182 Amendments of Gyula HEGYI
Amendment 4 #
2008/2306(INI)
Motion for a resolution
Recital A
Recital A
A. Whereas the EU has put in place a comprehensive legal framework on genetically modified organisms (GMOs) based on the precautionary principle; whereas the EU should now focus on the implementation of this legal frameworkstrengthen the principle of subsidiarity in order to give the right to Member States to permit GMOs or not,
Amendment 10 #
2008/2306(INI)
Motion for a resolution
Recital C
Recital C
Amendment 13 #
2008/2306(INI)
Motion for a resolution
Recital D
Recital D
Amendment 18 #
2008/2306(INI)
Motion for a resolution
Recital E
Recital E
E. Whereas a little fewer than 30 GMO products are currently authorised in the EU, directly or as derived products - cotton, maize, oilseed rape, biomass, soybean, sugar beet - almost exclusively for import, as well as bacterial biomass for producing feed; whereas the EU authorized the third most type of GMO products after the US and Canada, even Argentina and Brazil authorized much less GMO products,
Amendment 35 #
2008/2306(INI)
Motion for a resolution
Recital I
Recital I
I. Whereas GMOs, notably their cultivation, give rise to discussion and questions within society as well as among the scientific community; whereas GMOs are often perceived by society in a very emotional way not necessarily based on scientific ground regarding the possible impacts of GM crops on health, the environment and ecosystems,
Amendment 49 #
2008/2306(INI)
Motion for a resolution
Recital J
Recital J
J. Whereas Member States should work more closely with each other on the issue of GMOs; whereas Member States should address this issue in a practical and rational way rather than in a political way,
Amendment 54 #
2008/2306(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. Whereas the commercial cultivation of GMOs introduces a completely new genetic make-up over large areas,
Amendment 57 #
2008/2306(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. Whereas the cultivation of GMOs leads to changes in agricultural practices,
Amendment 63 #
2008/2306(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. Whereas tests on GMPs grown in open fields for the purposes of environmental risk assessment are carried out over a few hectares, whereas a GMP which has been given a marketing authorisation may potentially be cultivated over thousands of hectares. This increase in scale may produce harmful effects which cannot be predicted on the basis of experimental studies or assessments which, as a matter of necessity, are carried out on a smaller scale,
Amendment 71 #
2008/2306(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to increase transparency at European level and national level, especially regarding the environment and health dimensions, in order to improve citizens' confideknowledge conce rning the authorisation procedure;
Amendment 75 #
2008/2306(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the EU authorisation procedure is facing substantial delays, and that more than 50 applications for authorisation are currently pending; calls on the Commission and Member States to ensure that such undue delays are avoidedmore than 50 applications for authorisation are currently pending; as companies are not providing the necessary information required under Directive 2001/18/EC;
Amendment 79 #
2008/2306(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that according to the principle of subsidiarity Member States should have the right to refuse the authorization of GMOs or GMO products, which has been authorized within the EU;
Amendment 82 #
2008/2306(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Proposes that GMOs or GMO products containing seed shall not be authorized, if the species centre of origin is in the European regions, as the modified gene can escape and spread into other native species;
Amendment 86 #
2008/2306(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that Commission decisions for GMO authorisations are exclusively based on EFSA's opinions despite the clear distinction Directive 2001/18 and Regulation 1829/2003 make between the role of a risk manager (Commission and Council) and a risk assessor (European Food Safety Authority);
Amendment 94 #
2008/2306(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need for further harmoniszation of practices and methods of assessing the environmental risks of GMOs, especially as, under Regulation (EC) No 1829/2003, the environmental evaluation is not centralised but delegated by the European Food Safety Authority (EFSA) to a Member Statewhile ensuring that each GMP should be analysed on a case-by-case basis taking account of the characteristics of ecosystems/environments and of the specific geographical areas in which GMPs may be cultivated in accordance with existing legislation;
Amendment 99 #
2008/2306(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to further develop environmental risk assessment, in particular regarding the impact on non- target species, the potential long-term effects as well as the potential consequences of the changes in the use of herbicides caused by herbicide-tolerant genetically modified plants; environmental risk assessment shall cover all nine EU biogeographical regions defined in the Habitats Directive 92/43/EEC; the study shall be carried out in the dominant county of the biogeographical region;
Amendment 105 #
2008/2306(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to ensure coherence between risk assessments of GMPs which produce active substances covered by directive 91/414/EEC and those of the corresponding plant protection products;
Amendment 111 #
2008/2306(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the ongoing revision of the EFSA's guidelines on environmental evaluation requested by the Commission; stresses that these guidelines must respect the criteria contained in the annexes of Directive 2001/18/EC; emphasises the importance of taking into account the above- mentioned aspects within the framework of this revision;
Amendment 119 #
2008/2306(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 124 #
2008/2306(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Urges the Commission to ensure that EFSA fulfils its legal requirement to address differences in scientific opinions and to acknowledge uncertainties;
Amendment 128 #
2008/2306(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Recognizes that the current risk assessments do not specifically address the EU biogeographic regions, urges the Commission to ensure that the new guidelines guarantee case-by- case examination of the environmental impacts of GMOs on all biogeographic regions of the EU;
Amendment 147 #
2008/2306(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that GMO-free zone means competitiveness to local farmers, as most Europeans do not want to consume GMOs; furthermore GM free seed worth more in the global seed market;
Amendment 155 #
2008/2306(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
121. Stresses the need to dramatically improve public information; calls upon Member States and the Commission to launch information campaigns to raise public awareness and public understanding in order to allow citizens to make informed choices;
Amendment 163 #
2008/2306(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Takes the view that the Commission and Member States should explore the different labelling possibilities that would allow consumers to be informed whether or not products such as eggs, milk or meat derive from animals having been fed with GMOs; notes that such labels are already introduced by some Member States;
Amendment 173 #
2008/2306(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that in 20058 the total area of genetically modified maize cultivated in the EU represented around 55 000 hectares and that, in 2008, it accounted for more than 100 000 hectares, representing 1,19 % of the total area of maize cultivation in the EU; notes that the only genetically modified plant cultivated in the EU today is maize MON810;
Amendment 211 #
2008/2306(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that GMO-free zones can also be set up by means of a voluntary agreement which could be tacit between all operators concerned in a determined area;
Amendment 216 #
2008/2306(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that, in the addition to those possibilities, and in accordance with Community law, which includes the precautionary principle, Member States must bare allowed the right to prohibit completely the cultivation of GMOs, in restricted geographicalgions with specific agronomical and environmental characteristics, including small isolated areas, for instance in sites belonging to the Natura 2000 network;
Amendment 7 #
2008/2224(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. UrgWelcomes the Commission initiatives to extend its dialogue to new target groups by designing communication plans that can involve people living in smaller towns and villages, the working class and retired people in EU affairs; therefore proposes aencourages the two-phase approach to enhance the dialogue between the European Union and its citizens by first providing information and then facilitating debate with and among informed citizens;
Amendment 10 #
2008/2224(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the abovementioned Joint Declaration 'Communicating Europe in Partnership', which sets out clear objectives for, and mechanisms of the improvement of EU communication on the part of the European Parliament, the Council and Commission and the Member States;
Amendment 31 #
2008/2224(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the EU institutions should initiate further discussions on Europe, and immediately put into practisewelcomes that the concepts laid down in the Joint Declaration 'Communicating Europe in Partnership', in the abovementioned White Paper on a Europea have immediately been put into practice by selecting the four common Ccommunication Policy and in the abovpriorities for 2009 and calls for further implementationed Communicati of those common ’Ccommunicating Europe in Partnership'on priorities;
Amendment 22 #
2008/2210(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to support and promote sustainable tourism in wilderness areas and ensure that tourism, even if focusing on introducing visitors to the habitats and wildlife of a wilderness area, is handled with extreme care, making full use of experience gained inside and outside Europe on how to minimise its impact;
Amendment 5 #
2008/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 10 #
2008/2041(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out the need for a strategy to halt the decline in public transport in new Member States and the increase in individual car use;
Amendment 11 #
2008/2041(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Proposes a yearly 1% shift in passenger kilometre from individual transport/cars to sustainable transport methods, such as public transportation and cycling;
Amendment 17 #
2008/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that cycling and other non- motorised modes, particularly in cities, saves on energy and space, isare noise- free, and isare very effective in combating obesity and diseases linked to a lack of physical activity;
Amendment 23 #
2008/2041(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that a Sustainable Urban Transport Plan (SUTP) should be required by Community law for every agglomeration having more than 100 000 inhabitants; considers that such legislation should include clear deadlines and binding targets set at local and European level;
Amendment 24 #
2008/2041(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that SUTPs should include the means by which local authorities intend to: - promote non-motorised transport modes such as cycling and walking, by building an extensive network of bicycle lanes and by providing safe lanes and ground level intersections for pedestrians, - promote public transport by using European funding for the development of public transport infrastructure, and disseminate information on existing good examples, such as the introduction of integrated pricing and ticketing systems and the development of P+R systems, - tackle growing individual car use, through parking restrictions and congestion charges, as well as low- emission and car-free zones;
Amendment 25 #
2008/2041(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that NGOs and other stakeholders should be involved in the preparation of the SUTPs, which should be made available to the public; considers, furthermore, that regular evaluation of progress made and dissemination of the results of such evaluations are also essential;
Amendment 44 #
2008/2041(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that air pollution is still a major cause of health problems in the EU; stresses therefore that cities with high air pollution should consider introducing strict measures, including congestion charges and low-emission and car-free zones; emphasises also that the introduction of 30 km/hour speed limits in city centres not only reduces traffic and air pollution but can bring down road deaths as well.
Amendment 31 #
2008/2011(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that community media may serve as an efficient means in bringing closer the Union to its citizens by addressing specially targeted audience;
Amendment 46 #
2008/2011(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges Member States to give legal recognition to community media as a distinct group alongside commercial and public media where such recognition is still lacking without detriment to traditional media;
Amendment 47 #
2008/2011(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that community medias should be independent not only from national but also from local power;
Amendment 49 #
2008/2011(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States for more active support of community media to ensure media pluralism, though such support shall not be to the detriment of public media;
Amendment 61 #
2008/2011(INI)
Motion for a resolution
Article 20
Article 20
20. Encourages the sector to make more use of EU funding schemes, such as the European Regional Development Fund, and the European Social Fund, as well as the possibility for education and training of journalists through the Lifelong Learning Programmes and others;
Amendment 31 #
2008/0165(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should carry out inspections on a risk-based approach in order to ensure compliance with all provisions of the Regulation, thus targeting those activities representing the highest risk of illegal trade or emission of controlled substances. The results of the inspections shall be published on the internet.
Amendment 52 #
2008/0165(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Controlled substances produced or placed on the market as feedstock may only be used for that purpose. Containers containing such substances shall be labelled with a clear indication that the substance may only be used as feedstock. All instances of use as feedstock and the quantity and quality of the substances used shall be indicated to the competent authorities of the Member State. Based on this information, the Commission shall monitor all use throughout Europe and publish the details of this on the internet.
Amendment 61 #
2008/0165(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Any person using controlled substances other than hydrochlorofluorocarbons for essential laboratory and analytical uses shall register with the Commission, indicating the substances being used, the purpose, the estimated annual consumption and the suppliers of those substances, and shall update that information when changes occur. All instances of use and the quantity and quality of the substances used shall be indicated to the competent authorities of the Member State. Based on this information, the Commission shall monitor all use throughout Europe and publish this in detail on the internet.
Amendment 68 #
2008/0165(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Methyl bromide may only be used on sites approved by the competent authorities of the Member State concerned and under the condition that methyl bromide released from the consignment is recovered with a recovery rate of at least [80 %]. All instances of the use of methyl bromide shall be indicated to the competent authorities of the Member State. Based on this information, the Commission shall monitor all use throughout Europe and publish this in detail on the internet.
Amendment 31 #
2008/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to avoid the proliferation of environmental labelling schemes, and to encourage higher environmental performance in all sectors for which environmental impact is a factor in consumer choice, the possibility of using the Community Ecolabel should be extended. However, wit is necessary to ensure a clear distinction between this Regulation andh regard to food products, the Ecolabel should apply only to food already certified in accordance with Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/9113.
Amendment 51 #
2008/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
In accordance with the precautionary principle, the Ecolabel shall not be awarded, whenever possible, to products which contain substances or preparations classified as very toxic, toxic, dangerous to the environment, carcinogenic, mutagenic or toxic for reproduction (CMR), persistent, bio-accumulative and toxic (PBT), very persistent, very bio- accumulative (vPvB), endocrine disrupters or other categories of equivalent concern such as sensitisers. Moreover, the Ecolabel shall not be awarded to goods manufactured using processes which are likely to harm humans and/or the environment.
Amendment 55 #
2008/0152(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The prospects for the market penetration of a product in the Community shall, as far as possible, correspond to 10% of the EU internal market at the moment of adoption or revision of the Ecolabel criteria.
Amendment 57 #
2008/0152(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Ecolabel criteria shall be based on the precautionary principle.
Amendment 68 #
2008/0152(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where criteria are developed for processed food other thanducts covered by Regulation (EC) No 834/2007, only those products of aquaculture, those criteria shall only relate to processing, transport and packagingcertified according to that Regulation may be awarded the Ecolabel.
Amendment 72 #
2008/0152(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall, following consultation of the EUEB, adopt measures to establish specific Ecolabel criteria for each product groupDraft Ecolabel criteria shall be developed in accordance with the procedure laid down in Annex I and taking into account the working plan. Not later than 3 months after the final report is submitted to the Commission, the EUEB shall be consulted on the criteria proposal. The Commission shall provide explanations and documentation on the reasoning behind any changes to the criteria submitted in the final report. Not later than 3 months after consultation of the EUEB, the Commission shall submit an Ecolabel criteria proposal to the regulatory committee established under Article 16(2) and subsequently adopt measures to establish Ecolabel criteria for a specific product group. The Commission shall take into account the comments of the EUEB and shall clearly highlight, document and provide explanations on the reasoning behind any change to the proposal further to the EUEB consultation. Those measures, designed to amend non- essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2).
Amendment 96 #
2008/0152(COD)
Proposal for a regulation
Annex I – part A – point 2 – subparagraph 2 – indent 1
Annex I – part A – point 2 – subparagraph 2 – indent 1
- they shall be based on the environmental performance throughout the life-cycle of the product of the best performing products on the market and correspond, as far as possible, to 10% to the top quartile (25%) of the best performing products available on the market;
Amendment 100 #
2008/0152(COD)
Proposal for a regulation
Annex I – part A – point 2 – subparagraph 2 – indent 1
Annex I – part A – point 2 – subparagraph 2 – indent 1
- they shall be based on the environmental performance throughout the life-cycle of the product of the best performing products on the market and correspond, as far as possible, to 10% of the best performing products available on the marketinternal market at the moment of their adoption;
Amendment 73 #
2008/0151(COD)
Proposal for a directive
Article 16 - paragraph 1 a (new)
Article 16 - paragraph 1 a (new)
1a. By 2011, the Commission shall develop a methodology to prepare implementing measures and facilitate the prioritisation process for non-energy related products including water-using products, textiles, furniture, construction products and detergents.
Amendment 235 #
2008/0142(COD)
Proposal for a directive
Article 3 - paragraph 2
Article 3 - paragraph 2
2. When the circumstances under which an authorisation to go to another Member State in order to receive appropriate treatment under Article 22(2) of Regulation (EC) No 1408/71 – or, following the entry into force of this Regulation, Article 20(2) of Regulation (EC) No 883/2004 – must be granted are met, the provisions of that Regulation shall apply and the provisions of Articles 6, 7, 8 and 9 of this Directive shall not apply. Conversely, when an insured person seeks healthcare in another Member State in other circumstances, Articles 6, 7, 8 and 9 of this Directive apply and Article 22 of Council Regulation (EC) No 1408/71 – or, following the entry into force of this Regulation, Article 20 of Regulation (EC) No 883/2004 – shall not apply. However, whenever the conditions for granting an authorisation set out in Article 22(2) of Regulation (EC) No 1408/71 are fulfilled, the authorisation shall be accorded and the benefits provided in accordance with that Regulation. In that case Articles 6, 7, 8 and 9 of this Directive shall not apply.
Amendment 295 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (l)
Article 4 - point (l)
(l) "harm" means adverse outcomes or injuries stemming fromharmful consequences resulting from the provision of healthcare and causal links with the provision of healthcare.
Amendment 323 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) mechanisms are in place for ensuring that healthcare providers are able to meet such standardthere is a clear definition of the legislative requirements for healthcare providers, taking into account international medical science and generally recognised good medical practices;
Amendment 333 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
b) the application of suchnational legislative standards by healthcare providers in practice is regularly monitored and correctivappropriate action is taken when appropriate standards are not met, taking into account progress in medical science and health technology;
Amendment 351 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) systems of professional liability insurance or a guarantee or similar arrangementnational standards create the legal framework for the operation of systems of professional liability insurance which are appropriate to the nature and extent of the risk, or another guarantee is in place, which areis equivalent or essentially comparable as regards their purpose and which are appropriate to the nature and the extent of the risk are in placwith the above as regards its purpose for treatment provided on their territory;
Amendment 359 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
g) patients from other Member States shall enjoy equal treatment with the nationals of the Member State of treatment, including the protection against discrimination provided for according to Community law and national legislation in force in the Member State of treatment, without prejudice to the obligation of Member States according to which, within the publicly financed system, providers shall, in providing treatment, favour patients who must be treated, according to the referral system laid down in the national regulations, or who are on a waiting list.
Amendment 422 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
(4) Member States shall have a mechanism for calculation of costs that are to be reimbursed to the insured person by the statutory social security system for healthcare provided in another Member State. This mechanism shall be based on objective, non-discriminatory criteria known in advance and the costs reimbursed according to this mechanism shall be not less than whatequivalent to the costs which would have been assumed hadreimbursed if the same or similar healthcare had been providobtained in the territory of the Member State of affiliation but shall not exceed the actual costs of healthcare received.
Amendment 438 #
2008/0142(COD)
Proposal for a directive
Article 7
Article 7
The Member State of affiliation shall not make the reimbursement of the costs of non-hospital care provided in another Member State subject to prior authorisation, where the cost of that care, if it had been provided in its territory, would have been paid for by its social security system. If the national law of the Member State of affiliation couples the funding of healthcare to insured patients using healthcare at the location of the publicly financed healthcare provider, the Member State of affiliation shall be obliged to reimburse only the cost of care provided in the Member State of treatment which the patient has used under the same conditions as insured persons in the Member State of treatment.
Amendment 461 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This lLists shall be set up and may be regularly updated by the Commission. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3)Member States.
Amendment 497 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
(5a) If the national law of the Member State of affiliation couples the funding of healthcare to insured patients using healthcare at the location of the publicly financed healthcare provider, the Member State of affiliation shall be obliged to refund only the cost of care provided in the Member State of treatment which the patient has used under the same conditions as insured persons in the Member State of treatment.
Amendment 509 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 557 #
2008/0142(COD)
Proposal for a directive
Article 11
Article 11
Amendment 22 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 7
Recital 7
(7) Professionals are generally covered by the provisions of the legislation for workers protection. However, many professional activities are often conducted in customers' premises which often do not have all the appropriate measures to manage, control and reduce the risks to health. Moreover, self-employed workers 1 COUNCIL DIRECTIVE 89/391/EEC of 12 June 1989 on the protection of workers. are not covered by the provisions of the worker protection legislation and would require adequate training before conducting paint stripping activities based on DCM. Professionals should also be required to provide certain information to justify the continued use of DCM.
Amendment 24 #
2008/0033(COD)
Proposal for a decision – amending act
Recital 8
Recital 8
(8) The placing on the market and use of DCM-paint strippers by professionals should therefore be banned in order to protect their health and to reduce the number of fatalities and non-fatal accidents. Nevertheless, when the replacement of DCM is deemed to be particularly difficult or inappropriate, Member States should be able to allow further use of DCM by specially licensed professionals. Member States would be responsible for granting and monitoring such licences, which should be based on specific justifications and compulsory training with specific requirements.
Amendment 28 #
2008/0033(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point (xx) – column 2 – point 2
Annex I – point (xx) – column 2 – point 2
(2) By way of derogation tofrom paragraph (1), Member States may authorise on a five-year basis the supply of paint strippers containing dichloromethane to licensed professionals. that have provided the following information: (a) the reason for requesting the derogation, (b) the quantity of dichloromethane to be used annually, (c) the activities and processes involved, (d) the absence of safer alternatives to dichloromethane for their purposes, (e) the number of workers liable to be involved, (f) the precautions envisaged to protect the safety and health of workers concerned, in particular proof of access to adequate personal protective equipment, (g) the technical and organisational measures taken to prevent the exposure of workers.
Amendment 30 #
2008/0033(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point (xx) – column 2 – point 3 - introductory part
Annex I – point (xx) – column 2 – point 3 - introductory part
(3) The licence referred to in paragraph (2) shallmay be granted only to professionals that have provided the complete information referred to in paragraph (2), information that was found to be valid and adequate by the competent authorities, and that have been trained in the safe use of paint strippers containing dichloromethane. The training shall cover:
Amendment 92 #
2008/0016(COD)
Proposal for a directive
Recital 10
Recital 10
(10) By contrast, it is appropriate for the 10% target for renewable energy in transport to be set at the same level for each Member State in order to ensure consistency in transport fuel specifications and availability. Because transport fuels are traded easily, Member States with low endowments of the relevant resources will easily be able to obtain renewable transport fuels from elsewhere. While it woulIt would be favourable and technically be possible for the Community to meet its biofuel target solely from domestic production, it is both likely and desirable that the target will in fact be met through a combination of domestic production and importn order to minimize the imports of biofuels. To this end, the Commission should monitor the supply of the Community market for biofuels, and should, as appropriate, propose relevant measures to achieve a balanced approach between domestic production and imports, taking into account the development of multilateral and bilateral trade negotiations as well as environmental, cost, energy security and other considerations.
Amendment 107 #
2008/0016(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to avoid encouraging the cultivation of raw materials for biofuels and other bioliquids in places where this would lead to high greenhouse gas emissions, the use of default values for cultivation should be limited to regions where such an effect can reliably be ruled out. The EU should rely mainly on domestic biofuel production from its agricultural surplus, as one of the aims of biofuel production is to decrease the dependency on imported fossil fuel.
Amendment 110 #
2008/0016(COD)
Proposal for a directive
Recital 48
Recital 48
(48) In order to permit the achievement of a 10% share of biofuels, it is necessary to ensure that there is second generation biofuel is available and ensure the placing on the market of higher blends of biodiesel in diesel than those envisaged by standard EN590/2004.
Amendment 149 #
2008/0016(COD)
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Each Member State shall ensure that the share of energy from renewable sources in transport in 2020 is at least 10% of final consumption of energy in transport in that Member State, if second generation biofuels are widely available and there is reasonable agricultural surplus capacity within the EU.
Amendment 75 #
2008/0014(COD)
Proposal for a decision
Article 1
Article 1
This Decision lays down rules on the determination of the contribution of Member States to meeting the greenhouse gas emission reduction commitment of the Community from 2013 to 2020 for greenhouse gas emissions from sources not covered under Directive 2003/87/EC, and for the evaluation thereof.
Amendment 85 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Until a future international agreement on climate change has been concluded by the Community leading to emission reductions exceeding those required pursuant to this Article, each Member State shall, by 2020, limit its greenhouse gas emissions from sources not covered under Directive 2003/87/EC by the percentageto the quantity set for that Member State in the Annex to this Decision in relation to its emissions in the year 2005.
Amendment 98 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Subject to paragraph 3 and Article 4, each Member State shall annually limit those greenhouse gas emissions in a linear manner to ensure that those emissions do not exceed the maximum level for that Member State in 2020 as specified in the Annex. As regards the definition of the starting point for this limitation, each Member State may either choose the target defined for that Member State in the Kyoto Protocol or the average annual greenhouse gas emissions of that Member State during the years 2008, 2009 and 2010, as reported and verified pursuant to Directive 2003/87/EC and Decision 280/2004/EC.
Amendment 176 #
2008/0014(COD)
Proposal for a decision
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
Amendment 184 #
2008/0014(COD)
Proposal for a decision
Article 7
Article 7
Amendment 192 #
2008/0014(COD)
Proposal for a decision
Annex
Annex
Member State greenhouse gas Member State greenhouse gas emission limits by 2020 emissions in 2020 resulting from the compared to 2005 greenhouse the Kyoto implementation of Article 3 gas emission levels for sources not covered underProtocol greenhouse gas emission targets (in tonnes of CO2 equivalent) Directive 2003/87/EC Belgium -158% 70954356110.535 Bulgaria 20-18% 100.043 35161279 Czech Republic 9-18% 68739717146.541 Denmark -20-18% 45.402 29868050 Germany -148% 438917769798.368 Estonia 11-18% 888612532.155 Ireland -20-18% 3791645151.526 Greece -4% -18% 64052250109.662 Spain -10% 8% 219018864 73.256 France -14% 8% 354448112 462.419 Italy -13% 8% 30531949896.270 Cyprus -5-18% 4633210 Latvia 17-18% 938692019.546 Lithuania 15-18% 18429024 37.278 Luxembourg -20 -18% 8522041 7.774 Hungary 10% -18% 58024562 88.948 Malta 5% 1532621 -18% Netherlands -168% 107302767 164.207 Austria -168% 4984260256.394 Poland 14% -18% 216592037 434.302 Portugal 1% -18% 48417146 62.638 Romania 19% -18% 98477458 213.093 Slovenia 4% -18% 12135860 5.355 Slovakia 13% -18% 23553300 54.355 Finland -168% 29742510 58.223 Sweden -17% -18% 37266379 61.531 United Kingdom -168% 310387829 559.581
Amendment 450 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Free allocation mayshall be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in article 9heat demand and to heat supplied to efficient district heating qualifying under the Guidelines on State aid for environmental protection.
Amendment 517 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
7. Subject to Article 10b, the amount of allowances free of charge under paragraphs 34 and 6 of this Article [and paragraph 2 of Article 3c] in 2013 shall be 80% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020.
Amendment 520 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7 a (new)
Article 10a – paragraph 7 a (new)
7a. Subject to Article 10b, the amount of allowances allocated free of charge under paragraph 3 of this Article in 2013 shall be 100% of the quantity determined in accordance with the measures referred to in paragraph 1.
Amendment 48 #
2007/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from 2012 onwards. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the premium should reflect technological costs. The amounts of the excess emissions premium should be considered as revenue for the budget of the European Union and should used for the support of sustainable transport modes, especially public transport.
Amendment 180 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The amounts of the excess emissions premium shall be considered as revenue for the budget of the European Union. and shall be used for the support of sustainable transport modes including public transport and cycling infrastructure.
Amendment 61 #
2007/0286(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to guarantee the prevention and control of pollution, each installation should operate only if it holds a permit or in the case of certain installations and activities using organic solvents, only if it holds a permit or if it is registered. The overall use of organic solvents should be minimised.
Amendment 65 #
2007/0286(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The permit should include all the necessary measures to achieve a high level of protection for the environment as a whole and should also include emission limit values for polluting substances, appropriate requirements to protect the soil and groundwater as well as monitoring requirements and a list of the dangerous substances or preparations used as defined in Council Directive 67/548/EC of 27 June 1967. The conditions of the permit should be set on the basis of best available techniques.
Amendment 68 #
2007/0286(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to take into account certain specific circumstances, competent authorities should be able to grant derogations to allow emission limit values to exceed the emission levels associated with the best available techniques as described in the BAT reference documents. Such derogations should be based on well defined criteria and should not exceed emission limit values set out in this Directive. No derogations are needed to allow emission limit values to be set below the emission levels associated with the BAT as described in the BAT reference documents.
Amendment 72 #
2007/0286(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is necessary to ensure that the operation of an installation does not lead to a deterioration of the quality of soil and groundwater. Permit conditions should therefore include an appropriathe monitoring of soil and groundwater and the operator should, where necessary, remediate the site upon definitive cessation of activities.
Amendment 95 #
2007/0286(COD)
Proposal for a directive
Article 3 – point 9 a (new)
Article 3 – point 9 a (new)
(9a) 'emission levels associated with the best available techniques' means the levels of emissions obtained under normal operating conditions by using best available techniques as described in the BAT reference documents, expressed as an average over a period of time and under given reference conditions;
Amendment 99 #
2007/0286(COD)
Proposal for a directive
Article 3 – point 13
Article 3 – point 13
(13) 'emerging technique' means a novel technique for an industrial activity that, if commercially developed, cwould provide a higher general level of protection of the environment or higher cost savings than existing best available techniques;
Amendment 103 #
2007/0286(COD)
Proposal for a directive
Article 3 – point 15
Article 3 – point 15
(15) 'baseline report' means quantified information on the state of soil and groundwater contamination by significant amounts of relevant dangerous substances;
Amendment 126 #
2007/0286(COD)
Proposal for a directive
Article 8 – point 1
Article 8 – point 1
(1) that the operator provides the competent authority with a report on compliance with the permit conditions at least every twelve months; after five years, if the installation has in each year met all the permit conditions, the reporting period may be extended to 24 months
Amendment 141 #
2007/0286(COD)
Proposal for a directive
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(ea); the amount of the dangerous substances or preparations used in the installation as defined in Council Directive 67/548/EC of 27 June 1967
Amendment 147 #
2007/0286(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
BAT reference documents BAT reference documents and exchange of information
Amendment 150 #
2007/0286(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall adopt BAT reference documents based on the results of the information exchange referred to in Article 29. organise an exchange of information with Member States, the industries concerned that are represented in a balanced share by industrial system providers and operators and non-governmental organisations promoting environmental protection on the following: (a) the performance of installations in terms of emissions, pollution, consumption and nature of raw materials, use of energy or generation of waste; (b) the best available techniques used, associated monitoring, and their development. The Commission shall set up an Information Exchange Forum comprised of Member States, the representatives of the industries concerned and non- governmental organisations on the organisation of the exchange of information referred to in paragraph 1. The Commission shall establish guidance for the exchange of information including on the collection of data and the determination of the content of BAT reference documents. An evaluation report shall be published by the Commission. The report shall be accessible on the internet. 1a. Taking into account the opinion expressed by the Information Exchange Forum, the Commission shall adopt new and updated BAT reference documents based on the results of the information exchange referred to in paragraph 1.
Amendment 157 #
2007/0286(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The BAT reference documents shall in particular describe the best available techniques, the associated emission levels, consumption levels and associated monitoring, the monitoring of soil and groundwater and remediation of the site and the emerging techniques, giving special consideration to the criteria listed in Annex III. The Commission shall review and update the BAT reference documents as appropriateor the Member States shall ensure that the chapters defining BAT in the BAT reference documents are made available in the official languages of the EU.
Amendment 169 #
2007/0286(COD)
Proposal for a directive
Article 15 – paragraph 1 – letter d
Article 15 – paragraph 1 – letter d
(d) requirements of periodic monitoring in relation to relevant dangerous substances likely to be found in significant amounts on site having regard to the possibility of soil and groundwater contamination at the site of the installation;
Amendment 173 #
2007/0286(COD)
Proposal for a directive
Article 15 – paragraph 1 – letter f a (new)
Article 15 – paragraph 1 – letter f a (new)
(fa) suitable requirements to assure that energy is used efficiently.
Amendment 179 #
2007/0286(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. BAT reference documents shall be the reference for setting the permit conditions. Competent authorities may set stricter permit conditions than achievable from the use of the best available techniques as described in the BAT reference documents.
Amendment 194 #
2007/0286(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
3. By derogation from the second subparagraph of paragraph 2, the competent authority may, in specific cases, on the basis of anexceptional cases, that result from the assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values that exceed the emission levels associated with the best available techniques as described in the BAT reference documents.
Amendment 198 #
2007/0286(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2 a (new)
Article 16 – paragraph 3 – subparagraph 2 a (new)
Member States shall ensure that the people concerned are given early and effective opportunities to participate in the decision relating to the granting of the derogation referred to in this paragraph.
Amendment 203 #
2007/0286(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
The Commission mayshall establish criteria for the granting of the derogation referred to in this paragraph.
Amendment 215 #
2007/0286(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Without prejudice to the first subparagraph, periodic monitoring of groundwater and soil shall be carried out at least once every seven yearsfive or ten years respectively, unless the monitoring is based on a systematic appraisal of the risks of contamination.
Amendment 220 #
2007/0286(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
The Commission mayshall establish criteria foron the determination of the frequency of the periodic monitoringappraisal of the risks of contamination.
Amendment 226 #
2007/0286(COD)
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
Where the Commission adopts a new or updated BAT reference document, Member States shall, within four years of publication, where necessary, reconsider and updatereview and update where necessary, the general binding rules for the installations concerned.
Amendment 237 #
2007/0286(COD)
Proposal for a directive
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. Where the Commission adopts a new or updated BAT reference document, Member States shall, within four years of publication, ensure that the competent authority, where necessary, reconsiders and updatesreconsider and update where necessary, the permit conditions for the installations concerned.
Amendment 244 #
2007/0286(COD)
Proposal for a directive
Article 22 – paragraph 4 – letter d a (new)
Article 22 – paragraph 4 – letter d a (new)
(da) where it is necessary to comply with Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants.
Amendment 248 #
2007/0286(COD)
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where the activity involves the use, production or release of relevant dangerous substances having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare a baseline report before starting operation of an installation or before a permit for an installation is updated. That report shall contain the quantified information necessary to determine the initial state of the soil and the groundwater with regard to significant amounts of dangerous substances.
Amendment 252 #
2007/0286(COD)
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Upon definitive cessation of the activities, the operator shall assess the state of the soil and groundwater contamination by dangerous substances. Where the installation has caused any measurable pollution by dangerous substances of soil or groundwater compared to the initial state established in the baseline report referred to in paragraph 2, the operator shall remediate the site and return it to that initial state.
Amendment 258 #
2007/0286(COD)
Proposal for a directive
Article 24
Article 24
The report on compliance referred to in point (1) of Article 8 shall include a comparison between the operation of the installation, including the level of emissions, and the best available techniques as described in the BAT reference documents. The report shall be accessible on the internet without delay.
Amendment 270 #
2007/0286(COD)
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
Those programmes shall include at least one random site visit every twelve months, for each installation, unless those programmes are based on a systematic appraisal of the environmental risks of the particular installations concerned. This frequency shall be increased to one random site visit every four months in the event of breach of permit conditions.
Amendment 278 #
2007/0286(COD)
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Non-routine inspections shall be carried out to investigate seriousqualified environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.
Amendment 282 #
2007/0286(COD)
Proposal for a directive
Article 25 – paragraph 7 – subparagraph 2
Article 25 – paragraph 7 – subparagraph 2
The report shall be notified to the operator concerned and made publicly availableccessible on the internet and within two months after the inspection takes place.
Amendment 287 #
2007/0286(COD)
Proposal for a directive
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) the granting of derogations according to Article 16(3).
Amendment 288 #
2007/0286(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 a (new)
Article 26 – paragraph 1 – subparagraph 2 a (new)
Non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest.
Amendment 292 #
2007/0286(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
3. When a decision on granting, reconsideration or updating of a permit, or on the adoption or updating of general binding rules has been taken, the competent authority shall make accessible on the internet and available to the public without delay the following information:
Amendment 294 #
2007/0286(COD)
Proposal for a directive
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
Amendment 295 #
2007/0286(COD)
Proposal for a directive
Article 26 – paragraph 3 – point f
Article 26 – paragraph 3 – point f
Amendment 297 #
2007/0286(COD)
Proposal for a directive
Article 29
Article 29
Amendment 331 #
2007/0286(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that the monitoring of air polluting substances is carried out in accordance with Part 3 of Annex V. Member States may require that such monitoring be carried out at the operator's expense.
Amendment 365 #
2007/0286(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 a (new)
Article 67 – paragraph 1 – subparagraph 1 a (new)
Member States shall provide information on the derogations granted in accordance with Article 16(3) including the names of the installations concerned and the levels of emissions compared with best available techniques.
Amendment 366 #
2007/0286(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 b (new)
Article 67 – paragraph 1 – subparagraph 1 b (new)
The information referred to in the first subparagraph shall be made available in a format to be used for the exchange of information referred to in Article 14.
Amendment 367 #
2007/0286(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 2
Article 67 – paragraph 1 – subparagraph 2
Member States shall develop and regularly upgrade national information systems to make available in an electronic format the information referred to in the first subparagraph. Member States shall make available to the public a summary of the information provided.
Amendment 372 #
2007/0286(COD)
Proposal for a directive
Article 68 – paragraph 1
Article 68 – paragraph 1
On the basis of best available techniques the Commission shall adapt Parts 3 and 4 of Annexe V, PartAnnexes 1V, 2, 6, 7 and 8 of Annex VI, Parts1, 5, 6, 7 and 8 of Annex VII and Parts 2 and 4 of AnnexVI, VII, VIII to scientific and technical progress.
Amendment 373 #
2007/0286(COD)
Proposal for a directive
Article 68 a (new)
Article 68 a (new)
Article 68a Minimum requirements 1. Minimum requirements to limit emissions (emission limit values) and to set up monitoring and compliance requirements may be adopted where there is evidence that a benefit in terms of protection of human health and the environment would be gained from such minimum requirements. The evaluation of a need for minimum requirements to be set up shall take into account the environmental effects of the industrial activities concerned and the level of application of best available techniques in those activities. Those measures, designed to amend non- essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2) 2. Such minimum requirements shall be directed to the main environmental effects of the activities concerned and shall be set up in line with best available techniques.
Amendment 474 #
2007/0286(COD)
Proposal for a directive
Annex V – Part 3 – point 1 - subparagraph 2
Annex V – Part 3 – point 1 - subparagraph 2
The concentration of CO in waste gases from each combustion plants firing gaseous fuels with a rated thermal input of 100 MW or more shall be measured continuously.
Amendment 475 #
2007/0286(COD)
Proposal for a directive
Annex V – Part 4 – point 1 – subparagraph 1
Annex V – Part 4 – point 1 – subparagraph 1
1. In the case of continuous measurements, the emission limit values set out in Parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met : (a) no validated monthly average value exceeds the relevant emission limit values set out in Parts 1 and 2; (b) no validated daily average value exceeds 110 % of the relevant emission limit valufigures set out in Parts 1 and 2; (c) in cases of combustion plants composed only of boilers using coal with a rated thermal input below 50 MW, no validated daily average value exceeds 150 % of the relevant emission limit values set out in Parts 1 and 2, (d, and (b) 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit valufigures set out in Parts 1 and 2.
Amendment 512 #
2007/0286(COD)
Proposal for a directive
Annex VI – Part 6 – point 2.5 - subparagraph 1
Annex VI – Part 6 – point 2.5 - subparagraph 1
2.5. The competent authority may decide not to require continuous measurements for HCI, HF and SO2 in waste in incineration plants or waste co-incineration plants, and require periodic measurements as set out in point 2.1(c) or no measurements if the operator can prove, on the basis of information on the quality of the waste concerned, that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values.
Amendment 518 #
2007/0286(COD)
Annex VI – Part 6 – point 2.5 - subparagraph 2
The competent authority may decide not to require continuous measurements for NOx and require periodic random measurements as set out in point 2.1(c) in existing waste incineration plants with a nominal capacity of less than 6 tonnes per hour or in existing waste co-incineration plants with a nominal capacity of less than 6 tonnes per hour if the operator can prove on the basis of information on the quality of the waste concerned, the technologies used and the results of the monitoring of emissions that the emissions of NOx can under no circumstances be higher than the prescribed emission limit value. In the event of breach of permit conditions, the competent authority shall require continuous measurements.
Amendment 524 #
2007/0286(COD)
Proposal for a directive
Annex VI – Part 6 – point 2.6 – point c a (new)
Annex VI – Part 6 – point 2.6 – point c a (new)
(ca) the operator can prove that no electronic wastes or wastes containing chlorinated compound is treated
Amendment 65 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require a service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, education or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism.
Amendment 5 #
2007/0200(COD)
Proposal for a decision – amending act
Recital 4
Recital 4
(4) DEGME is no longer used as a constituent of consumer paints and paint strippers. The aforementioned risk assessment has shown that there is a risk to the health of consumers through dermal exposure to paints and paint-strippers containing DEGME. Preparations containing DEGME used in paints and, paint strippers, cleaning agents, self-shining emulsions and floor sealants should therefore not be placed on the market for supply to the general public. A limit value of 0.1% of DEGME in preparations should be adopted for market surveillance purposes.
Amendment 6 #
2007/0200(COD)
Proposal for a decision – amending act
Recital 5
Recital 5
(5) DEGBE is used as a constituent of paints, dyes, inks, detergents and cleaners. The aforementioned risk assessment for DEGBE has shown that there is a risk to the health of consumers through inhalation exposure during spray painting application. A derived safe concentration limit of 3% for DEGBE in spray paints or spray cleaners should be introduced to prevent the risk of inhalation exposure for consumers.
Amendment 7 #
2007/0200(COD)
Proposal for a decision – amending act
Recital 6
Recital 6
(6) For other than spray paints thanor spray paintcleaners, a warning against using such paints or cleaners in spraying equipment should be required where those paints or cleaners contain a DEGBE concentration limit which is equal to or more than 3%.
Amendment 9 #
2007/0200(COD)
Proposal for a decision – amending act
Recital 16
Recital 16
(16) Ammonium nitrate fertilisers have been misused for the illicit manufacture of explosives. Fertiliser types that can be used for this purpose have a nitrogen content as low as 20%. Access to those fertiliser types should be limited to professional agricultural use by imposing a limit of less than 208% of the nitrogen content in ammonium nitrate preparations sold to the general public.
Amendment 12 #
2007/0200(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point 53 – column 2
Annex I – point 53 – column 2
Shall not be placed on the market after [18 months after the entry into force of the Decision], for supply to the general public, as a constituent in paints and in paint stripper, paint strippers, cleaning agents, self-shining emulsions and floor sealants in concentrations equal to or higher than 0.1% by mass.
Amendment 14 #
2007/0200(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point 54 – column 2 – point 1
Annex I – point 54 – column 2 – point 1
(1) Shall not be placed on the market for the first time after [18 months after the entry into force of the Decision], for supply to the general public, as a constituent of spray paints or spray cleaners in concentrations equal to or higher than 3% by mass.
Amendment 16 #
2007/0200(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point 54 – column 2 – point 2
Annex I – point 54 – column 2 – point 2
(2) Paints or cleaners not conforming to the concentration limit in point (1) shall not be placed on the market for supply to the general public after [24 months after the entry into force of the Decision].
Amendment 18 #
2007/0200(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point 54 – column 2 – point 3
Annex I – point 54 – column 2 – point 3
(3) Without prejudice to other Community legislation concerning the classification, packaging and labelling of dangerous substances and preparations, paints, detergents and cleaners other than spray paints containing more than 3% by mass of DEGBE that are placed on the market for supply to the general public shall be legibly and indelibly marked by [24 months after the entry into force of the Decision] as follows: “Do not use in paint spraying equipment”.
Amendment 28 #
2007/0200(COD)
Proposal for a decision – amending act
Annex
Annex
Directive 76/769/EEC
Annex I – point 57 – column 2 – point 2
Annex I – point 57 – column 2 – point 2
(2) Shall not be placed on the market for supply to the general public after [18 months after the entry into force of the Decision] as a substance, or in preparations that contain 208% or more by mass of nitrogen in relation to ammonium nitrate.
Amendment 44 #
2007/0121(COD)
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) The benefits for enterprises will increase as more countries in the world adopt the GHS criteria in their legislation. Stricter labelling can strengthen consumers' trust in chemicals. The Community should be at the forefront of this process to encourage other countries to follow and to provide a competitive advantage to industry in the Community.
Amendment 48 #
2007/0121(COD)
Proposal for a regulation – amending act
Recital 19
Recital 19
(19) To ensure information on hazardous substances when they are included in mixtures, mixtures should also be labelled, where appropriate, when they contain at least one substance that is classified as hazardous, even if the mixtures themselves are not classified as hazardous.
Amendment 56 #
2007/0121(COD)
Proposal for a regulation – amending act
Recital 37
Recital 37
(37) It is essential that the substances and mixtures placed on the market be well identified,; however, the Agency should allow enterprises, where necessary, to describe the non-hazardous chemical identity in a way that does not put the confidential nature of their businesses at risk.
Amendment 58 #
2007/0121(COD)
Proposal for a regulation – amending act
Recital 38
Recital 38
(38) The International Union of Pure and Applied Chemistry (IUPAC) is a long standing global authority on chemical nomenclature and terminology. Identification of substances by their IUPAC name is widespread practice worldwide and provides the standard basis for identifying substances in an international and multilingual context. It is therefore appropriate to use these names with the common name, if available, for the purposes of this Regulation.
Amendment 59 #
2007/0121(COD)
Proposal for a regulation – amending act
Recital 44
Recital 44
(44) Resources of the authorities should be focused on substances of the highest concern. Provision should therefore be made to enable competent authorities or suppliers to submit proposals to the Agency for a harmonised classification of substances classified for carcinogenicity, germ cell mutagenicity or reproductive toxicity categories 1A or 1B, for respiratory sensitisation, or in respect of other effects on a case-by-case basis. Substances proven to be endocrine disruptors should also be included. The Agency should give its opinion on the proposal while interested parties should have an opportunity to comment. The Commission should decide on the final classification. PBT, vPvB or acute toxic category 5 substances should be included later in this Regulation. The Commission should present within 5 years detailed criteria for the classification of endocrine disruptor substances.
Amendment 61 #
2007/0121(COD)
Proposal for a regulation – amending act
Recital 52
Recital 52
(52) In order to provide focal points for information on hazardous substances and mixtures, Member States should appoint bodies responsible for receiving information relating to health in addition to the competent authorities for the application and enforcement of this Regulation. The Commission should make the information received available to the public, via the internet.
Amendment 62 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 1 - paragraph 1 - point (d)
Article 1 - paragraph 1 - point (d)
(d) establishing and making publicly available a list of substances with their harmonised classifications and labelling at Community level in part 3 of Annex VI;
Amendment 70 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 5 - paragraph 1 - point (c a) (new)
Article 5 - paragraph 1 - point (c a) (new)
(ca) any new reliable scientific information.
Amendment 83 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 14 - paragraph 1 - points (a) and (b)
Article 14 - paragraph 1 - points (a) and (b)
(a) that the substances in the mixture react slowly with atmospheric gases, in particular oxygen, carbon dioxide, water vapour, to form different non-hazardous substances; (b) that the substances in the mixture react very slowly with other substances in the mixture to form different non-hazardous substances;
Amendment 87 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 18 - paragraph 2 - subparagraph 2
Article 18 - paragraph 2 - subparagraph 2
If a common name is available, it shall also be indicated. Where the name in the IUPAC nomenclature exceeds 100 characters, a common name may be used provided that the notification in accordance with Article 41 includes both the name in the IUPAC Nomenclature and the common name used.
Amendment 89 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 18 - paragraph 3 - point (b)
Article 18 - paragraph 3 - point (b)
(b) the identity of all substances in the mixture that contribute to acute toxicity, skin corrosion or serious eye damage, germ cell mutagenicity, carcinogenicity, reproductive toxicity, respiratory or skin sensitisation, or specific target organ toxicity (STOT) or are proven to be endocrine disrupting.
Amendment 98 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 26 - paragraph 1
Article 26 - paragraph 1
1. The supplier of a substance or a mixture may submit a request to the Agency to use a product identifier which refers to a substance or mixture either by means of a name that identifies the most important functional chemical groups or by means of a common name, where he can demonstrate that the disclosure on the label of the chemical identity of a substance ornon- hazardous substance or non-hazardous mixture puts the confidential nature of his business, in particular his intellectual property rights, at risk.
Amendment 100 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 26 - paragraph 3
Article 26 - paragraph 3
3. The Agency may require further information from the supplier making the request if such information is necessary to take a decision. The Agency shall notify the person making the request of its decision within six weeks of the request or the receipt of further required information. If the Agency does not take any decision within the time specified, the use of the requested name is deemed to be allowed.
Amendment 103 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 27 - paragraph 3
Article 27 - paragraph 3
3. The supplier may include supplemental information in the section for supplemental information on the label other than that referred to in paragraphs 1 and 2, provided that that information does not make it more difficult to identify the label elements referred to in Article 17(1) (a) to (g) and that it provides further details and does not contradict or cast doubt on the validity of the information specified by those elements. Any misleading information or supplemental information concerning false health or environmental effects shall be prohibited.
Amendment 106 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 31 - paragraph 1
Article 31 - paragraph 1
1. For packaging containing 12500 ml or less, hazard and precautionary statements need not be indicated on the label, if the substance or mixture is classified as: (a) Flammable Gas of category 2; (b) Flammable Liquid of category 2 or 3; (c) Flammable Solid of category 1 or 2; (d) Substances which in contact with water emit Flammable Gases of categories 2 or 3; (e) Oxidising Liquid of category 2 or 3; (f) Oxidising Solid of category 2 or 3; (g) Acutely Toxic of category 4, if the substances or mixtures are not supplied to the general public; (h) Skin Irritant of category 2; (i) Eye Irritant of category 2; (j) Acutely Aquatic Hazardous of category 1; (k) Chronically Aquatic Hazardous of category 1, 2, 3 and 4.
Amendment 114 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 31- paragraph 2 - point (b) - introductory part
Article 31- paragraph 2 - point (b) - introductory part
(b) where packaging contains a quantity other than 12500 ml which does not entail a risk to workers or human health or the environment, the quantities and the appropriate exemptions from the labelling requirements for substances and mixtures classified as follows:
Amendment 129 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 43 - paragraph 1 - subparagraph 3
Article 43 - paragraph 1 - subparagraph 3
Information in the inventory which corresponds to the information referred to in Article 119 (1) of Regulation (EC) No 1907/2006 shall be publicly accessible via the internet. The Agency shall grant access to the other information on each substance in the inventory to the notifiers and registrants who have submitted information on that substance in accordance with Article 29(1) of Regulation (EC) No 1907/2006. It shall grant access to such information to other parties subject to Article 118 of that Regulation.
Amendment 134 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 49 - paragraph 1 - subparagraph 1
Article 49 - paragraph 1 - subparagraph 1
1. Any supplier of a substance or mixture shall assemble and keep available all the information required for the purposes of classification and labelling under this Regulation for a period of at least 150 years after he last supplied the substance or the mixture.
Amendment 137 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 52 - paragraph 2
Article 52 - paragraph 2
2. Within 60 days of receipt of the information from the Member State, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 54 (2)3), either authorise the provisional measure for a time period defined in the decision or require the Member State to revoke the provisional measure.
Amendment 140 #
2007/0121(COD)
Proposal for a regulation – amending act
Article 53 - paragraph 1 a (new)
Article 53 - paragraph 1 a (new)
Amendment 47 #
2007/0022(COD)
Proposal for a directive
Article 2 - point b
Article 2 - point b
(b) “legal person” means any legal entity having such status under the applicable national law, including companies not classified as legal persons in a Member State, except for States or other public bodies acting in the exercise of their sovereign rights and for public international organisations.
Amendment 50 #
2007/0022(COD)
Proposal for a directive
Article 3
Article 3
Member States shall ensure that the following conduct constitutes a criminal offence, when committed intentionally or with at least serious negligence, irrespective of the territorial extent of the consequences of the criminal offence:
Amendment 51 #
2007/0022(COD)
Proposal for a directive
Article 3 - point a
Article 3 - point a
(a) the discharge, emission or introduction of a quantity of materials or ionising radiation into air, soil, rock or water, which causes death or serious injury to any person or any animal which is protected by a wildlife protection agreement;
Amendment 53 #
2007/0022(COD)
Proposal for a directive
Article 3 - point b
Article 3 - point b
(b) the unlawful discharge, emission or introduction of a quantity of materials or ionising radiation into air, soil, rock or water, which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, water, animals or plants;
Amendment 54 #
2007/0022(COD)
Proposal for a directive
Article 3 - point c
Article 3 - point c
(c) the unlawful treatment, including disposal and storage, recovery, transport, export or import of waste, including hazardous waste, which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, rock, water, animals or plants;
Amendment 55 #
2007/0022(COD)
Proposal for a directive
Article 3 - point d
Article 3 - point d
(d) the unlawful operation of a plant in which a dangerous activity is carried out or in which dangerous substances or preparations are stored or used and which, outside the plant, causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, rock, water, animals or plants;
Amendment 56 #
2007/0022(COD)
Proposal for a directive
Article 3 - point f
Article 3 - point f
(f) the unlawful manufacture, treatment, storage, use, transport, export or import of nuclear materials or other hazardous radioactive substances which causes or is likely to cause death or serious injury to any person or substantial damage to the quality of air, soil, rock, water, animals or plants;
Amendment 57 #
2007/0022(COD)
Proposal for a directive
Article 3 - point g
Article 3 - point g
(g) the unlawful possession, takingremoval from their habitat, damaging, killing or trading of or in specimens of protected wild fauna and flora species or parts or derivatives thereof;
Amendment 59 #
2007/0022(COD)
Proposal for a directive
Article 3 - point h
Article 3 - point h
(h) the unlawful significant deterioradeterioration or destruction of a protected habitat;
Amendment 1 #
2006/0258(COD)
Article 3 - paragraph 1 - indent - 1 (new)
- data from pesticide producers, traders and importers,
Amendment 38 #
2006/0206(COD)
Article 2 – paragraph 1 a (new)
Amendment 41 #
2006/0206(COD)
Article 4 – paragraph 3 – subparagraph 1
3. The requirements for facilities listed in Article 3(1)(a) and (b) of this Regulation as well as acceptance criteria for metallic mercury, amending Annexes I, II and III of Directive 1999/31/EC, shall be adopted in according toance with the procedure referred to in Article 16 of that Directive. The Commission shall make an appropriate proposal as soon as possible, and at the latest by 1 January 2010uly 2009, taking into account the outcome of the exchange of information pursuant to Article 7(1) and the report on research on safe disposal options pursuant to Article 7(2).
Amendment 42 #
2006/0206(COD)
Article 7 – paragraph 1
1. The Commission shall organise an initial exchange of information between the Member States and the industries concernedrelevant stakeholders by 1 July 2010. This exchange of information shall, in particular, by 1 July 2010 examine the potential need for: extending the export ban to mercury compounds and products containing mercury; an import ban of metallic mercury, mercury compounds and products containing mercurywith a mercury concentration below 5% weight by weight (w/w); extending the storage obligation to metallic mercury from other sources; and time limits concerning temporary storage of metallic mercury, and by 1 July 2009 research on safe disposal options.
Amendment 43 #
2006/0206(COD)
Article 7 – paragraph 1 a (new)
1a. The exchange of information shall inter alia analyse the results of the consideration given to Almadén as the site for the safe storage of existing metallic mercury stocks or metallic mercury sub- produced by European industry in accordance with Article 2.
Amendment 44 #
2006/0206(COD)
Article 7 – paragraph 2
2. The Commission shall keep under review ongoing research activities on safe disposal options, including solidification of metallic mercury. The Commission shall submit a report to the European Parliament and the Council by 1 Julanuary 2010. On the basis of this report, the Commission shall, if appropriate, present a proposal for a revision of this Regulation as soon as possible and not later than 1 July 20132.
Amendment 45 #
2006/0206(COD)
Article 7 – paragraph 2 a (new)
2a. Six months before the ban on exports comes into force in accordance with Article 1, the Commission shall evaluate the effectiveness and impact of the compensation measures undertaken in order to allow the area affected by the closure of mercury mines to achieve viable economic and social alternatives.
Amendment 70 #
2006/0132(COD)
Article 9 – paragraph 2 a (new)
2a. Member States may include in their National Action Plans provisions on informing neighbours who could be exposed to the spray drift.
Amendment 158 #
2005/0281(COD)
Article 11 – paragraph 2 – subparagraph 1
2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures to encouraghat ensure the options thatchosen deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle thinking on the overall impacts of the generation and management of such waste.