Activities of Catherine SOULLIE

Othmar KARAS, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anja WEISGERBER, Andreas SCHWAB, Catherine SOULLIE, Hans-Peter MAYER, Philippe JUVIN, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13 a (new)

13a. Underlines the necessity of strengthening SMEs capabilities when it comes to project designing and proposal writing, including technical assistance and suitable education programmes;

2011/02/10
Committee: IMCO

2010/2277(INI)

Motion for a resolution
Paragraph 13 b (new)

13b. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;

2011/02/10
Committee: IMCO

2010/2277(INI)

Othmar KARAS, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Catherine SOULLIE, Anja WEISGERBER, Andreas SCHWAB, Constance LE GRIP, Hans-Peter MAYER, Philippe JUVIN, Anna Maria CORAZZA BILDT, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 14 a (new)

14a. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;

2011/02/10
Committee: IMCO

2010/2277(INI)

Philippe JUVIN, Constance LE GRIP, Catherine SOULLIE, Damien ABAD

Motion for a resolution
Paragraph 15

15. Swarmly welcomes the Commission's initiative for a Directive introducing a common consolidated corporate tax base and stresses that a common consolidated corporate tax base would increase the transparency and comparability of corporate tax rates, thus reducing the obstacles to cross-border activities;

2011/02/10
Committee: IMCO

2010/2277(INI)

Philippe JUVIN, Catherine SOULLIE, Damien ABAD

Motion for a resolution
Paragraph 20

20. Emphasises the importance of proper implementation of the Professional Qualifications Directive; urges the Commission to propose measures for the creation of EU-wide professional cards where appropriate while ensuring the protection of personal data;

2011/02/10
Committee: IMCO

2010/2277(INI)

Philippe JUVIN, Constance LE GRIP, Catherine SOULLIE, Damien ABAD

Motion for a resolution
Paragraph 22

22. Highlights the importance of the external dimension of the internal market and in particular of regulatory cooperation with main trading partners whether at bilateral or multilateral levels with the objective of promoting regulatory convergence, equivalence of third-country regimes and the wider adoption of international standards; insists on the necessity to ensure increased loyalty in international trade exchanges by guaranteeing the principle of reciprocity, especially in the field of public procurement, competition policy, and intellectual property rights;

2011/02/10
Committee: IMCO

2010/2245(INI)

Catherine SOULLIE, Amalia SARTORI, Constance LE GRIP, Philippe JUVIN

Draft opinion
Paragraph 1 a (new)

1a. Supports the Commission’s willingness to breathe life into neglected intellectual property; believes that one way to achieve this could be the creation of a European Funds for Patents, which would create patents pools through a system of licences to the benefice of European enterprises, especially innovative SMEs;

2011/03/03
Committee: IMCO

2010/2245(INI)

Catherine SOULLIE, Amalia SARTORI, Constance LE GRIP

Draft opinion
Paragraph 3

~~3. Strongly advocates an eco-innovation action plan centred on SMEs and micro- enterprises in urban and rural regions whereby they would employ young people;~~deleted

2011/03/03
Committee: IMCO

2010/2245(INI)

Catherine SOULLIE, Amalia SARTORI, Constance LE GRIP

Draft opinion
Paragraph 4

4. Stresses the importance of speeding up the simplification of the EU's research and innovation programmes in order to increase the scope for enterprises to participate in EU-funded projects; underlines the necessity of strengthening SMEs capabilities when it comes to project designing and proposal writing, including technical assistance and suitable education programmes;

2011/03/03
Committee: IMCO

2010/2245(INI)

Amalia SARTORI, Catherine SOULLIE

Draft opinion
Paragraph 5

5. Urges the Commission to support the efforts of the public sector to adopt innovative approaches~~, explo~~ and launch the new research programme on innovation in the public sector within~~g new~~ the scheduled timeframe in order to identify the best technologies and procedures and disseminat~~ing~~e best practices in public administration which will reduce bureaucracy and embrace citizen-centred policies;

2011/03/03
Committee: IMCO

2010/2245(INI)

Amalia SARTORI, Catherine SOULLIE

Draft opinion
Paragraph 6

6. Calls on the Commission ~~and~~, Member States and local and regional authorities to encourage the use of pre- commercial procurement ~~as an integral part of the EU’s innovation strategy~~, including joint and electronic procurement, whilst paying due attention to compliance with data protection rules, as an integral part of the EU’s innovation strategy and with particular reference to procurement connected with innovation partnerships; calls in particular on the Commission to clarify the relevant rules ~~and enable contracting~~by providing guidelines enabling public authorities across the board to make ~~actual~~the best use of pre-commercial procurement;

2011/03/03
Committee: IMCO

2010/2245(INI)

Catherine SOULLIE, Amalia SARTORI, Constance LE GRIP

Draft opinion
Paragraph 7

7. Calls on the Commission and the Member States to launch a strategy and an open dialogue aimed at tackling high prices, in particular for basic goods and services, in the internal market and support affordable innovative products without undermining wages.deleted

2011/03/03
Committee: IMCO

2010/2245(INI)

Constance LE GRIP, Amalia SARTORI, Catherine SOULLIE, Damien ABAD

Draft opinion
Paragraph 7 a (new)

7a. Considers that public funding to innovation should be increased; therefore invites the Commission to review the rules applicable to state aid, including by making more flexible the limit of 50% for public co-funding;

2011/03/03
Committee: IMCO

2010/2245(INI)

Draft opinion
Paragraph 7 a (new)

7a. Calls on the Member States to modernise their education systems, particularly in the scientific field; encourages greater consultation and closer partnerships between businesses and universities in order to ensure that the skills acquired in the course of studies correspond as closely as possible to the requirements of the various sectors of the economy; stresses that it is important to improve the attractiveness of European higher education institutions for researchers and, for that purpose, supports making the European ‘Marie Curie’ scholarships system permanent, as it plays an essential role in encouraging researcher mobility within the European Union;

2011/03/03
Committee: IMCO

2010/2245(INI)

Catherine SOULLIE, Amalia SARTORI, Philippe JUVIN

Draft opinion
Paragraph 7 a (new)

7a. Highlights the necessity of speeding- up and modernising standard-setting to better facilitate interoperability and foster innovation in fast growing global markets;

2011/03/03
Committee: IMCO

2010/2245(INI)

Catherine SOULLIE, Amalia SARTORI, Constance LE GRIP, Philippe JUVIN

Draft opinion
Paragraph 7 a (new)

7a. Insists on the importance of achieving a well-functioning European Research Area by 2014, by establishing an overarching governance structure, progressively aligning national programmes, streamlining administration rules and enhancing cross-border mobility of researchers;

2011/03/03
Committee: IMCO

2010/2114(INI)

Draft opinion
Paragraph 2

2. Shares the view that such substances are extremely difficult to handle and "that the probability of such attacks occurring is therefore rather low"; therefore stresses that all measures taken should be proportional to the probable risks; points out that the securisation of both transport and storage of CBRN materials is an undeniable and inevitable part of the EU process to make access to these materials as difficult as possible hence tackling CBRN materials related insecurity;

2010/10/05
Committee: AFET

2010/2114(INI)

Draft opinion
Paragraph 4 – indent 1

– the establishment as soon as possible of a European nuclear weapon-free zone by means of the withdrawal of all non- European nuclear weapons and the swiftest possible disarmament of the EU Member States in accordance with Article VI of the NPT;deleted

2010/10/05
Committee: AFET

2010/2114(INI)

Draft opinion
Paragraph 4 – indent 3

– calling on the Council and Commission to promote the existing Draft Convention on the prohibition of the development, production, stockpiling, transfer and use of uranium weapons and on their destruction and to present this convention to the UN member countries, to be signed and ratified; calls on all the EU Member States and UN member countries to impose a moratorium on the use of depleted uranium weapons until such time as a global ban on these weapons has been agreed;deleted

2010/10/05
Committee: AFET

2010/2114(INI)

Draft opinion
Paragraph 4 – indent 4

– the continuation and stepping-up of activities in support of the treaty system, in particular the conventions on chemical and biological weapons; therefore calls on the Member States to impose a strict ban the production and use of biological and chemical weapons and to disarm their own weapons;deleted

2010/10/05
Committee: AFET

2010/2114(INI)

Draft opinion
Paragraph 5

5. ~~Calls on the Member States and the Commission to urge all states to sign and to meet their commitments under the Chemical and~~Recognises that the enforcement of measures like the Biological Weapons Conventions and ~~to do their utmost to promote~~ the additional Verification Protocol ~~to the Biological Weapons Convention, which includes lists of dangerous biological agents and pathogens and provisions on disclosure statements and monitoring inspection~~are insufficient to tackle the risks derived from non-state actors; therefore calls upon the European Commission to assess the current scope of defence and medical counter measures available to respond in an adequate manner to the most dangerous agents that could be acquired and used by non-state actors;

2010/10/05
Committee: AFET

2010/2114(INI)

Draft opinion
Paragraph 6 a (new)

6a. While admitting that CBRN preparedness is mainly a national competence, strongly encourages member States to set up regional frameworks of cooperation that also include common force training and logistical capabilities such as medical counter-measures, in order to reach better coordination and cost effectiveness; consider that regional models would strike the proper balance between national competence and equal access to resources by the Member States;

2010/10/05
Committee: AFET

2010/2114(INI)

Draft opinion
Paragraph 7

7. Welcomes the intention to strengthen the EU's civil protection capacity; ~~calls in this regard on the Member States and the Commission to understand disaster response as a strictly civilian task and to conduct it accordingly~~notes, however, that in many EU Member States military defence departments obtain proficient practical experience in tackling CBRN disasters; calls in this regard on the Member States and the Commission to share best practices and invest more in a thorough coordination between both civilian and military expertise; calls the Commission to propose a mutualisation of civil national forces and create a European protection civil force in order to improve the efficiency of the Community prevention and action mechanisms; notes that in many EU Member States military defence departments obtain proficient practical experience in tackling CBRN disasters; calls in this regard on the Member States and the Commission to share best practices and invest more in a thorough coordination between both civilian and military expertise;

2010/10/05
Committee: AFET

2010/2114(INI)

Draft opinion
Paragraph 9

9. Insists that disasters must ~~not~~always lead to the use or/and deployment of ~~military forces, either inside or outside the EU; instead, the necessary resources should be provided for civil protection forces so that they can handle the task appropriately and alone~~the most adequate communitarian, regional or national forces.

2010/10/05
Committee: AFET

2010/2111(INI)

Draft opinion
Paragraph 1

1. Stresses the importance of increasing the protein crop production within the European Union and that the Commission should therefore introduce new incentives for the production and storage of protein crops; points out however that the difference between the market price of cereals and protein crops, the strong international price competition, and the comparative advantage of third-country producers stemming from climatic conditions, greater farm-size and lower environmental requirements necessitates tha review of the European strategy on trade policy with a view to including in it defence of Community preferences and makes it necessary to provide targeted support ofor protein crop production;

2010/12/08
Committee: ENVI

2010/2111(INI)

Draft opinion
Paragraph 2

2. ~~Recalls the severe conseque~~Stresses the importances of past BSE diseases, which led to a threat to public health and wide-scale export bans on the EU's internal market, hampered Member States' external trade activities and caused serious damage to the EU's livestock sector; sta balance between vegetable and animal proteins and therefore the need for a pragmatic reasses ~~the importance of upholding~~sment of the ban on using animal protein sources, introduced in the EU legislation in 1996 for ruminants and extended in 2001 to non-ruminants~~, on the use of animal protein in animal feed until definite scientific evidence suggests that the transmission of diseases can be excluded~~; calls on the Commission to make proposals on the use of animal protein in feed for non- ruminants, in a legislative framework banning any recycling within the same species and ensuring the same level of food safety throughout the food chain;

2010/12/08
Committee: ENVI

2010/2111(INI)

Draft opinion
Paragraph 3 – subparagraph 1 (new)

(b) Calls on the Commission to propose a coherent overall political approach to the application of the agro-environmental rules to food products sold within the Union with regard to the production and importation of genetically modified protein crops;

2010/12/08
Committee: ENVI

2010/2111(INI)

Draft opinion
Paragraph 4

4. Calls on the European Commission to establish a monitoring mechanism on the origin of protein crops imported to the European Union, revealing especially the sustainability of applied farming practices in the country of origin, and the use of genetically modified organisms; underlines that ~~occasional~~ on-site checks ~~are also necessary~~must be substantially stepped up to this end;

2010/12/08
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas deforestation is progressing in the world at an alarming rate, with the FAO putting net figures for forest areas lost worldwide during the period 2005- 2010 at approximately 5.5 million ha per year,

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Recital B b (new)

Bb. whereas the EU is one of the few regions in the world where forest area is rising (+ 600 000 ha/year), whilst globally the trend is towards a rapid drop (-16 million ha/year),

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Recital B c (new)

Bc. whereas, despite the generally positive trend, approximately 500 000 ha of forest are lost every year in the EU as a result of forest fires, which ravage mainly Member States in the south of Europe;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the Commission to submit to Parliament and the Council a new communication, accompanied by a legislative proposal, on the competitiveness of the forestry sector;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 7

7. Stresses that forest protection depends on long-term commitment on the part of Member States, the regions, forest-based industries and both public and private forest owners; stresses that those stakeholders also need to be aware of the importance of the tree census and of the protection of unusual trees, with a view to devising a strategy for the protection of such trees, which may also be located outside forests;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 11 a (new)

11a. Calls on the Commission to create a 'Forest Heritage Observatory', which would enable the centralisation of data on the state of conservation and health of forests in the Union;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 13

13. Urges the Commission to report to Parliament and the Council on options for the introduction of payments for ecosystem services taking into account the role of forestation, biodiversity conservation and SFM, as well as that of reforestation, prioritising broad-leaved trees, whose yield is more long-term than that of conifers but which considerably improve the quality of soil and biodiversity; stresses nonetheless that reforestation must, as a matter of priority, respect the characteristics of the location of planting;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 14

14. Urges the Commission to present a legislative proposal for Forest Fire Prevention incorporating funding for the European Forest Fires Information System (EFFIS), infrastructure, training and prevention planning; asks the Commission to think about binding European rules on the clearing of peri-urban wooded areas with a view to preventing and containing forest fires;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 14

14. Urges the Commission to present a legislative proposal for Forest Fire Prevention incorporating funding for the European Forest Fires Information System (EFFIS), infrastructure, training, education (forest and forestry awareness) and prevention planning;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 15 c (new)

15c. Calls on the Commission to develop European research into renewable energy sources, focusing especially on wood waste, as these forms of energy are essential in order to combat climate change;

2011/02/15
Committee: ENVI

2010/2106(INI)

Motion for a resolution
Paragraph 15 d (new)

15d. Calls on the Commission to promote the consumption of sustainably managed wood in Europe, and in particular structural timber, which serves to absorb atmospheric carbon dioxide;

2011/02/15
Committee: ENVI

2010/2106(INI)

Arnaud DANJEAN, Catherine SOULLIE, Georgios KOUMOUTSAKOS, Andrey KOVATCHEV, Krzysztof LISEK

Motion for a resolution
Paragraph 24 a (new)

24a. Calls on the Commission to launch a plan, supported and co-financed by the Community, for the mobilisation of wood for energy purposes;

2011/02/15
Committee: ENVI

2010/2095(INI)

Damien ABAD, Jürgen CREUTZMANN, Philippe JUVIN, Frank ENGEL, Catherine SOULLIE, Constance LE GRIP

Draft opinion
Paragraph 4 a (new)

4a. Stresses that protecting intellectual property rights is the cornerstone for protecting European know-how and promoting innovation within the EU, which notably entails stepping up the fight against counterfeiting and reducing the cost of patents in Europe; calls on the Member States and the Commission in this context to continue their efforts with a view to the earliest possible creation of a European Union patent and a suitable dispute-settlement system, and to strengthen resources and coordination between customs authorities and market surveillance authorities in order better to detect the entry onto the single market of counterfeit products;

2010/12/01
Committee: IMCO

2010/2095(INI)

Damien ABAD, Jürgen CREUTZMANN, Frank ENGEL, Catherine SOULLIE, Constance LE GRIP, Malcolm HARBOUR

Draft opinion
Paragraph 4 b (new)

4b. Stresses that access to financing for enterprises, particularly SMEs, remains inadequate and the EU should innovate in order to provide more favourable framework conditions for the development of investment in the real economy; takes the view that, in a context of budgetary crisis, it is more necessary than ever to explore new funding methods, notably by reducing the fragmentation of the capital risk market, developing innovative public- private partnerships such as joint technological initiatives and strengthening the role of the EIB;

2010/12/01
Committee: IMCO

2010/2071(INI)

Motion for a resolution
Paragraph 35 a (new)

35a. Encourages the Council and the Commission to make use of the possibility to make defence research as outlined in Art. 45 TEU a Union research under the Treaties by virtue of Art. 179 (3) of the Treaty on the Functioning of the European Union (TFEU) in order to strengthen research on items serving both civilian and military purposes; in this regard calls on the Council and the Commission to establish Preparatory Action for Defence Research and to include Defence research as an own thematic area under the next Framework Programme 8.

2010/10/05
Committee: AFET

2010/2055(INI)

Draft opinion
Paragraph 2

2. IPoints out that it is essential to target bureaucratic, technical and linguistic barriers that hinder the access to information on companies across borders and therefore, prevent the internal market from functioning smoothly; insists that the information on companies should be available in all official languages of the European Union; is convinced that improved and easy access to information is necessary to assist small and medium-sized enterprises as it contributes to the reduction of their administrative burdens;

2010/05/12
Committee: IMCO

2010/2055(INI)

Draft opinion
Paragraph 2 a (new)

2a. Stresses the importance of access to information on European companies especially regarding the Services Directive and the pending European Private Company status; calls therefore for the implementation of a common format and content of business registries and a European business certificate for European enterprises, with the aim to further enhance uniformity and legal certainty of the registered data;

2010/05/12
Committee: IMCO

2010/2055(INI)

Draft opinion
Paragraph 4

4. Insists on the importance of the Internal Market Information System (IMI) for enhanced implementation of the internal market legislation, as it has already proved to be a successful instrument with regard to the implementation of the Professional Qualifications Directive (2005/36/EC) and the Services Directive (2006/123/EC);

2010/05/12
Committee: IMCO

2010/2055(INI)

Draft opinion
Paragraph 4 a (new)

4a. Reminds that all Member States already use IMI and that it could be extended to a wider range of procedures without incurring significant investment by the Member States;

2010/05/12
Committee: IMCO

2010/2055(INI)

Damien ABAD, Catherine SOULLIE, Philippe JUVIN

Draft opinion
Paragraph 5

5. Points out the importance of automated communication between European business registers based on standards and allowing interoperability and therefore, is calling on the Member States to commit to the BRITE project by adopting binding legislation; underlines that a strong legal basis is the only means to enhance the quality of the exchanged information;

2010/05/12
Committee: IMCO

2010/2051(INI)

Damien ABAD, Philippe JUVIN, Catherine SOULLIE, Lara COMI

Motion for a resolution
Recital D d (new)

Dd. whereas a modern and flexible European standardisation system is a crucial component for an ambitious and renewed European industrial policy;

2010/09/15
Committee: IMCO

2010/2051(INI)

Lara COMI, Andreas SCHWAB, Philippe JUVIN, Wim van de CAMP, Catherine SOULLIE

Motion for a resolution
Paragraph 5 b (new)

5b. Stresses that SMEs, although they represent an essential part of the European market, they are not adequately involved in the standardisation system and cannot, therefore, exploit entirely the benefits derived from standardisation; believes that it is essential to improve their representation and participation in the system, especially in the technical committees at national level; asks the European Commission to identify, through its impact assessment in the context of the revision of the European Standardisation System, the best way to reach this aim, evaluating the necessary funding to help SMEs;

2010/09/15
Committee: IMCO

2010/2051(INI)

Lara COMI, Andreas SCHWAB, Philippe JUVIN, Catherine SOULLIE, Wim van de CAMP

Motion for a resolution
Paragraph 14

14. Encourages European and national standardisation bodies, therefore, to promote and facilitate effective participation in the standardisation process by all interested parties, in particular representatives of small and medium-sized enterprises (SMEs), and all stakeholders representing the public interest such as consumers (including people with disabilities and vulnerable consumers), environmentalists, workers and bodies representing other societal interests;

2010/09/15
Committee: IMCO

2010/2051(INI)

Motion for a resolution
Paragraph 20

20. Asks the Commission and the ESOs to promote training programmes and to take all measures needed to enable weaker NSBs, which do not currently run technical-committee secretariats, to assume a more active role in the standardisation process in order to enhance confidence in the Internal Market by ensuring a level- playing field; considers that these programmes should also target SMEs by raising the importance of standardisation as a strategic offering marketing tool;

2010/09/15
Committee: IMCO

2010/2051(INI)

Damien ABAD, Catherine SOULLIE

Motion for a resolution
Paragraph 23

23. Reiterates that, although small and medium-sized enterprises form the backbone of the European economy, their involvement in standardisation is not always commensurate with their economic importance ; emphasises that standards should be designed and adapted to take account of the characteristics and environment of SMEs, in particular small, micro and craft enterprises; welcomes recent initiatives taken by the European and national standardisation bodies to implement the recommendations in the study on SME access to European standardisation; stresses that further measures should be taken to ensure that SMEs can participate fully in the development of standards and have a~~dequate~~ better and less costly access to them;

2010/09/15
Committee: IMCO

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Anne DELVAUX, Pilar AYUSO, Theodoros SKYLAKAKIS, Horst SCHNELLHARDT, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
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. In accordance with the conclusions of the Environment Council of 4 December 2008, this risk assessment should be enhanced, particularly by taking better account of regional and local circumstances in the context of the assessment by the European Food Safety Authority. 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. The same high level of protection of health and the environment should be sought and maintained throughout the territory of the Union.

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Julie GIRLING, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Recital 5

(5) Experience has shown that cultivation of GMOs is an issue which is more thoroughly addressed by Member States, either at central or at regional and local level. ~~Contrary to i~~Issues related to the placing on the market and the import of GMOs~~, which~~ should remain regulated at EUnion level to preserve the internal market~~, c~~. Cultivation ~~has been acknowledged as an issue with a strong local/regional dimension. In accordance with Article 2(2) TFEU~~might require more flexibility in certain instances as it is an issue with a strong local/regional dimension. However, the common authorisation procedure should not be adversely affected by such flexibility. In accordance with Article 2(2) of the Treaty on the Functioning of the European Union, Member States should therefore be entitled to have a possibility to adopt rules concerning the effective cultivation of GMOs in their territory after the GMO has been legally authorised to be placed on the EUnion market, provided that those rules do not adversely affect the free movement and marketing of GMO products and seeds.

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
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 entitled to take by application of Article 26a of Directive 2001/18/EC to avoid the unintended presence of GMOs in other products. This freedom granted to Member States should not result in any distortion of competition between farmers in the various Member States.

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Recital 7

(7) Member States should therefore be authorised to adopt measures restricting or prohibiting the cultivation of ~~all or particular GMO~~GMOs on a case-by-case basis in all or part of their territory, and respectively amend those measures as they deem appropriate, at all stages of the authorisation, re-authorisation or withdrawal from the market of the concerned GMOs~~. Thi~~, provided that those measures are adopted and made publicly available to all operators concerned, including growers, at least twelve months before the beginning of the growing season. These measures should not imperil the objective of harmonising the legislation of Member States as provided for in Directive 2001/18/EC and Regulation (EC) No 1829/2003. The possibility of adopting these measures should apply as well to genetically modified varieties of seed and plant propagating material which are placed on the market in accordance with relevant legislation on the marketing of seeds and plant propagating material and, in particular, in accordance with Directives 2002/53/EC and 2002/55/EC. Measures should refer to the cultivation of GMOs only and not to the free circulation and import of genetically modified seeds and plant propagating material, as or in products, and of the products of their harvest. Similarly they should not affect the cultivation of non -genetically modified varieties of seed and plant propagating material in which adventitious or technically unavoidable traces of EU authorised GMOs are found.

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Julie GIRLING, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Recital 8

(8) According to the legal framework for the authorisation of GMOs, the level of protection of human/animal health and of the environment chosen in the EUnion cannot be revised by a Member State and this situation ~~must~~should not be altered. However, Member States may adopt measures restricting or prohibiting the cultivation of ~~all or particular GMO~~GMOs on a case-by-case basis in all or part of their territory on the basis of scientifically substantiated grounds relating to the public interest ~~other than~~different from those already a~~ddr~~ssessed byin accordance with the harmonised ~~set of EU~~Union rules which already provide for procedures to take into account the risks that a GMO for cultivation may pose on health and the environment. A prior impact assessment should be performed to demonstrate the necessity and proportionality of these measures. These grounds must depend on factors associated with the management of risks or with other national policies. Those measures should furthermore be in conformity with the Treaties, in particular as regards the principle of non discrimination between national and non national products and Articles 34 and 36 of the Treaty on the Functioning of the European Union, as well as with the relevant international obligations of the Union, notably in the context of the World Trade Organisation. These measures should also respect the principle of proportionality and the freedom of choice of farmers and consumers. In order to attain the latter objective, the period for which the measures adopted by Member States are to remain in force should be limited to three years, and they should be renewable only on condition that a new impact assessment is performed showing that they are necessary and proportionate. The Commission should assess the need for the establishment of thresholds for labelling GMO traces in conventional seeds at the lowest practicable, proportionate and functional levels for all economic operators.

2011/03/17
Committee: ENVI

2010/0208(COD)

Holger KRAHMER, Catherine SOULLIE, Britta REIMERS, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – introductory part

Member States may adopt measures on a case-by-case basis restricting or prohibiting the cultivation of ~~all or particular~~individual GMOs authorised in accordance with Part C of this Directive or Regulation (EC) No 1829/2003, and consisting of genetically modified varieties placed on the market in accordance with relevant EU legislation on the marketing of seed and plant propagating material, in all or part of their territory, provided that:

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Julie GIRLING, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – introductory part

Member States may adopt measures restricting or prohibiting the cultivation of ~~all or particular~~ GMOs authorised in accordance with Part C of this Directive or Regulation (EC) No 1829/2003, and consisting of genetically modified varieties placed on the market in accordance with relevant EU legislation on the marketing of seed and plant propagating material, on a case-by-case basis, in all or part of their territory, provided that:

2011/03/17
Committee: ENVI

2010/0208(COD)

Julie GIRLING, Catherine SOULLIE, Elisabetta GARDINI, Sergio BERLATO, Christofer FJELLNER

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – introductory part

Member States may adopt measures restricting or prohibiting the cultivation of ~~all or particular~~ GMOs authorised in accordance with Part C of this Directive or Regulation (EC) No 1829/2003, and consisting of genetically modified varieties placed on the market in accordance with relevant EU legislation on the marketing of seed and plant propagating material, on a case-by-case basis in all or part of their territory, provided that:

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Theodoros SKYLAKAKIS, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point a

(a) those measures are scientifically based on grounds other than those related to the ~~assessment~~scientific assessment conducted under Part C of Directive 2001/18/EC of the adverse effect on health and environment which might arise from the deliberate release or the placing on the market of GMOs. These measures shall be justified on the following grounds relating to national and/or regional policy: (i) protecting crop diversity; (ii) the impossibility of establishing coexistence measures on account of specific geographical conditions (for example very small islands, mountain regions and/or areas of high nature value, or where the national territory is small); (iii) the absence of data on the potential negative impacts of the release of GMOs on the territory or biodiversity of a region;

2011/03/17
Committee: ENVI

2010/0208(COD)

Holger KRAHMER, Catherine SOULLIE, Britta REIMERS, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point a

(a) those measures are based on ~~grounds other than those~~ legitimate and necessary grounds in the public interest that are duly justified, proportionate, non-discriminatory and unrelated to the assessment of the adverse effect on health and environment which might arise from the deliberate release or the placing on the market of GMOs;

2011/03/17
Committee: ENVI

2010/0208(COD)

Holger KRAHMER, Catherine SOULLIE, Britta REIMERS, Elisabetta GARDINI, Sergio BERLATO, Christofer FJELLNER

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b paragraph 1 – point a a (new)

(aa) those measures ensure that the freedom of choice of farmers and consumers is duly respected; and

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Julie GIRLING, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point a a (new)

(aa) those measures ensure that the freedom of choice of farmers and consumers is duly respected;

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Julie GIRLING, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation – amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point a b (new)

(ab) those measures do not entail any distortion of competition between farmers in different Member States;

2011/03/17
Committee: ENVI

2010/0208(COD)

Holger KRAHMER, Catherine SOULLIE, Britta REIMERS, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

(ab) those measures pursue an objective that cannot be achieved through the implementation of measures relating to coexistence of genetically modified crops with conventional and organic crops; and

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point a a (new)

(aa) those measures are adopted and made publicly available to all operators concerned, including growers, at least twelve months prior to the start of the growing season;

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Julie GIRLING, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point a c (new)

(ac) those measures have been the subject of a prior impact assessment showing them to be necessary and proportionate;

2011/03/17
Committee: ENVI

2010/0208(COD)

Julie GIRLING, Catherine SOULLIE, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point a a (new)

(aa) those measures are preceded by a full impact assessment carried out by the Commission, assessing their potential effects;

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Julie GIRLING, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point ad (new)

(ad) those measures are adopted for a maximum of three years, and may where appropriate be renewed following the conclusion of a new impact assessment showing that they are necessary and proportionate;

2011/03/17
Committee: ENVI

2010/0208(COD)

Holger KRAHMER, Catherine SOULLIE, Britta REIMERS, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point b

(b) that theyose measures are in conformity with the ~~Treaties~~Union’s international obligations and the Treaties, in particular the proportionality principle.

2011/03/17
Committee: ENVI

2010/0208(COD)

Julie GIRLING, Catherine SOULLIE

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point b

(b) that theyose measures are in conformity with the Treaties. , in particular with the principle of proportionality, and the Union’s international obligations.

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Julie GIRLING, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Elisabetta GARDINI, Sergio BERLATO, Christofer FJELLNER

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 1 – point b

(b) that they are in conformity with the Treaties and the Union's international obligations.

2011/03/17
Committee: ENVI

2010/0208(COD)

Holger KRAHMER, Catherine SOULLIE, Britta REIMERS, Elisabetta GARDINI, Sergio BERLATO, Christofer FJELLNER

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 2

~~By way of derogation to~~In accordance with Directive 98/34/EC, Member States that intend to adopt reasoned measures under this Article shall communicate them to the other Member States and to the Commission, onthree months prior to their adoption for information purposes’.

2011/03/17
Committee: ENVI

2010/0208(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Pilar AYUSO, Horst SCHNELLHARDT, Holger KRAHMER, Julie GIRLING, Elisabetta GARDINI, Sergio BERLATO

Proposal for a regulation - amending act
Article 1 – point 1

Directive 2001/18/EC
Article 26 b – paragraph 2

~~By way of derogation~~Pursuant to Directive 98/34/EC, Member States that intend to adopt reasoned measures under this Article shall communicate them to the other Member States and to the Commission, onthree months prior to their adoption for information purposes'.

2011/03/17
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Recital 6

(6) The rules applicable to the flexibility scheme should be adapted to extend ~~the~~its application ~~of that scheme~~ to engines for use in propulsion of railcars and locomotives.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Recital 7

(7) The measures provided in this Directive reflect a temporary difficulty faced by the manufacturing sector~~. They should therefore be restricted to the transition from Stage III A to Stage III B and expire by 31 December 2013 at the latest~~; as such, these shall be restricted to Stage III B.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Article 1 – point -1 (new)

Directive 97/68/CE
Article 2 - last indent

(-1) In Article 2, the last indent is replaced by the following: – flexibility scheme shall mean the exemption procedure whereby a Member State allows placing on the market of a limited quantity of engines according to Article 10.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Article 1 – point -1 a (new)

Directive 97/68/CE
Article 2 - new indent

(-1a) In Article 2 the following new indent is added: – engine category shall mean the engine classification combining the power range, the exhaust emission stage requirements and the engine classification according to Section I of Annex I.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Article 1 – point 1

Directive 97/68/CE
Article 4 - paragraph 6

1. Article 4(6) is replaced by the following: ‘(6) Compression ignition engines for use other than in propulsion of inland waterway vessels may be placed on the market under a flexibility scheme in accordance with the procedure referred to in Annex XIII in addition to paragraphs 1 to 5.’deleted

2011/02/23
Committee: ENVI

2010/0195(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Elisabetta GARDINI

Proposal for a directive - amending act
Article 1 – point 2 – point -a (new)

Directive 97/68/CE
Article 10 – paragraph 1 a - subparagraph 2

(-a) In paragraph 1a, the second subparagraph is deleted:

2011/02/23
Committee: ENVI

2010/0195(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Elisabetta GARDINI

Proposal for a directive - amending act
Article 1 – point 2 – point -a

Directive 97/68/CE
Article 10 – paragraphs 1 b, c and d (new)

(-a) Paragraphs 1b, 1c and 1d are inserted: "1b. A replacement engine to be installed in a railcar, trainset or locomotive originally equipped with an engine not meeting stage IIIA limits or only meeting Stage IIIA limits shall at least comply with the limit values defined in Stage III A. For such engines, article 9 (3g), (3i) and (4a) shall not apply. 1c. However, a Member State may authorise, using the derogation procedure defined below, the production and the mounting of replacement engines, which do not comply with stage IIIA requirements, in the following cases: (i) for a renewal or upgrading of an existing railcar, trainset or locomotive, when the application of stage IIIA requirements would raise important technical difficulties in terms of gauge, axle load, body/chassis design or engine(s) control systems for multiple operation and, as a consequence, compromise the economic viability of the project; (ii) where, following an accident of a railcar, trainset or locomotive or a catastrophic failure of its engine(s), the application of stage IIIA requirements would raise important technical difficulties and, as a consequence, compromise the economic restoration of the damaged railcar or locomotive. For these engines, article 9 (3g), (3i) and (4a) shall not apply. Where derogation is granted, the Member State granting the derogation shall, within six months, provide both the Commission and the approval authorities of the other Member States with a document, in both paper form and as electronic files, which sets out: — the unique reference number of the derogation as shown on the label attached to each engine to which it refers, — the nature of the derogation, including the description of the emissions levels compared with IIIA thresholds and details of the alternative provisions which will be applied, — a detailed justification for granting the derogation, including the main technical difficulties, with their economic and environmental consequences, and a description of the design efforts made in order to approach stage IIIA requirements, and, if need be, other fleet evolution and operating measures, — the number of engines which are subject to the derogation, — details of the manufacturer and of the types and serial numbers of the engines which are subject to the derogation, — details of the railway vehicles series to which the engines will be fitted together with their operational areas, — any other information helping to justify the request for a derogation 1d. For engines placed on the market under 1a, 1b and 1c, the text ‘REPLACEMENT ENGINE’ shall be attached to a label on the engine or inserted into the owner's manual for engines."

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Article 1 – point 2 - point a

Directive 97/68/CE
Article 10 - paragraph 7

(7) Member States shall permit the placing on the market of engines, as defined in Section 1 of Annex I under A(i), A(ii), A(iv) and A(v), under the flexibility scheme in accordance with the provisions in Annex XIII. Spark ignited engines, as defined in Section 1 of Annex I under A(iii), and engines for propulsion of inland waterways vessels are excluded from this procedure. The flexibility scheme shall start when placing on the market of engines becomes compulsory for any given Stage and shall have the duration of any given stage, but not more than three years. The engines shall be type approved according to the Stage immediately preceding the one under consideration.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Article 1 – point 2 – point b

Directive 97/68/CE
Article 10 – paragraph 8

(b) The following paragraph 8 is added: ‘(8) The flexibility scheme, in accordance with the provisions of Section 1.2 of Annex XIII, shall apply only for the transition from Stage III A to Stage III B and expire on 31 December 2013.’deleted

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex - introductory part

Directive 97/68/CE
-

~~Section 1 of~~ Annex XIII is replaced by the following:

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex

Directive 97/68/EC
Annex XIII – section 1 - point 1.1.1.

1.1.1. The number of engines placed on the market under a flexibility scheme shall, in each engine category, not exceed 20 % of the OEM's annual ~~sales~~quantity of equipment placed on the market with engines in that engine category, (calculated as the average of the latest 5five years ~~sales on the EU market). Where an OEM has~~. In case an OEM placed on the marketed equipment ~~in the EU for a period of~~for less than 5five years, the average wishall be calculated based on the period for which the OEM has ~~market~~placed equipment ion the EUmarket.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex

Directive 97/68/EC
Annex XIII – section 1 - point 1.2.1.

1.2.1. The number of engines placed on the market under ~~such~~a flexibility scheme shall, in each engine category, not exceed 50 % of the OEM's annual ~~sales~~quantity of equipment placed on the market with engines in that engine category, (calculated as the average of the latest 5five years ~~sales on the EU market). Where an OEM has~~. In case an OEM placed on the marketed equipment ~~in the EU for a period of~~for less than 5five years, the average wishall be calculated based on the period for which the OEM has ~~market~~placed equipment ion the EUmarket.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex

Directive 97/68/EC
Annex XIII – section 1 - point 1.2.2.

1.2.2. As an optional alternative to section 1.2.1., the OEM may seek permission for hithe OEM’s engine ~~suppli~~manufacturers to place on the market a fixed number of engines ~~unde~~for the ~~flexibility schem~~OEM’s exclusive use. The number of engines in each engine category shall not exceed the following values:

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex

Directive 97/68/EC
Annex XIII – section 1 - point 1.3.

~~1.3 As regards engines for use in propulsion of railcars, the flexibility scheme as defined in section 1.1.1. shall be applicable as from the transition period between Stage III A and Stage III B.~~deleted

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex

Directive 97/68/EC
Annex XIII – section 1 - point 1.5. - introductory part

1.5. The OEM shall include in ~~his~~the application to an approval authority the following information:

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex

Directive 97/68/CE
Annex XIII - section 2

2. ACTIONS BY THE ENGINE MANUFACTURER 2.1. An engine manufacturer may place on the market engines under a flexible scheme covered by the permission granted in accordance with Section 1 and 3 of this Annex. 2.2. The engine manufacturer shall mark those engines with the following text: ‘Engine placed on the market under the flexibility scheme’ in conformity with the requirements of Section 3 of Annex I.

2011/02/23
Committee: ENVI

2010/0195(COD)

Elisabetta GARDINI, Françoise GROSSETÊTE, Catherine SOULLIE, Sergio BERLATO, Christa KLASS, Horst SCHNELLHARDT

Proposal for a directive - amending act
Annex

Directive 97/68/CE
Annex XIII - section 3

3. ACTIONS BY THE APPROVAL AUTHORITY 3.1. The approval authority shall evaluate the content of the flexibility scheme request and the enclosed documents. As a consequence they shall inform the OEM of their decision as to whether or not to grant the permission for the requested flexibility scheme.

2011/02/23
Committee: ENVI

2010/0073(COD)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Proposal for a regulation
Article 3 a (new)

Article 3a Development of new modules As a matter of priority, the Commission shall, in cooperation with the Member States and provided that the necessary methodologies are settled and that there is a sufficient user demand, consider to develop the following modules for inclusion into the scope of this Regulation: - Environmental Protection Expenditure and Revenues (EPER)/Environmental Protection and Expenditure Accounts (EPEA), Environmental Goods and Services Sector (EGSS); - Energy Accounts; - Environmentally Related Transfers (subsidies) and Resource Use and Management Expenditure Accounts (RUMEA); - Waste Accounts and Forest Accounts.

2010/10/15
Committee: ENVI

2009/2158(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas the European digital library should be more than a digital collection with information management tools, but should rather embrace the development of a whole range of technical capacities and resources for the creation, research and use of information,

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Recital D

D. whereas account must be taken of the rapid development of new technologies with resulting changes in cultural practices, and of existing digitisation projects outside Europe, ~~such as Google Books and the results of the settlement of its case in the United States of America,~~

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Recital D a (new)

Da. whereas there is, consequently, an urgent need for Member States to step up their efforts, join forces and equip themselves with the requisite means to maintain and encourage their contribution to Europeana so as to raise Europe’s profile in the world,

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Recital E

E. whereas only a tiny part of European cultural heritage has been digitised so far, Member States are progressing at different speeds, and public funding allocated to mass digitisation is insufficient; whereas Member States should step up their efforts to speed up the process of digitising public and private works,

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Recital I

I. whereas urgent efforts are needed to solve the issue of a "digital black hole" with regard to 20th and 21st century content, where works of high cultural value are languishing unused; whereas any solution must take proper account of the interests of all parties involved; whereas, notably, a two-tier protection system must not be created through the presumption that no rightholders exist,

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Recital I a (new)

Ia. whereas any protected or disclosed work for which, despite a documented and serious search being made, one or more copyright holders or holders of related rights cannot be identified or located should be considered an orphan work,

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 1 a (new)

1a. States that the primary role of the Europeana digital library should be to protect European cultural heritage so that future generations may be able to put together a collective European memory and more fragile documents may be protected from the damage caused by constant use;

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 1 b (new)

1b. Stresses that the European digital library, being available to everyone from afar, constitutes a tool for the democratisation of culture and will therefore allow a very wide section of the public to access rare or old documents in Europe’s heritage whose conservation renders their consultation difficult;

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Paragraph 7

7. Urges the Commission and Member States to take all necessary steps to avoid a knowledge gap between Europe and ~~the United States of America~~non- Community countries and to ensure full access for Europeans to their own cultural heritage;

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 9

9. Encourages content providers to increase the diversity of the types of content for Europeana, especially audio and video content, paying special attention to those works which deteriorate easily, while respecting intellectual property rights, especially authors and performers' rights; stresses, in this regard, the importance of respecting moral rights in order to protect the integrity of the work, and avoid any possible changes (censorship, alterations to works, etc.);

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 9 a (new)

9a. Acknowledges that Europeana’s success depends mainly on appropriate copyright protection and on prior authorisation by, and the remuneration of, publishers and authors for the content they have agreed to provide via Europeana as well as the sums they have invested in producing and disseminating said content;

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses that the digital library must not depart from its prime objective, namely to ensure that the dissemination of knowledge on the Internet is not left to private commercial firms, in order that the digitisation of works does not equate to a stranglehold on Europe’s public heritage that results in the public domain being privatised;

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Paragraph 11 a (new)

11a. Recalls that as regards works not in the public domain, the European digital library is duty bound to maintain the limitations and exceptions to intellectual property without impeding people’s ability to access knowledge;

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Paragraph 12

12. Stresses that solutions should be found for Europeana also to offer in-copyright as well as out-of-print and orphan works with a sector-by-sector approach, while complying with laws governing intellectual property; ~~believes that s~~recognises in this regard the essential role of collective management in ensuring users have legal certainty and that rightholders’ interests are respected. Solutions such as extended collective licensing or other collective management practices could be favoured;

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Paragraph 15

15. Favours a balanced Europe-wide solution for digitising and disseminating orphan works, starting by clearly defining them, establishing common standards (including that of due diligence applied in searching for their owners in the country in which the works were originally published), and resolving the issue of potential copyright infringement when orphan works are used;

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 16 a (new)

16a. Recalls that Europeana must be able to benefit from agreements signed with other libraries under public-private partnerships and that said libraries must therefore be provided with a physical copy of the files already digitised;

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Paragraph 18

18. Stresses that, in order to meet the high costs of digitisation and time pressures, new methods of financing must be developed, such as public-private partnerships on the basis of well- understood conditions and common guidelines, ensuring digitised files will be freely available to libraries with no time limits;

2010/01/13
Committee: CULT

2009/2158(INI)

Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 18 a (new)

18a. Recalls that the involvement of private partners in the digitisation process must not lead to the creation of private monopolies, which would threaten cultural diversity and pluralism, and that compliance with the rules of competition is a prerequisite to the involvement of private companies;

2010/01/13
Committee: CULT

2009/2158(INI)

Jean-Marie CAVADA, Marie-Thérèse SANCHEZ-SCHMID, Catherine SOULLIE

Motion for a resolution
Paragraph 18 c (new)

18c. Points out that the digitisation of works in national libraries is the fruit of the financial investment of taxpayers via payment of their taxes; stresses, therefore, that public-private partnership contracts must stipulate that the copy of the work digitised by the private half of the partnership on behalf of the library may be indexed by all search engines, so that it may be consulted on the library’s website and not solely on the website of the partner private company;

2010/01/13
Committee: CULT

2009/2158(INI)

Motion for a resolution
Paragraph 19 a (new)

19a. Stresses that sponsorship is an interesting alternative for Europeana insofar as it offers an opportunity to fund not just digitisation activities but also the management of copyright payments for out-of-print, orphan and copyrighted works, as well as putting them online;

2010/01/13
Committee: CULT

2009/2151(INI)

Esther HERRANZ GARCÍA, Sophie AUCONIE, Françoise GROSSETÊTE, Philippe JUVIN, Cristina GUTIÉRREZ-CORTINES, Catherine SOULLIE, Catherine SOULLIE

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the European Commission to propose a more systematic pooling of existing national resources through the creation of a European civil protection force, in order to strengthen the effectiveness of EU prevention mechanisms.

2010/03/24
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Horst SCHNELLHARDT, Catherine SOULLIE, Renate SOMMER, Thomas ULMER, Birgit SCHNIEBER-JASTRAM, Françoise GROSSETÊTE

Proposal for a regulation
Recital 3 a (new)

(3a) To enhance the competitiveness of the European automotive industry, incentive schemes such as the offsetting of eco-innovations and the award of super-credits should be used in preference to prohibitions incurring criminal penalties.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Catherine SOULLIE, Thomas ULMER, Horst SCHNELLHARDT, Françoise GROSSETÊTE, Renate SOMMER, Birgit SCHNIEBER-JASTRAM, Theodoros SKYLAKAKIS

Proposal for a regulation
Recital 10 a (new)

(10a) In order to provide the purchasers of light commercial vehicles with the information necessary to take purchasing decisions, manufacturers should provide potential customers with information on these vehicles’ CO2 emissions and fuel consumption.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Thomas ULMER, Horst SCHNELLHARDT, Catherine SOULLIE, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
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 20145 and 20167 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 443/2009.~~

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Recital 14

(14) In order to ensure that targets reflect the particularities of small and niche manufacturers and are consistent with the manufacturer's reduction potential, alternative emission reduction targets should be set for such manufacturers taking into account the technological potential of a given manufacturer's vehicles to reduce their specific emissions of CO2 and consistently with the characteristics of the market segments concerned. This derogation should be covered by the review of the specific emission targets in Annex I, to be completed by the beginning of 20134 at the latest.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Thomas ULMER, Horst SCHNELLHARDT, Catherine SOULLIE, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Recital 15

(15) The Community Strategy to reduce CO2 emissions from passenger cars and light commercial vehicles established an integrated approach with a view to reaching the Community target of 120 g CO2/km by 2012, while also presenting a longer-term vision of further emission reductions. Regulation (EC) No 443/2009 substantiates this longer-term view by setting a target of 95 g CO2/km as average emissions for the new car fleet. In order to ensure consistency with that approach and to provide planning certainty for the industry, a long-term targets for the specific emissions of CO2 of light commercial vehicles in 2020 and 2025 should be set.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
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 20145. 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.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Theodoros SKYLAKAKIS, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM, Elisabetta GARDINI

Proposal for a regulation
Recital 24

(24) The speed of road vehicles ~~has a str~~is onge influence on their fuel consumption and CO2 emissions. In ~~addition, in the absence of speed limitation for light commercial vehicles, it is possible that there is an element of competition as regards top speed which could lead to oversized powertra~~line with the principle that, in reducing CO2 emissions, more use should be made of economic incentives and less of prohibitions, a voluntary scheme granting manufacturers, in return for the installation of speed limiters, certain credits in respect of the CO2 emissions saved might contribute to promotinsg a~~nd associated inefficiencies in slower operating condit~~ more fuel-efficient and environmentally friendly fleet of LCVs in the Unions. ~~It is therefore appropriate to investigate the feasibility of extending~~First, however, urgent measures should be taken to investigate scientifically whether significant quantities of CO2 emissions can be saved by the installation of speed limiters and if so whether it is possible to extend the scope of Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, in the framework of a voluntary scheme with bonuses, with the aim of including light commercial vehicles covered in this Regulation.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Renate SOMMER, Birgit SCHNIEBER-JASTRAM, Thomas ULMER

Proposal for a regulation
Article 1 – paragraph 2

2. From 2020, this Regulation sets a target of 13560 g CO2/km for the average emissions of new light commercial vehicles registered in the Community, provided the Commission has confirmed the feasibility of this target in its review pursuant to Article 12(4).

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. From 2025, this Regulation sets a target of 135 g CO2/km for the average emissions of new light commercial vehicles registered in the Union, provided the Commission has confirmed the feasibility of this target in its review pursuant to Article 12(4).

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 4 – paragraph 1

For the calendar year commencing 1 January 20145 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.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Renate SOMMER, Thomas ULMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 4 – paragraph 2 a (new)

Manufacturers shall take the appropriate measures to gradually reduce the average CO2 emissions of new light commercial vehicles registered in the Union so as to reach the target of 135 g CO2/km in 2025, taking account – in order to promote continuing innovation – of the following non-binding targets: - 165 g CO2/km in 2019 - 145 g CO2/km in 2023.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 4 – paragraph 2 – indent 1

– 75% in 20145,

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM, Elisabetta GARDINI

Proposal for a regulation
Article 4 – paragraph 2 – indent 2

– 80 % in 20156,

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 4 – paragraph 2 – indent 3

–100% from 20167 onwards.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 5 a (new)

Article 5a Specific emission target for alternative fuel vehicles For the purpose of determining compliance by a manufacturer with its specific emissions target referred to in Article 4, the specified emissions of CO2 of each vehicle which is designed to be capable of running on a mixture of petrol with 85 % ethanol (‘E85’), and which meets relevant Union legislation or European technical standards, shall be reduced by 5 % by 31 December 2015 in recognition of the greater technological and emissions reduction capability when running on biofuels. This reduction shall apply only where at least 30 % of the filling stations in the Member State in which the vehicle is registered provide this type of alternative fuel complying with the sustainability criteria for biofuels set out in relevant Union legislation.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 5 – introductory part

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~~% of the indicative specific CO2 emissions pursuant to Annex I shall be counted as:

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 5 – indent 1

2,5 light commercial vehicles in 20145,

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 5 – indent 2

~~1,5~~2 light commercial vehicles in 20156,

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 5 – indent 3

~~1 light commercial vehicle from 2016.~~ 2 light commercial vehicles in 2017, 2 light commercial vehicles in 2018, 2 light commercial vehicles in 2019, 2 light commercial vehicles in 2020, 2 light commercial vehicles in 2021, 2 light commercial vehicles in 2022, 2 light commercial vehicles in 2023, 2 light commercial vehicles in 2024, 1 light commercial vehicle from 2025.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Theodoros SKYLAKAKIS, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 7 a (new)

Article 7a Information For the calendar year commencing 1 January 2014 and each subsequent calendar year, each manufacturer of light commercial vehicles shall ensure that customers are provided with information on the average specific CO2 emissions and fuel consumption of its vehicle models.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 8 – paragraph 1

1. In respect of the period 1 January 20145 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.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a – introductory part

(a) From 20145 to 2018:

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 9 – paragraph 2

2. From the 31 October 20145, the list published under paragraph 1 shall also indicate whether the manufacturer has complied with the requirements of Article 4 with respect to the preceding calendar year.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 11 – paragraph 1

1. Upon application by a supplier or a manufacturer, CO2 savings achieved through the use of innovative technologies shall be considered. ~~The total contribution of those technologies to reducing the specific emissions target of a manufacturer may be up to 7 g CO2/km.~~

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 11 – paragraph 2 – introductory part

2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be in conformity with the provisions of Article 12(2) of Regulation (EC) No 443/2009 and shall be based on the following criteria for innovative technologies:

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1

– ~~subject to confirmation of its feasibility~~whether, on the basis of updated impact assessment results, ~~the modalities for reaching, by the year~~it is possible to reach a long-term target of 160 g CO2/km by 2020, and a long-term target of 135 g CO2/km by 2025 in a cost-effective manner; and

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – indent 2

– ~~confirm the~~make a proposal to inclu~~sion~~de in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007, with a view to the long-term target from 2020.

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2

~~Those measures designed to amend non- essential elements of this Regulation shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).~~deleted

2010/05/21
Committee: ENVI

2009/0173(COD)

Anja WEISGERBER, Françoise GROSSETÊTE, Horst SCHNELLHARDT, Catherine SOULLIE, Thomas ULMER, Renate SOMMER, Birgit SCHNIEBER-JASTRAM

Proposal for a regulation
Annex 1 – point 1 – subpoint a – line 1

(a) From 20145 to 2017:

2010/05/21
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Recital 66

(66) Taking into consideration that some products were not previously covered by the Community legislation in the field of biocidal products, it is appropriate to allow for a transitional period for the companies to be prepared to apply the rules concerning in situ generated active substances, and treated articles and ~~materials and food contact~~ materials.

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 2 – paragraph 2 – point p a (new)

pa. Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food1; 1 OJ L 338, 13.11.2004, p. 4.

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 3 – paragraph 1 – point s

(s) 'food contact materials' means any material and article intended to come into contact with food which are covered by Regulation (EC) No 1935/20044343; _________________________________ 43 OJ L 338, 13.11.2004, p. 4.deleted

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 9 – paragraph 1 – point a

a) its acceptable daily intake, acute reference dose or acceptable operator exposure level is significantly lower than those of the majority of the active substances included in Annex I for the same product type;deleted

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 9 – paragraph 1 – point b

b) it ~~meets two of the criteria to be~~is considered as a persistent, bio- accumulative and toxic substance in accordance with the criterias set out in Annex XIII of Regulation (EC) No 1907/2006; (The justification given below also applies to amendments relating to Article 9(1)(c), (d) and (f), and (2).

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 9 – paragraph 1 – point c

c) there are reasons for concern linked to the nature of the critical effects, in particular developmental neurotoxic or immunotoxic effects, which, in combination with the use patterns, amount to use thait is considered as a persistent, bio- accumulative and toxic substance in accordance with the criteria set cou~~ld still cause concern, even with very restrictive risk management measures~~t in Annex XIII of Regulation (EC) No 1907/2006;

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 9 - paragraph 1 - point d

d~~) it contains a significant proportion of non-active isomers;~~eleted

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 9 – paragraph 1 – point f

f) it is ~~considered to have~~a substance, such as those with endocrine disrupting properties ~~that may cause adverse effect on humans on the basis of the assessment of Community or internationally agreed test guidelines or other available data~~or persistent, bioaccumulative and toxic properties or very persistent, very bioaccumulative properties which do not comply with the criteria referred to in points (b) and (c) – for which scientific evidence exists of possible serious effects on public health or the environment giving rise to a level of concern equivalent to that applicable to other substances referred to in points (b) and (c).

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 9 – paragraph 2

2. When preparing an opinion on the inclusion or renewal of the inclusion of an active substance in Annex I, the Agency shall examine whether the active substance fulfils any of the criteria listed in paragraph 1 and whether exposure is not adequately controlled, bearing in mind the intrinsic hazards of the substance, and shall address the matter in its opinion.

2010/03/18
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1

2. Application for authorisation shall be made by, or on behalf of, the person who ~~shall be~~will be the holder of the authorisation. The person may be, but is not necessarily, the person responsible for the placing on the market of a biocidal product in a particular Member State or in the Community.

2010/04/08
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 3 a (new)

A single application for authorisation may be made by the applicant for a group of products to be authorised in the context of a frame formulation.

2010/04/08
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 20 – paragraph 3 – point b

b) the permitted alteration of the composition of this reference biocidal product expressed inas a reduction in the percentage of the active substance(s) and/or as an alteration in the percentage of the non-active substances contained in the biocidal products which are considered to belong to that frame formulation;

2010/04/08
Committee: ENVI

2009/0076(COD)

Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2

In the case of scientific research and development comprising research and development performed on products and processes, the person who intends to carry out the experiment or the test shall notify the competent authority prior to the start. The person shall draw up and maintain written records detailing the identity of the biocidal product or active substance, labelling data, and quantities supplied ~~and the names and addresses of those persons receiving the biocidal product or active substance~~, and shall compile a dossier containing all available data on possible effects on human or animal health or impact on the environment. The persons concerned shall, if requested, make this information available to the competent authority.

2010/03/19
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 3

In the case of product and process- oriented research and development, the person who intends to carry out the experiment or the test shall, prior to the placing of the biocidal product or the active substance on the market, notify the information required in the second subparagraph to the competent authority of the Member State where the placing on the market occurs.deleted

2010/03/19
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 46 – paragraph 2

2. An unauthorised biocidal product or an active substance for exclusive use in a biocidal product shall not be placed on the market for the purpose of any experiment or test which may involve, or result in, release of the biocidal product into the environment unless the competent authority has assessed the data submitted by the person interested in the placing of such product on the market and issued a national authorisation for this purpose which limits the quantities to be used and the areas to be treated and which may impose further conditions. The competent authority shall without delay inform the Commission and other competent authorities about the issued national authorisationdelivered a favourable opinion for this purpose which may impose further conditions. In the absence of an opinion from the competent authority delivered within 30 days after notification of the information required in paragraph 1, the biocidal product or active substance should be placed on the market for the purposes of the notified experiment or test.

2010/03/19
Committee: ENVI

2009/0076(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Proposal for a regulation
Article 82

Transitional measures concerning food contact materials 1. Applications for the authorisation of biocidal products which are food contact materials and which were available on the market on [OJ: insert the date referred to in the first subparagraph of Article 85] shall be submitted at the latest 1 January 2017. Food contact materials which were available on the market on [OJ: insert the date referred to in the first subparagraph of Article 85] for which an application was submitted in accordance with paragraph 1 may continue to be placed on the market until the date of the decision granting the authorisation or refusing to grant the authorisation. In case of a refusal to grant an authorisation to place such biocidal product on the market, such biocidal product shall no longer be placed on the market within six months after such decision. Food contact materials which were available on the market on [OJ: insert the date referred to in the first subparagraph of Article 85] for which an application was not submitted in accordance with paragraph 1 may continue to be placed on the market until six months after the date referred to in paragraph 1. 2. Disposal, storage and use of existing stocks of biocidal products which are not authorised for the relevant use by the competent authority or the Commission is allowed until twelve months after the date of the decision referred to in the second subparagraph of paragraph 1 or twelve months after the date referred to in the third subparagraph of paragraph 1, whichever is the later. Food contact materials are already regulated by Regulation (EC) No 1935/2004. That Regulation perhaps does not cover all aspects of the evaluation of such materials and their use, but fresh restrictions must be introduced by revising the legislation specifically dealing with food contact materials and [not?] in the Regulation on biocidal products, in order to avoid any duplication of regulation and evaluations.Article 82 deleted Or.frJustification

2010/03/19
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 3 – point j – point iii

(iii) is established within the Community and places electrical and electronic equipment from a third country on a professional basis onto the ~~Community Market~~market of a Member State or imports or exports such equipment on a professional basis.

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 3 – point k

~~(k) ‘distributor’ means any natural or legal person in the supply chain, who makes an electrical and electronic equipment available on the market;~~deleted

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 3 – point l

(l) ‘WEEE from private households’ means WEEE which comes from private households and from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private households;deleted

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 3 – point m

~~(m) ‘hazardous waste’ means hazardous waste within the meaning of Art. 3(2) of Directive 2008/XX/EC on waste;~~deleted

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 3 – point n

(n) ‘finance agreement’ means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place;deleted

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 3 – point o

(o) “making available on the market” means any supply of a product for distribution, consumption or use on the ~~Community market~~market of a Member State in the course of a commercial activity, whether in return for payment or free of charge;

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 3 – point p

(p) “placing on the market” means the first making available of a product on the ~~Community market~~market of a Member State;

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
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 65%. The collection rate is calculated on the basis of the total weight of WEEE 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 placed on the market in the two preceding years in that Member State. This collection rate shall be achieved annually and starting in 2016. It shall also include WEEE collected separately with a view to reuse.

2010/03/11
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 14 – paragraph 1

1. ~~Member States shall ensure that producers are allowed to show purchasers~~If they have arranged for purchasers to be informed, at the time of ~~sal~~purchase of new products, about the costs of collection, treatment and disposal in an environmentally sound way, Member States shall ensure that producers may continue to apply such arrangements. The costs mentioned shall not exceed the actual costs incurred.

2010/03/16
Committee: ENVI

2008/0241(COD)

Proposal for a directive
Article 14 – paragraph 2 - point b

(b) the return and collection systems available to them, encouraging the coordination of information serving to identify all available collection points, irrespective of the producers which have set them up;

2010/03/16
Committee: ENVI

2008/0240(COD)

Proposal for a directive
Article 2 - paragraph 1

1. This Directive shall apply to electrical and electronic equipment, including cables, electric or electronic consumables and electric or electronic accessories, falling under the categories set out in Annex I ~~as specified in Annex II.~~ .

2010/03/19
Committee: ENVI

2008/0240(COD)

Proposal for a directive
Article 2 - paragraph 3- point b

(b) ~~equipment which is specifically designed as part of another type of~~the part of the installation, equipment, t~~hat does not fall within the scope of this Directive and can fulfill its function only if it is part of that equipment~~ransport equipment, consumable or accessory that is not electric or electronic;

2010/03/19
Committee: ENVI

2008/0240(COD)

Proposal for a directive
Article 2 - paragraph 3- point c a (new)

(ca) equipment produced for research and development purposes, such as prototypes produced in short volumes and not intended to be placed on the market.

2010/03/19
Committee: ENVI

2008/0240(COD)

Proposal for a directive
Article 4 - paragraph 7

7. When there is an unacceptable risk to human health or the environment, arising from the use of substances, and in particular the substances listed in Annex III, which needs to be addressed on a Community-wide basis, the list of prohibited substances in Annex IV shall be reviewed ~~using a methodology based~~in accordance with the process set out in Articles 69 to 73 of Regulation (EC) No 1907/2006. It is vital that the evaluation of these substances is based on representative and reliable scientific data measuring their existing and conceivable positive and negatives impacts. The methodology must, among other things, include an impact assessment onf the ~~process set out in Articles 69 to 72 of~~alternatives (availability and feasibility) and take into account environmental and scientific aspects as well as economic and social aspects throughout the product’s life cycle. In order to contribute to a high level of protection of human health and of the environment, this methodology is coherent with Regulation (EC) No 1907/2006. Those measures designed to amend non- essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2).

2010/03/19
Committee: ENVI

2008/0240(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE

Proposal for a directive
Article 5 - paragraph 4 a (new)

4a. Where the use of a substance is authorised in accordance with Regulation (EC) No 1907/2006, equipment using that substance shall be considered as complying with the relevant requirements laid down by this Directive for the duration of the validity of the authorisation established in accordance with Regulation (EC) No 1907/2006.

2010/03/19
Committee: ENVI

2008/0198(COD)

Council position
Article 9 – paragraph 1

1. The competent authorities shall carry out checks, based on risk analysis and at appropriate intervals, to verify if operators comply with the requirements set out in Articles 4 and 5.

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE

Council position
Article 9 – paragraph 1 a (new)

1a. The checks may include inter alia: (a) examination of measures and procedures that form part of the due diligence system; (b) examination of documentation and records that demonstrate the proper functioning of the due diligence system; (c) spot checks, including on-site checks, if necessary.

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE

Council position
Article 9 – paragraph 2

2. Operators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and to documentation and records.

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE

Council position
Article 9 – paragraph 3

3. Where, following the checks referred to in paragraph 1, shortcomings have been detected, such as the use of an incomplete or ineffective due diligence system to minimise the risk of illegally harvested timber and timber products being placed on the market, the competent authorities may issue a notice of remedial actions to be taken by the operator. Any failure by the operator to take such remedial action may give rise to penalties in accordance with Article 17.

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Article 11 a (new)

Article 11a Advisory Group 1. An Advisory Group shall be established, consisting of representatives of interested stakeholders, including, inter alia, forest-based industry representatives, forest owners, the timber trade, non- governmental organisations (NGOs) and consumer groups, and chaired by a representative of the Commission. 2. Representatives of Member States and of the European Parliament may participate in the meetings of the Advisory Group. 3. The Commission shall consult the Advisory Group before taking decisions pursuant to this Regulation.

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Article 17

(a) The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. (b) The penalties provided for must be effective, proportionate and dissuasive. and may include, inter alia: (i) fines proportional to the environmental damage, the value of the timber or timber products concerned and the tax losses and economic detriment resulting from the infringement; the level of the penalties shall be calculated in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their serious infringements, without prejudice to the legitimate right to exercise a profession; the fines for repeated serious infringements will be gradually increased; (ii) seizure of the timber and timber products concerned; (iii) immediate suspension of authorisation to trade. (c) The Member States shall notify those provisions to the Commission and shall notify it without delay of any subsequent amendments affecting them.

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 2 a (new)

- 4404 Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking sticks, umbrellas, tool handles or similar; chipwood and similar;

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 2 b (new)

- 4405 00 00 Wood wool; wood flour;

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 13 a (new)

- 4417 00 00 Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood;

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 14 a (new)

- 4419 00 Tableware and kitchenware, of wood;

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 14 b (new)

- 4420 Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling within Chapter 94;

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 14 c (new)

- 4421 Other articles of wood (clothes hangers etc.);

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 15

- Pulp and paper of Chapters 47, 48 and 489 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products;

2010/04/27
Committee: ENVI

2008/0198(COD)

Gaston FRANCO, Françoise GROSSETÊTE, Catherine SOULLIE, Cristina GUTIÉRREZ-CORTINES

Council position
Annex – indent 16

- 9401 61 00, 9401 69 00, 9401 90 30, 9403 30, 9403 40, 9403 50 00, 9403 60 and 9403 90 30 Wooden furniture;

2010/04/27
Committee: ENVI

2008/0196(COD)

Catherine SOULLIE, Damien ABAD, Philippe JUVIN, Constance LE GRIP

Proposal for a directive
Recital 11 k (new)

(11k) This Directive shall be without prejudice to the application of the provisions of the Member States relating to the acquisition of immovable property and guarantees relating to immovable property or the formation or transfer of rights in immovable property. This includes agreements connected with such legal acts, such as sales of immovable property still to be developed and hire- purchase.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 14

(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace~~. In an off- premises context, consumers are under psychological pressure no matter whether they have solicited the trader's visit or not. Furthermore, i~~, after an unsolicited visit by the trader. In order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract. Contracts which, according to the provisions of the Member States, are authenticated by a public official are not considered as off-premises contracts nor as distance contracts within the meaning of this directive.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – introductory part

(8) "off-premises contract' means any contract between a trader and a consumer for the provision of a good or service :

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a

(a) ~~any sales or service contract~~which is concluded away from business premises with the simultaneous physical presence of the trader and the consumer ~~or any sales or service~~, unless the consumer himself has established the business contract ~~for which an offer was made by the consumer~~ with the trader or his agent for the purpose of concluding the ~~same circumstances~~contract, or

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Damien ABAD, Philippe JUVIN, Constance LE GRIP

Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b

(b) ~~any sales or service contract~~which is concluded on business premises but ~~negotiat~~whose main components have been determined away from business premises, with the simultaneous physical presence of the trader and the consumer. This excludes contracts which, according to the provisions of the Member States, are authenticated by a public official.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 3 – paragraph 4 a (new)

4a. This directive shall be without prejudice to the application of the provisions of the Member States relating to the formation, acquisition or conveyance of rights in immovable property or guarantees in immovable property.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point e

(e) the existence or the absence of a right of withdrawal~~, where applicable~~ ;

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Constance LE GRIP, Amalia SARTORI

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. The information requirements referred to in paragraph 1 shall be deemed to have been successfully fulfilled by the trader when the information is provided in such a way so as to guarantee full awareness of the average consumer, who is expected to be observant and circumspect when concluding a contract.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 10 – paragraph 2

2. An off-premises contract shall only be valid if the consumer signs an order form and ~~in cases where the order form is not on paper,~~ receives a copy of theis order form on ~~ano~~ther durable medium of his choice.

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Constance LE GRIP, Amalia SARTORI

Proposal for a directive
Article 11 – paragraph 2

2. If the trader makes a telephone call to the consumer with a view to concluding a distance contract, he shall disclose his identity and the commercial purpose of the call at the beginning of the conversation with the consumer.The trader shall send to the consumer a confirmation of the offer on a durable medium. The consumer is bound to the contract only by his signature.

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Constance LE GRIP, Amalia SARTORI

Proposal for a directive
Article 11 – paragraph 4

4. The consumer shall receive confirmation of all the information referred to in Article 95(a) to (fj), on a durable medium, in reasonable time after the conclusion of any distance contract, and at the latest at the time of the delivery of the goods or when the performance of the service has begun, unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium.

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Constance LE GRIP, Amalia SARTORI

Proposal for a directive
Article 11 – paragraph 4 a (new)

4a. The durable media referred to in paragraphs 2 and 4 shall be chosen by the consumer.

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Constance LE GRIP, Amalia SARTORI

Proposal for a directive
Article 11 – paragraph 4 b (new)

4b. For the contract to be valid, the consumer shall be able to check all the details of his order and the total price before giving a final approval.

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Damien ABAD, Philippe JUVIN, Amalia SARTORI

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2

The consumer shall only be charged for the direct cost of returning the goods ~~unless the trader has agreed to bear that cost~~. He shall not be charged for that cost if the trader has agreed to bear it or if the cost of returning the goods is more than EUR 50.

2010/10/25
Committee: IMCO

2008/0196(COD)

Catherine SOULLIE, Damien ABAD, Philippe JUVIN, Amalia SARTORI

Proposal for a directive
Article 19 – paragraph 1 – point c a (new)

ca) the supply of foodstuffs, beverages and other hygienically sensitive goods, or goods that may create a sanitary risk if returned within the withdrawal period;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 20 a (new)

Article 20a Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in Articles 1 to 20, including more or less stringent provisions intended to ensure a different level of consumer protection.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 22 – paragraph 1

1. ~~Unless the parties have agreed otherwise, t~~The trader shall deliver the goods by transferring the material possession of the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, on the day agreed between the trader and the consumer, within a maximum of thirty days from the day of the conclusion of the contract.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 22 – paragraph 2 a (new)

2a. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 22.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 29 – paragraph 2 – introductory part

2. The guarantee statement shall be drafted in plain intelligible language and be legible. The guarantee shall be drafted in the language of the contract. It shall include the following:

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 29 – paragraph 3

3. If the consumer so requests, the trader shall make the guarantee statement available in a durable medium, chosen by the consumer.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 29 – paragraph 4 d (new)

4d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in Article 29.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 31 – paragraph 4

4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer. , except for presentational requirements in relation to persons with disabilities. This Article does not affect the freedom of the Member States to impose additional requirements for the validity or effects of the contract such as the authentication of the contract or the certification of the signature.

2010/10/25
Committee: IMCO

2008/0196(COD)

Françoise GROSSETÊTE, Catherine SOULLIE, Michel DANTIN

Proposal for a directive
Annex 3 – paragraph 1 – point g

(g) allowing the trader to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract, as a result of this increase;

2010/10/25
Committee: IMCO

2008/0028(COD)

Proposal for a regulation
Article 53 – subparagraphs 3 and 3 a (new)

Articles 29 to 34 shall apply from [the first day of the month 3 years after the entry into force] except in the case of foods labelled by food business operators with, on the date of entry into force, less than 150 employees and whose annual turnover and/or annual balance sheet total does not exceed EUR 210 million where they shall apply [the first day of the month 5 years after the entry into force]. Foods placed on the market or labelled prior to [date of entry into force] which do not comply with this Regulation may be placed on the market until their date of minimum durability or use-by date.

2009/12/22
Committee: ENVI

2008/0028(COD)

Françoise GROSSETÊTE, Catherine SOULLIE, Michel DANTIN

Proposal for a regulation
Annex I – point 13

~~13. ‘principal field of vision’ means the field of vision that is most likely to be displayed or visible under normal or customary conditions of sale or use.~~deleted

2009/12/22
Committee: ENVI

2008/0028(COD)

Françoise GROSSETÊTE, Catherine SOULLIE, Michel DANTIN

Proposal for a regulation
Annex IV – point 2

– processed products which the only processing they have been subjected to is smoking or maturing, and dried fruits and vegetables such as prunes or apricots, and that comprise a single ingredient or category of ingredients;

2009/12/22
Committee: ENVI

2007/0286(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Council position
Recital 23

(23) In order to ensure that the operation of an installation does not deteriorate the quality of soil and groundwater, it is necessary to establish, through a baseline report, the state of soil and groundwater contamination. The baseline report should be a practical tool that permits, as far as possible, a ~~quantified~~ comparison between the state of the site described in that report and the state of the site upon definitive cessation of activities, in order to ascertain whether a significant increase in pollution of soil or groundwater has taken place. The baseline report should therefore contain information making use of existing data on soil and groundwater measurements and historical data related to past uses of the site.

2010/03/30
Committee: ENVI

2007/0286(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Council position
Recital 24

(24) In accordance with the polluter pays principle, when assessing the level of significance of the pollution of soil and groundwater caused by the operator which would trigger the obligation to return the site to the state described in the baseline report, Member States should take into account the permit conditions that have applied over the lifetime of the activity concerned, the pollution prevention measures adopted for the installation, and the relative increase in pollution compared to the contamination load identified in the baseline report. Liability regarding pollution not caused by the operator is a matter for relevant national law and, where applicable, other relevant Union law. Future new or revised EU legislation on soil and groundwater protection should be drafted without prejudice to the provisions of this Directive.

2010/03/30
Committee: ENVI

2007/0286(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Council position
Recital 37

(37) In order to prevent, reduce and, as far as possible, eliminate pollution arising from industrial activities in the most cost effective way while ensuring a high level of protection of the environment as a whole, in particular through the implementation of best available techniques, the possibilities for market based instruments such as trading in nitrogen oxides and sulphur dioxide emissions could be explored.deleted

2010/03/30
Committee: ENVI

2007/0286(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Council position
Article 15 – paragraph 4 – subparagraph 1

4. ~~By way of derogation from paragraph 3, t~~The competent authority may, in specific cases, on the basis of an assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values deviating from those set by the application of paragraph 3.

2010/03/30
Committee: ENVI

2007/0286(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Council position
Article 15 – paragraph 4 – subparagraph 2

The competent authority shall provide the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed. These reasons shall be kept at the disposal of the Commission and the Member States, subject to commercial confidentiality.

2010/03/30
Committee: ENVI

2007/0286(COD)

Catherine SOULLIE, Françoise GROSSETÊTE, Gaston FRANCO

Council position
Article 15 – paragraph 4 – subparagraph 4

~~The Commission may establish guidance specifying the criteria to be taken into account for the application of this paragraph.~~deleted

2010/03/30
Committee: ENVI

2007/0286(COD)

Council position
Article 22 – paragraph 2 – subparagraph 2

The baseline report shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a ~~quantified~~ comparison with the state upon definitive cessation of activities provided for under paragraph 3.

2010/03/30
Committee: ENVI

2007/0286(COD)

Council position
Article 22 – paragraph 3 – subparagraph 1

3. Upon definitive cessation of the activities, the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation. Where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2, the operator shall take the necessary measures to address that pollution so as to return the site to ~~that state~~a state that is compatible with its current or future use approved by the competent authority when it gave its initial authorisation, taking into account the risks posed to the environment and human health. For that purpose, the technical and economic feasibility of such measures may be taken into account.

2010/03/30
Committee: ENVI

2007/0286(COD)