alternative technologies which have less negative impacts. During that review, the Commission shall consult interested parties, including economic operators, recyclers, treatment operators, environmental organizations and employee and consumer associations.
Amendment 179 #
2012/0055(COD)
Proposal for a regulation
Article 5 – paragraph 9 c (new)
Article 5 – paragraph 9 c (new)
Amendment 222 #
2012/0055(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) ensure rapid access for emergency response equipment such as fire-fighting equipment and vehicles, ambulances and cranes to the ship and all areas of the ship recycling facility once work has commenced to recycle the ship;
Amendment 223 #
2012/0055(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j a (new)
Article 12 – paragraph 2 – point j a (new)
(ja) ensure appropriate storage for dismantled spare parts, including impermeable storage for oil-contaminated spare parts;
Amendment 224 #
2012/0055(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j b (new)
Article 12 – paragraph 2 – point j b (new)
(jb) ensure appropriate impermeable and sheltered storage and containment for solid and liquid PCB/PCT waste or material.
Amendment 225 #
2012/0055(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j c (new)
Article 12 – paragraph 2 – point j c (new)
(jc) ensure that all PCB/PCT containing material is managed in accordance with the obligations and Guidelines of the Stockholm Convention.
Amendment 226 #
2012/0055(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j d (new)
Article 12 – paragraph 2 – point j d (new)
(jd) ensure functioning equipment for the treatment of water, including rainwater, in compliance with health and environmental regulations;
Amendment 227 #
2012/0055(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j e (new)
Article 12 – paragraph 2 – point j e (new)
(je) ensure appropriate storage for explosive and/or inflammable materials and gas, including the prevention of fire hazards and excessive stockpiling;
Amendment 232 #
2012/0055(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point 5 – point b – introductory part
Article 13 – paragraph 2 – point 5 – point b – introductory part
(b) which waste managetreatment process will be applied within the facility: incineration, landfilling or other waste treatment method and provide evidence that the applied process will be carried out(e.g. landfilling, neutralization of acids, chemical destruction) or other waste treatment method for each of the materials listed in Annex I, and provide evidence that the applied process will be carried out in accordance with established best practices, global norms and laws, without endangering human health, without harming the environment and, in particular:
Amendment 1 #
2011/2308(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds,[1][1] OJ L 020 26.01.2010, p. 7
Amendment 2 #
2011/2308(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to Directive 2008/110/75/ECU of the European Parliament and of the Council of 15 January 2008 concerning 24 November 2010 on industrial emissions (integrated pollution prevention and control (IPPC Directive)7 )[1][1] OJ L 334 17.12.2010, p. 17,
Amendment 4 #
2011/2308(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to 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 (as amended)[1]; and Decision 406/2009/EC of the European Parliament and of the Council of 23 April2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020[2],[1] OJ L 338 13.11.2004, p. 18-23 [2] OJ L 140 05.06.2009, p. 136
Amendment 5 #
2011/2308(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (aligning existing EU legislation to the United Nations Globally Harmonised System (GHS))[1][1] OJ L 353, 31.12.2008, p.1
Amendment 6 #
2011/2308(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to Petitions 886/2011 (on extraction of shale gas in Poland) and 1378/2011(on the risks associated with shale gas exploration and extraction in Bulgaria) of the Committee on Petition.
Amendment 8 #
2011/2308(INI)
Motion for a resolution
Citation 18
Citation 18
– having regard to Articles 4, 11, 191, 192, 193 and 194 of the Treaty on the Functioning of European Union,
Amendment 10 #
2011/2308(INI)
Motion for a resolution
Recital A
Recital A
A. whereas recent technological advancements have already spurred a rapid, commercial-scale extraction of unconventional fossil fuels (UFF) in certain parts of the world, significantlyperceived as increasing energy security, strengthening the overall economy and increasing employment, competitiveness and innovativeness, however resulting also in significant negative impacts on the environment and public health;
Amendment 13 #
2011/2308(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas hydraulic fracturing and extraction of unconventional fossil fuels contradict EU climate objectives, risk delaying the necessary economic transition away from fossil fuels and have negative impacts on employment, competitiveness and innovation in other economic sectors, in particular agriculture, tourism, and other activities dependent on water and ecosystem services;
Amendment 16 #
2011/2308(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the extraction of unconventional fossil fuels results in extremely high CO2 emissions and stimulates uncontrollable climate change;
Amendment 19 #
2011/2308(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Energy Roadmap 2050 indentifies that gas willcould be critical for the transformation of the energy system by helping to reduce emissions; whereas the EP resolution on Low Carbon Roadmap 2050 acknowledges that power sector needs to practically decarbonise by 2050; whereas the Commission notes that shale gas and other UFF willcould become a verypotential important new source of supply in or around Europe;
Amendment 24 #
2011/2308(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas increasing oil and gas extraction results in a lowering of the incentive to switch to renewable energies;
Amendment 26 #
2011/2308(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas unconventional fossil fuels are superfluous in terms of the switching of the energy system to renewable energies;
Amendment 28 #
2011/2308(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the two maincombination of two techniques deployed in unleashing the UFF potential of shale gas and coal bed methane, horizontal drilling and hydraulic fracturing, have been used for decades; should not be mistaken for well stimulation techniques used for the extraction of conventional fossil fuels due to the combination of these two techniques and the scale of intervention involved;
Amendment 33 #
2011/2308(INI)
Motion for a resolution
Recital D
Recital D
D. whereas important analysis is still ongoing and there is a growing need for further and continuous research; whereas the existence and transparency of data, sampling and tests is paramount to high- quality research in support of proper regulation that will protect public health and the environment;
Amendment 34 #
2011/2308(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the estimated level of deposits of unconventional fossil fuels in the EU has already had to be corrected downwards to a significant degree several times in the past;
Amendment 35 #
2011/2308(INI)
Motion for a resolution
Recital E
Recital E
E. whereas any type of fossil fuel and mineral extraction involves potential risks for the environmenthuman health and the environment, including those triggered by climate change; whereas it is essential that a precautionary principle be applied to any future decisions about the development of fossil fuel resources in Europe in order to minimise such risks via , taking into accountinuous research, proper management, regulation and monitoring at potential impacts from all stages of the exploration and exploitation process;
Amendment 42 #
2011/2308(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas many governments in Europe, such as France, Bulgaria, North Rhine Westphalia in Germany, Fribourg and Vaud in Switzerland, as well as a number of US states (North Carolina, New York, New Jersey, and Vermont and more than 100 local governments) and other countries around the world (South Africa, Quebec in Canada, New South Wales in Australia) currently have a ban or moratorium in place on the use of hydraulic fracturing for the extraction of oil and gas from shale or other 'tight' rock formations;
Amendment 43 #
2011/2308(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas a number of Member States, such as the Czech Republic, Romania and Germany, are currently considering a moratorium on the exploration and extraction of oil and gas from shale or other 'tight' rock formations;
Amendment 48 #
2011/2308(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Urges Member States to not allow further shale gas, shale oil and coal bed methane activities to proceed given the serious environmental and health risks involved in hydraulic fracturing to extract shale gas;
Amendment 56 #
2011/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, given the relative novelty of UFF to the general public, a thorough assessment should be conductedhydraulic fracking and UFF must be subject to a thorough human health and environmental impact assessment on the basis of the European regulatory framework and improvement measures taken, where necessary, in line with Treaty principles;
Amendment 61 #
2011/2308(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that prevailing expert opinion indicates thatWhile some of the inherent risks of UFF extraction, most of which are are partly common to conventional fossil fuel extraction, and could be contained through pre-emptive measures, including proper planning, testing, use of new technologies, best practices and continuous data collection, monitoring and reporting; considers that as a minimum it is necessary to require measuring for baseline levels of naturally occurring methane and chemicals in groundwater in aquifers, and current air quality levels at potential drilling sites, before the beginning of new hydraulic fracturing or other UFF exploration or extraction;
Amendment 65 #
2011/2308(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Commission's preliminary assessment on the EU environmental legal framework applicable to UFFhydraulic fracturing; urges the Commission to use its powers regarding proper transposition and application of key EU environmental acts in all Member States, and issue without delay guidance on the establishment of baseline water monitoring data necessary for environmental impact assessment of shale gas exploration and extraction, as well as criteria to be used for assessing impacts of hydraulic fracturing to groundwater reservoirs in different geological formations, including potential leakage, and cumulative impacts;
Amendment 68 #
2011/2308(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that methane is a powerful greenhouse gas, the emissions of which must be fully accounted for under either Directive 2003/87 (ETS) or Decision 406/2009 (the 'effort sharing decision');
Amendment 71 #
2011/2308(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that proper regulation of UFF exploration and extraction ultimately depends on the competence and resources of the relevant national authorities; calls on Member States, therefore, to ensure proper training and international exchafull compliance with existing EU legislation, sufficient human and technical capacities for monitoring, inspection and enforcement of permitted activities, includinge programmesper training for the staff of the competent national authorities, and to establish a coordinating platform to oversee the UFF responsibilities of the various competent authorities;
Amendment 75 #
2011/2308(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes the importance of the work undertaken by reputable institutions, notably the International Energy Agency (IEA), to prepare a comprehensive Best Available Techniques (BAT) reference document on hydraulic fracturing; calls on the Commission to cooperate with the Member States, the IEA and industry associations to this endguidance on best practice regarding regulations for unconventional gas and hydraulic fracturing;
Amendment 79 #
2011/2308(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to include shale gas extraction under the Industrial Emissions Directive and requirements regarding Best Available Techniques, in addition to the waste treatment requirements under Mining Waste Directive;
Amendment 82 #
2011/2308(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises that industry bears primary responsibility for preventing and reacting to accidents and calls for Member States to require from operators sufficient compulsory financial guarantees for environmental and civil liability for responding to any accidents or unintended negative impacts, at all stages of exploration, exploitation and dismantling; welcomes the progress made by the industry in setting high environmental and safety standards, but notes that strong concerns about the sufficiency of such standards still exists; stresses the importance of monitoring the industry's compliance by means of regular inspections carried out by trained and independent specialists;
Amendment 84 #
2011/2308(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to introduce opportunities for funding research projects in environmentally ameliorative UFF technologies within the framework of EU research and development (R&D) programmes such as Horizon 2020 and the European Strategic Energy Technology Plan (SET)energy companies active in the field of UFF extraction to invest in research in improving the environmental performance of UFF technologies; urges EU-based undertakings and academic institutions to develop relevant cooperative R&D programmes leading to greater safety inunderstanding about the safety and risks in UFF exploration and production (E&P) operations;
Amendment 87 #
2011/2308(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls the G20 commitment to phase out fossil fuels subsidies; concludes consequently that exploration and exploitation of fossil fuels sources, including unconventional sources, must not be subsidised from public funds;
Amendment 88 #
2011/2308(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Considers that mutual non- disclosure agreements regarding damage to environmental, human and animal health, that have been practiced between landowners in the vicinity of shale gas wells and shale gas operators in the US would not be in line with Union and Member State obligations under the Aarhus convention, the Access to Information directive (2003/04/EC) and the Environmental Liability Directive;
Amendment 89 #
2011/2308(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that the types of rocks present in each individual region determine the design and method of extraction activities; calls for mandatory pre- authorisation precedingbaseline analysis of groundwater and geological analysis of the deep and shallow geology of a prospective shale play prior to authorisation, including reports on any past or present mining activities in the region;
Amendment 92 #
2011/2308(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to bring forward proposals to ensure Environmental Impact Assessment Directive provisions adequately cover the specificities of shale gas, shale oil, and coal bed methane exploration and extraction; insists that prior environmental impact assessment include full life cycle impacts on air quality, soil quality, water quality, geological stability, land use and noise pollution;
Amendment 95 #
2011/2308(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Calls on the Commission to include hydraulic fracturing in Annex III of the Environmental Liability Directive and to require compulsory financial security or insurance in case of environmental damage;
Amendment 96 #
2011/2308(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Considers it appropriate, in context of liability, considers it appropriate to provide for the reversal of the burden of proof for shale gas operators, where, in view of the nature of the disturbance and its adverse effects, other possible causes and any other circumstances, the balance of probability indicates that shale gas operations were the cause of the environmental damage;
Amendment 97 #
2011/2308(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Calls on the Commission to bring forward proposals to explicitly include fracking fluids as 'hazardous waste' under Annex III of the European Waste Directive (2008/98/EC);
Amendment 98 #
2011/2308(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises the relatively high water volumes involved in hydraulic fracturing; points out, however, that such volumes are not as significant in comparison to the needs of other industrial activities; highlights the need for advance water provision plans based on local hydrology; highlights the need for advance water provision plans based on local hydrology taking into account other competing water users, to inform the integrated environment and health impact assessment;
Amendment 106 #
2011/2308(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recalls that Water Framework Directive requires Member States to implement the measures necessary to prevent the deterioration of the status of all bodies of groundwater, including from point sources such as hydrocarbon exploration and extraction;
Amendment 109 #
2011/2308(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that, given the depth (over 3km) at which hydraulic fracturing takes place, the main immediate concern regarding groundwater contamination is often well integrity and; the quality of casing and cementing, including its ability to resist the high pressure of the liquid injected and the generated earth tremors, in addition to the concern related to the release and travel of hazardous chemicals and naturally occurring radioactive substances to water reservoirs;
Amendment 113 #
2011/2308(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Concurs with the Commission analysis that Article 11 (3)(j) of the Water Framework Directive does not allow the injection of flow back water for disposal into geological formations;
Amendment 117 #
2011/2308(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that effective prevention requires consistent monitoring of strict adherence to the established highest standards and practices in well-bore construction; underlines that both industry and competent authorities should ensure regular quality control for casing and cement integrity; points out that this requires significant human resources and technical expertise taking into account also the very high well density of such operations;
Amendment 122 #
2011/2308(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that on-site closed-loop water recycling, using steel storage tanks, offers the most environmentally sound way of treating flow-back water by minimising water volumes, the potential for surface spills and costs/traffic/road damage relating to water treatment transportation; rejects injection of flow back waste waters for disposal;
Amendment 133 #
2011/2308(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that there should be a mandatory obligation to declare the chemical content of fracturing fluidby any operator to disclose the information referred to in REACH Article 119(1) and (2) about all the chemicals to be used in fracturing fluid and to make publicly available the exposure scenarios and proposed risk reduction measures; maintains that full transparency and disclosure should be required of operators prior to any drilling ;
Amendment 136 #
2011/2308(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to request the European Chemicals Agency to conduct a manual analysis of registration dossiers, their updates and the notifications submitted by downstream user companies with regard to chemicals likely to be used in hydraulic fracturing for natural gas, oil or coal bed methane, so as to check whether the related exposure scenarios and risk management measures are adequate, within the times required by the REACH law, and report by end of 2012;
Amendment 140 #
2011/2308(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that multi-horizontal-well drilling pads minimise land use and landscape disturbance over a larger area, but intensifies the impacts at the point of drilling over a longer period of time;
Amendment 143 #
2011/2308(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes that the production volumes of shale gas wells in the United States are characterized by a sharp decline after the first two years, which leads to a high intensity of continuous drilling for new wells, notes that the storage tanks, compressor stations and pipeline infrastructure further add to the land use impact of the shale gas activities;
Amendment 148 #
2011/2308(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Points out that any favourable comparison of lifecycle ghg balance of shale gas compared to coal is dependent on a one-hundred year atmospheric lifetime assumption; considers that the necessity to peak global emissions by 2020 would warrant examination over a shorter period, e.g. 20 years as more appropriate; calls for further scientific research to fugitive methane emissions to improve accounting for such emissions under member states annual inventories and targets under Effort Sharing Decision;
Amendment 152 #
2011/2308(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Urges the Commission to bring forward legislative proposals to make the use of a completion combustion device, i.e. 'green completions' mandatory for all shale gas wells in the EU, to limit flaring only in case of concerns about safety and to forbid venting of all shale gas wells completely, in an effort to reduce the fugitive methane emissions and volatile organic compounds linked to shale gas;
Amendment 156 #
2011/2308(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises that drilling activities could temporarilyan worsen living conditions and calls, therefore, for all the necessary measures to be taken, in particular by the industry through the implementation of best available techniques and by the public authorities through the application of strict regulations, to minimise the adverse consequences of such activities;
Amendment 158 #
2011/2308(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on all Member States, taking into account the negative environmental, health and land use impacts and where it is not possible to guarantee no deterioration of water resources from hydraulic fracturing, to suspend on-going shale gas or other UFF activities, and to refrain from further permits for any new projects, whether exploration or exploitation;
Amendment 162 #
2011/2308(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that public participation should be ensured through adequate public information campaigns before exploration and through public consultation before theeach stage of exploitation stagesand exploration; calls for greater outreach and public education in UFF activititransparency of impacts, of chemicals and technologies used, as well as of all inspections and control measures in order to ensure public understanding, acceptance and confidence in the regulation of these activities;
Amendment 166 #
2011/2308(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes in this regard the 2012 EU budget appropriation for such a public dialogue and encourages the Member States to make use of this funding so as to ensure that citizens living in potential UFF development areas are better informed; and can effectively participate in decision making in their local and national governance structures;
Amendment 21 #
2011/2307(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 82 #
2011/2307(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and Member States to ensure adequate funding for the Natura 2000 sites, including creating a specific financial instrument at EU level, which can complement either the LIFE program or other sectoral policy instruments; in particular, calls on Member States to develop binding national instruments through which they define priority conservation measures and the related planned source of financing (both from EU funds and Member States’ own budgets);
Amendment 86 #
2011/2307(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Warns of the relationship between biodiversity and natural disasters caused by man, and urges the European Commission to adopt, without delay, the recommendations contained in the resolution of the European Parliament concerning a Community approach to the prevention of natural disasters caused by man, passed in 2010.
Amendment 138 #
2011/2307(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises the importance of halting and reversing the reduction in species diversity and crop varieties, leading to an erosion of the genetic basis on which human and animal nutrition depends; advocates the need to promote the use of traditional agricultural varieties specific to certain regions and rejects the homogenisation/specialisation of agricultural production, flowing from successive CAP reforms;
Amendment 155 #
2011/2307(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Advocates the appropriateness of “Greening” practices to agricultural diversity in the various Member States, taking into account, for example, the specific situation of Mediterranean countries, which is not addressed by the proposed thresholds in relation to the diversification of crops and land of ecological importance; assembled crops, permanent crops (olive groves, vineyards, apple orchards) or rice crops are some examples of the practices that should be compatible with “greening”, given the high ecological and conservation value that some of these agricultural systems may have.
Amendment 157 #
2011/2307(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes that the general philosophy of the current CAP reform proposal points to a “greater market orientation” and towards “competitiveness”, calls for the dismantling or sever limitation of the instruments regulating production and the markets, as well as subjecting agriculture to the WTO rules, thereby promoting productavist models, which are intensive and export orientated, threaten and destroy the natural resources and biodiversity and are contradictory to the proclaimed “greening”;
Amendment 180 #
2011/2307(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Draws attention to the fact that the increase in the demand for agricultural fuels and the consequent intensification of pressure for their production in developing countries is threatening biodiversity, particularly in developing countries, through the degradation and conversion of habitats and ecosystems such as wetlands and forests, among others;
Amendment 199 #
2011/2307(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Warns of the fact that various highly valued species and habitats, from a conservation perspective, including those protected by Community legislation, are dependent on the agricultural environmental systems in which the man’s presence is a key factor; in this context, it highlights the importance in halting and reversing land abandonment, promoting the placement of people in rural areas; advocates increased support for small and medium sized agriculture, for family-based agriculture and for comprehensive agricultural practices, promoting good conservation practices of natural resources.
Amendment 204 #
2011/2307(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomNotes the Commission’s proposals for the reform of the common fisheries policy (CFP), which shouldbut deems them to be insufficient to guarantee the effective implementation of the ecosystem approach and the application of updated scientific information serving as the basis for long- term management plans for all commercially exploited fish species; emphasises that only sustainable fishing offers a future for the fisheries sector;
Amendment 206 #
2011/2307(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Raises, as a concern, the Commission’s insistence on the centralised management of the CFP, often resulting in inadequate guidelines of the reality and with results that are very often contrary to what was intended, considers the amendment of the CFP should ensure conditions for effective proximity management – the one that best ensures the necessary environmental sustainability – that defined objectives of a general nature have the complete freedom and autonomy to provide the most appropriate instruments to achieve these objectives, taking into account local, regional and national specificities;
Amendment 208 #
2011/2307(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Stresses that there remain large gaps in knowledge regarding the state of marine ecosystems and fisheries resources, and calls for increased Community effort directed towards marine research and an increase in EU co-financing in the acquisition of biological data by the Member States, within the scope of the CFP (currently restricted to a maximum amount of 50 %);
Amendment 210 #
2011/2307(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission and the Member States to cooperate with a view to establishing a ‘European coastguard’ in order to boost common monitoring and inspection capacity and to ensure enforcementmore closely to combat illegal fishing, in comply fully with the allocations made by the by competent national authorities;
Amendment 217 #
2011/2307(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the aim of eliminating discards and by-catches of protected non- target species should be incorporated into the CFP and implemented as a matter of urgency, given the diversity of fisheries at European level and differentiated approach that it necessarily demands;
Amendment 232 #
2011/2307(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Advocates the need for strategies to manage and eradicate alien invading species, which have spread to such a degree has turned them into a serious ecological problem; considers these strategies should not be restricted to only those species considered a “priority”, as advocated by the Commission in its communication;
Amendment 235 #
2011/2307(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on Member States to monitor and report regularly to the Commission and the other Member States on imports of exotic species into its territory; calls for greater restrictions on the importation and private possession of endangered species, such as primates, reptiles and amphibians;
Amendment 251 #
2011/2307(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Acknowledges that there are direct and direct impacts on biodiversity resulting from liberalization of international trade; considers it essential that the same are appropriately assessed and avoided;
Amendment 271 #
2011/2307(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Advocates for greater Community accountability for the protection of the natural resources in the Natura 2000 Network, especially in terms of its financing;
Amendment 272 #
2011/2307(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Notes the difficulties experienced by several Members States in the management of areas included in the Natura 2000 Network, due to the lack of a specific financial instrument aimed at the management of the areas included in the Natura 2000 Network, which complements the inclusion of biodiversity concerns in the sectoral policies;
Amendment 283 #
Amendment 285 #
2011/2307(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Proposes holding an annual tripartite meeting between the Council and the Commission and the European Parliament, to review the progress of the Strategy on biodiversity, as well as an annual conference on biodiversity involving non-governmental organisations from several Member States, European and national parliamentarians, paying special attention each year to a previously defined subject;
Amendment 286 #
2011/2307(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Expresses its disappointment with the proposed allocation for the new LIFE program, which, despite the remarkable success of this program over two decades, continues to have an insignificant part of the EU budge; considers that the challenges posed in the biodiversity and Nature conservation plan require a substantial increase funds allocated to the LIFE program;
Amendment 35 #
2011/2194(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view that the 7th EAP should ensure full implementation of the climate and energy package and provide for a strengthening of itprovide for a strengthening of the ambition of european climate policy by increasing the 2020 climate target to 40% in accordance with the figures of the IPCC to likely prevent global warming to exceed 2°C ;
Amendment 42 #
2011/2194(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Takes the view that the 7th EAP should also take the debate beyond 2020 and consider midterm targets for emissions reductions, energy efficiency and renewables for 2030;
Amendment 203 #
2011/2096(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the behaviour of transport users is decisive and calls for the creation of incentives to choose sustainable, physically active and safe means of transport and mobility, where proposals should be made by 2013 to develop infrastructure for pedestrians and cyclists in towns with the goal of doubling the numbers of pedestrians and cyclists by 2020, to double the number of passengers on public transport, which mainly uses alternative sources of energy, and to establish e-tickets for multi-modal travel, and where pricing policy should be considered as an incentive;
Amendment 306 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 4 a (new)
Paragraph 15 – indent 4 a (new)
- by 2013, the submission of a ‘Walking and Cycling Master Plan’, whereby, from 2014, at least 15% of EU co-funding should be invested in non-motorised carriers;
Amendment 31 #
2011/2072(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the Environmental Liability Directive (ELD) should strictly apply the ‘polluter pays’ principle to all damages caused to marine waters and biodiversity, so that oil and gas companies can be held accountable for any damage they cause and fully cover potential damage without any upper limit, secured by reserves held by the operators;
Amendment 50 #
2011/2072(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for an extension of the Environment Impact Assessment (EIA) directives to cover all offshore projects phases (exploratory, operational, and decommissioning) and calls for specific requirements for EIAs in case of drilling activities in deep waterdrilling activities in deep water to be banned owing to the uncontrollable risks;
Amendment 52 #
2011/2072(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for a ban on offshore oil and gas extraction in the Arctic for undertakings with headquarters on EU territory, since the Arctic ecosystem is too fragile;
Amendment 57 #
2011/2072(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission to re-examine its proposal on Industrial major accidents: control of hazards involving dangerous substances (SEVESO III) in order to extend its scope to oil rigs and to all phases of exploration for oil and gas reserves up until the decommissioning of the well;
Amendment 60 #
2011/2072(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that, whatever safety measures are taken, offshore oil and gas extraction constantly pollutes the marine environment with oil and causes leaks of gas into the sea and atmosphere, in the case of offshore gas extraction, even during normal operation;
Amendment 8 #
2011/2048(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the expenditure of public institutions in the European Union constitutes a considerable part of Europe’s GDP; considers that environmentally-harmful production and consumption patterns might be reduced through the award of public procurement contracts;
Amendment 20 #
2011/2048(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Advocates that environmental considerations should be included in all public procurement contracts; stresses that the Public Procurement Directive should be amended to make it clearer that it is both desirable, financially advantageous and possible for public operators to impose environmental conditions and take account of environmental impact when awarding contracts;
Amendment 29 #
2011/2048(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need to take into account social standards when awarding public procurement contracts;
Amendment 38 #
2011/2048(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Maintains that the directive should be amended to make it clearer that it is both possible and desirable to take account of the environmental impact of the subject of the contract throughout its entire life cycle, including the whole production process and its conditions;
Amendment 50 #
2011/2048(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the ‘lowest price’ award criterion should only be used if it can be justified on the grounds that environmental requirements are irrelevant to this specific case and social standards are being maintained or that strict environmental conditions have been imposed in the technical specifications;
Amendment 9 #
2011/2034(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the fact that substantial investments need to be made in energy infrastructure in order to achieve our goal for a low carbon economy by 2050; notes that not making these investments would result in much higher costs in terms of environmental deterioration, rising energy prices, increased energy insecurity and dependency, as well as a decrease in employment and welfare. These investments cshould come from both private and public sources, whereas revenues from a Financial Transaction Tax (FTT), a green/carbon taxcombined primary energy/CO2 tax on energy inputs, including nuclear energy, and from the auctioning of allowances of the revised ETS could be used to bridge the funding gap and to boost investments, for instance to adapt our energy grids to the requirements of renewable energies;
Amendment 24 #
2011/2034(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to modernise their national energy grids and interconnect them with a European super smart grid while providing major energy storage capacities within the EU and a stable and secure flow of affordable energy; furthermore stresses the need for all grids to be adapted, in a way that allows for unhindered feed-in of electricity generated by renewable energy as well asnd for the full use of opportunities for the best possible environmental outcomes in the routeing of power lines, and the need to modernise the grids in order to avoid losses of energy; stresses also the need to take further action to connect isolated territories (e.g. islands and peripheral regions) to the European electricity grid;
Amendment 30 #
2011/2034(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Concurs with the Commission that the blue print methodology will turn into reality the priority projects through faster and more transparent permit granting procedures, while at the same time calls on the Commission and the Member States to adapt accordinglyensure more effective, efficient and transparent the Environmental Impact Assessment and Strategic Environmental Assessment procedures; moreover, stresses the need to increase public participation in the decision-making process which can improve public trust and acceptance of the installations.
Amendment 33 #
2011/2034(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Concurs with the Commission that the blue print methodology will turn into reality the priority projects through faster and more transparent permit granting procedures, while at the same time calls on the Commission and the Member States to adapt accordingly the Environmental Impact Assessment and Strategic Environmental Assessment procedures; moreover, stresses the need to increase public participation in the decision-making process which can improve public trust and acceptance of the installationand clarify the early provision of public information, participation by local people in the decision-making process and citizens’ right of appeal against local authority decisions, which can improve public trust and acceptance of the installations; to that end draws attention to the usefulness of online publication of plans with access for all interested parties.
Amendment 4 #
2011/2012(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Commission Communication "A Roadmap for moving to a competitive low carbon economy in 2050"(COM(2011)0112),
Amendment 7 #
2011/2012(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- having regard to the Commission Communication on Energy efficiency Plan 2011 (COM(2011)0109),
Amendment 14 #
2011/2012(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU's climate objective is to limit climate change to 2°C above the pre- industrial level; whereas the climate package adopted in December 2008 representsed a first step towards ensuring EU action in line with this objective; nevertheless, before the last COP 16 in Cancun, recommendations from IPCC and updated scientific studies warned that, even with an emission reduction of at least 40%, a 2°C temperature limit will be achieved with only a 50/50 probability; whereas countries representing some 80% of global emissions have pledged to reduce emissions, although the Parties to the UNFCCC acknowledged in Cancun that current pledges are insufficient to meet the 2°C objective, recommending to include a 1.5°C temperature limit target,
Amendment 37 #
2011/2012(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, due to the economic crisis, emissions from sectors in the EU emissions trading system (ETS) have been considerably lower than projected, and below the level of initial allocation, even if not all the industrial sectors exhibited the same downward trends and the long-term consequences of the recession on the greenhouse gas emissions remain to be determined,
Amendment 48 #
2011/2012(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the lower carbon price will have a significant impact on investment decisions and will reduce the revenues from auctioning allowances for financing climate action in the EU and in developing countries, therefore as recommended in the COP 16 conclusions Parties should both supplement those mechanisms by domestic mitigation efforts and apply to non-market-based mechanisms to enhance the cost effectiveness of and adequate promote mitigation actions
Amendment 78 #
2011/2012(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication demonstrating that stepping up to a 30% target is technically feasible and, economically affordable, convenient for improving industrial innovation and jobs within the EU and more consistent in helping the achievement of the developed countries target in reducing greenhouse gas emissions at the high end of the 25-40% range for 2020;
Amendment 93 #
2011/2012(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. CReiterates the need to adopt a domestic greenhouse gas emission reduction target for the EU of 30% by 2020 as compared with the 1990 level, although a 40% domestic target should be needed to stay well below 2°C temperature rise above pre-industrial levels; therefore calls for the Commission to come forward with proposals to move to a 30% greenhouse gas reduction target for 2020 as soon as possible, and at the latest by the end of 2011;
Amendment 98 #
2011/2012(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the engagements and recommendations set by the European Commission in the Roadmap to a low carbon economy in 2050 accompanied with effective legislative measures on improving the use of renewable sources of energy, energy savings and efficiency, could lead to a more ambitious and achievable target of even 40% of emission reduction by 2020
Amendment 107 #
2011/2012(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, according to IPCC 4AR, to have a 50% chance of limiting climate change to 2°C industrialised countries need to reduce their emissions by 25-40% by 2020; points out that the EU's current target is not even in line with its 2°C objective, while the Cancun conclusions asked all Parties to be ready in next COP 17 in Durban to pledge for emission reductions consistent with a 1.5°C temperature limit to ensure a high probability of safeguarding the survival of all nations, peoples and ecosystems;
Amendment 134 #
2011/2012(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that delaying climate action would result in higher costs not only for achieving the 2050 target due to stranded investment in high-carbon capital stock and slower technological learning, but also in loosing an innovative EU leading role in research, job creation and giving guidance for a greener sustainable economy;
Amendment 150 #
2011/2012(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises that investment in green technologies depends heavinot only on the price signal delivered by the carbon market andbut also in the implementation of consistent environmental policies aiming to develop social and greener economy as a job creation alternative to economic decline and crisis; concludes therefore that, under the current 20% target, the ETS will have a very limited role in driving emission reductions and deployment of low- emission technologies in the sectors it covers; thereby risking a lock-in carbon intensive installations and infrastructures for the coming decades;
Amendment 160 #
2011/2012(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that, due to the surplus and low carbon price, the auction of allowances will also not mobilise resources for climate investments as expected while domestic targets in developing energy efficiency and savings will be more effective in stimulating adequate investments;
Amendment 177 #
2011/2012(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that an achievement by 2050 of a renewable share of 92% of energy and a reduction by 95% of energy related CO2 emissions that will cost the EU only an additional 1,800 billion euro in investments but would bring savings in fossil fuel costs over the next 40 years of approximately 2,650 billion euro.
Amendment 183 #
2011/2012(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the Commission analysis that cost-effective sharing of the additional effort between ETS and non-ETS sectors remains the same as under the climate package, therefore calls Member States to enhance their efforts in innovative investments and implementation of provisions of existing energy savings directives to achieve more ambitious targets;
Amendment 188 #
2011/2012(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Concurs with the Commission analysis that moving to a domestic 30% reduction target with cost-efficient effort sharing between ETS and non-ETS, and a 25% domestic effort (the rest with offsets), sectors would correspond to an ETS cap reduction of more than 1.4 billion allowances;
Amendment 203 #
2011/2012(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges Member States to ensure that all revenues coming from auctioning of emission allowances are earmarked for further investments in mitigation and adaptation measures;
Amendment 213 #
2011/2012(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deplores the lack of measures to capture the negative-cost greenhouse gas reduction potential in energy and resource efficiency, thereby missing half of the EU's non binding 2020 target to save 20% of primary energy consumption; calls for strict application of the least lifecycle cost principle in implementing measures under the Eco- design Directive and for the Commission to review the methodology to consider alignment to a ‘top-runner’ approach;
Amendment 235 #
2011/2012(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates that EU reduction targets need to be primarily achieved within the EU by effective domestic reductions; recalls that the use of international offsets replaces investment into the EU economy and delays domestic reductions in the EU;
Amendment 256 #
2011/2012(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is convinced that the advantage of acting earlier contributes to significant long-term benefits for Europe's competitiveness, by maintaining a strong position in a rapidly growing global market for clean technologisustainable technologies, by developing new job opportunities enhancing the life-long-learning programmes;
Amendment 272 #
2011/2012(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that a move to a domestic 30% climate target for 2020 would restore the incentives for innovation lost by the easing of the 20% target;
Amendment 298 #
2011/2012(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes the Commission analysis that achieving a domestic 30% reduction target will reduce the imports bill of oil and gas by some EUR 140 billion in 2020and by 2020 the total savings will amount to EUR 45.5 billion, assuming an oil price of USD 88 per barrel in 2020; considers that this oil price estimate is likely to be very conservative, as the International Energy Agency (2010) predicts an oil price of USD 108 by 2020, which would increase the estimated benefits of lower energy imports by more than 20%, thereby lowering the cost of achieving a domestic 30% reduction target;
Amendment 316 #
2011/2012(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Concludes that stepping up to a 30%domestic 30% target and even going beyond towards a 40% emission reduction target has more benefits than costs for EU citizens and a domestic achievement of the reduction targets would bring the highest overall benefit both for industrial and agricultural development and for boosting quality and quantity of employment;
Amendment 330 #
2011/2012(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes the concern with regards to carbon leakage under the current ETS while at the same time unused free allowances have been monetised by energy-intensive sectors;
Amendment 336 #
2011/2012(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that installations representing a very large majority of the non-power sector emissions covered by the ETS have been granted free allocation up to a product specific benchmark calculated on the basis of high pre-recession production year average levels for the entire period up to 2020 and that in order to preserve integrity and adequated tailored benchmarking all concerned stakeholders have been widely involved;
Amendment 360 #
2011/2012(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Supports applying a more targeted approach totresses the need to phase out of any use of offsets, and restrictstarting by banning the use of CDM credits generated in energy- intensive sectors in countries other than the least developed countries, initially through measures such as the application of a multiplier, for instance requiring two CDM credits to be surrendered per tonne emitted in the ETS;
Amendment 64 #
2011/0438(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particularincluding the in-house award contracts and allowing where appropriate the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union.
Amendment 72 #
2011/0438(COD)
Proposal for a directive
Recital 14
Recital 14
(14) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union is interpreted divergently between Member States and even between contracting authorities. It is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules. However, the application of public procurement rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks. Contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled. This directive should aim to ensure that any exempted public-public cooperation does not cause a distortion of competition in relation to private economic operators. Neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competitionis ruled in full transparency and it is responding to essential needs of the concerned citizens.
Amendment 75 #
2011/0438(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, energy efficiency, social or other characteristics should be able to refer to particular labels, such as the European Eco-label, (multi-)national eco- labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, distributors and environmental organisations, can participate, and that the label is accessible and available to all interested parties.
Amendment 80 #
2011/0438(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, social and environmental compliance, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to setshould show the effective compliance and inclusion of adequate quality standards by using technical specifications or contract performance conditions.
Amendment 92 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services, including public contracts or cooperation agreements among public authorities, by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.
Amendment 94 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘tenderer’ means an economic operator both public or private controlled that has submitted a tender;
Amendment 144 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation, including the same respect of the relevant environmental legislation and when required in particular the Environmental Impact Assessment and Environmental Strategic Impact Assessment. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 147 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – introductory part
Article 55 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority mayshall exclude from participation in a public contract any economic operator if one of the following conditions is fulfilled:
Amendment 2 #
2011/0437(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The absence of clearCurrent rules at Union level governing the award of concession contracts gives rise toprovide adequate legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Small and Medium Enterprises (SMEs), are being deprived of. All economic operators can use their rights within the Internal Market and miss out onto benefit from important business opportunities, while public authorities may not findare able to make the best use of public money so that EU citizens benefit from quality services at best prices. An adequate legal framework for the award of concessions would ensure effective and non-discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic services to the citizen.
Amendment 3 #
2011/0437(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy4 as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. The award of works concessions is presently subject to basic rules of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts while the award of services concessions with a cross-border interest is subject to the principles of the Treaty, and in particular the principle of free movement of goods, freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. There is a risk of legal uncertainty related to different interpretations of the principles of the Treaty by national legislators and of wide disparities among the legislations of different Member States. Such risk has been confirmed by the extensive case law of the Court of Justice of the European Union but which has only partially addressed certain aspects of the award of concession contracts. Hence, a uniform concretisation of the Treaty principles across all Member States and the elimination of discrepancies in their understanding following therefrom is necessary at the Union level in order to eliminate persisting distortions of the Internal Market.
Amendment 4 #
2011/0437(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 6 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services is subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operatorwhen the Member State or the contracting authority grants an economic operator for remuneration the right to exploit certain public domains or resources, such as tenancy or land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or servicesfor land at maritime and inland ports and in which, as a rule, only general conditions for their use are established without the contracting authority becoming the recipient of specific services provided by the contract partner.
Amendment 11 #
2011/0437(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure a real opening up of the market and a fair balance in the application of concession award rules in the water, energy, transport and postal services sectors it is necessary for the entities covered to be identified on a basis other than their legal status. It should be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudicgranted. It is also necessary to ensure, in keeping with Article 345 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.
Amendment 12 #
2011/0437(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) In accordance with Article 14 of the Treaty on the Functioning of the European Union in conjunction with Protocol 26 on services of general interest, national, regional or local competent authorities should have wide discretion in deciding whether to award contracts for services of general interest.
Amendment 13 #
2011/0437(COD)
Proposal for a directive
Recital 17
Recital 17
(17) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules. The relevant case-law of the Court of Justice of the European Union (ECJ) on cooperation among contracting authorities is interpreted differently between Member States and even between contracting authorities or certain contracting entities. It is therefore necessary to clarify in what cases concessions concluded between such authorities are not subject to the application of public concession award rules. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under Art. 4 (1) (1) does not as such rule out the application of concession award rules. However, tECJ. The application of concession award rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks. Concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this Directive are fulfilled. This Directive should aim to ensure that any exempted public-public cooperation does not cause a, while providing to citizens services of public interest, is not considered as a source of possible distortion of competition in relation to private economic operators. Neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition.
Amendment 14 #
2011/0437(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 15 #
2011/0437(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In the light of the results of the evaluation conducted by the Commission on the reform of public procurement rules it is appropriate toServices of general interest that address citizens' basic needs shall be excluded from the full application of this Directive only those services which have a limited cross-border dimension, namely the so-called services to the person such as certainsuch as municipal water supply, wastewater treatment and disposal, refuse handling services and services such as social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated. An obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this Directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties. Furthermore, Member States should put in place appropriate measures with reference to the award of concession contracts for these services aimed at ensuring compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question. Member States should ensure that contracting authorities and contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation.
Amendment 19 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall not affect the right of public authorities at any level to decide whether they shall perform public functions themselves, by using their own internal resources without being obliged to award concessions to other external economic operators. These tasks may be performed in cooperation with other public contracting authorities.
Amendment 23 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the substantial share of the operating risk. The concessionaire shall be deemed to assume the substantial share of the operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.
Amendment 24 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 – introductory part
Article 2 – paragraph 2 – subparagraph 2 – introductory part
That economicoperating risk may consist in either of the following:
Amendment 31 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5 a. This Directive shall not apply to service concessions relating to services of general economic interest and services of general interest such as: (a) water services; (b) wastewater services; (c) refuse collection services; (d) energy services; (e) social services according to the voluntary European quality framework for social services adopted by the Social Protection Committee in the sectors of health and social protection, statutory social insurance, emergency and disaster response services.
Amendment 32 #
2011/0437(COD)
Proposal for a directive
Article 16
Article 16
The duration of the concession shall be limited to the time estimated, among other factors, to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a reasonable return on invested capitalaking into account other objective criteria such as the public interest for high-quality provision or environmentally and socially sustainable performance of the service.
Amendment 34 #
2011/0437(COD)
Proposal for a directive
Article 17
Article 17
Amendment 38 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – introductory part
Article 36 – paragraph 7 – subparagraph 1 – introductory part
Member States mayshall provide that contracting authorities or contracting entities exclude from participation in a concession award any economic operator if one of the following conditions is fulfilled:
Amendment 39 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – point c a (new)
Article 36 – paragraph 7 – subparagraph 1 – point c a (new)
(c a) Breaches of social security provisions, employment, tax or environmental law.
Amendment 41 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 42 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States mayshall provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender, in compliance with paragraph 2. Those criteria may include, in addition to price or costs, any of the following criteria
Amendment 45 #
2011/0437(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. In the concession documents, the contracting authority or contracting entity may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors providing all relevant information concerning subcontractors' names and legal representatives.
Amendment 46 #
2011/0437(COD)
Proposal for a directive
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Paragraph 1 shall be without prejudice to the question of the principal economic operator's liability and the subcontractor's liability. Without prejudice to this provision, the principal economic operator and the subcontractor(s) shall be jointly and severally liable.
Amendment 52 #
Amendment 46 #
2011/0429(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to be consistent with the objective to cease or phase out emissions of priority hazardous substances, interim EQS should be set, providing for an incentive for a continuous decrease to background values for naturally occurring substances and zero for man- made synthetic substances.
Amendment 56 #
2011/0429(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In recent years there has been an increasing focus on the effects on human health and on the environment arising from exposure to many different chemicals. Discharges to the environment during the production, transport, use or disposal often contain a large number of chemicals. The requirements of Directive 2000/60/EC for water bodies to achieve a good chemical status entails a focus not only on the concentration of individual chemicals but also on their effects in combination. It is therefore appropriate to reflect this in the derivation of the EQS.
Amendment 57 #
2011/0429(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) The listing of substances as priority substance or priority hazardous substances is based among other things on scientific evaluation of the properties of the substance. In order to safeguard the integrity and credibility of the listing process, political concerns or associated costs of measures should not be used to prevent a substance from being listed as a priority substance or priority hazardous substance, but rather are to be adressed at the subsequent stage after listing a particular substance or group of substances.
Amendment 60 #
2011/0429(COD)
Proposal for a directive
Recital 17
Recital 17
(17) A new mechanism is needed to provide the Commission with targeted high-quality monitoring information on the concentration of substances in the aquatic environment, with a focus on emerging pollutants and substances for which available monitoring data are not of sufficient quality for the purpose of risk assessment. The new mechanism should facilitate the gathering of that information across Union river basins. In order to maintain the monitoring costs at reasonable levels, the mechanism should focus on a limited number of subsbut to ensure that the monitoring is effective, the mechanism should focus on substances with inherent hazard properties and emerging pollutancets, included temporarily in a watch list, and a limited number of monitoring sites, but deliver representative data that are fit for the purpose of the Union prioritisation process. The list should be dynamic, to respond to new information on the potential risks posed by emerging pollutants and avoid monitoring substances for longer than necessary.
Amendment 74 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
Directive 2008/105/EC
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
Amendment 80 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
Directive 2008/105/EC
Article 3 – paragraph 7
Article 3 – paragraph 7
7. The Commission shall examine technical and scientific progress, including the conclusion of risk assessments as referred to in Article 16(2)(a) and (b) of Directive 2000/60/EC and information from the registration of substances made publicly available according to Article 119 of Regulation (EC) No 1907/2006, and,registered according to Regulation (EC) No 1907/2006, including the potential for diffuse emissions from uses in articles, and if necessary, propose that the EQS laid down in Part A of Annex I to this Directive be revised in accordance with the procedure laid down in Article 294 of the Treaty in line with the timetable provided for in Article 16(4) of Directive 2000/60/EC.
Amendment 83 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Directive 2008/105/EC
Article 5 a (new)
Article 5 a (new)
Amendment 84 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 3 b (new)
Article 2 – point 3 b (new)
Directive 2008/105/EC
Article 5 b (new)
Article 5 b (new)
3b. The following Article 5b is inserted: ‘Article 5b Controlling priority substances that are plant protection products 1. Member States shall review by [OJ to insert date: one year after the entry into force of the directive] all product authorisations based on Regulation (EC) No 1107/2009 for plant protection products containing priority substances pursuant to Article 44 of that Regulation to ensure that they are consistent with the objectives of Directive 2000/60/EC . 2. Member States shall review the relevant authorisations granted for plant protection products containing an existing priority substance based on Regulation (EC) No 1107/2009 pursuant to Article 48 of that Regulation when monitoring data show that additional EU-level measures are necessary for consistency with the objectives of Directive 2000/60/EC within one year after the publication of the monitoring data. 3. Priority hazardous substances shall be deemed not to satify the criteria under points 3.6.2, 3.6.3, 3.6.4, 3.6.5, 3.7.2 or 3.8.2 of Annex II of that Regulation. 4. Exceedance of the EQS shall be deemed to be an unacceptable effect on the environment pursuant to Article 4(3)(e)(i) of that Regulation.’
Amendment 85 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 3 c (new)
Article 2 – point 3 c (new)
Directive 2008/105/EC
Article 5 c (new)
Article 5 c (new)
3c. The following Article 5c is inserted: ‘Article 5c Controlling priority substances that are biocidal products 1. Member States, or in the case of a Union authorisation, the Commission, shall review by [OJ to insert date: one year after the entry into force of the directive] all authorisations granted based on Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products1, pursuant to Article 48 of that Regulation for biocidal products containing priority substances to ensure that they are consistent with the objectives of Directive 2000/60/EC. 2. Member States, or in the case of a Union authorisation, the Commission, shall review the relevant authorisations granted for an existing priority substance based on Regulation (EC) No 528/2012 pursuant to Article 48 of that Regulation when monitoring data show that additional EU-level measures are necessary for consistency with the objectives of Directive 2000/60/EC within one year after the publication of the monitoring data. 3. Priority hazardous substances shall be deemed to meet one of the exclusion criteria defined in Article 5(1) of that Regulation. 4. Exceedance of the EQS shall be deemed to be an unacceptable effect on the environment pursuant to Article 19(1)(b)(iv) of that Regulation.’ ____________________ 1 OJ L 167, 27.6.2012, p. 1
Amendment 86 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 3 d (new)
Article 2 – point 3 d (new)
Directive 2008/105/EC
Article 5 d (new)
Article 5 d (new)
3d. The following Article 5d is inserted: ‘Article 5d Controlling priority substances in industrial emissions For priority substances falling under the scope of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)1, for which Article 10 of Directive 2000/60/EC foresees the application of emission limit values and emissions controls based on best available techniques, the Commission shall include consideration of the monitoring data obtained under Directive 2000/60/EC in its regular review of the adequacy of those values and techniques. Where improvements are necessary, appropriate legislative action should be taken pursuant to Article 73(1) of that Directive.’ ___________________ 1 OJ L 334, 17.12.2010, p. 17
Amendment 87 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 3 e (new)
Article 2 – point 3 e (new)
Directive 2008/105/EC
Article 5 e (new)
Article 5 e (new)
3e. The following Article 5e is inserted: ‘Article 5e Controlling priority substances that are used as pharmaceuticals 1. For priority substances falling under the scope of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use1, Member States shall assess within one year after entry into force of this Directive whether the summary of product characteristics as well as the patient information leaflet will raise awareness sufficently to contribute effectively to achieving the objectives of this Directive. For priority substances falling under the scope of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency2 , the Commission, based on an opinion from the European Medicines Agency, shall assess within one year after entry into force of this Directive whether the summary of product characteristics as well as the patient information leaflet will raise awareness sufficently to contribute effectively to achieving the objectives of this Directive. To ensure transparency, the environmental risk assessments of priority substances shall be made publicly available in the context of pharmaceutical legislation. 2. Member States or, in the case of a Union authorisation, the Commission shall review the relevant authorisations granted for pharmaceutical substances or products containing an existing priority substance when monitoring data show that additional EU-level measures are necessary for consistency with the objectives of Directive 2000/60/EC within one year after the publication of the monitoring data. 3. For priority substances falling under the scope of Directive 2001/83/EC or Regulation (EC) No 726/2004, the Commission shall encourage Member States to consider making pharmaceutical products containing them subject to prescription. 4. Member States shall report to the Commission within one year after entry into force of this Directive that appropriate collection systems are in place for medicinal products that are unused or have expired pursuant to Article 127b of Directive 2001/83/EC.’ ______________ 1 OJ L 311, 28.11.2001, p. 67 2 OJ L 136, 30.4.2004, p. 1
Amendment 94 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
Directive 2008/105/EC
Article 8
Article 8
The Commission shall report to the European Parliament and to the Council the outcome of the regular review of Annex X to Directive 2000/60/EC provided for in Article 16(4) of that Directive. It shall accompany the report, if appropriate, with relevant proposals, in particular proposals to identify new priority substances or priority hazardous substances or to identify certain priority substances as priority hazardous substances and to set corresponding EQS for surface water, sediment or biota, as appropriate. In the derivation of the EQS value for individual substances, a mixture uncertainty of 100 should be integrated.
Amendment 113 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2008/105/EC
Article 8 b – paragraph 1 – subparagraph 2
Article 8 b – paragraph 1 – subparagraph 2
The watch list shall contain no more thanat least 25 substances or groups of substances at any given time and shall indicate the monitoring matrix for each substance. The substances shall be selected from among those for which the available information indicates that they may pose a significant risk at Union level to or via the aquatic environment. In selecting the substances for the watch list the Commission shall take into account all available information including research projects, Member States' characterisation and monitoring programmes under Articles 5 and 8 of Directive 2000/60/EC and information on production volumes, use patterns, intrinsic properties, particle size, concentrations in the environment and effects, including that gathered in accordance with Directives 98/8/EC, 2001/82/EC and 2001/83/EC of the European Parliament and of the Council, and with Regulation (EC) No 1907/2006 and Regulation (EC) No 1107/2009 of the European Parliament and of the Council.
Amendment 141 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2008/105/EC
Article 8 b – paragraph 4 – subparagraph 3
Article 8 b – paragraph 4 – subparagraph 3
In selecting the representative stations, the monitoring frequency and timing for each substance, Member States shall take into account the use patterns of the substance. The frequency of monitoring shall not be less than oncefive times per year.
Amendment 149 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2008/105/EC
Article 8 b – paragraph 5
Article 8 b – paragraph 5
5. Member States shall report the results of the monitoring carried out under paragraph 4 to the Commission within 182 months of the inclusion of the substance in the watch list, and every 12 months thereafter while the substance is kept on the list. The report shall include information on the representativeness of the station and monitoring strategy. If the results of the monitoring demonstrate that the substances in the watch list is detected in at least 3 Member States, and may give rise to concern, the Commission shall include it in Annex I and take the appropriate control measures.
Amendment 161 #
2011/0429(COD)
Proposal for a directive
Annex I – table – row 3 Directive 2000/60/EC
Annex I – table – row 3 Directive 2000/60/EC
(3) 1912-24-9 217-617-8 Atrazine X
Amendment 165 #
2011/0429(COD)
Proposal for a directive
Annex I – table – row 20
Annex I – table – row 20
Directive 2000/60/EC
Annex X – table – row 20
Annex X – table – row 20
(20) 7439-92-1 231-100-4 Lead and its compounds X
Amendment 176 #
2011/0429(COD)
Proposal for a directive
Annex I – table – row 46
Annex I – table – row 46
Directive 2000/60/EC
Annex X – table – row 46
Annex X – table – row 46
(46) 57-63-6 200-342-2 17alpha-ethinylestradiol X
Amendment 183 #
2011/0429(COD)
Proposal for a directive
Annex I – table – row 47
Annex I – table – row 47
Directive 2000/60/EC
Annex X – table – row 47
Annex X – table – row 47
(47) 50-28-2 200-023-8 17beta-estradiol X
Amendment 198 #
2011/0429(COD)
Proposal for a directive
Annex I – table – row 48 a (new)
Annex I – table – row 48 a (new)
Directive 2008/105/EC
Annex X – table – row 48 a (new)
Annex X – table – row 48 a (new)
(48a) 1071-83-6 not applicable Glyphosate X
Amendment 220 #
2011/0429(COD)
Proposal for a directive
Annex II – table – row 48 a (new)
Annex II – table – row 48 a (new)
Directive 2008/105/EC
Annex I – table – row 48 a (new)
Annex I – table – row 48 a (new)
(48a) Glyphosate 1071-83-6 not not not not applicable applicable applicable applicable
Amendment 235 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
Directive 2008/105/EC
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
2a. The following point shall be added to Article 4(3): ‘(ba) and to be phased out within the period of one management cycle.’
Amendment 237 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 3 a (new)
Article 2 – point 3 a (new)
Directive 2008/105/EC
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
3a. The following subparagraph shall be added to Article 7(1): ‘This assessment shall in particular address necessary efforts in accordance with Article 16(6) having regard to the effectiveness of the measures which have been introduced by the member states pursuant to Article 9, 10 and 16(8) of Directive 2000/60/EC.’
Amendment 238 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 4
Article 2 – point 4
Directive 2008/105/EC
Article 8
Article 8
The Commission shall report to the European Parliament and to the Council the outcome of the regular review of Annex X to Directive 2000/60/EC provided for in Article 16(4) of that Directive every 4 years. It shall accompany the report, if appropriate, with relevant proposals, in particular proposals to identify new priority substances or priority hazardous substances or to identify certain priority substances as priority hazardous substances and to set corresponding EQS for surface water, sediment or biota, as appropriate. In the derivation of the EQS value for individual substances, a mixture uncertainty of 100 should be integrated. Or. en (Replaces amendment 94)
Amendment 249 #
2011/0429(COD)
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2008/105/EC
Article 8 b – paragraph 4 – subparagraph 3
Article 8 b – paragraph 4 – subparagraph 3
In selecting the representative stations, the monitoring frequency and timing for each substance, Member States shall take into account the use patterns of the substance. The frequency of monitoring shall not be less than once per year. five times per year, with a minimum interval of 2 months. Or. en (Replaces amendment 141)
Amendment 253 #
2011/0429(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. By ...*, Member States shall communicate to the Commission relevant measures which have been established pursuant to Article 9, 10 and 16(8) of Directive 2000/60/EC in order to control emissions of priority substances and to stimulate alternatives and new technologies or methods for control. In this context Member States shall in particular report experiences with public- public-partnerships, science-technology- cooperations, substitution plans and economic incentives. This report should be made publicly available on the website of the Commission by ...**. _________________ * OJ please insert date: 3 years after the entry into force of this Directive. ** OJ please insert date: 4 years after the entry into force of this Directive.
Amendment 62 #
2011/0409(COD)
Proposal for a regulation
Article 6 – paragraphs 1 a and 1 b (new)
Article 6 – paragraphs 1 a and 1 b (new)
1a. The sound level of vehicle categories M1, M2, M3, N1, N2, N3 as defined in Annex II to Directive 2007/46/EC, measured in accordance with the provisions of Annex II shall be reduced by 6 dB within 7 years after entry into force. 1b. The reductions shall take into account changes to the test method and vehicle categories in a way that ensures the reduction in the limit is relative to the stringency of the existing regulations.
Amendment 65 #
2011/0409(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Within threewo years following the date referred to in Annex III, third column, phase 1, topublication of this Regulation, the Commission shall carry out a detailed study to ascertain whether the noise limits prove to be appropriate. On the basis of the conclusions of the study, the Commission may, where appropriate, present proposals for amendment to this Regulation.
Amendment 74 #
2011/0409(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The vehicle manufacturer shall not intentionally alter, adjust, or introduce any mechanical, electrical, thermal, or other device or procedure solely for the purpose of fulfilling the noise emission requirements under this Regulation which is not operational during typical on-road operation under conditions applicable to ASEP. These measures are typically referred to as 'cycle beating'.
Amendment 77 #
2011/0409(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. In the application for type-approval, the manufacturer shall provide a statement, supported where appropriate by measurements that established in accordance with the model set out in Appendix 1 of Annex VIII, that the vehicle type to be approved complies with the requirements of Article 8(1) and 8(2).
Amendment 92 #
2011/0409(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Approval authorities shall continue to grant extension of approvals to those vehicles, systems, components or separate technical units under the terms of Directive 70/157/EECCommission Directive 2007/34/EC of 14 June 2007 amending, for the purposes of its adaptation to technical progress, Council Directive 70/157/EEC concerning the permissible sound level and the exhaust system of motor vehicles1, for a limit of two years after the date of publication. _______________ 1 OJ L 155, 15.6.2007, p. 49.
Amendment 109 #
2011/0409(COD)
Proposal for a regulation
Annex II – point 3.2.2.
Annex II – point 3.2.2.
3.2.2. Tyre rolling sound emissions are laid down in Regulation (EC) No 661/2009 on the general safety of motor vehicles. The tyres to be used for the test shall be representative the tyres with the loudest noise emission of that type identified by manufacturers for the vehicle and shall be selected by the vehicle manufacturer and recorded in Appendix 3 to Annex I of this Regulation. They shall correspond to one of the tyre sizes designated for the vehicle as original equipment. The tyre is or will be commercially available on the market at the same time as the vehicle. The tyres shall be inflated to the pressure recommended by the vehicle manufacturer for the test mass of the vehicle. The tyres shall have at least legal tread depth.
Amendment 112 #
2011/0409(COD)
Proposal for a regulation
Annex II – point – 3.2.4.
Annex II – point – 3.2.4.
3.2.4. If the vehicle is fitted with more than two-wheel drive, it shallould be tested in thewith the maximum number of driven which is intended for normal useeels.
Amendment 127 #
2011/0409(COD)
Proposal for a regulation
Annex III
Annex III
Amendment 132 #
2011/0409(COD)
Proposal for a regulation
Annex III – point 1 – below table (new)
Annex III – point 1 – below table (new)
And shall not exceed 87 dB(A) in any driving conditions, below a maximum speed of 130 km/h, in accordance with Anne VIII.
Amendment 1 #
2011/0398(COD)
Council position
Recital 3
Recital 3
Amendment 2 #
2011/0398(COD)
Council position
Recital 4
Recital 4
(4) Following the removal of the noisiest aircraft pursuant to Directive 2002/30/EC of the European Parliament and of the Council and Directive 2006/93/EC of the European Parliament and of the Council, an update of how to use operating restriction measures is required to enable authorities to deal with the current noisiest aircraft so as to improve the noise environment around Union airports within the international framework of the Balanced Approach.
Amendment 3 #
2011/0398(COD)
Council position
Recital 9
Recital 9
(9) While noise assessments should be carried out on a regular basis in accordance with Directive 2002/49/EC, such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures does not achieve the noise abatement objectives, taking into account expected airport development. For airports where a noise problem has been identified, additional noise abatement measures should be identified in accordance with the Balanced Approach methodology. In order to ensure a wide application of the Balanced Approach within the Union, its use is recommended whenever it is considered adequate by the individual Member State concerned, even beyond the scope of this Regulation. Noise-related operating restrictions should be introduced only when other Balanced Approach measures are not sufficient to attain the specific noise abatement objectives.
Amendment 4 #
2011/0398(COD)
Council position
Recital 14
Recital 14
(14) It is recognised that Member States have decided on noise-related operating restrictions in accordance with national legislation based on nationally acknowledged noise methods, which, as yet, might not be fully consistent with the method described in the authoritative European Civil Aviation Conference Report Doc 29 entitled 'Standard Method of Computing Noise Contours around Civil Airports' (ECAC Doc 29) nor use the internationally recognised aircraft noise performance information. However, the efficiency and effectiveness of a noise- related operating restriction should be assessed in accordance with the methods prescribed in ECAC Doc 29 and the Balanced Approach. Accordingly, Member States should adapt their assessments of operating restrictions in national legislation towards full compliance with ECAC Doc 29.
Amendment 5 #
2011/0398(COD)
Council position
Recital 15
Recital 15
Amendment 6 #
2011/0398(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down, where a noise problem has been identified, rules on the process to be followed for the introduction of noise-related operating restrictions in a consistent manner on an airport-by-airport basis, so as to help improve the noise climate and to limit or reduce the number of people significantly affected by potentially harmful effects of aircraft noise, in accordance with the Balanced Approach.
Amendment 7 #
2011/0398(COD)
Council position
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) to enable the use of operating restrictions in accordance with the Balanced Approach so as to achieve the sustainable development of the airport and air traffic management network capacity from a gate- to-gate perspective.
Amendment 8 #
2011/0398(COD)
Amendment 9 #
2011/0398(COD)
Council position
Article 2 – point 5
Article 2 – point 5
(5) 'noise-related action' means any measure that affects the noise climate around airports, for which the principles of the Balanced Approach apply, including other non- operational actions that can affect the number of people exposed to aircraft noise;
Amendment 10 #
2011/0398(COD)
Council position
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that the Balanced Approach is adopted in respect of aircraft noise management at those airports where a noise problem has been identified. To that end, they shall ensure that:
Amendment 11 #
2011/0398(COD)
Council position
Article 5 – paragraph 3 – poind d
Article 5 – paragraph 3 – poind d
(d) not applying operating restrictions as a first resort, but only after consideration of the other measures of the Balanced Approach.
Amendment 12 #
2011/0398(COD)
Council position
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The measures may, within the Balanced Approach, be differentiated according to aircraft type; aircraft noise performance, use of airport and air navigation facilities, flight path and/or the timeframe covered.
Amendment 13 #
2011/0398(COD)
Council position
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 14 #
2011/0398(COD)
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The data referred to in paragraphs 2 and 3 of this Article shall be limited to what is strictly necessary and shall be provided free of charge, in electronic form, by internet and using the format specified, where applicable.
Amendment 15 #
2011/0398(COD)
Council position
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 16 #
2011/0398(COD)
Council position
Annex II
Annex II
The cost-effectiveness of envisaged noise- related operating restrictions will be assessed taking due account of the following elements, to the extent possible, in quantifiable terms: (1) the anticipated noise benefit, including the health benefit, of the envisaged measures, now and in the future; (2) the safety of aviation operations, including third-party risks; (3) the capacity of the airport; (4) any effects on the European aviation network. In addition, competent authorities may take due account of the following factors: (1(4a) the health and safety of local residents living in the vicinity of the airport; (24b) environmental sustainability, including interdependencies between noise and emissions; (34c) any direct, indirect orand catalytic employment and economic effects, including potential effects on regional economies; (4d) impact on working conditions at airports.
Amendment 55 #
2011/0398(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) While noise assessments should take place on a regular basis, such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures according to the provisions set by Directive 2002/49 of the European Parliament and of the Council of 25 June 2002 does not achieve the noise abatement objectives.
Amendment 60 #
2011/0398(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Noise assessments should build on existing information available and ensure that such information is reliable and accessible to competent authorities and stakeholders. Competent authorities should put in place the necessary monitoring and enforcement toolse based on objective and measurable criteria common to all the Member States. They should be accessible to all stakeholders. Competent authorities should put in place the necessary monitoring and enforcement tools. Noise assessments should involve consultations of local residents and be carried out or supervised by outside agencies independent of the airport operator.
Amendment 62 #
2011/0398(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) This legislative act deals solely with aircraft noise. It does not seek to regulate the impact of pollutant emissions from the operation of aircraft and measures to reduce those emissions. Rules and procedures governing emissions-related operating restrictions should be laid down in a separate legislative act.
Amendment 62 #
2011/0398(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Suspension of noise mitigating measures is important to avoid unwanted consequences on aviation safety, airport capacity and competition. Whilst an appeal procedure against noise-related operating restThe European Commission should be notified before their implementation the procedural pathway undertaken by competent authorictions mayes related to noise abatement objectives, assessment methods and selection of cost-effective measures, the appeal may not suspend their implementation. Therefore, the Commission should well before implementation of the measures be able to use the right of scrutiny and to suspend measures deemed to produce unwanted or irreversible consequences. It is recognised that the suspension should be for a limited periodany noise mitigating measures including operating restrictions to achieve noise abatement objectives.
Amendment 65 #
2011/0398(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) to enable selection of the most cost- effective noise mitigation measures in accordance with the Balanced Approach so as to achieve, so as to achieve, in the light of the Balanced Approach, improved neighbourhood noise protection consistent with the sustainable development of the airport and air traffic management network capacity from a gate-to-gate perspective.
Amendment 65 #
2011/0398(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Noise assessments should build on existing information available and ensure that such information is reliobjective and measurable criteria common to all Member States. They should be available and accessible to competent authorities and all stakeholders. Competent authorities should put in place the necessary monitoring and enforcement tools. Noise assessments should involve consultations of local residents and be carried out or supervised by external bodies independent from the airport operator or authority.
Amendment 67 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘air traffic centre’ means the airport and its impact area;
Amendment 68 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) ‘impact area’ means the area around the airport within which local noise emission limit values are exceeded; the impact area includes the take-off and landing routes;
Amendment 72 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘Noise-related action' means any measure that impacts the noise climate around airports, for which the principles of the ICAO Balanced Approach based on the banning of excessive noise apply, including other non-operational actions that can affect the number of people exposed to aircraft noise;
Amendment 75 #
2011/0398(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Competent authorities, consultation and right to take legal action
Amendment 76 #
2011/0398(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Prior to the adoption of operating restrictions, a consultation procedure shall be carried out to hear the parties concerned.
Amendment 77 #
2011/0398(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Member States shall guarantee the right to take legal action against the measures implemented by the competent authority, in accordance with the relevant national laws and procedures.
Amendment 78 #
2011/0398(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) This regulation deals only with aircraft noise issues. It does not seek to regulate the impact of pollutant emissions from the operation of aircraft or measures to reduce those emissions. Rules and procedures governing emissions-related operation restrictions should be dealt with a separate legislative proposal.
Amendment 79 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 81 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) select the most effective noise protection measures;
Amendment 82 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) decide on the measures and provide for sufficient notificationinform the Commission of them;
Amendment 83 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Member States shall, when takingdeciding on noise- related action, consider the following combination of available measures, with a view to determining the most cost-effective combination of measures, inter alia:
Amendment 84 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) regional land-use planning and management;
Amendment 88 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) noise abatement operational procedures, including changes to landing and take-off routes;
Amendment 89 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c a (new)
Article 4 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) capacity restrictions and a reduction in airport size;
Amendment 90 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) not as a first resort, operating restrictions.
Amendment 96 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Measures or a combination of measures taken in accordance with this Regulation for a given airport shall not be more restrictive than necessarymust be suitable to achieve at least the environmental noise abatement objectives set for that airport. Operating restrictions shall be non-discriminatory, in particular on grounds of nationality, identity or activity of aircraft operators.
Amendment 96 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'air traffic centre' means the airport and its impact area;
Amendment 98 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) 'impact area' means the area around the airport within which local noise emission limit are exceeded including take-off and landing routes.
Amendment 99 #
2011/0398(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The competent authorities shall useassessment of the current and future noise situation shall take account of the method, indicators and information describedlaid down in Annex I for the assessment of the current and future noise situation, provided that this is commensurate with the proposed operating restrictions and the characteristics of the airport.
Amendment 101 #
2011/0398(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The competent authorities shall ensure that, at the appropriate level, a forum for technical cooperation is established betweenstablish a consultation forum which brings together the airport operator, the aircraft operator and, representatives of the air navigation service provider, for actions which these operators are responsible for, and taking due account of the interdependency between and representatives of local residents. Planning, technical and organisational measures to mitigate noise and to reduce emissions. The members of this forum for technical cooperation shall regularly consult local residents or their representatives, and provide technical information and advice on noise mitigating measures to the competent authorities shall be discussed in this forum.
Amendment 105 #
2011/0398(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The competent authorities shall assess the cost-effectiveness of the new measures, as referred to in paragraph 3 in accordance with Annex II. A minor technical amendment to an existing measure without substantive implications on capacity or operthe light of the informations is not considered as a new operating restrictionn Annex II.
Amendment 112 #
2011/0398(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Competent authorities, consultation and appeal bodies
Amendment 114 #
2011/0398(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 123 #
2011/0398(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 a (new)
Annex II – paragraph 1 – point 4 a (new)
4a) noise-related changes in the value of properties;
Amendment 124 #
2011/0398(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 b (new)
Annex II – paragraph 1 – point 4 b (new)
4b) impact on business location criteria in the vicinity of the airport;
Amendment 125 #
2011/0398(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 c (new)
Annex II – paragraph 1 – point 4 c (new)
4c) impact on working conditions at airports;
Amendment 126 #
2011/0398(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 d (new)
Annex II – paragraph 1 – point 4 d (new)
4d) impact on road and rail transport;
Amendment 127 #
2011/0398(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 e (new)
Annex II – paragraph 1 – point 4 e (new)
4e) impact on external costs;
Amendment 127 #
2011/0398(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Prior to the adoption of mitigation measures including operating restrictions Member States shall carry out a consultation of interested parties as well as guaranteeing the right to take legal action against the implemented measures, in accordance with the relevant national laws and procedures
Amendment 128 #
2011/0398(COD)
Proposal for a regulation
Annex II – paragraph 2
Annex II – paragraph 2
Amendment 130 #
2011/0398(COD)
Proposal for a regulation
Annex II – paragraph 2 – point 3
Annex II – paragraph 2 – point 3
3) Direct, and indirect and catalytic employment effects.
Amendment 142 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) select the most effective noise protection measures;
Amendment 145 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) decide on the measures and provide for sufficient notification by informing the Commission of them;
Amendment 158 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c a (new)
Article 4 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) capacity restrictions and if necessary a reduction in airport size;
Amendment 162 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) not as a first resort, operating restrictions.
Amendment 203 #
2011/0398(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The competent authorities shall ensure that, at the appropriate level, a forum for technical cooperation is established betweenstablish a consultation forum where the airport operator, the aircraft operator ands, air navigation service provider, for actions which these operators a and re presponsible for, and taking due account of the interdependency between measures to mitigate noise and to reduce emissions. The members of this forum for technical cooperation shall regularly consult local residents or entatives of local residents could cooperate togetheir representatives, and provide technical information and advice on noise mitigating measures to the competent authoritieby planning, technical and organisational measures to mitigate noise and to reduce emissions.
Amendment 209 #
2011/0398(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The competent authorities shall assess the cost-effectiveness of the new measures, as referred ton in paragraph 3 in accordance with Annex II. A minor technical amendment to an existing measure without substantive implications on capacity or operations is not considered as a new operating restriction.
Amendment 244 #
2011/0398(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Data shall be stored in a central database and made available to competent authorities, aircraft operators, air navigation service providers and, airport operators for operational purposes and to the public in an easily accessible electronic format.
Amendment 260 #
2011/0398(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 306 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 1 a (new)
Annex 2 – paragraph 1 – point 1 a (new)
1a. Health and safety conditions of local residents living in the 'impact area' close to the surroundings of the airport;
Amendment 307 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 3 a (new)
Annex 2 – paragraph 1 – point 3 a (new)
3a. Direct and indirect employment effects including working conditions of the most exposed staff at airports;
Amendment 308 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 4 a (new)
Annex 2 – paragraph 1 – point 4 a (new)
4a. Environmental sustainability, including interdependencies between noise and emissions and the global impact on generated external costs.
Amendment 315 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 2
Annex 2 – paragraph 2
Amendment 54 #
2011/0397(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
The European Parliament rejects the Commission proposal.
Amendment 60 #
2011/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Further gradual oOpening of the groundhandling market andcould work only by the introduction of harmonised requirements for the provision of groundhandling services are likely to enhance the efficiency and overall quality of groundhandling services for airlines as well as for passengers and freights forwarders. This should improve the quality of overall airport operationo generate such results it is necessary to establish appropriate rules.
Amendment 65 #
2011/0397(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering the new need for minimum, harmonised quality standards at airports to implement the gate-to-gate approach for the realisation of the Single European Sky and the need for further harmonisation to fully exploit the benefits of the gradual opening of the groundhandling market in terms of increased quality and efficiency of groundhandling services, Directive 96/67/EC should therefore be replaced by a Regulation.
Amendment 66 #
2011/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Free aAccess to the groundhandling market is consistent with the efficient operation of Union airports, provided relevant safeguards are put in place. Free access to the groundhandling market should be introduced gradually and be adapted to the requirements of improving the social situation of workers and preventing any negative results for safety and security in the sector.
Amendment 72 #
2011/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Gradual opening of the market under Directive 96/67/EC has already produced positive results in terms of improved efficiency and quality. It is therefore appropriate to proceed with further gradual opening but less social protection and stability for the workers. It is therefore appropriate to enhance those protections.
Amendment 74 #
2011/0397(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Every airport user should be allowed to self-handle. At the same time if the choice of groundhandling suppliers is not sufficient and if the airport users' requirements are not met. However, it is necessary to maintain a clear and restrictive definition of self-handling in order to avoid abuse and negative impacts on the third-party handling market.
Amendment 78 #
2011/0397(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 84 #
2011/0397(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Ambiguity exists as to whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. DAs discontinuity of staff can have a detrimental effect on the quality of groundhandling services. I, it is therefore appropriate to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions.
Amendment 88 #
2011/0397(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the proper and smooth functioning of air transport operations at airports, guarantee safety and security on airport premises as well as protect the environment and ensure compliance with the applicable social provisions and ruleepresentative collective agreements, the provision of groundhandling services should be subject to an appropriate approval. Given that systems for approving the provision of groundhandling services currently exist in the majority of Member States but differ widely, a harmonised approval system should be introduced.
Amendment 92 #
2011/0397(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The managing body of the airport may also supply groundhandling services itself. As at the same time, through its decision, the managing body of the airport may exercise considerable influence on competition between suppliers of groundhandling services, airports should be required to keep their groundhandling services in a legal entity separate from the legal entity for infrastructure management.
Amendment 100 #
2011/0397(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Subcontracting increases flexibility for suppliers of groundhandling services. Nevertheless but also uncertainty both for airport users and for workers. Moreover, subcontracting and cascade subcontracting may also result in capacity constraints and have negative effects on safety and security. Subcontracting should therefore be limited and the rules governing subcontracting should be clarifiedstrictly assessed by the contracting authority.
Amendment 138 #
2011/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
All airport users shall be free to self- handle only if the choice of the groundhandling suppliers is not sufficient to meet the airport users' requirements and, provided that social dimension provisions are fulfilled.
Amendment 152 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 163 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
At airports where the number of suppliers is limited to two or more suppliers in accordance with paragraph (2) of this Article, or Article 14 (1) (a) and (c), at least one of the authorised suppliers shall not be directly or indirectly controlled by:
Amendment 174 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 189 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 203 #
2011/0397(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the applicant demonstrates its ability and commits in writing to apply the relevant provisions and rules including applicable labour laws, applicable representative collective agreements, rules of conduct at the airport and quality requirements at the airport.
Amendment 235 #
2011/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) those airports are located on islands in the same geographical region; for the purpose of this Regulation, an island is defined as a geographic land mass of less than 40 000 sq Km surrounded in its entirety by water; and
Amendment 244 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 254 #
2011/0397(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The managing body of the airport shall organise a procedure for consultation on the application of this Regulation between itself, the Airport Users' Committee and the undertakings providing groundhandling services. This consultation shall cover, inter alia, the price of those groundhandling services for which an exemption has been granted pursuant to Article 14 (1) (b) and (c) and the organisation of the provision of those services. A consultation meeting shall be held at least once a year. The managing body of the airport shall make a record of that meeting which shall be sent to the Commission at its request. Staff and Trade Union representatives shall attend these meeting as observers.
Amendment 296 #
2011/0397(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) equipment policy, including adequate resources to provide maintenance and investment policies;
Amendment 298 #
2011/0397(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
(e) safety and quality management procedures, including procedures to prevent work-related accidents and injuries;
Amendment 306 #
2011/0397(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point b a (new)
Article 23 – paragraph 4 – point b a (new)
(b a) at the request of the staff and Trade Union representatives; or
Amendment 309 #
2011/0397(COD)
Proposal for a regulation
Article 23 – paragraph 6 – point b a (new)
Article 23 – paragraph 6 – point b a (new)
(b a) in case of severe contraventions of labour or safety laws as well as of representative collective agreements.
Amendment 325 #
2011/0397(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. Suppliers of groundhandling services and self-handling airport users shall have open access to airport infrastructures, centralised infrastructures and airport installations to the extent necessary to enable them to carry out their activities. The managing body of the airport or, where relevant, the managing body of the centralised infrastructure or, where appropriate, the public authority or any other body which controls the managing body of the airport or, where relevant, the managing body of the centralised infrastructure may make this access subject to conditions that are relevant, objective, transparent and non-discriminatory. This responsibility also covers the proper implementation of occupational health and safety regulations applying to all infrastructures and installations.
Amendment 348 #
Amendment 403 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The managing body of the airport shall be in charge of the proper coordination of groundhandling activities at its airport. As ground coordinator, the managing body of the airport shall in particular ensure that the operations of suppliers of groundhandling services and self-handling airport users comply both with the airport rules of conduct as defined in Article 31 and with minimum quality standards, as specified in Article 32.
Amendment 408 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 444 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. At airports whose annual traffic has been not less than 5 million passenger movements or 100 000 tonnes of freight for at least the previous three years, tThe managing body of the airport or, where appropriate, the public authority or any other body which controls the airport shall set minimum quality standards for the performance of groundhandling services.
Amendment 458 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The minimum quality standards shall cover in particular the following fields: operational performance, staff training, adequate equipment, information and assistance to passengers, in particular as referred to in Regulations (EC) No 261/2004 of the European Parliament and of the Council18 and EC (No) 1107/2006 of the European Parliament and of the Council19 , CDM, safety, security, contingency measures, and the environment.
Amendment 476 #
2011/0397(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. At airports whose annual traffic has been not less than 5 million passenger movements or 100 000 tonnes of freight for at least three consecutive years, sSuppliers of groundhandling services and self-handling airport users shall report on their operational performance to the Commission.
Amendment 493 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Without prejudice to paragraphs (2), (3) and (4), suppliers of groundhandling services may engage in subcontractingIn principle, subcontracting is not admissible.
Amendment 509 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. Any supplier of groundhandling services and self-handling airport user using one or more subcontractors shall ensure that the subcontractors comply with all the obligations on suppliers of groundhandling services under this Regulation, including safety and protection measures regarding working conditions of the employed staff.
Amendment 514 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 521 #
2011/0397(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
Amendment 539 #
2011/0397(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 50 #
2011/0372(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Member States are required, under Article 6 of the Kyoto Protocol, to ensure that the use of the Kyoto flexible mechanisms is supplemental to domestic action, with a view to narrowing per capita differences in emissions between developed and developing countries. At least half of the absolute reductions below historical baseline emissions should be realised within the Union. Union law also contains specific provisions regarding certain types of Clean Development Mechanism project credits which should be distinguished in the Member States' registries and reporting.
Amendment 52 #
2011/0372(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14 b) Any carry-over of assigned amount units (AAUs) between commitment periods under the Kyoto Protocol will affect the ambition level of the aggregate reductions and the resulting gap regarding the reductions necessary to limit climate change to 2 °C. Despite the need to limit carry-over in order to preserve the environmental integrity of the second commitment period of the Kyoto Protocol, AAU carry-over accounts should be maintained in registries and reporting.
Amendment 69 #
2011/0372(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) meeting the greenhouse gas emission reduction commitments of Member States under Decision No 406/2009/EC and achieving long-term emission reductions and enhancements of removals by sinks in all sectors in line with the Union's objective to reduce domestic emissions by 80 to 95% by 2050 compared to 1990 levels, in the context of necessary reductions, according to the IPCC, by developed countries as a group.
Amendment 138 #
2011/0372(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) detailed information referred to in point (b) of Article 6(1) of Decision No 406/2009/EC including unit identification codes and information on how their purchasing policy enhances the achievement of an international agreement on climate change.
Amendment 65 #
2011/0309(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Offshore oil and gas operations are taking place in increasingly challenging environments and under extreme conditions, where accidents are likely to have devastating and irreversible consequences on the marine and coastal environment as well as significant negative impacts on coastal economies.
Amendment 66 #
2011/0309(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In addition to the considerable risk of a serious offshore oil or gas accident, the constant oil pollution of the marine environment and gas leaks into the sea and atmosphere, even during normal offshore extraction operations complying with all safety requirements, remains a problem.
Amendment 67 #
2011/0309(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 70 #
2011/0309(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In accordance with Directive 85/337/EEC, as amended, which applies to exploration and exploitation of oil and gas activities, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an assessment with regard to their effects and a requirement for development consent. In line with the Århus Convention and Directive 85/337/EEC when an activity is subject to development consent an effective public participation should be provided in accordance with the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. Members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.
Amendment 72 #
2011/0309(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Directive 85/337/EEC1, on the assessment of the effects of certain public and private projects on the environment, as amended, has harmonised the principles of the environmental impact assessments of projects by introducing general minimum requirements. The Commission should consider developing guidance for evaluating the impacts of all offshore project phases, including exploration, operation and decommissioning, as well as developing specific requirements for extreme operating conditions. ___________ 1 OJ L 175, 5.7. 85, p. 40.
Amendment 73 #
2011/0309(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The serious environmental concerns and vulnerability relating to the unique Arctic waters, a neighbouring marine environment of particular importance for the Community which plays an important role in mitigating climate change, require special attention to ensure the environmental protection of the Arctic in relation to any. As long as an effective response to any accident in the Arctic conditions cannot be guaranteed, Member States should refrain from authorising offshore activities, including exploration, in the area.
Amendment 74 #
2011/0309(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The serious environmental concerns relating to the Arctic waters, a neighbouring marine environment of particular importance for the Community, require special attention to ensure the environmental protection of the Arctic in relation to any offshore activities, including exploration. Member States should therefore not issue drilling licences for these waters.
Amendment 77 #
2011/0309(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) Equipment for capping any potential spills should be an essential part of emergency plans and be readily available for use in proximity to installations to allow for timely and effective deployment in the event of a major accident.
Amendment 80 #
2011/0309(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Member States should ensure that operators in their jurisdiction demonstrate their ability to pay for the consequences of damage caused by their operations, through the provision of financial security, and should decide which instruments (inter alia insurance, reserve funds, bank guarantees, and/or risk pooling) are appropriate for this purpose. As no existing financial security instruments, including risk pooling arrangements, can accommodate all possible consequences of extreme accidents, the Commission should proceed with further analysis and studies of the appropriate measures to ensure adequately robust liability regime for damages related to offshore oil and gas operations, and requirements on financial capacity including improving the availability of appropriated financial security instruments or other arrangements. and arrangements. The Commission should report on the findings and proposals within one year after adoption of this Regulation.
Amendment 86 #
2011/0309(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. ‘accepttolerable’ shall mean: rendering aoperating conditions where response measures are available and not prohibitively expensive, while the risk of a major accident tolerablehas been reduced to the furthest extent possible beyond which no significant reduction of the risk is derived from the input of further time, resources or cost; Or. en (If adopted, the reference to "acceptable" in Article 3 paragraph 4 is also changed to "tolerable".)
Amendment 89 #
2011/0309(COD)
Proposal for a regulation
Article 2 – point 19 a (new)
Article 2 – point 19 a (new)
19a. 'oil spill response gap' shall mean: a situation in which activities that may cause an oil spill are conducted during times when an effective response cannot be achieved, either because technologies available will not be effective or because their deployment is precluded due to environmental conditions or other limiting factors;
Amendment 100 #
2011/0309(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Operators shall ensure that their operations in extreme operating conditions compromise neither accident prevention nor remediation. Where risks cannot be avoided or managed to an acceptable level, a competent authority shall refuse authorisation. When granting authorisations, due account shall be taken of the effectiveness of accident prevention and emergency response capacities, including through the use of oil spill response gap analysis models. Operators shall ensure the highest level of performance in accident prevention and remediation at least equal to best practice performance under normal operating conditions, including sufficiency of resources, levels of safety for mobilisation, deployment times and oil and gas clean-up and recovery rates.
Amendment 101 #
2011/0309(COD)
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. On the basis of the precautionary principle and taking into account the remaining oil spill response gap and lack of effective intervention capacities, Member States shall refrain from authorising any offshore hydrocarbon exploration and extraction operations in the Arctic.
Amendment 103 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In particular, when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities, due account shall be taken of the risk, hazards and any other relevant information related to the area concerned and the particular stage of exploration and production operations and also of the applicants‘ financial capacities, including any financial security and capacity to cover all liabilities potentially deriving from offshore oil and gas activities in question, in particular liability for environmental damages. Worldwide corporate responsibility regarding accidents or incidents in which the applicant was involved, including the transparency and effectiveness of any response measures shall also be taken into account.
Amendment 105 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that the licensing authority does not grant an authorisation unless it is satisfied that the applicant has supplied evidence of adequate provisions by way of financial security, on the basis of arrangements to be decided by the Member States, to cover all liabilities potentially deriving from its offshore oil and gas activities, in particular liability for environmental damage. The financial security shall be valid and effective before the commencement of well operations.
Amendment 108 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Licensing authorities pursuant to Directive 94/22/EC shall, when assessing the technical and financial capacity of the entities that apply for authorisation for offshore oil and gas activities, take into account the risks, hazards and any other relevant information related to the location concerned and the particular stage of exploration and production operations. based on the environmental impact assessment carried out pursuant to Directive 85/337/EEC as amended and shall ensure that financial securities are proportionate to those conditions. In the case of a conflict, the opinion of the licensing authority under Directive 94/22/EC shall not take precedence over those of the competent authorities for health, safety and the environment.
Amendment 114 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Entities applying for authorisation for offshore oil and gas activities shall fully disclose evidence of financial and technical capacity and any other relevant information related to the area concerned and the particular stage of exploration and production operations. The competent authorities shall make the information available to the public.
Amendment 115 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The polluter-pays principle shall be applied strictly to all damage caused to the marine environment and to biological diversity so that oil and gas companies can be made liable for any damage they might cause and required to cover the cost thereof in full with no ceiling limit, the necessary guarantee to be provided in the form of company reserves or financial security.
Amendment 117 #
2011/0309(COD)
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The Commission shall, by [one year after adoption of this Regulation], submit to the European Parliament and to the Council a report on the availability of financial security instruments, accompanied by proposals for arrangements to facilitate the provision of financial security.
Amendment 118 #
2011/0309(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the public shall be given early and effective opportunities to participate in procedures concerning licensing procedurand authorisation procedures for offshore oil and gas activities in their jurisdiction in accordance with the requirements of Annex I to this Regulation. The procedures shall be those laid down in Annex II of Directive 2003/35/EC.
Amendment 120 #
2011/0309(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Access to justice 1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions in the context of authorisation and licensing procedures when one of the following conditions is met: (a) they have a sufficient interest; (b) they maintain the impairment of a right, where the administrative procedural law of a Member State requires this as a precondition. 2. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non- governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b). 4. Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 124 #
2011/0309(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Agency control of offshore safety 1. The European Maritime Safety Agency (EMSA) or a new appropriately established Agency, hereafter 'the Agency', shall provide the Commission and Member States with technical and scientific assistance in order to ensure risk minimisation and proper application of Union legislation in the field of offshore oil and gas safety. 2. The Agency shall review authorisations granted under this Regulation, audit competent authorities, and have oversight of inspections as well as Member State arrangements for emergency response. 3. The Agency shall in addition have the following responsibilities with regard to emergency response: (i) assisting Member States and the Commission in detecting and monitoring the extent and environmental impact of an oil spill and safety risks from installations or vessels operating around them; (ii) assisting Member States with remediation and clean-up efforts and coordinating transboundary emergency response following a major accident, including in the case of transboundary impacts beyond EU waters; (iii) assisting Member States during accident investigations involving offshore oil and gas installations, including the screening of corrective measures; The Agency shall promote high safety standards and best practice for offshore oil and gas activities internationally, through appropriate regional and global fora.
Amendment 126 #
2011/0309(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) evidence of the operator's financial security.
Amendment 130 #
2011/0309(COD)
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7a. The Commission shall, in cooperation with the Agency, draw up and regularly update a list of organisations recognised as independent third party verifiers for production installations in accordance with Article 35.
Amendment 143 #
2011/0309(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Licensees, operators and major contractors based in the Union shall endeavour to conduct their offshore oil and gas operations when outside the Union in accordance with the principles set out in this Regulation.
Amendment 159 #
2011/0309(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall keep updated records of emergency response resources available in their jurisdiction by both public and private entities. Those records shall be made available to other Member States or potentially affected third countries, to the Agency and to the Commission.
Amendment 161 #
2011/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The information pursuunder Article 22 to 25 antd Annex VI shall be made publicly available without a need for request pursuant to applicable provisions of Union legislation onby the competent authority without a need for request in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.
Amendment 162 #
2011/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The Commission, assisted by the Agency, shall by means of an implementing measure also determine a common publication format that shall enable easy cross-border comparison of data. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 4 of the Regulation (EU) No 182/2011. While remaining accessible to general public, the common publication format shall be developed in view of the allowing for a reliable comparison of national operations and regulatory practices pursuant to this Article and Article 24.
Amendment 170 #
2011/0309(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Every two years, the Commission shall publish reports on the safety of offshore operations across the Union based on the information reported to it by Member States and the European Maritime Safety Agency. The Commission shall be assisted in this task by the Agency and relevant Member States pursuant Article 267.
Amendment 173 #
2011/0309(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall conduct thorough investigations of major accidents involving significant damage (to persons and environment) or involving major loss of assets. The report of the investigation shall include an assessment of the effectiveness of the competent authority's regulationoversight of the installation concerned in the time preceding the accident and recommendations for adequate changes to the relevant regulatory practices where needed.
Amendment 175 #
2011/0309(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. A summary of the investigation report prepared pursuant to paragraph 2 of this Article shall be made available to the Commission and the Agency at the conclusion of the investigation or at the conclusion of legal proceedings, whichever is the later. A specific version of the report, that takes into account possible legal limitations, shall be made available publicly with regard to Articles 22 and 23.
Amendment 185 #
2011/0309(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall promote high safety standards for offshore oil and gas operations at international level at appropriate global and regional fora, including those related to Arctic waters. It shall accordingly make representations in the appropriate quarters seeking a moratorium on offshore oil and gas extraction activities in Arctic waters.
Amendment 190 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be initiated to contain an incipient major accident within the installprevent escalation or limit consequences of an accident related to offshore oil and gas operation, ors within thean exclusion zone established by the Member State around the perimeter of the installation, or subsea wellhead or pipeline;
Amendment 195 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The operator shall periodically test the effectiveness of the internal emergency response plaannually test the internal emergency response plan to demonstrate the effectiveness of their response equipment and capabilities in order to guarantee a high level of safety and performance in evacuation, containment and control, recovery, clean- up and disposal operations.
Amendment 197 #
2011/0309(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. The operator shall make the internal emergency response plans publicly available.
Amendment 198 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall prepare external emergency response plans covering all offshore oil and gas installations or connected infrastructure and potentially affected areas within their jurisdiction. The external emergency response plans shall specify the role of operators in the external emergency response, and the operators' liability regarding the costs of external emergency response.
Amendment 201 #
2011/0309(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. External emergency response plans shall be prepared with the cooperation of relevant operators and, as appropriate, licensees, and aligned with the internal emergency response plans of the installations stationed or plannedexisting or planned installations or connected infrastructure in the subject area. Any update to the internal plans advised by an operator should be taken into account.
Amendment 220 #
2011/0309(COD)
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Article 37a Amendment to Directive 2008/99/EC on the protection of the environment through criminal law Directive 2008/99/EC is hereby amended as follows: (1) in Article 3, the following point is added : '(j) a major oil pollution accident.' (2) In Annex A, the following indent is added: '– Regulation XX/XX/EU of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities'
Amendment 227 #
2011/0309(COD)
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point -a (new)
Annex II – part 5 – paragraph 1 – point -a (new)
(-a) it is an independent legal entity;
Amendment 228 #
2011/0309(COD)
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point -a (new)
Annex II – part 5 – paragraph 1 – point -a (new)
(-a) the independent third party shall have no conflict of interest with the operator of the installation or the well operator;
Amendment 229 #
2011/0309(COD)
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point -a a (new)
Annex II – part 5 – paragraph 1 – point -a a (new)
(-aa) the independent third party, and the persons assisting it, shall have no commercial or financial interest in the operations to be undertaken by the operator.
Amendment 230 #
2011/0309(COD)
Proposal for a regulation
Annex II – part 5 – paragraph 1 – point b
Annex II – part 5 – paragraph 1 – point b
(b) he is sufficiently independent of a management system which has, or has had, any responsibility for any aspect of a component in the independent scheme of verification or well examination so as to ensure he will be objective in carrying out his functions within the scheme;
Amendment 231 #
2011/0309(COD)
Proposal for a regulation
Annex III – paragraph 3 – point i
Annex III – paragraph 3 – point i
(i) an assessment of the availability and sufficiency of emergency response equipment and adequacy of procedures to effectively put it in use, including oil spill response gap analysis where relevant;
Amendment 232 #
2011/0309(COD)
Proposal for a regulation
Annex III – paragraph 3 – point i a (new)
Annex III – paragraph 3 – point i a (new)
(ia) an assessment of the effectiveness of the operator's emergency response capacities, including worst case discharge deployment and recovery performances.
Amendment 236 #
2011/0309(COD)
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point e
Annex V – part 1 – paragraph 1 – point e
(e) a description of the equipment and the resources available, including for capping any potential spill;
Amendment 237 #
2011/0309(COD)
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point e a (new)
Annex V – part 1 – paragraph 1 – point e a (new)
(ea) evidence of prior assessments of any chemicals used as dispersants that have been carried out to minimise public health implications and further environmental damage;
Amendment 238 #
2011/0309(COD)
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point g
Annex V – part 1 – paragraph 1 – point g
(g) arrangements that coordinate with the recovery arrangements described in the major hazards report for example as described in Annex II, part (2) (7), and part (3) (7) to secure a good prospect of survival for persons on the installation and minimise environmental damage during a major accident;
Amendment 239 #
2011/0309(COD)
Proposal for a regulation
Annex V – part 1 – paragraph 1 – point i a (new)
Annex V – part 1 – paragraph 1 – point i a (new)
(ia) an estimate of an oil spill response gap, expressed as a percentage of time, and a description of the operating limitations at the installations concerned. This gap-analysis involves a calculation of the maximum response operating limits of spill response systems for a set of environmental and safety factors and an analysis of the frequency, duration and timing of conditions that would preclude a response in a particular location. Environmental conditions to be considered in this response calculation shall include: (i) weather, including wind, visibility, precipitation and temperature; (ii) sea states, tides, and currents; (iii) ice and debris presence; (iv) hours of daylight; and (v) other known environmental conditions that might influence the efficiency of the response equipment or the overall effectiveness of a response effort;
Amendment 240 #
2011/0309(COD)
Proposal for a regulation
Annex V – part 2 – point 2 – point d a (new)
Annex V – part 2 – point 2 – point d a (new)
(da) evidence of prior environment and health assessments of any chemicals foreseen for use as dispersants,
Amendment 107 #
2011/0302(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The creation of the Connecting Europe Facility should maximise the potential for sustainable and environmentally friendly growth through the realisation of synergies between transport, energy and telecommunications policies and their implementation, thus enhancing the efficiency of the Union's intervention.
Amendment 111 #
2011/0302(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) A fully functioning single market depends on modern, highly performing infrastructure connecting Europe particularly in the areas of transport, energy and telecommunications. These growth enhancing connections would provide better access to the internal market and consequently contribute to a more competitive marketsustainable economy in line with Europe 2020 Strategy's objectives and targets.
Amendment 117 #
2011/0302(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 129 #
2011/0302(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) On 28 March 2011, the Commission adopted the White Paper "A Roadmap to a Single Transport Area ― Towards a competitive and resource-efficient transport system". TWhile the White Paper aims at reducting by at least 60% the greenhouse gas emissions ("GHG") of the transport sector by 2050 with respect to 1990, the European Parliament in its resolution calls to draw up legal rules to achieve a 20% reduction in emissions of CO2 and other GHG from transport by 2020. As far as infrastructure is concerned, the White Paper aims at establishing a fully functional and Union- wide multimodal TEN-T ‘core network’ by 2030. The White Paper also aims at optimising the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes. Therefore, it sets the following relevant targets for TEN-T policy: 30% of road freight over 300 km should shift to other modes by 2030, and more than 50% by 2050; the length of the existing high- speed rail network should triple by 2030 and the European Parliament urges Member States to commit themselves to eliminating the main known bottlenecks by 2020 in every transport mode by submitting an approved funding pland by 2050 the majority of medium- distance passenger transport should go by rail; by 2050, all core network airports should be connected to the rail network; all seaports to the rail freight and, where possible, to the inland waterway system15. The White Paper also aims at optimising the performance of multimodal logistic chains, including by making greater use of more energy- efficient modes.
Amendment 137 #
2011/0302(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Based on an analysis of the transport infrastructure plans of Member States, the Commission estimates that investment needs in transport amount to EUR 500 billion in the entirety of the TEN-T network for the period 2014-2020, of which an estimated EUR 250 billion will need to be invested in the core network of the TEN-T. Given the resources available at Union level, concentration on the projects with the highest European added value is necessary to achieve the desired impact. Support should therefore be focussed on the core network (in particular, the core network corridors) and on the projects of common interest in the field of traffic management systems (notably the air traffic management systems resulting from SESAR which require Union budgetary resources of about EUR 3 billion).
Amendment 191 #
2011/0302(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Fiscal measures in many Member States will drive or have already driven public authorities to reassess their infrastructure investment programmes. In this context, PPPs have been viewed as an effective means of delivering infrastructure projects ensuring the achievement of policy objectives such as combating climate change; promoting alternative energy sources as well as energy and resource efficiency, supporting sustainable transport and the deployment of broadband networks. The Commission committed in its PPP Communication of 19 November 2009 to improving access to finance for PPPs by broadening the scope of existing financial instruments.
Amendment 193 #
2011/0302(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Even though the bulk of the investment under Europe 2020 Strategy can be delivered by markets andspecific regulatory measures, the financing challenge require public interventions and Union support by grants and innovative financial instruments. Financial instruments should be used to address specific market needs, in line with the objectivesBefore deciding to use such financial instruments, the Commission should carry out, with the help of the Cconnecting Europe Facility, and should not crowd out private financing. Before deciding to use financial instruments, the Commission should carry outcerned Member States and involved EU institutions, ex-ante assessments of these instruments.
Amendment 200 #
2011/0302(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In the Europe 2020 Strategy, the Commission pledged to mobilise Union financial instruments as part of a consistent funding strategy, that pulls together Union and national public and private funding for infrastructures. This is based on the rationale that in many cases, according to specific cases to be assessed one by one, sub-optimal investment situations and market imperfections may be more efficiently tackled by financial instruments than by grants.
Amendment 208 #
2011/0302(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) In order to ensure sect oral diversification of beneficiaries of financial instruments as well as encourage gradual geographical diversification across the Member States, the Commission in partnership with the EIB, through joint initiatives such as the European PPP Expertise Centre (EPEC) and Jaspers,who required assistance in such financial instruments, the Commission in partnership with the EIB should provide support to those Member States in developing an appropriate pipeline of projects that could be considered for project financing.
Amendment 217 #
2011/0302(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) These evaluations should include assessments on the capacity of the Member States or concerned implementing bodies to comply with their own co-financing engagements in completion of the EU grants or of the innovative financial instruments provided to carry out a project of common interest.
Amendment 234 #
2011/0302(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘programme support actions’ means all accompanying measures necessary for the implementation of the Connecting Europe Facility and individual sector specific guidelines, such as services (notably technical assistance), as well as preparatory, feasibility, coordination, monitoring, consultation of interested parties and stakeholders, control, audit and evaluation activities which are required directly for the management of this facility and the achievement of its objectives, and in particular studies, meetings, information, infrastructure mapping, twinning, dissemination, awareness raising and communication actions, expenses linked to IT networks focusing on information exchange, together with all other technical and administrative assistance expenses that may be required for the management of this facility or implementation of the individual sector specific guidelines;
Amendment 236 #
2011/0302(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) 'consultation procedure' means appropriate and adequate procedure including the respect of the Aarhus Convention as granted by Directive 2003/4, by which, prior the adoption of a project of common interest, all concerned interested parties are consulted according to the existing national rules and laws to express their concerns and suggestions to the captioned project. Such consultation complies with the requirements as set in the provisions of Directive 85/337 and 2001/42.
Amendment 244 #
2011/0302(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘bottleneck’ means a physical barrier that leads to a system break affecting the continuity of long-distance flows. Such a barrier can be absorbed both by new infrastructure such as bridges or tunnels that address problems as for example gradients, curve radii, gauge. The need to and by upgradeing existing infrastructure sthall not be considered as a bottleneckt could bring significant improvements via technical innovations which will solve the bottleneck constraints;
Amendment 265 #
2011/0302(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) contribute to smart, sustainable and inclusive growth by developing modern and high performing trans-European networks, thus bringing forward benefits for the entire European Union in terms of competitiveness and economic, social and territorial cohesion within the Single Market and creating an environment more conducive to private and public investment through a combination of financial instruments and Union direct support and by exploiting synergies across the sectors. The achievement of this objective will be measured by the volume of public and privateeffectiveness of investment in projects of common interest, and in particular the volume of public and private investments inin those projects of common interest realised through the financial instruments under this Regulation.
Amendment 276 #
2011/0302(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) enable the Union to achieve its targets of a 20% reduction of greenhouse gas emissions, a 20% increase in energy efficiency and raising the share of renewable energy to 20% up to 2020, while ensuring greater solidarity among Member States in moving to specific milestones for domestic emission reductions of 40%, 60% and 80% for 2030, 2040 and 2050 respectively.
Amendment 282 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) removing bottlenecks and bridging missing links also by means of innovative ITS, to be measured by the number of new and improvimproved or upgraded cross-border connections and removed bottlenecks on transport routes which have benefited from the Connecting Europe Facility;
Amendment 287 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
(ii) ensuring sustainable and efficient transport in the long run, to be measured by the length of the conventional railway network in the EU-27 and the length of high-speed railrailway and waterways network in the EU-27;
Amendment 302 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point iii
Article 4 – paragraph 1 – point a – point iii
(iii) optimise the integration and interconnection of transport modes and enhancing interoperability of transport services. The achievement of this objective will be measured by the number of ports and airports connected to the railway network, by the effective deployment of ERTMS, RIS and ITS as well as the number of urban areas with integrated logistic management systems at 'zero emissions' of CO2.
Amendment 312 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) promoting the furboth ther integration of the internal energy market and the interoperability of electricity and natural gas networks across borders, including and the deployment of domestic energy smart grids, by ensuring that no Member State is isolated from the European network, to be measured by the number of projects effectively interconnectenhancing Member states‘ networks and removing internal bottlenecks;
Amendment 315 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
Article 4 – paragraph 1 – point b – point ii
(ii) enhancing Union security of supply, to be measured by the evolution of system resilience and security of system operations as well as number of projects allowing diversification and better domestic use of supply sources, supplying counterparts and routes;
Amendment 319 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point iii
Article 4 – paragraph 1 – point b – point iii
(iii) contributing to sustainable development and protection of the environment and public health, notably by fostering the integration of energy from renewable sources into the transmission network and developing carbon dioxide networks, to be measured by the transmission of renewable energy from generation to major consumption centres and storage sites, and the sum of CO2 emissions prevented by the construction of the projects which benefited from the Connecting Europe Facility.
Amendment 342 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The financial envelope of the Connecting Europe Facility mayshall cover expenses pertaining to, preparatory, monitoring, control, consultation procedures, audit and evaluation activities which are required for the management of the Programme and the achievement of its objectives, in particular studies, meetings of experts, as far as they are related to the general objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, together with all other technical and administrative assistance expenses incurred by the Commission for the management of the Programme.
Amendment 346 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Following the mid-term evaluation according to Article 26(1), the Commission mayshall adopt delegated acts in accordance of article 25 in order to transfer appropriations between the sectors of the allocation set out in paragraph 1, with the exception of the [EUR 10 000 000 000] transferred from the Cohesion Fund to finance transport sector projects in the Cohesion Fund eligible Member States.
Amendment 366 #
2011/0302(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point c a (new)
Article 7 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) actions supporting urban nodes as defined in Article 36 of the Regulation (EU) No XXXX/2012 [TEN-T Guidelines];
Amendment 389 #
2011/0302(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The cost of equipment and infrastructure which is treated as capital expenditure by the beneficiary may be eligible up to its entirety, provided that its use is duly justified for the sole implementation of the project.
Amendment 390 #
2011/0302(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Expenditure related to environmental studies on the protection of the environment and on compliance with the Union acquis mayshall be eligible.
Amendment 416 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b – point i
Article 10 – paragraph 2 – point b – point i
(i) rail and inland waterways: the amount of Union financial aid shall not exceed 20% of the eligible cost; the funding rate may be increased to 30% for actions both addressing bottlenecks and reducing rail freight noise by retrofitting of existing rolling stock; the funding rate may be increased to 40% for actions concerning cross-border sections;
Amendment 432 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b – point ii
Article 10 – paragraph 2 – point b – point ii
(ii) inland transport connections to ports and airports, actions to reduce rail freight noise by retrofitting of existing rolling stock, as well as development of ports and multi-modal platforms: the amount of Union financial aid shall not exceed 20% of the eligible cost.
Amendment 454 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c – point i
Article 10 – paragraph 2 – point c – point i
(i) the European Rail Traffic Management System (ERTMS) including track side equipment and on board equipment: the amount of Union financial aid shall not exceed 50% of the eligible cost;
Amendment 469 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the amount of Union financial aid shall not exceed 50% of the eligible cost of studies and/ 30% of eligible cost for works;
Amendment 472 #
2011/0302(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) co-financing rates may be increased to a maximum of 850% for actions which based on the evidence referred to in Article 15(2) (a) of Regulation (EU) No XXXX/2012 [Guidelines for trans- European energy infrastructure], provide a high degree of regional or Union-wide security of supply, or strengthen solidarity of the Union, support sustainable development and deployment of energy supply facilities from renewable sources or comprise highly innovative solutions.
Amendment 525 #
2011/0302(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. TIf clearly required by the Member state or the entity as referred in article 9 in submitting the draft project, the following financial instruments may be used:
Amendment 540 #
2011/0302(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The financial instruments shall aim to preserve the value of assets provided by the Union budget. They may generate acceptable returns to meet the objectives of other partners or investors.
Amendment 545 #
2011/0302(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt multiannual and annual work programmes for each sector. The Commission may also adopt multiannual and annual work programmes that cover more than one sector. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 24(2)5 of this regulation.
Amendment 546 #
2011/0302(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The multiannual work programmes shall be reviewed at least at mid-term. If necessary, the Commission shall revise the multiannual work programme by means of implementing act. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).5 of this Regulation
Amendment 548 #
2011/0302(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Multiannual work programmes in the field of transport shall be adopted for projects of common interest as listed in Part I of the Annex to this Regulation where the percentage of funds allocated to less polluting modes shall be at least 85% of the total transport budget.
Amendment 555 #
2011/0302(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The sectoral annual work programmes, in the field of transport, energy and telecommunications, shall be adopted for projects of common interest not included in the multiannual programmes, while respecting in the transport sector the provision of allocating at least 85% of available funds to less polluting modes.
Amendment 566 #
2011/0302(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 25 concerning the addition or modification of the lists provided in the Annex and in delivering the multiannual and annual work programme for each sector or covering more than one sector according to article 17.]
Amendment 567 #
2011/0302(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Member States shall for projects related to transport and energy sectors, undertake the technical monitoring and financial control of actions, including those ensuring the deployment of consultation procedures and compliance with the relevant EU legislation on environment and climate change in close cooperation with the Commission and shall certify the reality and the conformity of the expenditure incurred in respect of projects or parts of projects. The Member States may request the participation of the Commission during on-the-spot checks.
Amendment 574 #
2011/0302(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 581 #
2011/0302(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 5, 17 and 20 shall be conferred on the Commission for an indeterminate period from the date of entry into force of this Regulationthe duration of the Multiannual Financial Framework as adopted for the period 2014-2020.
Amendment 583 #
2011/0302(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. No later than mid-31 December 2018,7 an evaluation report shall be establishpresented by the Commission to the European Parliament and the Council on the achievement of the objectives of all the measures (at the level of results and impacts), the efficiency of the use of resources and its European added value, in view of a decision on the renewal, modification or suspension of the measures. The evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account evaluation results on the long-term impact of the predecessor measures.
Amendment 610 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – row 8
Annex – Part I – point 1 – row 8
Wien - Graz - Klagenfurt - Rail upgrading and works Udine - Venezia - ongoing; (further) on existing lines; Ravenna development ofrationalising existing multimodal platforms
Amendment 617 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 1 – row 9
Annex – Part I – point 1 – row 9
Trieste, Venice, Ravenna Rail port interconnections, (further) developmentrationalisation of multimodal platforms and conventional rail links
Amendment 637 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 3 – row 8
Annex – Part I – point 3 – row 8
Lyon - Torino Rail cross-border section,upgrading the existing works base tunnel to be launched before 2020; studies access routescross-border section
Amendment 638 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 3 – row 10
Annex – Part I – point 3 – row 10
Brescia - Venezia - Rail works to start before 2014 Trieste on several sections in synergy with upgrading actions undertaken in overlapping stretches as in Corridor 1
Amendment 657 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 5 – row 11
Annex – Part I – point 5 – row 11
Brenner Base Tunnel Rail studies and works
Amendment 660 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 6 – row 2
Annex – Part I – point 6 – row 2
Genova - Milano/Novara - Rail studies; and works startingto CH border before 2020 improve the existing conventional rail line
Amendment 7 #
2011/0300(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Accelerating the refurbishment of existing and deployment of new energy infrastructure is vital to achieve the Union's energy and climate policy objectives, consisting in completing the internal market in energy, guaranteeing security of supply, notably for gas and oil, reducing greenhouse gas emissions by 20% [19], increasing the share of renewable energy in the final energy consumption to 20% [20] and achieving a 20% increase in energy efficiency by 2020. At the same time, the Union has to prepare its infrastructure for furtherpractically full decarbonisation of its energy system in the longer term towards 2050 and has an objective to halt and reverse the loss of biodiversity by 2020.
Amendment 10 #
2011/0300(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) TBy means of a gradual shift towards decentralised supply of renewables, aimed at achieving self-sufficiency in energy at local level, the Union’s energy infrastructure should be upgraded in order to prevent, and increase its resilience to, natural or man- made disasters, adverse effects of climate change and threats to its security, notably concerning European critical infrastructures as set out in Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection.
Amendment 11 #
2011/0300(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The communication from the Commission “The EU Energy Policy: Engaging with Partners beyond Our Borders” underlined the need for the Union to include the promotion of energy infrastructure development in its external relations with a view to supporting the socio-economic development beyond the Union borders. The Union should facilitate infrastructure projects linking the Union’s energy networks with third country networks, in particular in neighbouring countries and in countries, with which the Union has established specificGiven that world oil production is likely to fall in the near future and energy generation costs are, in most cases, rising, investment should be channelled mainly towards projects aimed at reducing EU energy cooperansumption.
Amendment 12 #
2011/0300(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union's energy infrastructure should be upgraded in order to prevent and increase its resilience to natural or man- made disasters, adverse effects of climate change and threats to its security by a decentralised architecture tending to energy self-sufficiency of local territories, notably concerning European critical infrastructures as set out in Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection23 .
Amendment 13 #
2011/0300(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Communication from the Commission ‘The EU Energy Policy: Engaging with Partners beyond Our Borders’25 underlined the need for the Union to include theGiven the impending decline of the world oil promoduction of energy infrastructure development in its extand, more genernal relations with a view to supporting the socio-economic development beyond the Union borders. The Union should facilitate infrastructure projects linking the Union's energy networks with third country networks, in particular in neighbouring countries and in countries, with which the Union has established specific energy cooperationly, the rising cost of most forms of energy, investments should mainly focus on projects for reducing the energy consumption in the EU.
Amendment 22 #
2011/0300(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Projects of common interest should be given ‘"priority status’" at national level to ensure rapid administrative treatment. Projects of common interest shall be considered by competent authorities as being in public interest. Authorisation should be given to projects which have an adverse impact on the environment, for reasons of overriding public interest, only when all the conditions provided for under Directives 92/43/EC and 2000/60/EC are met. Emphasises the need to identify, according to a hierarchy of importance and in the interest of cost-effectiveness, where infrastructure could be minimised through energy efficiency policies, where existing national and cross-border infrastructure can be upgraded or modernised and where new infrastructure is needed and can be built alongside existing energy or transport infrastructure.
Amendment 24 #
2011/0300(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Projects of common interest in the fields of electricity, gas and carbon dioxide and gas should be eligible to receive Union financial assistance for studies and, under certain conditions, for works under the proposed Regulation for a Connecting Europe Facility (CEF Regulation), either in the form of grants or in the form of innovative financial instruments. This will ensure that tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. Such financial assistance should ensure the necessary synergies with funding from instruments under other Union policies. In particular, the Connecting Europe Facility will finance energy infrastructure of European relevance, while Structural Funds will finance smart energy distribution networks of local or regional importance. The two sources of funding will thereby complement each other.
Amendment 26 #
2011/0300(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) facilitates the timely implementation of projects of common interest by accelerating permit granting and enhancinglaying down minimum requirements for public participation;
Amendment 27 #
2011/0300(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Projects of common interest in the fields of electricity, gas and carbon dioxide and gas should be eligible to receive Union financial assistance for studies and, under certain conditions, for works under the proposed Regulation for a Connecting Europe Facility (CEF Regulation), either in the form of grants or in the form of innovative financial instruments. This will ensure tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. Such financial assistance should ensure the necessary synergies with funding from instruments under other Union policies. In particular, the Connecting Europe Facility will finance energy infrastructure of European relevance, while Structural Funds will finance smart energy distribution networks of local or regional importance. The two sources of funding will thereby complement each other.
Amendment 27 #
2011/0300(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. ‘energy infrastructure’ means any physical equipment designed to allow transmission and distribution of electricity or gas, transportation of oil or carbon dioxide, or storage of electricity or gas, which is located within the Union or linking the Union and one or more third countries;
Amendment 28 #
2011/0300(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) facilitates the timely implementation of projects of common interest by accelerating permit granting and enhancingsetting minimum requirements for public participation;
Amendment 28 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, each Group shall, at the latest six months before the adoption date of the Union-wide list referred to in paragraph 1, submit its proposed list of projects of common interest to the Commission.
Amendment 29 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, the Commission shall evaluate the application of the criteria set out in Article 4. For carbon dioxide projects falling under the category set out in point 4 of Annex II, the Commission shall also take into account the potential for future extension to include additional Member States.
Amendment 30 #
2011/0300(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘energy infrastructure’ means any physical equipment designed to allow transmission and distribution of electricity or gas, transportation of oil or carbon dioxide, or storage of electricity or gas, which is located within the Union or linking the Union and one or more third countries; (This amendment applies throughout the text.)
Amendment 31 #
2011/0300(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘energy infrastructure’ means any physical equipment designed to allow transmission and distribution of electricity or gas, transportation of oil or carbon dioxide, or storage of electricity or gas, which is located within the Union or linking the Union and one or more third countries;
Amendment 31 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 32 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When ranking projects contributing to the implementation of the same priority, due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of energy saving and efficiency, a higher proportion of energy generation from renewable sources, market integration and competition, sustainability and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non -dispatchable resources in the area covered by these users.
Amendment 37 #
2011/0300(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 38 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, each Group shall, at the latest six months before the adoption date of the Union-wide list referred to in paragraph 1, submit its proposed list of projects of common interest to the Commission.
Amendment 38 #
2011/0300(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall endeavour to ensure that appeals, including those from citizen representatives or environmental NGOs, challenging the substantive or procedural legality of a comprehensive decision are handled in the most efficient way possiblea non-discriminatory and efficient way, on an equal footing.
Amendment 39 #
2011/0300(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. At least one public consultation shall be carried out by the project promoter, or, where this is laid down by national legislation, by the competent authority, before submission of the application file to the competent authority pursuant to paragraph 1(a) of Article 11. The public consultation shall inform stakeholders referwithin three to six months of the start of the permit granting process pursuant to paragraph 1(a) of Article 11. Before submission of the application file, at least one more public consultation shall be carried out by the project promoter, or, whered to in point 2(a) of Annex VI about the project at an early stage and identify the most suitable location or trajectory and the relevant issues to be addressed in the application file. The minimum modalities of this public consultation are specified in point 4 of Annex VI. A report summarising the results of activities related to the participation of the public prior to the submissionhis is laid down by national legislation, by the competent authority, in which the project promoter shall give details of the current state of play and explain how far reservations and considerations raised during the first consultation have been taken into account or why suggestions have not been taken into account. The public shall be given an opportunity to comment ofn the applicupdated plans. The public consultation file shall be prepared by the project promoter and submitted together wiinform stakeholders referred to in point 2(a) of Annex VI about the project at an early stage and identify the the applicaechnical options file to the competent authority, which shall take due account of these results when takor ecological optimisation of route planning and the relevant issues to be addressed ing the comprehensive decisionapplication file.
Amendment 41 #
2011/0300(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Within one month of the entry into force of this Regulation, the ENTSO for Electricity and the ENTSO for Gas shall submit to the Agency and the Commission their respective methodology, including on network and market modelling, for a harmonised energy system-wide cost- benefit analysis at Union-wide level for projects of common interest falling under the categories set out in points 1(a) to (d) and 2 of Annex II. The methodology shall be elaborated in line with the principles laid down in Annex V and be consistent with the rules and indicators set out in Annex IV. The ENTSOs shall conduct an extensive consultation process involving at least the organisations representing all relevant stakeholders, including producers, distribution system operators, suppliers, consumer and environmental organisations and, if deemed appropriate, stakeholders directly, national regulatory authorities and other national authorities.
Amendment 42 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in points 1, 2 and 42 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and of the Council establishing the Connecting Europe Facility].
Amendment 43 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Projects of common interest falling under the categories set out in points 1(e) and 4 of Annex II shall be also eligible for Union financial support in the form of grants for works in accordance with the provisions of [Regulation of the European Parliament and of the Council establishing the Connecting Europe Facility], if the concerned project promoters concerned can clearly demonstrate the significant positive externalities generated by the projects and their lack of commercial viability.
Amendment 44 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Projects contributing to energy efficiency and the integration of decentralised renewable energy generation shall receive at least two thirds of the financial support available for energy infrastructure projects.
Amendment 45 #
2011/0300(COD)
Proposal for a regulation
Article 17 – introductory part
Article 17 – introductory part
The Commission shall establish an infrastructure transparency platform in the internet in the EU official languages easily accessible to the general public. This platform shall contain the following information:
Amendment 46 #
2011/0300(COD)
Proposal for a regulation
Article 17 – point c a (new)
Article 17 – point c a (new)
(ca) information about the updated list of projects of common interest;
Amendment 47 #
2011/0300(COD)
Proposal for a regulation
Article 17 – point c b (new)
Article 17 – point c b (new)
(cb) an overview of the stages of decision- making processes from the Ten Year Network Development Plan to the identification of projects of common interest, including links to the national manuals of procedures as well as the Ten Year Network Development Plan (TYNDP);
Amendment 48 #
2011/0300(COD)
Proposal for a regulation
Article 17 – point c c (new)
Article 17 – point c c (new)
(cc) information about the work of regional groups, including links to the work of the regional groups.
Amendment 49 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 11
Annex I – part 4 – point 11
Amendment 50 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 12
Annex I – part 4 – point 12
Amendment 54 #
2011/0300(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Amendment 55 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – subparagraph 1
Annex III – part 1 – point 1 – subparagraph 1
(1) For electricity projects falling under the categories set out in point 1 of Annex II, each Group shall be composed of representatives of the Member States, national regulatory authorities, transmission system operators following their obligation to cooperate on a regional level in accordance with Article 6 of Directive 2009/72/EC and Article 12 of Regulation (EC) No 714/2009 and project promoters concerned by each of the relevant priorities designated in Annex I, as well as the Commission, the Agency and the ENTSO for Electricity. and other stakeholders, including producers, distribution system operators , suppliers, and consumer and environmental organisations.
Amendment 58 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – subparagraph 3
Annex III – part 1 – point 1 – subparagraph 3
For oil and carbon dioxide transport projects falling under the categories referred to in Annex II(3) and (4), each Group shall be composed of the representatives of the Member States, project promoters concerned by each of the relevant priorities designated in Annex 1 and the Commission.
Amendment 60 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 4
Annex III – part 1 – point 4
(4) Each Group shall consult the organisations representing relevant stakeholders, including producers, distribution system operators, suppliers, consumers, and, for the tasks set out in paragraph 2 of Article 5, organisations for environmental protection. The Group may organise hearings or consultations, where relevant for the accomplishments of it tasksshall inform the public regularly and comprehensively about the state and results of its deliberations and organise at least one public consultation before submission of its proposed lists as referred to in Article 3(4).
Amendment 61 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 61 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – subparagraph 3 a (new)
Annex III – part 1 – point 1 – subparagraph 3 a (new)
(3a) Each group shall publish the agendas and minutes of its meetings on the internet.
Amendment 62 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 2 – point 5
Annex III – part 2 – point 5
Amendment 63 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When ranking projects contributing to the implementation of the same priority, due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of energy savings and efficiency, increasing the share of renewable generation, market integration and competition, sustainability and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users.
Amendment 64 #
2011/0300(COD)
Proposal for a regulation
Annex V – point 1 – point a
Annex V – point 1 – point a
(a) In electricity: scenarios for demand, generation capacities by fuel type (biomass, geothermal, hydro, gas, nuclear, oil, solid fuels, wind, solar photovoltaic, concentrated solar, other renewable technologies) and their geographical location, fuel prices (including biomass, coal, gas and oil), carbon dioxide prices, the composition of the transmission and, if relevant, the distribution network, and its evolution, taking into account all new significant generation (including capacity equipped for capturing carbon dioxide), storage and transmission projects for which a final investment decision has been taken and that are due to be commissioned by the end of year n+5;
Amendment 74 #
2011/0300(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The adoption of the Union-wide list of projects of common interest shall establish thea public interest and necessity of these projects within the Member States concerned and shall be acknowledged as such by all parties concerned.
Amendment 76 #
2011/0300(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 81 #
2011/0300(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) integrated scheme: the comprehensive decision issued by the competent authority is the sole legally binding decision resulting from the statutory permit granting procedure. Where other authorities are concerned by the project, these mayshall, in accordance with national legislation, give their opinion as input to the procedure, which shall be taken into account by the competent authority.
Amendment 82 #
2011/0300(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) coordinated scheme: The comprehensive decision may encompass multiple individual legally binding decisions issued by the Competent Authority and other authorities concerned. The competent authority shall establish, on a case-by-case basis, a reasonable time limit within which the individual decisions must be issued. The competent authority may take an individual decision on behalf of another national authority concerned, if the decision by that authority is not delivered within the time limit and if the delay cannot be adequately justified. The competent authority may overrule an individual decision of another national authority, if it considers thatsubsequent re-analysis reveals the decision is not sufficiently substantiated with regard to the underlying evidence presented by the authority concerned. The competent authority shall ensure that the relevant requirements under international and Union legislation are respected and must duly justify its decision and make the decision and the justification, including the relevant evidence, available to the public.
Amendment 86 #
2011/0300(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States shall endeavosure to ensure that appeals, including those from citizen representatives or environmental NGOs, challenging the substantive or procedural legality of a comprehensive decision are handled in the most efficient way possiblea non discriminatory way on an equal footing basis.
Amendment 87 #
2011/0300(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. At least onetwo public consultations shall be carried out by the project promoter, or, where this is laid down by national legislation, by the competent authority, before submission of the application file to the competent authority pursuant to paragraph 1(a) of Article 11. The first consultation should be carried out within the first six months of the pre-application procedure. The public consultation shall inform stakeholders referred to in point 2(a) of Annex VI about the project at an early stage and identify the most suitable location or trajectory, the different technical options and the relevant issues to be addressed in the application file. The minimum modalities of this public consultation are specified in point 4 of Annex VI. A report summarising the results of activities related to the participation of the public prior to the submission of the application file shall be prepared by the project promoter and submitted together with the application file to the competent authority, which shall take due account of these results when taking the comprehensive decision.
Amendment 88 #
2011/0300(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. For projects likely to have significant adverse cross-border impacts in one or more neighbouring Member States, where Article 7 of Directive 2001/42/EC, Article 7 of Directive 85/337/EEC and, or the Espoo Convention are applicable, the relevant information shall be made available to the competent authority of the neighbouring Member State(s). The competent authority of the neighbouring Member State(s) shall indicate whether it wishes to participate in the relevant public consultation procedures.
Amendment 105 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in points 1, 2 and 42 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and the Council establishing the Connecting Europe Facility].
Amendment 107 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. Projects effectively contributing to energy efficiency and integration of distributed renewable energy production shall receive at least two thirds of the financial support available for projects for energy infrastructure.
Amendment 108 #
2011/0300(COD)
Proposal for a regulation
Article 17 – point -a (new)
Article 17 – point -a (new)
(-a) Information about the current list of priority projects, overview over the stages of the decision making process as well as dates and agendas for the meetings of the regional groups, along with sub- sequent publication of minutes and any decisions taken.
Amendment 111 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 11
Annex I – part 4 – point 11
Amendment 113 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 12
Annex I – part 4 – point 12
Amendment 114 #
2011/0300(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4
Annex II – paragraph 1 – point 4
Amendment 115 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – introductory part
Annex III – part 1 – point 1 – introductory part
(1) For electricity projects falling under the categories set out in point 1 of Annex II, each Group shall be composed of representatives of the Member States, national regulatory authorities, transmission system operators following their obligation to cooperate on a regional level in accordance with Article 6 of Directive 2009/72/EC and Article 12 of Regulation (EC) No 714/2009 and project promot, project promoters and other relevant stakeholders, including producers, distribution system operators, suppliers and environmental organisations and organisations representing consumers, concerned by each of the relevant priorities designated in Annex I, as well as the Commission, the Agency and the ENTSO for Electricity.
Amendment 119 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – paragraph 2
Annex III – part 1 – point 1 – paragraph 2
For oil and carbon dioxide transport projects falling under the categories referred to in Annex II(3) and (4), each Group shall be composed of the representatives of the Member States, project promoters concerned by each of the relevant priorities designated in Annex 1 and the Commission.
Amendment 120 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 3
Annex III – part 1 – point 3
(3) Each Group shall invite, as appropriate in view of implementing the relevant priority designated in Annex I, representatives of national administrations, of regulatory authorities, project promoters, organisations for environmental protection, and transmission system operators from EU candidate countries and potential candidates, the member countries of the European Economic Area and the European Free Trade Association, representatives from the Energy Community institutions and bodies, countries covered by the European Neighbourhood policy and countries, with which the Union has established specific energy cooperation.
Amendment 122 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 4
Annex III – part 1 – point 4
(4) Each Group shall consult the organisations representing relevant stakeholders, including producers, distribution system operators, suppliers, consumers, and, for the tasks set out in paragraph 2 of, organisations for environmental protection. The Group mayshall organise hearings or consultations, where relevant for the accomplishments of it tasks. The group shall inform the public regularly and comprehensively about the state and result of its deliberations and organise a hearing or consultation before submission of its proposed list as referred to in article 3 (4).
Amendment 126 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 2 – point 5
Annex III – part 2 – point 5
Amendment 184 #
2011/0300(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Projects of common interest in the fields of electricity, gas and carbon dioxide and gas should be eligible to receive Union financial assistance for studies and, under certain conditions, for works under the proposed Regulation for a Connecting Europe Facility (CEF Regulation), either in the form of grants or in the form of innovative financial instruments. This will ensure tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. Such financial assistance should ensure the necessary synergies with funding from instruments under other Union policies. In particular, the Connecting Europe Facility will finance energy infrastructure of European relevance, while Structural Funds will finance smart energy distribution networks of local or regional importance. The two sources of funding will thereby complement each other.
Amendment 197 #
2011/0300(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. 'energy infrastructure' means any physical equipment designed to allow transmission and distribution of electricity or gas, transportation of oil or carbon dioxide, or storage of electricity or gas, which is located within the Union or linking the Union and one or more third countries;
Amendment 240 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, each Group shall, at the latest six months before the adoption date of the Union-wide list referred to in paragraph 1, submit its proposed list of projects of common interest to the Commission.
Amendment 256 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, the Commission shall evaluate the application of the criteria set out in Article 4. For carbon dioxide projects falling under the category set out in point 4 of Annex II, the Commission shall also take into account the potential for future extension to include additional Member States.
Amendment 331 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – introductory part
Article 4 – paragraph 2 – point e – introductory part
Amendment 432 #
2011/0300(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Selection of route corridors for projects of common interest (1) The approximate course of the route corridors for projects of common interest shall be narrowed down, before the opening of the permit procedure, in separate proceedings, weighing up the variants and ensuring public participation via a public authority or other body. At least the three most potentially suitable variants shall be examined and considered. (2) The Member States shall ensure that such proceedings are opened and concluded without delay. The Member States shall report regularly to the relevant group on the progress of the proceedings. (3) This provision shall not apply to projects for which the course of the route corridor has already been determined in detail in accordance with national law by a public authority or other body.
Amendment 463 #
2011/0300(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. At least one public consultation shall be carried out by the project promoter, or, where this is laid down by national legislation, by the competent authority, before submission of the application file to the competent authority pursuant to paragraph 1(a) of Article 11. The public consultation shall inform stakeholders referred to in point 2(a) of Annex VI about the project at an early stage and identify the most suitable location or trajectory and the relevant issues to be addwithin three to six months of the start of the permit granting process pursuant to paragraph 1(a) of Article 11. Before submission of the application file, at least one more public consultation shall be carried out by the project promoter, or, where this is laid down by national legislation, by the competent authority, in which the project promoter shall give details of the current state of play and explain how far ressed in the application file. The minimum modalities of this public consultation are specified in point 4 of Annex VI. A report summarising the results of activities related to the participation of the public prior to the submissionrvations and considerations raised during the first consultation have been taken into account or why suggestions have not been taken into account. The public shall be given an opportunity to comment ofn the applicupdated plans. The public consultation file shall be prepared by the project promoter and submitted together with the applicainform stakeholders referred to in point 2(a) of Annex VI about the project at an early stage and identify the technical options file to the competent authority, which shall take due account of these results when takor the environmental optimisation of routes and the relevant issues to be addressed ing the comprehensive decisionapplication file.
Amendment 498 #
2011/0300(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Network development planning and projects of common interest (1) When drawing up national and regional development plans for transmission networks that could be significantly affected by projects of common interest, and when drawing up EU network development plans for transmission networks, the Member States, the distribution system operators and ENTSO-E shall ensure that the following minimum criteria are complied with: - As a basis for the network development plans, at least three different plausible scenarios for the future development of supply and demand shall be worked out and approved by the regulatory authority. - The scenarios shall be geared in particular to compliance with the Member State’s targets for increasing the share of renewable energy, reducing greenhouse gas emissions and boosting energy efficiency. - The scenarios and the data that underlie them shall be published on submission to the regulatory authority in accordance with paragraph 2. - The regulatory authority shall conduct at least one public consultation before approval is granted. (2) Provided that the interest in the publication of the grounds underlying the network development plans is not, exceptionally, outweighed by private interests in the protection of personal or commercial data, all data from the transmission system operators which is needed for the independent monitoring of the need for development projects shall be made available to the public. The same requirement shall apply to ENTSO-E in respect of the grounds for the ten-year network development plan in accordance with Article 8 of Regulation (EC) 714/2009.
Amendment 588 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Projects of common interest falling under the categories set out in points 1, 2 and 42 of Annex II are eligible for Union financial support in the form of grants for studies and financial instruments in accordance with the provisions of [Regulation of the European Parliament and of the Council establishing the Connecting Europe Facility].
Amendment 609 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Projects of common interest falling under the categories set out in points 1(e) and 4 of Annex II shall be also eligible for Union financial support in the form of grants for works in accordance with the provisions of [Regulation of the European Parliament and of the Council establishing the Connecting Europe Facility], if the concerned project promoters concerned can clearly demonstrate the significant positive externalities generated by the projects and their lack of commercial viability.
Amendment 613 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. Projects contributing to energy efficiency and the integration of decentralised renewable energy generation shall receive at least two thirds of the financial support available for energy infrastructure projects.
Amendment 621 #
2011/0300(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
The Commission shall establish on the internet, in the official languages of the EU, an infrastructure transparency platform easily accessible to the general public. This platform shall contain the following information:
Amendment 673 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 11 – paragraph 1
Annex I – part 4 – point 11 – paragraph 1
Amendment 676 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 12 – paragraph 1
Annex I – part 4 – point 12 – paragraph 1
Amendment 697 #
2011/0300(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Amendment 711 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – paragraph 3
Annex III – part 1 – point 1 – paragraph 3
For oil and carbon dioxide transport projects falling under the categories referred to in Annex II(3) and (4), each Group shall be composed of the representatives of the Member States, project promoters concerned by each of the relevant priorities designated in Annex 1 and the Commission.
Amendment 750 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 2 – point 5
Annex III – part 2 – point 5
Amendment 796 #
2011/0300(COD)
Proposal for a regulation
Annex V – point 1 – point a
Annex V – point 1 – point a
(a) In electricity: scenarios for demand, generation capacities by fuel type (biomass, geothermal, hydro, gas, nuclear, oil, solid fuels, wind, solar photovoltaic, concentrated solar, other renewable technologies)and their geographical location, fuel prices (including biomass, coal, gas and oil), carbon dioxide prices, the composition of the transmission and, if relevant, the distribution network, and its evolution, taking into account all new significant generation (including capacity equipped for capturing carbon dioxide), storage and transmission projects for which a final investment decision has been taken and that are due to be commissioned by the end of year n+5;.
Amendment 276 #
2011/0282(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The EAFRD shall contribute to the Europe 2020 Strategy by promoting sustainable rural development throughout the Union in a complementary manner to the other instruments of the common agricultural policy (hereinafter “CAP”), to cohesion policy and to the common fisheries policy. It shall contribute to a more territorially and environmentally balanced, climate- friendly and resilientresilient, greenhouse-gas-reducing and innovative Union agricultural sector.
Amendment 303 #
2011/0282(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
(3 a) creating and maintaining jobs in rural areas
Amendment 316 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point c
Article 5 – paragraph 1 – point 1 – point c
Amendment 380 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point a
Article 5 – paragraph 1 – point 3 – point a
(a) better integrating primary producers into the food chain through quality schemes, promotion in local markets and short supply circuits, and strengthening market position by means of producer groups and inter-branch organisations;
Amendment 427 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 5 – point e
Article 5 – paragraph 1 – point 5 – point e
(e) fostering carbon sequestration in agriculture and forestry and in particular in land used for agriculture;
Amendment 1035 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) investments in the creation, improvement or expansion of all types of small scale infrastructure, including investments in renewable energy;
Amendment 1985 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
Amendment 12 #
2011/0254(NLE)
Draft legislative resolution
Citation 2
Citation 2
– having regard to Articles 31 and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C7- 0151/2012)the Treaty on the Functioning of the European Union, and in particular Articles 191 and 192 thereof,
Amendment 13 #
2011/0254(NLE)
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to notify the Parliament how amendments from Parliament have been taken into due account in the final text of the directive as amended from the council;
Amendment 14 #
2011/0254(NLE)
Citation 1
Having regard to the Treaty establishing the European Atomic Energy Communityon the Functioning of the European Union, and in particular Articles 3191 and 3192 thereof,
Amendment 15 #
2011/0254(NLE)
Recital 1
(1) Article 2(b) of the Treaty provides for the establishment of uniform safety standards to protect the health of workers and the general public and Article 30 of the Treaty defines ‘basic standards’ for the health protection of workers and the general public191 TFEU provides the legal basis for preserving, protecting and improving the quality of the environment and protecting human health, including against the dangers arising from exposure to ionising radiations.
Amendment 17 #
2011/0254(NLE)
Recital 1 a (new)
(1a) Article 153 TFEU allows for the establishment of safety standards to protect the health of workers and of the general public.
Amendment 18 #
2011/0254(NLE)
Recital 1 b (new)
(1b) Article 168 TFEU allows for the establishment of basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation.
Amendment 22 #
2011/0254(NLE)
Recital 13
Amendment 28 #
2011/0254(NLE)
Recital 22
Amendment 30 #
2011/0254(NLE)
Recital 23
Amendment 38 #
2011/0254(NLE)
Article 1 – paragraph 1
1. This Directive establishes the basic safety standards for the protection of the health of workers, general public, patients and other individuals subject to medical exposure as well as the environment against the dangers arising from ionising radiation for the purpose of their uniform implementation by Member States without baring Member States from maintaining higher basic safety standards than set out in this directive.
Amendment 40 #
2011/0254(NLE)
Article 1 – paragraph 2
Amendment 41 #
2011/0254(NLE)
Article 1 – paragraph 3
3. This Directive sets out requirements for the control of the safety and security of radioactive sources and the provisions of appropriatemandatory information in an emergency exposure situation.
Amendment 42 #
2011/0254(NLE)
Article 1 – paragraph 4
4. This Directive sets out requirements for the prevenotection of exposurehealth of workers and members of the public to ionising radiation arising from orphan sources and from inadequate control of high-activity sealed radioactive sources and for the harmonisation of controls in place in the Member States by defining specific requirements ensuring that each such source is kept under controlthe general public against the dangers arising from the exposure of ionising radiation as well as the prevention of exposure of workers and the general public to ionising radiation.
Amendment 43 #
2011/0254(NLE)
Article 2 – paragraph 1
1. This Directive applies to any planned, existing, accidental or emergency exposure situation which involves a risk from exposure to ionising radiation which cannot be disregarded from the radiation protection point of view with regard to the health protection of workers, members of the public, or patients and other individuals subject to medical exposure or with regard to the protection of the environment.
Amendment 44 #
2011/0254(NLE)
Article 2 – paragraph 2 – point a
(a) the production, processing, handling, use, storage, holding, transport, shipment, import to, and export from the Community and the, disposal of radioactive material and temporary or final radioactive waste storage;
Amendment 48 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 8
(8) Radiation source means an entity that may causes radiation exposure - such as by emitting ionising radiation or by releasing radioactive material - and can be treated as a single entity for protection and safety purposes;
Amendment 49 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 10
(10) Radioactive material means any material in a liquid, gaseous or solid form incorporating radioactive substances;
Amendment 50 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 13
(13) Disposal means the emplacement of radioactive waste or spent fuel in an authorised facility without the intention of retrieval;
Amendment 51 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 14
(14) Existing exposure situation means an exposure situation that already exists when a decision on its control has to be taken and which does not call or no longer calls for urgent measures to be taken;
Amendment 55 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 17
(17) Potential exposure means exposure that is not expected with certainty but may result from an event or sequence of events of a probabilistic nature, including may result from equipment failures and operating errors.;
Amendment 56 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 18
(18) Radiation protection means the protection of people from harmful effects ofand the environment against the dangers arising from exposure to ionising radiation, and the means for achieving this;
Amendment 57 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 19
(19) Practice means any activity that involves the operation or introduction of radiation sources or which alters exposure pathways and is managed as a planned exposure situation;
Amendment 58 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 21
(21) Storage means the holding of radioactive sources or radioactive waste in a facility that provides adequate containment, with the intention of retrievalr the concrete possibility of retrieval in the long term;
Amendment 59 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 22
(22) Optimisation means a forward-looking iterative process to establish adequate protection measures taking into account the prevailing circumstances, the available options, and the nature of the exposure situation, with the aim of keeping the magnitude and likelihood of exposure and the number of people exposed as low as reasonably achievapossible;
Amendment 62 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 34
(34) Reference level means, in an emergency exposure situation or in an existing exposure situation, the level of dose or risk above which it is judged inappropriate to allow exposures to occur, and below which optimisation of protection should continue to be implemented;
Amendment 68 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 44
(44) Emergency response plan means arrangements to plan for adequimmediate response in the event of an emergency exposure situation related to a specific facility or activity on the basis of postulated events and related scenarios;
Amendment 70 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 53
(53) Radioactive substance means any substance in a gaseous, liquid or solid form that contains one or more radionuclides, the activity concentration of which cannot be disregarded as far as radiation protection is concerned;
Amendment 73 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 62
(62) Radioactive waste means any radioactive material in gaseous, liquid or solid form for which no further use is foreseen.
Amendment 74 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 65
Amendment 81 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 92 – introductory part
Amendment 83 #
2011/0254(NLE)
Article 4 – paragraph 1 – point 97
(97) Normal exposure means exposure expected to occur under the normal operating conditions of a facility or activity (including maintenance, inspection, decommissioning), including possible minor mishaps that can be kept under control, i.e. during normal operation and anticipated operational occurrences;
Amendment 85 #
2011/0254(NLE)
Article 5 – paragraph 1 – introductory part
Member States shall establish legal requirements and an appropriate regime of regulatory control which, for all exposure situations reflect a system of radiation protection based on the following principles of justification, optminimisation and dose limitation:
Amendment 89 #
2011/0254(NLE)
Article 5 – paragraph 1 – point b
(b) optminimisation: in all exposure situations, radiation protection shall be optminimised with the aim of keeping the magnitude and likelihood of exposure and the number of individuals exposed as low as reasonably achievapossible, taking into account economic and societal factors, whereby optimisation of the protection of individuals undergoing medical exposure shall be commensurate with the medical purpose of the exposure as described in Article 55. This principle shall be applied in terms of effective dose as well as organ doses, as a precautionary measure to allow for uncertainties as to health detriment below the threshold, for deterministic effects;
Amendment 91 #
2011/0254(NLE)
Article 5 – paragraph 1 – point c
(c) dose limitation: in planned exposure situations, the sum of doses to an individual from all regulated radiation sources may not exceed the dose limits laid down for occupational exposure or public exposure. Dose limits shall not apply to medical exposures.
Amendment 94 #
Amendment 95 #
2011/0254(NLE)
Article 6 – paragraph 2
2. For public exposure, the dose constraint shall be set for the individual dose that members of the public receive from the planned operation of a specified radiation source. The competent authorities shall set the constraint so as to ensure the protection of health of the general public and compliance with the dose limit for the sum of doses to the same individual from all authorised practices.
Amendment 98 #
2011/0254(NLE)
Article 6 – paragraph 3
3. With regard to potential exposures, optminimisation shall include adequatbest practice management of the highest level of safety and security of sources and facilities. Where appropriatenecessary risk constraints mayshould be established.
Amendment 100 #
2011/0254(NLE)
Article 8 – paragraph 1
1. Reference levels shall be established for emergency and existing exposure situations as a level of effective dose or organ dose above which it is judged inappropriate to allow exposures in emergency or existingby the competent authority to allow exposures in exposure situations.
Amendment 102 #
2011/0254(NLE)
Article 8 – paragraph 2
2. Optimised protective strategies shall be planned and implemented with the objective of reducing individual doses below the reference levels. The values chosen for reference levels shall depend upon thebe the same in all different types of exposure situations taking into account the precautionary principle.
Amendment 104 #
2011/0254(NLE)
Article 8 – paragraph 3
Amendment 115 #
2011/0254(NLE)
Article 13 – paragraph 1
1. ThDose limit on the effective dose for public exposure shall be 1 mSv in a years shall be set by the competent authority taking into account the general principles of justification, minimisation and dose limitation for the protection of public health and the environment.
Amendment 116 #
2011/0254(NLE)
Article 13 – paragraph 1 a (new)
1a. The competent authority or authorities shall ensure public participation according to national legislation in the process leading to set or to amend dose limits for public exposure.
Amendment 117 #
2011/0254(NLE)
Article 13 – paragraph 1 b (new)
1b. The public participation shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public and for the public to participate effectively during the decision- making.
Amendment 118 #
2011/0254(NLE)
Article 13 – paragraph 1 c (new)
1c. Each Member State shall ensure that each legal or natural person has access to a comprehensive review procedure before a court. In addition, each Member State shall ensure that each legal or natural person has access to administrative or judicial procedures by means of which to contest the actions and omissions of the competent authority or authorities.
Amendment 119 #
2011/0254(NLE)
Article 13 – paragraph 1 d (new)
1d. Each Member State shall ensure that in the decision due account is taken of the outcome of public participation.
Amendment 126 #
2011/0254(NLE)
Article 20 – paragraph 1 a (new)
1a. New practices aimed at eliminating an immediate or expected danger shall not require any justification under Article 5 (a).
Amendment 136 #
2011/0254(NLE)
Article 24 – paragraph 1
Member States shall ensure the identification of practices involving naturally occurring radioactive material and leading to exposure of workers or members of the public which cannot be disregarded from a radiation protection point of view. Such identification shall be carried out by means of surveys or by any other appropriate means taking into account industrial sectors listed in Annex V.
Amendment 140 #
2011/0254(NLE)
Article 25 – paragraph 1 – point a
Amendment 142 #
2011/0254(NLE)
Article 25 – paragraph 1 – point b
Amendment 148 #
2011/0254(NLE)
Article 25 – paragraph 2
Amendment 150 #
2011/0254(NLE)
Article 26 – paragraph 1
1. Member States shall require any notified practice to be subject to regulatory control commensurate with the magnitude and likelihood of exposures resulting from the practice, and commensurate with the impact that regulatory control may have in reducing such exposures or improving the safety of installationsby the competent authority.
Amendment 151 #
2011/0254(NLE)
Article 26 – paragraph 2
Amendment 153 #
2011/0254(NLE)
Article 26 – paragraph 3
Amendment 155 #
2011/0254(NLE)
Article 26 – paragraph 4
Amendment 162 #
2011/0254(NLE)
Article 29
Amendment 199 #
2011/0254(NLE)
Article 62 – paragraph 1 – point a
(a) all reasonable steps are taken to minimise the probability and magnitude of accidental or unintended exposures of patients from all medical radiological procedures, taking into account economic and social factors;
Amendment 206 #
2011/0254(NLE)
Article 67 – paragraph 2
2. Member States shall require any undertaking responsible for a nuclear power reactor or reprocessing plant to monitor discharges in normal operation in accordance with the standardised information selected for monitoring and reporting to the European Commission as laid down in Commission Recommendation 2004/2/Euratom .
Amendment 207 #
2011/0254(NLE)
Article 68 – paragraph 1 – point a
(a) achieving and maintaining an optimalthe highest level of protection of public health and the environment;
Amendment 208 #
2011/0254(NLE)
Article 69 – paragraph 1
Member States shall ensure that an appropriatethe best available technologies are deployed for an environmental monitoring programme iswhich should be in place for estimating the radiation exposure of members of thethe general public.
Amendment 232 #
2011/0254(NLE)
Article 75 – paragraph 1 – point a
(a) building materials which are identified and listed by the relevant competent authority as being of concern from the radiation protection of public health and environmental protection point of view, taking into account the indicative list of materials set out in Annex XI with regard to their emitted gamma radiation; or
Amendment 233 #
2011/0254(NLE)
Article 75 – paragraph 2 – introductory part
2. For identified types of building materials, the industries shall be forbidden by law to placinge such materials on the market (a) shall determine the concentrations of the radionuclides specified in Annex VII; (b) shall provide information to the competent authority on the results of measurements and the corresponding activity concentration index, as defined in Annex VII. Severe sanctions shall be implemented by member states on companies failing to comply with the prohibition of sale.
Amendment 234 #
2011/0254(NLE)
Article 75 – paragraph 3
3. The competent authority shall ensure that identified types of building materials are classified, as laid down in Annex VII, on the basis of their intended use and activity concentration index and shall be stored as radioactive waste in an authorised storage facility .
Amendment 235 #
2011/0254(NLE)
Article 75 – paragraph 4
Amendment 236 #
2011/0254(NLE)
Article 75 – paragraph 5
Amendment 237 #
2011/0254(NLE)
Article 75 – paragraph 6
6. Information on identified types of building materials, relevant to the implementation of building codes, including their radionuclide concentrations, activity concentration index and corresponding classification, shall be made available prior to their placing on the marketto the public.
Amendment 241 #
2011/0254(NLE)
Article 80 – paragraph 1
1. Member States shall designate the competent authority or authorities to carry out taskshe regulatory control provided for in this Directive; the competent authority or authorities must be functionally independent from any institution promoting or operating nuclear power.
Amendment 242 #
2011/0254(NLE)
Article 80 – paragraph 1 a (new)
1 a. Each Member state shall ensure that public participation is enforced according to national legislation by the competent authority of the member states when dose limits are set or amended.
Amendment 243 #
2011/0254(NLE)
Article 80 – paragraph 1 b (new)
1 b. The public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public and for the public to prepare and participate effectively during the decision making.
Amendment 244 #
2011/0254(NLE)
Article 80 – paragraph 1 c (new)
1 c. The competent authority shall ensure that in the decision for dose limits due account is taken of the outcome of public participation.
Amendment 247 #
2011/0254(NLE)
Article 91 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure that licence- holders mark containers and document the practices with high-activity sealed sources in a form not subject to weathering. The documentation shall comprise both the chemical, toxic and radiological composition of the inventory and an indication of whether it is solid, liquid or gaseous.
Amendment 248 #
2011/0254(NLE)
Article 94 – paragraph 1
Member States shall require that a metal scrap recycling installation promptly notifies the competent authority of any melting of an orphan source and shall require that the contaminated metal not be further processed without authorisation by the competent authority.
Amendment 268 #
2011/0254(NLE)
Proposal for a directive
Annex 5 – paragraph 1 – point 4 a (new)</
Annex 5 – paragraph 1 – point 4 a (new)</
(4 a) Exploration and extraction of natural gas from coal seams requiring the depressurisation of coal seams to release coal bed methane, independently of the quantity extracted, .
Amendment 269 #
Amendment 11 #
2011/0190(COD)
Proposal for a directive - amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) Acidification still remains a widespread problem in Europe. Significant European regions still remain particularly sensitive to acidification issues and the EU has not yet reached its objectives regarding critical loads and levels.
Amendment 15 #
2011/0190(COD)
Proposal for a directive- amending act
Recital 3 b (new)
Recital 3 b (new)
(3b) While emissions from land-based sources have been reduced, air pollution from shipping is projected to dramatically increase. Without further action, SOx and NOx emissions from shipping would therefore be higher than emissions from all land-based sources around 2020.
Amendment 17 #
2011/0190(COD)
Proposal for a directive- amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) While this Directive aims to reduce emissions from secondary particulate matter (PM), the Commission should complement its efforts to address air pollution from shipping by investigating measures to reduce ship emissions of primary particulate matter, including their abatement efficiencies, costs, benefits, and potential to reduce also black carbon (BC). After a review of available emission control measures for primary PM and BC, the Commission should, if appropriate, come forward with proposals for PM/BC emission standards for ships.
Amendment 19 #
2011/0190(COD)
Proposal for a directive- amending act
Recital 4 b (new)
Recital 4 b (new)
Amendment 20 #
2011/0190(COD)
Proposal for a directive- amending act
Recital 4 c (new)
Recital 4 c (new)
(4c) Some SOx abatement methods can generate waste, in particular wastewater containing mercury, selenium, and other trace elements that may necessitate treatment of the wastewater before discharge. The Commission should adopt guidelines for the harmonised development of reception facilities in EU ports.
Amendment 23 #
2011/0190(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Acidification still remains a widespread problem in Europe. Significant European regions still remain particularly sensitive to acidification issues and the Union has not yet achieved its objectives regarding critical loads and levels.
Amendment 26 #
2011/0190(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Air pollution caused by ships at berth, in particular by cruise ships, is a major concern for harbour cities when it comes to their efforts to meet the Union’s air quality limit values for particulate matter and NO2.
Amendment 26 #
2011/0190(COD)
Proposal for a directive- amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The sulphur content of fuel is only one of the indicators used to determine the quality of fuel. The European Union should adopt a more comprehensive and detailed set of specifications to really identify the quality of fuel in the maritime sector.
Amendment 29 #
2011/0190(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Emissions from land-based sources have been reduced, while air pollution from shipping is projected to increase dramatically. By approximately 2020, SOx and NOx emissions from shipping would, without further action, therefore be higher than emissions from all land-based sources.
Amendment 32 #
2011/0190(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Whilst this Directive aims at reducing emissions from secondary particulate matter, the Commission should complement its effort to address air pollution from shipping by investigating measures to reduce emissions of primary particulate matter from ships, including abatement efficiencies, costs, benefits, and also the potential to reduce black carbon. After a review of available emission control measures for primary particulate matter and black carbon, the Commission shall, if appropriate, come forward with proposals for particulate matter and black carbon emission standards for ships.
Amendment 34 #
2011/0190(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
Amendment 35 #
2011/0190(COD)
Proposal for a directive
Recital 4 c (new)
Recital 4 c (new)
(4c) Some types of SOx abatement methods can generate waste, in particular wastewater containing mercury, selenium, and other trace elements that may necessitate treatment of the wastewater before discharge. The Commission should adopt guidelines for the harmonised development of reception facilities in Union ports.
Amendment 43 #
2011/0190(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The sulphur content of fuel is only one of the indicators used to determine the quality of fuel. The Union should adopt a more comprehensive and detailed set of specifications so as to identify fully the quality of fuel in the maritime sector.
Amendment 50 #
2011/0190(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Passenger ships operate mostly in ports or close to coastal areas and their impacts on human health and the environment are significant. Those ships are required to use marine fuel with the same maximum sulphur content as is applicable in SECAs (1.5%). Given that stricter sulphur standards will apply in SECAs, it is justified by the need to improve air quality around ports and coasts in the non-SECA territories that the same standards apply to passenger ships. However, the introduction of a new SECA standard for passenger ships would be delayed by 54 years in order to avoid potential problems with fuel availability.
Amendment 57 #
2011/0190(COD)
Proposal for a directive - amending act
Article 1 – point 6 – point (a)
Article 1 – point 6 – point (a)
Directive 1999/32/EC
Article 4a – title
Article 4a – title
'Maximum sulphur content of marine fuels used in territorial seas, exclusive economic zones and pollution control zones of Member States, including SOx Emission Control Areas and by passenger ships operating on regular services to or from Union ports'
Amendment 61 #
2011/0190(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Proper enforcement of the obligations with regard to the sulphur content of marine fuels is necessary to achieve the aims of Directive 1999/32/EC. The experience from the implementation of that Directive has shown that there is a need for stronger monitoring and enforcement regime to ensure a proper implementation of the Directive. To that end, it is necessary that Member States ensure sufficiently frequent and accurate sampling of marine fuel placed on the market or used on board ship as well as regular verification of ships' log books and bunker delivery notes. It is also necessary that they establish a system of effective, proportionate and dissuasive penalties for non-compliance with the provisions of Directive 1999/32/EC. In order to ensure more transparency of information, it is also appropriatenecessary to provide that the register of local suppliers of marine fuel is made publicly available.
Amendment 64 #
2011/0190(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Reporting by Member States under Directive 1999/32/EC has proved insufficient for the purpose of verification of compliance with the provisions of the Directive due to the lack of harmonized and sufficiently precise provisions on the content and the format of the Member States' reports. Therefore, the Commission shall adopt binding implementing legislation pursuant to this Directive establishing more detailed indications as regards the content and the format of the report are necessary to ensure a more harmonised reporting.
Amendment 68 #
2011/0190(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Complying with the low fuel sulphur limits, particularly in SECAs, can result in a significant increase in the price of marine fuels, at least in the short term, and can have a negative effect for the competitiveness of short sea shipping in comparison with other transport modes as well as for the competitiveness of the industries in the countries bordering SECAs. Suitable solutions are necessary in order to reduce compliance costs for the affected industries, such as allowing for alternative, more cost-effective methods of compliance than fuel-based compliance and while also providing support, where necessary. The Commission will, based inter alia on reports from Member States, closely monitor the impacts of the shipping sector's compliance with the new fuel quality standards, particularly with respect to possible modal backshift from sea to land based transport.
Amendment 69 #
2011/0190(COD)
Proposal for a directive - amending act
Article 1 – point 6 – point (c)
Article 1 – point 6 – point (c)
Directive 1999/32/EC
Article 4a – paragraph 1a – point (b)
Article 4a – paragraph 1a – point (b)
(b) 0.510 % as from 1 January 202015.
Amendment 81 #
2011/0190(COD)
Proposal for a directive - amending act
Article 1 – point 6 – point (e)
Article 1 – point 6 – point (e)
Directive 1999/32/EC
Article 4a – paragraph 4 – point (d)
Article 4a – paragraph 4 – point (d)
(d) 0.10 % as from 1 January 202015.
Amendment 85 #
2011/0190(COD)
Proposal for a directive - amending act
Article 1 – point 7
Article 1 – point 7
Directive 1999/32/E
Article 4b – paragraph 2 – point (a)
Article 4b – paragraph 2 – point (a)
Amendment 91 #
2011/0190(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to determine the date of the application of 0.510% sulphur limit, to designate new SECAs, to approve new alternative abatement methods and to establish the appropriate conditions for their use, to ensure appropriate monitoring of sulphur content of fuels and the harmonized content and the format of Member States' reports and to adapt the provisions of the Directive to scientific and technical progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of specification of the date from which the maximum sulphur content of fuel of 0.510% by mass should apply in the Union, designation of new SECAs on the basis of the decision of the IMO, approval of new emission abatement methods not covered by Council Directive 96/98/EC15 and establishment, supplementation or amendment of conditions for their use, the specification of the means of sampling and emission monitoring and the content and the format of the report and the amendment of Article 2, points 1, 2, 3, 3a, 3b and 4 or Article 6 paragraph 1(a) and 2 in the light of scientific and technical progress and, where relevant, the instruments of the IMO. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 98 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 1999/32/EC
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) in combustion plants which fall within the scope of Chapter III of Directive 2010/75/EU of the European Parliament and of the Council, and which comply with the emission limits for sulphur dioxide for such plants as set out in Annex V of that Directive or, where those emission limit values are not applicable according to that Directive, for which the monthly average sulphur dioxide emissions do not exceed 1 70850 mg/Nm³ at an oxygen content in the flue gas of 3 % by volume on a dry basis;
Amendment 99 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 1999/32/EC
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) in combustion plants which do not fall under point (a), and the monthly average sulphur dioxide emissions of which do not exceed 1 70850 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis;
Amendment 100 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 1999/32/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) for combustion in refineries, where the monthly average of emissions of sulphur dioxide averaged over all combustion plants in the refinery, irrespective of the type of fuel or fuel combination used, but excluding plants falling under point (a), gas turbines and gas engines, do not exceed 170850 mg/Nm3 at an oxygen content in the flue gas of 3 % by volume on a dry basis.
Amendment 101 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 1999/32/EC
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
Member States shall take the necessary measures to ensure that any combustion plant using heavy fuel oil with a sulphur concentration greater than that referred to in paragraph 1 is not operated without a permit issued byin a ccompetent authority, which specifies the emission limitsrdance with Articles 14 and 24 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control).
Amendment 101 #
2011/0190(COD)
Proposal for a directive - amending act
Article 1 – point 10 – point (a)
Article 1 – point 10 – point (a)
Directive 1999/32/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each year, by 30 June, the Member States shall, on the basis of submit a report on the sulphur content of the liquid fuels falling within the scope of this Directive and used and marketed within their territory during the preceding calendar year. That report shall contain the results of the sampling, analysis and inspections carried out in accordance with Article 6, submit. It shall include a repcort tod of the Commission on the compliance with the sulphur standards set out in this Directive for the preceding yeartotal number of samples tested by fuel type and shall indicate the corresponding quantity of fuel used, and the calculated average sulphur content. Member States shall also report the number of inspections made on board ships, and record the average sulphur content of marine fuels used in their territory which do not fall within the scope of this Directive on 11 August 2005. In addition, Member States shall report the total volumes of marine fuels marketed in their territories and the volumes of marine fuels marketed with a maximum sulphur content of respectively 1.00%, 0.50% and 0.10% by mass. Furthermore, Member States shall report annually on the availability on an appropriately balanced geographical basis of low sulphur marine fuels that are marketed within their territory.
Amendment 105 #
2011/0190(COD)
Proposal for a directive - amending act
Article 1 – point 10 – point c a (new)
Article 1 – point 10 – point c a (new)
Directive 1999/32/EC
Article 7 – paragraph 3a (new)
Article 7 – paragraph 3a (new)
ca) the following paragraph 3a is inserted 3a. By 31 December 2015, the Commission shall report to the European Parliament and to the Council on the observed trends in air quality (both concentrations, exposure, and deposition of air pollutants) and in particular in shipping emissions of SO2, NOx and PM (including black carbon). The Commission may consider submitting proposals to revise the sulphur limit values laid down for each fuel category, as well as proposals aimed at reducing other air pollutants by sea-going ships or at introducing emission charges for air pollution in Europe, provided that environmental and health benefits can be clearly demonstrated.
Amendment 106 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 1999/32/EC
Article 4 a – title
Article 4 a – title
Maximum sulphur content of marine fuels used in territorial seas, exclusive economic zones and pollution control zones of Member States, including SOx Emission Control Areas and by passenger ships operating on regular services to or from Union ports
Amendment 107 #
2011/0190(COD)
Proposal for a directive - amending act
Article 1 – point 10 – point c c (new)
Article 1 – point 10 – point c c (new)
Directive 1999/32/EC
Article 7 – paragraph 3c (new)
Article 7 – paragraph 3c (new)
3b. By 31 December 2015 at the latest, the Commission shall report to the European Parliament and to the Council on the possible adoption of comprehensive quality standard for marine fuel oil, including full specifications for marine fuel oils such as, inter alia, ash content, aluminium and silicon, other metals (iron, nickel and other metals), acidic and corrosive substances and chemicals. In the context of the review of the EU air quality legislation planned for 2013, the Commission should consider submitting a proposal for a comprehensive fuel quality standard for marine fuel oil as a complementary measure to this Directive, provided that safety, environmental and health benefits can be clearly demonstrated.
Amendment 122 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 6 – point c
Article 1 – point 6 – point c
Directive 1999/32/EC
Article 4 a – paragraph 1 a – subparagraph 1 – point b
Article 4 a – paragraph 1 a – subparagraph 1 – point b
(b) 0.50 10% as from 1 January 202015.
Amendment 128 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 6 – point c
Article 1 – point 6 – point c
Directive 1999/32/EG
Article 4 a – paragraph 1 a – subparagraph 2
Article 4 a – paragraph 1 a – subparagraph 2
Amendment 145 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 6 – point e
Article 1 – point 6 – point e
Directive 1999/32/EG
Article 4 a – paragraph 4 – point d
Article 4 a – paragraph 4 – point d
(d) 0.10 % as from 1 January 202015.
Amendment 157 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 1999/32/EC
Article 4 b – paragraph 2 – point a
Article 4 b – paragraph 2 – point a
Amendment 159 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 1999/32/EC
Article 4 b – paragraph 3 a (new)
Article 4 b – paragraph 3 a (new)
(3a) As from 1 January 2015, Member States shall take all necessary steps to align the sulphur content of marine fuels used by ships on inland waterways, in the territorial seas of the Union or by any ships at berth in Union ports with the values contained in Article 4(2) of the Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC.
Amendment 182 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 1999/32/EC
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall take all necessary measures to check by sampling that the sulphur content of fuels used complies with Articles 3, 3a, 4, 4a and 4b. The sampling shall commence on the date on which the relevant limit for maximum sulphur content in the fuel comes into force. It shall be carried out with sufficient frequency, in sufficient quantities and in such a way that the samples are representative of the fuel examined, and in the case of marine fuel, of the fuel being used by vessels while in relevant sea areas and ports.
Amendment 189 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 1999/32/EC
Article 6 – paragraph 1 – subparagraph 3 a (new)
Article 6 – paragraph 1 – subparagraph 3 a (new)
Such delegated acts shall be adopted in the form of binding implementing legislation for the monitoring and reporting of data pursuant to this Directive. The Commission shall adopt such implementing legislation by 31 December 2013.
Amendment 190 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 1999/32/EC
Article 6 – paragraph 1 a
Article 6 – paragraph 1 a
(b) paragraph 1a is deleted. replaced by the following: 1a. The enforcement action referred to in paragraph 1 shall be carried out in sufficient frequency to ensure that most of the European maritime traffic complies with Articles 3a, 4,a and 4b. Each year, Member States shall inspect at least 50% of the vessels calling at their ports.
Amendment 191 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 10 – point a
Article 1 – point 10 – point a
Directive 1999/32/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each year, by 30 June, the Member States shall, on the basis of the results of the sampling, analysis and inspections carried out in accordance with Article 6, submit a report to the Commission on the compliance submit a report on the sulphur content of the liquid fuels falling within the scope of this Directive and used and marketed within their territory during the preceding calendar year. That report shall contain the results of the sampling, analysis and inspections carried out in accordance with Article 6. It shall include a record of the total number of samples tested by fuel type and shall indicate the corresponding quantity of fuel used, and the calculated average sulphur content. Member States shall also report on the number of inspections made on board ships, and record the average sulphur content of marine fuels used in their territory which do not fall within the sulphur standards set out in this Directive for the preceding year. cope of this Directive on 11 August 2005. In addition, Member States shall report the total volumes of marine fuels marketed in their territories and the volumes of marine fuels marketed with a maximum sulphur content of respectively 1.00%, 0.50% and 0.10% by mass. Furthermore, Member States shall report annually on the availability on an appropriately balanced geographical basis of low sulphur marine fuels that are marketed within their territory.
Amendment 192 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 10 – point b
Article 1 – point 10 – point b
Directive 1999/32/EC
Article 7 – paragraph 1 a
Article 7 – paragraph 1 a
1a. The Commission shall be empowered to adopt delegated acts in accordance with Article 9a concerning the information to be included in the report and the format of the report. This information to be included in the report and the format of the report shall be specified in the form of binding implementing legislation for the monitoring and reporting of data pursuant to this Directive. The Commission shall adopt such implementing legislation by 31 December 2013.
Amendment 198 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 10 – point d a (new)
Article 1 – point 10 – point d a (new)
Directive 1999/32/EC
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
(da) the following paragraph 4a shall be inserted: „4a. By 31 December 2015, the Commission shall report to the European Parliament and to the Council on the observed trends in air quality (including concentrations, exposure, and deposition of air pollutants) and in particular on shipping emissions of SO2, NOx and PM (including black carbon). The Commission may consider submitting proposals to revise the sulphur limit values laid down for each fuel category, as well as proposals aimed at reducing other air pollutants by sea-going ships or at introducing emission charges for air pollution in Europe, provided that environmental and health benefits can be clearly demonstrated.”
Amendment 199 #
2011/0190(COD)
Proposal for a directive
Article 1 – point 10 – point d a (new)
Article 1 – point 10 – point d a (new)
Directive 1999/32/EC
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
(da) the following paragraph 4b shall be inserted: „(4b) By 31 December 2015 at the latest, the Commission shall report to the European Parliament and to the Council on the possible adoption of comprehensive quality standards for marine fuel oil, including full specifications for marine fuel oils such as, inter alia, ash content, aluminium and silicon, other metals (iron, nickel and other metals), acidic and corrosive substances and chemicals. In the context of the review of the EU air quality legislation planned for 2013, the Commission shall consider submitting a proposal for a comprehensive fuel quality standard for marine fuel oil as a complementary measure to this Directive, provided that safety, environmental and health benefits can be clearly demonstrated.”
Amendment 47 #
2011/0172(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive establishes a common framework for the promotion of energy efficiency within the Union in order to ensure the achievement of at least the Union's target of 20% primary energy savings by 2020 compared to 2007 and to pave the way for further energy efficiency improvements beyond that date.
Amendment 57 #
2011/0172(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2 a. ´energy savings` means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of one or more energy efficiency improvement measures, whilst ensuring normalization for external conditions that affect energy consumption;
Amendment 73 #
2011/0172(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member States shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020. When setting these targets, they shall take into accountensure that its national absolute level of primary energy consumption in 2020 is at least below its target as set out in Annex -1. Such mandatory national targets are consistent with the Union'’s target of at least 20 % energy savings, the measures provided for in this Directive, the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to promote energy efficiency within Member States and at Union level referred to in Article 1 which limit EU primary energy consumption to maximum 1353,50 Mtoe in 2020, representing 80% of the energy consumption in 2007.
Amendment 84 #
2011/0172(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. By 30 June 2014, the Commission shall assess whether the Union is likely to achieve its target of 20 % primary energy savings by 2020, requiring a reduction of EU primary energy consumption of 368 Mtoe in 2020, taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in Article 19(4)Member States shall introduce measures to ensure that their primary energy consumption equals or is below an annual linear trajectory to the 2020 target in Annex -1.
Amendment 154 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. Within the energy efficiency obligation scheme, Member States mayust:
Amendment 157 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) include mandatory requirements with a social aim in the saving obligations they impose, including by requiring measures to be implemented in households affected by energy povertylow-income households or in social housing;
Amendment 161 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
Amendment 180 #
2011/0172(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 204 #
2011/0172(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 4
Article 8 – paragraph 1 – subparagraph 4
In case of heating and cooling, where a building is supplied from a district heating network, a heat meter shall be installed at the building entry. In multi-apartment buildings, individual heat consumption meters shall also be installed to measure the consumption of heor individual heat cost allocat or cooling for each apartment. Where the use of individual heat consumption meters is not technically feasible, individual heat cost allocs, in accordance with the specifications in Annex VI(1.2) for measuring heat consumption at each radiator, shall also be installed to measure the consumption of heat ors, in accordance with the specifications in Annex VI(1.2), shall be used for measuring heat consumption at each radiator cooling for each apartment. The costs of the appliances used should be no greater than the energy savings to be achieved by them.
Amendment 216 #
2011/0172(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Member States should establish an operative, reasonable and deterrent administrative fine to ensure the enforcement of Article 6 to Article 8 of this Directive.
Amendment 266 #
2011/0172(COD)
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 2
Article 10 – paragraph 6 – subparagraph 2
Amendment 316 #
2011/0172(COD)
Proposal for a directive
Article 14 -paragraph 1-point e a (new)
Article 14 -paragraph 1-point e a (new)
(ea) providing funding for energy services for low-income households.
Amendment 318 #
2011/0172(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) Member States should create corresponding support programmes so that low-income tenants do not have to shoulder the costs of measures to improve energy efficiency in buildings.
Amendment 324 #
2011/0172(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. No later than 6 months after the entry into force of this Directive, the Commission shall adopt a decision to reduce the number of allowances pursuant to Article 9 of Directive 2003/87/EC by 1.4bn allowances so as to maintain the incentives for investment in energy efficiency measures and low carbon technologies and the level of ambition envisaged in Directive 2003/87/EC.
Amendment 354 #
2011/0172(COD)
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22a - Amendments to Directive 2003/87/EC In Article 9 of Directive 2003/87/EC the following paragraph shall be added after the second paragraph : ‘From 2014 onwards the linear reduction factor shall be 2.25%.’
Amendment 355 #
2011/0172(COD)
Proposal for a directive
Annex -1 (new)
Annex -1 (new)
Amendment 22 #
2011/0092(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2003/96/EC obliges Member States to exempt from taxation fuel used for navigation in Community waters as well as electricity produced on board a craft, including while at berth in a port. Moreover, Member States may extend this favourable tax treatment to inland waterways. In some harbours a cleaner alternative exists with the use of shore-side electricity which, however, is taxable. In order to set a first incentive for the development and application of this technologyavoid the production of fuel-based electricity on board a craft while at berth, and the connected local air pollution, pending the adoption of a more comprehensive framework in the matter, Member States should exempt the use of shore-side electricity by ships while at berth in a sea or an inland port from energy taxation. This exemption should apply during a period long enough in order not to discourage port operators from making the necessary investments but at the same time be time-limited in such a way that its maintenance, in full or in part, is made subject to a new decision in due time.
Amendment 26 #
2011/0092(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to promote the use of inland waterways Member States should be able to continue to apply a favourable tax treatment to them.
Amendment 35 #
2011/0092(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a – point iii
Article 1 – paragraph 1 – point 11 – point a – point iii
Directive 2003/96/EC
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) until 31 December 2020, electricity directly provided to vessels berthed in sea and inland ports.
Amendment 48 #
2011/0092(CNS)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) This Directive is intended to facilitate the over-arching goals of the Union's energy and climate policies. The introduction of the aviation sector into the EU Emission Trading Scheme through Directive 2008/101/EC is a reflection of the ambition to reduce greenhouse gas emissions from this sector. In the event that, by 31 December 2011, no international agreement has been reached that includes maritime emissions and contains ambitious reduction targets, the Commission should make a proposal to include such emissions within the Union's greenhouse gas reduction commitment. Taxing energy products used in aviation and maritime activities in the same manner as other energy products is essential for the energy independence of the Union and as an incentive for energy efficiency.
Amendment 51 #
2011/0092(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19 a) In line with the Union's climate change and environmental objectives, it is necessary to dispense with the obligation for Member States to exempt from taxation fuel used for the purpose of air and maritime navigation. Ending this obligation should help to create a level playing field for different modes of transport, broadening the tax base and complying more fully with the principle of subsidiarity. The requirement to enter into bilateral agreements with other Member States in order to be able to waive these exemptions should also be dispensed with, as it constitutes an overly cumbersome procedure. Instead, Member States should be given the possibility of taxing fuel used for the purpose of air and maritime navigation. Member States should refrain from applying such taxes in ways that conflict with international obligations until international legal barriers have been removed. Where Member States decide to tax energy products used in Union air or sea navigation, this should, where feasible, be done in ways that do not result in “tankering”.
Amendment 55 #
2011/0092(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Every fivthree years and for the first time by the end of 2015, the Commission should report to the Council on the application of this Directive, examining in particular the minimum level of CO2- related taxation in the light of the evolution of the market price in the EU of the emission allowances, the impact of innovation and technological developments and the justification for the tax exemptions and reductions laid down in this Directive, including for fuel used for the purpose of air and maritime navigation. This report should include an overview of existing taxation provisions contained in bilateral air service agreements. The list of sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage shall be the subject of regular review, in particular taking into account the availability of emerging evidence.
Amendment 73 #
2011/0092(CNS)
Proposal for a directiveArticle 1 – paragraph 1 – point 11 – point (a) (ii) Directive 2003/96/EC
Article 14 – paragraph 1 - point (a)
Article 14 – paragraph 1 - point (a)
ii) in point (a), the second sentence is replaced by the following: is deleted.
Amendment 84 #
2011/0092(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c a (new)
Article 1 – paragraph 1 – point 17 – point c a (new)
Directive 2003/96/EG
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
c a) No later than six months after the adoption of this Directive, the Commission shall report to the European Parliament and to the Council on the pre- conditions for some or all Member States to switch to a system in which transport fuels are taxed according to the fuel used, irrespective of where filling takes place. The report shall be accompanied, where appropriate, by proposals for amendments of Union legislation and shall include comprehensive assessments of the impact on fiscal subsidiarity, greenhouse gas emissions, energy independence and economic growth."
Amendment 85 #
2011/0092(CNS)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) This Directive is intended to facilitate the over-arching goals of the Union's energy and climate policies. The introduction of the aviation sector into the EU Emission Trading Scheme through Directive 2008/101/EC is a reflection of the ambition to reduce greenhouse gas emissions from this sector. In the event that, by 31 December 2011, no international agreement has been reached that includes international maritime emissions and contains ambitious reduction targets, the Commission should make a proposal to include such emissions within the Union's greenhouse gas reduction commitment. Taxing energy products used in aviation and maritime activities in the same manner as other energy products is essential for the energy independence of the Union and as an incentive for energy efficiency. Steps must be taken to ensure that the application of these taxation measures will not be paid for by consumers, i.e. that the cost will not be passed on to them.
Amendment 87 #
2011/0092(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/96/EG
Artikel 29 – Unterabsatz 2
Artikel 29 – Unterabsatz 2
The report by the Commission shall, inter alia, examine the minimum level of CO2- related taxation, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport and the justification for the exemptions and reductions, including for fuel used for the purpose of air and maritime navigation, laid down in this Directive. This report should include an overview of existing taxation provisions contained in bilateral air transport agreements. The report shall take into account the proper functioning of the internal market, the real value of the minimum levels of taxation and the wider objectives of the Treaty.
Amendment 99 #
2011/0092(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Every five years and for the first time by the end of 2015, the Commission should report to the Council on the application of this Directive, examining in particular the minimum level of CO2-related taxation in the light of the evolution of the market price in the EU of the emission allowances, the impact of innovation and technological developments and the justification for the tax exemptions and reductions laid down in this Directive, including for fuel used for the purpose of air and maritime navigation. This report should include an overview of existing taxation provisions contained in bilateral air service agreements. The list of sectors or sub- sectors deemed to be exposed to a significant risk of carbon leakage shall be the subject of regular review, in particular taking into account the availability of emerging evidence.
Amendment 160 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a – point ii a (new)
Article 1 – point 11 – point a – point ii a (new)
Directive 2003/96/EC
Article 14 – paragraph 1 – points b and c
Article 14 – paragraph 1 – points b and c
(iia) points (b) and (c) are deleted.
Amendment 168 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a a (new)
Article 1 – point 11 – point a a (new)
Directive 2003/96/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(aa) Paragraph 2 is deleted.
Amendment 209 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2003/96/EC
Article 29 – paragraph 2
Article 29 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum level of CO2- related taxation, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport and the justification for the exemptions and reductions, including for fuel used for the purpose of air and maritime navigation, laid down in this Directive. The report shall also include an overview of existing taxation provisions contained in bilateral air service agreements. The report shall take into account the proper functioning of the internal market, the real value of the minimum levels of taxation and the wider objectives of the Treaty.
Amendment 7 #
2010/2235(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas lorry blind spots represent a lethal hazard for cyclists and pedestrians,
Amendment 8 #
2010/2235(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas light commercial vehicles are disproportionately frequently involved in serious accidents on motorways, as a result of excessive speed,
Amendment 92 #
2010/2235(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls for an obligatory eye test for all drivers of category A and B every 10 years and for drivers, older then 65 years, every 5 years; calls for an obligatory medical check for all drivers, older then 80 years, to identify physical and mental ability to continue driving;
Amendment 127 #
2010/2235(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls for an EU-wide harmonised blood alcohol limit, which should be at 0 ‰ blood alcohol limit in the first 2 years for novice drivers and 0,2 BAC limit for professional drivers at all time;
Amendment 150 #
2010/2235(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to make the award of EU funding for infrastructure measures contingent on the investment of a given percentage of that funding in bicycle-friendly infrastructure measures;
Amendment 208 #
2010/2235(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls for the introduction of speed restrictors for light commercial vehicles;
Amendment 227 #
2010/2235(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls on the Commission to draw up a proposal on the fitting of heavy goods vehicles with technical systems designed to prevent accidents involving cyclists and pedestrians who find themselves in the driver’s blind spot;
Amendment 1 #
2010/2154(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the use of security scanners represents a severe intrusion into passenger privacy that violates the personal rights and dignity of passengers; whereas this technology reveals information which is subject to medical confidentiality,
Amendment 2 #
2010/2154(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas security scanners only scan the surface of the body and do not reveal objects hidden between body folds or inside the body,
Amendment 3 #
2010/2154(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a number of Member States are currently using security scanners on a temporary basis - for a maximum of 30 months - at their airports, thereby exercising their right to conduct trials with new technologiesnew technologies aiming to assess in an experimental and temporary basis new methodologies concerning security scanners at their airports, thereby exercising these trials under a European Commission supervision, who has to be informed in advance and can authorise the Member States wishing to use new methodologies for a maximum period of 18 months, possibly extended to 12 additional months if adequate justification is provided by the concerned Member State (Chapter 12.8 of the annex to Commission Regulation (EU) No 185/2010),
Amendment 4 #
2010/2154(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas air travel security measures are also used in other places such as stations, museums or public libraries; whereas people would face more of the inconveniences and dangers of security scanners in their daily lives, if these were to be introduced for air travel;
Amendment 5 #
2010/2154(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the use of body scanners represents a severe intrusion into passenger privacy; states that this technology reveals information which is subject to medical confidentiality;
Amendment 6 #
2010/2154(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that the protection of personal data cannot be guaranteed at all times or in all respects;
Amendment 6 #
2010/2154(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Member States are entitled to apply more stringent measures than the common basic standards required by European legislation and may thus introduce security scanners on their territory; whereas, in this case, they must act on the basis of a risk assessment and in compliance with EU law; whereas these measures must be relevant, objective, non- discriminatory and proportional to the risk that is being addressed (Article 6 of Regulation (EC) No 300/2008),
Amendment 8 #
2010/2154(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the eventual introduction of security scanners on a voluntary and experimental basis by the Member States in either of the above two cases makes genuine one- stop security impossible; whereas if the present situation continues the operating conditions that apply to the Member States will not be uniform and will therefore not benefit passengers,
Amendment 12 #
2010/2154(INI)
Motion for a resolution
Recital F
Recital F
F. whereas health represents an asset to be preserved and exposure to ionising radiation from certain types of scanners, such as thosesecurity scanners needs to be analysed; whereas scanners emitting X- rays with cumulative effects, needs to be analysed; whereasand thius representsing a risk that should be avoided, should therefore be rejected,
Amendment 14 #
2010/2154(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas 100% aviation security cannot be guaranteed,
Amendment 16 #
2010/2154(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas preference should be given when using security scanners to systems that only produce images in the style of stick figures or mannequins,
Amendment 17 #
2010/2154(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Proposes, as the most suionly acceptable solution, active millimetre wave imaging systems using non-ionising radiation, which is not considered harmful if exposure remains below the limit values laid down in existing legislation in order to prevent possible harm to health, passive millimetre wave imaging systems using no radiation at all;
Amendment 17 #
2010/2154(INI)
Motion for a resolution
Recital I
Recital I
I. whereas concerns over the rights to privacy, freedom of thought, conscience and religion, non-discrimination and data protection cannot be duly guaranteed where security scanners are used properly,
Amendment 22 #
2010/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the technology based on backscatter x-ray scanning emits a low dose of X-rays. Clearly, any exposure to ionising radiation, however low, may have long-term effects on health due to the cumulative effect of radiation. It is tTherefore proposed that we avoid this technology, or at least ensure that all exposures are as low as possible for workers and passengersrejects the use of this technology;
Amendment 25 #
2010/2154(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas good working conditions and secure standard employment contracts have a positive effect on the quality of security checks; whereas most airport operators in the EU get outside companies to carry out security checks in order to save on wage costs,
Amendment 26 #
2010/2154(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the protection of personal data cannot be guaranteed at all times and in all respects;
Amendment 27 #
2010/2154(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 40 #
2010/2154(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and Member States to ensure that airport operators only employ their own staff on secure standard employment contracts to conduct security checks, so that no outside companies may be used for this key sector of air safety;
Amendment 45 #
2010/2154(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to propose addingnot to include security scanners toin the list of authorised screening methods, together with appropriate rules for their use, as set out in this resolution;
Amendment 54 #
2010/2154(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the eventual decision on the use of security scanners must be based on common rules that not only lay down detection performance but also impose the necessary safeguards to protect the health and fundamental rights of passengers and workers;
Amendment 62 #
2010/2154(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Proposes, more specifically, that the Commission should revise the rules on the use of security scanners to ensure that the provisions on the protection of health, privacy, personal data and fundamental rights are adapted to technological progress;
Amendment 66 #
2010/2154(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the escalating terrorist threat means that public authorities must take the protective and preventive measures demanded by democratic societies;
Amendment 71 #
2010/2154(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that, even though 100% aviation security cannot be guaranteed, and the detection performance of security scanners is higher thansimilar to that offered by current metal detectors, particularly with regard to non- metallic objects and liquids, whilst frisking (full hand-search) causes more irritation and is more likely to be rejected than a scanner;
Amendment 77 #
2010/2154(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that the eventual use of security scanners does not negatively affect the overall level of security being attained as stated in annex 12.8.1 (b) of Regulation 185/2010, thus not goingo beyond what is necessary to achieve theis objective of a high level of security, provided that the appropriate safeguards are guaranteed and taking into account that less demanding methods would not provide a similar degree of protection;
Amendment 82 #
2010/2154(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that concerns and demands regarding privacy and health cannot be resolved with the technology and methods available; considers that the technology now being developed is promising and that the best available technology should be ussimilarly flawed;
Amendment 86 #
2010/2154(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that the installation of security scanners, or the decision not to install them, falls within the responsibility and freedom of decision of the EU Member States, taking into account the Regulation 185/2010 provisions concerning the European Commission right of assessment and authorisation of introducing new technologies as stated in annex 12.8;
Amendment 92 #
2010/2154(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that passengers should be given a choice in using security scanners whereby, if they refuse, they would be obliged to submit to alternative screening methods that guarantee security to at least the same levels of effectiveness as security scanners;
Amendment 104 #
2010/2154(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that exposure to doses of ionising radiation above the recommended annual limits, taking into account that no minimum safe threshold of human exposure to doses of ionising radiation is set by the WHO, new technologies using ionising radiation cannot be acceptable; believes, therefore, that X-ray transmission imaging should not be used in systematic security screening;
Amendment 106 #
2010/2154(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that the technology based on backscatter x-ray scanning emits a low dose of X-rays; notes that clearly any exposure to ionising radiation, however low, may have long-term effects on health due to the cumulative effect of radiation; rejects therefore the use of this technology;
Amendment 109 #
2010/2154(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Proposes, as the only acceptable solution in order to prevent possible harm to health, passive millimetre wave imaging systems using no radiation at all;
Amendment 123 #
2010/2154(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such protection can be bestter achieved when a standard partial figure is used, and that the use of body images should be permitted only with the appropriate guarantees and on anis banned without exceptional basis;
Amendment 134 #
2010/2154(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that images should not be stored for longer than is necessary to ensure aviation security, that they should be destroyed once they are no longer necessary for the intended purposes, and that theyand should not be used for purposes other than to detect prohibited objects;
Amendment 165 #
2010/2154(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission, in conjunction with the Member States, to draw up a code of conduct on the use of security scanners which requires airports to only carry out scanning in such a way as to respect passengers’ fundamental rights, privacy, intimacy and data protection;
Amendment 166 #
2010/2154(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls on the Commission and the Member States to ensure providing adequate information to all users on the eventual introduction of new technologies concerning security scanner by the same large dissemination measures as applied to the Chart of Passenger rights if a decision is undertaken;
Amendment 174 #
2010/2154(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Urges the Member States, in coordination with airports, to carry out an appropriate information campaign on passengers' rights as the one carried on the information on the Chart of Passenger Rights; calls on the Commission to cooperate as far as possible in this information work;
Amendment 187 #
2010/2154(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Asks the Commission to ensure that the security programme takes account of the specific characteristics of all the players affected and reconciles security measures relating to the exchange of mail and cargo with the need to ensure a dynamic economy that continues to encourage trade, service quality and the development of e-commerce;
Amendment 7 #
2010/2107(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that proper implementation of the Ecodesign Directive is a key priority, and reiterates that the directive already provides for implementing measures with regard to 12 groups of products by 2007; insists that Commission and Member States must improve the market surveillance to insure compliance especially with imported products and asks Commission and Member States to improve the Communication about the measures.
Amendment 10 #
2010/2107(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notwithstanding the proper implementation of the Ecodesign directive, underlines that further gains in energy efficiency can be best achieved for some specific sectors by the use of integrative systems. The Commission is called upon to study these possibilities in detail and to come forward with appropriate legislative tools that will allow for the implementation of a different approach that addresses the energy efficiency at system level rather than only at product level.
Amendment 39 #
2010/2107(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Asks for the creation of energy efficiency funds in each Member State, or as an alternative, the creation of a European energy efficiency funds. The sum of the funds, or the European fund, should amount to at least 2 billion Euro a year.
Amendment 40 #
2010/2107(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
Amendment 84 #
2010/0816(NLE)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Binding agreements should be made with regard to access for Members of all political groups of European Parliament to classified documents and information in the area of CFSP and ESDP.
Amendment 86 #
2010/0816(NLE)
Proposal for a decision
Recital 6
Recital 6
Amendment 88 #
2010/0816(NLE)
Proposal for a decision
Recital 7
Recital 7
(7) Provisions should be adopted relating to the staff of the EEAS and their recruitment. For matters relating to its staff the EEAS should be treated as an institution within the meaning of the Staff Regulations. In accordance with Article 27(3) of the TEU, the EEAS will comprise officials from the General Secretariat of the Council and the Commission as well as personnel seconded from the diplomatic services of the Member States. The High Representative will be the Appointing Authority, in relation both to officials subject to the Staff Regulations of Officials of the European Communities ("Staff Regulations") and agents subject to the Conditions of Employment of Other Servants. The High Representative will also have authority over the Seconded National Experts ("SNEs") in post in the EEAS. The number of officials and servants of the EEAS will be decided each year as part of the budgetary procedure and will be reflected in the establishment plan.
Amendment 94 #
2010/0816(NLE)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) The establishment of the EEAS and its implementation shall not lead to any additional costs, neither within the EU budget nor within the national budgets.
Amendment 95 #
2010/0816(NLE)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. .The EEAS, which has its headquarters in Brussels, shall be a functionally autonomous body of the European Union, separate from the Commission and the General Secretariat of the Council, with the legal capacity necessary to perform its tasks and attain its objectivesnot be a sui generis institution.
Amendment 100 #
2010/0816(NLE)
Proposal for a decision
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The parliamentary control concerning the EEAS has to be entirely ensured. Therefore the European Parliament's right of scrutiny must be guaranteed to its full extent. This has to be assured for the national parliaments as well, especially in terms of the CSFP and ESDP.
Amendment 106 #
2010/0816(NLE)
Proposal for a decision – amending act
Article 4 – paragraph 3 – indent 2
Article 4 – paragraph 3 – indent 2
- a directorate general for administrative, staffing, budgetary, security and communication and information system matters under the direct authority of the Secretary-General;
Amendment 107 #
2010/0816(NLE)
Proposal for a decision – amending act
Article 4 – paragraph 3 – indent 3
Article 4 – paragraph 3 – indent 3
Amendment 116 #
2010/0816(NLE)
Proposal for a decision – amending act
Article 5 – paragraph 10
Article 5 – paragraph 10
10. The Union delegations shall have the capacity to, upon request by Member States, support the Member States in their diplomatic relations and in their role of providing consular protection to Union citizens in third countries.
Amendment 119 #
2010/0816(NLE)
Proposal for a decision – amending act
Article 6 – paragraph 1 (b)
Article 6 – paragraph 1 (b)
(b) if necessary, and on a temporary basis, specialised seconded national experts (SNEs)The establishment and the implementation of the EEAS shall not include any additional posts.
Amendment 128 #
2010/0816(NLE)
Proposal for a decision
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 130 #
2010/0816(NLE)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the framework of the management of EU external cooperation programmes, which remain under the responsibility of the Commission, the High Representative and the EEAS shall contribute to the programming and management cycle for the following geographic and thematicThe planning, programming, management and implementation of operational expenditure of all financing instruments, on the basis of the policy objectives set out in the said instruments:f EU external action, namely - the Development Cooperation Instrument, - the European Development Fund, - the European Instrument for Democracy and Human Rights, - the European Neighbourhood and Partnership Instrument, - the Instrument for Cooperation with Industrialised Countries, - the Instrument for Nuclear Safety Cooperation. - the Instrument for humanitarian aid shall not be transferred to the EEAS. The European Parliament must have the full budgetary and parliamentary control over these instruments.
Amendment 133 #
2010/0816(NLE)
Proposal for a decision
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 134 #
2010/0816(NLE)
Proposal for a decision
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 136 #
2010/0816(NLE)
Proposal for a decision
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 142 #
2010/0816(NLE)
Proposal for a decision
Annex – paragraph 1 (new)
Annex – paragraph 1 (new)
1. General Secretariat of the Council 1.The military structures of the EU, located in the General Secretariat of the Council, as well as the civilian-military structures such as the European Union Military Staff, the European Defence Agency (EDA), the Crisis Management Planning Directorate (CMPD) and the European Union Satellite Centre (EUSC), shall neither be part of the EEAS nor institutionally connected to it. Furthermore the EU intelligence structures in particular the EU Situation Centre (SitCen) shall not be part of the EEAS. The European Parliament calls on the Council to stop the development of and abolish all military and civil-military structures under its competence, as well as stop the financing of military and civil- military activities.
Amendment 69 #
2010/0377(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 70 #
2010/0377(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) military establishments, installations or storage facilities unless they are owned and directly managed by the competent military authorities of the Member States;
Amendment 72 #
2010/0377(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) the transport of dangerous substances and intermediate temporary storage by road, rail, internal waterways, sea or air, outside the establishments covered by this Directive, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards;
Amendment 80 #
2010/0377(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) the transport of dangerous substances in pipelines, including pumping stations, outside establishments covered by this Directive, of at least 800mm in diameter;
Amendment 87 #
2010/0377(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 103 #
2010/0377(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘dangerous substance’ means a substance or mixture listed in Part 1 or Part 2 of Annex I and present as a raw material, product, by-product, residue or isolated and non-isolated intermediate, including those substances which it is reasonable to suppose may be generated in the event of accident;
Amendment 112 #
2010/0377(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 119 #
2010/0377(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 141 #
2010/0377(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The major-accident prevention policy (MAPP) shall include a management system of safety issues in accordance with the provisions as indicated in Annex III.
Amendment 142 #
2010/0377(COD)
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. The MAPP to be drawn up in accordance with the information set out in Annex III shall include the inventory of dangerous substances.
Amendment 159 #
2010/0377(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1 a (new)
Article 9 – paragraph 5 – subparagraph 1 a (new)
The operator shall review and, where necessary, update the safety report following a major accident.
Amendment 190 #
2010/0377(COD)
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
For upper-tier and lower-tier establishments, Member States shall also ensure that:
Amendment 193 #
2010/0377(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
c) the inventory of dangerous substances is made available to the public concerned upon request subject to Article 21(3). in a specific part of the inventory provided for in the CLP Regulation.
Amendment 206 #
2010/0377(COD)
Proposal for a directive
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) the inspection reports provided by the competent authorities within four months after the conclusion of the inspection.
Amendment 217 #
2010/0377(COD)
Proposal for a directive
Article 15 – paragraph 2 – point d a (new)
Article 15 – paragraph 2 – point d a (new)
(da) inform the public concerned on the relevant accident and on the measures undertaken by the operator and initiatives held by the competent authority.
Amendment 242 #
2010/0377(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
Access to the complete information referred to in Article 13(2)(b) and (c) obtained by the competent authorities may be refused if the operator has requested not to disclose certain parts of the safety report or the inventory of dangerous substances for the reasons provided for in points (b), (d), (e) or (f) of Article 4(2) of Directive 2003/4/EC.
Amendment 243 #
2010/0377(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 a (new)
Article 21 – paragraph 3 – subparagraph 1 a (new)
The competent authority shall decide giving its opinion on the operator's request of confidentiality.
Amendment 257 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H1 – Column 1
Annex I – Part 1 – Table – Section 'H' – row H1 – Column 1
H1 ACUTE TOXIC Category 1, all exposure routes ACUTE TOXIC Category 2, dermal and inhalation exposure routes (dust and mists, vapour)
Amendment 258 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H2– Column 1
Annex I – Part 1 – Table – Section 'H' – row H2– Column 1
H2 ACUTE TOXIC - Category 2, allother exposure routes (gas) - Category 3, dermal and inhalationall exposure routes (see note 7)
Amendment 262 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H3
Annex I – Part 1 – Table – Section 'H' – row H3
H3 STOT SPECIFIC TARGET ORGAN TOXICITY – 50 200 SINGLE EXPOSURE STOT Category 1
Amendment 265 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H3 a (new)
Annex I – Part 1 – Table – Section 'H' – row H3 a (new)
H3a STOT SPECIFIC TARGET ORGAN TOXICITY – 50 200 REPEATED EXPOSURE STOT Category 1
Amendment 266 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H3 b (new)
Annex I – Part 1 – Table – Section 'H' – row H3 b (new)
H3b CARCINOGENS 0,5 2 Category 1A CARCINOGENS 5 20 Category 1B
Amendment 268 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'P'– row P3a
Annex I – Part 1 – Table – Section 'P'– row P3a
Amendment 274 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'E'
Annex I – Part 1 – Table – Section 'E'
Section ‘E’ – ENVIRONMENTAL HAZARDS E1 Hazardous to the Aquatic Environment in Category 1005 200 Acute 1 or Chronic 1 E2 Hazardous to the Aquatic Environment in Category 2050 5 200 Chronic 2
Amendment 277 #
2010/0377(COD)
Proposal for a directive
Annex I – Part 1 – Table – Section 'O'– row O3a (new)
Annex I – Part 1 – Table – Section 'O'– row O3a (new)
O3a (new) Chemicals included in Annex XIV of the REACH 5 20 Regulation but not included in other parts of this annex
Amendment 289 #
2010/0377(COD)
Proposal for a directive
Notes to Annex I – paragraph 3 – introductory part
Notes to Annex I – paragraph 3 – introductory part
3. The qualifying quantities set out below relate to each establishment. When a group of establishments are in the condition of a domino effect (art.8.1) the quantities set out below relate to the sum of all establishments
Amendment 290 #
2010/0377(COD)
Proposal for a directive
Notes to Annex I – paragraph 3 - subparagraph 2
Notes to Annex I – paragraph 3 - subparagraph 2
The quantities to be considered for the application of the relevant Articles are the maximum quantities which are present or are likely to be present at any one time included the installed or authorized temporary or permanent storage capacity. Dangerous substances present at an establishment only in quantities equal to or less than 2 % of the relevant qualifying quantity shall be ignored for the purposes of calculating the total quantity present if their location within an establishment is such that it cannot act as an initiator of a major accident elsewhere on the site.
Amendment 292 #
2010/0377(COD)
Proposal for a directive
Notes to Annex I – paragraph 3 a (new)
Notes to Annex I – paragraph 3 a (new)
3a. Concerning the pipelines outside the establishment border the lower and upper thresholds are referred to the annual transport average. For the permanent or intermediate storage sites the reference quantity to be considered is the maximum storable quantity or that deliverable within two working days.
Amendment 293 #
2010/0377(COD)
Proposal for a directive
Notes to Annex I – paragraph 4 – point a
Notes to Annex I – paragraph 4 – point a
(a) for the addition of substances and mixtures named in Part 2 that are classified as acute toxicity category 1,2 or 3, together with substances and mixtures falling into section H: H1 to H36.
Amendment 297 #
2010/0377(COD)
Proposal for a directive
Notes to Annex I – paragraph 7
Notes to Annex I – paragraph 7
Amendment 304 #
2010/0377(COD)
Proposal for a directive
Annex II – paragraph 3 – point b
Annex II – paragraph 3 – point b
(b) description of processes, in particular the operating methods, including the equipment characteristics and chemical- physical process parameters;
Amendment 328 #
2010/0377(COD)
Proposal for a directive
Annex VI – Part I - point 1
Annex VI – Part I - point 1
Any fire or explosion or accidental discharge of a dangerous substance involving a quantity of at least 1 % of the qualifying quantity laid down in column 32 of Annex I.
Amendment 329 #
Amendment 330 #
2010/0377(COD)
Proposal for a directive
Annex VII – heading 1
Annex VII – heading 1
Amendment 13 #
2010/0306(NLE)
Proposal for a directive
Recital 25
Recital 25
(25) The operation of nuclear reactors also generates spent fuel. Each Member State may define its fuel cycle policy considering spent fuel as a valuable resource that may be reprocessed, or deciding to. Spent fuel should be disposed of it as waste. Whatever option is chosen, the disposal of high level waste, separated at reprocessing, or of spent fuel regarded as waste should be consideredas high level waste.
Amendment 18 #
2010/0306(NLE)
Proposal for a directive
Recital 27
Recital 27
(27) Radioactive waste, including spent fuel considered as waste, requires, requires appropriate conditioning, containment and isolation from humans and the living environment over the long term. Its specific nature (content of radionuclides) requires arrangements to protect human health and the environment against dangers arising from ionizing radiation, including disposal in appropriate facilities as the end point of its management. The storage of radioactive waste, including long-term storage, is an interim solution but not an alternative to disposal.
Amendment 24 #
2010/0306(NLE)
Proposal for a directive
Recital 29
Recital 29
(29) The typical dDisposal concepts for short lived low and intermediate level waste is near surface disposalvary from near surface disposal (in buildings, shallow burial or burial down to a few tens of metres below the surface) to state- of-the-art disposal in geologic repositories 70-100 m underground. Following 30 years of research, it is broadly accepted at the technical levelassumed by nuclear interests that deep geological disposal represents the safest and most sustainablemost economic option as the end point of the management of high level radioactive waste, and spent fuel considered as waste. Thus moving towards implementation of disposallthough other options like engineered storage facilities on or near-surface, dry-rock disposition or disposal in deep bore-holes (3000-5000 meter deep) are also under investigation. If the safety cases of the proposed methods for deep geological disposal can be assured, a move towards implementation of disposal could be considered. Research in other options should be pursuencouraged.
Amendment 29 #
2010/0306(NLE)
Proposal for a directive
Recital 31
Recital 31
(31) For the responsible management of spent fuel and radioactive waste, each Member State should establish a national framework which assurguarantees political commitments and stepwise decision making in keeping with the Aarhus Convention, implemented through adequate legislation, regulation and organisation with a clear allocation of responsibilities.
Amendment 30 #
2010/0306(NLE)
Proposal for a directive
Recital 33
Recital 33
(33) A national programme should be established to ensure the transposition of the political decisions into clear provisions for the timely implementation of all steps of spent fuel and radioactive waste management from generation to disposal. This should include all activities that relate to handling, pre-treatment, treatment, conditioning, storage, and disposal of radioactive waste and spent fuel and comply with the principles laid down in the Aarhus Convention. The national programme may be a reference document or a set of documents.
Amendment 33 #
2010/0306(NLE)
Proposal for a directive
Recital 35
Recital 35
(35) Transparency is important in the management of spent fuel and radioactive waste. It should be provided by requiring effective public information and opportunities for all concerned stakeholders to participate in the decision- making processehe Aarhus Convention should be respected in connection with the management of spent fuel and radioactive waste. This entails guaranteeing the public and all concerned stakeholders access to all information concerning disposal and stipulating that the public and all concerned stakeholders must be involved at an early stage in the decision- making processes. Should access to information be denied in connection with decisions covered by the public participation requirement, and in general in the event of breaches of environmental law, any natural or legal person shall have the right to object and to bring legal proceedings.
Amendment 34 #
2010/0306(NLE)
Proposal for a directive
Recital 37
Recital 37
Amendment 35 #
2010/0306(NLE)
Proposal for a directive
Recital 37
Recital 37
(37) Some Member States consider that the sharing of facilities for spent fuel and radioactive waste management, including storage and/or disposal facilities, is a potentially beneficial option when based on an agreement between Member States concerned. Shared final storage and/or disposal may only be considered for small amounts of radioactive waste from medical use or industrial operations. Radioactive waste from energy generation or military activities as well as from research for energy generation or military applications is prohibited to be emplaced in shared final storage and/or disposal facilities.
Amendment 41 #
2010/0306(NLE)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) It ensures that Member States provide for appropriate national arrangements for athe highest level of safety in spent fuel and radioactive waste management to protect workers and the general public against the dangers arising from ionizing radiation.
Amendment 44 #
2010/0306(NLE)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
(3) It maintains and promotkes public information and participation with regard to spent fuel and radioactive waste management mandatory.
Amendment 45 #
2010/0306(NLE)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) all stages of spent fuel management when the spent fuel results from the operation of civilian nuclear reactors or is managed within civilian or military activities;
Amendment 48 #
2010/0306(NLE)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) all stages of radioactive waste management, from generation up to disposal, when the radioactive waste results from civilian or military activities or is managed within civilian or military activities;
Amendment 51 #
2010/0306(NLE)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) Waste from extractive industries which may be radioactive and falls within the scope of Directive 2006/21/EC shall notlikewise be subject to this Directive.
Amendment 54 #
2010/0306(NLE)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
(3) This Directive shall not apply to authorised releasesalso covers authorized releases, especially concerning safety, environmental and health impacts and regulatory. Authorisation should be periodically reviewed by the responsible authority and if necessary updated.
Amendment 55 #
2010/0306(NLE)
Proposal for a directive
Article 3 – point 3
Article 3 – point 3
(6) ‘radioactive waste’ means any radioactive material in gaseous, liquid or solid form for which no further use is foreseen by the Member State or by a natural or legal person whose decision is accepted by the Member State, and which is controlled as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State;
Amendment 59 #
2010/0306(NLE)
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
(7) ‘radioactive waste management’ means all activities, that relate to handling, pretreatment, treatment, conditioning, storage, or disposal of radioactive waste, exincluding off-site transportation;
Amendment 60 #
2010/0306(NLE)
Proposal for a directive
Article 3 – point 9
Article 3 – point 9
Amendment 61 #
2010/0306(NLE)
Proposal for a directive
Article 3 – point 10
Article 3 – point 10
(10) ‘spent fuel’ means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as a usable resource that can be reprocessed or be destined for disposal if regarded as radioactive wasteshall be regarded as radioactive waste and earmarked for disposal;
Amendment 63 #
2010/0306(NLE)
Proposal for a directive
Article 3 – point 11
Article 3 – point 11
(11) ‘spent fuel management’ means all activities that relates to the handling, storage, reprocessing, or disposal of spent fuel, exincluding off-site transportation;
Amendment 65 #
2010/0306(NLE)
Proposal for a directive
Article 3 – point 13
Article 3 – point 13
(13) ‘storage’ means the holding of spent fuel or of radioactive waste in an authorised facility with the intention or the possibility of retrieval.;
Amendment 68 #
2010/0306(NLE)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the generation of radioactive waste is kept to the minimum practicable, in terms of both activity and volume, by means of appropriate design measures and of operating and decommissioning practicesthe use of alternatives where economically, socially and environmentally sustainable alternatives exist, including recycle and reuse of conventional materials;
Amendment 70 #
2010/0306(NLE)
Proposal for a directive
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) the public and all interest groups concerned have access to all information concerning disposal, the public and all interest groups concerned are involved in decision-making processes on a mandatory basis at an early stage and if access to information is denied in relation to decisions where public participation is provided for, and generally in connection with violations of environmental provisions, any natural or legal person has the right of objection and to bring legal proceedings;
Amendment 72 #
2010/0306(NLE)
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the disposal reserves which the originators of the waste have to provide so as to cover costs are administered in a State-controlled fund, in order to ensure that they are available for permanent safe disposal.
Amendment 76 #
2010/0306(NLE)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
(3) Radioactive waste shall be disposed of in the Member State in which it was generated, unless for small amounts agreements are concluded between Member States to use storage or disposal facilities in one of them. These agreements prohibit to license the shared final storage and/or disposal of radioactive waste and spent fuel from energy generation or military activities as well as from research for energy generation or military applications.
Amendment 80 #
2010/0306(NLE)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) national requirements for the safety and environmentally sound disposal of spent fuel and radioactive waste management;
Amendment 81 #
2010/0306(NLE)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) a system of appropriatcomprehensive institutional control, regulatory inspections, documentation and reporting;
Amendment 83 #
2010/0306(NLE)
Proposal for a directive
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) access for the public and all interest groups concerned to all information concerning disposal, early participation by the public and all interest groups concerned in decision-making processes and, if access to information is denied in relation to decisions where public participation is provided for, and generally in connection with violations of environmental provisions, a right for any natural or legal person to object and to bring legal proceedings;
Amendment 85 #
2010/0306(NLE)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Member States shall ensure that the national framework is maintained and improved as necessary, taking into account operating experience, insights gained from safety cases as referred to in Article 8, the development ofbest available technology (BAT) and the results of research.
Amendment 91 #
2010/0306(NLE)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Marking and documentation Member States shall ensure that licence- holders mark containers and document the disposal of spent fuel and radioactive waste in a form not subject to weathering. The documentation shall comprise both the chemical, toxic and radiological composition of the inventory and an indication of whether it is solid, liquid or gaseous.
Amendment 93 #
2010/0306(NLE)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) Member States shall ensure that the national framework requires licence holders, under the supervision of the competent regulatory authority, to regularly assess and verify, and continuously improve, as far as reasonably achievable, the safety of their activities and facilities in a systematic and verifiable manner in compliance with the best available technology (BAT).
Amendment 95 #
2010/0306(NLE)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) The assessments referred to in paragraph 2 shall include verification that measures are in place to prevent accidents and human interference including physical attacks and mitigate the consequences of accidents and human interference, including verification of the physical barriers and the licence holder's administrative procedures for protection that would have to fail before workers and the general public would be significantly affected by ionizing radiation.
Amendment 97 #
2010/0306(NLE)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) Member States shall ensure that the national framework requires licence holders to provide for and maintain adequate financial and human resourcesermanently provide adequate human resources and financial reserves which will cover costs and should be administered in a State-controlled fund, to fulfil their obligations with respect to the safety of spent fuel and radioactive waste management, laid down in paragraphs 1 to 4.
Amendment 98 #
2010/0306(NLE)
Proposal for a directive
Article – paragraph 2
Article – paragraph 2
(2) The safety case and supporting safety assessment shall cover the siting, design, construction, operation, and decommissioning of a facility or operation of a final storage facility or operation and closure of a disposal facility; the safety case shall specify the standards applied for this assessment. The long-term and post- closure safety shall be addressed, in particular how it is ensured by passive means to the fullest extent possible.
Amendment 100 #
2010/0306(NLE)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) The safety case for a facility shall describe all safety-relevant aspects of the site, the design of the facility, the decommissioning of the facility or parts thereof and the managerial control measures and regulatory controls. The safety case and supporting safety assessment shall demonstrate the level of protection provided and shall provide assurance to the competent regulatory authority and other interested parties that safety requirements will be met.
Amendment 102 #
2010/0306(NLE)
Proposal for a directive
Article 10
Article 10
Member States shall ensure that the national framework guarantees that adequate financial resources are available when needed for the management of spent fuel and radioactive waste, taking due account of the responsibility of radioactive waste producers according to the polluter pays principle.
Amendment 103 #
2010/0306(NLE)
Proposal for a directive
Article 10
Article 10
Member States shall ensure that the national framework guarantees that adequate financial resourcerves are available when needed for the management of spent fuel and radioactive waste, taking due account of the responsibility of radioactivwhich must be provided by licence holders in such a way as to cover costs, administered in a State-controlled fund and made available in the long term to guarantee wlaste producers.ing and safe disposal;
Amendment 106 #
Amendment 107 #
2010/0306(NLE)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Member States shall ensure that workers and the general public have access to information on the management of spent fuel and radioactive waste is made available to workers and the general public. This obligation includes ensuring that the competent regulatory authority informs the public in the fields of its competence. Information shall be made available to the public in accordance with national legislation and international obligations, provided that this does not jeopardise other interests recognised inand the building of a facility to dispose of radioactive waste and spent fuel. This obligation includes ensuring that the competent regulatory authority regularly, properly and effectively provides all legal and natural persons, upon request, with up-to-date information on the disposal of radioactive waste and spent fuel. Every Member State shall ensure that the competent regulatory authorities advise all legal or natural persons on how to access information. Information shall be made available to the public in accordance with national legislation orand international obligations such as, inter alia, security.
Amendment 110 #
2010/0306(NLE)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) Member States shall ensure that the public is given opportunities to participate effectively in the process of decision making on spent fuel and radioactive waste management at an early stage, when all options are still open and public participation can be effective.
Amendment 111 #
2010/0306(NLE)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
(2a) The public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public and for the public to prepare and participate effectively during the decision-making.
Amendment 112 #
2010/0306(NLE)
Proposal for a directive
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
(2b) Each Member State shall ensure that in the decision due account is taken of the outcome of the public participation.
Amendment 113 #
2010/0306(NLE)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Review Each Member State shall ensure that each legal or natural person has access to a comprehensive review procedure before a court. In addition, each Member State shall ensure that each legal or natural person has access to administrative or judicial procedures by means of which to contest the actions and omissions of the competent regulatory authorities.
Amendment 116 #
2010/0306(NLE)
Proposal for a directive
Article 14 – point -1 (new)
Article 14 – point -1 (new)
(-1) an integrated, detailed classification system for spent fuel and radioactive waste which covers all stages in disposing of spent fuel and radioactive waste, from production to the completion of disposal;
Amendment 117 #
2010/0306(NLE)
Proposal for a directive
Article 14 – point 1
Article 14 – point 1
(1) on the basis of the classification system provided for in point -1, an inventory of all spent fuel and radioactive waste and previsions of future quantities, including those from decommissioning. The inventory shall clearly indicate the location and amount of the material and, through appropriate classification, the level of hazard;
Amendment 119 #
2010/0306(NLE)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 153 #
2010/0306(NLE)
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
(7) ‘radioactive waste management’ means all activities, that relate to handling, pretreatment, treatment, conditioning, storage, or disposal of radioactive waste, exincluding off-site transportation;
Amendment 177 #
2010/0306(NLE)
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) intermediate storage in spent fuels pools should take place within the containment and should be kept to the shortest time necessary for cooling spent fuels before off-site transportation due to the additional risk potential as proven in Fukushima.
Amendment 180 #
2010/0306(NLE)
Proposal for a directive
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) the disposal financial reserves which the originators of the waste have to provide so as to cover all the costs of from spent fuels und radioactive waste management are administered in a State- controlled fund, in order to ensure that they are available for permanent safe disposal.
Amendment 226 #
2010/0306(NLE)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) Member States shall ensure that the national framework requires licence holders, under the supervision of the competent regulatory authority, to regularly assess and verify, and continuously improve, as far as reasonably achievable, the safety of their activities and facilities in a systematic and verifiable manner in compliance with the best available technology (BAT).
Amendment 238 #
2010/0306(NLE)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) The safety case for a facility shall describe all safety-relevant aspects of the site, the design of the facility, the intermediate storage cooling pools including a regular reporting of the quantity of therein contained spent fuels and the managerial control measures and regulatory controls. The safety case and supporting safety assessment shall demonstrate the level of protection provided and shall provide assurance to the competent regulatory authority and other interested parties that safety requirements will be met.
Amendment 247 #
2010/0306(NLE)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the national framework guarantees that adequate financial resources are available when needed for the management of spent fuel and radioactive waste, taking due account of the responsibility of radioactive waste producers according to the polluter pays principle.
Amendment 258 #
Amendment 260 #
2010/0306(NLE)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Member States shall ensure that information on the management of spent fuel and radioactive waste is made available to workers and the general public. This obligation includes ensuring that the competent regulatory authority informs the public in the fields of its competence. Information shall be made available to the public in accordance with national legislation and international obligations, provided that this does not jeopardise other internotably the Aarhus Convention on Accests recognised in national legislation or international obligations such as, inter alia, securityto Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.
Amendment 265 #
2010/0306(NLE)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) Member States shall ensure that the public is given opportunities to participate effectively in the process of decision making on spent fuel and radioactive waste management at an early stage, when all options are still open and public participation can be effective.
Amendment 286 #
2010/0306(NLE)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 15 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 2
Recital 2
(2) Efficient alternatives to phosphates- based household laundry detergents require small amounts of other phosphorous compounds, namely phosphonates which if used in increasing quantities might be of concern for the environment, particularly the aquatic environment and aquatic sediments, and which should therefore be investigated at the Commission's behest.
Amendment 17 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) It is notEfficient household automatic dishwasher detergents with a limited concentration of phosphorus are currently already available on the market. It is thus appropriate to extend limitations of the use of phosphates and other phosphorous compounds in household laundry detergents to household automatic dishwasher detergents or to industrial and institutional detergents because suitable technically and economically feasible alternatives to the use of phosphates in those detergents are not yet available. Given that technical and economic conditions for the use of phosphates in industrial and institutional detergents differ from those for household use, longer periods of adjustment should be taken into account when introducing limit values in this area.
Amendment 34 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 648/2004
Article 16
Article 16
By 31 December 2014, the Commission shall evaluate, submit a report to the European Parliament and to the Council on the use of phosphate the environmental performance of alternatives to phosphates-based household laundry and automatic dishwasher detergents, particularly in relation to their impact in waste water treatment plants and on ther phosphorous compounds in household automatic dishwasher deterg aquatic environment and aquatic sediments, and, if justified, present a legislative proposal with a view to their gradual phase-out of the use of phosphates and other phosphorus compounds in household laundry and automatic dishwasher detergents or their restriction to specific applications.
Amendment 39 #
2010/0298(COD)
Proposal for a regulation – amending act
Annex
Annex
Regulation (EC) No 648/2004
Annex VIa
Annex VIa
Amendment 30 #
2010/0257(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission Communication on an Integrated Maritime Policy for the European Union - COM(2007) 575 of 10 October 2007, states that the primary objective of the Integrated Maritime Policy is to develop and implement integrated, coherent and environmentally-friendly joined-up decision-making in relation to the oceans, seas, coastal regions and maritime sectors.
Amendment 34 #
2010/0257(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Directive 2008/56/EC of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)1 stresses the suitable measures to comply with "good environmental status" both avoiding deterioration and ensuring that activities carried on do not cause or transfer damage beyond each Member State's waters, and consequently with a regard also to third countries maritime regions ; 1 OJ L 164, 25.6.2008, p. 19.
Amendment 35 #
2010/0257(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Member States' authorities should have implemented the Marine Strategy Framework Directive transmitting a list of protected regions and sub-regions to the Union by 2010, and should commit to providing an initial assessment by 2012 as well as defining good environmental status and stating their coherent environmental objectives taking into account the criteria set out in Annexes I and III to the that Directive, maintaining biodiversity and establishing criteria on pressure and impacts;
Amendment 39 #
2010/0257(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, including the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the definition of the boundaries of sustainability of human activities in the framework of the Marine Strategy Framework Directive, which constitutes the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of stakeholders in integrated maritime governance schemes, the further development of cross-cutting tools for integrated policy-making, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation, vessel safety and competitiveness.
Amendment 43 #
2010/0257(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Implementation of the Programme in third countries should contribute to the development objectives of the beneficiary country and be consistent with other cooperation instruments of the EU, including objectives and priorities of the relevant EU policieshelp to protect the marine environment and support sustainable and ecological economic growth.
Amendment 46 #
2010/0257(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Programme should complement existing and future financial instruments made available by the Member States, at national and sub-national level, for promoting the protection and sustainable use of the oceans, seas and coasts, including the outermost regions.
Amendment 54 #
2010/0257(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) to foster the development and implementation of integrated governance of environmental, social and economic maritime and coastal affairs and integrated sea basin strategies;
Amendment 65 #
2010/0257(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) to support joined up policy-making to protect the marine environment and to promote the sustainable use of the marine and coastal resources and sustainable economic growth, innovation, safety and employment in maritime sectors and coastal regions, in coherence with sectoral policy priorities and actions;
Amendment 72 #
2010/0257(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) to improve and enhance external cooperation and coordination among coastal regions and third countries in relation to the objectives of the Integrated Maritime Policy.
Amendment 82 #
2010/0257(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) promote the establishing cross-sectoral cooperation platforms and networks, including interests from industry, trade unions, research stakeholders, regions, public authorities and NGOs;
Amendment 92 #
2010/0257(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) a common information sharing environment for the EU maritime domain which promotes cross-sectoral and cross- border surveillance activities including monitoring oil drilling platforms and reinforces the safe and secure use of marine space, taking into account the relevant developments of sectoral policies as regards surveillance and contributing in coordination with tasks to be assigned to EMSA, as appropriate, to their necessary evolutions;
Amendment 98 #
2010/0257(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) third countries includingparticularly those bordering a European sea basin,
Amendment 99 #
2010/0257(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) actors in third countries engaged in maritime activities including the exploitation of oil drilling platforms or in managing both oil and gas pipelines,
Amendment 103 #
2010/0257(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) international partners and organisations, particularly in relation to their responsibility and accountability with regard to international ecosystem restoration commitments and other pertinent agreements,
Amendment 113 #
2010/0257(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Financial assistance under the Programme may be granted to natural or legal persons, whether governed by private or public law, including Union agencies insofar as they give priority to the protection of the marine environment.
Amendment 114 #
2010/0257(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Programme may benefit third countries, stakeholders in third countries, and international organisations or bodies which pursue protection of the marine environment and one or more of the other general and specific objectives set out in Article 2 and 3.
Amendment 109 #
2010/0253(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 110 #
2010/0253(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitreliability of any services which are included in a public service contract, including the resulting impacts both on the cohesion and transport policy regarding the concerned area and on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessments and the decision of the relevant regulatory body, Member States or local competent authorities should be able to authorise, modify or deny the right of access for the international passenger service sought, including the levying of a charge on the operator of a new international passenger service, in line with the economic analysis and in accordance with Union law and the principles of equality, transparency and non- discrimination.
Amendment 111 #
2010/0253(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 113 #
2010/0253(COD)
Proposal for a directive
Recital 49
Recital 49
(49) Member States shcould have the option of allowingallow only licensed railway undertakings to purchasers of railway services to enter the capacity- allocation process directly.
Amendment 121 #
2010/0253(COD)
Proposal for a directive
Article 3 – point 10 b (new)
Article 3 – point 10 b (new)
(10b) 'light maintenance service' means day-to-day servicing and small repairs activities which take place in the course of rail operations during natural idle periods and throughout the network to ensure safe operations;
Amendment 122 #
2010/0253(COD)
Proposal for a directive
Article 3 – point 10 c (new)
Article 3 – point 10 c (new)
(10c) 'heavy maintenance service' means works that cannot be carried out during normal idle periods and requires the vehicle to be removed from service;
Amendment 123 #
2010/0253(COD)
Proposal for a directive
Article 3 – point 15
Article 3 – point 15
Amendment 124 #
2010/0253(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Management of the railway undertakings according to commercial principles
Amendment 125 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall enable railway undertakings to adjust their activities to the market and to manage those activities under the responsibility of their management bodies, in the interests of providing efficient, reliable and appropriate services at the lowest possible cost for the quality of service requiredincluding public service obligation in the framework of rail transport as a service of public interest.
Amendment 129 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to article 31 and 32 and having due regard to Articles 93, 107 and 108 of the Treaty, Member States mayshall also provide the infrastructure manager with financing consistent with its functions as referred to in point (2) of Article 3 and in paragraph 1 of Article 7, the size of the infrastructure and financial requirements, in particular in order to cover new investments. Member States may decide to finance those investments through means other than direct State funding.
Amendment 131 #
2010/0253(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways9, Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings10 and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure11 have been substantially amended in 2004 and 2007. Since further amendments are necessary and given the link between these legal provisions, those Directives should be recast and merged into a single act enhancing safety provisions and reliability of railway services in the interest of clarity.
Amendment 131 #
2010/0253(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways9, Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings10 and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure11 have been substantially amended in 2004 and 2007. Since further amendments are necessary and given the link between these legal provisions, those Directives should be recast and merged into a single act enhancing safety provisions and reliability of railway services in the interest of clarity.
Amendment 133 #
2010/0253(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Greater integration of the Union transport sector is an essential element of the completion of the internal market, and the railways are a vital part of the Union transport sector moving towards achieving sustainable mobility.
Amendment 133 #
2010/0253(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Greater integration of the Union transport sector is an essential element of the completion of the internal market, and the railways are a vital part of the Union transport sector moving towards achieving sustainable mobility.
Amendment 137 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Amendment 139 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
Where requests by railway undertakings concern access to, and supply of services in a service facility managed by an operator of the service facility referred to in paragraph 3, the operator of the service facility shall justify any decision of refusal andin a written form and address it to the regulatory body in charge to indicate viable alternatives in other facilities to the applicant.
Amendment 140 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 143 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 9
Article 13 – paragraph 9
9. Based on the experience of regulatory bodies and operators of service facilities and based on the activities of the working group referred to in Article 57(1), the Commission may adopt measures setting out the details of the procedure and criteria to be followed for access to the services to be supplied in the service facilities referred to in points 2 to 4 of Annex II. Those implementing acts shall be adoptedAnnex II may be amended in the light of experience in accordance with the examination procedure referred to in Article 62(3)0.
Amendment 152 #
2010/0253(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts.
Amendment 152 #
2010/0253(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure the future development and efficient operation of the railway system, a distinction should be made between the provision of transport services and the operation of infrastructure. Given this situation, it is necessary for these two activities to be managed separately and to have separate accounts.
Amendment 153 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access package and for access to infrastructure connecting service facilities shall be set at the cost that is directly incurred as a result of operating the train service. , according to Annex VI point -1.a. Or. en (See reference to proposed amendment to Annex VI -1.a)
Amendment 155 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 158 #
2010/0253(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Acknowledging that in the EU there are railway networks having a different track gauge from that of the main rail network within the Union, they are therefore technologically isolated from the main EU railway network while being linked with third countries' railway networks economic and social reliability of these networks must be maintained through special treatment where necessary.
Amendment 158 #
2010/0253(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Acknowledging that in the EU there are railway networks having a different track gauge from that of the main rail network within the Union, they are therefore technologically isolated from the main EU railway network while being linked with third countries' railway networks economic and social reliability of these networks must be maintained through special treatment where necessary.
Amendment 161 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Without prejudice to the powers of the national competition authorities for securing competition in the rail services markets, tThe regulatory body shall have the power to monitor the competitive situationstate in the rail services markets and shall, in particular, control points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination against applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers forAmong others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager that may be used to discriminate againstbetween applicants.
Amendment 163 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
Amendment 167 #
2010/0253(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down rules providing for railway undertakings to pay for the use of railway infrastructure. Such rules should noteither discriminate between railway undertakings nor create opportunity to social dumping towards the railway staff involved.
Amendment 167 #
2010/0253(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the absence of common rules on allocation of infrastructure costs, Member States should, after consulting the infrastructure manager, lay down rules providing for railway undertakings to pay for the use of railway infrastructure. Such rules should noteither discriminate between railway undertakings nor create opportunity to social dumping towards the railway staff involved.
Amendment 168 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 10 – subparagraph 1
Article 56 – paragraph 10 – subparagraph 1
Amendment 171 #
2010/0253(COD)
Proposal for a directive
Article 60 – point 2
Article 60 – point 2
2. The delegation of power referred to in Articles 2013 (9), 20, 31, 35 (3), 43 (2) and 56 (11) shall be conferred on the Commission for a period of five years from……25 . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 173 #
2010/0253(COD)
Proposal for a directive
Article 63 – paragraph 2
Article 63 – paragraph 2
This report shall also assess the development of the market, including the state of preparation of a further opening-up of the rail market. In its report the Commission shall also analyse the different models for organising this market and the impact of this Directive on public service contracts and their financing. In so doing, the Commission shall take into account the implementation of Regulation (EC) No 1370/2007 and the intrinsic differences between Member States (density of networks, number of passengers, average travel distance). In its report the Commission shall, if appropriate, propose complementary legislative measures to facilitate any such opening, and shall assess the impact of any such measures.
Amendment 176 #
2010/0253(COD)
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action both to open up the market and Member States to endorse clear choices to sustainable transport of goods by rail shifting from less environmental friendly modes.
Amendment 176 #
2010/0253(COD)
Proposal for a directive
Recital 11
Recital 11
(11) An efficient freight sector, especially across borders, requires action both to open up the market and Member States to endorse clear choices to sustainable transport of goods by rail shifting from less environmental friendly modes.
Amendment 180 #
2010/0253(COD)
Proposal for a directive
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
(e) maintenance facilities as referred in the concerned definitions in article 3, with the exception of heavy maintenance services supplied in maintenance facilities exclusively dedicated to specific types of rolling stock, and other technical facilities, including cleaning and washing facilities;
Amendment 183 #
2010/0253(COD)
Proposal for a directive
Annex II – paragraph 4 – point e
Annex II – paragraph 4 – point e
(e) heavy maintenance services supplied in maintenance facilities exclusivelyas referred in the concerned definitions provided in Article 3, dedicated to specific types of rolling stock.
Amendment 184 #
2010/0253(COD)
Proposal for a directive
Annex VI – title
Annex VI – title
Requirements for costs and charges related to railway infrastructure(referred to in Articles 31(3), 32(1) and 35)
Amendment 185 #
2010/0253(COD)
Proposal for a directive
Annex VI – point -1 (new)
Annex VI – point -1 (new)
-1. Direct costs of the train service referred to in Article 31(3), which are related to infrastructure wear and tear, shall exclude the following items: (a) Network-wide overhead costs; (b) Interest payable on capital; (c) More than one tenth of costs related to scheduling, train path allocation, traffic management, dispatching and signalling of a train run; (d) Depreciation of information, communication or telecommunication equipment; (e) Costs related to real estate management, in particular acquisition, selling, dismantling, decontamination, recultivation or renting of land or other fixed assets; (f) Schools, Kindergartens; (g) Costs related to act of God, accident, service disruptions. When direct costs exceed, on a network- wide average, 35% of average costs of maintaining, managing and renewing the network calculated on the basis of a train kilometre run, the infrastructure manager shall justify this in detail to the regulatory body. The average costs calculated for this purpose shall exclude cost elements referred to in points (e), (f) or (g).
Amendment 191 #
2010/0253(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitreliability of any services which are included in a public service contract, including consequential impacts both on the cohesion and transport policy regarding the concerned area and on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessment and the decision of the relevant regulatory body, Member Stats, Member States or local competent authorities may authorise, modify or deny the right of access for the international passenger service sought, including the levying of a charge on the operator of a new international passenger service, in line with the socio-economic analysis and in accordance with Union law and the principles of equality, transparency and non-discrimination.
Amendment 191 #
2010/0253(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The assessment of whether the socio- economic equilibrium of the public service contract could be compromised should take into account predetermined criteria such as the impact on the profitreliability of any services which are included in a public service contract, including consequential impacts both on the cohesion and transport policy regarding the concerned area and on the net cost to the competent public authority that awarded the contract, passenger demand, ticket pricing, ticketing arrangements, location and number of stops on both sides of the border and timing and frequency of the proposed new service. In accordance with such an assessment and the decision of the relevant regulatory body, Member Stats, Member States or local competent authorities may authorise, modify or deny the right of access for the international passenger service sought, including the levying of a charge on the operator of a new international passenger service, in line with the socio-economic analysis and in accordance with Union law and the principles of equality, transparency and non-discrimination.
Amendment 196 #
2010/0253(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory body should be an independent authority and act as an arbiter in order to ensure in case of dispute fair and transparent decisions according to the provisions of non- discrimination and rules of this directive.
Amendment 196 #
2010/0253(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The national regulatory body should be an independent authority and act as an arbiter in order to ensure in case of dispute fair and transparent decisions according to the provisions of non- discrimination and rules of this directive.
Amendment 197 #
2010/0253(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to invest in services using specialised infrastructure, such as high- speed railway lines or other dedicated complex infrastructures in order to comply with Member States objectives in reducing CO2 emissions or enhancing intermodal links, applicants need legal certainty given the substantial long-term investment involved.
Amendment 197 #
2010/0253(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to invest in services using specialised infrastructure, such as high- speed railway lines or other dedicated complex infrastructures in order to comply with Member States objectives in reducing CO2 emissions or enhancing intermodal links, applicants need legal certainty given the substantial long-term investment involved.
Amendment 206 #
2010/0253(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 206 #
2010/0253(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 214 #
2010/0253(COD)
Proposal for a directive
Recital 25
Recital 25
(25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social and work conditions and the rights of workers and consumerto decent work and wages and consumers to reliable services on specific stretches of track.
Amendment 214 #
2010/0253(COD)
Proposal for a directive
Recital 25
Recital 25
(25) A railway undertaking should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with due regard to health, social and work conditions and the rights of workers and consumerto decent work and wages and consumers to reliable services on specific stretches of track.
Amendment 220 #
2010/0253(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To ensure transparencyInformation on right of access and ncon- discriminatory access todition of use of rail infrastructure andincluding all rail-related services for all railway undertakings, all the information required to use access rights is to be should be provided and published in a network statement by the infrastructure manager.
Amendment 220 #
2010/0253(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To ensure transparencyInformation on right of access and ncon- discriminatory access todition of use of rail infrastructure andincluding all rail-related services for all railway undertakings, all the information required to use access rights is to be should be provided and published in a network statement by the infrastructure manager.
Amendment 232 #
2010/0253(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Member States shcould have the option of allowingallow only licensed Railway undertakings to purchasers of railway services to enter the capacity-allocation process directly.
Amendment 232 #
2010/0253(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Member States shcould have the option of allowingallow only licensed Railway undertakings to purchasers of railway services to enter the capacity-allocation process directly.
Amendment 246 #
2010/0253(COD)
Proposal for a directive
Recital 59
Recital 59
(59) The sustainable development of railway transport should be achieved by using inter alia the Union instruments available, without prejudice to priorities already established.
Amendment 246 #
2010/0253(COD)
Proposal for a directive
Recital 59
Recital 59
(59) The sustainable development of railway transport should be achieved by using inter alia the Union instruments available, without prejudice to priorities already established.
Amendment 252 #
2010/0253(COD)
Proposal for a directive
Recital 65
Recital 65
Amendment 252 #
2010/0253(COD)
Proposal for a directive
Recital 65
Recital 65
Amendment 253 #
2010/0253(COD)
Proposal for a directive
Recital 71
Recital 71
(71) This Directive should be without prejudice either to the time limits set out in Annex XI, Part B within which the Member States are to comply with the preceding Directives, or to point 34 of the Interinstitutional Agreement relating to correlation tables including the possible appointment of a transposition coordinator when appropriate.
Amendment 253 #
2010/0253(COD)
Proposal for a directive
Recital 71
Recital 71
(71) This Directive should be without prejudice either to the time limits set out in Annex XI, Part B within which the Member States are to comply with the preceding Directives, or to point 34 of the Interinstitutional Agreement relating to correlation tables including the possible appointment of a transposition coordinator when appropriate.
Amendment 254 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Chapter II does notThis directive shall apply to railway undertakings which only operate urban, suburban or regional serviceoperating domestic and international rail services with the exception of other track-based modes such as metro or tramways.
Amendment 254 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Chapter II does notThis directive shall apply to railway undertakings which only operate urban, suburban or regional serviceoperating domestic and international rail services with the exception of other track-based modes such as metro or tramways.
Amendment 256 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Member States may exclude, in accordance with their national laws concerning safe operation conditions, the following from the application of Chapter III :
Amendment 256 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. Member States may exclude, in accordance with their national laws concerning safe operation conditions, the following from the application of Chapter III :
Amendment 257 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) railway undertakings which only operate rail passenger or freight services on local and regional stand-alone railway infrastructure;
Amendment 257 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) railway undertakings which only operate rail passenger or freight services on local and regional stand-alone railway infrastructure;
Amendment 259 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) railway undertakings which only operate urban or suburban rail passenger services on networks which are only used by one railway undertaking not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 259 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) railway undertakings which only operate urban or suburban rail passenger services on networks which are only used by one railway undertaking not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 260 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) railway undertakings which only operate regional rail freight services on networks which are only used by one railway undertaking not falling under provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 260 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) railway undertakings which only operate regional rail freight services on networks which are only used by one railway undertaking not falling under provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 264 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) local and regional stand-alone networks for passenger services on railway infrastructure and the railway undertakings operating trains on them;
Amendment 264 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) local and regional stand-alone networks for passenger services on railway infrastructure and the railway undertakings operating trains on them;
Amendment 266 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) networks intendused only for the operation of urban or suburban rail passenger services and solely by one railway undertakings not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 266 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) networks intendused only for the operation of urban or suburban rail passenger services and solely by one railway undertakings not falling under the provisions of paragraph 1 and until capacity on that network is requested by another applicant in addition to this railway undertaking;
Amendment 268 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
(d) privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations and the railway undertakings concerned;
Amendment 268 #
2010/0253(COD)
Proposal for a directive
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
(d) privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations and the railway undertakings concerned;
Amendment 270 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) "infrastructure manager" means any body or firm responsible in particular for establishing , managing and maintainwhose functions include establishing, managing, maintaining and investing ing railway infrastructure , includingsafety issues, traffic management and control-command and, signalling ; the functions ofand all related; the infrastructure manager on a network or part of a network may be allocated to different bodies or firms will take decisions on train path definition, assessment of available capacity and consequent allocation of path including the determination and the collection of infrastructure charges established accordingly;
Amendment 270 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) "infrastructure manager" means any body or firm responsible in particular for establishing , managing and maintainwhose functions include establishing, managing, maintaining and investing ing railway infrastructure , includingsafety issues, traffic management and control-command and, signalling ; the functions ofand all related; the infrastructure manager on a network or part of a network may be allocated to different bodies or firms will take decisions on train path definition, assessment of available capacity and consequent allocation of path including the determination and the collection of infrastructure charges established accordingly;
Amendment 278 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) "urban and suburban services" means transportilway services operated on a network other than the track-based modes such as metro or tramways to meet the transport needs of an urban centre or conurbation, together with transport needs between such a centre or conurbation and surrounding areas ;
Amendment 278 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) "urban and suburban services" means transportilway services operated on a network other than the track-based modes such as metro or tramways to meet the transport needs of an urban centre or conurbation, together with transport needs between such a centre or conurbation and surrounding areas ;
Amendment 282 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) "applicant" means a licensed railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity for the operation of railway services;
Amendment 282 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) "applicant" means a licensed railway undertaking and other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity for the operation of railway services;
Amendment 288 #
2010/0253(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that as regards management, administration and internal control over administrative, economic and accounting matters railway undertakings directly or indirectly owned or controlled by the Member Statesrespective of their ownership have independent status in accordance with which they will hold, in particular, assets, budgets and accounts which are separate from those of the StateInfrastructure manager.
Amendment 288 #
2010/0253(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that as regards management, administration and internal control over administrative, economic and accounting matters railway undertakings directly or indirectly owned or controlled by the Member Statesrespective of their ownership have independent status in accordance with which they will hold, in particular, assets, budgets and accounts which are separate from those of the StateInfrastructure manager.
Amendment 292 #
2010/0253(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Management of the railway undertakings according to commercial principles
Amendment 292 #
2010/0253(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Management of the railway undertakings according to commercial principles
Amendment 293 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall enable railway undertakings to adjust their activities to the market and to manage those activities under the responsibility of their management bodies, in the interests of providing efficient and appropriate services at the lowest possible cost for the quality of service requiredproviding reliable and appropriate railway services including public service obligation in the framework of rail transport as a service of public interest.
Amendment 293 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall enable railway undertakings to adjust their activities to the market and to manage those activities under the responsibility of their management bodies, in the interests of providing efficient and appropriate services at the lowest possible cost for the quality of service requiredproviding reliable and appropriate railway services including public service obligation in the framework of rail transport as a service of public interest.
Amendment 294 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Railway undertakings shall be managed according to the principles which apply to commercial companies, irrespective of their ownership. This shall also apply to the public service obligations imposedmanagement boards shall have sole responsibility for managing the enterprise and shall endeavour to take into account the interest of the shareholders, onf them by Member Stat employees and tohe public service contracts which they conclude with the competent authorities of the Stateinterests.
Amendment 294 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Railway undertakings shall be managed according to the principles which apply to commercial companies, irrespective of their ownership. This shall also apply to the public service obligations imposedmanagement boards shall have sole responsibility for managing the enterprise and shall endeavour to take into account the interest of the shareholders, onf them by Member Stat employees and tohe public service contracts which they conclude with the competent authorities of the Stateinterests.
Amendment 295 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Railway undertakings shall determine their business plans, including their investment and financing programmes. Such plans shall be designed to achieve the undertakings' financial equilibrium and other technical, commercial and financial management objectives; they must also indicate the means of obtaining these objectives.
Amendment 295 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Railway undertakings shall determine their business plans, including their investment and financing programmes. Such plans shall be designed to achieve the undertakings' financial equilibrium and other technical, commercial and financial management objectives; they must also indicate the means of obtaining these objectives.
Amendment 299 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 299 #
2010/0253(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 300 #
2010/0253(COD)
Proposal for a directive
Section 2 – title
Section 2 – title
Separation of infrastructure management and transport operations and of different types of transport operations
Amendment 300 #
2010/0253(COD)
Proposal for a directive
Section 2 – title
Section 2 – title
Separation of infrastructure management and transport operations and of different types of transport operations
Amendment 303 #
2010/0253(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds paid to one of these two areas of activity shall not be transferred to the other, unless they are not related to compensate public service obligation in the framework of transport services as services of public interest.
Amendment 303 #
2010/0253(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of transport services by railway undertakings and, on the other, for business relating to the management of railway infrastructure. Public funds paid to one of these two areas of activity shall not be transferred to the other, unless they are not related to compensate public service obligation in the framework of transport services as services of public interest.
Amendment 308 #
2010/0253(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public-service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provisionrelated to the activities of other transport services or any other business railway undertaking.
Amendment 308 #
2010/0253(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall ensure that separate profit and loss accounts and balance sheets are kept and published, on the one hand, for business relating to the provision of rail freight transport services and, on the other, for activities relating to the provision of passenger transport services. Public funds paid for activities relating to the provision of transport services as public-service remits must be shown separately for each public service contract in the relevant accounts and shall not be transferred to activities relating to the provisionrelated to the activities of other transport services or any other business railway undertaking.
Amendment 312 #
2010/0253(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Independence of essential functions of an infrastructure manager
Amendment 312 #
2010/0253(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Independence of essential functions of an infrastructure manager
Amendment 314 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved.
Amendment 314 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall ensure that the functions determining equitable and non- discriminatory access to infrastructure, listed in Annex II, are entrusted to bodies or firms that do not themselves provide any rail transport services. Regardless of organisational structure, this objective must be shown to have been achieved.
Amendment 325 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 325 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 337 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. An association within a group does not contradict the stipulations of this Article, provided it is ensured that the companies or the legal entities are independent under the company law.
Amendment 337 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. An association within a group does not contradict the stipulations of this Article, provided it is ensured that the companies or the legal entities are independent under the company law.
Amendment 345 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to article 31 and 32 and having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 345 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. HWithout prejudice to article 31 and 32 and having due regard to Articles 93, 107 and 108 of the Treaty, Member States may alsoshall provide the infrastructure manager with financing consistent with its tasks, the size of the infrastructure and financial requirements, in particular in order to cover new investments.
Amendment 350 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1 , the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use , provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that potential interested or existing applicants are consulted before the business plan is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan is appropriate to achieve these objectives.
Amendment 350 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Within the framework of general policy determined by the State and taking into account the rail infrastructure development strategy referred to in paragraph 1 , the infrastructure manager shall adopt a business plan including investment and financial programmes. The plan shall be designed to ensure optimal and efficient use , provision and development of the infrastructure while ensuring financial balance and providing means for these objectives to be achieved. The infrastructure manager shall ensure that potential interested or existing applicants are consulted before the business plan is approved. The regulatory body referred to in Article 55 shall issue a non-binding opinion on whether the business plan is appropriate to achieve these objectives.
Amendment 353 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 353 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 354 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that, under normal business conditions and over a period of no more than three yearsreasonable period, the accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the other, including advance payments from the State, where appropriate.
Amendment 354 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Member States shall ensure that, under normal business conditions and over a period of no more than three yearsreasonable period, the accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the other, including advance payments from the State, where appropriate.
Amendment 356 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 356 #
2010/0253(COD)
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 369 #
2010/0253(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 369 #
2010/0253(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 4
Article 10 – paragraph 2 – subparagraph 4
Amendment 373 #
2010/0253(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States or the concerned competent local authorities stipulating a public service contract, may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the socio-economic equilibrium ofand the objectives of a cohesion policy set out in a public service contract.
Amendment 373 #
2010/0253(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States or the concerned competent local authorities stipulating a public service contract, may limit the right of access provided for in Article 10 on services between a place of departure and a destination which are covered by one or more public service contracts conforming to the Union legislation in force. Such limitation shall not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the socio-economic equilibrium ofand the objectives of a cohesion policy set out in a public service contract.
Amendment 377 #
2010/0253(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Amendment 377 #
2010/0253(COD)
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Article 11 – paragraph 2 – subparagraph 1 – introductory part
Amendment 385 #
2010/0253(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 385 #
2010/0253(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 390 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructures managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access packagethe access to services laid down in Annex III, point 1.
Amendment 390 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructures managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access packagethe access to services laid down in Annex III, point 1.
Amendment 396 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 396 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 401 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 401 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 413 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them applying railway undertaking to operate the freight or passenger service concerned on the same route or alternative under economically acceptable conditions. This shall not oblige the railway operator of the service facility to make investments to accommodate all request received from railway undertaking. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. regulatory body thus avoiding disputes and delays.
Amendment 413 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them applying railway undertaking to operate the freight or passenger service concerned on the same route or alternative under economically acceptable conditions. This shall not oblige the railway operator of the service facility to make investments to accommodate all request received from railway undertaking. The burden of proving for the existence of a viable alternative lies with the operator of the service facility. regulatory body thus avoiding disputes and delays.
Amendment 420 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3 a (new)
Article 13 – paragraph 2 – subparagraph 3 a (new)
The railway service provider operating the facility shall be required to provide a justification of any denial access to its facility or to the supply of the specific service concerned.
Amendment 420 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3 a (new)
Article 13 – paragraph 2 – subparagraph 3 a (new)
The railway service provider operating the facility shall be required to provide a justification of any denial access to its facility or to the supply of the specific service concerned.
Amendment 425 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the railway operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 425 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the railway operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 433 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 433 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 445 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 445 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 448 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 448 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 452 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 452 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 480 #
2010/0253(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) have not been convicted of serious or repeatedany failure to fulfil social or labour law obligations, including obligations under safety provisions, occupational safety and health legislation, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures.
Amendment 480 #
2010/0253(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) have not been convicted of serious or repeatedany failure to fulfil social or labour law obligations, including obligations under safety provisions, occupational safety and health legislation, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures.
Amendment 481 #
2010/0253(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 481 #
2010/0253(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 483 #
2010/0253(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. The applicant shall also demonstrate to hold a safety certificate according to Article 10 of directive 2004/49 when introducing his request.
Amendment 483 #
2010/0253(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The requirements relating to professional competence shall be met when an applicant railway undertaking can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence. The applicant shall also demonstrate to hold a safety certificate according to Article 10 of directive 2004/49 when introducing his request.
Amendment 493 #
2010/0253(COD)
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Amendment 493 #
2010/0253(COD)
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Amendment 496 #
2010/0253(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The Member States shall ensure that infrastructure managers cooperate to enable the application of efficient charging schemes for the operation of train services which cross more than one infrastructure network. Infrastructure managers shall, in particular, aim to guarantee the optimal competitiveness of international rail services and ensure the efficient use of the railway networks.
Amendment 496 #
2010/0253(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The Member States shall ensure that infrastructure managers cooperate to enable the application of efficient charging schemes for the operation of train services which cross more than one infrastructure network. Infrastructure managers shall, in particular, aim to guarantee the optimal competitiveness of international rail services and ensure the efficient use of the railway networks.
Amendment 498 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. If a contractual agreement between the Member state and the Infrastructure Manager already exists on the date of entry of this Directive, this agreement is exempted from the application of paragraphs 3, 4 and 5 and of annexe VII until its expiry, or at least for a duration of 5 years following the date of transposition of this text from the concerned Member State.
Amendment 498 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. If a contractual agreement between the Member state and the Infrastructure Manager already exists on the date of entry of this Directive, this agreement is exempted from the application of paragraphs 3, 4 and 5 and of annexe VII until its expiry, or at least for a duration of 5 years following the date of transposition of this text from the concerned Member State.
Amendment 500 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Basic principles and parameters of such agreements are set out in Annex VII which may be amended in the light of experience in accordance with the procedure referred to in Article 60.
Amendment 500 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Basic principles and parameters of such agreements are set out in Annex VII which may be amended in the light of experience in accordance with the procedure referred to in Article 60.
Amendment 501 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 5
Article 30 – paragraph 3 – subparagraph 5
Amendment 501 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 5
Article 30 – paragraph 3 – subparagraph 5
Amendment 503 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6
Article 30 – paragraph 3 – subparagraph 6
Amendment 503 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 6
Article 30 – paragraph 3 – subparagraph 6
Amendment 506 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Charges for the use of railway infrastructure and of railway service facilities shall be paid to the infrastructure manager and to the railway service facility operator respectively and used to fund their business.
Amendment 506 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Charges for the use of railway infrastructure and of railway service facilities shall be paid to the infrastructure manager and to the railway service facility operator respectively and used to fund their business.
Amendment 512 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access packageaccess operating package, set in Annexe III and track access to the concerned railway facilities shall be set at the cost that is directly incurred as a result of operating the train service, according to Annex VIII, point 1. With the exclusion of the modifications regarding the provisions on noise and environmental constraints, the infrastructure charges shall not exceed the complete cost of the infrastructure for each rail market segment.
Amendment 512 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 1
Article 31 – paragraph 3 – subparagraph 1
Without prejudice to paragraphs 4 or 5 of this Article or to Article 32, the charges for the minimum access packageaccess operating package, set in Annexe III and track access to the concerned railway facilities shall be set at the cost that is directly incurred as a result of operating the train service, according to Annex VIII, point 1. With the exclusion of the modifications regarding the provisions on noise and environmental constraints, the infrastructure charges shall not exceed the complete cost of the infrastructure for each rail market segment.
Amendment 514 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 514 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 3 – subparagraph 2
Article 31 – paragraph 3 – subparagraph 2
Amendment 518 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When charging for the cost of noise effects is allowed in a mandatory way by Union legislation for road freight transport, the infrastructure charges shall be modified accordingly to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2. in order to incentivise retro-fitting rolling stock in favour of less noisy equipment.
Amendment 518 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
When charging for the cost of noise effects is allowed in a mandatory way by Union legislation for road freight transport, the infrastructure charges shall be modified accordingly to take account of the cost of noise effects caused by the operation of the train in accordance with Annex VIII, point 2 in order to incentivise retro-fitting rolling stock in favour of less noisy equipment.
Amendment 524 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Amendment 524 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Amendment 533 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 533 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 534 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 8
Article 31 – paragraph 8
Amendment 534 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 8
Article 31 – paragraph 8
Amendment 538 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this authorise that the infrastructure manager may, on any given railway market segment, and if the concerned conditions are bearable, levy a mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimal competieffectiveness in particular of international rail freightof the railway sector. The charging system shall respect the productivity increases achieved by railway undertakings.
Amendment 538 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
In order to obtain full recovery of the costs incurred by the infrastructure manager a Member State may, if the market can bear this authorise that the infrastructure manager may, on any given railway market segment, and if the concerned conditions are bearable, levy a mark-ups on the basis of efficient, transparent and non- discriminatory principles, while guaranteeing optimal competieffectiveness in particular of international rail freightof the railway sector. The charging system shall respect the productivity increases achieved by railway undertakings.
Amendment 540 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
These railway market segments and the corresponding mark-ups proposed shall be established in accordance with the criteriaprocedure laid down in Annex VIII, point 3 subject to the prior approval of the regulatory body. For market segments for which there is no traffic, mark-ups shall not be included in the charging system initially.
Amendment 540 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 3
Article 32 – paragraph 1 – subparagraph 3
These railway market segments and the corresponding mark-ups proposed shall be established in accordance with the criteriaprocedure laid down in Annex VIII, point 3 subject to the prior approval of the regulatory body. For market segments for which there is no traffic, mark-ups shall not be included in the charging system initially.
Amendment 542 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4
Article 32 – paragraph 1 – subparagraph 4
Amendment 542 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4
Article 32 – paragraph 1 – subparagraph 4
Amendment 546 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
Amendment 546 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
Amendment 551 #
2010/0253(COD)
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Amendment 551 #
2010/0253(COD)
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 2
Article 35 – paragraph 2 – subparagraph 2
Amendment 558 #
2010/0253(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56.
Amendment 558 #
2010/0253(COD)
Proposal for a directive
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Commission and representatives of the regulatory bodies, which co-operate according to Article 57, shall be informed of and invited to attend as observers all meetings at which common principles and practices for the allocation of infrastructure are developed. In the case of IT-based allocation systems, the regulatory bodies shall receive sufficient information from these systems to allow them to perform their regulatory supervision in accordance with the provisions of Article 56.
Amendment 564 #
2010/0253(COD)
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 564 #
2010/0253(COD)
Proposal for a directive
Article 40 – paragraph 5 a (new)
Article 40 – paragraph 5 a (new)
5 a. Member States may lay down different rules for networks technologically separated from the main EU railway network if specific cooperation in the allocation of infrastructure capacities for traffic originating from or destined for third countries is needed.
Amendment 567 #
2010/0253(COD)
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 3
Article 42 – paragraph 6 – subparagraph 3
As from 1 January 2010, an initial framework agreement may be drawn up for a period of five years, renewable once, on the basis of the capacity characteristics used by applicants operating services before 1 January 2010, in order to take account of specialised investments or the existence of commercial contracts. The regulatory body referred to in Article 55 shall be responsible for authorising the entry into force of such an agreement.
Amendment 567 #
2010/0253(COD)
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 3
Article 42 – paragraph 6 – subparagraph 3
As from 1 January 2010, an initial framework agreement may be drawn up for a period of five years, renewable once, on the basis of the capacity characteristics used by applicants operating services before 1 January 2010, in order to take account of specialised investments or the existence of commercial contracts. The regulatory body referred to in Article 55 shall be responsible for authorising the entry into force of such an agreement.
Amendment 572 #
2010/0253(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Applicants shallmay request infrastructure capacity crossing more than one network by applying to one infrastructure manager. That infrastructure manager shall then be permitted to act on behalf of the applicant to seek capacity with the other relevant infrastructure managers.
Amendment 572 #
2010/0253(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Applicants shallmay request infrastructure capacity crossing more than one network by applying to one infrastructure manager. That infrastructure manager shall then be permitted to act on behalf of the applicant to seek capacity with the other relevant infrastructure managers.
Amendment 596 #
2010/0253(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed by the national parliament for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three yearsreasonable period before their appointment, and explicitly stating it by an appropriate declaration of interest during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body according to national laws.
Amendment 596 #
2010/0253(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The president and governing board of the regulatory body for the railway sector shall be appointed by the national parliament for a fixed and renewable term under clear rules which guarantee independence. They shall be selected from among persons who have had no professional position or responsibility, interest or business relationship, directly or indirectly, with the regulated undertakings or entities for a period of three yearsreasonable period before their appointment, and explicitly stating it by an appropriate declaration of interest during their term of office. Afterwards, they shall have no professional position or responsibility, interest or business relationship with any of the regulated undertakings or entities for a period of not less than three yearsreasonable period. They shall have full authority over the recruitment and management of the staff of the regulatory body according to national laws.
Amendment 600 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. Without prejudice to Article 46(6), an applicant shall have the right to appeal to the regulatory body if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, and in particular againstdue to decisions adopted by the infrastructure manager or where appropriate by the railway undertaking or by the railway operator of a service facility and a dispute arises concerning:
Amendment 600 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. Without prejudice to Article 46(6), an applicant shall have the right to appeal to the regulatory body if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, and in particular againstdue to decisions adopted by the infrastructure manager or where appropriate by the railway undertaking or by the railway operator of a service facility and a dispute arises concerning:
Amendment 604 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competitionstate in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers forwith a view to preventing discrimination between applicants. Among others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 604 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. The regulatory body shall also have the power to monitor the competitionstate in the rail services markets and review points (a) to (g) of paragraph 1 on its own initiative and with a view to preventing discrimination between applicants. It shall, in particular, check whether the network statement contains discriminatory clauses or creates discretionary powers forwith a view to preventing discrimination between applicants. Among others it shall check if discriminatory clauses in the network statement are used by the infrastructure manager that may be used to discriminate between applicants. The regulatory body shall have the necessary organisational capacity to carry out these tasks.
Amendment 607 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. N and negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. Tthose charges are consistent with the provisions of Chapter IV, Section 2. Under request of actors set in paragraph 1, the regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter.
Amendment 607 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 3
Article 56 – paragraph 3
3. The regulatory body shall ensure that charges set by the infrastructure manager comply with Chapter IV, Section 2 and are non-discriminatory. N and negotiations between applicants and an infrastructure manager concerning the level of infrastructure charges shall only be permitted if these are carried out under the supervision of the regulatory body. Tthose charges are consistent with the provisions of Chapter IV, Section 2. Under request of actors set in paragraph 1, the regulatory body shall intervene if negotiations are likely to contravene the requirements of this Chapter.
Amendment 613 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information. Where appropriate, it shall decide on its own initiative on appropriate measures to correct undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 613 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 5 – subparagraph 1
Article 56 – paragraph 5 – subparagraph 1
The regulatory body shall be required to decide on any complaints and take action to remedy the situation within a maximum period of two months from receipt of all information. Where appropriate, it shall decide on its own initiative on appropriate measures to correct undesirable developments in these markets, in particular with reference to points (a) to (g) of paragraph 1.
Amendment 618 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 8
Article 56 – paragraph 8
Amendment 618 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 8
Article 56 – paragraph 8
Amendment 634 #
2010/0253(COD)
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 634 #
2010/0253(COD)
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 1
Article 57 – paragraph 7 – subparagraph 1
Amendment 637 #
2010/0253(COD)
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
Amendment 637 #
2010/0253(COD)
Proposal for a directive
Article 57 – paragraph 7 – subparagraph 2
Article 57 – paragraph 7 – subparagraph 2
Amendment 649 #
2010/0253(COD)
Proposal for a directive
Annex 1 – indent 6
Annex 1 – indent 6
– ARailway access way for passengers and goods, including access by roadthe related building facilities and pedestrian or road access;
Amendment 649 #
2010/0253(COD)
Proposal for a directive
Annex 1 – indent 6
Annex 1 – indent 6
– ARailway access way for passengers and goods, including access by roadthe related building facilities and pedestrian or road access;
Amendment 650 #
2010/0253(COD)
Proposal for a directive
Annex 1 – indent 10
Annex 1 – indent 10
– Buildings used by the infrastructure department to ensure reliability and compliance to its tasks.
Amendment 650 #
2010/0253(COD)
Proposal for a directive
Annex 1 – indent 10
Annex 1 – indent 10
– Buildings used by the infrastructure department to ensure reliability and compliance to its tasks.
Amendment 657 #
2010/0253(COD)
Proposal for a directive
Annex 2
Annex 2
Amendment 657 #
2010/0253(COD)
Proposal for a directive
Annex 2
Annex 2
Amendment 660 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – introductory part
Annex 3 – point 1 – introductory part
1. The minimum access package shall compriseright to access shall comprise the following services and railway facilities whose related costs and corresponding charges for their use will be paid to the respective railway enterprises providing them, both infrastructure manager and concerned railway operators:
Amendment 660 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – introductory part
Annex 3 – point 1 – introductory part
1. The minimum access package shall compriseright to access shall comprise the following services and railway facilities whose related costs and corresponding charges for their use will be paid to the respective railway enterprises providing them, both infrastructure manager and concerned railway operators:
Amendment 661 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint d a (new)
Annex 3 – point 1 – subpoint d a (new)
(d a) safety and technical inspection of rolling stock
Amendment 661 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint d a (new)
Annex 3 – point 1 – subpoint d a (new)
(d a) safety and technical inspection of rolling stock
Amendment 662 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint e
Annex 3 – point 1 – subpoint e
(e) use of electrical supply equipment for traction current, where available and use of traction current when needed with the respective charges to be shown separately;
Amendment 662 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint e
Annex 3 – point 1 – subpoint e
(e) use of electrical supply equipment for traction current, where available and use of traction current when needed with the respective charges to be shown separately;
Amendment 664 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f
Annex 3 – point 1 – subpoint f
(f) use of refuelling facilities, where available and supply of fuel, when needed with the respective charges to be shown separately;
Amendment 664 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f
Annex 3 – point 1 – subpoint f
(f) use of refuelling facilities, where available and supply of fuel, when needed with the respective charges to be shown separately;
Amendment 665 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f a (new)
Annex 3 – point 1 – subpoint f a (new)
(f a) passenger stations, their buildings, their facilities including a suitable space for unified ticketing and for travel information facilities. The requirement related to ticketing shall not apply in the United Kingdom where a common national ticketing and information system already exists;
Amendment 665 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f a (new)
Annex 3 – point 1 – subpoint f a (new)
(f a) passenger stations, their buildings, their facilities including a suitable space for unified ticketing and for travel information facilities. The requirement related to ticketing shall not apply in the United Kingdom where a common national ticketing and information system already exists;
Amendment 666 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f b (new)
Annex 3 – point 1 – subpoint f b (new)
(f b) freight terminals
Amendment 666 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f b (new)
Annex 3 – point 1 – subpoint f b (new)
(f b) freight terminals
Amendment 667 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f c (new)
Annex 3 – point 1 – subpoint f c (new)
(f c) marshalling yards;
Amendment 667 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f c (new)
Annex 3 – point 1 – subpoint f c (new)
(f c) marshalling yards;
Amendment 668 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f d (new)
Annex 3 – point 1 – subpoint f d (new)
(f d) train formation facilities;
Amendment 668 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f d (new)
Annex 3 – point 1 – subpoint f d (new)
(f d) train formation facilities;
Amendment 669 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f e (new)
Annex 3 – point 1 – subpoint f e (new)
(f e) storage sidings;
Amendment 669 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f e (new)
Annex 3 – point 1 – subpoint f e (new)
(f e) storage sidings;
Amendment 670 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f f (new)
Annex 3 – point 1 – subpoint f f (new)
(f f) maintenance and other technical facilities;
Amendment 670 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f f (new)
Annex 3 – point 1 – subpoint f f (new)
(f f) maintenance and other technical facilities;
Amendment 671 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f g (new)
Annex 3 – point 1 – subpoint f g (new)
(f g) port facilities which are linked to rail activities;
Amendment 671 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f g (new)
Annex 3 – point 1 – subpoint f g (new)
(f g) port facilities which are linked to rail activities;
Amendment 672 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f h (new)
Annex 3 – point 1 – subpoint f h (new)
(f h) relief facilities including towing to clear the running lines;
Amendment 672 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f h (new)
Annex 3 – point 1 – subpoint f h (new)
(f h) relief facilities including towing to clear the running lines;
Amendment 673 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f i (new)
Annex 3 – point 1 – subpoint f i (new)
(f i) pre-heating of passenger trains;
Amendment 673 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f i (new)
Annex 3 – point 1 – subpoint f i (new)
(f i) pre-heating of passenger trains;
Amendment 674 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f j (new)
Annex 3 – point 1 – subpoint f j (new)
(f j) tailor-made contracts for control of transport of dangerous goods and /or in assistance in running abnormal trains;
Amendment 674 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f j (new)
Annex 3 – point 1 – subpoint f j (new)
(f j) tailor-made contracts for control of transport of dangerous goods and /or in assistance in running abnormal trains;
Amendment 675 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f k (new)
Annex 3 – point 1 – subpoint f k (new)
(f k) access to telecommunication networks;
Amendment 675 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 1 – subpoint f k (new)
Annex 3 – point 1 – subpoint f k (new)
(f k) access to telecommunication networks;
Amendment 676 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 2 – introductory part
Annex 3 – point 2 – introductory part
Amendment 676 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 2 – introductory part
Annex 3 – point 2 – introductory part
Amendment 690 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 3
Annex 3 – point 3
Amendment 690 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 3
Annex 3 – point 3
Amendment 692 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 4
Annex 3 – point 4
Amendment 692 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 4
Annex 3 – point 4
Amendment 693 #
2010/0253(COD)
Proposal for a directive
Annex 6 – point 1
Annex 6 – point 1
1. A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access to it including the technical and safety rules governing the access of railway vehicles as regulated by directives 2008/57/EC and 2004/49/EC. The information in this section shall be consistent with or refer to the rail infrastructure registers to be published in accordance with Article 35 of Directive 2008/57/EC.
Amendment 693 #
2010/0253(COD)
Proposal for a directive
Annex 6 – point 1
Annex 6 – point 1
1. A section setting out the nature of the infrastructure which is available to railway undertakings and the conditions of access to it including the technical and safety rules governing the access of railway vehicles as regulated by directives 2008/57/EC and 2004/49/EC. The information in this section shall be consistent with or refer to the rail infrastructure registers to be published in accordance with Article 35 of Directive 2008/57/EC.
Amendment 701 #
2010/0253(COD)
Proposal for a directive
Annex 7 – point 9
Annex 7 – point 9
9. rules for dealing with major disruptions of operations and emergency situations, including a minimum service level in case of strikes, if any, and early termination of the contractual agreement, and information of users;
Amendment 701 #
2010/0253(COD)
Proposal for a directive
Annex 7 – point 9
Annex 7 – point 9
9. rules for dealing with major disruptions of operations and emergency situations, including a minimum service level in case of strikes, if any, and early termination of the contractual agreement, and information of users;
Amendment 704 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions;
Amendment 704 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint a
Annex 8 – point 1 – subpoint a
(a) Network-wide overhead costs, including salaries and pensions;
Amendment 706 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f
Amendment 706 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 1 – subpoint f
Annex 8 – point 1 – subpoint f
Amendment 710 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to paymay define homogeneous market segments and corresponding mark-ups according to Article 32(1), whereby each applicable ofn the services listed under a single basis of a market study and after consultatione of the following points shall belong to different market segmentsapplicants in order to improve the traffic volumes in each individual segment. The railway market segments to be taken into account using of the following indicative criteria are:
Amendment 710 #
2010/0253(COD)
Proposal for a directive
Annex 8 – point 3 – introductory part
Annex 8 – point 3 – introductory part
3. The infrastructure manager shall demonstrate to the regulatory body the ability of a train service to paymay define homogeneous market segments and corresponding mark-ups according to Article 32(1), whereby each applicable ofn the services listed under a single basis of a market study and after consultatione of the following points shall belong to different market segmentsapplicants in order to improve the traffic volumes in each individual segment. The railway market segments to be taken into account using of the following indicative criteria are:
Amendment 722 #
2010/0253(COD)
Proposal for a directive
Annex 10
Annex 10
Amendment 722 #
2010/0253(COD)
Proposal for a directive
Annex 10
Annex 10
Amendment 12 #
2010/0208(COD)
The European Parliament rejects the Commission proposal.
Amendment 13 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 1
Recital 1
(1) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed16 establish, in accordance with the precautionary principle, a comprehensive legal framework for the authorisation of genetically modified organisms (GMOs), which is fully applicable to GMOs to be used for cultivation purposes throughout the EU as seeds or other plant-propagating material (hereinafter ‘GMOs for cultivation’).
Amendment 17 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 2
Recital 2
(2) Under this set of legislation, GMOs for cultivation shall undergo an individual risk assessment before being authorised to be placed on the Union market. The aim of this authorisation procedure is to ensure a high level of protection of human life and health, animal health and welfare, the environment and consumer interests, whilst ensuring the effective functioning of the internal market and to address citizens’ ethical and societal considerations.
Amendment 22 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 2 a (new)
Recital 2 a (new)
(2a) There is a need for the precautionary principle to be taken into account in the framework of this Regulation and when implementing it.
Amendment 23 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 4
Recital 4
(4) OnceEven if a GMO is authorised for cultivation purposes in accordance with the EU legislative framework on GMOs and complies, as regards the variety that is to be placed on the market, with the requirements of EU legislation on the marketing of seed and plant propagating material, Member States are not authorisedshould have the possibility to prohibit, restrict, or impede its free circulation within their territory, except under the conditions defined by EU legislation.
Amendment 29 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 6
Recital 6
(6) In this context, it appears appropriate to grant to Member States, in accordance with the principle of subsidiarity, more freedom to decide whether or not they wish to cultivate GMO crops on their territory without changing the system of Union authorisations of GMOs and independently of the measures that Member States are entitlrequired to take by application of Article 26a of Directive 2001/18/EC within and across borders to avoid the unintended presence of GMOs in other products.
Amendment 42 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Cultivation is closely linked to the use of land and the protection of flora and fauna, for which Member States retain important competencies; taking into account that national territories are characterised by an ample diversity of ecosystems and that any impacts on ecosystems may also have health implications, Member States should be given the right to restrict or ban GM cultivation on their territory on grounds related to environmental or health impacts or other legitimate factors which are complementary to those examined during the risk assessment process conducted under Part C of Directive 2001/18/EC or which have not been addressed or have not been sufficiently dealt with as part of that assessment.
Amendment 47 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 9
Recital 9
(9) On the basis of the subsidiarity principle, the purpose of this Regulation is not to harmonize the conditions of cultivation in Member States but to grant freedom to Member States to invoke orestrict or prohibit the cultivation of GMOs on their grounds than scientific assessment of health and environmental risks to ban cultivation of GMOs on their territoryterritory on grounds relating to environmental or health impacts or other legitimate factors which might arise from the deliberate release of GMOs, and which are complementary to those examined during the risk assessment process conducted under Part C of this Directive or which have not been addressed or have not been sufficiently dealt with as part of that assessment. In addition one of the purposes of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations which is to allow the Commission to consider the adoption of binding acts at EU level would not be served by the systematic notification of Member States’ measures under that Directive. Moreover, since measures which Member States can adopt under this Regulation cannot have as a subject the placing of the market of GMOs and thus does not modify the conditions of placing on the market of GMOs authorised under the existing legislation, the notification procedure under Directive 98/34/EC does not appear the most appropriate information channel for the Commission. Therefore, by derogation, Directive 98/34/EC should not be applicable. A simpler notification system of the national measures prior to their adoption appears to be a more proportionate tool for the Commission to be aware of these measures. Measures which Member States intend to adopt should thus be communicated together with their reasons to the Commission and to the other Member States one month prior to their adoption for information purposes.
Amendment 60 #
2010/0208(COD)
Proposal for a regulation – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2001/18/EC
Article 26 a – paragraph 1
Article 26 a – paragraph 1
Directive 2001/18/EC shall be amended as follows: (-1) Article 26a(1) shall be replaced by the following: ‘1. Member States shall take appropriate measures to avoid the unintended presence of GMOs in other products within and across national borders.’
Amendment 81 #
2010/0208(COD)
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point a
Article 26 b – paragraph 1 – point a
(a) those measures are based on grounds other than those related to the assessment of the adverse effect on health and environment which mightrelated to environmental or health impacts which might arise from the deliberate release of GMOs, or on other legitimate factors. National measures may be based, inter alia, on the following grounds: - the prevention of the development of pesticide resistance amongst weeds and pests due to the deliberate release of GMOs; - the protection of farmers against increased dependence from companies holding patents on GM seeds and corresponding herbicides; - the prevention of changes in agrise from the deliberate release or the placing on the market of GMOscultural practices, caused by the deliberate release of GMOs, resulting in negative impacts on the environment, health or existing farming practices that are ecologically more sustainable;
Amendment 148 #
2009/2236(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that rural development is now constitutes an integral part of the CAP architecture, with its focus on rural communities, improving the environment,hich makes a particular contribution to furthering structural change in agriculture through modernising andation, restructuring agriculture and improving product marketing and competitivenessnd industrialisation, as well as helping to improve environmental performance and product marketing;
Amendment 178 #
2009/2236(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that food security remains the central challenge for EU and global agriculture as the world population is predicted to grow from 6 to 9 billion by 2050 and demand for food will double by 2050 according to the FAO (especially in emerging economies such as China or India);
Amendment 196 #
2009/2236(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Affirms that Europe will have to make a substantial contribution to meeting that neemust contribute through its agricultural policy to promoting the development of agricultural systems in the world, in order to be able to meet growing world demand for food against a background of less land, less water and reduced energy inputs due to the impact of climate change, which will act as a serious constraint on European capacity to increase supplyand increasing water shortages;
Amendment 200 #
2009/2236(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the global energy crisis and, increasing energy prices and growing speculation in agricultural raw materials will drive agricultural production costs up, leading to rising food prices and growing market price volatility for both farmers and consumers, which will have a detrimental effect on the stability of food supply and will seriously constrain the ability to maintain and increase current production levels;
Amendment 216 #
2009/2236(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises the importance of reinforcing the progress already made to preserve biodiversity and protect the environmentof achieving further improvements in environmental protection;
Amendment 246 #
2009/2236(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that a strong European Common Agricultural Policy is needed to ensure that EU farmers remain competitive on the world market against well subsidised trading partnerssafeguard agricultural production in Europe; believes that the EU cannot afford to rely on other parts of the world to provide for European food security in the context of climate change, political instability in certain regions of the world and potential outbreaks of diseases or other events potentially detrimental to production capacity;
Amendment 266 #
2009/2236(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that EU agriculture remains a centraland forestry remain important sectors of the EU economy, making an important contribution to EU GDP and jobs both directly and indirectly, througogether with the multiplier effect on both the upstream and downstream food and drink industry market; believes, therefore, that a strongcompetitive EU agriculture is at the very heart of a successful export-led EU food and drink industryand forestry sector needs appropriate support;
Amendment 299 #
2009/2236(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that rural unemployment should be tackled by providing opportunities for regionalising production and marketing, for diversification, and by means of new income sources;
Amendment 363 #
2009/2236(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 445 #
2009/2236(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that agriculture has a leading role to play in tackling climate change by reducing GHG emissionsand avoiding GHG emissions (ban on ploughing grassland), increasing carbon sequestration capacity and developing and using more renewable energy sources; believes that climate considerations should be integrated across CAP measures where appropriate;
Amendment 457 #
2009/2236(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Considers that production efficiency is fundamental toscarce resources must be used efficiently for more sustainable management of scarce resources and that farmers should innovate by using the latest financial, scientific and technical tools to help meet the growing demand for foodneed for food and renewable raw materials in a more economically, socially and environmentally sustainable manner;
Amendment 512 #
2009/2236(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Recognises the wide range of new priorities for the CAP and notes that the new Member States'’ expectation when they joined the European Union was that CAP supportpayments would, over time, reach parity with old Member States; therefore calls for the CAP’s budget requirements post-2013, proportionate to the tasks to be undertaken, to be announced as soon as possible and for the 2013 CAP budget amount to be at least maintained post-2013 if the EU is to meet its current commitments and successfully deliver the new priorities;
Amendment 525 #
2009/2236(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Calls for the 2-pillar model of the CAP to be maintained: Pillar 1 for non- cofinanced direct aid as a guarantee for farmers earning substantial legitimacy through a commitment to additional environmental and social criteria, and Pillar 2 for the development of rural areas with additional job-creation programmes;
Amendment 566 #
2009/2236(INI)
Motion for a resolution
Paragraph 48 – point 1
Paragraph 48 – point 1
(1) Believes that in order to reduce the disparities in the distribution of direct support funds between Member States, the hectare basis alone will not be sufficient and, therefore, calls for additional objective criteria such as a purchasing power coefficient to be ustied to achieve an overall balanced distributionthe support;
Amendment 651 #
2009/2236(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Believes that there should be a basic EU-funded direct area payment to all EU farmers in order to provide basic food security for European consumers, allow farmers to produce high-quality foowho are prepared, in addition to the existing rules on cross-compliance, to provide social and ecompetitively in relation to well subsidised trade partners (US), ensurlogical services; this would take thate faorming activity continues across of 10% of the EU land provide baseline public goods through cross-compliance requirements for Good Agricultural and Environmental Conditions, as well as high quality and animal welfare standards; calls for an absolute requirement of minimum activity to be included in the cross-compliance rulof each individual holding being farmed as ecological priority land in an alternating manner or 5% of the land being maintained as micro-biotopes, and proportionality to be the key principle applied when enforcing the rules;up to 20% of the possible payments being tied to the existence of agricultural jobs.
Amendment 669 #
2009/2236(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
Amendment 38 #
2009/2153(INI)
Motion for a resolution
Recital M
Recital M
M. whereas it is important to have a mandatory separate collection system, except where separating bio-waste from other types of waste would not be viable from the environmental and economic point of view (in particular where the logistics of separate collection do not make it possible to prevent bio-waste from being contaminated with other types of waste or polluting substances, or where separate collection infrastructure is not environmentally justified in rural or sparsely populated areas),
Amendment 65 #
2009/2153(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to establish a mandatory separate collection system for the Member States, except where this is not viable or is not the best option from the environmental and economic point of view;
Amendment 4 #
2009/2152(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that efforts by the transport sector to adapt will be particularly difficult in the face of climate change and that it is companies in the sector which are at present making the majority of the efforts; considers, however, that efforts by this sector and its companies to adapt may in no way be solely independent, bearing in mind what is at stake in terms of the competitiveness of the whole of the European economy, and that they must be fully taken into account in the strategic approach to adaptation, in particular by proposing action to increase the resilience of the transport sectorut rather require tighter regulation as a means of guaranteeing the competitiveness of European firms in the car industry as well as effective improvements for the environment;
Amendment 12 #
2009/2152(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Approves the action proposed in order to increase the resilience of physical infrastructure; stresses that such action must cover not only construction but also maintenance of infrastructure, including transportin particular public rail infrastructure;
Amendment 29 #
2009/2152(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 2 #
2009/2096(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the internalisation into transport prices of the external costs of transport (local emissions, CO2 emissions, habitat fragmentation, and health costs) in a fair, non-discriminatory way across the transport modes, graduated by level of pollution, would lead to an environmentally friendly choice of transport mode.
Amendment 5 #
2009/2096(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the predicted trend towards an increasing degree of urbanisation of our society, hence the increasing importance of spatial planning and attractive massand environmentally friendly local public transport systems, especially with regard to urban transport,
Amendment 19 #
2009/2096(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recognises the fact that road transport has brought down considerably its emissions of particulate matter (PM 10), acidifying substances and ozone precursors, but is still worried about its level of nitrogen oxides and of fine particulates (Term report 20081, fig. 5.1) . Is however particularly disappointed about its CO2 emissions, which in the period from 1990 - 2006 increased by 28 %, compared to a reduction of 3 % in the other sectors. Calls for freight traffic to be gradually transferred off the roads and onto rail. Calls for road building to be halted and the rail system expanded instead;
Amendment 31 #
2009/2096(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers Research and Development (R&D) to be key factor in our search for a sustainable future for transport because only a radical technological switchenvironmental reconstruction can bring about the much- needed emission reductions and the transition to low carbon transport. Points out to the Commission and the Member States that a significant cost-neutral reduction in transport emissions is already technically feasible; stresses that electric cars are not the way to bring about the much-needed emissions reduction in the coming decades; stresses that the present state of the motor industry is one of endemic structural deficit and that it must adapt to meet new demands; Urges the Commission and the Member States to identify the drivers for and barriers to possible innovation resulting from R&D and to prioritise investment in environmentally friendly infrastructure.
Amendment 24 #
2009/0173(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 28 #
2009/0173(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Manufacturers should have flexibility to decide how to meet their targets under this Regulation and should be allowed to average emissions over their new vehicle fleet rather than having to respect CO2 targets for each individual vehicle. Manufacturers should therefore be required to ensure that the average specific emission for all the new light commercial vehicles registered in the Community for which they are responsible does not exceed the average of the emissions targets for those vehicles. This requirement should be phased in between 2014 and 2016 in order to facilitate its introduction. This is consistent with the lead times given and the duration of the phase-in period set in Regulation 443/2009introduced with an emission target of 175 g CO2/km from 2012 and an emission target of 160 g CO2/km from 2015 in order to facilitate the transition.
Amendment 36 #
2009/0173(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 42 #
2009/0173(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year from 1 January 20142. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the premium mechanism should be similar to the one set in Regulation (EC) No 443/2009. The amounts of the excess emissions premium should be considered as revenue in the General Budget of the European Union.
Amendment 48 #
2009/0173(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Manufacturers’ compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year from 1 January 20142. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the premium mechanism should be similar to the one set in Regulation (EC) No 443/2009. The amounts of the excess emissions premium should be considered as revenue in the General Budget of the European Union.
Amendment 50 #
2009/0173(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The beneficial effects of speed limitation devices with regard to protection of the environment and energy consumption, the wear and tear of the motor and tyres and road safety will help attain the objectives of this regulation.
Amendment 54 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes CO2 emissions performance requirements for new light commercial vehicles. This Regulation sets the average CO2 emissions for new light commercial vehicles at 175 g CO2/km as of 2012 and at 160 g CO2/km as of 2015, by means of improvements in vehicle technology, as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures, and innovative technologies.
Amendment 55 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes CO2 emissions performance requirements for new light commercial vehicles. This Regulation sets the average CO2 emissions for new light commercial vehicles at 175 g CO2/km from 2012 and at 160 g CO2/km from 2015, by means of improvements in vehicle technology, as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures, and innovative technologies.
Amendment 58 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes CO2 emissions performance requirements for new light commercial vehicles. This Regulation sets the average CO2 emissions for new light commercial vehicles at 17560 g CO2/km, by means of improvements in vehicle technology, as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures, and innovative technologies.
Amendment 65 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, this Regulation sets a targete target set in this Regulation of 1325 g CO2/km for the average emissions of new light commercial vehicles registered in the Communityis to be achieved through improvements in vehicle technology, measured in accordance with Regulation (EC) No 715/2007 and its implementing rules.
Amendment 67 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, this Regulation sets a target of 1325 g CO2/km for the average emissions of new light commercial vehicles registered in the Community, to be achieved by means of improvements in vehicle technology, as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures.
Amendment 72 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, this Regulation sets a target of 1325 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.
Amendment 76 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the calendar year commencing 1 January 20142 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that its average specific emissions of CO2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation.
Amendment 79 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 89 #
2009/0173(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 95 #
2009/0173(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that its light commercial vehicles shall be equipped with speed limitation devices for which the maximum speed is set at 100 km/h.
Amendment 96 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the calendar year commencing 1 January 20142 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that its average specific emissions of CO2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation.
Amendment 105 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 117 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – introductory part and subpoint i
Article 8 – paragraph 2 – subparagraph 1 – point a – introductory part and subpoint i
Amendment 119 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint ii
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint ii
Amendment 120 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iii
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iii
Amendment 121 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv
Amendment 123 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv a (new)
(iv a) (Excess emissions × €120) × number of new light commercial vehicles.
Amendment 144 #
2009/0173(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 146 #
2009/0173(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that its light commercial vehicles shall be equipped with speed limitation devices for which the maximum speed is set at 100 km/h.
Amendment 149 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 1325 g CO2/km in a cost-effective manner; and
Amendment 150 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – introductory part
Article 12 – paragraph 4 – subparagraph 2 – introductory part
On the basis of such a review and its impact assessment, which includes an overall assessment of the impact on the car industry and its dependent industries, the Commission shall, if appropriate,
Amendment 151 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – indent 1
Article 12 – paragraph 4 – subparagraph 2 – indent 1
Amendment 156 #
2009/0173(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that its light commercial vehicles are equipped with speed limitation devices for which the maximum speed is set at 100 km/h.
Amendment 161 #
2009/0173(COD)
Proposal for a regulation
Annex 1 – paragraph 1 – point a – introductory part
Annex 1 – paragraph 1 – point a – introductory part
(a) From 20142 to 2017:
Amendment 174 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For the calendar year commencing 1 January 20121 and each subsequent calendar year, each Member State shall record information for each new light commercial vehicle registered in its territory in accordance with Part A of Annex II. This information shall be made available to the manufacturers and their designated importers or representatives in each Member State. Member States shall make every effort to ensure that reporting bodies operate in a transparent manner.
Amendment 180 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 28 February of each year, commencing in 20131, each Member State shall determine and transmit to the Commission the information listed in Part B of Annex II in respect of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II.
Amendment 184 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Commission shall keep a central register of the data reported by Member States under this Article and this register shall be publicly available. By 30 June 20131 and each subsequent year, the Commission shall provisionally calculate for each manufacturer:
Amendment 185 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. In relation to the calendar year 20120 and 20131 and on the basis of the calculations performed pursuant to paragraph 5, the Commission shall notify a manufacturer where it appears to the Commission that the manufacturer's average specific emissions of CO2 exceed its specific emissions target.
Amendment 196 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In respect of the period 1 January 20142 and every calendar year thereafter, the Commission shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer's average specific emissions of CO2 exceed its specific emissions target.
Amendment 202 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – introductory part
Article 8 – paragraph 2 – subparagraph 1 – point a – introductory part
(a) From 20142 to 2018:
Amendment 204 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint i
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint i
Amendment 211 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint ii
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint ii
Amendment 214 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint ii – indent 1
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint ii – indent 1
((Excess emissions – 2) × 295 € + 20 €) × number of new light commercial vehicles.
Amendment 215 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iii
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iii
Amendment 218 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iii – indent 1
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iii – indent 1
((Excess emissions – 1) × 1560 € + 5 €) × number of new light commercial vehicles.
Amendment 219 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv
Amendment 223 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv a (new)
(iva) (Excess emissions × €120) × number of new light commercial vehicles.
Amendment 224 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv – indent 1
Article 8 – paragraph 2 – subparagraph 1 – point a – subpoint iv – indent 1
Excess emissions × 15 € × number of new light commercial vehicles.
Amendment 263 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 1325 g CO2/km in a cost-effective manner; and
Amendment 264 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 1325 g CO2/km in a cost-effective manner; and
Amendment 267 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – introductory part
Article 12 – paragraph 4 – subparagraph 2 – introductory part
On the basis of such a review and its impact assessment, which includes an overall assessment of the impact on the car industry and its dependent industries, the Commission shall, if appropriate,
Amendment 268 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – indent 1
Article 12 – paragraph 4 – subparagraph 2 – indent 1
Amendment 291 #
2009/0173(COD)
Proposal for a regulation
Annex 1 – point 1 – subpoint a – line 1
Annex 1 – point 1 – subpoint a – line 1
(a) From 20142 to 2017:
Amendment 18 #
2009/0172(NLE)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The transfer at the earliest possible juncture of the irradiated fuel elements from the storage ponds in Units 3 and 4 to an external temporary storage facility is essential in order to make the closure of the two units irreversible on safety grounds, in keeping with the need to protect people and the environment.
Amendment 20 #
2009/0172(NLE)
Proposal for a regulation
Recital 6
Recital 6
Amendment 25 #
2009/0172(NLE)
Proposal for a regulation
Recital 7
Recital 7
(7) Consequently, provision should be made for a sum of EUR 300 million from the general budget of the European Union to fund the decommissioning of the Kozloduy Nuclear Power Plant over the period from 2010 to 2013. Of this sum, EUR 180 million should be used to support the decommissioning programme, and the remaining EUR 120 million to fund direct final storage arrangements and measures to develop the dry interim storage facilities which will be needed until final storage arrangements have been made.
Amendment 28 #
2009/0172(NLE)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Given the unresolved issue of final storage arrangements for irradiated fuel elements and radioactive waste, a problem which both Bulgaria and other Member States face, the Union has no choice but to provide financial support so that initial progress can be made in this area. In addition, the co-financing of final storage arrangements should make the reprocessing of irradiated fuel elements in Russia superfluous.
Amendment 30 #
2009/0172(NLE)
Proposal for a regulation
Recital 8
Recital 8
(8) The appropriations of the general budget of the European Union for decommissioning should not lead to distortions of competition in relation to power supply companies on the energy market in the Union. These appropriations should also be used to finance measures to compensate the loss of production capacity in line with the acquis. These appropriations should also be used to finance measures to compensate the loss of production capacity in line with the acquis.
Amendment 34 #
2009/0172(NLE)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the programme laying down detailed rules for the implementation of Community's financial contribution to address the decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant and the consequences of their closurefinal storage of radioactive substances in Bulgaria (hereinafter referred to as "Kozloduy Programme").
Amendment 35 #
2009/0172(NLE)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
The Community contribution to the Kozloduy programme shall be granted for the purpose of providing financial support for measures connected with the decommissioning of the Kozloduy Nuclear Power Plant, measures for environmental upgrading in line with the acquis and for modernising conventional production capacity to replace the production capacity of the four reactors at the Kozloduy Nuclear Power Plant and other measures which stem from the decision to close and decommission this plant and which contribute to the necessary restructuring, upgrading of the environment and modernisation of the energy production, transmission and distribution sectors in Bulgaria as well as to enhancing security of supply and energy efficiency in Bulgaria and for measures concerning the final storage of radioactive substances.
Amendment 104 #
2009/0076(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The purpose of this Regulation is to increase the free movement of biocidal products within the Community. In order to remove as far as possible obstacles to trade in biocidal products stemming from the different levels of protecfirst to ensure a high level of protection of both human and animal health and the environment from any harmful or unacceptable effects linked with the use of biocides and secondly to promote the internal market of low-risk biocidal products within the Community. Particular attention should be paid to the protection of vulnerable groups of the population, in the Member States, harmonised rucluding pregnant women, infants and children. The precautionary principles should be laid down for the approval of active substances and theapplied and this Regulation should ensure that industry demonstrates that substances or products produced or placinged on the market and use of biocidal products, including the rules on the mutual recognition of audo not have any harmful effect on human or animal health orisations and on parallel trade any unacceptable effects on the environment.
Amendment 110 #
2009/0076(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation is to ensure a high level of protection of both human and animal health and the environment and to improve the functioning of the internal market through the harmonisation of the rules on the making available on the market and the use of biocidal products, whilst ensuring a high level of protection of both human and animal health and the environment. The provisions of this Regulation are underpinned by the precautionary principle, the aim of which is to safeguard the health. The provisions of this Regulation are underpinned by the precautionary principle, in order to ensure that active substances or products placed on the market do not have harmful effects ofn humans, animals and the environment. non-target species and the environment. Special attention shall be paid to protecting children, pregnant women and the sick. Or. en (Reinstatement of amendment 341 from first reading.)
Amendment 116 #
2009/0076(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 123 #
2009/0076(COD)
Council position
Article 3 – paragraph 1 – point (f) - subparagraph 2 – indent 2 a (new)
Article 3 – paragraph 1 – point (f) - subparagraph 2 – indent 2 a (new)
Amendment 126 #
2009/0076(COD)
Council position
Article 3 – paragraph 1 – point aa
Article 3 – paragraph 1 – point aa
(aa) ‘"nanomaterial’" means nanomaterial as defined in Commissionany intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic of the nanoscale. Properties that are characteristic of the nanoscale include: (i) those related to the large specific surface area of the materials considered; and/or (ii) specific physico-chemical properties that are different from those of the non- nanoform of the same material. No later than six months after the adoption of Recommendation 20../…/EC of … … … concerning the definition of nanomaterials; , the Commission shall make a legislative proposal to include the definition in this Regulation. Or. en (Partial reinstatement of amendment 34 of first reading.)
Amendment 128 #
2009/0076(COD)
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An active substance shall be approvedincluded in Annex -I for an initial period not exceeding 10 years if at least one biocidal product containing that active substance may be expected to meet the criteriafulfils the conditions laid down in point (b) of Article 18(1) taking into account the factors set out in Article 18(2) and (5). An active substance referred to in Article 5 may only be included in Annex I for an initial period of 5 years. (Note: This amendment applies throughout the text. If adopted, reference to "approval of an active substance" is to be replaced by reference to "inclusion of an active substance in Annex -I", reference to "approval" by "inclusion in Annex -I", reference to "approved" by "included in Annex -I" etc. throughout the text.) Or. en (Reinstatement of amendment 39 from first reading.)
Amendment 129 #
2009/0076(COD)
Council position
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) active substances which, on the basis of the assessment of Union or internationally agreed test guidelines or other peer-reviewed scientific data and information, including a review of the scientific literature, reviewed by the Agency, are considered as having endocrine-disrupting properties that may cause adverse effect in humans, or which are identified in accordance with Articles 57(f) and 59(1) of Regulation (EC) No 1907/2006 as having endocrine disrupting properties; . Or. en (Reinstatement of part of amendment 44 from first reading.)
Amendment 131 #
2009/0076(COD)
Council position
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) the risk to humans or the environment from exposure to the active substance in a biocidal product, under realistic worst case conditions of use, is negligible, in particular wheremeaning that the product is used in closed systems or strictly controlled conditions; under other conditions excluding contact with humans; Or. en (Reinstatement of part of amendment 44 from first reading.)
Amendment 133 #
2009/0076(COD)
Council position
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) it is shown by evidence that the active substance is essentialnecessary to prevent or to control a serious danger to public or animal health or to the environment; or (Reinstatement of part of amendment 44 from first reading. Linked to the amendment deleting, to food and feed safety, or to the public interest and that there are no effective alternative substances or technologies available. The use of any biocidal product containing active substances included in Annex I pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised. Member State authorising a biocidal product containing an active substance included in Annex I pursuant to this paragraph shall draw up a substitution plan concerning the control of the serious danger by other means including non- chemical methods, which are as effective as the biocidal product concerned and shall without delay transmit that plan to the Commission. The use of the biocidal product with the active substance concerned shall be restricted to those Member States where the serious danger has to be prevented or, if it occurs, controlled. Or. en Article 5(2)(c) and the last subparagraph - should be voted together.)
Amendment 135 #
2009/0076(COD)
Council position
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
Amendment 137 #
2009/0076(COD)
Council position
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 139 #
2009/0076(COD)
Council position
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
Amendment 151 #
2009/0076(COD)
Council position
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
Amendment 157 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
1. Notwithstanding Article 4(1), active substances referred to in paragraph 2 shall be included in Annex I only if at least onell of the following conditions isare met:
Amendment 158 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
a) the exposure of humans to that active substance in a biocidal product, under normalrealistic and all worst-case conditions of use, is negligible, in particular where the product is used in closed systems or strictly controlled conditions;
Amendment 162 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
b) it is shownproven by the applicant on the basis of documented evidence that the active substance is necessary to control a serious danger to public health which cannot be contained by any other available means, including non-chemical means;
Amendment 164 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point c
Article 5 – paragraph 1 – subparagraph 1 – point c
c) it is shown that not including the active substance in Annex I would cause disproportionate negative impacts when compared with the risk to human health or the environment arising from the use of the substancewith a comparative assessment it is shown that there are no chemical or non- chemical alternative substances or technologies for the purpose concerned and which present significantly lower risk and that there are no suitable alternative substances or technologies.rm for human or animal health or the environment;
Amendment 166 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point c a (new)
Article 5 – paragraph 1 – subparagraph 1 – point c a (new)
ca. the use of the active substance is subject to risk mitigation measures to ensure that exposure to humans and the environment is minimised and regularly monitored;
Amendment 167 #
2009/0076(COD)
Council position
Article 18 – paragraph 1 – point e a (new)
Article 18 – paragraph 1 – point e a (new)
Amendment 167 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point c b (new)
Article 5 – paragraph 1 – subparagraph 1 – point c b (new)
cb. a substitution plan on how to control the serious danger by other means, including non-chemical methods, is presented by the applicant.
Amendment 171 #
2009/0076(COD)
Council position
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Notwithstanding paragraphs 1 and 4, a biocidal product may be authorised when the conditions laid down in paragraph 1(b)(iii) and (iv) are not fully met, or may be authorised for making available on the market for use by the general public when the criteria referred to in paragraph 4(c) are met, where notwhere it is shown by evidence that the biocidal product is necessary to prevent or control a serious danger to public or animal health or to the environment, to food and feed or to the public interest and that there are no effective alternative products or technologies available. The use of any biocidal product authorised pursuant to this paragraph shall be subject to appropriate risk mitigation measures to ensure that exposure of humans and the environment is minimised. A Member State authorising thea biocidal product would result in disproportionate negative impacts for society when compared to the risks to human or animal health or to the environment arising from tauthorised pursuant to this paragraph shall draw up a substitution plan concerning the control of the serious danger by other means including non- chemical methods, which are as effective as the biocidal product concerned and shall without delay transmit that plan to the Commission. The use of theany biocidal product under the conditions laid down in the authorisationauthorised pursuant to this paragraph shall be restricted to those Member States where the serious danger has to be prevented or, if it occurs, controlled.
Amendment 171 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 172 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)
Article 5 – paragraph 1 – subparagraph 2 a (new)
2a. The active substance shall only be included in Annex I once, for a period not exceeding five years.
Amendment 180 #
2009/0076(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
da) Active substances containing nanomaterials.
Amendment 192 #
2009/0076(COD)
Council position
Article 24 – paragraph 1 – point b a (new)
Article 24 – paragraph 1 – point b a (new)
Amendment 215 #
2009/0076(COD)
Council position
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Article 36 – paragraph 1 – subparagraph 1 – introductory part
By way of derogation from Article 31(2), any of the Member States concerned may propose to refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted, provided that such a measure can be justified on grounds of: Or. en (Amendment to be coherent with amendment 342 from first reading.)
Amendment 216 #
2009/0076(COD)
Council position
Article 36 – paragraph 1 – subparagraph 1 – point c
Article 36 – paragraph 1 – subparagraph 1 – point c
(c) the protection of health and life of humans, animals or plants; particularly of vulnerable groups, or of animals or plants; Or. en (Partial reinstatement of amendment 343 from first reading)
Amendment 219 #
2009/0076(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Unless otherwisestricter specified in the decision to renew the inclusion of an active substance in Annex I, the renewal shall be for an unlimitednot exceeding a maximum period of time5 years.
Amendment 220 #
2009/0076(COD)
Council position
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
Any of the Member States concerned may, in particular, propose in accordance with the first subparagraph to, refuse to grant an authorisation or to adjust the terms and conditions of the authorisation to be granted for a biocidal product containing an active substance to which Article 5(2) or 10(1) applies. Or. en (Amendment to be coherent with amendment 342 from first reading.)
Amendment 223 #
2009/0076(COD)
Council position
Article 36 – paragraph 2 – subparagraph 2 – introductory part
Article 36 – paragraph 2 – subparagraph 2 – introductory part
If the Member State concerned is unable to reach agreement with the applicant or receives no reply from the applicant within 60 days of that communication it shall without delay inform othe Commission. In that case, the Commission: (Reinstatement of amendment 342 from first reading. Linked to the deletion of the rest of thisr Member States and the Commission of any decision taken in this respect and its justification. Or. en paragraph)
Amendment 224 #
2009/0076(COD)
Council position
Article 36 – paragraph 2 – subparagraph 2 – point a
Article 36 – paragraph 2 – subparagraph 2 – point a
Amendment 226 #
2009/0076(COD)
Council position
Article 36 – paragraph 2 – subparagraph 2 – point b
Article 36 – paragraph 2 – subparagraph 2 – point b
Amendment 228 #
2009/0076(COD)
Council position
Article 36 – paragraph 2 – subparagraph 3
Article 36 – paragraph 2 – subparagraph 3
Amendment 235 #
2009/0076(COD)
Council position
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. Applicants may apply for Union authorisation for biocidal products which have similar conditions of use across the Union and which fall within the following categories of biocidal products: (Partial reinstatement of amendment of am 359 from first reading , except any product that contains active substances that fall under Article 5 or 10: Or. en view to find a modified way with acompromise with Council.)
Amendment 235 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint i
Article 16 – paragraph 1 – point b – subpoint i
i) it is necessary and sufficiently effective;
Amendment 236 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint ii
Article 16 – paragraph 1 – point b – subpoint ii
ii) it has no unacceptablereal or potential effects on the target organisms, in particular unacceptable resistance or cross-resistance or unnecessary suffering and pain for vertebrates;
Amendment 238 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint iii
Article 16 – paragraph 1 – point b – subpoint iii
iii) it has no unacceptablreal or potential adverse effects itself or as a result of its metabolites and residues, directly or indirectly, on humanthe health of humans, particularly of vulnerable groups, or animal health;
Amendment 239 #
2009/0076(COD)
Council position
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
Amendment 240 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint iv – introductory part
Article 16 – paragraph 1 – point b – subpoint iv – introductory part
iv) it has no unacceptablreal or potential adverse effects itself, or as a result of its residues, on the environment having particular regard to the following considerations:
Amendment 241 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b – subpoint iv – indent 1
Article 16 – paragraph 1 – point b – subpoint iv – indent 1
- its fate and distribution in the environment including long-distance distribution;
Amendment 244 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
a) all normal conditions or other realistic scenarios like accidents under which the biocidal product may be used;
Amendment 245 #
2009/0076(COD)
Council position
Article 43 – paragraph 4 – subparagraph 2
Article 43 – paragraph 4 – subparagraph 2
Amendment 245 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)
Article 16 – paragraph 2 – point c a (new)
ca) cumulative or synergistic effects.
Amendment 247 #
2009/0076(COD)
Proposal for a regulation
Article 16 – paragraph 5 – point b a (new)
Article 16 – paragraph 5 – point b a (new)
ba) considered to have endocrine disrupting properties.
Amendment 259 #
2009/0076(COD)
Council position
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where the release of the active substances contained in the biocidal products with which a treated article was treated or which it incorporates, is intended or expected under normal or reasonably foreseeable conditions of use, or where the active substance contained in the biocidal product with which a treated article was treated, or which it incorporates, is classified or meets the criteria for classification in accordance with Regulation (EC) No 1272/2008, or meets the criteria of Article 5(1)(d) or (e), the person responsible for the placing on the market of that treated article shall ensure that the label provides the following information: Or. en (Attempt to find a compromise between Council and Parliament.)
Amendment 259 #
2009/0076(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point c – subpoint vi a (new)
Article 17 – paragraph 1 – subparagraph 2 – point c – subpoint vi a (new)
via) explosive;
Amendment 260 #
2009/0076(COD)
Council position
Article 57 – paragraph 3 – point c a (new)
Article 57 – paragraph 3 – point c a (new)
Amendment 261 #
2009/0076(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1 – point c – subpoint vi b (new)
Article 17 – paragraph 1 – subparagraph 1 – point c – subpoint vi b (new)
vib)corrosive;
Amendment 262 #
2009/0076(COD)
Council position
Article 57 – paragraph 4
Article 57 – paragraph 4
Amendment 262 #
2009/0076(COD)
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point c – subpoint vi c(new)
Article 17 – paragraph 1 – subparagraph 2 – point c – subpoint vi c(new)
vic) very toxic or toxic.
Amendment 279 #
2009/0076(COD)
Council position
Article 64 – paragraph 4 a (new)
Article 64 – paragraph 4 a (new)
Amendment 298 #
2009/0076(COD)
Council position
Article 68 – paragraph 2 – subparagraph 1 – point aa (new)
Article 68 – paragraph 2 – subparagraph 1 – point aa (new)
Amendment 304 #
2009/0076(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 312 #
2009/0076(COD)
Council position
Article 89 – paragraph 2 – subparagraph 1
Article 89 – paragraph 2 – subparagraph 1
Amendment 318 #
2009/0076(COD)
Council position
Annex II – point 5
Annex II – point 5
5. Tests submitted for the purpose of authorisation shall be conducted according to the methods described in Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)66 . Methods listed in Annex I do not cover nanomaterials, except where specifically mentioned. However, if a method is inappropriate or not described, other methods shall be used which are, whenever possible, internationally recognised and must be justified in the application. scientifically satisfactory and the validity of which must be justified in the application. Or. en (Reinstatement of amendment 346 from first reading)
Amendment 322 #
2009/0076(COD)
Council position
Annex II – Title 1 – 8.9. Repeated dose toxicity – Column 1 – point(iii)
Annex II – Title 1 – 8.9. Repeated dose toxicity – Column 1 – point(iii)
8.9 Repeated dose toxicity (iii) dermal toxicity is recognised for structurally related substances and for example is observed at lower doses than in the oral toxicity test orand dermal absorption is comparable or higher than oral absorption
Amendment 328 #
2009/0076(COD)
Council position
Annex II – Title 1 – 8.13 – Column 1 – paragraph 1a(new)
Annex II – Title 1 – 8.13 – Column 1 – paragraph 1a(new)
Other available data Available data from emerging methods and models, including toxicity pathway- based risk assessment, in vitro and ‘omic (genomic, proteomic, metabolomic, etc.) studies, systems biology, computational toxicology, bioinformatics, and high- throughput screening shall be submitted in parallel.
Amendment 337 #
2009/0076(COD)
Council position
Annex III – point 5
Annex III – point 5
5. Tests submitted for the purpose of authorisation shall be conducted according to the methods described in Regulation (EC) No 440/2008. Methods listed in Annex I do not cover nanomaterials, except where specifically mentioned. However, if a method is inappropriate or not described, other methods shall be used which are, whenever possible, internationally recognised and scientifically appropriate and must be justified in the application. scientifically satisfactory and the validity of which must be justified in the application Or. en (Reinstatement of amendment 293 from first reading.)
Amendment 342 #
2009/0076(COD)
9.2. Further Ecotoxicological studies Further studies chosen from among the endpoints referred to in Annex II, Section 9 for relevant components of the biocidal product or the biocidal product itself may be required if the data on the active substance cannot give sufficient information and if there are indications of risk due to specific properties of the biocidal product. Vertebrate animal testing should be restricted to acute studies.
Amendment 554 #
2009/0076(COD)
Proposal for a regulation
Annex IV – title
Annex IV – title
Amendment 555 #
2009/0076(COD)
Proposal for a regulation
Annex IV – introductory paragraph
Annex IV – introductory paragraph
Amendment 557 #
2009/0076(COD)
Proposal for a regulation
Annex IV – point 1.4 – paragraph 2 – point 2
Annex IV – point 1.4 – paragraph 2 – point 2
(2) results are adequate for the purpose of classification and labelling and/or risk assessment; and
Amendment 560 #
2009/0076(COD)
Proposal for a regulation
Annex IV – point 1.5 – paragraph 3 – indent 1
Annex IV – point 1.5 – paragraph 3 – indent 1
– be adequate for the purpose of classification and labelling and/or risk assessment,
Amendment 561 #
2009/0076(COD)
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
Amendment 562 #
2009/0076(COD)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
Amendment 569 #
2009/0076(COD)
Proposal for a regulation
Annex VI – introduction – point 4
Annex VI – introduction – point 4
Amendment 571 #
2009/0076(COD)
Proposal for a regulation
Annex VI – evaluation – point 14
Annex VI – evaluation – point 14
14. A risk assessment on the active substance present in the biocidal product shall always be carried out. If there are, in addition, any substances of concern present in the biocidal product then a risk assessment shall be carried oull available data shall be included in the dossier for authorisation of a biocidal product for each of these. The risk assessmentdata shall cover the proposed normal use of the biocidal product together with a realistic worst-case scenario including any relevant production and disposal issue either of the biocidal product itself or any material treated with it.
Amendment 575 #
2009/0076(COD)
Proposal for a regulation
Annex VI – evaluation – point 47
Annex VI – evaluation – point 47
47. Data shall be submitted to and evaluated by the competent authorities to assess whether the biocidal product does not cause unnecessary suffering and pain in its effect on target vertebrates. This shall include an evaluation of the mechanism by which the effect is obtained and the observed effects on the behaviour and health of the target vertebrates; where the intended effect is to kill the target vertebrate the time necessary to obtain the death of the target vertebrate and the conditions under which death occurs shall be evaluated. These findings shall for each authorised biocidal product be made publicly available on the Agency website.
Amendment 578 #
2009/0076(COD)
Proposal for a regulation
Annex VI – decision making – point 77 – introductory part
Annex VI – decision making – point 77 – introductory part
77. The competent authorities or the Commission shall not authorise a biocidal product if the foreseeable concentration of the active substance or a substance of concern or of relevant metabolites, breakdown or reaction products to be expected in groundwater or surface water or its sediments after use of the biocidal product under the proposed conditions of use:
Amendment 579 #
2009/0076(COD)
Proposal for a regulation
Annex VI – decision making – point 77 – indent 2 a (new)
Annex VI – decision making – point 77 – indent 2 a (new)
– – risk a non-achievement of the objectives or standards fixed by: – Directive 98/83/EC, or –Directive 2000/60/EC or –Directive 2006/118/EC or –Directives 2008/56/EC, or –Directive 2008/105/EC, or - international agreements containing important obligations on the protection of marine waters from pollution or
Amendment 580 #
2009/0076(COD)
Proposal for a regulation
Annex VI – decision making – point 77 – last part
Annex VI – decision making – point 77 – last part
Amendment 58 #
2008/0241(COD)
Proposal for a directive
Article 1
Article 1
This Directive lays down measures to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste from electrical and electronic equipments and by reducing overall impacts of resource use and improving the efficiency of such use, in accordance with Articles 1 and 4 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste1. It contributes to sustainable production and recovery by requiring all operators involved in product life cycles to improve their environmental standards. 1 OJ L 312, 22.11.2008, p. 3.
Amendment 89 #
2008/0241(COD)
Council position
Recital 15 a (new)
Recital 15 a (new)
(15a) The Scientific Committee on Emerging and Newly Identified Health Risks, in its opinion on ‘Risk Assessment of Products of Nanotechnology’ of 19 January 2009, stated that exposure to nanomaterials that are firmly embedded in large structures, for example in electronic circuits, may occur in the waste phase and during recycling. To control possible risks to human health and the environment from the treatment of WEEE containing nanomaterials, selective treatment may be necessary. It is appropriate for the Commission to assess whether selective treatment should be applied to relevant nanomaterials.
Amendment 109 #
2008/0241(COD)
Council position
Article 7 – paragraph 6
Article 7 – paragraph 6
6. On the basis of a report of the Commission accompanied, if appropriate, by a legislative proposal, the European Parliament and the Council shall, by …*31 December 2012, re-examine the collection rate of 45 % and the relatedand the deadlines referred to in paragraph 1 with a view inter alia to possibly setting individual collection rates for one or more categories set out in Annex III, particularly for photovoltaic panels, temperature exchange equipment and for lamps containing mercury. _________ * OJ: Please insert the date - 3 years from the date of entry into force of this Directive, lamps, including light bulbs, and small appliances, including small IT and telecommunications devices.
Amendment 110 #
2008/0241(COD)
Council position
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
The Commission shall evaluate, as a matter of priority, whether the entries regarding printed circuit boards for mobile phones and liquid crystal displays need to be amended. The Commission shall evaluate whether amendments to Annex VII are necessary to address relevant nanomaterials.
Amendment 112 #
2008/0241(COD)
Council position
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Regarding all WEEE separately collected in accordance with Article 5 and sent for treatment in accordance with Articles 8, 9 and 10, Member States shall ensure that producers meet the following minimum targets set out in Annex V. as from …*: (a) for WEEE falling under categories 1 and 4 of Annex III, – 85 % shall be recovered, – 75 % shall be recycled and – 5 % shall be prepared for reuse; (b) for WEEE falling under category 2 of Annex III, – 80 % shall be recovered, – 65 % shall be recycled and – 5 % shall be prepared for reuse; (c) for WEEE falling under category 3 of Annex III, – 75 % shall be recovered and – 50 % shall be recycled; (d) for WEEE falling under category 5 of Annex III, – 75 % shall be recovered, – 50 % shall be recycled and – 5 % shall be prepared for reuse; (e) for WEEE falling under category 6 of Annex III, – 85 % shall be recovered, – 75 % shall be recycled and – 5 % shall be prepared for reuse; (f) for gas discharge lamps, 80 % shall be recycled; (g) for photovoltaic panels, 80 % shall be recycled. _______ * The date of entry into force of this Directive.
Amendment 116 #
2008/0241(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall adopt appropriate measures to minimiseprevent the disposal of WEEE in the form of unsorted municipal waste and to achieve a high level of separate collection of WEEE , notably, and as a matter of priority, for cooling and freezing equipment containing ozone depleting substances and fluorinated greenhouse gases, mercury-containing lamps and small appliances.
Amendment 126 #
2008/0241(COD)
Council position
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that shipments of used EEE suspected to be WEEE are carried out in accordance with the minimum requirements in Annex VI and shall monitor such shipments accordingly.
Amendment 131 #
2008/0241(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to Article 5(1), Member States shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 685% is achieved. The collection rate is calculated on the basis of the total weight of WEEE , in each of the categories of equipment set out in Annex I, collected in accordance with Articles 5 and 6 in a given year in that Member State, expressed as a percentage of the average weight of electrical and electronic equipment, in each of the categories set out in Annex I, placed on the market in the twohree preceding years in that Member State. This collection rate shall be achieved annually and starting in 2016. From 2013 until the end of 2015, Member States shall ensure that an identically calculated minimum collection rate of 45% is achieved annually.
Amendment 139 #
2008/0241(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Without prejudice to Article 5(1), Member States shall ensure that a minimum collection rate of 45% is achieved for mercury-containing lamps by the beginning of 2016. The collection rate is calculated on the basis of the total weight of mercury-containing lamps collected in a given year, expressed as a percentage of the average weight of mercury-containing lamps placed on the market in that Member State in the three preceding years. From 2012 until the end of 2015, Member States shall ensure that an identically calculated minimum collection rate of 30% is achieved annually.
Amendment 160 #
2008/0241(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that all separately collected WEEE undergoes treatment. The Commission shall press on with developing harmonised standards for the collection, treatment and recycling of WEEE, in particular by tasking the European Committee for Standardisation accordingly, so that harmonised standards are developed within 12 months of this Directive’s entry into force. The standards will be established using methods, to be developed, for checking the characteristics of products at the end of their service lives with regard to disassembly, usability and reducing the presence of dangerous substances. Transactions with organisations that have not registered or obtained a permit, and are thus not subject to such checks, will be prohibited.
Amendment 165 #
2008/0241(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. As well as the removal of all fluids, treatment shall include manual, mechanical, chemical or metallurgical processing in the course of which hazardous substances, preparations and components are removed at the earliest possible stage and as completely as is technically achievable. Such removal shall be effected before other forms of processing are carried out that could result in the dispersal of hazardous components. Shredding is not deemed to constitute removal.
Amendment 208 #
2008/0241(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. In addition to the producer responsibility for financing provided for in Article 12(1), and with a view to increasing WEEE collection rates, the Member States shall ensure that sufficient financing is made available under the polluter pays principle. This financing must be available, from the date of sale of an appliance, to the municipalities or other operators that have a duty to collect WEEE, so that the collection of WEEE from private consumers, its reception at collection points and the funding of information campaigns is ensured. The Member States shall vigorously promote a transparent information policy; they shall publish details of WEEE collection costs and methods.
Amendment 250 #
2008/0241(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 12 no later than [18 months after the day of this Directive’s publication in the Official Journal of the European Union] so that the appropriate financial guarantees, as required by Article 12.2 of the Directive, are provided.
Amendment 266 #
2008/0241(COD)
Proposal for a directive
Annex I A (new)
Annex I A (new)
ANNEX IA Categories of electrical and electronic equipment covered by this Directive 1. Cooling appliances and radiators 2. Screens and monitors 3. Lamps 4. Large appliances other than those covered by 1, 2, 3 and 6. Large appliances are appliances that cannot be carried manually by one person. 5. Small appliances other than those covered by 1, 2, 3 and 6. Small appliances are appliances that can easily be carried manually by one person. 6. Information and communication technology (ICT) appliances
Amendment 271 #
2008/0241(COD)
Proposal for a directive
Annex I B (new)
Annex I B (new)
Amendment 92 #
2008/0240(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Exemptions from the substitution requirement should be permitted if substitution is not possible from the scientific and technical point of view, taking specific account of the situation of SMEs or if the negative environmental, and health or socio-economic impacts caused by substitution are likely to outweigh the health, and environmental or socio-economic benefits of the substitution or the availability and reliability of substitutes is not ensured. Substitution of the hazardous substances in electrical and electronic equipment should also be carried out in a way so as to be compatible with the health and safety of users of electrical and electronic equipment. The placing on the market of medical devices requires a conformity assessment procedure, according to Directives 93/42/EC and 98/79/EC, which could require the involvement of a notified body designated by Competent Authorities of Member States. If such a notified body certifies that the safety of the potential substitute for the intended use in medical devices or in vitro medical devices is not demonstrated, this will be viewed as a clear negative socio- economic, health and consumer safety impact. It should be possible to apply for exemptions of equipment coming under the scope of this Directive from the date of its entry into force, even when that is before the actual inclusion in the scope of that equipment.
Amendment 270 #
2008/0240(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 313 #
2008/0240(COD)
Proposal for a directive
Annex IV
Annex IV
Prohibited substances referred to in Article 4(7) and maximum concentration values tolerated by weight in homogeneous materials Part A Lead (0.1 %) Mercury (0.1 %) Cadmium (0.01 %) Hexavalent chromium (0.1 %) Polybrominated biphenyls (PBB) (0.1 %) Polybrominated diphenyl ethers(PBDE) (0.1 %) Part B Arsenic compounds (0.1%) Beryllium and its compounds (0.1%) Antimony trioxide (0.1%) Bisphenol A (0.1 %) Organobromines other than brominated flame retardants (0.1%) Organochlorines other than chlorinated flame retardants or plasticisers (0.1%) Carbon nanotubes similar to asbestos (limit of detection) Polyvinylchloride (PVC) (0.1 %) Chlorinated plasticisers (0.1 %) Bis (2-ethylhexyl) phthalate (DEHP) (0.1%) Butyl benzyl phthalate (BBP) (0.1 %) Dibutylphthalate (DBP) (0.1 %) Nanosilver (limit of detection)
Amendment 337 #
2008/0240(COD)
Proposal for a directive
Annex VI a (new)
Annex VI a (new)
Amendment 100 #
2008/0142(COD)
Council position
Recital 8
Recital 8
(8) This Directive aims to establish rules for facilitatingcomplement Regulation (EC) No 883/2004 with regard to the access to safe and high- quality cross- border healthcare in the Union and to ensure patient mobility in accordance with the principles established by the Court of Justice and to promote cooperation on healthcare between Member Statesthe application of patients' rights in the context of patient mobility, whilst fully respecting the responsibilities of the Member States for the definition of social security benefits relating to health and for the organisation and delivery of healthcare and medical care and social security benefits, in particular for sickness.
Amendment 114 #
2008/0142(COD)
Council position
Recital 27
Recital 27
Amendment 118 #
2008/0142(COD)
Council position
Recital 32
Recital 32
Amendment 123 #
2008/0142(COD)
Council position
Recital 44
Recital 44
(44) The Member States should decide on the form and number of their national contact points. Such national contact points may also be incorporated in, or build on, activities of existing information centres provided that it is clearly indicated that they are also national contact points for cross-border healthcare. The national contact points should have appropriate facilities to provide information on the main aspects of cross-border healthcare, including the potential risks involved. The Commission should work together with the Member States in order to facilitate cooperation regarding national contact points for cross-border healthcare, including making relevant information available at Union level. The existence of national contact points should not preclude Member States from establishing other linked contact points at regional or local level, reflecting the specific organisation of their healthcare system.
Amendment 133 #
2008/0142(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides rules for facilitating theaims at complementing the existing framework on the coordination of social security systems, Regulation EC (No) 883/2004, with a view to application of patients' rights in the context of access to safe and, high- quality cross-border healthcare and promotes cooperation on healthcare between Member States, in full respect of national competencies in organising and delivering healthcareand efficient cross-border healthcare, in full respect of national competencies in organising and delivering healthcare. This Directive establishes a general framework for patients' rights regarding cross-border mobility.
Amendment 145 #
2008/0142(COD)
Council position
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) patients receive upon request relevant information on the standards and guidelines referred to in paragraph 1, including provisions on supervision and assessment of healthcare providers, and information on which healthcare providers are subject to these standards and guidelines, as well as information on the potential risks of cross-border healthcare;
Amendment 149 #
2008/0142(COD)
Council position
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) there are transparent complaints procedures and mechanisms for patients to seek remedies, which are free of charge and in accordance with the legislation of the Member State of treatment if they become aware of or suffer harm arising from the healthcare they receive;
Amendment 151 #
2008/0142(COD)
Council position
Article 4 – paragraph 2 – point f a (new)
Article 4 – paragraph 2 – point f a (new)
(fa) healthcare providers do not deny healthcare to any patient, whether they be a citizen of the same or of another Member State, on account of the socio- economic position of the patient;