875 Amendments of Andris AMERIKS
Amendment 12 #
2023/2059(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market,
Amendment 20 #
2023/2059(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the Commission Regulation (EC) No 906/2009 of 28 September 2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia),
Amendment 22 #
2023/2059(INI)
Motion for a resolution
Recital A
Recital A
A. whereas our ports are the European Union’s gateways to the world and as such play a crucialn increasingly important role in our economy, wealth and jobs, both by facilitating trade and in the energy transitioy facilitating trade, being nodes of energy, clusters of industry and blue economy, and as facilitators of military mobility; on top of their logistical role at the crossroads of supply chains, ports are crucial partners in getting Europe’s economy and society through the energy transition by enabling the production, supply and import of clean energies and technologies, including for hydrogen, as well as by facilitating the supply chain for realising the Net-Zero Industry Plan;
Amendment 36 #
2023/2059(INI)
Motion for a resolution
Recital B
Recital B
B. whereas ports carry out a vital public service and should be valued as suchrecognised and valued as such; whereas ports have demonstrated again this vital and resilient role during recent and ongoing European and international crises, including the COVID pandemic and Russia’s war of aggression against Ukraine by ensuring the continuance of supply chains and setting up alternative routes, as well as in the energy crisis by safeguarding Europe’s energy security, including through establishing at short term alternative routes for the provision of LNG and increasing Europe’s gas storage;
Amendment 60 #
2023/2059(INI)
Motion for a resolution
Recital D
Recital D
D. whereas non-EU entities have strategically increased their stakes in European port operations, companies, terminals and port infrastructure;
Amendment 69 #
2023/2059(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights repeated warnings by intelligence agencies against the risks of economic dependence, espionage and sabotage caused by the economic presence of entities, including vessels, from non-EU countries in our critical infrastructure and strategic sectors, such as ports9 ; _________________ 9 Dreigingsbeeld Statelijke Actoren 2 (in Dutch): https://open.overheid.nl/documenten/ronl- f76b037c88b27bbede038d38647642b4082 45240/pdf.
Amendment 73 #
2023/2059(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that port concessions and/or lease contracts, whereby the port managing body is setting the multiple conditions (operational, social, environmental, etc.) under which a terminal should be operated, are an essential and important tool for the port managing bodies to safeguard the control of the port managing body and intervene in cases of breaches of contracts;
Amendment 83 #
2023/2059(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to present an EU strategic policy framework to reduce and limitkeep the influence and operational control by non-EU countries in the EU’s ports and in their processes and hinterland operations limited to a strict level avoiding effective participation or control (direct or indirect) in the management of a port authority;
Amendment 92 #
2023/2059(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to continuously monitor and report to the relevant authorities in the Member States on the influence of non-EU countries in EU portscritical EU ports infrastructure, EU terminal management and global container shipping and assess the potential links between the actions of a given non- EU country in these sectors;
Amendment 102 #
2023/2059(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that limiting foreign investments in an individual port in one Member State can negatively affect the competitive position of that port compared to neighbouring ports that do not have these limitations, which underlines the need for a joint European strategyapproach covering foreign investments in all EU critical infrastructures, including critical port infrastructure;;
Amendment 108 #
2023/2059(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the forthcoming review of the Foreign Direct Investment Regulation and calls for making a foreign direct investment screening system mandatory in all Member States, in order to ensure a level playing field across Europe; considers that assessments on the basis of this Regulation should take place within a reasonable timeframe and respect confidentiality during the screening process, in view of ensuring legal certainty for potential investors;
Amendment 111 #
2023/2059(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recognises that the Distortive Foreign Subsidies Regulation is only applicable as of July 2023; considers it therefore too early to assess its functioning; stresses, however, the importance of monitoring its implementation in due time as to assess its full impact;
Amendment 119 #
2023/2059(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to research and assess the impact of vertical integration in maritime logistics, the Consortia Block Exemption Regulation and, the formation of container alliances and the advantageous fiscal climate on the competitiveness of Europe’s ports; calls on the Commission to look particularly at the impact of these developments on non- EU country influence in EU ports; calls on the Commission to intervene when necessary, in order to ensure a fair power balance and level playing field between all actors in the port ecosystem and to safeguard a healthy, competitive and diversified maritime and logistics environment for Europe’s ports;
Amendment 129 #
2023/2059(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that, in particular, aggregated Chinese presence of non-EU state- owned companies in the core network ports and nodes of the Trans- European Transport Network (TEN-T) carries important implications for the resilience of individual nodes and the network as a whole;
Amendment 134 #
2023/2059(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Commission and the Member States to carry out a risk assessment of China’sthe involvement of non-EU state-owned companies in maritime infrastructures that includes its impact on labour and the environment, dependencies, an assessment of bottlenecks in the shipping of goods from Chinasuch non-EU states to the EU and transhipment;
Amendment 144 #
2023/2059(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Suggests that all Member States introducthat do not yet have laws to retake control of portscritical ports infrastructure, terminals and other maritime infrastructure to introduce such laws and develop contingency plans for a major conflict scenario; highlights repeated warnings by intelligence agencies against the risks of economic dependence, espionage and sabotage caused by the economic presence of entities from non-EU countries in our critical infrastructure and strategic sectors, such as ports;
Amendment 149 #
2023/2059(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to specifically address the need to reduce the risks of espionage and sabotage by foreign vessels and in ports with a military function, such as ports that are used by NATO;
Amendment 158 #
2023/2059(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to addresspay particular attention to the use of trusted technology in maritime logistics and in the functioning of container terminals; expresses its concern about the increasing dependence on non-EU producers for (border) security equipment in ports, as well as ship-to-shore cranes which are able to collect data on the origin and destination of containers;
Amendment 168 #
2023/2059(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that while data-sharing in logistics contributes to the efficiency, agility and resilience of supply chains, the use of non-EU state-controlled platforms in ports may poses economic and strategic risks for the EU and, which should be prevented;
Amendment 171 #
2023/2059(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that EU ports are key entry points for illicit drugs andillicit drugs are increasingly infiltrating Europe’s society; recognises that ports as gateways to trade are sometimes being misused by criminal organisations for the trafficking of illicit products, in particular drugs, which can undermine the security of the port, supply chains and the people working there; calls on the Commission to present measures for effective European cooperation between all relevant authorities and players to combat drug trafficking, extraction and criminal subversion;
Amendment 184 #
2023/2059(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the vital role ports play in the energy transition as energy hubs for the conversion, conditioning and storing of energy carriers, for the import of critical raw materialhydrogen and other crucial energy sources as well as of critical raw materials, as essential hubs in the development of EU Net-Zero industry ecosystems, as servicing stations for offshore energy facilities and as nodes in transport systems supporting the energy transition;
Amendment 189 #
2023/2059(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines that European ports are pivotal in safeguarding Europe’s energy security and in reducing its external energy dependency; stresses that Europe’s ports have been and will be instrumental in repowering Europe in the short term as well as in reinforcing the efforts to prepare for a fossil-free energy landscape in Europe;
Amendment 200 #
2023/2059(INI)
17. Calls on the Commission to address the increasing need for investments in ports and their infrastructure, which are of high societal value but often lack the required return on investment for the investing port, so that they can continue to assume their role in the energy transition;
Amendment 216 #
2023/2059(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines that an energy transition in ports will not be possible without a skilled workforce, easy and swift permitting procedures, adequate public and private funding, as well as EU legislation adequately recognising and facilitating the energy role of ports, including in the TEN-T Regulation;
Amendment 230 #
2023/2059(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that strengthening the economic position of EU ports and improving their competitiveness in a global economy is crucial for limiting foreign influence and security risks as well as for Europe’s supply chain sovereignty; considers that European legislation that risks to undermine the competitiveness of EU ports and creates carbon and business leakage to ports outside the EU should therefore be avoided;
Amendment 247 #
2023/2059(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to analyse and address the investment needs of Europe’s ports in order for them to be competitive in the future and to work towards a more stable investment climate including transparencythat is attractive to foreign investors and ensures legal certainty for potential investors and that includes transparency on outcomes of and predictability in investment assessments;
Amendment 253 #
2023/2059(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that in the last 20 years Europe has seen an increase of trade flows from non-European countries; and that ports are not stand- alone assets as they have their place in a vast system of maritime logistics and supply chains driven by demand from European importers and exporters;
Amendment 261 #
2023/2059(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines the importance of thea solid and well-thought-out EU Global Gateway initiative as a tool to build strategic, sustainable and secure transport corridors and support global value chains; considers that the initiative may therefore enhance the connectivities and competitiveness of Europe’s ports when investments are chosen strategically and safeguard the level playing, and can be a strategic global alternative to the Chinese Belt and Road Initiative;
Amendment 268 #
2023/2059(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the urgent need for improving the strength and capacity of hinterland connections of Europe’s ports, particularly those that are part of TEN-T, including to reach the goals set in the Net-Zero Industry Act;
Amendment 2 #
2023/0373(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) MAs micro, small and medium-sized enterprises (SMEs) inaccount for an important share of the pellet supply chain, they should comply with the relevant obligations laid down in this Regulation, however they could face proportionally higher costs and difficulties when complying with some of the obligations. The Commissionwhile taking into consideration the possible different challenges in compliance and the possible proportionally higher costs. The Commission and the competent authorities should raise awareness among economic operators and carriers regarding the necessity of preventing pellet losses. Additionally, the Commission and the competent authorities should develop training materials to assist them in fulfilling their obligations, particularly with respect to the requirements of the risk assessment. Member States should provide access to information and assistance regarding compliance with obligations and the risk assessment requirements. Regarding the assistance of Member States, this could include technical and financial support as well as specialised training to to all personnel handling pellets in the SMEs. Member States actions should be taken in respect of applicable State aid rules.
Amendment 6 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The CommissionBy 6 months after the entry into force of this Regulation the Commission and the competent authorities shall develop awareness raising and training material on the sound implementation of the obligations laid down in this Regulation. This shall be done based on the non-binding Recommendation adopted by the parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) in consultation with representatives of economic operators, carriers, and certifiers, including micro, small and medium-sized enterprises and in collaboration with competent authoritie, social partners, civil society representatives and non-governmental organisations.
Amendment 13 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 – point a
Article 12 – paragraph 2 – subparagraph 2 – point a
(a) financial support including through fiscal incentives;
Amendment 16 #
2023/0373(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall strongly encourage training programmes for the qualification of certifiers’ personnel.
Amendment 25 #
2023/0081(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers, as well as the corresponding upgrading and adaptation of transport connectivity infrastructure to and from manufacturing sites, to ensure a supply chain approach.
Amendment 30 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments. To ensure a supply chain approach, where needed, the upgrading and adaptation of transport connectivity infrastructure to and from manufacturing sites should also benefit from faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 43 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way. This also implies an efficient connectivity between EU manufacturing sites and all EU markets to ensure a supply chain approach.
Amendment 63 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies, including where relevant the supply chain and connectivity infrastructure, in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 69 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) the corresponding upgrading and adaptation of supply chain and transport connectivity infrastructure, in view of ensuring the trade flows to and from the manufacturing sites to the (EU) markets.
Amendment 74 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, including where relevant the supply chain and connectivity infrastructure, except for Articles 26 and 27 of this Regulation, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
Amendment 81 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; renewable material technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 84 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a RegulationDirective (EU) 2018/2001 of the European Parliament and of the Council, on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.the promotion of the use of energy from renewable sources
Amendment 91 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies, including where relevant the upgrading and adaptation of supply chain and transport connectivity infrastructure;
Amendment 96 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The permit-granting process for net-zero technology manufacturing projects, including where relevant the upgrading and adaptation of supply chain and transport connectivity infrastructure, shall not exceed any of the following time limits:
Amendment 145 #
2023/0081(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids enabling demand side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers, as well as the corresponding upgrading and adaptation of transport connectivity infrastructure to and from manufacturing sites, to ensure a supply chain approach.
Amendment 159 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments. To ensure a supply chain approach, where needed, the upgrading and adaptation of transport connectivity infrastructure to and from manufacturing sites should also benefit from faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 160 #
2023/0081(COD)
Proposal for a regulation
Annex I
Annex I
Strategic net-zero technologies 1 Solar photovoltaic and solar thermal technologies 2 Onshore wind and offshore renewable technologies 3 Battery/storage technologies 4 Heat pumps and geothermal energy technologies 5 Electrolysers and fuel cells 6 Sustainable biogas/biomethane and sustainable alternative fuel technologies 7 Carbon Capture and storage (CCS) technologies 8 Grid technologies and Carbon Capture and use (CCU) technologies 8 Grid technologies 8a Renewable raw material for plastics
Amendment 235 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way. This also implies an efficient connectivity between EU manufacturing sites and all EU markets to ensure a supply chain approach.
Amendment 418 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies, including where relevant the supply chain and connectivity infrastructure, in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 441 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) c) the corresponding upgrading and adaptation of supply chain and transport connectivity infrastructure, in view of ensuring the trade flows to and from the manufacturing sites to the (EU) markets.
Amendment 469 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, including where relevant the supply chain and connectivity infrastructure, except for Articles 26 and 27 of this Regulation, which apply to innovative net-zero technologies. Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
Amendment 544 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies, including where relevant the upgrading and adaptation of supply chain and transport connectivity infrastructure;
Amendment 669 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The permit-granting process for net-zero technology manufacturing projects, including where relevant the upgrading and adaptation of supply chain and transport connectivity infrastructure, shall not exceed any of the following time limits:
Amendment 191 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 2 – paragraph 1 – point b
Article 2 – paragraph 2 – point 2 – paragraph 1 – point b
(b) where they are not part of a network and are owned or controlled by public sector bodies: buildings or entries to buildings, including rooftops, parts of the facade and any other asset including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations.
Amendment 200 #
2023/0046(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) ‘fibre-readygigabit-capable in-building physical infrastructure’ means in-building physical infrastructure intended to host optical fibre or wireless elements;
Amendment 358 #
2023/0046(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from Article 43(1), point (a) of Directive (EU) 2018/1972, where rights of way over or under public or private property are required for the deployment of elements of very high capacity networks or associated facilities in addition to permits, competent authorities shall grant such rights of way within the 4three month period from the date of receipt of the application.
Amendment 383 #
2023/0046(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
In-building physical infrastructure and fibre wiring
Amendment 389 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. All buildings at the end user’s location, including elements under joint ownership, newly constructed or undergoing major renovation works, for which applications for building permits have been submitted after [ENTRY INTO FORCE + 129 MONTHS], shall be equipped with a fibre-readygigabit-capable in-building physical infrastructure up to the network termination points as well as with in- building fibre wiring.
Amendment 393 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [ENTRY INTO FORCE + 128 MONTHS], all buildings at the end-users’ location, including elements thereof under joint ownership, undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall be equipped with a fibre-readygigabit-capable in- building physical infrastructure, up to the network termination points, as well as with in- building fibre wiring. All multi-dwelling buildings undergoing major renovations as defined in point 10 of Article 2 of Directive 2010/31/EU shall also be equipped with an access point.
Amendment 398 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Member States shall adopt the relevant standards or technical specifications that are necessary for the implementation of paragraphs 1, 2 and 3 before [ENTRY INTO FORCE + 915 months]. Those standards or technical specifications shall set at least:
Amendment 405 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Buildings equipped in accordance with this Article shall be eligible to receive a ‘fibre-readygigabit-capable’ label.
Amendment 407 #
2023/0046(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Member States shallmay set up certification schemes for the purpose of demonstrating compliance with the standards or technical specifications referred to in paragraph 4 as well as for qualifying for the ‘fibre-readygigabit-capable’ label provided for in paragraph 5 before [ENTRY INTO FORCE + 128 months]. Member States shall make the issuance of the building permits referred to in paragraphs 1 and 2 conditional upon compliance with the standards or technical specifications referred to in this paragraph on the basis of a certified test report.
Amendment 423 #
2023/0046(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In the absence of available fibre- readygigabit- capable in-building physical infrastructure, every public electronic communications network provider shall have the right to terminate its network at the premises of the subscriber, subject to the agreement of the subscriber, provided that it minimises the impact on the private property of third parties.
Amendment 458 #
2023/0046(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. It shall apply from [624 months after its entry into force].
Amendment 20 #
2023/0042(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), are at the core of the Communication on the “European Green Deal”, adopted by the Commission on 11 December 201910 . The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens and the Russia's invasion of Ukraine including rebuilding of Ukraine after war. __________________ 10 Commission Communication of 11 December 2019 on the European Green Deal, COM(2019) 640 final.
Amendment 29 #
2023/0042(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 3 #
2022/2024(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the purpose of the annual report on the outcome of the Committee on Petitions' deliberation is to present an analysis of the petitions received in 2021 and of relations with other institutions, and to present an accurate picture of the objectives achieved in 2021;
Amendment 12 #
2022/2024(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, however, the overall number of petitions remains modest in relation to the total population of the EU, revealing that efforts still need to be stepped up to increase citizens’ awareness about their right to petition, or of its possible usefulness as a means of drawing the attention of the EU institutions and the Member States to matters that affect and concern them directly; whereas, in exercising the right to petition, citizens expect that the EU institutions will provide added value in finding a solution to their problems;
Amendment 17 #
2022/2024(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, of the 1 392 petitions submitted in 2021, 368 were declared inadmissible and 17 were withdrawn; whereas the relatively high percentage (26.5 %) of inadmissible petitions in 2021 demonstrates that there is still a widespread lack of clarity about the scope of the Union’s areas of responsibility; whereas to remedy this situation, communication with citizens needs to be encouraged and improved;
Amendment 20 #
2022/2024(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas each petition is considered and examined carefully, efficiently and transparently;
Amendment 21 #
2022/2024(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas petitioners tend to be citizens engaged in safeguarding fundamental rights and in the improvement and future wellbeing of our societies; whereas the experience of those citizens in regard to the processing of their petitions is very influential in determine their perception of the EU institutions and respect for the right to petition contained in EU law;
Amendment 23 #
2022/2024(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the right to petition the European Parliament is one of the fundamental rights of EU citizens; whereas the right to petition provides EU citizens and residents with an open, democratic and transparent mechanism to address their elected representatives directly and is therefore essential to enable citizens to participate actively and effectively in the life of the Union; whereas, through petitions, EU citizens can complain about failures to implement EU law and help detect breaches of EU law;
Amendment 26 #
2022/2024(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the European Parliament is the only EU institution directly elected by EU citizens; whereas the right to petition offers Parliament the opportunity to enhance its responsiveness to complaints and concerns relating to the respect for EU fundamental rights and compliance with EU legislation in the Member States; whereas petitions are therefore a useful source of information on instances of misapplication or breaches of EU law and, thus, enable Parliament and other EU institutions to assess the transposition and application of EU law and its impact on the rights of EU citizens and residents;
Amendment 29 #
2022/2024(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas the Committee on Petitions is best able to show citizens what the European Union does for them and what solutions it can provide at European, national or local level;
Amendment 30 #
2022/2024(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
J b. whereas the partisan use of the Committee on Petitions can lead to its inappropriate use and, therefore, to the deterioration of citizens' trust in this body and in the rest of the European institutions; whereas the discussions of the Committee on Petitions are sometimes used to address national or regional issues outside the scope of competence attributed by the Treaties and that the study of petitions is exclusively conditioned by criteria of majorities, ignoring the minorities and thus preventing serious debates or complaints;
Amendment 35 #
2022/2024(INI)
Motion for a resolution
Recital L
Recital L
Amendment 36 #
2022/2024(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the main subjects of concern raised in petitions submitted in 2021 related to fundamental rights (in particular the impact of COVID-19 emergency measures on the rule of law and democracy, as well on the freedom of movement and the right to work, as well as a large number of petitions related to LGBTQ+ rights in the Union), health (notably questions on the public health crisis resulting from the persistence of the pandemic, ranging from the protection of citizens’ health, including vaccination policy, to the use, implementation and application of the EU Digital COVID Certificate in the Member States and the alleged discrimination between vaccinated and non-vaccinated persons), the environment (mostly concerning mining activities and their impact on the environment, nuclear safety, air pollution and the deterioration of natural ecosystems), minority rights and discrimination (including the rights of national or linguistic minorities), education (in particular questions related to discriminatory access to education or contested national reforms of the law on education), the situation of EU students in the UK after the UK’s withdrawal from Erasmus+, and employment (in particular questions relating to national treatment of work contracts), in addition to many other areas of activity;
Amendment 41 #
2022/2024(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
R a. whereas the European Commission has an essential role in the Committee on Petitions as guardian of the Treaties and the information provided by the petitioners is useful to discover possible breaches or misapplications of the European law;
Amendment 48 #
2022/2024(INI)
Motion for a resolution
Paragraph 1 – point a (new)
Paragraph 1 – point a (new)
(a) Recalls that, in 2021, there were considerable differences in number of petitions submitted to the Committee on Petitions from the 27 EU Member States, with most of the petitions concerning Spain (17%),followed by Germany (9,7%), Italy (9,2%), Greece (5,9%), Romania (4,1%), Poland(4,0%) and France (2,6%); the number of petitions concerning the remaining Member States was less than 2% per Member State;
Amendment 50 #
2022/2024(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is of the opinion that the Committee on Petitions is equally available to citizens and residents in all 27 Member States and that the treatment of petitions should be geographically balanced and proportionate to the size of each Member State; believes in this respect that the European Parliament should increase the efforts to promote the role and work of its Committee on Petitions and raise all EU citizens’ awareness of the possibility to address a petition to the European Parliament;
Amendment 52 #
2022/2024(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Warns of the risk of potential reputational damage to the Committee on Petitions and the European Parliament as a whole if the treatment of petitions were politicised or used for domestic party- political objectives; recalls in this context the very European dimension of the Committee on Petitions whose role it is, in accordance with Article 227 of the Treaty on the Functioning of the European Union, to treat petitions on matters which come within the European Union's fields of activity;
Amendment 53 #
2022/2024(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Recalls the agreements between the political groups represented in the Committee on Petitions are essential to provide a balanced and understandable response to the petitioners; regrets the lack of agreement experienced in the last year; expresses concern about the problems caused by partisan use of the Committee on Petitions;
Amendment 55 #
2022/2024(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of a continuous public debate on the Union’s field of activity in order to ensure that citizens are correctly informed about the scope of the Union’s competences and the different levels of decision-making; calls, in this regard, for broader awareness raising campaigns, through the active involvement of communications services, to help increase citizens’ knowledge about their right to petition, as well as the scope of the Union’s responsibilities and the competences of the Committee on Petitions, with a view to reducing the number of inadmissible petitions and better responding to citizens’ concerns;
Amendment 66 #
2022/2024(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that petitions contribute considerably to the Commission’s role as guardian of the Treaties; stresses that reinforced cooperation between the Committee on Petitions and the Commission through timely and detailed answers from the Commission, which are based on thorough examination of the issues raised in petitions, are essential to ensure the successful treatment of petitions: reiterates its cCalls on the Commission forto regularly update the Committee on Petitions on developments in infringement proceedings and forto ensure that the Committee on Petitions gets access to relevant Commission documents on infringements and EU Pilot procedures which have been closed;
Amendment 68 #
2022/2024(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reminds that the e-Peti database is an important internal tool that allows the Members of the Committee on Petitions to access all necessary information in order to follow up on the state of play of each individual petition and to being able to make informed decisions when it comes to the petitions’ ongoing treatment or possible closure; to this end, thee-Peti database should be regularly updated and, if possible, linked to the European Commissions’ list of infringements;
Amendment 70 #
2022/2024(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Finds it worrying that the European Commission does not provide updated information on petitions under infringement procedures and on their state of play; deplores in this regard the lack of systematic follow-up in the communication with the Committee on Petitions; therefore, calls on the Commission to provide the Committee on Petitions with regular and updated information on infringement procedures which were launched based on the petitions received;
Amendment 75 #
2022/2024(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Encourages the European Parliament and the European Commission to develop a joint one-stop- shop IT tool which would include all the available information on the Commission’s follow-up actions taken on petitions, including the infringement procedures and other legislative or non- legislative actions;
Amendment 97 #
2022/2024(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers that a binding inter- institutional agreement between the European Parliament and the European Commission on treatment of petitions would be the best way forward in order to ensure a transparent and efficient process and thus to strengthen the citizens’ rights to address a petition to the European Parliament on a matter which comes within the Union's fields of activity, as enshrined in the Article 227 of the EU Treaty;
Amendment 43 #
2022/2022(INI)
Motion for a resolution
Paragraph 2 – point e a (new)
Paragraph 2 – point e a (new)
ea) ensuring and promoting train drivers and railway staff training, upskilling, reskilling and certification in line with future needs;
Amendment 61 #
2022/2022(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s proposal to speed up the roll-ouUnion-wide deployment of the ERTMS in the revision of the TEN-T Regulation;
Amendment 64 #
2022/2022(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the need to accelerate work on removing national operating and infrastructure rules and further develop deployment plans for the implementation of Technical Specifications for Interoperability to ensure these are coherent across borders; further emphasises that regulatory stability is a key enabler to unlock the investments needed from public and private stakeholders to meet the deployment objectives of ERTMS at EU and national level;
Amendment 67 #
2022/2022(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of ensuring the synchronised deployment of the trackside system and on-board units and the need for improved ERTMS governance to ensure such aa binding and synchronised deployment at both national and EU level;
Amendment 74 #
2022/2022(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises the need to ensure quick, sufficient and efficient financing and funding to support the investments;
Amendment 77 #
2022/2022(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reminds that adequate funding of the European Union Agency for Railways (ERA) is needed in order to provide additional support for the TEN-T completion objectives, particularly ERTMS and cross-border sections;
Amendment 80 #
2022/2022(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the timely completion of the multimodal, seamless TEN-T core network corridors by 2030 is imperative and must involve the elimination of bottlenecks and missing links and the completion of cross-border sections; supports the planned high-speed rail connections in the extended core network, to be realised by 2040; stresses the need for an EU Masterplan for High Speed, in the context of the revision of the TEN-T guidelines, which connects the EU capitals with high speed train services and improves the quality of infrastructure, the efficiency and the affordability of the services;
Amendment 112 #
2022/2022(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need for clear interoperable standards and further investments in rolling stock; reminds the Council's conclusions of 3 June 20211a stating that major investment by the sector in international long-distance rolling stock is required, particularly from private sector and reminding Member States of the existence of international agreements and treaties which facilitate private investment, such as the Luxembourg Rail Protocol to the Cape Town Convention; _________________ 1a Council's conclusions of 3 June 2021 "Putting Rail at the Forefront of Smart and Sustainable Mobility", Section V, Networks, investment and connectivity, point 38.
Amendment 118 #
2022/2022(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reminds that the Green Rail Investment Platform recently launched by the European Investment Bank (EIB) is a key initiative to support and boost public and private investment in rail projects; encourages rail operators, infrastructure managers, transport authorities and other stakeholders to access the platform in order to address specific market needs and boost opportunities to finance innovation, climate action and digitalisation in rail transport, including infrastructure projects as well as rolling stock and automation;
Amendment 124 #
2022/2022(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the lack ofe need for harmonisation of the certification of train drivers may hamperto improve their mobility between Member States and the development of long- distance passenger services, particularly in cross-border sections;
Amendment 126 #
2022/2022(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to support further development and deployment of digital tools, that are already being tested, to bridge the gaps of language of train drivers crossing borders and to offer a viable solution in the future to help with language barriers;
Amendment 133 #
2022/2022(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights that joining the "European Alliance for Apprenticeships" could be key for railway undertakings to equipping young people with skills and knowledge matching the current and future needs of the rail sector;
Amendment 146 #
2022/2022(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the role of digitalisation and better coordination, in particular for cross-border rail traffic; asks the Commission to consider the creation of a Union-level entity that oversees the optimisation of cross-border rail traffic and coordination mechanisms for its better integration to the national traffic and consequently, for more efficient management of rail capacity for both passenger and freight trains;
Amendment 149 #
2022/2022(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the role of digitalisation, the need for cybersecurity and better coordination, in particular for cross-border rail traffic;
Amendment 164 #
2022/2022(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Highlights that the track access charging is the primary revenue stream for Infrastructure Managers and it has to be economically viable for the Infrastructure Managers and provide the possibility to steer market demand.
Amendment 166 #
2022/2022(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Acknowledges that making long- distance rail passenger services more attractive requires more accessible smart ticketing and appropriate protection for passengers in the event of delays or missed connections for single options and through tickets, ensuring, as a minimum, journey continuation; further highlights the needed cooperation between railway undertakings and ticket vendors to develop a sector standard for ticket distribution, exchanging data under FRAND conditions based on commercial agreements and preventing the establishment of gatekeepers;
Amendment 181 #
2022/2022(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Takes note of the Commission’s upcoming proposal for a regulation on multimodal digital mobility services to enhance data exchange and facilitate the conclusion of fair commercial agreements, with both principles being binding for all market participants;
Amendment 185 #
2022/2022(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the importance of ensuring fair, affordable and advantageous ticket prices for all categories of passengers, including the most vulnerable, as well as the accessibility to the platforms and tickets providers, in particular for senior passengers as well as for people with reduced mobility;
Amendment 194 #
2022/2022(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
Amendment 199 #
2022/2022(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the Commission’s initiatives in placing the right incentives to drive the transition to zero-emission mobility. Transparent information should be available for passengers to make more sustainable choices. Transport environmental ecolabelling, including carbon footprint should be developed by the Commission to help passengers make well-informed choices for low-carbon mobility. Count Emission EU should establish a framework on transport- related greenhouse gas emission comparison and complement other regulatory measures such as CO2 standards for fleets, carbon pricing, taxation and infrastructure charging;
Amendment 54 #
2022/0160(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In the designated renewables go-to areas, renewable energy projects that comply with the rules and measures identified in the plan or plans prepared by Member States, should benefit from a presumption of not having significant effects on the environment. Therefore, there should be an exemption from the need to carry out a specific environmental impact assessment at project level in the sense of Directive 2011/92/EU of the European Parliament and of the Council24 , with the exception of projects which are likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests. Hydrogen production together with transport and storage of hydrogen should benefit from the presumption of not having a significant impact on the environment. The obligations under the UNECE Espoo Convention on environmental impact assessment in a transboundary context of 25 February 1991 should remain applicable for Member States where the project is likely to cause a significant transboundary impact in a third country. _________________ 24 Directive 2011/92/EU of the European parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.
Amendment 55 #
2022/0160(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) It should be acknowledged that it is not always possible to concentrate the plants for the production of energy from renewable sources, co-located energy storage facilities as well as assets necessary for their connection to the grid, in one specific location, not have it only on the land or on the sea side. It should moreover be acknowledged that, especially in port areas, in view of land use optimisation, there are multiple uses of a specific area, which have to be combined. The geographical approach should therefore be seen together with a functional approach;
Amendment 155 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
(3) b new
Article 15 b – paragraph 3a (new)
Article 15 b – paragraph 3a (new)
(3 a) When identifying the areas referred to in paragraph 1, Member states should not exclude other activities on this area. The permit granting process as defined in article 16 should however only relate to the renewable energy projects falling under this Directive.
Amendment 3 #
2021/2167(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Article 15 of the TFEU states that ‘in order to promote good governance and ensure the participation of civil society, the Union's institutions, bodies, offices and agencies shall conduct their work as openly as possible’ and that ‘any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have a right of access to documents of the Union's institutions, bodies, offices and agencies’; whereas ensuring that high- quality services are provided to EU citizens and that the EU administration is responsive to their needs and concerns is crucial in protecting citizens' rights and fundamental freedoms;
Amendment 6 #
2021/2167(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas Article 41(1) of the Charter of Fundamental Rights states that ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’;
Amendment 7 #
2021/2167(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas Article 43 of the Charter states that ‘any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role’;
Amendment 10 #
2021/2167(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Ombudsman receives a large number of complaints from individuals and organisations about the EU administration every year, and whereas the top three concerns in the inquiries closed by the Ombudsman in 2020 were transparency, accountability (access to information and documents) (25 %), culture of service (24 %) and proper use of discretionary powers, including in infringement procedures (17 %); whereas other concerns include ethical issues, respect for fundamental rights, sound financial management, whistleblowing, respect for procedural rights, recruitment and good management of EU personnel issues;
Amendment 15 #
2021/2167(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the main priority of the European Ombudsman is to ensure that citizens’ rights are fully respected and the right to good administration of EU institutions, bodies, offices or agencies reflects the highest standards;
Amendment 35 #
2021/2167(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
S a. whereas the Ombudsman launched an inquiry on how the Commission ensures that Hungary and Portugal’s use of ESI funds for care facilities for persons with disabilities is in line with the legal obligations stemming from the EU Charter of Fundamental Rights, the ESI funds Regulation and the UNCRPD
Amendment 36 #
2021/2167(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomApproves the annual report for 2020 presented by the European Ombudsman, and commends its excellent presentation on the most important facts and figures concerning the Ombudsman’s work in 2020;
Amendment 43 #
2021/2167(INI)
Motion for a resolution
Paragraph 4 – point a (new)
Paragraph 4 – point a (new)
(a) Emphasises the essential role of transparency, good administration and institutional checks and balances in the work of the EU institutions;
Amendment 47 #
2021/2167(INI)
Motion for a resolution
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Stresses that trust between citizens and the institutions is of paramount importance, especially in the context of the COVID-19 crisis;
Amendment 63 #
2021/2167(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Commends the Ombudsman’s determination to achieve the highest level of transparency in the EU decision- making process; stresses the need to monitor the implementation of the Ombudsman’s recommendations for transparency in trilogues; Reiterates its call for the publication of all trilogue documents in order to uphold citizens’ democratic rights, as full transparency at all stages of the legislative process, including in the informal negotiations between the three main EU institutions, is crucial to enabling citizens to hold their elected representatives and governments accountable;
Amendment 87 #
2021/2167(INI)
Motion for a resolution
Paragraph 18 – point a (new)
Paragraph 18 – point a (new)
(a) Calls on the Ombudsman to continue her work to ensure the timely publication of the names of all EU officials involved in ‘revolving door’ cases and to guarantee full transparency with regard to all related information;
Amendment 91 #
2021/2167(INI)
Motion for a resolution
Paragraph 19 – point a (new)
Paragraph 19 – point a (new)
(a) Welcomes the Ombudsman’s inquiries following complaints by persons with disabilities, and encourages her work as an active participant in the EU Framework for the UN Convention on the Rights of Persons with Disabilities;
Amendment 94 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point a (new)
Paragraph 20 – point a (new)
(a) Urges the Commission to investigate the use of European Structural and Investment Funds (ESI funds), which were allocated for the construction of institutional care facilities for persons with disabilities in Hungary and Portugal;
Amendment 95 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point b (new)
Paragraph 20 – point b (new)
(b) stresses that ESI related funds have been allocated to promote the rights of persons with disabilities to live independently and to be included in the community; stresses that it is essential to monitor the allocated EU funds, which should be used to support deinstitutionalisation in Member States;
Amendment 96 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point c (new)
Paragraph 20 – point c (new)
(c) Stresses that while Member States’ obligations as regards the principle of non-discrimination, including giving particular attention to accessibility to persons with disabilities throughout the preparation and implementation of projects should be respected;
Amendment 97 #
2021/2167(INI)
Motion for a resolution
Paragraph 20 – point d (new)
Paragraph 20 – point d (new)
(d) Emphasises the Ombudsman’s inquiry on how the European Border and Coast Guard Agency (Frontex) deals with alleged breaches of fundamental rights, in particular on their transparency and effectiveness of their complaint mechanism and the role and the independence of their Fundamental Rights Officer; calls on the Ombudsman to follow up with the Commission’s future actions on how its established monitoring mechanism will control the effectiveness of border management operations that are funded by the EU;
Amendment 105 #
2021/2167(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses the importance of the European Network of Ombudsmen (ENO) and annual meetings hosted with national and regional ombudsmen through the European Network of Ombudsmen to further raise awareness of what the Ombudsman’s Office can do for European citizens;
Amendment 106 #
2021/2167(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Welcomes the Ombudsman’s actions during the pandemic to keep regular contact with her fellow national colleagues from the European Network of Ombudsmen (ENO) and to organise and host webinars throughout 2020 on topics such as implications of the pandemic, sharing experiences and promoting best practices in the crisis response, and on the impact of Artificial Intelligence;
Amendment 107 #
2021/2167(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22 c. Welcomes the Ombudsman’s initiative on fast track procedure related to access to documents cases, aiming to have a decision on the requested documents within 40 working days; notes that in 2020 the average time to handle public access complaints is one third what is was before2018 when this procedure was introduced;
Amendment 4 #
2021/2156(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Encourages the undertaking to promote multimodality and the use of public transport, which will ensure that passengers are connected to the railway stations, airports, regardless of where and how they start their journey;
Amendment 5 #
2021/2156(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 8 #
2021/2156(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Encourages the undertaking to seek to develop, integrate, demonstrate, and validate innovative technologies and solutions that uphold the strictest safety and security standards in order to remove the remaining technical obstacles holding back the rail sector in terms of interoperability, product implementation and efficiency and to reduce the negative externalities linked to railway transport, in particular noise, vibrations, emissions and other environmental impacts;
Amendment 11 #
2021/2155(DEC)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the delivery of corporate tools and initiatives to secure the efficiency of the Undertaking operations’ full continuity despite the context of the COVID-19 crisis;
Amendment 12 #
2021/2155(DEC)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Welcomes the fact that despite the challenging circumstances, the Undertaking members and partners were successful in advancing new technologies and procedures through the SESAR innovation pipeline, in accordance with the timeline set by the European ATM Master Plan – Europe’s roadmap for the digital transformation of ATM;
Amendment 13 #
2021/2155(DEC)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
Amendment 7 #
2021/2149(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the fact that despite the Covid-19 crisis in 2020, the Undertaking is continuing the implementation of the action plan on synergies with Member States and regions that are interested in investing ESIF (European Structural and Investment Funds) or regional funds into the aeronautics area and other related technologies in this domain;
Amendment 8 #
2021/2136(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the continuous commitment from the Agency to the objective of creating a Single European Railway Area and its sustained work in key areas such as reducing national rules and ensuring the maturity of its technical specifications;
Amendment 14 #
2021/2136(DEC)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes the successful performance of the agency within the framework of the 4th Railway Package technical pillar;
Amendment 29 #
2021/2136(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes the Agency’s timely and adequate response to the COVID-19 pandemic consequences, in relation to both its staff/working arrangements and to the railway sector in general;
Amendment 4 #
2021/2134(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the fact that the Agency’s role in helping to assess and verify the implementation of EU maritime security legislation has increased over the years, in step with the demand for support to the Commission and the EFTA Surveillance Authority, which is expected to continue upwards, reflecting the growing priority at EU level;
Amendment 6 #
2021/2134(DEC)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 7 #
2021/2134(DEC)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Welcomes the Agency´s assistance for the Commission and the Member States to advance the simplification, harmonisation and rationalisation of reporting formalities;
Amendment 1 #
2021/2121(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the rate of cancelled appropriations relating to commitments carried over to 2020 increased to 5,46 % (3,7 % in 2019), above the 2,5 % target set by the Agency in its 2020 performance indicators and slightly above the 5 % ceiling set by the Commission. This was mainly due to the COVID-19 crisis and to the cancellations related to global travel restrictions, confinement measures, reduction in activities and cancellation of events; recommends that measures to be set in order to reach the 2,5% target;
Amendment 11 #
2021/2121(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the fact that the Agency signed a research contract funded by Horizon 2020 to improve the ICAO Annex 16 Volume II engine emissions sampling and measurement requirements and to propose more robust design and measurement techniques;
Amendment 10 #
2021/2106(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the fact that in the 2014-2020 period, CEF Transport co- funding amounting to EUR 23.03 billion was allocated to 959 actions. While addressing infrastructure along both the core and the comprehensive network of the trans-European transport network, the programme focuses its support on the core network, with more than 170 sections concerned.
Amendment 11 #
2021/2106(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets the low implementation rate of CEF during the 2014-2020 period:Highlights that CEF’s 2014-2020 cumulative implementation rate reflects the progress of the projects and recalls that CEF Transport projects are expected to be completed by the end of 2024; calls on Member States to significantly speed up investments, and on the Commission to step up its monitoring in view of the urgent need for infrastructure investment in order to facilitate a swift recovery from the Covid-19 crisis; icalls concerned that a significant under- the Commission and Member States to accelerate the execution of payments for transport infrastructure financed by the Cohesion Fund contribution to CEF for 2021 is expected, and tha2021-2027 to prevent implementation delays, and decommitment of funds might occur;
Amendment 15 #
2021/2106(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes that under CEF Transport, the roll-out of the CEF debt instrument to support green mobility projects continued, and the pipeline of operations grew further; underlines that despite the delays in investment decisions due to COVID-19, four new operations were signed under the high-risk ‘Future mobility’ product, leveraging total investments of EUR 266 million.
Amendment 19 #
2021/2106(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the positive evaluation of the Trans-European Transport Network (TEN-T) policy progress and the agreement on the Streamlining Directive, which will play a key role in accelerating pre-identified cross-border projects on the core network; notes however that there are bottlenecks along the corridors where more focus is needed to guarantee connectivity and timely completion of the core network by 2030; is concerned that phased and new projects along the TEN-T network arcould be at risk due delays in adoption of partnership agreements and cohesion programmes for the 2021-2027 period;
Amendment 2 #
2021/2077(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to its resolution of 17 September 2020 on maximising the energy efficiency potential of the EU building stock (Text adopted, P9_TA 2020/0227),
Amendment 13 #
2021/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers necessary to introduce mandatory minimum energy performance standards in residential buildings, hotels, accommodation etc;
Amendment 16 #
2021/2077(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses the need to provide adequate financial support to SMEs in the construction sector in order to encourage and stimulate the construction and renovation of buildings in accordance with mandatory minimum energy performance standards;
Amendment 19 #
2021/2077(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls for increasing joint investment in buildings and mobility, increase the goals for charging points in buildings, boosting innovation and the use of digital tools for e-mobility;
Amendment 23 #
2021/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the notion that recharging electric vehicles in residential and office buildings needs to complement publicly accessible recharging infrastructure to ensure the recharging capacity of electric vehicles;
Amendment 26 #
2021/2077(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers necessary to simplify and speed up the process of implementing recharging points for electric vehicles in residential and non-residential buildings;
Amendment 27 #
2021/2077(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the building renovation rate is currently low, at around 1 % per year, and the renovation programme does not always cover energy aspectimprovement of the energy efficiency and the increase in renewable energy sources;
Amendment 31 #
2021/2077(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that all building renovation work must be fully aligned with the energy efficiency first principle and contribute to the Union target of reaching climate neutrality by 2050 at the latest;
Amendment 34 #
2021/2077(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses that new constructions and renovations of residential and non- residential buildings shall take into account environmental aspects, the digital transition and electric mobility;
Amendment 35 #
2021/2077(INI)
4. Underlines the fact that the renovation of buildings plays an essential role for the decarbonisation, integration of renewables and digitalisation in the transport sector; stresses that energy efficiency measures and increased renovation rate for the existing building stock will be important to achieve the Union’s short-term and long-term climate objectives, and facilitate the transport sector’s contribution to these objectives;welcomes, in this regard, the Commission’s ambition in the ‘Renovation Wave’ to double annual energy renovation rates;
Amendment 37 #
2021/2077(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the New European Bauhaus initiative aims at removing the border between design and function, sustainable living, smart use of resources and innovative solutions, while ensuring social inclusion in the process;
Amendment 41 #
2021/2077(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises the need of an holistic, coherent and inclusive urban planning, as well as the promotion of safe and sustainable modes of transport and their supporting infrastructure, including the deployment of sustainable alternative fuels where full electrification is not yet possible;
Amendment 42 #
2021/2077(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that provisions in Article 2(a) of the EPBD will need to be strengthened in order to achieve 2050 climate-neutrality; at least 55 % GHG reductions by 2030 with the aim of achieving the EU’s net-zero carbon emission target by 2050 at the latest2050 climate-neutrality and that the Energy Efficiency Directive must be revised accordingly as well and the targets must be significantly increased;
Amendment 48 #
2021/2077(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges Member States to pay particular attention to the need to renovate car parks and other relevant buildings for recharging electric vehicles in their Long-Term Renovation Strategies (LTRSs); calls on Member States to outline to the highest possible degree of detail how these renovations will be carried out; calls on the Commission to provide guidance on the implementation of LTRSs;
Amendment 53 #
2021/2077(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 54 #
2021/2077(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that buildings are responsible for 36 % of total GHG emissions whereas the building renovation sector is one of the key areas in order to reduce GHG; regrets that not all LTRS are providing GHG reduction data, which makes it difficult to assess the ambition of the strategies in terms of climate mitigation;
Amendment 56 #
2021/2077(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Urges for more planning at local level to initiate transition processes to improve public health through strengthening active transport modes, improving air quality, preserve cultural heritage and integrate climate mitigation and adaptation measures;
Amendment 56 #
2021/2077(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that by increasing the renovation rate to 3 % of the total building stock by year across the EU and renovating 210 million existing buildings, we could create up to 2 million jobs;
Amendment 57 #
2021/2077(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Emphasises that electro-mobility solutions must be readily accessible to all people; highlights, in this regard, the need for the renovation of buildings, including car parks, to improve the accessibility for people with disabilities;
Amendment 57 #
2021/2077(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Believes that the LTRS should work as clear measures and monitoring tools that ensures that the yearly renovation rate increases; notes that the Renovation Wave strategy recently launched by the European Commission currently recommends “at least doubling” the renovation rate, in spite of recommendations that it must be tripled if we are to meet the EU’s climate targets;
Amendment 58 #
2021/2077(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
Amendment 59 #
2021/2077(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Considers that electricity suppliers and authorities shall take the necessary measures to guarantee access to electricity for vulnerable people;
Amendment 61 #
2021/2077(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. AcknowledgeRegrets that the EU did not reach its energy efficiency target in 2020; highlight that the national energy and climate plans (NECPs) have a collective ambition gap of national contributions to reach the energy efficiency target in 2030, therefore Member States will need to significantly increase their efforts;
Amendment 68 #
2021/2077(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reminds that preparing the LTRS should be an inclusive process where stakeholders must be taken on-board, and regrets that an analysis of this was not included in the evaluation;
Amendment 71 #
2021/2077(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that Member States broadly focused on decarbonising energy supply systems and greenhouse gas emissions, rather than actively applying the Energy Efficiency First Principle and improving the energy performance of buildings and thus reducing overall the energy consumption in this sector;
Amendment 80 #
2021/2077(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of sustainability in material use and resource consumption of a building’s lifecycle, from material extraction, construction and use, to end of use and demolition, including renewable and sustainable nature-based materials such as wood, and reminds that wood as a construction material acts as a long-term carbon storage and reduces the overall carbon footprint of the building;
Amendment 81 #
2021/2077(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of sustainability, life-cycle approach and circularity in material use and resource consumption of a building’s lifecycle, from material extraction, construction and use, to end of use and demolition, including renewable and sustainable nature-based materials such as wood; notes that further research into low-carbon materials is required as well as for low carbon processes;
Amendment 84 #
2021/2077(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Further highlights that building planning should improve the circularity of waste created at the different stages of the construction process;
Amendment 91 #
2021/2077(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Highlights that ensuring good indoor climate conditions as a part of the renovation process is of utmost importance, as mould spores and other harmful substances in indoor air can cause severe and life-long respiratory defects;
Amendment 93 #
2021/2077(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recognises that improvement and better harmonisation of EPCs across the EU Member States is needed to enhance the comparability and ensure quality and reliability of such certificates;
Amendment 97 #
2021/2077(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that ambitious goals for staged and deep renovation of the existing building stock will create millions of local, non-outsourceable jobs, in particular in small and medium-sized enterprises, and provide clean and affordable energy to consumers; linking building renovation with economic recovery after the COVID- 19 crisis is therefore a major opportunity for Members States to reduce GHG, create jobs and secure better quality living; encourage Member States to use this opportunity to link building renovation with economic recovery;
Amendment 106 #
2021/2077(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Reiterates its support for the energy efficiency first principle, meaning that energy savings and efficiency gains must be prioritised;
Amendment 107 #
2021/2077(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the principle of cost neutrality can help lift millions of people out of energy poverty and reduce energy bills; policy measures must prioritise the most energy-poor buildings in order to decrease energy poverty; believes that the right level of incentives to lower down renovation costs for specific target groups and sectors could be considered; however the renovations may also increase rent levels and consequently force low- and middle-income families living in rented accommodation to move from their homes; Member States should in their LTRS consider themodels that support cost neutrality so that rent increases are balanced by energy-savings;
Amendment 114 #
2021/2077(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to set up specific measures for Member States and local and regional authorities to ensure the right financing instruments and incentives are available for people to be able to carry out renovations;
Amendment 115 #
2021/2077(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls for action to promote loans that set energy efficiency as criteria for lower interest rates;
Amendment 119 #
2021/2077(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Large-scale renovations can have a significant impact on the local communities and on specific habitants whose homes will undergo renovation; citizens engagement in the green transition and the renovations of buildings is key to its success; furthermore inclusion of experts and public expertise can help to improve the implementation; calls on the Members States to provide sufficient and detailed information throughout the LTRSs on the public consultation process according to the relevant requirements in the EPBD;
Amendment 122 #
2021/2077(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Recalls that LTRS must quantify the wider benefits of renovations like health, safety, thermal comfort and air quality, as important elements of indoor environment climate; not prioritising the quantification of the wider benefits does not give an accurate overview of the value added of renovations and hardens the opportunity to assess and further improve these factors;
Amendment 124 #
2021/2077(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Welcomes that the Commission in its analysis of the LTRS highlights Members States’ best practices; encourage the Commission to further disseminate best practices;
Amendment 125 #
2021/2077(INI)
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Recalls with respect to Article 19 of the EPBD that an ex-post evaluation is scheduled by 2026 at the latest; highlights this should contribute to drawing lessons from the experience gained and assessing the progress made in applying the EPBD across the EU Members States;
Amendment 144 #
2021/2077(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on Member States to consider making use of key moments in the life of a building to initiate energy renovation, so called “trigger points”, while securing that it supported by the necessary technical assistance and finance;
Amendment 146 #
2021/2077(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls on Member States to introduce measures preventing the domination of the private equity funds and financial actors that renovate buildings with the solely aim to benefit financially from higher rents making it less affordable for long-term residents;
Amendment 148 #
2021/2077(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Calls on the Member States to consider the benefits of district based approachfor the large-scale renovations as important priority, which can offer additional synergies; notes that the involvement of local communities in that regards is essential;
Amendment 155 #
2021/2077(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that the revision of the EPBD should serve to further promote smart buildings technologies and foster a data-centric approach; encourages the use and deployment of emergent technologies, such as 3D modelling and simulation and artificial intelligence, to drive carbon emissions reduction at every stage of a building’s lifecycle, without prejudice to union rules on protection and transfer of personal and non-personal data;
Amendment 156 #
2021/2077(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls for the revision of the EPBD to further obligate more buildings to include building automation control (BAC), as the payback time of the BAC investment can be short while cutting the emissions remarkably and as first introduced in the latest EPBD, BAC ensures that systems such as heating, ventilation, air conditioning, lighting, shading, security systems and other interrelated systems which create energy savings are used in large non-residential buildings by 2025;
Amendment 157 #
2021/2077(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on Member States to foster renovation that favours the energy system integration of renewables in buildings, such as installation of e-vehicle charging infrastructure, thermal storage and connection to smart grids and document the progress in their LTRS as well as best practices should be shared;
Amendment 159 #
2021/2077(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Calls on the Member States to implement the Smart Readiness Indicator (SRI) to further promote smart buildings technologies; recognised that the SRI will help to further encourage the design and construction of new buildings as zero- energy buildings;
Amendment 166 #
2021/2077(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. BCalls on Member States to provide a roadmap with clear milestones with long-term planning for 2030, 2040 and 2050 as not all LTRS addresses it adequately; believes that the LTRSs should provide more details on long-term actions to create a more stable environment for investors, developers, homeowners and tenants;
Amendment 169 #
2021/2077(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the LTRSs should establish the modalities for consultation in an inclusive way and provide more details on long-term actions to create a more stable environment for investors, developers, homeowners and tenants;
Amendment 173 #
2021/2077(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights that the EPBD should ensure that renovation delivers value for money and a return on investment for homeowners and building owners by establishing real and measured improvements in energy performance of buildings while also improving indoor climate; underlines that an approach based on the measured energy saved as a result of renovation will drive down the cost and increase both the quality and scale of the energy efficiency retrofits for existing buildings;
Amendment 179 #
2021/2077(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls on the Member States to be specific in their initiatives on mobilisation of investments and uptake of smart technology and well-connected communities;
Amendment 184 #
2021/2077(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Encourages more Member States to consider to introduce mandatory minimum energy performance standards; recognises that Member States may retain some level of flexibility to design the measures, set the specific performancestandard, the segments of building stock covered and/or the scale of renovation required to accommodate different economic, climate, political and social conditions;
Amendment 197 #
2021/2077(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls its demand for the next revision to evaluate the need to review the charging infrastructure requirements in the EPBD, as well as include an integrated, systematic and circular approach for both urban and rural developments; call for an ambitious framework to help to simplify and accelerate the deployment of charging points in new and existing residential and non-residential buildings, and address possible regulatory barriers;
Amendment 200 #
2021/2077(INI)
24. Recalls its demand for the next revision to evaluate the need to review the EV-charging infrastructure requirements in the EPBD, as well as include an integrated, systematic and circular approach for both urban and rural developments, and promotes suitable ways to guarantee smooth use of bicycles, access and storage, in building design;
Amendment 42 #
2021/2046(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas modal split for intra-EU trade has not significantly changed from 2008-2018, with maritime transport accounting for 29.2 % of the modal split in 2018 (2008: 25.9 %), road transport representing half of the modal split for freight in 2018 (51%, slightly less than in 2008), rail freight transport accounting for 12.6% in 2018 (13.2% in 2008) and inland navigation representing 3.9% in 2018 (4.6% in 2008)[1]; [1] SWD(2020) 331
Amendment 312 #
2021/2046(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes the complex role of seaports as hubs of transport, energy, industry and blue economy; stresses that building a zero-emission port will imply the shared and combined efforts of all transport, industry and energy stakeholders in the port ecosystem; believes that bottom-up port initiatives must be encouraged by the regulatory framework; stresses the importance of designing port-specific roadmaps combined with well-working monitoring and certification tools such as the EcoPorts tools, and the exchange of best practices as the best and most efficient way to deliver this flagship;
Amendment 330 #
2021/2046(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Supports the technology neutral approach of the Commission for greening of maritime transport, in recognition of the multifuel future and the need for a basket of measures aimed at decarbonising shipping;
Amendment 334 #
2021/2046(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Recognises the potential of using hydrogen in short- and deep-sea shipping; highlights the crucial, role of ports in the supply, production, and import of hydrogen and renewable electricity; believes sufficient flexibility must be ensured as regards potential standards for hydrogen infrastructure in the future;
Amendment 339 #
2021/2046(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Recognises that substantial infrastructure investments will be necessary to enable ports to fulfil their role as engines of sustainable recovery and growth; considers that port infrastructure investments, which create high societal value, but low return on investments, continue to need funding and financing support; calls for a share of the Connecting Europe Facility2021-2027 for European seaports, which adequately reflects their strategic role; calls on the Member States to include port projects in their national recovery and resilience plans to enable the greening of ports; finds that some Member States have not included specific funding for ports in their submitted plans;
Amendment 361 #
2021/2046(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s idea to offer consumers carbon-neutral choices for scheduled collective travel by 2030, but underlines that these choices should be available for journeys up to 1 000 km; regrets that the Commission is not addressing maritime passenger transport as one of the possibilities to shift towards more sustainable links;
Amendment 447 #
2021/2046(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to propose mobility solutions that include the first and the last mile, thereby integrating the use of sustainable public transport and private mobility solutions, including urban maritime transport such as ferries;
Amendment 487 #
2021/2046(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the recognition of short sea shipping as a sustainable mode of transport; supports the milestones to increase the sustainable modes of transport (short sea shipping and inland waterways transport by 25% in 2030 (by50% in 2050) and rail freight by 50% in 2030 (100% in 2050)); regrets that the targets for short sea shipping are not accompanied by a strategy and/or supporting policy measures for encouraging short sea shipping and the necessary developments in seaports; underlines the need for a level playing field between short sea shipping and other modes of transport, notably in the context of TEN-T;
Amendment 507 #
2021/2046(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses the important role of seaports as multimodal points in the supply chains, linking maritime with other sustainable hinterland modes; recognises that a large share of inland waterway freight transport and rail freight is seaport related; recognises seaports as an integral and essential part of maritime, inland waterway, rail, road and pipeline infrastructure;
Amendment 527 #
2021/2046(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the inclusion of the maritime sector in the EU emissions trading system (ETS) and the planned reduction of allowances allocated for free to the aviation sector; stresses the need for revenues from a maritime ETS to support the greening of the maritime sector, enabling necessary investments in alternative fuels infrastructure in ports; underlines the important role of European ports as transhipment hubs; calls for the European Commission to consider the impact of a regional EU ETS on carbon leakage and the competitiveness of the European maritime sector and ports;
Amendment 566 #
2021/2046(INI)
17. Insists on the phasing-out of direct and indirect fossil fuel subsidies by 2022 in the Union and in each Member State, and considers the revision of the Energy Taxation Directive as the best possibility to achieve a stable and predictable carbon prican important condition to enhance the use of clean technologies and create a level playing field between conventional and clean fuels; calls for the introduction of a permanent tax exemption for OPS and sustainable clean fuels under a reviewed Energy Taxation Directive;
Amendment 578 #
2021/2046(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that carbon pricing is not the sole way forward to tackle CO2 emissions from road and other transport modes and stresses the importance of the Climate Action Regulation;
Amendment 620 #
2021/2046(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights that all means of digitalisation should be used to decrease greenhouse gas emissions and increase transport safety; believes that it is of vital importance to ensure that every step of digitalisation contributes to a lower overall transport volumbetter/optimal use of transport infrastructure;
Amendment 658 #
2021/2046(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Believes that ports are the ideal neutral matchmakers to facilitate data sharing and data exchange among stakeholders (both public and private) of the port ecosystem through their Port Community Systems, allowing for more efficient and secure logistics chains;
Amendment 702 #
2021/2046(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes the strategic role of European seaports for resilient supply chains; considers ports as strategic and critical assets in this regard;
Amendment 706 #
2021/2046(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Supports the Commission’s ambition to complete the TEN-T without delay; deplores, however, the immense focus on the land-based network, neglecting the maritime dimension and the importance of Europe’s seaports in terms of connectivity both intra-EU and with third countries; stresses that for Europe’s transport infrastructure policy to deliver connectivity, cohesion and resilience of supply chains, the maritime dimension of TEN-T should be reinforced and the strategic role of Europe’s seaports, as cross-border entities and gateways to trade, multimodal transport nodes, hubs of energy, industry and blue economy, should be adequately recognised;
Amendment 715 #
2021/2046(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27c. Recognises that greening the transport network is a first priority; recognises, however, that this priority includes or comes on top of needs to adapt and modernise basic infrastructure, requiring significant additional public investment, to address missing links and last-mile connections, which contribute as well to the decarbonisation and greening objectives put forward in the EU Green Deal; states that the decarbonisation and greening of the European economy as a whole will require infrastructure adaptation in seaports in order to accommodate new commodity flows and new products supporting the energy transition, as well as increasing the resilience of ports to operational challenges related to climate change;
Amendment 720 #
2021/2046(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27d. Welcomes the recognition by the Commission of the need for affordable, accessible and fair mobility for passengers; notes that the ferry and cruise business has faced the lion’s share of the negative impacts of the COVID-19 pandemic; calls therefore for EU transport policy to support the restoration of responsible and sustainable maritime passenger transport;
Amendment 823 #
2021/2046(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Highlights that the growing dependence on digital solutions and data- driven operations in transport and logistics chains poses significant cybersecurity challenges; calls on the Commission to develop an EU cybersecurity policy that protects business continuity and mitigates the risks of cyberattacks, without curtailing the rapid pace of digital innovation; calls on the Commission to use funding available under the Connecting Europe Facility to enhance the resilience of Europe’s transport and logistics chains; calls on Member States to strengthen the cyber resilience of transport and logistics chains in their national Recovery and Resilience Plans;
Amendment 826 #
2021/2046(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Highlights that the vast majority of goods traded between the EU and the UK passes through European Ports; calls on the Commission to ensure stable and clear transport and trade relations with the UK, as well as to consider the UK as a strategic partner of the EU, in view of ensuring a continued and as frictionless as possible trade between the EU and the UK; invites the Commission to engage in rebuilding transport links with the UK in the framework of TEN-T; highlights at the same time the importance of ensuring a level playing field between EU and UK economic operators (including ports);
Amendment 1 #
2021/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the need to ensure that inclusion and, diversity, equal opportunities and access are at the core of the implementation of Erasmus+, one of the EU’s most successful programmes so far; regrets the differentat only 17% of the overall numbers of learners reached by the Programme in 2014-2020 were learners with special needs and/or fewer opportunities1a; highlights the need to further broaden the definitions and categoriesinterpretation of learners with special needs and/or fewer opportunities1 across Member States and the lack2a, adding an additional focus on age; stresses the difficulties in accessing to and monitoring of reliable data onregarding the profiles of the beneficiaries; reached by the Programme; therefore, believes that an instrument should be developed to monitor whether and how participants from vulnerable and disadvantaged groups are being reached by the programme; _________________ 1 Term used in Article 23(2) of Regulation (EU) No 1288/2013 on Erasmus+. a Inclusion measures within Erasmus+ programme 2014-2020, European Implementation Assessment 2a Erasmus+ Inclusion and Diversity Strategy in the field of Youth, European Commission, 2014
Amendment 5 #
2021/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights that Erasmus+ should support stakeholders’ and programme participants’ internationalisation plans that remove physical, psychological, social, socioeconomic, linguistic and other types of barriers to learning mobility and that offer qualitative support, including reinforced mentoringship, for participants from underrepresented groups and/or with specific needs before, during and after a period abroad;
Amendment 8 #
2021/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the under- resourcing and understaffing of Erasmus+ national agencies and national authorities and the insufficient efforts to reduce administrative barriers to mobility and ensure that diversity and inclusion are at the core of the programme;; underlines that national agencies have a crucial role in ensuring that projects are as inclusive and diverse as possible; therefore, believes that all national agencies should appoint an inclusion and diversity officer to reach out to learners with special needs and/or fewer opportunities and increase their levels of information and awareness about the opportunities in place and how access them as well as to provide them with advice regarding possible difficulties they may experience during their Erasmus+ programme, such as delayed reimbursements2 or any obstacles caused by external and contingency factors such as the COVID-19 crisis3 ; stresses that a supportive approach to beneficiaries with special needs and/or fewer opportunities is key to help removing barriers preventing their full participation to the Programme; _________________ 2 As seen from Petition 2466/13. 3 As seen from Petition 0125/21.
Amendment 13 #
2021/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that Erasmus+ should encourage stakeholders to share their expertise at an institutional level, learn from each other, build administrative capacity andin view of fostering inclusion and diversity; welcomes, in this sense, specific efforts to support cooperation between different stakeholders and to develop and implement inclusive policies that seek to integrate children and young people from migrant backgrounds into education; considers, however, that these efforts should be expanded in the field of higher education;
Amendment 24 #
2021/2009(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to develop an integrated and coherent approach to inclusion within the different EU programmes for youth and education, including European Solidarity Corps and ESF+; welcomes the Commission’s proposal for the 2022 as European Year of Youth and considers this proposal as an opportunity to develop such integrated approach; calls on the Commission to look closely at the possibility of combining the Erasmus+ and Interrail programmes5 , and thus foster more equality and inclusion; _________________ 5 As called for in Petition 0681/2021.
Amendment 27 #
2021/2009(INI)
Draft opinion
Paragraph 7 – subparagraph 1 (new)
Paragraph 7 – subparagraph 1 (new)
Amendment 28 #
2021/2009(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. CStresses that national policy- making regarding learners with special needs and/or fewer opportunities should be further stimulated; calls on the Member States to launch and support Erasmus+ projects to attract participants with disabilities and learners from vulnerable and disadvantaged groups to their countries;
Amendment 39 #
2021/2009(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to properly address the lack of familiarity with the Erasmus+ programme, information barriers, obstacles to the application process, adequate support services abroad and the challenges relating to the portability of grants faced by persons with disabilities and other participants from vulnerable and disadvantaged groups, including ethnic groups;
Amendment 43 #
2021/2009(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes, in this regard, the Commission’s approach to promotingrecent adoption by the Commission of the framework to increase diversity and inclusionveness in the current Erasmus+ programme. as well as in the current European Solidarity Corps; calls on the Commission to closely monitor the future implementation of this framework at national level;
Amendment 45 #
2021/2009(INI)
Draft opinion
Paragraph 10 – subparagraph 1 (new)
Paragraph 10 – subparagraph 1 (new)
12. Underlines that, despite the fact that Erasmus+ 2014-2020 has been evaluated as more coherent, effective and more aligned with emerging needs, there is still a strong need to make the Programme more inclusive, able to reach out to more vulnerable and disadvantaged people and to facilitate the participation of smaller- size organizations;
Amendment 227 #
2021/0420(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The realisation of the trans- European transport network creates the enabling conditions in terms of infrastructure basis allowing to make all transport modes more sustainable, affordable and inclusive in all regions of the EU, to make sustainable alternatives widely available in a multimodal transport system and to put in place the right incentives to drive the transition, notably by ensuring a fair transition, in line with the objectives presented in the Council Recommendation (EU) […] of […] on ensuring a fair transition towards climate neutrality.
Amendment 231 #
2021/0420(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The planning, development and operation of the trans-European transport network should enable sustainable forms of transport, provide for improved multimodal and interoperable transport solutions and for an enhanced intermodal integration of the entire logistic chain, thereby contributing to a smooth functioning of the internal market by creating the arteries that are necessary for smooth passenger and freight transport flows across the Union. In addition, the network should aim at strengthening economic, social and territorial cohesion by ensuring accessibility and connectivity for all regions of the Union, including a better connectivity of the outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. The development of the trans-European transport network should also enable seamless, safe and sustainable mobility of goods and persons in all their diversity, and should contribute to further economic growth and competitiveness in a global perspective, by establishing interconnections and interoperability between national transport networks in a resource-efficient and sustainable way, at same time it contributes to address demographic challenges such as depopulation.
Amendment 237 #
2021/0420(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Growth in traffic has resulted in increased congestion in international transport. In order to ensure the international mobility of passengers and goods, the resilience and capacity of the trans-European transport network and the use of that capacity should be optimised and, where necessary, expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between Member States and, as appropriate, neighbouring countries, and taking into account the ongoing negotiations with candidate and potential candidate countries.
Amendment 238 #
2021/0420(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Growth in traffic has resulted in increased congestion in international transport. In order to ensure the international mobility of passengers and goods, the capacity and resilience of the trans-European transport network and the use of that capacity should be optimised and, where necessary, expanded by removing infrastructure bottlenecks and bridging missing infrastructure links within and between Member States and, as appropriate, neighbouring countries, and taking into account the ongoing negotiations with candidate and potential candidate countries.
Amendment 244 #
2021/0420(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The trans-European transport network should be developed and sustained through the creation of new smart and sustainable transport infrastructure, through the maintenance and upgrading of existing infrastructure and through measures promoting its resource- efficient use and resilience.
Amendment 251 #
2021/0420(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change. Particular consideration should be given to enhancing the resilience of critical infrastructure, especially with regards to geopolitical developments and disruptions of supply chains. The development of the TEN-T network should moreover take into account the EU-Ukraine solidarity lanes and the need to diversify energy supplies and to speed up the development of the renewable energy sector, including energy supply chains.
Amendment 254 #
2021/0420(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change as well geopolitical changes that could cause disruptions in the supply chain.
Amendment 263 #
2021/0420(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the "do no significant harm" principle, within the meaning of Article 17 of the Taxonomy Regulation17 , projects of common interest should be assessed in order to ensure that TEN-T policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. In cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective, reasonable alternatives should be considered, in particular when the project contribute to ensure accessibility and connectivity for the outermost, remote, rural, island, peripheral and mountainous regions. __________________ 17 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance) (OJ L 198, 22.6.2020, p. 13).
Amendment 266 #
2021/0420(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the evolution of the Union infrastructure needs and the decarbonisation goals, the Conclusions of the 2020 July European Council, according to which Union expenditure should be consistent with Paris Agreement objectives and the "do no significant harm" principle, within the meaning of Article 17 of the Taxonomy Regulation17 , projects of common interest should be assessed in order to ensure that TEN-T policy is coherent with transport, environmental and climate policy objectives of the Union. Member States and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. In cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective, reasonable alternatives should be considered. Projects which have been assessed and selected for co-funding under the Connecting Europe Facility should be considered as EU Taxonomy conform. __________________ 17 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (Text with EEA relevance) (OJ L 198, 22.6.2020, p. 13).
Amendment 292 #
2021/0420(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The core network with a deadline of 2030 and the extended core network with a deadline of 2040 should constitute the foundation of the sustainable multimodal transport network, representing the strategically most important nodes and links of the trans-European transport network, according to traffic needs. They should stimulate the development of the entire comprehensive network and enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross- border sections, including maritime cross- border nodes, missing links, multimodal connecting points and major bottlenecks.
Amendment 293 #
2021/0420(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Capacity bottlenecks appear in all modes of transport for both passengers and freight traffic hampering the network connectivity and multimodality. Furthermore, the lack of quality of the last mile connections negatively increases bottlenecks urban nodes. Consequently, the TEN-T Regulation needs to urgently address the existing bottlenecks in the TEN-T, particularly in cross-border links, in order to facilitate seamless and efficient transport to better connect people and business across Europe and contribute to the well-functioning of the EU internal market.
Amendment 294 #
2021/0420(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Certain existing standards of the core network should be extended to the extended core and comprehensive network in order to reap full network benefits, to increase interoperability between network types and to enable more activity by more sustainable forms of transport, including through higher digitalisation and other technological solutions. The provision of clear and reliable planning for the technical specifications for interoperability (TSI) is of utmost importance for regulatory stability, legal certainty and for unlocking investments in ERTMS.
Amendment 302 #
2021/0420(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) An isolated network for the purposes of this Regulation should mean a rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge. Imposing certain standards and requirements of this Regulation to such networks, or parts thereof, is not justified in economic cost- benefit terms by virtue of the specificities of such networks arising from their detachment with other networks of a different track gauge.
Amendment 304 #
2021/0420(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) An isolated network for the purposes of this Regulation should mean a rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge. Imposing certain standards and requirements of this Regulation to such networks, or parts thereof, is not justified in economic cost- benefit terms by virtue of the specificities of such networks arising from their detachment with other networks of a different track gauge.
Amendment 306 #
2021/0420(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The land-side infrastructure network, established through the core network, extended core network and comprehensive network, should integrate with the maritime dimension of the trans- European transport network. To this end, a truly sustainable, smart, seamless and resilient European Maritime Space should be created. It should encompass all maritime infrastructure components of the trans-European transport network as well as the services and actions needed to support the mobility of persons and goods with special attention to insular and coastal regions.
Amendment 315 #
2021/0420(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) As stated in the Sustainable and Smart Mobility Strategy, an integration of the Core Network Corridors and of the Rail Freight Corridors into ‘European Transport Corridors’ is needed to increase synergies between infrastructure planning and the operation of transport. The European Transport Corridors should become the instrument for the development of sustainable and multimodal freight and passenger transport flows in Europe and for the development of interoperable high quality infrastructure and operational performance. As such, they should also be the tool to realise the vision of creating a highly competitive railmultimodal transport network across the Union.
Amendment 317 #
2021/0420(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to establish the trans- European transport network in a coordinated and timely manner, thereby making it possible to maximise network effects, Member States concerned should ensure that appropriate measures are taken to finalise the projects of common interest of the core, the extended core and the comprehensive network by the given deadlines 2030, 2040 and 2050 respectively. To this end, Member States should ensure that there is coherence of the national transport and investment plans with the priorities set out in this Regulation and in the work plans of the European Coordinators. Projects of national plans which are not aligned with the Union transport objectives should not be considered as a priority for receiving Union funds.
Amendment 323 #
2021/0420(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Projects of common interest to develop the trans-European transport network in line with the requirements set out in this Regulation have European added value, as they contribute to a high- quality, interoperable and multimodal European network, increasing sustainability, cohesion, efficiency, resilience of strategic infrastructure or user benefits. The European added value is higher if it leads, in addition to the potential value for the respective Member State alone, to significant improvements of transport connections or transport flows between Member States or between a Member State and a third country. Such cross-border projects should be the subject of priority intervention by the Union in order to ensure that they are implemented.
Amendment 330 #
2021/0420(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Projects of common interest for which Union funding is sought should be the subject of a socio-economic cost- benefit analysis based on a recognised methodology, taking into account the relevant social, economic, climate-related and environmental benefits, territorial balance, and costs as well as the life-cycle approach. The analysis of climate-related and environmental costs and benefits should be based on the environmental impact assessment carried out pursuant to Directive 2011/92/EU of the European Parliament and of the Council21 . __________________ 21 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
Amendment 333 #
2021/0420(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to contribute to the climate reduction targets of the European Green Deal of a 90% cut in greenhouse gas emissions by 2050, measures to mitigate the greenhouse gas impacts of projects of common interest in the form of new, extended or upgraded transport infrastructures should be analysedtaken into account.
Amendment 335 #
2021/0420(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Cooperation with third countries, including neighbouring countries, is necessary in order to ensure connection and interoperability between the infrastructure networks of the Union and those countries. In view of this, where appropriate, the Union should promote projects of common interest with those countries, and also assessing and ensuringe that the objectives and requirements of the trans- European transport network are complied with in order to ensure the interoperability of the Union network and are aligned with the goal of achieving climate neutrality in the EU by 2050 in order to ensure level playing field in transport, in particular by preventing carbon leakage.
Amendment 343 #
2021/0420(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high quality transport network with rail services meeting minimum operational line speed. Competitive passenger rail has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities for which sufficient funding is needed. Complementing existing high speed lines with passenger lines at a minimum operational line speed of 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. The completion of a high- performance network will also facilitate the development and introduction of new or different models of capacity allocation, for example interval- service timetables enabled by the Timetable Redesign (TTR) initiative.
Amendment 346 #
2021/0420(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To achieve transformation of the transport sector into a truly multimodal system of sustainable and smart mobility services, the Union should build a high quality transport network with rail services meeting minimum line speed. Competitive passenger rail has a high potential for the decarbonisation of transport. There is the need to develop a coherent and interoperable European high speed rail network linking its capitals and major cities. Complementing existing high speed lines with passenger lines at a minimum line speed of 160 km/h should in return lead to network effects, a more coherent network and an increased number of passengers travelling by rail. The completion of a high-performance network will also facilitatencourage the development and introduction of new or differentand improved models of capacity allocation, for example interval- service timetables and short-term ad hoc allocation, enabled by the Timetable Redesign (TTR) initiative.
Amendment 351 #
2021/0420(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) A more sustainable, resilient and reliable rail freight network across Europe should be established to contribute to the competitiveness of combined transport. The infrastructure for combined railwaymultimodal and transport and of terminals should be upgraded to ensure that intermodal transport is primarily done by rail, inland waterways or short-sea shipping and that any initial and/or final legs carried out by road are as short as possible.
Amendment 355 #
2021/0420(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) Whereas in some Member States the port rail infrastructure network as a whole is defined as a rail service facility, in other Member States this definition is not applied. The complexity of rail infrastructure and heterogeneity of its governance inside European ports makes it necessary to adapt the roll-out of rail requirements accordingly. To achieve the objective of improving the rail access route to the port, the rail requirements should be applied up to the rail handover point, where the train is being transferred from the public network to the port rail network. The port managing body should assess the need to implement the rail requirements in other parts of the port rail network.
Amendment 362 #
2021/0420(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) ERTMS should be deployed in a continuous and synchronised manner not only on the core network, extended core network and comprehensive network, including in the urban nodes, but also on access routes to multimodal terminals. Synchronised means a coordinated approach in time and place between infrastructure roll out and the roll out of on-board units of trains. This will enable cross-border operations with ERTMS only and boost operational harmonisation and the business case of railway undertakings.
Amendment 363 #
2021/0420(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) ERTMS should be deployed in a continuous and synchronised manner not only on the core network, extended core network and comprehensive network, including in the urban nodes, but also on access routes to multimodal terminals. This will enable operations with ERTMS only and boost the business case of railway undertakings. Under no circumstance should it be possible for a new railway project that is not planning ERTMS deployment to be financed by Union funds.
Amendment 371 #
2021/0420(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) ERTMS deployment , trackside and on board, should be fully publicly funded in order to incentivise ambitious ERTMS deployment strategies in the Member States and reach in a reasonable time the system benefits that ERTMS can bring.
Amendment 372 #
2021/0420(COD)
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) While the European Coordinator for ERTMS in close collaboration with national entities should facilitate and promote ERTMS governance ensuring the timely and harmonised deployment, including governing funding, National Implementation Plans (NIP) planning, resourcing, market uptake, migration and transition, European Climate, Infrastructure and Environment Executive Agency (CINEA)should ensure coherence and consistency in ERTMS deployment and funding taking into account the advice of the European Union Agency for Railways that remains the system authority for ERTMS development.
Amendment 384 #
2021/0420(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) The de-isolation of the isolated railway networks is the long term goal of the Regulation, however the migration should be done only where it is viable and in a practical way as direct connections bring new possibilities for the EU wide European gauge network and shall not lead to any further fragmentation inside isolated networks themselves and therefore shall not worsen the existing interoperability within such networks. The changes in the interoperability of the isolated railway networks shall be made in way not to harm the rail services already offered.
Amendment 397 #
2021/0420(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Being the entry and exit points for the land infrastructure of the trans- European transport network, maritime ports play an important role as cross-border multimodal nodes which serve not only as transport hubs, but also as gateways for trade, industrial clusters and energy hubs, for example with regard to the deployment of off-shore wind installations. , including the necessary landing and service infrastructure and grid connectivity, or pipeline infrastructure for the transport of energy sources and other liquid of gaseous products. In their function as hubs of energy, industry and blue economy, ports can substantially contribute to a sustainable, digital and resilient European economy. Given the strategic role of ports for resilient supply chains, for the diversification of energy supply and for energy security, its importance for the respective Member State, in terms of cohesion, geopolitical position, energy transition and added- value to the region, should be considered in addition to traffic volumes for the inclusion in the TEN-T network;
Amendment 405 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) The overall scale increase of the maritime and logistics sector, as well as the more extensive role of maritime ports has led to a clustering and merging of European port managing bodies, both of the comprehensive and of the core network. Maritime core and comprehensive ports which are managed by the same legal entity or have a single integrated economic plan, should be considered as a single port for the purpose of this regulation;
Amendment 411 #
2021/0420(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Maritime ports play a key role in the import, export, storage, distribution and production of energy. Synergies between TEN-T and TEN-E should be maximised to ensure the coherence and comprehensiveness of the networks. The importance of maritime ports for energy security, energy supply and distribution should be considered when assessing their role for the TEN-T network;
Amendment 412 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Maritime ports have a strategic role in the logistics supply chain, the diversification of energy supply and storage and consequently, in EU's strategic autonomy. They are also crucial in geopolitical and cohesion terms, something which should be considered in addition to traffic volumes for their identification in the TEN-T network.
Amendment 420 #
2021/0420(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Road transport in the Union accounts for three-quarters of the total inland freight transport (based on tonne- kilometres performed) and for around 90% of the total inland passenger transport (based on the total number of passenger kilometres). Given the importance ofNotwithstanding the expected benefits from the Union’s modal shift to other transportation modes, road transport and the commitment to improve road safety in line with the milestone of the Sustainable and Smart Mobility Strategy, remain important and there is a need to enhance the road infrastructure from the safety point of view, as well as to adapt it to sustainability and digitalisation standards ensuring the highest safety standards. The improvement of operational safety throughout the life cycle of vulnerable infrastructure (i.e. tunnels, bridges) is of outmost importance to guarantee quality road infrastructure in the TEN-T. To this aim, other regulations such as the Directive 2004/54 on minimum safety requirements for tunnels in the trans-European road network, must be adapted to the new safety and digitisation standards of the transport sector. Improving safety must also be a priority in the rail sector, in particular in level-crossings where there are significant accidents resulting in hundreds of fatalities and injuries1a . Consequently, level crossings which pose a high safety risk should be identified EU- wide with a view to investing in improving the infrastructure, which should eventually be replaced by bridges and underpasses. __________________ 1a "Safety Overview 2021- Main figures based on CSI data up to 2019", European Union Agency for Railways, March 2021.
Amendment 426 #
2021/0420(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The trans-European transport network should ensure efficient multimodality in order to allow better and more sustainable modal choices to be made for passengers and freight and in order to enable large volumes to be consolidated for transfers over long distances. Multimodal terminals should play a key role to meet this objective. Insufficient punctuality has been a major obstacle to making multimodality an attractive option for the transport of freight and passengers. Efficient management of traffic flows as well as the increase in capacity of the infrastructure will enable rail to play its full part in improving the functioning of the intermodal transport chain.
Amendment 441 #
2021/0420(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Member States should establish a national SUMP support programme aimed at promoting the uptake of SUMPs and improving coordination among regions, cities and towns. It should support regions and urban areas to develop high-quality SUMPs and reinforce monitoring and evaluation of the SUMP implementation through legislative measures, guidance, capacity building, assistance and possibly financial support. The Commission can update the list of urban nodes in Annex II at the request of a Member State, previous agreement with the urban nodes concerned and its relevant authorities, with the aim of improving territorial balance and accelerating the transition to a more sustainable mobility. The Commission should facilitate exchanges of best practices and lessons learnt between urban nodes along the network.
Amendment 454 #
2021/0420(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) A sufficient number of fast recharging points for light and heavy-duty vehicles accessible to the public should be deployed across the trans-European transport network without delay. This aim should ensure full cross-border connectivity and allow electric vehicles to circulate throughout the Union. Distance- based targets for the trans- European transport network as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] are to ensure a minimum of sufficient coverage of electric recharging points along the Union’s main road networks.
Amendment 464 #
2021/0420(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Publicly accessible recharging and refuelling infrastructure along the trans- European transport network as defined in Regulation (EU) […] [on the deployment of alternative fuels infrastructure] should be complemented with requirements on the deployment of recharging and refuelling infrastructure in multimodal terminals and for multimodal passenger hubs, to provide charging and refuelling opportunities for long haul trucks when they are being loaded or unloaded or when the driver is taking a rest or for busses in multimodal passenger hubs. In order to ensure free circulation, where the terminals or passenger hubs receive Union or public support, the access for purposes of charging and refuelling, should be on fair, affordable, transparent and non- discriminatory basis, so as to avoid market lock in for specific enterprises or possible distortions of competition. Pricing should be made on transparent and non- discriminatory basis for all authorised undertakings or persons, where the charging and refuelling infrastructure is build using Union or public funding.
Amendment 472 #
2021/0420(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) Taking stock of the experience with regard to the crisis management during the Covid-19 pandemic25 and in order to avoid traffic disruptions and contingencies in future, Member States should take into account the security and resilience of the transport infrastructure to climate change, natural hazards, human-made disasters and other disruptions affecting the functioning of the Union transport system, when planning infrastructure. To that aim, other criteria beyond traffic volumes should be considered and the European Transport Corridors should also include important diversionary lines which can be used in case of congestion or other problems on the principal routes. In addition, due to their multimodal nature, one mode can substitute the other in case of emergencies. __________________ 25 Communication on the implementation of the Green Lanes under the Guidelines for border management measures to protect health and ensure the availability of goods and essential services; C(2020)1897 final (OJ C 96 I, 24.3.2020, p. 1) and Communication of 28 October 2020 from the Commission to the European Parliament, the European Council and the Council on “upgrading the transport Green Lanes to keep the economy going during the COVID-19 pandemic resurgence”; COM(2020)685 final.
Amendment 483 #
2021/0420(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) European Transport Corridors should help to develop the infrastructure of the trans-European transport network in such a way as to address bottlenecks, enhance cross-border connections and improve efficiency and sustainability. They should contribute to cohesion through improved territorial cooperation. They should also address wider transport policy objectives and facilitate interoperability, modal integration and multimodal operations. The corridor approach should be transparent and clear and the management of such corridors should not create additional administrative burdens or costs. The European Transport Coordinators should also encourage the establishment of integrated management structures, including joint ventures, aimed at speeding the implementation of cross- border infrastructure projects.
Amendment 488 #
2021/0420(COD)
Proposal for a regulation
Recital 67 a (new)
Recital 67 a (new)
(67a) EU border regions cover 40% of the EU's territory and account for 30% of the EU's population. By connecting border regions more effectively the EU will become more integrated in a tangible way and offer citizens the possibility of enjoying sustainable cross-border mobility services. European Transport Coordinators should analyse mobility needs in EU cross-border regions and in coordination with the relevant regional and local authorities, and should establish "cross-border mobility plans". These plans should include targeted measures to improve the coordination and frequency of rail and public transport services between these regions, address missing links and bottlenecks, enhance the performance of services and the capacity of the infrastructures and improve the affordability of the cross-border services.
Amendment 495 #
2021/0420(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The technical basis of the maps specifyinginteractive geographical and technical information system for the trans- European transport network is(TENtec) provided bys the interactive geographical and technical information system for the trans-European transport network (TENtec)technical basis of the maps reflecting the evolution of the European transport network with a view of achieving the corresponding final goals reflected in Annex I and in the lists of Annex II of this Regulation.
Amendment 499 #
2021/0420(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Taking into account the Union Action Plan on Military Mobility of March 201827 the Commission should assess the need to adapt the trans-European transport network to reflect the military use of the infrastructure. Based on the gap analysis between the trans-European transport network and the military requirements28 additional roads and, railways and maritime infrastructure should be included in the trans-European network to enhance the synergies between civilian and military transport networks. __________________ 27 Joint Communication to the European Parliament and the Council on the Action Plan on Military Mobility (JOIN(2018)05 final). 28 Joint Staff Working Document on the updated Gap Analysis between the military requirements and the trans-European transport network requirements, 17 July 2020, (SWD(2020) 144 final).
Amendment 504 #
2021/0420(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) In order to maximise consistency between the guidelines and the programming of the relevant financial instruments available at Union level, trans- European transport network funding should comply with this Regulation and be based, in particular, on Regulation (EU) No 2021/1153 of the European Parliament and of the Council29 . In addition, network funding should also build on funding and financing instruments provided under other Union law, including InvestEU, the Recovery and Resilience Facility, Cohesion Policy, Horizon Europe and other financing instruments established by the European Investment Bank, including the Green Rail Investment Platform. To enable the financing of projects of common interest, references to ‘multimodal logistics platforms’, ‘motorways of the sea’ and ‘telematic applications’ in Regulation (EU) 2021/1153 should be respectively construed as references to ‘multimodal freight terminals’, ‘European Maritime Space’ and ‘ICT systems for transport’ as defined in this Regulation. For the same purpose, references to ‘core network’ in Regulation (EU) 2021/1153 should be construed as including ‘extended core network’ as defined in this Regulation. __________________ 29 Regulation (EU) No 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38).
Amendment 505 #
2021/0420(COD)
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) The current budget of the Connecting Europe Facility 2021-2027 (CEF II) has proven insufficient given the rising needs of the transport sector and the new geopolitical context as well as the enhanced TEN-T infrastructure requirements. Furthermore, Russia's war of aggression against Ukraine has highlighted the importance to adapt parts of the TEN-T infrastructure, in particular critical infrastructure, to a dual use for civil and defence purposes. In consequence, an increase in the portion of the CEF for Transport dedicated to military mobility is needed with the aim of improving, among others, a seamless cross-border mobility of humanitarian transport. Taking into consideration all this context, the Commission and Member States should explore new funding opportunities and plan an ambitious successor programme to CEF II for the MFF post-2027, with reinforced funding.
Amendment 507 #
2021/0420(COD)
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72a) The current budget of the Connecting Europe Facility (CEF II) is insufficient to co-fund the increasingly ambitious standards and deadlines of the TEN-T network. Member States and the Commission should explore new funding opportunities and ensure a balanced funding approach between transport modes and nodes.
Amendment 511 #
2021/0420(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) The inclusion of transport nodes (ports, airports, terminals and urban nodes) in Annexes I and II entails the application of other EU legal acts. In order to provide legal certainty and to enable long-term strategic planning, it is essential to keep the network as stable as possible and avoid exclusions. Consequently, where the established quantitative thresholds within the "planning methodology for the TEN-T" are no longer met, the Commission, shall initiate a monitoring procedure before any exclusion and shall take into account qualitative indicators such as the strategic location of the nodes and their contribution to the EU strategic autonomy, and any cyclical factors which may explain the decline in infrastructure traffic.
Amendment 514 #
2021/0420(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) The inclusion of transport nodes, such as maritime ports, in the TEN-T network determines in many cases the scope and application of other European legislation. In order to provide legal certainty and to enable long-term strategic planning, it is essential to keep the network as stable as possible. In cases where quantative thresholds are no longer met, the node’s development plan or prognosis should be considered prior to removal from the network, as well as its geopolitical importance or role in the supply of energy.
Amendment 519 #
2021/0420(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81a) Taking into account the considerable costs for the completion of the TEN-T, other sources of co-funding must be available, including Recovery and Resilience Facility, Cohesion Fund, European Regional Development Fund, Horizon Europe and European Structural, Investment Funds as well as Emissions Trading System(ETS). National Funds are key in ensuring the timely completion of TEN-T. Each Funding Programme shall clearly prioritize its financing objectives.
Amendment 522 #
2021/0420(COD)
Proposal for a regulation
Recital 81 b (new)
Recital 81 b (new)
(81b) The energy efficiency first principle must guide Member States in determining the use of revenues generated from the auctioning of allowances in the new ETS for road transport. This energy- efficiency first principle should be applied in prioritising transport infrastructure development and ETS revenues to be used for infrastructure investments with a clear benefit on environmental and social effects.
Amendment 524 #
2021/0420(COD)
Proposal for a regulation
Recital 81 c (new)
Recital 81 c (new)
(81c) Rail passenger services should become a more attractive option for longer-distance journeys and rail high speed services have proven in many European countries their attractiveness. While being easier to use and 15 times more energy efficient, high-speed rail services are superior in terms of duration, convenience and comfort of traveling, up to distances of 1200 km versus other modes of transport. The European distances are particularly suitable to this mode of transport and most EU Capitals, major cities and metropolitan areas could be interconnected thanks to high speed. However, the current European network is fragmented and mainly made up of “national high-speed islands” and there is an urgent need to develop a EU High- Speed Network with a larger number of connections between all EU Capitals, major cities and metropolitan areas. This is vital to reach the objective of the Sustainable and Smart Mobility Strategy which aims to double High Speed rail traffic by 2030 and triple by 2050. The advantages of high-speed rail versus other transport modes are as follows: 1. transport capacity : high-capacity transport capable of covering long distances, 2. energy consumption : extremely low energy consumption per passenger, 3. emissions : extremely low emission footprint in case of electric traction, 4. Permanent noise pollution : significantly better parameters than road and aviation transport, 5. infrastructure spatial requirements : significantly lower space demand (per transported volume) than road transport, 6. travel comfort : being able to provide a very high standard, 7. travel time : up to 1200 km, High Speed Rail can successfully compete with air transport, 8. Safety: high-speed rail is one of the safest modes to travel.
Amendment 540 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) 'cross-border section' means the section which ensures the continuity of a project of common interest on both sides of the border, between the closest urban nodes to the border of two Member States or between a Member State and a neighbouring country, or refers to infrastructure in maritime ports, which enables cross-border maritime transport flows;
Amendment 553 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) 'urban node' means an functional urban area where elements of the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, bus terminals, logistic platforms and facilities and freight terminals, located in and around the urban area, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;
Amendment 558 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'isolated network' means the rail network of a Member State, or a part thereof, with a track gauge different from that of the European standard nominal track gauge (1435 mm), for which certain major infrastructure investments cannot be justified in economic cost-benefit terms by virtue of the specificities of that network arising from its geographic detachment or peripheral location;.
Amendment 570 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) 'multimodal freight terminal' means a structure equipped for transhipment between at least two transport modes or between two different rail systems, including transport infrastructure components, and for temporary storage of freight, such as terminals in inland or maritime ports, along inland waterways, in airports as well as rail road terminals, including multimodal logistics platforms as referred to in Regulation (EU) 2021/1153;
Amendment 571 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m a (new)
Article 3 – paragraph 1 – point m a (new)
(ma) ‘port rail access routes’ means those parts of the public rail network directly connected to a rail handover point;
Amendment 573 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m b (new)
Article 3 – paragraph 1 – point m b (new)
(mb) ‘rail handover point’ means the designated point(s) where trains are being transferred between the public rail network and the port rail network, which is typically, but not exclusively, a marshalling yard or a multimodal terminal and can be located inside or outside the port area. The rail handover points are defined jointly by the port managing body and the national rail infrastructure manager;
Amendment 575 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m c (new)
Article 3 – paragraph 1 – point m c (new)
(mc) ‘port rail network’ means the specific rail infrastructure inside the port area, or outside the port area and under the management of the port managing body, which is used for the purpose of rail freight operations;
Amendment 578 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
(p) ‘active modes’ means the transport of people or goods, through non-motorised means, based on human physical activity or by a combination of an electric motor and human power;
Amendment 589 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point w
Article 3 – paragraph 1 – point w
(w) 'European Rail Traffic Management System' (ERTMS) means the system defined in the Annex, point 2.2, to the Commission Regulation (EU) 2016/91938 ; In addition, whenever ERTMS is mentioned in the context of implementation deadlines, then ERTMS refers to the two existing ERTMS parts ETCS and GSM-R/GPRS/FRMCS. __________________ 38 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).
Amendment 595 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point x
Article 3 – paragraph 1 – point x
(x) 'radio-based ERTMS’ means ERTMS of level 2 or level 3 that uses radio to pass movement authorities to thethe radio based train control system ETCS application level 2 or level 3 that can be used with/without a class B system and with or without lineside signals and uses radio (GSM-R/GPRS/FRMCS)to pass all safety and non-safety related data exchange between track and train pursuant to Commission Regulation (EU) 2016/91939 ; __________________ 39 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.62016, p.1).
Amendment 604 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit, principally, the reception of waterbornesea- going vessels, their loading and unloading, the storage of goods, the receipt and delivery of those goods and the embarkation and disembarkation of passengers, crew and other persons and any other infrastructure necessary for transport operators within the port area;
Amendment 611 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a
Article 3 – paragraph 1 – point a a
(aa) ‘short-sea shipping’ means the movement of cargo and passengers by sea between ports situated in geographical waters of one or several Member States or between a port situated in waters of Member States and a port situated in waters of a neighbouring third country having a coastline on the enclosed seas bordering waters of the Unionone or several Member States;
Amendment 612 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a
Article 3 – paragraph 1 – point a a
(aa) ‘short-sea shipping’ means the movement of cargo and passengers by sea between ports situated in geographical waters of Member States or between a port situated in waters of Member States and a port situated in waters of a neighbouring third country having a coastline on the enclosed seas bordering waters of the Union, or in direct proximity to the EU’s outermost regions;
Amendment 616 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a j
Article 3 – paragraph 1 – point a j
(aj) ‘maintenance’ means activities and works that have to be undertaken routinely, periodically or in emergency situations in order to be able to use the asset over its expected service life cycle with the samewith the intention of maintaining the condition and capability of existing infrastructure during its lifetime in order to ensure high level of services and safety, in line with this Regulation;
Amendment 620 #
2021/0420(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point an a (new)
Article 3 – paragraph 1 – point an a (new)
(an a) ‘project authorising decision’ means the decision or a set of decisions, which may be of an administrative nature, taken simultaneously or successively by an authority or by authorities of a Member State, not including administrative and judicial appeal authorities, under a national legal system and administrative law that determine whether or not a project promoter is entitled to implement the project on the geographical area concerned on the trans-European transport network, without prejudice to any decision taken in the context of an administrative or judicial appeal procedure in accordance with Directive (EU) 2021/1187 of the European Parliament and the Council (the "Smart TEN-T Directive").
Amendment 630 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) enabling greater use of more sustainable modes of transport, including particular by further developing a long- distance rail passenger network, including at high speed, and a fullyn interoperable rail freight network, a reliable inland waterway and short-sea shipping network across the Unionfor passenger and freight across the Union and also by promoting active modes of transport;
Amendment 636 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) enabling greater use of more sustainable modes of transport, including by further developing a long-distance rail passenger network at high speed and a fully interoperable rail freight network, a reliable inland waterway and short-sea shipping network for passengers and freight across the Union;
Amendment 643 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point iv
Article 4 – paragraph 2 – point a – point iv
(iv) reduction of negative external costities including those related to environment, health, congestion and accidents;
Amendment 649 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point i
Article 4 – paragraph 2 – point b – point i
(i) accessibility and connectivity of all regions of the Union, includingpaying particular attention to outermost regions and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas;
Amendment 675 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point i
Article 4 – paragraph 2 – point d – point i
(i) ensuring the accessibility for and meeting the mobility and transport needs of users, taking into account in particular the needs of people in situations of vulnerability, including persons with disabilities or reduced mobility and people living in remote regions, including the outermost regions and islands, and in rural and sparsely populated areas;
Amendment 680 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point v
Article 4 – paragraph 2 – point d – point v
(v) ensuring the resilience of infrastructure, in particular on cross-border sections, including maritime cross-border nodes;
Amendment 681 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point v
Article 4 – paragraph 2 – point d – point v
(v) ensuring the resilience of infrastructure, in particular on cross-border sections and critical infrastructure;
Amendment 682 #
2021/0420(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d – point v a (new)
Article 4 – paragraph 2 – point d – point v a (new)
(va) ensuring, when relevant, the adaptation of parts of the TEN-T for the dual use of the infrastructure to address both civilian and defence needs, paying particular attention to strategic infrastructure of the Union.
Amendment 690 #
2021/0420(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Resource-efficient, resilient network and environmental protection
Amendment 697 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the optimisation of infrastructure use, in particular through efficient capacity and traffic management and the shift towards more sustainable mobility patterns, including the development of sustainable, attractive and efficient multimodal transport services;
Amendment 706 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) the adequate consideration of the resilience of the transport network and its strategic infrastructure with regard to a changing climate as well as natural hazards and human-made disasters, as well as intentional disruptions with a view to addressing those challenges. Particular consideration should be given to critical infrastructure, in order to ensure supply in times of disruptions;
Amendment 707 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) the adequate consideration of the resilience of the transport network and its infrastructure, particularly strategic infrastructure, with regard to a changing climate as well as natural hazards, geopolitical changes and human-made disasters, as well as intentional disruptions with a view to addressing those challenges;
Amendment 712 #
2021/0420(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point i
Article 5 – paragraph 1 – point i
(i) the resilience of infrastructure, especially at cross-border sections including maritime cross-border nodes, assuring to respond and recover rapidly from traffic disruptions.
Amendment 748 #
2021/0420(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) facilitate maritime transport and promote short-sea shipping routes with third countries, including third countries in direct proximity to the EU’s outermost regions;
Amendment 756 #
2021/0420(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(ha) promote the decarbonisation of transport, in particular through the deployment of alternative fuels infrastructure in third countries in view of establishing a continuous network linked with the trans-European transport network.
Amendment 758 #
2021/0420(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) be as specified in the maps in Annex I and in the lists in Annex II, which should exclusively represent the final goals of the network, i.e. nodes and itineraries, with their implementation deadlines (2030, 2040 or 2050). The TENtec system should reflect the evolution of the network in accordance with Article 55;
Amendment 768 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) increasing freight and passenger transport activity of more sustainable modes of transport in view of a reduction of GHG emissionthe share of more sustainable modes of transport for freight and passengers, in particular in view of a reduction of GHG emissions and pollution and of an increase of social and economic benefits from transport;
Amendment 776 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) bridging missing links and removing bottlenecks, particularly in cross- border sections, including maritime cross- border nodes;
Amendment 787 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) keeping existing infrastructure operational and improving or maintaining its quality in terms of safety, security, efficiency of the transport system and transport operations, resilience of critical infrastructure, as well as climate and disaster resilience, environmental performance, and the continuity of traffic flows;
Amendment 792 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point i a (new)
Article 12 – paragraph 1 – point i a (new)
(ia) adapting, where necessary, the infrastructure to a dual use in order to address both civilian and defence needs, paying particular attention to strategic infrastructure of the Union.
Amendment 795 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point i b (new)
Article 12 – paragraph 1 – point i b (new)
(ib) removing barriers for active modes when infrastructure is being built or upgraded.
Amendment 805 #
2021/0420(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) increasing the resilience of the network, with a focus on strategic infrastructure and dual-use infrastructure.
Amendment 807 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) By ... [date six months after the entry into force of this Regulation], the Commission shall complete a study on connecting all Union Capitals, chosen major cities and metropolitan areas with a railway high speed line network. The study shall be developed in cooperation with the Member States which will consult with stakeholders, and especially railway infrastructure managers. The study shall identify the financial instruments to finance the construction of the network. The conclusions of the study shall become the basis for the Member States to develop a European high speed network.
Amendment 815 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the development of a seamless inland waterways, aviation and maritime infrastructure system for passengers and freight;
Amendment 816 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the development of a seamless inland waterways, aviation and maritime infrastructure system for passengers and freight;
Amendment 822 #
2021/0420(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the deployment of the necessary infrastructure which ensures a seamless circulation of zero-emission vehiclesustainable vehicles, vessels and aircrafts.
Amendment 834 #
2021/0420(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the rail access routes and last mile rail connections to multimodal freight terminals connected by rail, including in inland and maritime ports and airports, and rail service facilities, or in the case of inland and maritime ports, the port rail access routes until the rail handover point;
Amendment 837 #
2021/0420(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) the port rail networks until the rail handover point(s), where the trains are transferred to the public rail network;
Amendment 842 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the comprehensive network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), by 31 December 2050:
Amendment 844 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) provides for a nominal track gauge for new railway lines of 1435 mm, except where the new railway line is an extension on a network the track gauge of which is different and detached from the main rail lines in the Union;
Amendment 873 #
2021/0420(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) at the request of a Member State, in duly justified cases, other exemptions may be granted by the Commission by means of implementing acts in respect of the requirements referred to in paragraph 2. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability. An. The request for exemptions shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council58 , and shall be coordinated and agreed with the neighbouring Member State(s) where applicable. in case of cross-border sections. The Commission shall assess the request in view of the justification provided as well as in terms of its impact on interoperability and continuity of the railway network where relevant. The Commission shall ask for and take duly into account the opinion(s) of the neighbouring Member State(s) concerned. The Commission shall inform other Member States of the exemptions granted pursuant to this Article. __________________ 58 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
Amendment 881 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall ensure that the railway infrastructure of the extended core network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), by 31 December 2040:
Amendment 894 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c – paragraph 1
Article 16 – paragraph 2 – point c – paragraph 1
allows for a prevailing minimum operational line speed of 160 km/h for passenger trains on the passenger lines of the extended core network;
Amendment 899 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), by 31 December 2030:
Amendment 908 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), by 31 December 2040:
Amendment 913 #
2021/0420(COD)
Proposal for a regulation
Article 16 – paragraph 5 – point a
Article 16 – paragraph 5 – point a
(a) isolated networks are exempted from tThe requirements underset out in paragraphs 2, 3 and 4; do not apply to isolated networks.
Amendment 923 #
2021/0420(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 925 #
2021/0420(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 930 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall ensure that on the railway infrastructure of the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), by 31 December 2040:
Amendment 935 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped, whilst a synchronised and harmonised ERTMS deployment of tracksides and onboards is ensured.;
Amendment 946 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) class B systems are decommissioned. unless technically required by the infrastructure managers in exceptional and justified cases while guaranteeing interoperability through ERTMS deployment in line with the timeline.
Amendment 951 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), by 31 December 2030 meets the requirements of paragraph 1, point (a).
Amendment 953 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Member States shall ensure that the railway infrastructure of the core network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), by 31 December 2040 meets the requirement of paragraph 1, point (b).
Amendment 954 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Member States shall ensure that the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), is equipped with radio-based ERTMS by 31 December 2050.
Amendment 958 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d) and where relevant connections referred to in Article 14(1), point (da), as of 31 December 2025, in case of construction of a new line or upgrade of the signalling system, radio-based ERTMS is being deployed.
Amendment 962 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Member States shall ensure that on the railway infrastructure of the core network, the extended core network and the comprehensive network, including connections referred to in Article 14(1), point (d), as of 31 December 2025, in case of construction of a new line or upgrade of the signalling the train protection part of a CCS subsystem being in service, when the upgrading changes the functions or the performance of the subsystem, radio-based ERTMS is being deployed..
Amendment 966 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. The requirements set out in paragraphs 1 to 5 do not apply to isolated networks.
Amendment 972 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. At the request of a Member State, in duly justified cases, exemptions may be granted by the Commission by means of implementing acts in respect of requirements referred to in paragraphs 1 to 5. Any request for exemption shall be based on a socio-economic cost-benefit analysis and an assessment of the impact on interoperability, on track capacity as well as the railway sector’s implementation capacity and the Railway Supply Industry Readiness Level. An exemption shall comply with the requirements of Directive (EU) 2016/797 of the European Parliament and of the Council59 , be coordinated and agreed with the neighbouring Member State(s) where applicable. The exemptions granted by the Commission shall take duly consider the deployment progress along the whole Network and shall not endanger the deployment with the deadlines set. The exemptions shall duly consider the necessary operational maintenance. The exemptions shall also reflect the availability of national and European fundings. __________________ 59 Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
Amendment 980 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. Member States shall ensure that the concerned actors are duly informed about ERTMS deployment at least x (3) years before the ETCS trackside deployment and y (5) years before the decommissioning of class B systems. A shorter period is allowed if this is agreed between the IMs and the concerned actors and duly notified to the Member State through the ERTMS National Implementation Plan aiming at ensuring the synchronised and harmonised trackside/on-board ERTMS national deployment
Amendment 990 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 c (new)
Article 17 – paragraph 6 c (new)
6c. The European Commission shall ensure regulatory alignment of this Regulation and the Technical Specifications for Interoperability (TSI CCS and TSI INF)implying the alignment of provisions as well as the effective implementation.
Amendment 993 #
2021/0420(COD)
Proposal for a regulation
Article 17 – paragraph 6 b (new)
Article 17 – paragraph 6 b (new)
6b. ERTMS should be 100% publicly funded trackside and on board.
Amendment 999 #
2021/0420(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that, by 31 December 2030, the quality of services provided by infrastructure managers to, railway undertakings and terminal operators, technical and operational requirements for infrastructure use and procedures related to border controls do not prevent the operational performance of rail freight services along the rail freight lines of the European Transport Corridors from meeting the following target values:
Amendment 1014 #
2021/0420(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The European Commission, in close cooperation with all the rail stakeholders, shall ensure that a digital capacity management system, which enables passenger and freight operators to book a cross-border train path, will be developed by31.12.2025. Member States shall fully deploy the system on the European Transport Corridors, core and extended core networks by 31.12.2027.
Amendment 1024 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(ba) upgrading relevant parts of the port rail networks to enable seamless rail freight operations;
Amendment 1040 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
(g) developing innovative alternative fuels technologies for railways, such as hydrogen and battery electric applications for sections that are exempted from the electrification requirement.
Amendment 1045 #
2021/0420(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) gradual introduction of innovative technologies including FRMCS infrastructure at least on the Core and Extended Core Networks.
Amendment 1118 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point k a (new)
Article 24 – paragraph 3 – point k a (new)
(ka) pipelines inside the port area used for the transport of energy sources and other liquid or gaseous products;
Amendment 1131 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – point d a (new)
Article 24 – paragraph 4 – point d a (new)
(da) it is a critical node for the supply and transport of energy into and in the EU and is instrumental to reach the ambitions of REPowerEU; it is facilitating the connectivity, operations and maintenance of installations generating more than 1000 MW renewable energy or enabling a substantial share (at least 10%) of the national renewable energy production, as well as providing the necessary transport infrastructure within the port;
Amendment 1137 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – point d b (new)
Article 24 – paragraph 4 – point d b (new)
(db) it is of geopolitical strategic importance and part of national strategic plans in terms of emergency supply chains, military mobility or energy security.
Amendment 1159 #
2021/0420(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) any maritime port of the comprehensive network that serves freight traffic offers at least one multimodal freight terminal inside the port area or directly connected to the port area, which is open to all operators and users in a non- discriminatory way and which applies transparent and non-discriminatory charges;
Amendment 1162 #
2021/0420(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point d
Article 25 – paragraph 2 – point d
(d) maritime ports of the comprehensive network connected to inland waterways are equipped with dedicated handling capacity for inland waterway vessels.
Amendment 1173 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b a (new)
Article 27 – paragraph 1 – point b a (new)
(ba) modernisation and expansion of the capacity of the infrastructure necessary for transport operations within as well as outside the port area;
Amendment 1176 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point g
Article 27 – paragraph 1 – point g
(g) promoting zero and low emission vessels serving and operating short-sea shipping links, and developing measures to improve the environmental performance of maritime transport for port call orand supply chain optimisation in accordance with the applicable requirements under Union law or relevant international agreements.
Amendment 1180 #
2021/0420(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point g a (new)
Article 27 – paragraph 1 – point g a (new)
(ga) promoting ferry transport as a sustainable mode of passenger transport, including in urban nodes, where applicable;
Amendment 1191 #
2021/0420(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point e a (new)
Article 28 – paragraph 1 – point e a (new)
(ea) access routes and last mile connection to multimodal passenger hubs, including infrastructure for active modes;
Amendment 1217 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (a), (c) and (d), by 31 December 2040.
Amendment 1222 #
2021/0420(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall ensure that the road infrastructure of the core network and extended core network meets the requirements set out in Article 29(2), points (b) and (c), by 31 December 2030.
Amendment 1268 #
2021/0420(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point g
Article 33 – paragraph 1 – point g
(g) where the average annual air temperature is above 8 C, air transport infrastructure provides for pre-conditioned air supply to stationary aircraft.
Amendment 1273 #
2021/0420(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point e
Article 34 – paragraph 1 – point e
(e) improving sustainability and mitigating climate, environmental and noise impacts, in particular by introducing new technologies and innovation, alternative fuels, zero- and low emission aircraft and zero and low carbon infrastructure in accordance with Regulation (EU) […] [on the deployment of alternative fuels infrastructure] and Regulation (EU) […] [on ensuring a level playing field for sustainable air transport].
Amendment 1291 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 2
Article 35 – paragraph 3 – subparagraph 2
Member States shall consult shippers, transport and logistics operators which operate on their territory as well as relevant authorities. They shall take into account the results of the consultation in their analysis.
Amendment 1292 #
2021/0420(COD)
Proposal for a regulation
Article 35 – paragraph 3 – subparagraph 2
Article 35 – paragraph 3 – subparagraph 2
Member States shall consult shippers, port managing bodies, transport and logistics operators which operate on their territory. They shall take into account the results of the consultation in their analysis.
Amendment 1310 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Member States shall ensure in a fair and non-discriminatory manner that multimodal freight terminals referred to in Article 35(1) and which are connected to the rail network, by 31 December 2040, are able to accommodate 740 m long trains without manipulation or, if this is not economically viable or not feasible due to spatial restrictions, that adequate measures are taken to improve the operational efficiency of accommodating 740 m long trains, such as extension and electrification of departure and arrival sidings, adjustments to signalling systems and improvements to the track configuration.
Amendment 1311 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Member States shall ensure in a fair and non-discriminatory manner that all multimodal freight terminals referred to in Article 35(1) and which are connected to the rail network, by 31 December 2050 are able to handle any 740 m long train without manipulation, unless the terminal is located in a spatially restricted area.
Amendment 1316 #
2021/0420(COD)
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. At the request of a Member State, in duly justified cases, exemptions from the obligations under paragraphs 1 to 4 may be granted by the Commission by means of implementing acts where investment in infrastructure cannot be justified in socio- economic cost-benefit terms, in particulaor when the terminal is located in a spatially restricted area.
Amendment 1331 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
Article 40 – paragraph 1 – point b – point i
(i) adoption of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, including active modes, to promote efficient zero-emission mobility including sustainable and zero-emission urban logistics and public transport, to promote affordability and accessibility to all users and address mobility poverty, to reduce air and noise pollution and that takes long- distance trans-European transport flows into consideration;
Amendment 1335 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii
Article 40 – paragraph 1 – point b – point ii
(ii) collection and submission to the Commission of urban mobility data per urban node covering at minimum greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility serviceibility and affordability to mobility services, including data on mobility poverty, as well as data on air and noise pollution. Thereafter these data shall be submitted every year;
Amendment 1337 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii a (new)
Article 40 – paragraph 1 – point b – point ii a (new)
(iia) the adoption of concrete measures, such as the deployment of ICT tools and ITS systems and the collection of other relevant data, to allow optimised itineraries for vehicles with a view to improving the management of traffic flows, reducing congestion and air pollution and improving road safety.
Amendment 1341 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point c – point i
Article 40 – paragraph 1 – point c – point i
(i) for passenger transport: sustainable, seamless and safe interconnection between rail, road, air, the active modes of transport, including where possible EuroVelo infrastructure, and, as appropriate, inland waterway and maritime infrastructure;
Amendment 1351 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point d
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node taking into account urban logistics and last mile and access routes connections. One multimodal freight terminal may serve several urban nodes if capacity allows and be located in the urban node itself or in its vicinity.
Amendment 1358 #
2021/0420(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
From 1 January 2026, EU funding for projects of common interest related to urban nodes should be made conditional to the adoption of SUMPs in accordance with the requirements set out in Annex V.
Amendment 1364 #
2021/0420(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point c
Article 41 – paragraph 1 – point c
(c) promotion of efficient and, low- noise and zero emission transport and mobility, including greening urban fleets and the establishment of low-emission mobility zones;
Amendment 1367 #
2021/0420(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point d a (new)
Article 41 – paragraph 1 – point d a (new)
(da) increase of accessibility and connectivity between urban and rural areas and unhindered access to smart, sustainable and affordable transport;
Amendment 1374 #
2021/0420(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. Member States shall promote projects of common interest which both provide efficient freight transport services that use the infrastructure of the trans- European transport network and contribute to reducing carbon dioxideGHG emissions and other negative environmental and socio- economic impacts, and which aim to:
Amendment 1377 #
2021/0420(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point e
Article 43 – paragraph 1 – point e
(e) improve links to the most vulnerable and isolated parts of the Union, in particular the outermost regions, and other remote, insular, peripheral and mountainous regions as well as sparsely populated areas promoting regular and frequent services.
Amendment 1382 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) support and promote the decarbonisation of transport through transition to zero- and low-emission vehicles, vessels, rolling stock and aircraft and other innovative and sustainable transport and network technologies such as hyperloop;
Amendment 1384 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a a (new)
Article 44 – paragraph 1 – point a a (new)
(aa) encourage research and development of green and innovative mobility alternatives, such as "Mobility as a Service" solutions in territories where exceptions of TEN-T technical requirements have been granted.
Amendment 1398 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point f
Article 44 – paragraph 1 – point f
(f) promote efficient ways to provide accessible and comprehensible information to all users and providers of transport services regarding interconnections, interoperability and multimodality and regarding the environmental impacts of their transport choices;
Amendment 1403 #
2021/0420(COD)
Proposal for a regulation
Article 44 – paragraph 1 a (new)
Article 44 – paragraph 1 a (new)
Member States should, when relevant, coordinate the implementation of the innovative technological developments and deployments included in paragraph (1) with neighbouring countries, particularly in cross-border sections.
Amendment 1413 #
2021/0420(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Member States shall notify the Commission of any project of common interest in their territory with the participation of or contribution of any kind by a natural person of a third country or an undertaking of a third country with a view to allow assessment of its impact on security or public order in the Union and ensure fair competition in public procurement. This obligation shall not apply to foreign direct investments notified to the Commission and other Member States pursuant to Article 6(1) of Regulation (EU) 2019/452.
Amendment 1440 #
2021/0420(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point d a (new)
Article 48 – paragraph 1 – point d a (new)
(da) Compliance of Member States with the propositions (a) to (d) of this article shall be the precondition for receiving funds from the emissions Trading System (ETS) for projects on their territory.
Amendment 1441 #
2021/0420(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
The Commission, in coordination with the European Coordinators, shall establish a core network monitoring plan on maintenance at European level. This monitoring plan should, among others, evaluate the compliance of Member States with the requirements set in paragraph (1), study the state of play of the maintenance of the network and identify gaps in the quality requirements of infrastructure, especially in critical infrastructure. The Commission shall provide Member States with recommendations on targeted measures to improve the maintenance of the network. The Commission shall also present progress reports every two years.
Amendment 1445 #
2021/0420(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Transport infrastructure, including services connected to it, shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas.
Amendment 1449 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. European Transport Corridors are an instrument to facilitate the coordinated implementation of the parts of the core and extended core of the trans- European transport network and are intended, in particular, to improve cross- border links and to remove bottlenecks within the Union.
Amendment 1452 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point b
Article 50 – paragraph 2 – point b
(b) interoperability and continuity of the network;
Amendment 1457 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) a coordinated development of infrastructure, in particular in cross-border sections, notably in view of developing a fully interoperable rail freight system as well as an accessible for all users long- distance rail passenger network at high speed across the Union;
Amendment 1459 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point d
Article 50 – paragraph 2 – point d
(d) supporting the coordinated and integrated development and deployment of innovative solutions for the digitalisation and interoperability of transport.
Amendment 1461 #
2021/0420(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point d a (new)
Article 50 – paragraph 2 – point d a (new)
(da) promoting the deployment of alternative fuels infrastructure.
Amendment 1476 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 5 – point e a (new)
Article 51 – paragraph 5 – point e a (new)
(ea) The ERTMS Coordinator shall conduct a feasibility study starting at the latest with entry into force of this regulation that in parallel to the roll out of ERTMS/ETCS transparently outlines the implementation paths to the deadlines set for 2030, 2040 and 2050. This study shall not only look into feasibility in terms of technology, but also in terms of resources and financial support/subsidies, and the Rail Supply Industry Readiness Level, in order to prevent a negative business case for affected actors, especially Railway Undertakings.
Amendment 1479 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 5 – point e a (new)
Article 51 – paragraph 5 – point e a (new)
(ea) facilitate the establishment of a "joint authority" which may be established by mutual agreement between two or more Member States to facilitate the permit-granting procedures related to cross-border projects as set in the Smart TEN-T Directive.
Amendment 1481 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 6 – point a
Article 51 – paragraph 6 – point a
(a) cooperate closely with the rail freight governance to identify and prioritise investment needs for rail freight on the rail freight lines of the European Transport Corridors with the aim to develop a single integrated governance structure for the ETCs;
Amendment 1490 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 7 – point b
Article 51 – paragraph 7 – point b
(b) monitor administrative, operational and interoperability aspects of passenger traffic on the rail passenger lines of the European Transport Corridors, including monitoring the performance and accessibility of rail passenger services.
Amendment 1492 #
2021/0420(COD)
Proposal for a regulation
Article 51 – paragraph 7 – point b a (new)
Article 51 – paragraph 7 – point b a (new)
(ba) analyse the cross-border mobility needs in EU cross-border regions and encourage Member States, in cooperation with the relevant regional and local authorities, to jointly establish "cross- border mobility plans" with targeted measures in order to, among others, increase the network connectivity index, foster the coordination and frequency of rail and public transport services between regions, address missing links and bottlenecks, enhance the performance of passenger rail services and infrastructure and improve the affordability of the cross- border services.
Amendment 1501 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The “Corridor Forum” shall be formally established and chaired by the European Coordinator. The Member States concerned shall agree on the membership of the Corridor Forum for their part of the European Transport Corridor and ensure representation of the rail freight governance, as well as, when appropriate the relevant regional and local authorities.
Amendment 1508 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point b
Article 52 – paragraph 3 – subparagraph 1 – point b
(b) the coordinated development and implementation of infrastructure projects in cross-border sections, including maritime cross-border nodes;
Amendment 1519 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 2
Article 52 – paragraph 3 – subparagraph 2
When relevant, the European Coordinator shall cooperate and coordinate with the rail freight governance on the activities of the working groups to avoid any duplication of work and with the aim to develop a single integrated governance structure for the ETCs.
Amendment 1534 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. The European Coordinator may consult regional and local authorities, infrastructure managers, including port managing bodies, transport operators, in particular those which are members of the rail freight governance, the supply industry, transport users and representatives of civil society in relation to the work plan and its implementation. In addition, the European Coordinator responsible for ERTMS shall closely cooperate with the European Union Agency for Railways and Europe's Rail Joint Undertaking and the European Coordinator for the European Maritime Space with the European Maritime Safety Agency.
Amendment 1540 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6 a (new)
Article 52 – paragraph 6 a (new)
6a. To set up a future strong and centralised EU Level ERTMS governance including governing funding, National Implementation Plans (NIP) planning, resourcing, market uptake, migration and transition, the European Coordinator for ERTMS, including national IMs and RUs representatives, should facilitate and promote such governance ensuring the timely and harmonised deployment.
Amendment 1543 #
2021/0420(COD)
Proposal for a regulation
Article 52 – paragraph 6 b (new)
Article 52 – paragraph 6 b (new)
6 b. The European Climate, Infrastructure and Environment Executive Agency (CINEA) shall ensure coherence and consistency in ERTMS deployment and funding.
Amendment 1552 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c
Article 53 – paragraph 3 – point c
(c) an identification of the missing links and bottlenecks hampering the development of the corridor with particular attention to cross-border sections;
Amendment 1553 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point c a (new)
Article 53 – paragraph 3 – point c a (new)
(ca) an analysis of the state of play of cross-border sections with a view of identifying challenges and proposing concrete measures to comply with the dates set out in this Regulation and the coherence of the financial programming of the Member States concerned to achieve this aim.
Amendment 1557 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point e
Article 53 – paragraph 3 – point e
(e) a description of possible solutions to address the investment needs and bottlenecks, in particular for the passenger and freight lines and nodes of the corridor;
Amendment 1560 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point e
Article 53 – paragraph 3 – point e
(e) a description of possible solutions to address the investment needs and bottlenecks, in particular for the passenger and freight lines and nodes of the corridor;
Amendment 1561 #
2021/0420(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point f
Article 53 – paragraph 3 – point f
(f) a plan with intermediate targets for the removal of physical, technical, digital, operational and administrative barriers between and within transport modes paying particular attention to the improvement of accessibility for all users, and for the enhancement of efficient multimodal transport with particular attention to cross-border sections and national missing links.
Amendment 1581 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b
Article 56 – paragraph 1 – subparagraph 1 – point b
(b) exclude maritime ports and airports from the comprehensive network, if it is demonstrated that the average of their traffic volume over the last six years is below 85% of the relevant threshold and after initiating a monitoring procedure taking into account qualitative indicators such as their strategic location and contribution of the EU strategic autonomy and any cyclical factors explaining the decline in traffic flow;
Amendment 1583 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b
Article 56 – paragraph 1 – subparagraph 1 – point b
(b) exclude maritime ports and airports from the comprehensive network, if it is demonstrated that the average of their traffic volume over the last six years is below 85% of the relevant threshold. In order to guarantee a high degree of network stability, the port’s or airport’s development plan, traffic prognosis or geopolitical importance or role for the energy supply should be considered prior to the exclusion from the network, in addition to current traffic volumes;
Amendment 1587 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point b a (new)
Article 56 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) include maritime ports in the core network at the request of a Member State when maritime ports comply with Article 25 paragraphs (1) and (2) and have a geopolitical strategic importance and European added value in terms of emergency supply chains, geopolitical importance, military mobility and energy security.
Amendment 1594 #
2021/0420(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
Article 56 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) include an opt-in mechanism for urban nodes alongside the TEN-T corridors, to be included in the lists in Annex II, at the request of a Member State with the previous agreement of the urban node concerned and its relevant authorities.
Amendment 1607 #
2021/0420(COD)
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. Member States shall notify to the Commission the draft national plans and programmes, or any modification of those, with a view to developing the trans- European transport network, at least twelve months before their adoption. The Commission may issue an opinion no later than six months following the notification by the Member State on the coherence of the draft national plans and programmes with the priorities set out in this Regulation and with the priorities set out in the work plans for the corresponding corridor(s) and of the horizontal priorities and in the implementing acts adopted in accordance with Article 54(1). The Member States shall inform the Commission, no later than two months after notification of the opinion, on the measures adopted to address the recommendations set out in the opinion. Projects of national plans that are not aligned with Union transport policy shall not be considered to be a priority for receiving Union funds.
Amendment 1616 #
2021/0420(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
The Commission mayshall, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay.
Amendment 1620 #
2021/0420(COD)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
The provisions relating to railways, and in particular any requirement to connect airports and ports to railways as well as the provisions related to safe and secure parking and multimodal freight terminals shall not apply to Cyprus, Malta, islands and outermost regions for as long as no railway system is established within their territory.
Amendment 1828 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 1
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area to all users with particular attention to persons with disabilities or reduced mobility, and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans- European transport network, in particular through the establishment of low-emission mobility zones, the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes.
Amendment 1831 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy, including in financial terms, for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable development of the urban area and linked to relevant land-use and spatial planning.
Amendment 1835 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 3
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and to improve road safety in particular of vulnerable road users. establishment of low-emission mobility zones, the greening of the urban fleet, to reduce congestion, to improve accessibility for all users with particular attention to persons with disabilities or reduced mobility, as well as to improve road safety in particular of vulnerable road users in accordance with EU road safety standards, including standards for safety of cycling infrastructure.
Amendment 1841 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 5
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens as well as representatives of civil society and economic actors shall also be involved, in particular urban transport authorities. Citizens, accessibility experts, as well as representatives of civil society, including organisations of persons with disabilities and economic actors shall also be involved. It shall also support the creation of a multi-level collaboration platform at national level to identify and address shortcomings in rural-urban connectivity covering the functional urban areas and assess the possibilities offered by regional mobility plans.
Amendment 1848 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 6
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, improved management of traffic flows, congestion, accidents and injuries, modal share and access to mobility services and infrastructure to all users, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality.
Amendment 1851 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 1
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area to all users with particular attention to persons with disabilities or reduced mobility, and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans- European transport network, in particular through the establishment of low-emission mobility zones, the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes.
Amendment 1854 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
2. Long-term vision and short-term implementation plan: A SUMP shall include a – or be linked to an existing – long term strategy, including in financial terms, for the future development of transport infrastructure and multi-modal services. It shall also include a delivery plan for the short-term implementation of the strategy. It shall be embedded into an integrated approach for sustainable development of the urban area and linked to relevant land-use and spatial planning.
Amendment 1858 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 3
Annex V – point 3
3. Integration of the different modes of transport: A SUMP shall promote multimodal accessible transport through the integration of the different modes and measures aimed at facilitating seamless and sustainable mobility. It shall include actions to increase the modal share of the more sustainable forms of transport such as public transport, active mobility, and, as appropriate, inland waterway and maritime transport. It shall also include actions to promote zero-emission mobility, in particular with regard to the greening of the urban fleet, to reduce congestion and to improve road safety in particular of vulnerable road users. establishment of low-emission mobility zones, the greening of the urban fleet, to reduce congestion, to improve accessibility for all users with particular attention to persons with disabilities or reduced mobility, as well as to improve road safety in particular of vulnerable road users in accordance with EU road safety standards, including standards for safety of cycling infrastructure.
Amendment 1864 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 5
Annex V – point 5
5. Participatory approach: The development and implementation of a SUMP shall be based on an integrated approach with a high level of cooperation, coordination and consultation between the different levels of government and relevant authorities. Citizens as well as representatives of civil society and economic actors shall also be involved, in particular urban transport authorities. Citizens, accessibility experts, as well as representatives of civil society, including organisations of persons with disabilities and economic actors shall also be involved. It shall also support the creation of a multi-level collaboration platform at national level to identify and address shortcomings in rural-urban connectivity covering the functional urban areas and assess the possibilities offered by regional mobility plans.
Amendment 1871 #
2021/0420(COD)
Proposal for a regulation
Annex V – point 6
Annex V – point 6
6. Monitoring and performance indicators: A SUMP shall include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, improved management of traffic flows, congestion, accidents and injuries, modal share and access to mobility services and infrastructure to all users, as well as data on air and noise pollution in cities. The implementation of a SUMP shall be monitored using performance indicators. Member States and the relevant authorities shall implement mechanisms to ensure that a SUMP is in line with the provisions of this Annex and of high quality.
Amendment 146 #
2021/0223(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to ensure a coherent legislative framework for the use and deployment of alternative fuels the Regulation XXXX-XXX(Alternative Fuels Infrastructure Regulation) should be aligned with the Regulation XXXX-XXX (FuelEU Maritime) and the revision of Directive 2003/96/EC(Energy Taxation Directive), This alignment should ensure that the provision on SSE in ports is accompanied by rules mandating the use of SSE by ships and by rules incentivising its use through a tax exemption.
Amendment 148 #
2021/0223(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) A goal-based and demand-driven legislative approach that applies the polluter pays-principle whilst maintaining a level playing field is the most efficient way to reduce emissions, avoid stranded assets and be future-proof. Such an approach supports innovation and rapid deployment of alternative fuels infrastructure where it makes sense, and enables bottom-up initiatives and coalitions of the willing.
Amendment 167 #
2021/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Given the transitional role of LNG, the availability of LNG bunkering infrastructure in ports should be demand driven, in particular as regards new investments. Contrary to maritime transport, for inland waterways, with normally smaller vessels and shorter distances, zero-emission powertrain technologies, such as hydrogen and electricity, should enter the markets more quickly. LNG is expected to no longer play a significant role in that sector. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e- gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
Amendment 176 #
2021/0223(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficient infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limited targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networks. In this regard, the important role of ports in supplying LNG for heavy-duty transport should also be considered.
Amendment 189 #
2021/0223(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to ensure a coherent legislative frame work for the use and deployment of alternative fuels the Regulation XXXX-XXX(Alternative Fuels Infrastructure Regulation) should be aligned with the Regulation XXXX-XXX (FuelEU Maritime) and the revision of Directive 2003/96/EC(Energy Taxation Directive), This alignment should ensure that the provision on SSE in ports is accompanied by rules mandating the use of SSE by ships and by rules incentivising its use through a tax exemption.
Amendment 191 #
2021/0223(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) A goal-based and demand-driven legislative approach that applies the polluter pays-principle whilst maintaining a level playing field is the most efficient way to reduce emissions, avoid stranded assets and be future-proof. Such an approach supports innovation and rapid deployment of alternative fuels infrastructure where it makes sense, and enables bottom-up initiatives and coalitions of the willing.
Amendment 199 #
2021/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Given the transitional role of LNG, the availability of LNG bunkering infrastructure in ports should be demand driven, in particular as regards new investments. Contrary to maritime transport, for inland waterways, with normally smaller vessels and shorter distances, zero-emission powertrain technologies, such as hydrogen and electricity, should enter the markets more quickly. LNG is expected to no longer play a significant role in that sector. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
Amendment 204 #
2021/0223(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the heavy-duty road transport sector, LNG trucks are fully mature. On the one hand, the common scenarios underpinning the Sustainable and Smart Mobility Strategy and the Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest some limited role of gaseous fuels that will increasingly be decarbonised in heavy-duty road transport especially in the long haul segment. Furthermore, LPG and CNG vehicles for which already a sufficient infrastructure network exists across the Union are expected to gradually be replaced by zero emission drivetrains and therefore only a limited targeted policy for LNG infrastructure deployment that can equally supply decarbonised fuels is considered necessary to close remaining gaps in the main networks. In this regard, the important role of ports in supplying LNG for heavy-duty transport should also be considered.
Amendment 247 #
2021/0223(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Shore-side electricity facilities can serve maritime and inland waterway transport as clean power supply and contribute to reducing the environmental impact of seagoing ships and inland waterway vessels, mainly at berth in ports. Under the FuelEU maritime initiative, ship operators of container and passenger ships need to comply with provisions to reduce emissions at berth. Mandatory deployment targets should ensure that the sector finds sufficient shore-side electricity supply in TEN-T core and comprehensive maritime ports to comply with those requirements. The application of these targets to all TEN- T maritime ports should ensure the level playing field between ports.
Amendment 248 #
2021/0223(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) The diversity of maritime ports in terms of their size, traffic segments served, governance, and geographical location has to be taken into account in the deployment of shore-side electricity facilities and the supply of shore-side electricity. The diverse governance of maritime ports in the European Union might imply different divisions of responsibilities in terms of the deployment and supply of shore side electricity.
Amendment 250 #
2021/0223(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) Given the cost and complexity associated with the roll-out of shore-side electricity in maritime ports, it is essential to prioritise the investments, particularly where it makes the most sense in terms of emissions reduction and economic viability: frequency of use, potential level of emissions reduction, regularity of calls and availability of grid capacity are important elements in that respect;
Amendment 251 #
2021/0223(COD)
Proposal for a regulation
Recital 32 c (new)
Recital 32 c (new)
(32 c) The prioritisation of certain segments of shipping for the provision and use of shore-side electricity should not exempt the other segments from contributing to the climate and zero pollution goals. The ultimate goal should be to achieve zero emission at berth for all sea-going vessels in EU ports, including in ports outside the TEN-T Network.
Amendment 252 #
2021/0223(COD)
Proposal for a regulation
Recital 32 d (new)
Recital 32 d (new)
(32 d) In view of avoiding stranded assets, the deployment of shore-side electricity (SSE) in maritime ports has to be seen together with the current and future deployment of equivalent alternative technologies to SSE, in particular those technologies that deliver emission reductions both at berth and during navigation;
Amendment 253 #
2021/0223(COD)
Proposal for a regulation
Recital 32 e (new)
Recital 32 e (new)
(32 e) To incentivise the use of shore-side electricity(SSE), electricity supplied to vessels in ports should be permanently exempted from taxation in the EU. The reviewed Energy Taxation Directive (XXXX-XXX)should include such an exemption for all electricity provided to vessels via fixed, mobile, and floating installations.
Amendment 254 #
2021/0223(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) CAll shipping segments need to contribute to lowering emissions at berth. However, container ships and passenger ships, being the ship categories which are producing the highest amount of greenhouse gas emissions per ship at berth, should as a priority be provided with shore-side electricity supply. In order to take into account power demand characteristics while at berth of different passenger ships, as well as port operational characteristics, it is necessary to distinguish between the passenger ship requirements for ro-ro passenger ships and high speed passenger vessels, and those for otherBerths used by larger container vessels, exceeding 366 meters, which have due to the large power demand and high level of shore-power readiness the greatest potential to significantly reduce emissions at berth when using shore-side electricity (SSE), should have the highest priority in terms of implementation of shore-side electricity infrastructure. Once these berths have shore side electricity infrastructure other container vessels calling on these berths should also use the available infrastructure. In order to take into account power demand characteristics while at berth, as well as port operational characteristics, it is necessary to distinguish between the shore-side electricity (SSE)requirements for cruise ships and those for the other passenger ships, namely ferries, ro-ro passenger ships and high speed passenger shipvessels.
Amendment 256 #
2021/0223(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) These targets should take into account the types of vessels served and their respective traffic volumes. Maritime portterminals with low traffic volumes of certain ship categories, should be exempted from the mandatory requirements for the corresponding ship categories based on a minimum level of traffic volume per terminal, so as to avoid under used capacity being installed and to allow for the exclusion of terminals and/or berths which are normally/ not intended to be called at not called at by the segments that are prioritised for the use of shore-side electricity. Similarly, the mandatory targets should not aim to target maximum demand, but a sufficiently high volume, in order to avoid underused capacity and to take account of port operational characteristics. Maritime transport is an important link for the cohesion and economic development of islands as well as outermost regions in the Union. Energy production capacity in these islandareas may not always be sufficient to account for the power demand required to support the provision of shore-side electricity supply. In such a case islands and outermost regions should be exempted from this requirement unless and until such an electrical connection with the mainland has been completed or there is a sufficient locally generated capacity from clean energy sources.
Amendment 258 #
2021/0223(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) The use of shore-side electricity (SSE)by vessels at berth certainly contributes to reducing the overall emissions from shipping but it has to be accompanied by solutions which reduce emissions during navigation.
Amendment 259 #
2021/0223(COD)
Proposal for a regulation
Recital 34 b (new)
Recital 34 b (new)
(34 b) Member States should ensure adequate energy production and provision of sufficient grid infrastructure (as well in terms of availability and capacity) to meet the power demands resulting from the provision of shore-side electricity (SSE) in ports as required in this Regulation. To be effective in overall emission reductions and avoid carbon leakage to the hinterland, this generated capacity should increasingly come from clean energy sources in accordance with amended Article 3(1) of the revised Directive (EU) 2018/2001 (REDIII).
Amendment 260 #
2021/0223(COD)
Proposal for a regulation
Recital 34 c (new)
Recital 34 c (new)
(34 c) The demand for SSE in ports could see peaks during certain periods, which could coincide with peak demands in other sectors of the economy, such as heavy industry located in and around ports, leading to a demand of energy which exceeds the local energy production capacity. Such potential (temporary) shortages of grid capacity should not be considered as failure by the port to supply SSE.
Amendment 261 #
2021/0223(COD)
Proposal for a regulation
Recital 34 d (new)
Recital 34 d (new)
(34 d) Terminals that only occasionally receive ship segments falling under the scope of the Regulation should be exempted from OPS/SSE infrastructure investments.
Amendment 262 #
2021/0223(COD)
Proposal for a regulation
Recital 34 e (new)
Recital 34 e (new)
(34 e) To comply with the requirements of this Regulation, investments in grid converters and the upgrade of the grid, which entails additional costs and complexity, should be considered. Europe’s grids operate at 50 Hz, whereas many vessel segments such as ocean- going ships require 60Hz when connecting to shore-side electricity. In order to meet these demands, investments in frequency converters are required.
Amendment 265 #
2021/0223(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A core network of refuelling points for LNG at maritime ports should be available by 2025. As a transitional fuel, deployment should be sufficient to respond to market demand, and additional LNG infrastructure should not be required if there is no demand. Refuelling points for LNG include LNG terminals, tanks, mobile containers, bunker vessels and barges.
Amendment 266 #
2021/0223(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) The development and deployment of new fuels and energy solutions for the maritime sector requires a coordinated approach to match supply and demand and avoid stranded assets. A consultation mechanism between all relevant stakeholders at the level of individual ports should therefore be developed to ensure coordination and consultation in the application of the requirements foreseen in this Regulation as concerns shore-side electricity (SSE) and LNG.
Amendment 269 #
2021/0223(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) It is not economically viable to deploy shore-side electricity in ports. This is certainly the case until the entry into force of the requirements to use shore- side electricity in accordance with Article 5 of Regulation XXXX-XXX (FuelEU Maritime). Accordingly, there is a need for public funding to enable such deployment for 2030 and beyond in all ports in Europe.
Amendment 270 #
2021/0223(COD)
Proposal for a regulation
Recital 38 b (new)
Recital 38 b (new)
(38 b) The national policy framework developed by Member States should include a deployment plan in cooperation with ports detailing the public financing for the provision of shore-side electricity and required grid capacity.
Amendment 271 #
2021/0223(COD)
Proposal for a regulation
Recital 38 c (new)
Recital 38 c (new)
Amendment 281 #
2021/0223(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In the application of this Regulation, the Commission should consult relevant expert groups and stakeholders, and in particular the Sustainable Transport Forum (‘STF’) and the European Sustainable Shipping Forum (‘ESSF’). Such expert consultation is of particular importance when the Commission intends to adopt delegated or implementing acts under this Regulation.
Amendment 284 #
2021/0223(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Shore-side electricity facilities can serve maritime and inland waterway transport as clean power supply and contribute to reducing the environmental impact of seagoing ships and inland waterway vessels, mainly at berth in ports. Under the FuelEU maritime initiative, ship operators of container and passenger ships need to comply with provisions to reduce emissions at berth. Mandatory deployment targets should ensure that the sector finds sufficient shore-side electricity supply in TEN-T core and comprehensive maritime ports to comply with those requirements. The application of these targets to all TEN- T maritime ports should ensure the level playing field between ports.
Amendment 285 #
2021/0223(COD)
(54) The market for alternative fuels and in particular for zero emission fuels is still in the early stages of development and technology is evolving fast. This should likely affect the demand for alternative fuels and consequently for alternative fuels infrastructure across the modes. The Commission should therefore review this Regulation by the end of 2026 in particular as regards the targets setting for electric recharging points for HDV as well as targets for infrastructure for alternative fuels for zero-emission vessels and aircraft in waterborne transport and aviation. Such a review should not consider requirements already introduced in the Regulation, in order to ensure legal certainty, facilitate long-term investments and avoiding the creation of stranded assets.
Amendment 287 #
2021/0223(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) The diversity of maritime ports in terms of their size, traffic segments served, governance, and geographical location has to be taken into account in the deployment of shore-side electricity facilities and the supply of shore-side electricity. The diverse governance of maritime ports in the European Union might imply different divisions of responsibilities in terms of the deployment and supply of shore side electricity.
Amendment 290 #
2021/0223(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) Given the cost and complexity associated with the roll-out of shore-side electricity in maritime ports, it is essential to prioritise the investments, particularly where it makes the most sense in terms of emissions reduction and economic viability: frequency of use, potential level of emissions reduction, regularity of calls and availability of grid capacity are important elements in that respect;
Amendment 297 #
2021/0223(COD)
Proposal for a regulation
Recital 32 c (new)
Recital 32 c (new)
(32 c) The prioritisation of certain segments of shipping for the provision and use of shore-side electricity should not exempt the other segments from contributing to the climate and zero pollution goals. The ultimate goal should be to achieve zero emission at berth for all sea-going vessels in EU ports, including in ports outside the TEN-T Network.
Amendment 298 #
2021/0223(COD)
Proposal for a regulation
Recital 32 e (new)
Recital 32 e (new)
(32 e) To incentivise the use of shore-side electricity (SSE), electricity supplied to vessels in ports should be permanently exempted from taxation in the EU. The reviewed Energy Taxation Directive (XXXX-XXX) should include such an exemption for all electricity provided to vessels via fixed, mobile, and floating installations.
Amendment 301 #
2021/0223(COD)
Proposal for a regulation
Recital 32 d (new)
Recital 32 d (new)
(32 d) In view of avoiding stranded assets, the deployment of shore-side electricity (SSE) in maritime ports has to be seen together with the current and future deployment of equivalent alternative technologies to SSE, in particular those technologies that deliver emission reductions both at berth and during navigation;
Amendment 303 #
2021/0223(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) CAll shipping segments need to contribute to lowering emissions at berth. However, container ships and passenger ships, being the ship categories which are producing the highest amount of greenhouse gas emissions per ship at berth, should as a priority be provided with shore-side electricity supply. In order to take into account power demand characteristics while at berth of different passenger ships, as well as port operational characteristics, it is necessary to distinguish between the passenger ship requirements for ro-ro passenger ships and high speed passenger vessels, and those for otherBerths used by larger container vessels, exceeding 366 meters, which have due to the large power demand and high level of shore-power readiness the greatest potential to significantly reduce emissions at berth when using shore-side electricity (SSE), should have the highest priority in terms of implementation of shore-side electricity infrastructure. Once these berths have shore side electricity infrastructure other container vessels calling on these berths should also use the available infrastructure. In order to take into account power demand characteristics while at berth, as well as port operational characteristics, it is necessary to distinguish between the shore-side electricity (SSE)requirements for cruise ships and those for the other passenger ships, namely ferries, ro-ro passenger ships and high speed passenger shipvessels.
Amendment 309 #
2021/0223(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) These targets should take into account the types of vessels served and their respective traffic volumes. Maritime portterminals with low traffic volumes of certain ship categories, should be exempted from the mandatory requirements for the corresponding ship categories based on a minimum level of traffic volume per terminal, so as to avoid underused capacity being installed and to allow for the exclusion of terminals and/or berths which are normally not intended to be called at by the segments that are prioritised for the use of shore-side electricity. Similarly, the mandatory targets should not aim to target maximum demand, but a sufficiently high volume, in order to avoid underused capacity and to take account of port operational characteristics. Maritime transport is an important link for the cohesion and economic development of islands as well as outermost regions in the Union. Energy production capacity in these islandareas may not always be sufficient to account for the power demand required to support the provision of shore-side electricity supply. In such a case islands and outermost regions should be exempted from this requirement unless and until such an electrical connection with the mainland has been completed or there is a sufficient locally generated capacity from clean energy sources.
Amendment 316 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757which is securely moored at the terminal in a port falling under the jurisdiction of a Member State, where it is carrying out its main loading and unloading operations, including the time spent when not engaged in cargo operations; in case of cruise vessels, hoteling is included;
Amendment 316 #
2021/0223(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) The use of shore-side electricity (SSE) by vessels at berth certainly contributes to reducing the overall emissions from shipping but it has to be accompanied by solutions which reduce emissions during navigation.
Amendment 318 #
2021/0223(COD)
Proposal for a regulation
Recital 34 b (new)
Recital 34 b (new)
Amendment 319 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 58
Article 2 – paragraph 1 – point 58
(58) ‘shore-side electricity supply at berth’ means the provision of shore-side electrical power through a standardised interface to seagoing ships or inland waterway vessels at berth; through a fixed, floating, or mobile installation.
Amendment 320 #
2021/0223(COD)
Proposal for a regulation
Recital 34 c (new)
Recital 34 c (new)
(34 c) The demand for SSE in ports could see peaks during certain periods, which could coincide with peak demands in other sectors of the economy, such as heavy industry located in and around ports, leading to a demand of energy which exceeds the local energy production capacity. Such potential (temporary) shortages of grid capacity should not be considered as failure by the port to supply SSE.
Amendment 321 #
2021/0223(COD)
Proposal for a regulation
Recital 34 d (new)
Recital 34 d (new)
(34 d) Terminals that only occasionally receive ship segments falling under the scope of the Regulation should be exempted from OPS/SSE infrastructure investments.
Amendment 322 #
2021/0223(COD)
Proposal for a regulation
Recital 34 e (new)
Recital 34 e (new)
(34 e) To comply with the requirements of this Regulation, investments in grid converter sand the upgrade of the grid, which entails additional costs and complexity, should be considered. Europe’s grids operate at 50 Hz, whereas many vessel segments such as ocean- going ships require 60Hz when connecting to shore-side electricity. In order to meet these demands, investments in frequency converters are required.
Amendment 326 #
2021/0223(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A core network of refuelling points for LNG at maritime ports should be available by 2025. As a transitional fuel, deployment should be sufficient to respond to market demand, and additional LNG infrastructure should not be required if there is no demand. Refuelling points for LNG include LNG terminals, tanks, mobile containers, bunker vessels and barges.
Amendment 332 #
2021/0223(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) The development and deployment of new fuels and energy solutions for the maritime sector requires a coordinated approach to match supply and demand and avoid stranded assets. A consultation mechanism between all relevant stakeholders at the level of individual ports should therefore be developed to ensure coordination and consultation in the application of the requirements foreseen in this Regulation as concerns shore-side electricity (SSE) and LNG.
Amendment 340 #
2021/0223(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) The development and deployment of alternative marine fuels and energy solutions for the maritime sector will require time and significant financing. While fuels such as ammonia and hydrogen can play a role in the future energy mix for shipping, the safety and infrastructure requirements still have to be studied and agreed upon. To accelerate this, pilot projects and research and development for these fuels should be promoted and provided funding. The European Commission and the 4th IMO Greenhouse Gas Study[1a] finds that less than 1% of vessels will use fuels such as ammonia and hydrogen by 2030. Accordingly, it is premature to set requirements for ammonia and hydrogen infrastructure in ports. Potential requirements to deploy alternative marine fuels that are currently underdevelopment such as ammonia and hydrogen should therefore be considered first during the review of this Regulation in 2026. Any such requirements must be coupled by strict requirements to use such alternative marine fuels in Article5 of Regulation XXXX-XXX (FuelEU Maritime). [1a] 4th IMO GHG Study, 2020, p. 231. Available here : https://wwwcdn.imo.org/localresources/en /OurWork/Environment/Documents/Four th%20IMO%20GHG%20Study%202020 %20- %20Full%20report%20and%20annexes.p df
Amendment 348 #
2021/0223(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) It is not economically viable to deploy shore-side electricity in ports. This is certainly the case until the entry into force of the requirements to use shore- side electricity in accordance with Article 5 of Regulation XXXX-XXX (FuelEU Maritime). Accordingly, there is a need for public funding to enable such deployment for 2030 and beyond in all ports in Europe.
Amendment 349 #
2021/0223(COD)
Proposal for a regulation
Recital 38 b (new)
Recital 38 b (new)
(38 b) The national policy framework developed by Member States should include a deployment plan in cooperation with ports detailing the public financing for the provision of shore-side electricity and required grid capacity.
Amendment 350 #
2021/0223(COD)
Proposal for a regulation
Recital 38 c (new)
Recital 38 c (new)
(38 c) In view of legal certainty and long- term planning, the scope of the mandatory requirements for SSE in a certain port should be fixed based on a three-year reference period to be defined upon entry into force of this Regulation, only to be reviewed when this Regulation is changed. National policy frameworks as set out in Article 13 of this Regulation should define the reference period considered, which determines the scope of shore side electricity requirements in ports. The reference period should be decided in such a way that it leaves sufficient time for the deployment of the shore side electricity infrastructure necessary to meet the requirements set out in Article 9(1). The terminals in ports falling within the scope cannot be challenged every year in function of changing number of port calls. Once a terminal falls in the scope of Article 9(1), it should therefore remain in the scope.
Amendment 383 #
2021/0223(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In the application of this Regulation, the Commission should consult relevant expert groups and stakeholders, and in particular the Sustainable Transport Forum (‘STF’) and the European Sustainable Shipping Forum (‘ESSF’). Such expert consultation is of particular importance when the Commission intends to adopt delegated or implementing acts under this Regulation.
Amendment 389 #
2021/0223(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The market for alternative fuels and in particular for zero emission fuels is still in the early stages of development and technology is evolving fast. This should likely affect the demand for alternative fuels and consequently for alternative fuels infrastructure across the modes. The Commission should therefore review this Regulation by the end of 2026 in particular as regards the targets setting for electric recharging points for HDV as well as targets for infrastructure for alternative fuels for zero-emission vessels and aircraft in waterborne transport and aviation. Such a review should not consider requirements already introduced in the Regulation, in order to ensure legal certainty, facilitate long-term investments and avoiding the creation of stranded assets.
Amendment 474 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 57
Article 2 – paragraph 1 – point 57
(57) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757which is securely moored at the terminal in a port falling under the jurisdiction of a Member State, where it is carrying out its main loading and unloading operations, including the time spent when not engaged in cargo operations; in case of cruise vessels, hoteling is included;
Amendment 479 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 58
Article 2 – paragraph 1 – point 58
(58) ‘shore-side electricity supply at berth’ means the provision of shore-side electrical power through a standardised interface to seagoing ships or inland waterway vessels at berth; through a fixed, floating, or mobile installation.
Amendment 810 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that a minimum an adequate shore-side electricity supply for seagoing container and passenger ships is provided in maritime ports. To that end, Member States shall take the necessary measures to ensure that by 1 January 2030:, in TEN-T core and TEN-T comprehensive maritime ports: terminals whose average annual number of calls over the last three years by seagoing containerships above 366 metres length, in the previous three years, is above 50,provide shore-side electricity for 90% of all calls from sea going container vessels above 5000 gross tonnes at these terminals;
Amendment 825 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) TEN-T core and TEN-T comprehensive maritime portterminals whose average annual number of port calls over the last three years by seagoing container ships above 5000 gross tonnes, in the previous three years, is above 570 have sufficient shore-side power output to meet at leastprovide shore-side electricity for 90% of that demandese calls;
Amendment 835 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) TEN-T core and TEN-T comprehensive maritime portterminals whose average annual number of port calls over the last three years by seagoing ro-ro passenger ships and high-speed passenger craft, other than cruise ships, above 5000 gross tonnes, in the previous three years, is above 40 have sufficient shore-side power output to satisfy at leastprovide shore-side electricity for 90% of that demandese calls;
Amendment 841 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) TEN-T core and TEN-T comprehensive maritime portterminals whose average annual number of port calls over the last three years by passenger ships other than ro-ro passenger ships and high-speed passenger craftcruise ships above 5000 gross tonnes, in the previous three years, is above 25 have sufficient shore-side power output to meet at least50 provide shore-side electricity for 90% of that demande calls.
Amendment 848 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. For the determination of the average number of port calls in accordance with Article 9(1), the reference period of three years will be either: (a) the reference period identified in the national policy framework (b) the three-year period preceding the establishment of the national policy framework
Amendment 852 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. For the determination of the number of port calls at terminals in accordance with Article 9(1), the following port calls shall not be taken into account:
Amendment 858 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) port calls that are at berth for less than two hours, calculated on the basis of hour of estimated departure and arrival monitored in accordance with Article 14 of the proposal for a Regulation COM(2021)562;
Amendment 863 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) port calls at a terminal by ships that use zero- emission technologies, as specified in Article 5(3b) and Annex III of the proposal for a Regulation COM(2021)562;
Amendment 869 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) port calls by a ship that is exceptionally at a berth which does not normally accommodate this ship type/segment.
Amendment 880 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island or in an outermost region which is not connected directly to the electricity grid, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources.
Amendment 884 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Member States shall ensure that sufficient grid infrastructure is made available to meet the requirements set out in Article 9(1a-1d). A potential (temporary) shortage of grid capacity, or no grid converters at the berth shall not be considered failure by the port/terminal to supply shore-side electricity (SSE).
Amendment 889 #
2021/0223(COD)
Proposal for a regulation
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3 b. In the deployment plan for shore side electricity in ports in accordance with Article 9(1), Member States must be able to exclude the berths which are occasionally called at by ships under the segments addressed in Article 9, and which are not the intended berth for loading and unloading of such vessels.
Amendment 906 #
2021/0223(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that an appropriate number core network of refuelling points for LNG are put in place at TEN-T core maritime ports referred to in paragraph 2, to enable seagoing ships to circulate throughout the TEN-T core network by 1 January 2025t maritime ports is available by 1 January 2025 which is appropriate to serve the demand for LNG by seagoing ships. Member States shall cooperate with neighbouring Member States where necessary to ensure adequate coverage of the TEN-T core network.
Amendment 914 #
2021/0223(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall designate in their national policy frameworks TEN-T core maritime ports that shall provide access to the re fuelling points for LNG referred to in paragraph 1, also taking into consideration actual market needs and developments, and environmental benefits.
Amendment 919 #
2021/0223(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. The deployment plan for shore- side electricity in maritime ports shall be accompanied by a comprehensive national financing plan.
Amendment 920 #
2021/0223(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 947 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. By 1 January 2024, each Member State shall prepare in coordination with all key stakeholders on the national level, and send to the Commission a draft national policy framework for the development of the market as regards alternative fuels in the transport sector and the deployment of the relevant infrastructure based on demand/where it is being used, thereby maximising emission reductions for each infrastructure investment made.
Amendment 959 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point b
Article 13 – paragraph 1 – subparagraph 1 – point b
(b) national targets and objectives pursuant to Articles 3, 4, 6, 8, 9, 10, 11 and 12 for which mandatory national targets are set out in this Regulation, as well as the reference period of three years used to identify the scope of article 9, paragraph 1;
Amendment 990 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point m
Article 13 – paragraph 1 – subparagraph 1 – point m
(m) a deployment plan for alternative fuels infrastructure in maritime ports, in particular for electricity and hydrogen, which shall be accompanied by a comprehensive financing plan, for port services as defined in Regulation (EU) 2017/352 of the European Parliament and of the Council66 ; _________________ 66 Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).
Amendment 1002 #
2021/0223(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point o a (new)
Article 13 – paragraph 1 – subparagraph 1 – point o a (new)
Amendment 1056 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(b a) the use and economic viability of available infrastructure and expected future demand for this infrastructure;
Amendment 1059 #
2021/0223(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b b (new)
Article 15 – paragraph 3 – point b b (new)
(b b) the impact on modal split taking place as a result of the introduction of the Regulation, including impacts of Article 9 on call patterns, greenhouse gas emissions, short-sea shipping, traffic on inland transport modes.
Amendment 1141 #
2021/0223(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission shall monitor the progress made towards achieving the implementation of the Regulation. By 31 December 2026, the Commission shall, if appropriate, consider a review this Regulation, and, where appropriate, submit a proposal to amend it. Such a review shall not substantially alter requirements already introduced in the Regulation. By the end of 2026, Member States shall review the scope of Article 9 if, based on a new three-year reference period, additional terminals in ports have to be added to the scope in accordance with Article 9.
Amendment 1150 #
2021/0223(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b – indent 8
Annex I – paragraph 1 – point 1 – point b – indent 8
– Shore side electricity supply at maritime ports of the TEN-T core and TEN-T comprehensive network, including exact location (port), grid capacity, and capacity of each installation within the port;
Amendment 1154 #
2021/0223(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b – indent 11
Annex I – paragraph 1 – point 1 – point b – indent 11
– other national targets and objectives for which no EU wide mandatory national targets exist. For alternative fuels infrastructure in ports, airports and for rail the location and capacity/size of the installation as well as its use, and the demand for infrastructure has to be reported;
Amendment 1156 #
2021/0223(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
2. utilisation rates: for the categories under point 1(b), reporting the utilisation of, and expected future demand for, that infrastructure;
Amendment 1163 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.1
Annex II – Part 4 – point 4.1
4.1. Shore-side electricity supply for seagoing ships, including the design, installation and testing of the systems, shall comply with the technical specifications of the IEC/IEEE 80005-1:2019 standard, for high-voltage and low-voltage shore connections respectively. Vessels should foresee and adapt to these standards when planning and investing in OPS on-board, including voltage, electrical frequency and onboard step-down transformer where necessary, avoiding incompatibilities.
Amendment 1166 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.5
Annex II – Part 4 – point 4.5
4.5. Technical specifications for port-to- grid communication interface in automated onshore power supply (OPS) and battery recharging systems for maritime vessels, along with technical specifications for OPS installed onboard vessels, including frequency and voltage standardisation where applicable.
Amendment 1169 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.7 a (new)
Annex II – Part 4 – point 4.7 a (new)
4.7 a. Technical specifications for cable management systems (including length and location) onboard vessels where applicable.
Amendment 1171 #
2021/0223(COD)
Proposal for a regulation
Annex II – Part 4 – point 4.7 b (new)
Annex II – Part 4 – point 4.7 b (new)
4.7 b. Technical specifications for plug location standard onboard vessels where applicable.
Amendment 66 #
2021/0213(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) As a general principle, Member States should apply to energy products and electricity levels of taxation not less than the minimum levels of taxation as set out by the Directive., maintaining the level playing field between Member States whilst safeguarding the competitiveness of the EU economy. Member States wish to introduce or retain different types of taxation on energy products and electricity. To that end, Member States should be permitted to comply with the Union minimum taxation levels by taking into account the total charge levied in respect of all indirect taxes which they have chosen to apply (excluding VAT), as long as this does not negatively affect the level playing field between Member States.
Amendment 67 #
2021/0213(CNS)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The time-limited tax exemption for sustainable fuels is crucial to stimulate their uptake and use in the maritime sector. Since most of these fuels are still in early stages of development, more than ten years will be needed to make them become broadly available at scale. Accordingly, a potential extension of the tax exemption should be considered as part of a mid-term review in 2026 or 2027.
Amendment 77 #
2021/0213(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Energy products used as a motor fuel for certain industrial and commercial purposes and those used as heating fuel are normally taxed at lower levels than those applicable to energy products used as a propellant. Electricity should always be among the least taxed energy sources in view of fostering its use, notably in the transport sector. This is especially important for electricity provided to vessels at berth (OPS). To that purpose, Member States should endeavour to apply the same level of taxation to electricity used to charge electric vehicles as for heating purposes during the necessary time following the entry into force of this Directive. Member States should also permanently exempt electricity provided to vessels at berth.
Amendment 92 #
2021/0213(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The Union and the Member States have concluded multilateral agreements regarding air services and air transport, or bilateral agreements with third countries. Those agreements include provisions related to the taxation of aviation fuel. Aviation fuel has traditionally had a privileged tax regime. The need to pursue the objectives of the Directive requires that, without prejudice to those international agreements, energy products and electricity supplied for intra-EU air navigation, except cargo-only flights should be taxed. The exemption for the fuel used by cargo-only flights is still needed in the absence of more efficient alternatives. The same is true of shipping, which is one of the most energy-efficient modes of transport, and key to ensuring European connectivity. Short-sea shipping within the EU is especially important in maintaining links between islands and remote regions and the European mainland.
Amendment 99 #
2021/0213(CNS)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Given the international character of shipping, a global market-based measure would be the most suitable and effective option. The European Union should therefore further increase the pressure on the International Maritime Organization (IMO) to make progress on the development of such a global market- based measure. Overall, EU initiatives addressing emissions from shipping should be compatible with IMO efforts in order to avoid carbon leakage and leakage of business to ports outside Europe. Accordingly, alignment with a market-based measure developed in the IMO should be closely examined as a means of addressing potential negative impacts of this Directive.
Amendment 101 #
2021/0213(CNS)
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) The Energy Taxation Directive (XXXX-XXX) should help promote the deployment and use of shore side electricity (SSE) in line with requirements set out in the proposal for a Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation), and the proposal for Regulation XXXX-XXX (FuelEU Maritime) by giving a permanent tax exemption at the Union level. This would be a cost effective mean to boost the uptake of shore side electricity (SSE). An exemption at EU-level would create a level playing field in the maritime sector, especially between ports in the Member States.
Amendment 103 #
2021/0213(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) FAccording to the polluter pays principle, fuel used for waterborne navigation, including fishing, should also be taxed, and the. When doing so, the international character of shipping and the size of the vessel bunkers, making it possible for shipping to bunker big quantities outside the European Union, should be taken into account. Member States party to international agreements providing for the exemption of that fuel, have to, by the date of the application of this Directive, ensure they eliminate the incompatibilities over time. It is necessary to allow for a different level of taxation to be applied to the use of energy products and electricity for intra- EU waterborne regular service navigation, fishing and freight transport and their respective at berth activities. Considering the specificity of those uses, the minimum levels of taxation should be lower than the ones applicable to general motor fuel use. In order to provide an incentive to the use of sustainable alternative fuels and electricity, such fuels and electricity should be exempted from taxation for ten yearsat least ten years. The direct supply of electricity to vessels at berth should be permanently exempt from taxation across the Union. Energy products and electricity used for the remaining intra-EU waterborne navigation should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States.
Amendment 113 #
2021/0213(CNS)
Proposal for a directive
Recital 24
Recital 24
(24) ForThe taxation of extra-EU air navigation, without prejudice to international obligations, and for extra-EU waterborne navigation, including fishing, Member Statshould be reviewed in line with the progress may exempt or apply the same levels of intra-EU taxation, according to the type of activityde on the availability and use on alternative fuels as well as in the development of a global market-based measure in the IMO.
Amendment 116 #
2021/0213(CNS)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Evasive port calls at, and bunkering in, ports outside the EU could seriously jeopardise the effectiveness of this Directive, as it would not reduce total shipping emissions nor generate tax revenues for Member States. It could even increase overall emissions, in particular when evasion leads to longer voyages. Before the entry into force of this Directive, the Commission should carry out an impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts of introducing taxation on marine fuels used for waterborne navigation in the EU on the effective reductions of shipping emissions and the application of the polluter pays principle. This should be done by calculating the possible impact on ship calls in the EU, the EU bunker market and the business of the main EU bunkering ports and possible rerouting of maritime traffic to avoid the taxation of bunkers. Such a dedicated impact assessment is a precondition for this Directive to be implemented as intended. If the impact assessment finds that there is indeed a risk of a negative impact on the maritime sector and ports, without a positive impact on reducing emissions from shipping, the Commission should propose measures to prevent such negative effects and to ensure the effectiveness of this Directive. Furthermore, a gathered impact assessment investigating the effect of all Fit for 55proposals that address and/or affect the maritime sector and ports on emissions reductions and competitiveness should also be carried out.
Amendment 184 #
2021/0213(CNS)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. For the purpose of this Directive, the consumption for energy products supplied for use as fuel to vessels shall only include the share of total fuels bunkered which is used during voyages falling under the scope of Articles 15 and 21.
Amendment 203 #
2021/0213(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 221 #
2021/0213(CNS)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
As from 1 January 2023 , the minimum levels of taxation applicable to electricity shall be fixed as set out in Table D of Annex I with the exception of electricity used directly for charging electric vessels as set out in Article 15.
Amendment 242 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. Without prejudice to Article 5, Member states shall apply, as a single use, under fiscal control not less than minimum levels of taxation as set out in Tables B and D of Annex I to energy products supplied for use as fuel to vessels, and to electricity used directly for charging electric vessels, for the purposes of intra-EU waterborne regular service navigation, fishing and freight transportOver a transitional period of ten years, minimum rates of zero shall apply to sustainable biofuels and biogas, low- carbon-fuels, renewable fuels of non- biological origin, advanced sustainable biofuels and biogas and electricity. An extension of the exemption shall be considered as part of a mid-term review in [2026/2027].
Amendment 243 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 a (new)
Article 15 – paragraph 1 – subparagraph 1 a (new)
For the purposes of this Article, ‘intra-EU waterborne navigation’ shall mean the fuel consumed during navigation between two ports located in the Union, including domestic navigation.
Amendment 244 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 b (new)
Article 15 – paragraph 1 – subparagraph 1 b (new)
For the purposes of Articles 15 and 22, ‘passenger ship’ means a ship that carries more than 12 passengers, including but not limited to cruise ships, high speed passenger crafts, and ships with facilities to enable road or rail vehicles to roll on and roll off the vessel.
Amendment 245 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 c (new)
Article 15 – paragraph 1 – subparagraph 1 c (new)
For the purposes of this Article, ‘freight transport’ shall mean a scheduled or non- scheduled service performed by vessel carrying revenue loads other than revenue passengers, excluding voyages carrying one or more revenue passengers and voyages listed in published timetables as open to passengers.
Amendment 246 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 248 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 3
Article 15 – paragraph 1 – subparagraph 3
Amendment 252 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 4
Article 15 – paragraph 1 – subparagraph 4
Amendment 254 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 5
Article 15 – paragraph 1 – subparagraph 5
Amendment 255 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 6
Article 15 – paragraph 1 – subparagraph 6
Amendment 258 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 260 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Electricity produced on board a vessel shall be exempted from taxation unless generated by fossil marine fuels asset out in Annex 1, Table A.
Amendment 263 #
2021/0213(CNS)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Member States may apply under fiscal control total or partial exemptions to electricity directly supplied to vessels berthed in portElectricity directly supplied to vessels berthed in ports shall be fully and permanently exempted from taxation in all Member States.
Amendment 323 #
2021/0213(CNS)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
Amendment 324 #
2021/0213(CNS)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. For the purpose of applying Article 15(1), taxation as set out in Tables B and D of Annex I applied to energy products supplied for use as fuel to vessels shall be levied on a share[10%] of total fuels bunkered reflecting the share of fuels used for intra-EU waterborne navigation. The Commission shall establish the exact share to be subject to taxation for the different types of maritime transport through an implementing act. This calculation shall rely on average fuel consumption for intra-EU voyages, as per Regulation 2015/757, and reported in THETIS-MRV.
Amendment 337 #
2021/0213(CNS)
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in order to develop a robust and harmonised approach to, and application of, the taxation of marine fuels used in intra-EU waterborne navigation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. When establishing by means of implementing acts the relevant tax regime, the Commission should take into account the views of maritime stakeholder and relevant national authorities in Union Member States in order to ensure a level playing field and the competitiveness of the EU maritime sector, whilst minimising administrative burden.
Amendment 339 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph -1 (new)
Article 31 – paragraph -1 (new)
Before the entry into force of this Directive, the Commission shall carry out a impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts and risk of tankering and evasion to ports outside the EU. If the impact assessment finds that there is indeed a risk of a negative impact on the maritime sector and ports, without a corresponding positive contribution to lower shipping emissions and the Green Deal ambitions/without an impact on the use of conventional fuel by shipping, the entry into force of Article 15 of this Directive shall be delayed until 2026 The Commission shall by then propose measures to prevent such negative effects and to ensure the effectiveness of the Directive. Alignment with a market-based measure developed in the IMO shall be closely examined as a means of addressing potential negative impacts of the Directive.
Amendment 340 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Every five years and for the first time five years after 1 Januaryin 2023,6 the Commission shall submit to the Council a report on the application of this Directive.
Amendment 347 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum levels of taxation, consider potential extensions of taxation exemptions provided to low- carbon fuels in light of the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport and the justifapplication ofor the exemptions for electricity outlined in Article 15, reductions and differentiations laid down in this Directive. The report shall take into account the proper functioning of the internal market, environmental and social considerations, including the impact of this Directive on carbon leakage and competitiveness through evasive action, the real value of the minimum levels of taxation and the relevant wider objectives of the Treaties.
Amendment 351 #
2021/0213(CNS)
Proposal for a directive
Article 33 – subparagraph 2 a (new)
Article 33 – subparagraph 2 a (new)
Article 15 shall apply from ... [date to be inserted].
Amendment 45 #
2021/0211(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In 2013, the Commission adopted a strategy for progressively integrating maritime emissions into the Union's policy for reducing greenhouse gas emissions. As a first step in this approach, the Union established a system to monitor, report and verify emissions from maritime transport in Regulation (EU) 2015/757 of the European Parliament and of the Council47 , to be followed by the laying down of reduction targets for the maritime sector and the application of a market based measure. In line with the commitment of the co- legislators expressed in Directive (EU) 2018/410 of the European Parliament and of the Council48 , action by the International Maritime Organization (IMO) or the Union should start from 2023, including preparatory work on adoption and implementation of a measure ensuring that the sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement and due consideration being given by all stakeholders. These actions should avoid creating carbon leakage, and should take due consideration of the competitiveness of the European maritime industry, in particular the competitive position of EU ports. _________________ 47Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55). 48Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
Amendment 46 #
2021/0211(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement in line with the principle of the polluter pays. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not be sufficient to achieve the objectives of the Paris Agreement. Given the international character of shipping, a global market- based measure would be the most suitable and effective option. The European Union should therefore further increase the pressure on the International Maritime Organization (IMO) to make progress on the development of such a global market- based measure. Overall, EU initiatives addressing emissions from shipping should be compatible with IMO efforts in order to avoid carbon leakage and leakage of business to ports outside Europe.
Amendment 48 #
2021/0211(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Evasive port calls at neighbouring non-EU ports could seriously jeopardise the effectiveness of the maritime ETS, as it would not reduce total shipping emissions. It could even increase overall emissions, in particular when evasion leads to longer voyages. Possible evasive action must be avoided and the polluter pays-principle upheld. To that end, possible measures could include considering the evasive call to/from a non-EU neighbouring port as a call to an EU port when calculating the emissions falling under this Directive. To that effect, the scope of voyages to be reported in the EU MRV Regulation (EU)2015/757 should be expanded to include a requirement to report entire voyages involving these neighbouring ports.
Amendment 51 #
2021/0211(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. Unlike maritime transport, the risk of evasive behaviour is very limited in case of air transport. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting. Such an approach is however not tackling sufficiently the risk of evasive port calls and, the risk of delocalisation of transhipment activities outside the Union, as well as the possible negative impact on connectivity of EU ports. Furthermore, the definition of port call applied in the EU ETS Directive and in Regulation (EU) 2015/757should consider the risk of carbon and business leakage arising from the implementation of a regional ETS. Accordingly, the definition of port call must account for, and help prevent, vessels evading the EU ETS through evasive port calls on ports in countries neighbouring the EU. To that end, a port call must include a significant transfer of cargo from one vessel to another for the purposes of transhipment, or significant bunkering. To ensure a smooth inclusion of the sector in the EU ETS and considering the developments at global level, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. _________________ 49 Paris Agreement, Article 4(4).
Amendment 57 #
2021/0211(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) To avoid the negative impacts in terms of emission reduction and competitiveness of a regional measure, Directive 2003/87/EC should find solutions to limit the risk of carbon leakage linked to rerouting and evasion calls, as well as recognise and mitigate the possible negative impacts of such a regional system on the competitiveness and connectivity of ports in Europe, as well as the possible negative impact on the modal split;
Amendment 60 #
2021/0211(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. In its report, the Commission should include proposals as appropriate. the event that a global market-based measure has been adopted at IMO level leading to greenhouse gas emission reductions which are in line with the Paris agreement and have an equivalent impact to the Union measures, the Commission should review the Union measures to avoid the creation of a double burden and align the Union measures with the global measure, in view of achieving an effective instrument to boost the greening of the shipping sector.
Amendment 61 #
2021/0211(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Before the entry into force of the provisions of Directive 2003/87/EC in relation to maritime transport activities, the Commission should make a full impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts and risk of these provisions on carbon leakage, moves of calls and port business to ports outside the EU, connectivities of ports in Europe and where relevant on the modal shift. Such a dedicated impact assessment is a precondition for the EU ETS to work as intended. If the impact assessment finds that there is indeed a risk of a negative impact on the maritime sector and ports, the Commission shall propose measures to prevent such negative effects and to ensure the effectiveness of the EU ETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means of addressing potential negative impacts of a regional ETS scope. Furthermore, a gathered impact assessment investigating the effect of all Fit for 55 proposals that address and/or affect the maritime sector and ports on emissions reductions and competitiveness should also be carried out.
Amendment 64 #
2021/0211(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to reduce the administrative burden on shipping companies, one Member State should be responsible for each shipping company. The Commission should publish an initial list of shipping companies that performed a maritime activity falling within the scope of the EU ETS, which specifies the administering authority in respect of each shipping company. The list should be updated at least every two years to reattribute shipping companies to another administering authority as relevant. For shipping companies registered in a Member State, the administering authority should be that Member State. For shipping companies registered in a third country, the administering authority should be the Member State in which the shipping company had the greatest estimated number of port calls from voyages falling within the scope of Directive 2003/87/EC in the last two monitoring years. For shipping companies registered in a third country and which did not perform any voyage falling within the scope of Directive 2003/87/EC in the last two monitoring years, the administering authority should be the Member State from where the shipping company started its first voyage falling within the scope of that Directive. The Commission should publish and update on a biennial basis a list of shipping companies falling within the scope of Directive 2003/87/EC specifying the administering authority for each shipping company. In order to ensure equal treatment of shipping companies, Member States should follow harmonised rules for the administration of shipping companies for which they have responsibility, in accordance with detailed rules to be established by the Commission. These rules must abide by the principle of polluter pays. The expected effects of attribution on the allocation of revenues to individual Member States should be modelled and clearly accounted for, especially since only a third of vessels calling on ports in the EU fly a flag of an EU Member State.
Amendment 72 #
2021/0211(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. For the EU ETS to serve its stated aim of lowering emissions and enabling decarbonisation, a substantial share of the EU ETS revenues generated by the maritime sector or the equivalent amount should be used to enable the decarbonisation of the maritime sector and ports in the EU.
Amendment 107 #
2021/0211(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels and the associated infrastructure, such as hydrogen and ammonia that are produced from renewables, provision of shore-side electricity, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that a share of these revenues flows help fund the necessary infrastructure investments supply in European ports. The Commission should also give due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 115 #
2021/0211(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important elementcould help to trigger emission reductions in industry, offering the opportunity to guarantee investors in infrastructure and innovative climate- friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to a limited number of pilot and innovative projects through price- competitive tendering, such as CCDs. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support, which should ensure significant environmental gains from any potential use of ETS revenues for such CCDs, and avoid hindering innovation and the development of future alternative fuels through bridging the price gap between fossil fuels and existing alternative fuels. To avoid misallocation of limited resources, and to support technology- neutral maritime decarbonisation without creating market distortions, the potential use of CCDs should be limited to supporting innovative pilot projects and the deployment of port infrastructure.
Amendment 176 #
2021/0211(COD)
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority, along with information on port calls in countries neighbouring the EU including information on cargo transfers and/or bunkering operations as provided in the bill of lading. The EU MRV reporting requirements should also include reporting on the emissions from all legs of voyages involving these ports. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2 emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 186 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – Paragraph 1 a (new)
Article 3g – Paragraph 1 a (new)
1 a. For the allocation of allowances and the application of the requirement to surrender allowances in accordance with Paragraph 1, ports in countries adjacent to and/or connected by the same sea basin as an EU Member State shall be reported in the same manner as ports falling under the jurisdiction of a Member State. Vessels that are demonstrably engaged in regional short sea connectivity between the EU and ports in countries adjacent to and/or connected by the same sea basin as an EU Member State and their respective hinterlands shall be exempted from this requirement.
Amendment 189 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g –Paragraph 1 b (new)
Article 3g –Paragraph 1 b (new)
1 b. Countries neighbouring the Union that have struck bilateral agreements to address emissions from voyages involving their ports under the EU ETS and the Energy Taxation Directive are excluded from Paragraph 1b [which sets out the scope of the ETS].
Amendment 199 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd Paragraph 2a (new)
Article 3gd Paragraph 2a (new)
(ba) in Article 3gd, the following paragraph is added: '2a.The expected effects of attribution on the allocation of revenues to individual Member States shall be modelled and clearly accounted for.
Amendment 202 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 3ge
Paragraph 2a
in Article 3ge, the following paragraph is added: '2a. By 2023 / before the entry into force of the provisions outlined in Chapter II entitled “Aviation and Maritime Transport”, the Commission shall make a full impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts and risk of these provisions on carbon leakage, moves of calls and port business to ports outside the EU, connectivities of ports in Europe and where relevant on the modal shift. Negative impacts identified by this assessment shall be addressed by the Commission through amendments to this Chapter and other provisions relevant to the maritime EU ETS. Alignment with a market-based measure developed in the IMO shall be closely examined as a means to address potential negative impacts.
Amendment 203 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – Paragraph 1
Article 3ge – Paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport to ensure a global approach. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate. in order to align EU legislation with measures taken on the global level. By 2023/Before the entry into force of the provisions outlined in Chapter II entitled “Aviation and Maritime Transport”, the Commission shall make a full impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts and risk of these provisions on carbon leakage, delocation of calls and port business to ports outside the EU, connectivities of ports in Europe and where relevant on the modal shift. Negative impacts identified by this assessment shall be addressed by the Commission through amendments to this Chapter and other provisions relevant to the maritime EU ETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means to address potential negative impacts.
Amendment 205 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge - Paragraph 2
Article 3ge - Paragraph 2
2. The Commission shall monitor the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive. If appropriate, the Commission shall propose measures to prevent such avoidance.;carry out a comprehensive impact assessment on the gathered risk of evasion and its impact on emissions and competitiveness of the EU maritime sector resulting from the Fit for 55-package. The Commission shall also monitor and evaluate the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive [6 months, 1 year] after its entry into force. Such trends can include, but are not limited to; a [clear] decrease in transhipment calls being made on ports in the Union, a noticeable increase in voyages coming from ports neighbouring the EU, an increase of port calls from feeder vessels, an overall decrease in port traffic in ports in the EU. If and when such trends have been established, the Commission shall propose measures to prevent such avoidance. This could include a revision of the design of the maritime EU ETS, including adjustments to the scope, and provision of financial support to maritime stakeholders, especially ports, who have been disproportionally affected. In order to effectively monitor the impact of the EU ETS and other relevant legislation [EU Energy Taxation Directive] on the maritime sector, the European Commission should benchmark the competitive standing of the EU maritime sector before the implementation of the maritime EU ETS, and evaluate its impact [6months, 1 year] after its entry into force.
Amendment 315 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 1
Article 10 a – paragraph 8 – subparagraph 1
8. 365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes enabling the deployment of alternative fuels infrastructure, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
Amendment 316 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2
Article 10 a – paragraph 8 – subparagraph 2
In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU(*), and shall be used in a timely manner for innovation support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEU Maritime] shall be allocated to the Innovation Fund andwhere a substantial share of these revenues shall flow back to ports with the remainder implemented in line with this paragraph.
Amendment 323 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may alsoshall support break- through innovative technologies and infrastructure to decarbonise the maritime sector and forwhere a substantial share of the EU ETS revenues generated by the maritime ETS, or an equivalent amount, shall be used to enable the decarbonisation of the sector. The Innovation fund may also support the production of low- and zero- carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 441 #
2021/0211(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Regulation applies to ships above 5 000 gross tonnage in respect of CO2 emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. This Regulation also applies to ships arriving or departing from a port under the jurisdiction of a Member State to or from a port in a country neighbouring the EU/ports in countries in the same sea basin as an EU Member State. Voyages from countries neighbouring the Union that have struck bilateral agreements to address emissions from voyages involving their ports are not included.
Amendment 442 #
2021/0211(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
‘port of call’ means the port where a ship stops to load or unload a substantial share of total cargo, to refuel, or to embark or disembark passengers; consequently, stops for the sole purposes of obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 443 #
2021/0211(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
Based on the monitoring plan assessed in accordance with Article 13(1), for each ship arriving in or departing from, and for each voyage to or from, a port under a Member State's jurisdiction, companies shall monitor in accordance with Part A of Annex I and Part A of Annex II the following parameters: (a) port of departure and port of arrival including the date and hour of departure and arrival; (b) amount and emission factor for each type of fuel consumed in total; (c) CO2 emitted; (d) distance travelled; (e) time spent at sea; (f) cargo carried, including share of cargo being transhipped as per the bill of lading; (g) transport work. Companies may also monitor information relating to the ship's ice class and to navigation through ice, where applicable.
Amendment 314 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at bin a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757e jurisdiction of a Member State which is securely moored at the main berth/terminal, where it is loading and unloading and/or embarking/disembarking passengers, including the time spent when not engaged in these cargo/passenger operations; in case of cruise vessels, hoteling is included;
Amendment 319 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side fixed, floating and mobile installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;.
Amendment 395 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. FAs soon as possible and at the latest from 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member State shall connect to on- shore power supply and use it for all electrical energy needs while at berth.
Amendment 419 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) that are at berth for less than two hours, calculated on the basis of estimated hour of departure and arrival monitored in accordance with Article 14;
Amendment 426 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) that are unable to connect to on- shore power supply due to unavailable connection points in a portat berth, including due to a (temporary) lack of grid capacity, including during (seasonal) peak power demands by vessels at berth;
Amendment 431 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point d a (new)
Article 5 – paragraph 3 – point d a (new)
(d a) that are unable to connect to on- shore power supply due to unavailable connection points in a maritime port which does not belong to the TEN-T core or comprehensive network, or when the port is located on an island or in an outermost region in accordance with Article 9(3) of AFIR (islands exemption);
Amendment 436 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
(e) that are unable to connect to on- shore power supply because the shore installation at the port is not compatible with the on-board on-shore power equipmenfrequency used by the onboard on-shore power equipment is not compatible with the frequency used by the grid and shore installation at the port;
Amendment 449 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. At that stage, incompatibilities between the shore-side electricity (SSE) installation onboard and shore-side electricity in ports should not be considered as failures by the port to supply SSE. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it has made significant efforts to establish whether a connection can be made, and that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).
Amendment 454 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Ship operators shall inform/consult the port managing body and/or where relevant the terminal operator and/or competent authority in due time about the current and future demand for shore-side electricity supply and/or any of equivalent technologies foreseen in Annex III of this Regulation, and where relevant, the demand for LNG and or any substantial changes in such demand; Port managing bodies, or where relevant, the terminal operator or the competent authority, shall coordinate with the ship operators about the technical specifications for shore-side electricity (SSE), the standardisation of shore-side electricity installations onboard and potential incompatibilities between the shore-side electricity provided at berth and the shore-side electricity installations onboard vessels, and where relevant, the possible use of other equivalent technologies specified in Annex III. Ship operators shall provide all information available about the power needed during a certain call at berth, in particular when the needs exceed the estimated power needs for such a vessel.
Amendment 590 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC and should be used to promote the distribution and use of renewable fuels and technologies in the maritime sector. Penalty revenues resulting from failure to connect to SSE should be partially used to finance investments in shore-side electricity in ports. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.
Amendment 674 #
2021/0210(COD)
Proposal for a regulation
Annex III – table – row 4
Annex III – table – row 4
On-board Electricity Storage The use of on-board electricity storage is allowed irrespective on the source of energy that produced the stored power (on-board generation or on-shore in case of or on-shore in case of battery swapping).
Amendment 679 #
2021/0210(COD)
Proposal for a regulation
Annex III – paragraph 3
Annex III – paragraph 3
The use of these zero-emission technologies shall continuously achieve emissions that are equivalent to the emissions reductions that would be achieved by using on-shore power supply. This list is not exhaustive and can be expanded with any new ‘zero-emission technologies’ that meet the characteristics defined in Article 3(g).
Amendment 54 #
2021/0201(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to enhance greenhouse gas removals, individual farmers orand forest managowners need a direct incentive to store more carbon on their land and their forests. N, in their forests and in carbon storage products. Forest owners need to be encouraged to implement sustainable forest management practices. Increasing carbon sinks by planting trees and plants, as well as local European food production requires an increasing amount of sustainably sourced natural resources, such as growing media constituents. This Regulation should take into account the fact that securing the production of these materials is essential for the Union’s food security and forestation targets. As outlined in the Communication of the Commission of 15 December 2021 on Sustainable Carbon Cycles1a, new business models based on carbon farming incentives and on the certification of carbon removals need to be increasingly deployed in the period until 2030. Such incentives and business models will enhance climate mitigation in the bio- economy, including through the use of durable harvested wood products and through substitution of non- biodegradable fossil-based raw materials, in full respect of ecological principles fostering biodiversity and the circular economy. Renewable bio-based materials and products contribute to the circular bio economy by acting as substitutes for non- biodegradable fossil-based options other options with a higher environmental footprint in industries such as construction, textiles, chemicals and packaging. Hence, new categories of all carbon storage products, including new innovative solutions, should be introduced in addition to the harvested wood products. The emerging business model, considering the variety of other product groups and high value-added products with a long-life cycle created and contributing to carbon sequestration and their carbon capture capacity throughout the product life cycle to promote voluntary carbon market measures being taken in the land use sector. The emerging business models, further development of bio-energy with carbon capture and storage (BECCS) technologies, farming and land management practices to enhance removals contribute to a balanced territorial development and economic growth in rural areas. They also create opportunities for new jobs and provide incentives for relevant training, reskilling and upskilling. __________________ 1a Communication from the Commission to the European Parliament and the Council of 15 December2021 - Sustainable Carbon Cycles (COM(2021) 800 final).
Amendment 2 #
2021/0039(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure consistency with the transitional measures applicable to certificates of qualification issued by Member States, it is appropriate to clarify that certificates of qualification issued by a third country in exchange for the certificates covered by the transitional arrangements should be valid on all Union inland waterways, on the condition that the third country concerned has been granted recognition in accordance withas regards third country certificates, the identical requirements referred to in Article 10(3) of Directive (EU) 2017/2397 and thatalso include the requirements for the exchange applied by that third country have been found to be identical to those provided for byof the existing certificates set out in Article 38(1) and (3) of that Directive with regard to the Member States.
Amendment 4 #
2021/0039(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In accordance with Article 39(4) of Directive (EU) 2017/2397, Member States where inland waterway navigation is not technically possible are not obliged to transpose that Directive. The same derogation should apply to this Directive.
Amendment 5 #
2021/0039(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
The following paragraphs 7 and 8 are added to Article 38 of Directive (EU) 2017/2397 is amended as follows:
Amendment 6 #
2021/0039(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 (new)
Article 1 – paragraph 1 – point 1 (new)
Directive (EU) 2017/2397
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 7 #
2021/0039(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
(2) In Article 38, the following paragraph 7 is added: ‘7. Until 17 January 2032, Member States may continue to recognise, on the basis of national Member State’s requirements establishedor international agreements applicable before 16 January 2018, certificates of qualification, service record books and logbooks that have been issued by a third country before 18 January 20234. The recognition shall be limited to the inland waterways on the territory of the Member State concerned.’
Amendment 8 #
2021/0039(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive (EU) 2017/2397
Article 38 – paragraph 8
Article 38 – paragraph 8
Amendment 9 #
2021/0039(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2 a (new)
Article 2 – paragraph 1 – subparagraph 2 a (new)
The derogation laid down in Article 39(4) of Directive 2017/2397 shall apply accordingly.
Amendment 5 #
2020/2071(INI)
Draft opinion
Recital A
Recital A
A. whereas the problem of medicine shortages in the Member States is gettrowing ever more severe on account ofdue the lack of production capacity in the EU and the relocation of our industries in the sector to other markets in third countries;
Amendment 10 #
2020/2071(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas uncoordinated initiatives at national level, such as stockpiling and penalties, could lead to an increased risk of medicines shortage, while a pan- European coordinated approach and a close dialogue among all actors concerned is crucial to mitigate and prevent medicines shortage, as the covid- 19 crisis has demonstrated;
Amendment 10 #
2020/2071(INI)
Draft opinion
Recital B
Recital B
B. whereas transport and logistics management are of crucial importance for the supply of medicine, pharmaceutical products, medical equipment, personal protective equipment, other medical supplies and raw materials, not least given the increasing degree of complexity of the transport chain, and whereas it is important to have efficient crossing green lane borders with fast track lanes in order to ensure the unobstructed flow of medicines;
Amendment 20 #
2020/2071(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. Whereas is fundamental to prevent medicine shortages, as well as to mitigate them in case they occur; shortages of medicines are a symptom of unsustainable policies, abundant scientific evidence demonstrates that medicines shortages have numerous root causes: specifically economic causes, increasing regulatory burden, unforeseen surges in demand, supply chain interdependencies and manufacturing and quality challenges;
Amendment 29 #
2020/2071(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. Whereas after the pandemic a global economic crisis is expected, this will challenge even more equitable access to medicines and competitiveness of industrial sector;
Amendment 31 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to enhance theirComission to coordinate with Member States a strategy for a cooperation in order to improve the distribution chain through better visibility and efficient monitoring, particularly on cross-border routes, and to establish corridors where medical supplies have priority of delivery;
Amendment 41 #
2020/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that boosting the industrial production of the Member States through favourable economic conditions in the context of national fiscal policie, social and environmental conditions would lead to a more efficient and sustainable logistics network, while reducing the length of transport routes, thereby reducing emissions, mitigating the impact on the environment, and improving the functioning of the internal market;
Amendment 45 #
2020/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to work in coordination with the Member States in order to adopt strategic plans to upgrade their existing infrastructure for an efficient supply of medicines with a better use of all transport modes; deems it necessary to remove bottlenecks, boost intermodality (while favouring the shift to rail), finance the main hubs (ports, airports and intermodal platforms), and enhance the delivery of various types of goods, including dangerous goods crucial for the production of the chemical and pharmaceutical industry;
Amendment 52 #
2020/2071(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the importance of IT systems in facilitating the exchange of information between the various actors involved in the transport logistics chain, including the customs authorities, with a view to optimising the distribution of medicines in the Member States and planning supply times more efficiently; calls on the Commission to develop mechanisms in cooperation with Member States in order to ensure a fast and safe transport of medicines; notes also the importance of having contingency plans that ensure the unobstructed transport of medicines when the transport sector is conditioned;
Amendment 53 #
2020/2071(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists that the Commission urgently launches a multi-stakeholder consultation to identify keyevidence-based drivers within the supply chain issuesand beyond that directly cause or increase the risk of medicine shortages; calls on the Commission to propose ambitious and concrete actions to address these issues in its planned pharmaceutical strategy;
Amendment 56 #
2020/2071(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to coordinate a Pan-European response, with European Medicines Agency (EMA), National Competent Authorities (NCAs), Member States, the pharmaceutical industry and all players in the pharmaceutical supply chain; a coordinated EU response is of utmost importance to coordinate Members States policy measures to individual and uncoordinated national measures to address medicines shortages root causes and prevent them in the long term as well as to ensure the right of patients to universal, equitable, affordable, effective, safe and timely access to essential medicines, as well as to guarantee the sustainability of the EU public healthcare systems;
Amendment 67 #
2020/2071(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of catering to specific transport needs at local and regional levels, particularly in rural, mountain and insular, insular and outermost regions areas that are more difficult to access and involve higher delivery costs; notes that there are new automated delivery tools, such as via drones, available on the market that could help operators to access these areas;
Amendment 70 #
2020/2071(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to consider proposing requirements for the pharmaceutical industry to ensure that its supply chain is diversified andincentivize the pharmaceutical industry to put in place a medicine shortage risk mitigation plan for essential medicines to manage any vulnerabilities in and risks to the supply chain;
Amendment 71 #
2020/2071(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the COVID-19 outbreak has laid bare the weaknesses of the European production system,is highlighting the importance of delivering medicines swiftly in urgent and exceptional circumstances that could arise in the future; calls on the European Commission to prepare an agreement with drug- producing third countries, to ensure the transport of medicines overcoming any constraints that may occur, such as this case of the COVID pandemic.
Amendment 74 #
2020/2071(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to preserve a competitive research-based pharmaceutical industry taking into account that EU remains by far the world leader manufacturing region of active ingredients for on patent medicines;
Amendment 103 #
2020/2071(INI)
4. Encourages the Commission to propose measures, including financial incentives, to promote investments in green manufacturing for medicines value chain, within the EU, of strategically important chemicals used in medicine production; urges the Commission to also propose measures to incentivise the greater inclusion of EU small and medium-sized enterprises in the medicine supply chain given their key role in research and innovation and inherent ability to quickly adapt their production focus, with a view to coping better with unexpected shocks;
Amendment 109 #
2020/2071(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that ensuring a fit for purpose regulatory environment is a key element to protect public health, provide access to high quality medicines and contribute to the prevention of shortages. The adequate use of Information Technology systems will improve regulatory efficiency across Europe; therefore, the Commission should optimize the European regulatory framework by harmonising regulatory telematics projects with a focus on data quality, interoperability and interdependency;
Amendment 129 #
2020/2071(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. In order to support Member States in the prevention of medicine shortages, calls on the Commission to develop targeted EU Guidelines on procurement of medicines by putting in place the right economic framework, under the EU public procurement Directive 2014/24/EU, aimed at ensuring long term sustainability, competition, security of supply and stimulating investments in manufacturing;
Amendment 135 #
2020/2071(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 147 #
2020/2071(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the Commission and relevant authorities, in the mitigation of shortages of medicines, when they occur, to provide regulatory flexibility by allowing targeted measures such as more flexibility for multi-language packs, different pack size and e-leaflet, to ensure that patients are able to access high- quality and safe medicines faster;
Amendment 5 #
2020/2044(INI)
F. whereas of the 1 357 petitions submitted in 2019, 938 were declared admissible, 406 were declared inadmissible and 13 were withdrawn; whereas the relatively high percentage (30 %) of inadmissible petitions in 2019 reveals that there is still a widespread lack of clarity about the EU’s fields of activity; in this sense, it is necessary to address this problem with information campaigns dedicated to clarifying the competences of the Union as well as the procedure for submitting petitions to the European Parliament;
Amendment 27 #
2020/2044(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas the media play a key role in any democratic system and provide more transparency to the process of the Committee on Petitions; whereas a quality press is an essential element for the whole European Union; whereas there is some confusion in some European media in relation to the role and powers of the Committee on Petitions;
Amendment 34 #
2020/2044(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls the important role of the Committee on Petitions in defending and promoting the rights of EU citizens and residents, ensuring that petitioners’ concerns and complaints are examined in timely fashion and, wherever possible, resolved, through an open, democratic and transparent petition process; and avoiding a biased or politicised response to the petitioners;
Amendment 41 #
2020/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasizes the importance of a continuous public debate on the Union’s fields of activity aimed at informing citizens about the scope of the Union’s competences and the different levels of decision-making, in order to reduce the number of inadmissible petitions; proposes information and training campaigns in the European Union be stepped up to ensure that EU citizens have better knowledge of the EU’s competences and to clarify the role of the Committee on Petitions among the public opinion;
Amendment 51 #
2020/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Proposes to carry out campaigns and outreach events targeting journalists and the media in order to prevent vague information and thus improve the relationship between the Committee on Petitions and the media; underlines that the media plays a key role in reaching out to European citizens concerning the day- to-day work of the Committee on Petitions and can contribute through their activity to improving the knowledge that European citizens have about the work of the Committee on Petitions; stresses that it is the EU’s task to encourage European citizens to receive accurate information;
Amendment 55 #
2020/2044(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that petitions offer the opportunity to the European Parliament and other EU institutions to maintain a direct dialogue with EU citizens who are affected by the misapplication of EU law; becoming the entrance door of citizens in the European institutions; stresses the need for enhanced cooperation between the EU institutions and national, regional and local authorities on inquiries regarding implementation of and compliance with EU law;
Amendment 70 #
2020/2044(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission to commit to a more active involvement in the Committee on Petitions in order to ensure that petitioners receive a precise response to their requests and complaints regarding with the implementation of EU law;
Amendment 87 #
2020/2044(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Draws attention to the large number of petitions on Brexit submitted in 2019, mostly calling for the protection of EU citizens’ rights before and after Brexit; welcomes the excellent work done by the Committee on Petitions, which by giving voice to the concerns raised by these petitioners contributed to ensuring that citizens’ rights remained one of Parliament’s main priorities in the Brexit negotiations; stresses that there are many citizens – both in the EU and in the United Kingdom – who, in view of the uncertainty of a no-deal Brexit, have turned to the Committee on Petitions because of the fear of seeing their rights in danger due to the lack of agreement;
Amendment 92 #
2020/2044(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Draws attention to the majority support that the Plenary of the European Parliament gave to the Resolution of the European Parliament, of 17 January 2019, on the strategic investigation OI / 2/2017 of the European Ombudsman on the transparency of legislative debates in the bodies preparations for the Council of the European Union; recalls that the Council, as co-legislator, is an indispensable institution for the citizens of the Union; regrets that there are still many closed-door discussions and meetings in this institution; invites the Council to implement a policy of greater transparency in order to thereby improve citizens' trust in public institutions; encourages it to give a greater diffusion to certain meetings and documents in order to achieve a better communication with European citizens and with national parliaments;
Amendment 96 #
2020/2044(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the ECI is an importantfundamental instrument for active citizenship and public participation; welcomes the adoption on 17 April 2019 of the new rules for the ECI, which bring a number of structural and technical improvements to make this instrument more user-friendly and accessible as well as to facilitate increased participation of EU citizens in the democratic process of the Union; notes the significant number of new ECIs registered by the Commission in 2019, which shows that citizens are seizing the opportunity to use participatory instruments to have a say in policymaking and lawmaking processes; calls for more dissemination campaigns on the role of the European Citizen Initiative to promote the use of this resource by European citizens and thus encourage their involvement in the democratic process of the Union;
Amendment 104 #
2020/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the Petitions Web Portal is an essential tool for ensuring a smooth, efficient and transparent petition process; welcomes, in this regard, its alignment with the ‘look and feel’ of the European Parliament’s website (Europarl), which has made the portal more responsive and accessible for citizens; stresses that efforts must be continued to make the portal more accessible to persons with disabilities in order to ensure that all citizens of the Union can exercise their right to petition the European Parliament contained in Article 20 and 24 of the TFEU and in Article 44 of the Charter of Fundamental Rights of the European Union;
Amendment 108 #
2020/2044(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines that the ePetitions instrument is an important database for the Committee to function, but calls for an improvement and modernization of the interface in order to make it easier and more accessible;
Amendment 92 #
2020/0374(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, the objective of this Regulation is to contribute to the proper functioning of the internal market by laying down rules to ensure contestability and fairness for the digital sector in general and for business users and end-- users of core platform services provided by gatekeepers in particular. Business users and end-users of core platform services provided by gatekeepers should be afforded appropriate regulatory safeguards throughout the Union against the unfair behaviour of gatekeepers in order to facilitate cross- border business within the Union and thereby improve the proper functioning of the internal market and to addresseliminate existing or likely emerging fragmentation in the specific areas covered by this Regulation. Moreover, while gatekeepers tend to adopt global or at least pan-European business models and algorithmic structures, they can adopt, and in some cases have adopted, different business conditions and practices in different Member States, which is liable to create disparities between the competitive conditions for the users of core platform services provided by gatekeepers, to the detriment of integration within the internal market.
Amendment 122 #
2020/0374(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Such thresholds can be impacted by market and technical developments. The Commission should therefore be empowered to adopt delegated acts to specify the methodology for determining whether the quantitative thresholds are met, and to regularly adjust it to market and technological developments where necessary. This is particularly relevant in relation to the threshold referring to market capitalisation, which should be indexed in appropriate intervals. The accuracy of the reported numbers of business users and monthly active users can be technically verified through independent audience measurement.
Amendment 175 #
2020/0374(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper maycan use different means to favour its own or third party services or products on its core platform servicean operating system it provides or effectively controls, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un-installing any pre-installed software applications on an operating system they provide or effectively control its core platform service and thereby favour their own or third party software applications. .
Amendment 197 #
2020/0374(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper and the information necessary, including non- aggregated data, for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers, or third parties authorised by publishers and advertisers to carry out their own independent verification of the provision of the relevant online advertising services.
Amendment 201 #
2020/0374(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to such data. Such access should also be given to third parties contracted by the business user, who are acting as processors or co-controllers of this data for the business user. For example, such parties can include providers of audience measurement metrics for the purpose of providing the market with impartial benchmarks on the use, effectiveness and reach of content viewed on gatekeepers' platforms. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users or authorised third parties from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. or if lawful under special exemptions, such as access to end-user’s data for audience measurement purposes. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
Amendment 425 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or through their own direct sales channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 439 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users and end users from raising issues with any relevant public authority relating to any practice of gatekeepers;
Amendment 490 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allow end users and business users to un-install any pre-installed software applications on its core platform servican operating system the gatekeeper provides or effectively controls as easily as any software application installed by the end user at any stage without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that the gatekeeper can prove are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 516 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with effective and real time access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; not retain payments for advertisements under the claims that traffic is irregular, without providing detailed evidence for that irregularity and giving the publisher the opportunity to raise objections;
Amendment 523 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide end users or third parties authorised by an end user, free of charge, with effective portability of data provided by the end user or generated through this or her activity of a business user or end user and shall, in particular,in the context of their use on the relevant core platform service, including by provideing tools for end users to facilitate the effective exercise of such data portability, in line with Regulation (EU) 2016/679, and including by the provision of continuous and real-time access ;
Amendment 530 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users and end users, or third parties authorised by a business user or end user, free of charge, in a user friendly manner with effective, high-quality, continuous and real-time access and use of aggregated orand non- aggregated data, based on the preference requested by the business users, or third parties authorised by a business user or several business users, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use, in full compliance with Regulation (EU) 2016/679 (GDPR), only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service in line with the principles of purpose limitation and data minimisation, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; or when access to such data is lawful under lex specialis exemptions;
Amendment 543 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) negotiate, on fair and non- discriminatory terms, for the use of third- party content on their core platform services, and participate in final offer arbitration, in good faith, if agreement cannot be reached.
Amendment 75 #
2020/0361(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, clear, effective and proportionate mandatory rules should be established at Union level. This Regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty, thus reducing uncertainty for developers and fostering interoperability. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
Amendment 78 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, orctivities or on the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 85 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable Union or national law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 89 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or, online marketplaces or search engines, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 98 #
2020/0361(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and, automatic and passive processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider or where the provider of the service promotes and optimises the content.
Amendment 99 #
2020/0361(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The exemptions from liability should also not be available to providers of intermediary services that do not comply with the due diligence obligations set out in this Regulation. The conditionality should further ensure that the standards to qualify for those exemptions contribute to a high level of safety and trust in the online environment in a manner that promotes a fair balance of the rights of all stakeholders.
Amendment 104 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expressions enshrined in the Charter of Fundamental Rights, including freedom of expression. Where the illegal content can cause significant public harm, the provider should assess and, when necessary, remove or disable access to that content within 24 hours and, in any case, not more than one hour after receiving a removal order from the competent authority. The provider can obtain such actual knowledge or awareness through, in particular, its periodic own- initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 107 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, unless they comply with a number of specific requirements set out in this Regulation, including the appointment of a legal representative in the Union, the implementation of notice and action mechanisms, the traceability of traders using their services, the provision of information on their online advertising and their recommender system practices and policy as well as transparency requirements towards the consumers as laid down in Directive 2011/83/EU. In addition, they should not be able to benefit from the exemption from liability for hosting service providers establishing in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 113 #
2020/0361(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent mannera diligent manner and accompanied by additional safeguards. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union or national law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
Amendment 116 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or neutral hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, or content delivery networks or providers of services deeper in the internet stack, such as IT infrastructure services (on-premise, cloud-based and or hybrid hosting solutions), that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service. Services deeper in the internet stack acting as online intermediaries could be required to take proportionate actions where the customer fails to remove the illegal content, unless technically impracticable.
Amendment 120 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact- finding obligation, or as a general obligation forimpeding upon the ability of providers to undertake proactive measures to relation to illegal contentidentify and remove illegal content and to prevent its reappearance.
Amendment 128 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and, by professional entities and by users of services which are under a specific relationship with the provider of intermediary services. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
Amendment 130 #
2020/0361(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Providers of intermediary services that qualify as small or micro enterprises within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to stablish collective representation under the guidance of the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative.
Amendment 131 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place easy to access and user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider shall assess the illegality of the identified content and, based on that assessment, can decide whether or not it agrees with that assessme notification for illegal content and wishes to remove or disable access to that content ('action'). In the event that the provider of hosting services assesses the notice of illegal content to be positive and thus decides to remove or disable access to it, it shall ensure that such content remains inaccessible after take down. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 137 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should prevent the reappearance of the notified illegal information. The provider should also inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 140 #
2020/0361(COD)
Proposal for a regulation
Recital 43
Recital 43
Amendment 144 #
2020/0361(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which must ensure human review and meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint- handling systems, by certified bodies that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner and within a reasonable period of time. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
Amendment 148 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content and are known to flag content frequently with a high rate of accuracy, that they represent collective interests and that they work in a diligent, objective and objeffective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry representing collective interests and of right- holders specifically created for that purpose could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions and ensure independent public interest representation. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 153 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 162 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned and by other intermediaries, such as advertising services, webhosting, domain name registrations, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 168 #
2020/0361(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising withat can have both an impact on the equal treatment and opportunities of citizens and on the perpetuation of harmful stereotypes and norms. Therefore, more transparency in online advertising markets and independent research needs to be carried out to assess the effectiveness of behavioural advertisements which could pave the way for stricter measures or restriction of behavioural advertising. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 171 #
2020/0361(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) Advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
Amendment 186 #
2020/0361(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly and separately present the main parameters for such recommender systems in an clear, concise, accessible and easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient, and shall not make the recipients of their services subject to recommender systems based on profiling by default.
Amendment 188 #
2020/0361(COD)
Proposal for a regulation
Recital 63
Recital 63
Amendment 213 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(b a) promote innovation and facilitate competition for digital services, while protecting users and consumers rights.
Amendment 214 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
(b b) stimulate the level playing field of the online ecosystem by introducing interoperability requirements for very large platforms.
Amendment 218 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
Article 1 – paragraph 5 – point i a (new)
(i a) Charter of Fundamental Rights of the European Union
Amendment 221 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union;, or in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as: where the provider targets its activities towards one or more Member States.
Amendment 222 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 223 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
Article 2 – paragraph 1 – point d – indent 2
Amendment 232 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation and govern themselves under specific terms and conditions.
Amendment 240 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system used by an online platform to suggest, rank and prioritise information in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 246 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients of the service upon their request, on condition that the provider:
Amendment 247 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the provider does not modify the information;
Amendment 248 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the provider complies with conditions on access to the information;
Amendment 249 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the provider complies with rules regarding the updating of the information, specified in a manner widely recognised and used by industry;
Amendment 250 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) the provider does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and
Amendment 252 #
2020/0361(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) the provider acts expeditiously to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.
Amendment 262 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Providers of intermediary services shall be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 when they do not comply with the due diligence obligations set out in this Regulation.
Amendment 267 #
2020/0361(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Providers of intermediary services shall ensure that voluntary investigations or activities are accompanied with appropriate safeguards, such as human oversight, to ensure they are transparent, fair and non-discriminatory.
Amendment 268 #
2020/0361(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
No general monitoring or active fact- finding obligations without undermining the obligation to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk
Amendment 284 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5 a. Providers of intermediary services that qualify as small or micro enterprises within the meaning of the Annex to Recommendation2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to stablish collective representation under the guidance of the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative.
Amendment 288 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they imposethe activities undertaken by them in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 291 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective, necessary and proportionate manner in applying and enforcing the restrictionactivities referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 317 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 323 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can identify and assess the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 324 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) where necessary, an explanation of the reasons why the individual or entity considers the information in question to be illegal content;
Amendment 330 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exactsuch as the URL or URLs, andor, where necessary, additional information enabling the identification of the illegal content;
Amendment 332 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) a statement confirming the good faith beliefbest knowledge of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
Amendment 345 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6 a. Providers of hosting services shall ensure that content previously identified as illegal following the mechanisms in paragraphs 1 and 2, remain inaccessible after take down.
Amendment 379 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or disable access to the information or not;
Amendment 380 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) decisions to suspend or terminate or not the provision of the service, in whole or in part, to the recipients;
Amendment 381 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) decisions to suspend or terminate the recipients’ account or not.
Amendment 382 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints and include human review.
Amendment 401 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. Under certain cases such as cases based on existing internal systems or depending on urgencies, the regime of trusted flaggers should allow to exceptionally prioritise other notices in order to increase efficiency and involvement of all actors.
Amendment 403 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competencdemonstrated particular competence, accuracy and expertise for the purposes of detecting, identifying and notifying illegal content;
Amendment 407 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collective interests, ensures independent public interest representation and is independent from any online platform;
Amendment 409 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) it carries out its activities for the purposes of submitting notices in a timely, diligent andn objective manner.
Amendment 410 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. Digital Services Coordinators shall engage in dialogue with platforms and rights holders for maintaining the accuracy and efficacy of a trusted flagger system.
Amendment 418 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestlyillegal content. A termination of the service can be issued in case the recipients fail to comply with the applicable provisions set out in this Regulation or in case the suspension has occurred at least 3 times following verification of the repeated provision of illegal content.
Amendment 426 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 429 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
Amendment 432 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d
Article 20 – paragraph 3 – point d
Amendment 443 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, be it business-to-consumer or peer-to peer, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 451 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
Amendment 479 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
Amendment 487 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) that the information displayed is anor parts thereof is an online advertisement;
Amendment 489 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who finances the advertisement;
Amendment 494 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) clear meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed.
Amendment 496 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(c a) whether the advertisement was selected using an automated system and, in that case, the identity of the natural or legal person responsible for the system.
Amendment 499 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Providers of intermediary services shall inform the natural or legal person on whose behalf the advertisement is displayed where the advertisement has been displayed. They shall also inform public authorities, non-governmental organisations and researchers, upon their request.
Amendment 502 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
Online platforms shall favour advertising that do not require any tracking of user interaction with content.
Amendment 503 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 c (new)
Article 24 – paragraph 1 c (new)
Online platforms shall offer the possibility to easily opt-out for micro-targeted tracking.
Amendment 504 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 d (new)
Article 24 – paragraph 1 d (new)
Online platforms shall offer the possibility to opt-in for the use of behavioural data and political advertising.
Amendment 507 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3, or with a turnover of over EUR 50 million per year.1a _________________ 1aCommission Staff Working Document. Impact Assessment Report. Annexes. (SWD(2020)348).
Amendment 514 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4 a. Very large platforms shall allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services.
Amendment 515 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 b (new)
Article 25 – paragraph 4 b (new)
4 b. Gatekeepers of very large platforms shall allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper.
Amendment 516 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 c (new)
Article 25 – paragraph 4 c (new)
4 c. Very large platforms shall refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users.
Amendment 517 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 d (new)
Article 25 – paragraph 4 d (new)
4 d. Very large platforms shall allow consumers and developers in mobile application ecosystems to increase the number of applications available and ensure new functionalities across software applications and services to be accessed using the operating systems of the gatekeeper.
Amendment 528 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and activities and shall include the following systemic risks:
Amendment 535 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights, including the rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 552 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures, tailored toeasures to cease, prevent and mitigate the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 554 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services and activities, or their terms and conditions;
Amendment 564 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
(b) best practices for very large online platforms to cease, prevent and mitigate the systemic risks identified.
Amendment 593 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph -1 (new)
Article 29 – paragraph -1 (new)
-1. Online platforms that use recommender systems shall indicate visibly to their recipients that the platform uses recommender systems.
Amendment 594 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph -1 a (new)
Article 29 – paragraph -1 a (new)
-1 a. Online platforms shall ensure that the option activated by default for the recipient of the service is not based on profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679.
Amendment 598 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large oOnline platforms that use recommender systems shall set out in their terms and conditions, in a clearseparately the information concerning the role and functioning of recommender systems, in a clear for average users, concise, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as anyoffer controls with the available options for the recipients of the service to modifyin a user-friendly manner to modify, customize or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679. basic natural criteria such as time, topics of interest, etc.
Amendment 601 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1 a. The parameters referred to in paragraph 1 shall include, at a minimum: (a) whether the recommender system is an automated system and, in that case, the identity of the natural or legal person responsible for the recommender system, if different from the platform provider; (b) clear information about the criteria used by recommender systems; (c) the relevance and weight of each criteria which leads to the information recommended; (e) what goals the relevant system has been optimised for, (d) if applicable, explanation of the role that the behaviour of the recipients of the service plays in how the relevant system produces its outputs.
Amendment 618 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)
Article 30 – paragraph 2 – point c a (new)
(c a) data regarding the amount of spending;
Amendment 619 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d a (new)
Article 30 – paragraph 2 – point d a (new)
(d a) whether one or more particular groups of recipients of the service have been explicitly excluded from the advertisement target group;
Amendment 627 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide information and access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conductingfacilitating and conducting public interest research that contributes to the identification and understanding of systemic risks as set out in Article 26(1). and to enable verification of the effectiveness and proportionality of the mitigation measures as set out in Article 27(1).
Amendment 631 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
3 a. Very large online platforms shall provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access;
Amendment 632 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3 b (new)
Article 31 – paragraph 3 b (new)
3 b. Very large online platforms shall provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-personal aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use, in full compliance with GDPR, only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of Regulation (EU) 2016/679; the functionalities for giving information and offering the opportunity to grant consent shall be as user-friendly as possible.
Amendment 633 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 3 c (new)
Article 31 – paragraph 3 c (new)
3 c. The data provided to vetted researchers shall be as disaggregated as possible, unless the researcher requests it otherwise.
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, be independent from commercial interestscivil society organisations or think tanks representing the public interest, be independent from commercial interests, disclose the funding financing the research, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
Amendment 681 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. Member States shall ensure that the maximum amount of penalties imposed for a failure to comply with the obligations laid down in this Regulation shall not exceed 6 % of the annual income or global turnover of the provider of intermediary services concerned. Penalties for the supply of incorrect, incomplete or misleading information, failure to reply or rectify incorrect, incomplete or misleading information and to submit to an on-site inspection shall not exceed 1% of the annual income or global turnover of the provider concerned.
Amendment 684 #
2020/0361(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Member States shall ensure that the maximum amount of a periodic penalty payment shall not exceed 5 % of the average daily global turnover of the provider of intermediary services concerned in the preceding financial year per day, calculated from the date specified in the decision concerned.
Amendment 704 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
1. In the decision pursuant to Article 58, the Commission may impose on the very large online platform concerned fines not exceeding 6% of its total global turnover in the preceding financial year where it finds that thate platform, intentionally or negligently:
Amendment 705 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The Commission may by decision impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total global turnover in the preceding financial year, where they intentionally or negligently:
Amendment 706 #
2020/0361(COD)
Proposal for a regulation
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
1. The Commission may, by decision, impose on the very large online platform concerned or other person referred to in Article 52(1), as applicable, periodic penalty payments not exceeding 5 % of the average daily global turnover in the preceding financial year per day, calculated from the date appointed by the decision, in order to compel them to:
Amendment 193 #
2020/0360(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A new Union list of project of common interest (‘Union list’) should be established every two years for new projects of common interest. Projects of common interest that have obtained PCI status, should remain on the PCI list for four years to reduce administrative burden and provide certainty to project promoters. Projects of common interest that are completed or that no longer fulfil the relevant criteria and requirements as set out in this Regulation should not appear on the next Union list. For that reason, existing projects of common interest that are to be included in the next Union list should be subject to the same selection process for the establishment of regional lists and for the establishment of the Union list applied to proposed projects. However the resulting administrative burden should be reduced as much as possible, for example by using to the extent possible information submitted previously, and by taking account of the annual reports of the project promoters. To that end, existing projects of common interest that have made significant progress should benefit from a streamlined inclusion process in the Union-wide ten-year network development plan.
Amendment 198 #
2020/0360(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to reduce complexity, increase efficiency and transparency and help enhance cooperation among Member States there should be a competent authority or authorities integrating or coordinating all permit granting processes (‘one-stop shop’) as well as an exemption regime for PCI’s that combine the realization of multiple pipelines with different energy sources (hydrogen / carbon dioxide) in one project.
Amendment 295 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
In exercising its power, the Commission shall ensure that the Union list is established every two years, on the basis of the regional lists adopted by the decision- making bodies of the Groups as established in point (2) of Section 1 of Annex III, following the procfor new projects of common interest. Projects of common interest that have obtained PCI status, should remain on the PCI list for four years to redurce set out in paragraph 3 of this Articleadministrative burden and provide certainty to project promoters.
Amendment 739 #
2020/0360(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Projects of common interest falling under the categories set out in points (1)(d), (2) and (5) of Annex II shall also be eligible for Union financial assistance in the form of grants for works, where the concerned project promoters can clearly demonstrate significant positive externalities, such as security of supply, system flexibility, solidarity or innovation, generated by the projects and provide clear evidence of their lack of commercial viability, in accordance with the cost- benefit analysis, the business plan and assessments carried out, in particular by potential investors or creditors or, where applicable, a national regulatory authority.
Amendment 863 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point a
Annex II – paragraph 1 – point 3 – point a
(a) transmission pipelines for the transport of hydrogen, giving access to multiple network users on a transparent and non-discriminatory basis, which mainly contains high-pressure hydrogen pipelines, exincluding pipelines for the local distribution of hydrogen‘last-mile’ infrastructure connections;
Amendment 867 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point b
Annex II – paragraph 1 – point 3 – point b
(b) underground storage facilities connected to the high-pressure hydrogen pipelines referred to in point (a);
Amendment 870 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point c
Annex II – paragraph 1 – point 3 – point c
(c) rReception, and storage andof hydrogen and hydrogen carriers, facilities to retrieve hydrogen from energy carriers, regasification or decompression facilities for liquefied hydrogen or hydrogen embedded in other chemical substances with the objective of injecting the hydrogen into the grid;
Amendment 875 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – introductory part
Annex II – paragraph 1 – point 3 – point d – introductory part
(d) any equipment or installation essential for the hydrogen system to operate safely, securely and efficiently or to enable bi-directional capacity, including compressor stations and facilities and pipeline systems for oxygen.
Amendment 884 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Annex II – paragraph 1 – point 3 – point d – paragraph 1
Any of the assets listed in points (a), (b), (c), (d) and (de) may be newly constructed assets or assets converted from natural gas dedicated to hydrogen, or a combination of the two.
Amendment 888 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3 – point d a (new)
Annex II – paragraph 1 – point 3 – point d a (new)
(d a) infrastructure for the import of hydrogen, including non-pipeline infrastructure such as port terminal- superstructure; dedicated port infrastructure (e.g., jetties, quay walls); vessels and ship-to-ship transport (e.g., for hinterland distribution via inland waterways); and pipelines from offshore generation fields into ports.
Amendment 902 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point a
Annex II – paragraph 1 – point 5 – point a
(a) dedicated pipelines, other than upstream pipeline network, used to transport carbon dioxide from more than one source, i.e. industrial installations (including power plants) that produce carbon dioxide gas from combustion or other chemical reactions involving fossil or non-fossil carbon-containing compounds, for the purpose of permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC of the European Parliament and of the Council61 ; any infrastructure relating to the use of other waste streams such as heat and oxygen from industrial plants. _________________ 61 OJ L 140, 5.6.2009, p. 114.
Amendment 907 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 – point b
Annex II – paragraph 1 – point 5 – point b
(b) facilities for liquefaction and buffer storage of carbon dioxide in view of its further transportation. This does not include infrastructure within a geological formation used for the permanent geological storage of carbon dioxide pursuant to Directive 2009/31/EC and associated surface and injection facilities;
Amendment 12 #
2020/0359(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In accordance with Directive (EU) 2016/1148, Member States were responsible for determining which entities meet the criteria to qualify as operators of essential services (‘identification process’). In order to eliminate the wide divergences among Member States in that regard and ensure legal certainty for the risk management requirements and reporting obligations for all relevant entities, a uniform criterion should be established that determines the entities falling within the scope of application of this Directive. That criterion should consist of the application of the size-cap rule, whereby all medium and large enterprises, as defined by Commission Recommendation 2003/361/EC15 , that operate within the sectors or provide the type of services covered by this Directive, fall within its scope. Member States should not be required to establish a list of the entities that meet this generally applicable size- related criterionThe Commission, together with the Member States and stakeholders, should develop guidelines that enable Member States to identify in a harmonised way which entities in selected sectors should be designated as essential or important entities and which entities would be considered smaller entities with a high security risk profile. Those guidelines should take into account the diverse nature of the entities, as they vary in size and in activities performed, and as their strategic importance may vary. _________________ 15 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 13 #
2020/0359(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Guidelines should serve as a basis to define which ports in a given Member State should be designated as essential entities. Those guidelines should be developed by the Commission in close cooperation with the Member States and the stakeholders and should take into account the diverse nature of European ports, as they vary in size and in activities performed, and as their strategic importance in a given Member State may vary.
Amendment 16 #
2020/0359(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in cooperation with the Cooperation Group and industry stakeholders, may issue guidelines on the implementation of the criteria applicable to micro and small enterprises.
Amendment 17 #
2020/0359(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Some entities, such as ports, are complex ecosystems with many different stakeholders. The Commission, in close cooperation with the Member States and stakeholders, should therefore develop guidelines that enable Member States to define in a harmonized way which aspects of an entity should be protected and therefore subjected to the obligations set out in this Directive.
Amendment 30 #
2020/0359(COD)
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46 a) In order to preserve and protect critical supply chains, the focus should also lay on the protection of the entire transport and logistics chain. The transport and logistics chains is made up of a large number of interlinked actors and systems, where goods are being transported in an intermodal fashion using road, rail, inland waterways and maritime transport. This process requires swift and reliable exchange of data between the various links of the transport and logistics chain through various interfaces. Due to the interconnected nature of the various links in the chain, insufficient cybersecurity risks to endanger the functioning of the entire chain through domino effects created by a cyber incident in one or several parts of the transport and logistics chain.
Amendment 31 #
2020/0359(COD)
Proposal for a directive
Recital 46 b (new)
Recital 46 b (new)
(46 b) The transport envelope of the Connecting Europe Facility, both the modernisation pillar (actions relating to smart, interoperable, sustainable, multimodal, inclusive, accessible, safe and secure mobility), as well as the military mobility pillar, should be used to enhance the resilience of Europe’s port infrastructure to cybersecurity threats. Member States should also strengthen the cyber resilience of the port sector in their national Recovery and Resilience Plans as part of the EU’s digital transition objective.
Amendment 34 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States, in close cooperation with relevant industry stakeholders, shall establish a list of entities identified pursuant to points (b) to (f) and submit it to the Commission by [6 months after the transposition deadline]. Member States shall review the list, on a regular basis, and at least every two years thereafter and, where appropriate, update it.
Amendment 36 #
2020/0359(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
The Commission, together with the Member States and stakeholders, shall develop guidelines that enable Member States to identify in a harmonised way which entities in selected sectors should be designated as essential or important entities and which entities would be considered smaller entities with a high security risk profile. Those guidelines should take into account the diverse nature of the entities, as they vary in size and in activities performed, and as their strategic importance may vary.
Amendment 37 #
2020/0359(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
The Commission, in close cooperation with the Member States and stakeholders, shall develop guidelines that enable Member States to define in a harmonized way which aspects of an essential or important entity should be protected and therefore subjected to the obligations set out in this Directive.
Amendment 33 #
2020/0035(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) The recent experiences during the COVID-19 pandemic demonstrated the importance of rail as being a stable, safe and a more resilient transport mode for freight and passenger transport. This is largely based on the employees who continued working under difficult, dangerous and uncertain conditions to ensure that medical supplies and essential goods are transported across Europe.
Amendment 36 #
2020/0035(COD)
Proposal for a decision
Recital 4
Recital 4
(4) In line with the objectives set out in the Commission Communication on the European Green Deal, there is a need to transform the Union economy and to rethink policies, in particular in the field of transport and mobility, which implies accelerating the shift to sustainable and smart mobility. Transport accounts for a quarter of the Union’s greenhouse gas emissions, and still growing. To achieve climate neutrality, a 90% reduction in transport emissions is needed by 2050. Achieving sustainable, intermodal transport means putting users first and providing them with more affordable, accessible, healthier and cleaner alternatives to their current mobility habits encouraging those already using sustainable transport modes such as walking, cycling and public transport. Achieving sustainable transport means as well putting transport workers first who are essential workers and deliver quality transport services to the benefit of users only when quality working conditions are realized. The European Green Deal implies to accelerate the shift to sustainable and smart mobility to address these challenges. In particular, a substantial part of the 75% of inland freight carried today by road should shift onto rail and inland waterways.
Amendment 48 #
2020/0035(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) The COVID-19 pandemic has hit rail and the public transport sector exceptionally hard. The sector experienced an unprecedented decline in passenger numbers in international and long distant services as well as in regional, suburban and urban services. Despite the operational and financial constraints the sector maintained crucial connections for both people and the transport of essential goods. Rail and public transport play a key role in the economic recovery and are amongst the most sustainable transport means. Therefore the European Year of Rail should encourage citizens to use rail and public transport again.
Amendment 61 #
2020/0035(COD)
Proposal for a decision
Recital 6
Recital 6
(6) By connecting the Union’s main transport routes with its rural areas, regions, peripheral regions and territories, the rail sector contributes to social, economic and territorial cohesion.
Amendment 79 #
2020/0035(COD)
Proposal for a decision
Recital 7
Recital 7
(7) While the share of passenger rail in the Union land transport has only slightly increased since 2007, the share of freight has decreased. Many obstacles remain to achieve a true Single European Rail Area, including in respect of the need to minimise noise. Overcoming these obstacles together with cost reduction and accelerated innovation will allow rail to realise its full potential. Rail therefore needs a further boost to become more attractive to travellers, employees and businesses alike.
Amendment 82 #
2020/0035(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) To increase the usage of rail services a comprehensive strategy needs to include a door-to-door approach and thus the use of public transport.
Amendment 86 #
2020/0035(COD)
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7b) There were 979 railway companies employing over 660,000 people in the European Union in 20161a. Making the rail sector the third biggest employer of all modes of transport; in order to reach its full potential, it needs to diversify its workforce and attract women and young workers in particular. It is essential to deliver optimal transport services to the benefit of users, with rail employees enjoying quality working conditions; _________________ 1a European Commission (2019), Statistical Pocketbook: EU Transport in figures, p. 26-27.
Amendment 104 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote rail, including urban and suburban rail, as a sustainable, innovative and safe mode of transport, in particular by highlighting the role of rail and public transport as a game changer to help reaching the Union’s climate neutrality objective by 2050 and by reaching out to the wider public, especially youth;
Amendment 113 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) highlight the European, cross- border dimension of rail and its crucial role for sustainable tourism, that brings citizens closer together, allows them to explore the Union in all its diversity, fosters cohesion and contributes to integrate the Union internal market;
Amendment 122 #
2020/0035(COD)
Proposal for a decision
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) enhance the contribution of rail to Union economy, industry and society, covering in particular aspects related to regional development, industrial competitiveness, sustainable tourism, innovation, social sustainable employment, education, youth and culture, and improving accessibility for persons with disabilities;
Amendment 143 #
2020/0035(COD)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a Emphasise the importance of urban rail and public transport in urban areas that guarantee a sustainable first and last mile option for travellers and daily sustainable transport solutions for commuters.
Amendment 154 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) sharing experience and good practices of national, regional and local authorities, civil society, business, trade unions and schools on promoting the use of rail and public transport and on how to implement behavioural change at all levels;
Amendment 166 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Encourage and promote initiatives in the public and private sector to promote and facilitate better business-travel patterns and commuting by rail.;
Amendment 167 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Initiatives to simplify ticketing systems and carriage regulations;
Amendment 169 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. Promote the attractiveness of the railway profession , promote equal pay at the same place, reconciliation of work and private life, career development, protection against abuse and fair conditions of service;
Amendment 171 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 d (new)
Article 3 – paragraph 1 d (new)
1d. Cooperation with European rail museums and existing cultural events such as film festivals and art exhibitions;
Amendment 172 #
2020/0035(COD)
Proposal for a decision
Article 3 – paragraph 1 e (new)
Article 3 – paragraph 1 e (new)
1e. Campaigns to re-establish trust of citizens and passengers to use rail public passenger transport again.
Amendment 184 #
2020/0035(COD)
Proposal for a decision
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The Commission shall convene regular meetings of stakeholders, social partners and representatives of organisations or bodies active in the field of rail transport, including existing transnational networks and relevant NGOs, as well as of youth organisations and communities, to assist it in implementing the European Year at Union level.
Amendment 56 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union and requires substantial additional allocation from the Union Budget. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. However, the outbreak of the COVID-19 pandemic in early 2020 has had a profound impact on the European and global economies and it is necessary to increase the investments planned to achieve the climate neutrality objectives. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium to long term, not all regions and Member States start their transition from the same point or, have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion. Such misbalance should be reflected in fair allocation of resources to affected Member states and regions requiring adequate financial support to ensure real just transition and avoid negative socio-economic impacts on industries and workers. JTF should address the most vulnerable regions and workers affected by the socio-economic transition and prevent deepening of energy poverty.
Amendment 69 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptaresponsible for all. A just climate and energy transition must not leave anyone behind and should create conditions to eradicate energy poverty. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. Transition will require significant financial resources, therefore the Union budget has an important role in that regard.
Amendment 75 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by 2050 by bringing together the Union budget’s spending on climate, economic and social objectives at both national and regional level.
Amendment 78 #
2020/0006(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The green recovery should play an important role in mitigating the negative impacts of the COVID-19 crisis by creating opportunities for affected regions, industries, SMEs, and can therefore play a crucial role as post-crisis recovery plans.
Amendment 79 #
2020/0006(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Just Transition Fund should tackle energy poverty as an issue of social justice, and should compensate incomes of most vulnerable groups in countries that do not have adequate financial reserves. In defining these measures, an active participations of trade unions, civil society organizations and relevant stakeholders complementing national and regional governments is essential.
Amendment 85 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and worker, workers affected directly or indirectly and their families concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment, while creating conditions to eradicate energy poverty. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 90 #
2020/0006(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A just transition fund cannot aggravate existing inequalities among Member States nor weaken the single market.
Amendment 97 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ willmay contribute fully to the achievement of this target according to Members States necessity.
Amendment 98 #
2020/0006(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A just transition entails as well supporting those most affected by climate change. The impacts of a changing climate will strike disproportionately some regions and communities that, in the spirit of European solidarity, have to be sustained.
Amendment 101 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy. The transfer mechanism should be optional and not mandatory in order to allow Member States to assess the best way to allocate resources.
Amendment 108 #
2020/0006(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The establishment of the JTF should not lead to cuts to, or transfers from cohesion policy effectively reducing the fund devoted to other cohesion policy program.
Amendment 112 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely or have relied until recently heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but tIt will also be demanding for those Member States that will have to upgrade their infrastructure and whose workers will have to adapt to the transition. The distribution of itsthe JTF financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality by 2050 and the ambition in their energy and climate objectives.
Amendment 131 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a continual transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line withrespect of the achievement of the EU 2030 climate objectives, as set up in the article 2of the European climate law, and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy and the creation of sustainable jobs. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 139 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to provide necessary qualifications and adapt to new employment opportunities, as well as providingor adequately support them with providing alternatives such as job- search assistance to jobseekers and their active inclusion into the labour marke, income support to ensure subsequent inclusion and re-inclusion to the labour market avoiding both short and long-term unemployment directly linked to the transition. These actions should also take the gender dimension in due account.
Amendment 151 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. Investments in industrial facilities covered by the Union Emission Trading System shall not be targeted in such a way to contribute to increase the profits already generated through the trading of emission allowances. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 168 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a National climate-neutral economy. In that regard, Member States supported by the Commission should prepare, in cooperation with the relevant stakeholders and supported by the Commissionregional governments, trade unions, civil society organizations and relevant stakeholders, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans and enhancing their climate ambition as well as the European Semester Country Report. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors including energy-intensive industries and carbon-dependent regions.
Amendment 178 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken toin the pathway towards achieving the 2030 climate targets as set out in the European Climate law and reaching a climate- neutral economy by 2050, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities. whilst maintaining and expanding employment opportunities in the affected territories in order to avoid social exclusion. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate- resilient economic activities that are also consistent with the climate targets, the transition to climate- neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans shouldmight be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 212 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘achievement of the EU 2030 climate objectives, as set up in the article2 of the European climate law, enabling regions and people to address the social, economic and environmental impacts of the transition towards a climate- neutral economy’ by 2050.
Amendment 218 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States and regions facing subsequent decarbonisation challenge and requiring adequate financial support to ensure real just transition and avoiding negative socio-economic impacts on industries, SMEs, including start-ups, as well as workers who lose their jobs as consequence of the transition.
Amendment 227 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.519 billion in 2018 prices, which(“principal amount”), and shall not be transferred from the allocations of the Funds covered by Regulation (EU) …/… [new CPR]. The principal amount may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 232 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
For the purposes of programming and subsequent inclusion in the Union budget, the amount referred to in the first subparagraph shall be indexed at least 2% per year.
Amendment 247 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in SMEs, including start-ups, leading to creation of sustainable and quality new jobs related to green economy, economic diversification and reconversion;
Amendment 254 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, and in the expansions of existing ones, with a particular emphasis on SMEs and start-ups in order to contribute to economic diversification and reconversion, including through business incubators and consulting services;
Amendment 261 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in research and innovation activities, including energy research, and fostering the transfer of advanced technologies;
Amendment 265 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction including investments in sustainable mobility and decarbonisation of the transport sector, energy efficiency and/or renewable energy; emphasising investment in renewables, smart electricity solutions, together with related infrastructure and in circular economy and environmental remediation.
Amendment 286 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments aimed at promoting modal shift in urban areas towards more sustainable mobility modes;
Amendment 304 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, including equipment and appliance load controls, metering and communications technology that allow the development of demand response;
Amendment 309 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing project, related to revitalization, decontamination, access and renovation of former coal and other mines and power station as well as brownfield sites and facilities, land restoration and repurposing projects, including afforestation of post coal mine sites;
Amendment 319 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling, recycling and other means of recovery (including energy recovery);
Amendment 323 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investments in projects for fighting energy poverty and enhancing energy efficiency on most affected regions;
Amendment 330 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers and jobseekers towards the green economy sector;
Amendment 334 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point i
Article 4 – paragraph 2 – subparagraph 1 – point i
(i) job-search assistance to jobseekers; and income support to workers who lost their job as consequence of the transition.
Amendment 337 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j
Article 4 – paragraph 2 – subparagraph 1 – point j
(j) active inclusion of jobseekers;, with a particular emphasis on women and transitioning workers. Mobility grants should be included for workers who need to move for a new job.
Amendment 347 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEU, productive investments in enterprises other than SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan and, for industrial activities covered by the ETS, if they do not contribute to increase the profits deriving from the trading of emission allowances.
Amendment 354 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
The JTF may also support investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (i) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan and if they do not contribute to increase the profits deriving from the trading of emission allowances.
Amendment 374 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) productive investments in broadband infrastructure in areas in which there are at least two broadband networks of equivalent categoryenterprises other than SMEs, that imply the transfer of jobs, capital and production processes from one Member State to another.
Amendment 382 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The JTF resources shall be programmed for the categories of regions where the territories concerned are located, on the basis of the territorial just transition plans established in accordance with Article 7 and approved by the Commission as part of a programme or a programme amendment. The resources programmed shall take the form of one or more specific programmes or of one or more priorities within a programme. The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan and the Long Term Strategy as well as the European Semester Country Report of the Member State concerned.
Amendment 393 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and on a voluntary basis the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
Amendment 398 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned on both national and regional level, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. Relevant authorities and stakeholders should be actively involved in all phases of the process: preparatory, selection and implementation. __________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 408 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national and regional level towards the achievement of the EU 2030 climate targets, as set up in the European climate law, and of a climate- neutral economy by 2050, including a timeline for key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’); and European Semester Report
Amendment 422 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, energy security, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected workers, jobs and job losses, the potential impact on self-government revenues at NUTS2 and NUTS3 levels and development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
Amendment 426 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) a description of the expected contribution of the JTF support to addressing the social, economic energy security, and environmental impacts of the transition to a climate- neutral economy; and preventing deepening of energy poverty
Amendment 432 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) a description of the governance mechanisms consisting of the partnership arrangements, the monitoring and evaluation measures planned and the responsible bodies both on national and regional level;
Amendment 436 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
(h) where support is provided to productive and sustainable investments to enterprises other than SMEs, an exhausindicative list of such operations and enterprises and a justification of the necessity of such support through a gap analysis demonstrating that the expected job losses would exceed the expected number of jobs created in the absence of the investment; where this support is provided to industrial activities already covered by the Emission Trading System, a description that such a support do not contribute to increase the profits already deriving from the ETS.
Amendment 438 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point i
Article 7 – paragraph 2 – point i
(i) where support is provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC, an exhaustive list of operations to be supported and a justification that they contribute to a transition to a climate neutral economy and lead to a substantial reduction in greenhouse-gas emissions going substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC and provided that they are necessary for the protection of a significant number of jobs and that these investments do not contribute to increase the profits already deriving from the trading of emissions allowances;
Amendment 448 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve the relevant partners in accordance with Article [6] of Regulation (EU) [new CPR]. as well as representatives of industry, energy sector, social partners, national and regional authorities and relevant stakeholders
Amendment 452 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Territorial just transition plans shall be consistent with the territorial strategies referred to in Article [23] of Regulation (EU) [new CPR], with the 2030 climate targets and carbon neutrality objective by 2050 referred in Article 2 of the European Climate Law, with relevant smart specialisation strategies, the NECPs and the European Pillar of Social Rights.
Amendment 465 #
2020/0006(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
A description of the governance Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements. Financial corrections should relate to failures related to programme interventions (not failures stemming from external factors).
Amendment 502 #
2020/0006(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion. The amounts exceeding EUR 2 billion27% of total budget of the Fund. The amounts exceeding 27% of total budget of the Fund per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
Amendment 6 #
2019/2191(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the report of October 2019 from the EC Expert Group on the Competitiveness of the European Rail Supply Industry states that ERTMS is a flagship of the EU industry's innovative power;
Amendment 9 #
2019/2191(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas for the new programming period, according to the EU climate tracking methodology for EU expenditure, ERTMS accounts for 40% contribution to climate and environment objectives respectively and taking into account that 30% of expenditure under the Cohesion Policy Funds and InvestEU, 37% under the Recovery and Resilience Facility and 60% under the Connecting Europe Facility must be allocated to actions combating climate change;
Amendment 30 #
2019/2191(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that ERTMS is crucial for the creation of a Single European Railway Area; stresses, therefore, the importance of prioritizing an optimized coordination of the development and deployment of ERTMS ensuring the implementation throughout the Union of a single, transparent, stable, affordable and interoperable ERTMS system;
Amendment 34 #
2019/2191(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes that the new Sustainable and Smart Mobility Strategy confirms that ERTMS must be the heart of a digital rail system and that its roll out should be a key priority in order to create a truly smart transport system with efficient capacity allocation and traffic management;
Amendment 41 #
2019/2191(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the commitment of the railway sector to enable the industrialisation of ERTMS, tackling the existing bottlenecks, in particular the standardisation of the future rail system architecture in the framework of Europe’s Rail Joint Undertaking’s System Pillar.
Amendment 42 #
2019/2191(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the new tasks entrusted to the Agency under the Fourth Railway Package, and recognises the prominent role of the Agency as a one stop shop which ensures consistency in the development of the interoperable ERTMS, that ERTMS deployment complies with the specifications in force, and that ERTMS- related European research and innovation programmes are coordinated with the development of ERTMS technical specifications; points out the importance of regulatory stability regarding the technical specifications for interoperability as a means of unlocking investments in the ERTMS and asks the Commission to analyse carefully further changes when updating the TSI for 2030 and to ensure compatibility;
Amendment 49 #
2019/2191(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the Agency should be provided with the appropriate financial resources and powers to increase competitiveness and overcome the challenges of ERTMS deployment and functioning that still exist (harmonisation of operational rules and requirement, specification maintenance and change, and public procurement procedures etc.);
Amendment 61 #
2019/2191(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that an approach to ERTMS deployment coordinated between all Member States and led by the ERTMS Coordinator is the only way forward to overcome the current patchwork situation which is neither efficient nor facilitates seamless interoperability;
Amendment 68 #
2019/2191(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes there is a need for a regulatory framework for the digitalisation of the rail system, and welcomes the contribution of Shift2Rail Joint Undertaking (S2R JU)and the efforts in research and innovation of Shift2Rail Joint Undertaking (S2R JU) towards achieving a more sustainable, digital, competitive, reliable and attractive railway system in Europe; strongly supports its new successor initiative, the system pillar, which coordinates the evolution of the system, new technology developments, such as the European Control and Command System (CCS), migration plans, industrialisation and deployment, especially for the ERTMS, with a view to contributing to more efficient collaboration and better use of scarce resources;
Amendment 74 #
2019/2191(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that compared with the targets set in the European Deployment Plan, at the end of 2020 only around 13 % of the core network corridors were operated with the ERTMS, and ERTMS deployment in most of the corridors ranged between 7 % and 28 %;
Amendment 86 #
2019/2191(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that there are still currently roughly 30 different national signalling systems; highlights that the Class B systems are a bottleneck for ERTMS rollout and for cross-border operations of rail traffic in European network, require a more expensive and difficult safety authorisation for operators, and are a barrier to the competitiveness of the rail transport; Recognises that especially in areas with predominantly local, domestic traffic (e.g. PSO contracts), existing class-B systems have a remaining economic life time.
Amendment 94 #
2019/2191(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to come up with a decommissioning strategy for Class B systems with regulatory deadlines to be set at EU level; believes that the effectiveness of this strategy depends on the involvement of the actors concerned and is based on the understanding of the need to compensate the compelled reduction of the current system’s lifespan by means of ERTMS funding;
Amendment 102 #
2019/2191(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission, moreover, to introduce a regulatory provision to ensure that the ERTMS NIPs are legally aligned with the binding ERTMS deployment targets set in EU legislation in order to complete its introduction within the core network, due by 2030;
Amendment 105 #
2019/2191(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that current national rules and the lack of harmonisation of operational requirements (such as engineering rules), which may differ along the network, affects interoperability, impeding seamless operation of the European rail networkConsiders that promoting modal shifts and efficient rail and combined transport, in particular in cross-border situations and in missing links, must be a priority for the TEN-T policy and ought to be carried out by fully deploying ERTMS; points out that in order to achieve a seamless operation of the European rail network, there is a need to harmonise current national rules and of operational requirements (such as engineering rules) and of regulatory and technical barriers, which may differ along the network; stresses the importance to ensure equal access for rail operators, accelerating electrification, ensuring interconnection and interoperability, supporting research and innovation including the Shift2Rail joint undertaking, and optimising rail freight corridors in line with demand, particularly in logistics hubs such as ports and airports; calls the Commission to take this into consideration for its upcoming proposal of the revision of the TEN-T guidelines;
Amendment 107 #
2019/2191(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that current national rules and the lack of harmonisation of operational requirements (such asand engineering rules), which may differ along the network, affects interoperability, impeding seamless operation of the European rail network hampers interoperability and international operators’ business cases;
Amendment 131 #
2019/2191(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Emphasises that the next iteration of ERTMS (standards) must bring improvements to interoperability, operational performance and lifecycle cost, through: - the industrialisation of ERTMS rollout instead of the current project-approach - maintainability- and upgradeability by design supported by an open plug-and- play architecture - having fully harmonised operational rules
Amendment 134 #
2019/2191(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the European Commission to use EU’s bilateral cooperations to promote the deployment of ERTMS within third countries;
Amendment 135 #
2019/2191(INI)
22 b. Calls to create a European Standardised Traffic Management System before a global standard becomes imposed on the EU
Amendment 136 #
2019/2191(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. RPoints out that the completion of the ERTMS both trackside and on-board trains is a fundamental prerequisite to the creation of a Single European Railway Area and for allowing the proper functioning of the rail market in the TEN- T corridors; recalls that EU financial support is available for ERTMS investments both trackside and on board, but it can only cover a limited amount of the overall cost of deployment, leaving most of the investment to individual infrastructure managers and railway undertakings;
Amendment 138 #
2019/2191(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Recalls that EU financial support is available for ERTMS investments both trackside and on board, but ithis can only cover a limited amount of the overall cost of deployment, leavputting most of the investment ton the shoulders of individual infrastructure managers and railway undertakings;
Amendment 153 #
2019/2191(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensurEuropean Commission and the Member States to ensure, promote and facilitate synergies within all the European financial instruments such as CEF and its Blending Facility, the Cohesion Funds, InvestEU, and access to Next Generation EU while makingand calls the Commission to encourage Member States to make the ERTMS one of their main priorities in their Recovery and Resilient Plans;
Amendment 157 #
2019/2191(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Is convinced that these funds are vital to cover the limited transition phase between ongoing R&D programs and broad operational ERTMS deployment.
Amendment 186 #
2019/2189(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Emphasises the potential for ports to act as energy hubs and facilitators of the circular economy with huge potential in the storage of batteries and reconversion of battery waste into energy; therefore calls on the Commission to support investments for related infrastructure in ports and ensure port infrastructure connections across Member States;
Amendment 3 #
2017/0123(COD)
Council position
Recital 8
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. _____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
Amendment 5 #
2017/0123(COD)
Council position
Recital 21
Recital 21
Amendment 8 #
2017/0123(COD)
Council position
Recital 22
Recital 22
Amendment 11 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 14 #
2017/0123(COD)
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that complying with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
Amendment 20 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point a a (new)
Article 2 – paragraph 1 – point 4 – point a a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
(aa) the following paragraph is inserted: '2b. Hauliers are not allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within 48 hours following the end of its cabotage operation in that Member State.';
Amendment 24 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;
Amendment 26 #
2017/0123(COD)
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 29 #
2017/0123(COD)
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. By .... [OJ: 4 months after that of its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 4 #
2017/0122(COD)
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 6 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 8 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a . Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the outcomes of the Commission’s report on the availability of safe and secure parking areas the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs. Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.
Amendment 11 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 14 #
2017/0122(COD)
Council position
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 8a – paragraph 4
Article 8a – paragraph 4
4. By 31 December 2024,At the latest [OJ: three years after the date of entry into force of this amending Regulation] the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 paragraph 8 for an additional two years.
Amendment 16 #
2017/0122(COD)
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. It shall apply from [insert date 18 month after date of entry into force]. By ... [OJ: 4 months after its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 2 #
2017/0121(COD)
Council position
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to ensure efficient use of transport resources, take into account the operational realities and reduce the number of empty runs, which is an important element in achieving the objectives of the Paris agreement in relation to the reduction of CO2 emissions, a limited number of additional transport activities should be possible without triggering the posting rules. Such activities consist of operations performed during a period in the course of or following a bilateral international transport operation from the Member State of establishment and before the return journey to the Member State of establishment.
Amendment 4 #
2017/0121(COD)
Council position
Recital 12
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
Amendment 5 #
2017/0121(COD)
Council position
Recital 13
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 7Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).
Amendment 7 #
2017/0121(COD)
Council position
Recital 15
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 11 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.
Amendment 12 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 1 a (new)
Article 1 – paragraph 3 – subparagraph 1 a (new)
In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 14 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
Amendment 15 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 2 a (new)
Article 1 – paragraph 3 – subparagraph 2 a (new)
For the purpose of this Directive, a cross- trade operation is the movement of goods, based on a consignment note, between two different Member States other than the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009. Moreover, a cross-trade transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 16 #
2017/0121(COD)
Council position
Article 1 – paragraph 3 – subparagraph 3
Article 1 – paragraph 3 – subparagraph 3
Amendment 18 #
2017/0121(COD)
The exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationnegotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
Amendment 20 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
Amendment 22 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
Amendment 26 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 1 a (new)
Article 1 – paragraph 4 – subparagraph 1 a (new)
Moreover, a bilateral transport operation in international occasional or regular carriage of passengers may involves picking up of passengers and /or setting passengers down more than once as specified in journey form or authorisation.
Amendment 27 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Amendment 30 #
2017/0121(COD)
Council position
Article 1 – paragraph 4 – subparagraph 3
Article 1 – paragraph 4 – subparagraph 3
Amendment 32 #
2017/0121(COD)
Council position
Article 1 – paragraph 8
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to beas ending when the driver leafinally delivers goods or sets passengers down in the host Member State in the performance of thean international carriage of goods or passengers. That period of, and that posting period shall not be cumulated with previous periods of postingosting periods in the context of such international operations performed byof the same driver or by another driver whom he or she replaces.
Amendment 33 #
2017/0121(COD)
Council position
Article 1 – paragraph 10
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 36 #
2017/0121(COD)
Council position
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 37 #
2017/0121(COD)
Council position
Article 10 – paragraph 1
Article 10 – paragraph 1
This Directive shall enter into force on the day following[insert date 18 month after that of its publication in the Official Journal of the European Union].