192 Amendments of Jeanine HENNIS-PLASSCHAERT
Amendment 41 #
2009/2096(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the financial and economic crisis has hit the transport sector hard, a situation which should, however, be taken as an opportunity to support and promote the transport industry in a forward-looking way, without affecting the level playing field in the market,
Amendment 48 #
2009/2096(INI)
Motion for a resolution
Recital J
Recital J
J. whereas it is vital for measurable targets to be set for the transport sector, as a way both of monitoring the efficiency of transport policy more effectively and of establishing social and economic planning orientation;orientation, and demonstrating that the proposed measures are necessary for the implementation of the transport policy put in place,
Amendment 70 #
2009/2096(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is convinced that population growth, in particular in cities, will give rise to challenges for transport in terms of safety and capacity, and that the basic right to mobility and the applicability of this right are crucial in this regard; stresses that, in this context, multimodal transport chains and collective transport, inter alia, are the way ahead for urban areas, and points out in that connection that in urban areas the existing structure in particular will determine which mode is most appropriate;
Amendment 76 #
2009/2096(INI)
Motion for a resolution
Paragraph 1a (new)
Paragraph 1a (new)
1a. Notes that an increasing number of cities are introducing environmental zones but that clear and unambiguous EU rules for their establishment are lacking; stresses the need for unambiguous access requirements and mutual international recognition of emission reduction adjustments for vehicles, for which the European Commission must set standards;
Amendment 78 #
2009/2096(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that increasing demand also results, inter alia, in a strain on capacity and reduced efficiency due to infrastructure problems in the field of freight transport, and that, primarily, comodal use and, including demand in the field of freight transport, must, in particular, lead to greater supply through the targeted elimination of bottlenecks, better pricing and better utilisation through the use of comodality, the removal of road closures, the authorisation of megatrucks, traffic management and the construction of rush-hour lanes; considers that the safety of transport users and transported goods should therefore be increased;
Amendment 90 #
2009/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that decarbonising transport is one of the main challenges of future EU transport policy and that all available, sustainable means should be used in order to achieve this, such as an energy mix, price formation measures and internalising external costs of all modes of transport, provided that the ensuing revenue is used to improve the sustainability of mobility; underlines that, to this end, the priority development of financial incentives, ruling out any distortions of competition between modes of transport and Member States in the process, should be preferred to the imposition of sanctions;
Amendment 103 #
2009/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that Member States must assume their responsibility by creating sufficient safe parking places along roads; is of the opinion that the European Commission must ensure that, where EU rules provide for sufficient rest for drivers, they also have sufficient parking places to take that rest. That also applies with regard to special safety conditions for parking lorries carrying dangerous goods;
Amendment 110 #
2009/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is convinced that an integrated transport policy not only between the transport modes but also on the entire value chain of transport and logistics services with all relevant actors of the industry is necessary to suitably address the challenges of transport; calls on the European Commission to create a high- level stakeholders group for logistics with broad based industry representation;
Amendment 121 #
2009/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Finds that the development of passenger and freight transport as a whole raises the issue not of the transfer of traffic but rather of the effective use of the various modes of transport, mainly those disposing over free and available capacity, and their integration in order to enhance seamless traffic flows across modes and nodes, and that the goal of European transport policy should therefore be effective comodality;
Amendment 129 #
2009/2096(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that effective comodality should be measured not only in terms of cost- effectiveness but also according to criteria of environmental protection, social and employment conditions and safety, with attention also being paid to the different possibilities and starting positions of the different modes of transport on the one hand and of the countries and regions on the other, without departing from the principle that any distortion of competition between modes of transport and Member States is to be eliminated;
Amendment 154 #
2009/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Finds that transport plays an essential role in completing the European Single Market and the freedom of movement of people and goods, and that regulated market opening should be achieved, primarily in rail transport; this complete market opening should be accompanied by other measures aimed at avoiding distortions of competition and at creating a level playing field between transport modes, inter alia in the social, fiscal and environmental fields;
Amendment 157 #
2009/2096(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that in future all infrastructure costs, as well as external costs, should be charged to all modes;
Amendment 165 #
2009/2096(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that a genuinely successful common ports policy is impossible without unambiguous arrangements for State aid to ports; urges the European Commission to produce guidelines without delay;
Amendment 178 #
2009/2096(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that the enforcement and sanctioning of the road transport rules must be harmonised, particularly in regard to driving and rest times; like any citizen, road transport operators must have legal certainty as to the relevant rules and their enforcement and sanctioning;
Amendment 183 #
2009/2096(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that effectiveness in transport policy consists in evaluating programmes (such as Galileo and ITS) and then reorienting or further continuing them, as appropriate; sees a consequent need, for example, for a new road traffic safety programme, a mid-term review of NAIADES as well as a permanent follow up of NAIADES in order to strengthen the existing policy framework for inland waterway transport, implementation of the Open Sky Programme and the continuation of Marco Polo in a simplified form;
Amendment 205 #
2009/2096(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 220 #
2009/2096(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that intelligent systems in transport organisation, such as Galileo and ITS, need support in terms of research as well as in their application, since they lead to considerable environmental improvements due to a reduction in exhaust gases and traffic noise, improve safety by creating solutions to infrastructure bottlenecks and, not least, result in increased energy independence across the modes in the entire transport network;
Amendment 224 #
2009/2096(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that to achieve comodality, connecting information is as important as connecting modes of transport and stresses therefore that connecting modal intelligent systems in transport organisation is required to attain better capacity use, more safety and more sustainability in the entire transport network;
Amendment 226 #
2009/2096(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that Member States should be encouraged to carry out national and cross-border trials with European Modular Systems, including intermodal transport trials;
Amendment 249 #
2009/2096(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for a research and technology agenda for the transport sector, this should be done in cooperation with all relevant stakeholders in order to understand the needs of the sector and better attribute EU funding accordingly; the priority should be given to projects to decarbonise transport, increase the transparency of the supply chain and transport safety and security, improve traffic management and reduce administrative burdens;
Amendment 264 #
2009/2096(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 289 #
2009/2096(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that, with a view to targeted extension of (road) infrastructure capacity, there is a need to designate a coherent EU network of major roads for freight transport, based on actual goods flows and the wishes of carriers and shippers; these should replace the current TEN projects, which are largely based on political expediency;
Amendment 290 #
2009/2096(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes that the development of trans- European networks, including the financial aspects, is a highly ambitious undertaking for individual Member States; points out that European seaports and inner harbours are a key element of trans-European networks, in that they combine various modes (water, rail and road); urges that seaports and inner harbours be given a prominent role in future TEN-T policy;
Amendment 67 #
2009/0063(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
(da) security key performance indicators
Amendment 71 #
2009/0063(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
(2a) Before adopting measures pursuant to Article 4 of Regulation (EC) No 300/2008, the Commission shall undertake an impact assessment with regard to the effects on the level of security charges. The Commission shall consult the Stakeholders’ Advisory Group constituted under Article 17 of Regulation (EC) No 300/2008 about the outcome of this impact assessment.
Amendment 73 #
2009/0063(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Security charges shall be used exclusively to meet security costs. These costs shall be determined using the principles of accounting and evaluation generally accepted in each of the Member States. The total revenue from security charges shall not be higher than the total costs of aviation security for that airport, airport network, or group of airports.
Amendment 27 #
2009/0027(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) For Member States which are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographical or demographic situation, the Office will support the implementation of binding solidarity mechanisms to promote, on a voluntary and coordinated basis, a better reallocation of beneficiaries of international protection from such Member States to others following non- discretionary, transparent and unequivocal rules, while ensuring that asylum systems are not abused.
Amendment 35 #
2009/0027(COD)
Proposal for a regulation
Article 5
Article 5
For Member States which are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographical or demographic situation, the Office shall coordinate exchanges of information and all other activities related to the implementation of instruments and mechanisms for the intra-Community transfer, on a voluntary basis, of persons accorded international protection in the European Union.
Amendment 39 #
2009/0027(COD)
Proposal for a regulation
Article 10 - point a a (new)
Article 10 - point a a (new)
(aa) on a proposal from the Commission, implementing a binding solidarity mechanism to reallocate beneficiaries of international protection from Member States with specific and disproportionate pressures on their national asylum systems, in consultation with the UNHCR, following non-discretionary, transparent and unequivocal rules;
Amendment 1 #
2008/2331(INI)
Motion for a resolution
Indent 7 a (new)
Indent 7 a (new)
- having regard to the Communication of the Commission of 13 February 2008 entitled 'Preparing the next steps in border management in the European Union'(COM(2008)0069);
Amendment 100 #
2008/2331(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses the need for a comprehensive master plan setting out the overall objectives and architecture of the EU's border management strategy, including the details showing how all related programmes and schemes in this area (already in place, in the course of preparation or at the stage of policy development) are supposed to function together and how relationships between them can be optimised; takes the view that, when considering the architecture of the EU’s border management strategy, the Commission should analyse first of all the effectiveness of the existing border management systems of the Member States, in order to bring about the optimal synergies between them;
Amendment 102 #
2008/2331(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that integrated management of borders requires more investment should strike the right balance between ensuring the free movement of a growing new technologies, such as biometrics, while taking account of data protection and privacy lawsumber of people across borders and ensuring greater security for EU-citizens; does not deny that the use of data offers clear advantages; is, at the same time, of the opinion that public trust in government action can only be maintained if sufficient data protection safeguards, supervision and redress mechanisms are provided for;
Amendment 108 #
2008/2331(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the replacement of current national Schengen visas with uniform European Schengen visas, allowing for equal treatment of all visa applicants, and calls for a study into the setting upwishes to be informed on the exact timetable and the details of both the policy study and the technical study of the Commission which will analyse the feasibility, the practical implications and the impact of a system requiring third- country nationals to obtain electronic authorisation to travel before travelling to EU territory (Electronic System for Travel Authorisation, ESTA);
Amendment 114 #
2008/2331(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deeply regrets that, despite repeated calls by Parliament, progress in combating illegal immigration reConsiders effective combating of illegal immigration as a crucial part of a comprehensive EU migration policy, and therefore regrets that effective decision- makins slow and insufficient; g in this field is hamstrung by the insufficient ability of the Member States to really work together in their mutual interest;
Amendment 121 #
2008/2331(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that, despite repeated increases in its budgetary means at the insistence of Parliament, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) is still far from providing an effectivenot yet able to provide sufficient co-ordination of the Union’s external borders due to its limited mandate;
Amendment 175 #
2008/2331(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the commitments made by Member States in the above-mentioned European Pact on Immigration and Asylum in relation to the need for solidarity; welcomes in particular the inclusion of a voluntary burden-sharing mechanism which enables the intra-EU reallocation of beneficiaries of international protection from Member States which are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographical or demographic situation, to other Member States; welcomes also the allocation of EUR 5 million in the EU’s 2009 budget for this purpose under the European Refugee Fund; insists, however, on the introduction of binding instruments; calls on the Commission to implement this mechanism forthwith and to propose immediately a legislative initiative to establish such a mechanism at European level on a permanent basis;
Amendment 176 #
2008/2331(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Supports the review of Council Regulation (EC) No 343/2003 ("Welcomes the recast of the Dublin regulation and the proposed provisions for a mechanism to suspend Dublin transfers if there are concerns that Dublin transfers could result in applicants not benefiting from adequate standards of protection in the responsible Member States, in particular in terms of reception conditions and access to the asylum procedure, as well as in cases where these Dublin Regulation")1 so as to ensure a more equitable allocation of responsibility in the examination of asylum applicationtransfers would add to the burden on those Member States which are faced with specific and disproportionate pressures due, in particular, to their geographical or demographic situation. Stresses, however, that these provisions would turn out to be a political statement rather than an effective instrument to seriously support a Member State without the introduction of a two-fold binding instrument for all Member States;
Amendment 4 #
2008/2235(INI)
Motion for a resolution
Indent 7 d (new)
Indent 7 d (new)
- having regard to the Commission proposal for a directive of the European Parliament and of the Council laying down minimum standards for the reception of asylum seekers (Recast) (COM (2008)0815)
Amendment 5 #
2008/2235(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Directive 2003/9/EC applies to asylum seekers and refugees;
Amendment 6 #
2008/2235(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas fundamental rights, such as the right to live in dignity, the protection of family life, access to health care and the right of appeal, must be guaranteed at all times;
Amendment 8 #
2008/2235(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Reception and Procedures Directives require Member States to provide asylum seekers with information in writing concerning their rights and the organisations providing assistance; and whereas it is essential - in view of the complexity of procedures and short deadlines, particularly in accelerated procedure cases - that asylum seekers and immigrants receive appropriate legal advice, have access to an interpreter when necessary and receive decisions concerning them in a language they are reasonably expected to understand,
Amendment 20 #
2008/2235(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that the visits revealed that the existing directives weare still being poorly applied, or not at all, by thea number of Member States; calls on the Commission to take the necessary measures to ensure that the directives are transposed and complied with;
Amendment 22 #
2008/2235(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the principles of the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms should be applied at all times and regardless of the status of the third- country national involved; therefore cannot accept that a person is not treated accordingly for the sole reason that he or she is an irregular immigrant;
Amendment 23 #
2008/2235(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the considerable discretionary power left to the Member States by Directive 2003/9/EC, particularly as regards the level and form of material reception conditions and access to employment and healthcare, to the detriment of the harmonising of their legislationnumber of deficiencies regarding the level of reception conditions which mainly results from the fact that Directive 2003/9/EC currently allows Member States a wide margin of discretion concerning the establishment of reception conditions at national level; therefore welcomes the Commission proposal COM (2008)0815;
Amendment 35 #
2008/2235(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for priority to be given to the reception of asylum seekers and immigrants in open reception centres; considers that asylum seekers are especially vulnerable and should in principle not be subject to measures which deprive them of their liberty;
Amendment 43 #
2008/2235(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the information about procedures is largely in writing and that the deadlines are very short, which poses a problem of understanding and constitutes an obstacle to asylum seekers effectively exercising their rights when they submit an application; calls for brochures explaining all the rights of asylum seekers and immigrants to be made available to them in several languages; calls on the Member States also to provide information by other means, including orally and televisually;
Amendment 54 #
2008/2235(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that access to free legal aid appears limited for asylum seekers and immigrants and amounts sometimes to no more than a list of lawyers’ names, resulting in people without sufficient funds being left without assistance;
Amendment 60 #
2008/2235(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that continuity of access to lawyers is made more difficult when detaineeasylum seekers are moved between different reception and/or detention centres;
Amendment 61 #
2008/2235(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Member States to provide free and effective public legal aid to all asylum seekers and immigrantsensure access to legal assistance and/or representation free of charge in cases where the asylum seeker cannot afford the costs involved;
Amendment 63 #
2008/2235(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that in most of the detention centres visited, asylum seekers and migrants complained systematically about insufficient and inadequate medical care, the difficulties of consulting or communicating with doctors and the lack of specific care (in particular, for pregnant women and victims of torture) and medicines;
Amendment 68 #
2008/2235(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls onWelcomes the Commission to propose an amendment to Article 10 of Directive 2003/9/EC with a view to improvingal to tackle the obstacles to access to the labour market and to allow access to the employment marketafter a period of six months after an application for international protection has been lodged;
Amendment 71 #
2008/2235(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recognises the considerable work done by various associations in providing assistance to asylum seekers and ‘irregular migrants’;
Amendment 75 #
2008/2235(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to ensure that these associations have access without legal or administrative obstacles to asylum seekers and irregular migrants, including those in detention centres;
Amendment 79 #
2008/2235(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Regrets that thea number of Member States are making increasing use of detention; points out that detention must be a measure of last resort to be used when all other non- detention measures havstresses that a person should not be held in detention for the sole reason that he/she is seeking international protection; stresses that detention must be a measure of last resort for the shortest period possible only in cases where not had the desired result, must have a defined objective (e.g. expulsion) and must be limited in duration to the achievement of that objectivher less coercive measures cannot be applied and on the basis of an individual assessment of each case;
Amendment 84 #
2008/2235(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points out that the right to contest a detention measure is laid down in Article 5 of the ECHR; calls for all third-country nationalasylum seekers placed in detention to be able to exercise that right;
Amendment 102 #
2008/2235(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for the detention of migrant minors and asylum seekenors to be prohibited in principle, and for the detention of minors with their parents to be exceptional and having the objective of ensuring that the best interests of the child are served;
Amendment 108 #
2008/2235(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to guarantee that unaccompanied minors and families are housed in separate centres, including when they are in detention, so as to prevent mixing with other adults and ensure access toaccommodation even in detention, so as to guarantee adequate privacy and family life as provided for by Article 8 of the ECHR, as well as a protective environment for children;
Amendment 111 #
2008/2235(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Commission to lay down the obligation to identify and search for aand the Member States to introduce a proactive duty to trace family members, in the European Uncluding for organisations souch as to ensure that unaccompanied minorhe Red Cross can join a family member where that is in their interesd Red Crescent;
Amendment 115 #
2008/2235(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Is concerned at the phenomenon of unaccompanied minors disappearing; calls on the Commission and the Member States to put in place a harmonised system for gathering data and statistics pursuant to Article 4( 3)(a) of Regulation 862/2007/EC concerning the identification of, and provision of assistance to, unaccompanied minors in order to combat this phenomenon;
Amendment 119 #
2008/2235(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 47 #
2008/2218(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to further integrate European environmental legislation into decision-making and planning for TEN-T projects, such as Natura 2000, SEA, EIA, Air Quality, Water Framework, Habitat and Bird Directives as well as the Transport and Environmental Reporting Mechanism (TERM)-reports on indicators for transport and; believes, as a consequence, that once TEN-T status is granted to projects this should be regarded as conclusive evidence of the presence of the (imperative reasons of) overriding public interest within the meaning of the Birds, Habitats and Water Framework Directives and as presumptive environment by the European Environment Agencydence of the absence of alternative solutions under the same Directives;
Amendment 7 #
2008/2181(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is aware that the so-called 'overstayers', who are central to the proposed entry/exit system, are supposed to represent the biggest category of illegal immigrants in the EU; requests, however, more information on the data collected by an external contractor proving that 'there were up to 8 million illegal immigrants within the EU in 2006';1; insists furthermore on a clear definition of the term 'overstayer', including the possible exemptions under specific conditions; 1 SEC(2008)0153., and a closer qualitative and quantitative analysis on the threats/risks/costs they bring to the European society; Or. en
Amendment 20 #
2008/2181(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that several Member States have already set up or are preparing such an RTP programmefor TCNs, and highlights the risk of ending up with a patchwork of twenty- seven systems based on different criteria, including those on data-protection and fees; is aware of the fact that the Netherlands, together with Germany, the UK and FRONTEX, are seeking to promote the 'International Expedited Traveller Programme' as a possible blueprint for other Member States;
Amendment 21 #
2008/2181(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that in fact RTPs for TCNs are different from RTPs for EU-citizens; stresses therefore that a clear distinction between the two is made at all times;
Amendment 25 #
2008/2181(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is aware that biometrics are theoretically effective personal identifiers because the characteristics measured are thought to be distinctive of each person; underlines, however, the fact that the reliability of biometrics is never absolute and/or biometrics are not in all cases accurate; therefore points out that fall-back procedures should be provided for at all times and risk profiles should be better elaborated;
Amendment 28 #
2008/2160(INI)
Proposal for a recommendation
Recital K a (new)
Recital K a (new)
Ka. whereas throughout the world, companies in the information and communications technology (ICT) sector face increasing government pressure to comply with domestic laws and policies in ways that may conflict with the internationally recognized human rights of freedom of expression and privacy; whereas, in response, a multi-stakeholder group of companies, civil society organisations (including human rights and press freedom groups), investors and academics have created a collaborative approach with the aim of protecting and advancing freedom of expression and privacy in the ICT sector, and have formed the Global Network Initiative (GNI) to take this work forward.
Amendment 68 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point o a (new)
Paragraph 1 - point o a (new)
oa) ensure that EU businesses which provide an Internet content hosting service do not disclose to any foreign official any information that personally identifies a particular user of such a content hosting service, except for legitimate foreign law enforcement purposes in compliance with the Universal Declaration of Human Rights;
Amendment 16 #
2008/2007(INI)
Motion for a resolution
Paragraph 3a (new)
Paragraph 3a (new)
3a. Believes that the Commission’s role is important in order to ensure that all European ports are able to reach their full potential; stresses however that the Commission should refrain from any interventionist policy which, directly or indirectly, aims to redirect traffic flows in Europe;
Amendment 52 #
2008/2007(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the early publication of guidelines for state aid to ports in 2008; and believes that these guidelines should cover the port area as such, with a distinction made between access and defence infrastructure, project-related infrastructure and superstructure and with no distinction made between different categories of ports;
Amendment 55 #
2008/2007(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Approves the extension of the transparency requirements laid down by Commission Directive 2006/111 of 16 November 2006 on the transparency of the financial relations between the Member States and public undertakings as well as on financial transparency within certain undertakings1, but calls on the Commission to consider a reduced minimum threshold for annual revenue rather than an absolute obligation;
Amendment 61 #
2008/2007(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to undertake a study of the funds provided by public authorities to European commercial ports so as to identify possible distortions of competition, but considers that aid given to port authorities to develop their port infrastructures, curb congestion and reduce road freight should not be seen as state aid unless it would benefit a single user or operator;
Amendment 67 #
2008/2007(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 71 #
2008/2007(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 72 #
2008/2007(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the Commission’s desire to provide port workers with a mutually recognisable basic qualification so as to foster flexibility in the sector; hereto and, as a first step, a comparison should be made between the different existing systems of professional qualifications for port workers;
Amendment 48 #
2008/0247(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In view of the different programming schedules for timetables for the different types of traffic, it should be ensured that the requests for infrastructure capacity for freight traffic are not unduly restricted by requests for passenger transport, particularly in regard to their respective socio-economic values. Fees for using the infrastructure should vary according to the quality and reliability of the train path allocated.
Amendment 54 #
2008/0247(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) To guarantee the development of competition between suppliers of rail freight services in the freight corridor, it seems desirable to authorise applicants other than railway undertakings or their groupings should be able to request infrastructure capacity.
Amendment 120 #
2008/0247(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Member States affected by a freight corridor shall cooperate to ensure the development of the freight corridor in accordance with its implementation plan. They shall define the general objectives for the freight corridor and ensure that the implementation plan is in line with these objectives. The Member States concerned shall set up an executive board for each corridor with that aim and shall authorise the corridor implementation plan by the governance body and supervise its execution. The individual members of the executive board shall be mandated by the competent Ministers.
Amendment 143 #
2008/0247(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Applicants for the use of the freight corridor shall be consulted by the governance body before the implementation plan is approved and when it is updated. In the event of a disagreement between the governance body and the applicants, the latter may contact the Commission, which shall consultcase of disagreement the latter may contact the executive board or the regulatory bodies of the corridor to reach a solution. The executive board shall inform the committee referred to in Article 18(1), in accordance with the procedure referred to in Article 18(2), on this matter on the conflicts and solutions reached.
Amendment 157 #
2008/0247(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The governance body shall put in place a one-stop shop for requests for train paths for freight trains crossing at least one border along the freight corridor. Individual infrastructure managers of a corridor may be assigned to function as the front office of the one-stop shop for the applicants requesting train paths.
Amendment 168 #
2008/0247(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The executive board, or where appropriate the Ministers for a corridor, having received a proposal from the governance body shall define and periodically update the standard categories of freight traffic, which shall be valid in the whole of the corridor. The governance body shall define the standard categories of freight traffic, which shall be valid in the whole of the freight corridor. At least one of these categories (hereinafter referred to as "priority freight") shall include goods whose transportation is very time-sensitive and which therefore require an efficient transport time and guaranteed punctuality.
Amendment 177 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Notwithstanding Article 20(2) of Directive 2001/14/EC, the infrastructure managers of the freightThe executive board of a corridor shall publish at least every three years, starting in the year following the decision to create a corridor ashall resferve the capacity needed for priority freight traffic for the coming financial year, prior to the annual exercise to define the working timetablered in Article 3, a coordination plan with the aim of facilitating international rail freight demand on the available capacity for the corridor in general and in particular for priority freight. This plan shall be based on the market study from the governance body as referred to in Article 18 of Directive 2001/14/EC and using as a basis the freight traffic observed and the market study defined in Article 5(1). 5(3), shall contain an analysis till what extend the market demand can be facilitated taking into account the socio-economic benefits of the different types of traffic (such as passenger/freight) and shall list implementation measures. The implementation measures may provide for regulatory measures, incentives and other measures to encourage optimal use of available capacity.
Amendment 188 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The infrastructure managers shall keep a reserve of capacity within the final working timetable to allow them to respond quickly and appropriately to ad hoc requests for capacity as referred to in Article 23 of Directive 2001/14/EC. This capacity must be sufficient to allow requests for train paths to be met while guaranteeing a sufficient level of quality for the allocated train path in terms of journey times on the train path and timetables adapted to freight traffic.
Amendment 192 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 211 #
2008/0247(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The rules of priority referred to in paragraph 1 above must at least provide that the train path allocated to a priority freight train complying with the initial provisions for its train path may neither be reallocated to another train, nor modified, except where the initial holder of the train path agrees to reallocation to another train or modification of the train pathshall be respected as far as possible.
Amendment 217 #
2008/0247(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The infrastructure managers for the freight corridor shall ensure consistency between the performance schemes along the freight corridor, as defined in Article 11 of Directive 2001/14/EC. This shall include, where applicable, incentives to retrofit freight wagons for noise. This shall not limit Member States which have corridors to introducing more progressive incentive schemes for retrofitting for freight.
Amendment 223 #
2008/0247(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The regulatory bodies referred to in Article 30 of Directive 2001/14/EC which are responsible for the freight corridor shall cooperate to supervise the international activities of the infrastructure managers and applicants in the freight corridor. They shall consult each other and exchange information. Where necessary, they shall request the necessary information from infrastructure managers in the Member State for which they are responsible. Infrastructure managers and any third parties that they may use international capacity allocation are obliged to provide without delay all the information for international train paths they allocate to their regulatory bodies.
Amendment 34 #
2008/0244(COD)
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) "application for international protection" means an application for international protection as defined in Article 2(g) of Directive 2004/83/EC;
Amendment 46 #
2008/0244(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 is in writing and, as far as possible, in a language that the applicants areunderstand or may reasonably supposbe presumed to understand. Where appropriate, this information may also be supplied orally.
Amendment 68 #
2008/0244(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Detained asylum seekers shall immediately be informed of the reasons for detention, the maximum duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they areunderstand or may reasonably supposbe presumed to understand.
Amendment 76 #
2008/0244(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that asylum seekers in detention are immediately provided with updated information on the rules which apply in the facility and set out their rights and obligations in a language they areunderstand or may reasonably supposbe presumed to understand.
Amendment 108 #
2008/0244(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall establish procedures in national legislation with a view to identifying, as soon as an application for international protection is lodged, whether the applicant has special needs and indicating the nature of such needs. Member States shall ensure adequate support for persons with special needs throughout the asylum procedure and shall provide for appropriate monitoring of their situation.
Amendment 105 #
2008/0243(COD)
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. Minors shall not be detained unless it is in their best interests, as prescribed in Article 76(3) of this Regulation and in accordance with an individual examination of their situation in accordance with Article 11(5) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers].
Amendment 39 #
2008/0242(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should provide for a system of effective, proportionate and dissuasive penalties to sanction the use of data recordentered in the Central System contrary to the purpose of EURODAC.
Amendment 54 #
2008/0242(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – introductory part
Article 23 – paragraph 1 – subparagraph 1 – introductory part
1. A person covered by this Regulation shall be informed by the Member State of origin in writing, and where appropriate, orally, in a language which he or she isunderstands or may reasonably supposbe presumed to understand of the following:
Amendment 55 #
2008/0242(COD)
Proposal for a regulation
Article 23 – paragraph 10
Article 23 – paragraph 10
10. In each Member State, the national supervisory authority shall, where appropriate, assist the data subject in accordance with Article 28(4) of Directive 95/46/EC in exercising his/her rights.
Amendment 45 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 1
Recital 1
(1) The promotion of sustainable transport is a key element of the common transport policy. To this end, the negative impacts of transport, in particular congestion, which impedes mobility, pollution, which creates health and environmental damage, and its contribution to climate change must be reduced. Moreover environmental protection requirements must be integrated into the definition and implementation of other Community policies, including the common transport policy.
Amendment 54 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In order to move towards a sustainable transport policy, transport prices should better reflect the costs related to traffic- based air pollution, traffic-based noise pollution, climate change and congestion caused by the actual use of vehicles, trains, planes or ships as a means of optimising the use of infrastructure, reducing local pollution, managing congestion and fighting against climate change at least cost for the economy. This calls for a stepwise approach in all transport modes, taking into account their particular characterguarantee that there will be no discrimination between different modes of transport by promoting an approach based on the simultaneous internalisaticson of external costs in all modes of goods transport.
Amendment 74 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 8
Recital 8
(8) The costs of traffic-based air and noise pollution and congestion, such as health costs, including medical care, crop losses and other loss of production, and welfare costs, are borne within the territory of the Member State in which the use of transport takes place. The polluter pays principle will be implemented through the external cost charging and this will also contribute to the reduction of external costs.
Amendment 88 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) Tolls based on distance travelled should be allowed to include an external cost element based on the cost of traffic- based air and noise pollution. Furthermore, on roads that are usually congested and during peak periods congestion costs which are mostly borne at local level should also be allowed to be recovered through the external cost charge. The external cost element included in tolls should be allowed to be added to the cost of infrastructure, provided that certain conditions are respected in the calculation of costs so as to avoid undue charging.
Amendment 101 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) To better reflect the cost of traffic- based air and noise pollution, and congestion, the external cost charge should vary according to the type of roads, type of vehicles and time periods such as daily, weekly or seasonal peak and off peak periods and night period.
Amendment 105 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) The smooth functioning of the internal market requires a Community framework in order to ensure that road charges set on the basis of the local cost of traffic-based air and noise pollution and congestion are transparent, proportionate and non-discriminatory. This requires common charging principles, calculation methods and unit values of external costs based on acknowledged scientific methods together with mechanisms for notifying and reporting tolling schemes to the Commission.
Amendment 117 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) In order to give the precedence to the construction of priorityroad projects of European interestaiming to reduce at source the external impact of road use on the section of the road on which the tax is levied, Member States which have the possibility of applying a mark-up should use this option before levying an external cost charge. To avoid an undue charging of users, an external cost charge should not be combined with a mark-up unless the external costs exceed the amount of the mark-up already levied. In such a case, it is thus appropriate that the amount of the mark-up should be deducted from the external cost charge.
Amendment 122 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) Where differentiated external cost charges are levied, a variation in the infrastructure charge for the purpose of reducing congestion, optimising the use of the infrastructure, minimising infrastructure damage or road safety would represent an undue burden on certain categories of users and should accordingly be precluded.
Amendment 131 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) For reasons of legal clarity, it should be specified where regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality are permitted.
Amendment 136 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 24
Recital 24
(24) In accordance with the transport policy objectives of this Directive, the additional revenue generated from an external cost charge should be used for projects with a broad Community interest and designerelated to road transport and that aim to reduce its external impact, to reinforce road safety and to promote sustainable mobility at large. Such projects should therefore relate to facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of road vehicles, and developing alternative infrastructure for transport usersor improving road infrastructure. It includes, for example, research and development on cleaner vehicles and the implementation of the transport part of the action plans under Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise, which may comprise measures to mitigate traffic-based noise and air pollution around large infrastructure and in agglomerations. Earmarking this revenue does not release Member States from the obligation laid down in Article 88(3) of the Treaty to notify the Commission of certain national measures, nor does it prejudge the outcome of any procedures initiated under Articles 87 and 88 of the Treaty.
Amendment 146 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) A comprehensive assessment of the experience acquired in those Member States which apply an external cost charge in accordance with this Directive should be sent in due time by the Commission to the European Parliament and the Council. This assessment should also include an analysis of progress in the strategy to fight climate change, including in defining a common fuel tax element related to climate change in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, including of the fuel used by heavy goods vehicles. In the light of this progress, the question of carbon dioxide emissions should be included and an analysis of any other further appropriate actions should be continued.
Amendment 147 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) A comprehensive assessment of the experience acquired in those Member States which apply an external cost charge in accordance with this Directive should be sent in due time by the Commission to the European Parliament and the Council. This assessment should also include an analysis of progress in the strategy to fight climate change, including in defining a common fuel tax element related to climate change in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, including of the fuel used by heavy goods vehicles. In the light of this progress, the question of carbon dioxide emissionsThis assessment should bealso included and an analysis of any other further appropriate actions should be continued progress report on the internalisation process for all modes of transport.
Amendment 152 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 27
Recital 27
(27) Article 55(2) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 provides that the revenue generated by charges borne directly by users must be considered in the determination of the funding-gap in the case of a revenue- generating project. However, since the revenue generated by an external cost charge is earmarked for projects aimed at reducing road transport pollution at the source, mitigating its effects, improving CO2 and energy performance of vehicles, and developing alternative infrastructure for transport usersor improving road infrastructure, it should not be considered in the calculation of the funding-gap.
Amendment 182 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e
Article 2 – point b e
Amendment 225 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7a – paragraph 1 – subparagraph 1
Article 7a – paragraph 1 – subparagraph 1
1. User charges shall be in proportion to the duration of the use made of the infrastructure and shall be available for the duration of a day, week, month and a year. In particular, the annual rate shall be no less than 80 times the daily rate, the monthly rate shall be no lessmore than 13 times the daily0% of the annual rate and the weekly rate shall be no lessmore than five times the daily2.7% of the annual rate.
Amendment 243 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.
Amendment 250 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested provided that equivalent charging is applied to other road sectors causing congestion.
Amendment 259 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 1
Article 7c – paragraph 1
1. The external cost charge shall vary according to the type of road and EURO emission class, and also according to the time period in cases where the charge includes the cost of congestion or traffic- based noise pollution.
Amendment 273 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 1 – introductory part
Article 7e – paragraph 1 – introductory part
1. In exceptional cases concerning infrastructure in mountainous regions, and after informing the Commission, a mark-up may be added to the infrastructure charge levied on specific road sections which are subject to acute congestion, or the use of which by vehicles is the cause of significant environmental damage, on condition that:
Amendment 276 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 1 – point a
Article 7e – paragraph 1 – point a
(a) the revenue generated from the mark-up is invested in financing the construction of priority projects of European interest, identified in Annex III to Decision No 1692/96/EC, which contribute directly to the alleviation of the congestion or environmental damage and which are located in the same corridor as the road section on which the mark-up is appliedr improvement of road infrastructure projects located in the same corridor as the road section on which the mark-up is applied and which contribute directly to the alleviation of the external impact of road use on the said road section;
Amendment 278 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 1 – point b
Article 7e – paragraph 1 – point b
(b) the mark-up does not exceed 15% of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7d except where the revenue generated is invested in cross-border sections of priority projects of European interest involving infrastructure in mountainous regions, in which case the mark-up may not exceed 25%;
Amendment 293 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 3 – introductory part
Article 7f – paragraph 3 – introductory part
3. Tolls which comprise only an infrastructure charge may also be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, on condition that:
Amendment 301 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 3 – point c
Article 7f – paragraph 3 – point c
(c) no toll is more than 1050% above the toll charged during the cheapest period of the day, type of day or season.
Amendment 350 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
1a. This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any urban road located in a built uproad, notably in urban areas, including trans-European road network roads crossing an urban area.
Amendment 354 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
1a. This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any urban road located in a built up area.
Amendment 364 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. A Member State in which an external cost charge is levied shall ensure that the revenue generated by the charge is earmarked for measures aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of vehicles, and developing alternative infrastructure for transport usersor improving road infrastructure.
Amendment 375 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a wholeIn order to achieve the dual of objective of clean and efficient road transport systems, revenue from charges shouldall be used to benefit the road transport sector and optimise the entireroad transport system.
Amendment 418 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) the possibility of adopting a revised classification of vehicles for the purposes of varying tolls taking into account the average impact on the environment, congestion and infrastructure, their CO2 and energy performance, and the practical and economic feasibility of levying and enforcing tolls; and
Amendment 432 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 1 – subparagraph 2 – bullet point 1
Annex IIIa – point 1 – subparagraph 2 – bullet point 1
vehicles’ use of the roads where the external cost charge is applied generates environmental damage and congestion higher than that generated on average on other parts of the road infrastructure network that are not subject to an external cost charge, or
Amendment 440 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 2
Annex IIIa – point 2 – subparagraph 2
Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period and to the various daily, weekly or seasonal peak periods during which a higher external cost charge may be imposed to reflect greater congestion or greater noise annoyance.
Amendment 445 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 3
Annex IIIa – point 2 – subparagraph 3
The classification of roads and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to congestion and pollution such as population density, and the yearly number of pollution peaks measured in accordance with Directive 96/62/EC, the average daily and hourly traffic and the level of service (percentage of the day or the year when road usage is close to or above capacity, average delays and/or queues lengths). The criteria used shall be included in the notification.
Amendment 447 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 2 – subparagraph 3
Annex IIIa – point 2 – subparagraph 3
The classification of roads and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to congestion and pollution such as population density, the yearly number of pollution peaks measured in accordance with Directive 96/62/EC, the average daily and hourly traffic and the level of service (percentage of the day or the year when road usage is close to or above capacity, average delays and/or queues lengths). The criteria used shall be included in the notification.
Amendment 450 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 1
Annex IIIa – point 3 – subparagraph 1
For each vehicle Euro class, type of road and time period, the independent authority shall determine a single specific amount. The resulting charging structure shall be transparent, openly published and available to all users on equal terms.
Amendment 451 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 3
Annex IIIa – point 3 – subparagraph 3
The charge shall also be set after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and solutions to mitigate these risks.
Amendment 455 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 4
Annex IIIa – point 3 – subparagraph 4
The independent authority shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport and in relieving congestion where it is applied. It shall regularly adjust the charging structure and the specific amount of the charge set for a given class of vehicle, type of road and period of time to the changes in transport demand.
Amendment 459 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 3 – subparagraph 4
Annex IIIa – point 3 – subparagraph 4
The independent authority shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport and in relieving congestion where it is applied. It shall regularly adjust the charging structure and the specific amount of the charge set for a given Euro class of vehicle, type of road and period of time to the changes in transport demand.
Amendment 464 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – title
Annex IIIa – point 4 – point 4.1 – table 1 – title
Table 1: AirMaximum pollution cost ofharge per vehicle (PCV)
Amendment 489 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – directly after table 1 (new)
Annex IIIa – point 4 – point 4.1 – directly after table 1 (new)
The values in Table 1 are maximum amounts which shall apply to any vehicle in a given class
Amendment 498 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – table 2 – title
Annex IIIa – point 4 – point 4.2 – table 2 – title
Table 2: Chargeable noise cost ofMaximum noise charge per vehicles (NCV)
Amendment 503 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – directly after table 2 (new)
Annex IIIa – point 4 – point 4.2 – directly after table 2 (new)
The values in Table 2 are maximum amounts which shall apply to any vehicle in a given class
Amendment 509 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3
Annex IIIa – point 4 – point 4.3
Point 4.3 is deleted
Amendment 519 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – table 3 – title
Annex IIIa – point 4 – point 4.3 – table 3 – title
Table 3: ChargeableMaximum congestion cost ofharge per vehicles (CCV)
Amendment 523 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – directly after table 3 (new)
Annex IIIa – point 4 – point 4.3 – directly after table 3 (new)
The values in Table 3 are maximum amounts which shall apply to any vehicle in a given class
Amendment 250 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modifications or adjustments. If effective non-discriminatory access is hampered by existing practices and/or procedures, measures must be taken to remove the obstacle, gradually or otherwise. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or require the provision of alternatives thereto.
Amendment 262 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities, pursuant to Directive 2000/78/EC and the UN Convention on the Rights of Persons with Disabilities. The burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 317 #
2008/0140(CNS)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall review carefully what provisions as referred to in points (a) and (b) exist when this Directive enters into force, so that clear baseline measurement is performed. They shall immediately inform the Commission of them.
Amendment 325 #
2008/0140(CNS)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. No later than ** years after the entry into force of this Directive, a comprehensive Community legal framework relating to non-discrimination must be in force in the form of a single Directive consolidating and thus replacing all existing Directives based on Article 13 of the EC Treaty, including this Directive. This new Directive shall provide for an equal level of protection for each ground for discrimination.
Amendment 146 #
2007/2145(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls for the harmonisatUrges the Commission, at European level of the criteria on the basis of which refugeend the Council in particular, to swiftly and ambitiously push Europe's forward looking stratus is granted, withegy in the field of asylum on the aim of equalising rates of recognition of that status across the Member States; notes that the current system is cplementation of Phase II, including revision of the directive on minimum standards on procedures in Member States for granting and withdrawing refugee status as well as the direacting an ‘asylum lottery’ as demonstrated by the way in which rve on minimum standards for the qualification and stateus of recognition of refugee status for similar groups of asylum seekers differ radically from one Member State to another; emphasises that these criteria must reflect high standards, not lowest common denominators, since the ability to receive and protect asylum seekers is an identifying featurethird country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, and the establishment of oura European societiesAsylum Support Office;
Amendment 149 #
2007/2145(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
Amendment 151 #
2007/2145(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 152 #
2007/2145(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
Amendment 153 #
2007/2145(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Points out that migrants who do not submit an application for asylum must also be received in specific, suitable facilities where they can be informed – with the aid of interpreters and specially trained cultural mediators – of their rights and the possibilities offered by the law of the host country, Community law and international agreements; emphasises that reception facilities must not take the form of detention centres;
Amendment 168 #
2007/2145(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
Amendment 170 #
2007/2145(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
Amendment 79 #
2007/0243(COD)
Proposal for a regulation
Article 7 - point (b)
Article 7 - point (b)
(b) wWhen such data result from the use of the distribution facilities of a CRS by a subscriber established in the territory of the European UnionCommunity, it shall include no identification either directly nor indirectly of that subscriber unless the subscriber and the system vendor agree the conditions for the appropriate use of such data. Participating carriers shall not use these data to influence the advice given by subscribers to their clients.
Amendment 85 #
2007/0243(COD)
Proposal for a regulation
Article 7 - point (b a) (new)
Article 7 - point (b a) (new)
(ba) The prohibition to identify subscribers under (b) applies to any marketing, booking and sales data on the carriage of passengers, offered for use or used in the territory of the Community by any undertaking which is a third party to the carriage, when the data is provided to a carrier that is not involved in the concerned carriage.
Amendment 120 #
2007/0243(COD)
Proposal for a regulation
Article 11 - paragraph 3
Article 11 - paragraph 3
3. Where special categories of data referred to under Article 8 of Directive 95/46/EC are involved, such data shall only be processed where the data subject has given his explicit consent to the processing of those data on an informed basis.
Amendment 125 #
2007/0243(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
11a. Where a system vendor operates databases in different capacities such as a CRS or a host for airlines, technical and organisational measures must be taken to prevent interconnection between the databases, and to ensure that personal data are only accessible for the specific purpose for which they were collected.
Amendment 22 #
2007/0229(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
Amendment 18 #
2007/0229(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) The conditions and criteria on the basis of which an application for a single permit can be rejected is laid down in national law including the obligation to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005. Those conditions and criteria should be objective and open to the public, so that a rejection can be verified.
Amendment 33 #
2007/0229(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and in accordance with future legislation in this field, such as the Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426).
Amendment 76 #
2007/0229(CNS)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community law. Those criteria shall be objective and open to the public, so that the decision can be verified.
Amendment 79 #
2007/0229(CNS)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the courtsmpetent authority of the Member State concerned designated in accordance with national law. The written notification shall specify the possible redress procedures available and the time-limit for taking action.
Amendment 51 #
2007/0228(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should provide for a flexible demand-driven entry system, based on objective criteria such as a minimum salary threshold comparable with the wage levels in the Member States and on professional qualifications. The definition of a common minimum denominator for the national wage threshold is necessary to ensure a minimum level of harmonisation in the admission conditions throughout the EU. Member States should fix their national threshold accordingly to the situation of their respective labour markets and their general immigration policies.
Amendment 54 #
2007/0228(CNS)
Proposal for a directive
Recital 11
Recital 11
(11) Derogations from the main scheme in terms of the salary threshold should be laid down for highly qualified applicants under 305 years of age who, due to their relatively limited professional experience and their position on the labour market, may not be in a position to fulfil the salary requirements of the main scheme or, for those who have acquired their higher education qualifications in the European Union.
Amendment 56 #
2007/0228(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) The occupational and geographical mobility of third-country highly qualified workers should be recognised as a primary mechanism for improving labour market efficiency, preventing skill shortages and offsetting regional imbalances. In order to respect the principle of Community preference and to avoid possible abuses of the system, the occupational mobility of a third-country highly qualified worker should be limited for the first two years of legal residence in a Member State.
Amendment 63 #
2007/0228(CNS)
Proposal for a directive
Article 2 - point b
Article 2 - point b
(b) "highly qualified employment" means the exercise of genuine and effective work under the direction of someone else for which a person is paid and for which higher education qualifications or at least three years of equivalerelevant professional experience is required;
Amendment 70 #
2007/0228(CNS)
Proposal for a directive
Article 2 - point g
Article 2 - point g
(g) "higher education qualifications for regulated professions" stands for any degree, diploma or other certificate issued by a competent authority attesting the successful completion of a higher education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution by the State in which it is situated. These qualifications are taken into account, for the purposes of this directive, on condition that the studies needed to acquire them lasted at least three years. For unregulated professions the employer shall decide the required level of higher education qualifications;
Amendment 74 #
2007/0228(CNS)
Proposal for a directive
Article 2 - point h
Article 2 - point h
(h) "higher professional qualifications" means qualifications attested by evidence of higher education qualifications or of at least three years of equivalein the case of regulated professions or relevant professional experience;
Amendment 80 #
2007/0228(CNS)
Proposal for a regulation
Article 3 - paragraph 2 - point b
Article 3 - paragraph 2 - point b
(b) who are refugees or have applied for recognition as refugees and whose application has not yet given rise to a final decision;
Amendment 84 #
2007/0228(CNS)
Proposal for a directive
Article 4 - paragraph 2
Article 4 - paragraph 2
2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions concerning conditions of entry and residence for persons to whom it applies, except for entry into the first Member State.
Amendment 86 #
2007/0228(CNS)
Proposal for a directive
Article 5 - paragraph 1 - point b
Article 5 - paragraph 1 - point b
(b) fulfil the conditions set out under national legislation for the exercise by EU citizens of the regulated profession specified in the work contract or binding job offer of work;
Amendment 87 #
2007/0228(CNS)
Proposal for a directive
Article 5 - paragraph 1 - point c
Article 5 - paragraph 1 - point c
Amendment 93 #
2007/0228(CNS)
Proposal for a directive
Article 5 - paragraph 2
Article 5 - paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to athe national salary threshold defined and published for the purpose by the Member States which shall be at least three times the minimum gross monthly wage as set by national law. Member States where minimum wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State, or to be in line with applicable collective agreements or practices in the relevant occupation branches.
Amendment 103 #
2007/0228(CNS)
Proposal for a directive
Article 6 - introductory part and point a
Article 6 - introductory part and point a
If the application is submitted by a third- country national of less than 305 years of age and holding higher education qualifications, the following derogations shall apply: (a) Member States shall consider fulfilled the condition set out in Article 5(2) if the gross monthly salary offered corresponds to at least two–thirds of the national salary threshold defined in accordance with Article 5(2);
Amendment 113 #
2007/0228(CNS)
Proposal for a directive
Article 8 - paragraph 2
Article 8 - paragraph 2
2. The initial validity of an EU Blue Card shall be of two years and shall be renewed for at least the samcorrespond to the duration. I of the work contract covers a period less than two, subject to a minimum of one years, the EU Blue Carand shall be issurenewed for the duration of the work contract plus three monthat least the same duration up to a maximum of 5 years.
Amendment 114 #
2007/0228(CNS)
Proposal for a directive
Article 8 - paragraph 5
Article 8 - paragraph 5
5. Holders of the EU Blue Card shall be entitled to the rights recognised to them and their family members by Articles 8, 10(2), 12, 13-19 and 21 ofin this Directive.
Amendment 118 #
2007/0228(CNS)
Proposal for a directive
Article 9 - paragraph 2
Article 9 - paragraph 2
Amendment 139 #
2007/0228(CNS)
Proposal for a directive
Article 15 - paragraph 2
Article 15 - paragraph 2
Amendment 143 #
2007/0228(CNS)
Proposal for a directive
Article 16 - paragraph 3
Article 16 - paragraph 3
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, residence permits for family members shall be granted at the latest within six months from the date on which the application was lodgedthe holder of an EU Blue Card and his or her family members shall be granted at the same time.
Amendment 149 #
2007/0228(CNS)
Proposal for a directive
Article 19 - paragraph 1
Article 19 - paragraph 1
1. After two years of legal residence in the first Member State as holder of an EU Blue Card, the person concerned and his/her family members shall be allowed to move to a Member State other than the first Member State for the purpose of highly qualified employment under the conditions set out in this Article.
Amendment 155 #
2007/0228(CNS)
Proposal for a directive
Article 19 - paragraph 5
Article 19 - paragraph 5
Amendment 157 #
2007/0228(CNS)
Proposal for a directive
Article 20 - paragraph 2
Article 20 - paragraph 2
2. In cases where a Member State decides to apply the restrictions on access to the labour market provided for in Article 14(3) of Directive 2003/109/EC, it shall give preference to holders of the residence permit "long-term resident – EC / EU Blue Card holder" over other third-country nationals applying to reside there for the same purposes in situations where two or more candidates are equally well qualified for the job.
Amendment 10 #
2007/0112(CNS)
Proposal for a directive – amending act
Article 1 - point 3 a (new)
Article 1 - point 3 a (new)
Directive 2003/109/EC
Article 5 – paragraph 1 – subparagraph 1 a
Article 5 – paragraph 1 – subparagraph 1 a
(3a) In Article 5(1), the following subparagraph shall be added: "Such requirement shall not apply to beneficiaries of international protection who do not have access to the labour market.".
Amendment 19 #
2007/0099(COD)
Article 8 – paragraph 2 – subparagraph 1
Amendment 22 #
2007/0099(COD)
Article 8 – paragraph 2 – subparagraph 2
Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any Member State under the condition that they are limited to one cabotage operation perin any Member State through which they pass after unloading goods in the host Member State within three days of the unladee context of an eintry into the territory of that Member State.ernational delivery.
Amendment 25 #
2007/0099(COD)
Article 8 – paragraph 2 a (new)
2a. The restrictions on the number and duration of cabotage operations shall gradually be lifted. Two years after this Regulation enters into force, the number of cabotage operations referred to in paragraph 2 shall be increased to seven. On 1 January 2014, all restrictions on the number and duration of cabotage operations shall be lifted.
Amendment 74 #
2007/0094(COD)
Proposal for a directive
Article 4 - paragraph 1 - point a
Article 4 - paragraph 1 - point a
(a) require the production by third-country nationals of a residence permit or another authorisation for stay valid for the period of the employment in question, or one which is valid at the start of employment and can be renewed for the remaining period of employment;
Amendment 76 #
2007/0094(COD)
Proposal for a directive
Article 4 - paragraph 2
Article 4 - paragraph 2
Amendment 82 #
2007/0094(COD)
Proposal for a directive
Article 6 - paragraph 2 - point a
Article 6 - paragraph 2 - point a
(a) financial penalties in relation to each illegally employed third-country national; , in which the average costs of return are reflected in the total amount;
Amendment 84 #
2007/0094(COD)
Proposal for a directive
Article 6 - paragraph 2 - point b
Article 6 - paragraph 2 - point b
Amendment 93 #
2007/0094(COD)
Proposal for a directive
Article 7 - paragraph 4
Article 7 - paragraph 4
4. In respect of criminal offences covered by Article 10(1)(c), Member States shall take the necessary measures to ensure that the execution of any return decision is postponed until the third-country national has received any back payment of their remuneration and other work-related financial entitlements recovered under paragraph 1(a).
Amendment 96 #
2007/0094(COD)
Proposal for a directive
Article 8 - introductory part
Article 8 - introductory part
8. Member States shall take the necessary measures to ensure that an employers acting in the course of business activities may also, if appropriateshall, if justified by the gravity of the situation or the percentage of illegally employed third- country nationals, be subject to the following measures:
Amendment 97 #
2007/0094(COD)
Proposal for a directive
Article 8 - point a
Article 8 - point a
(a) exclusion from entitlement to public benefits, aid or subsidies, including EU funding managed by Member States, for up to five years;
Amendment 101 #
2007/0094(COD)
Proposal for a directive
Article 8 - point d
Article 8 - point d
(d) temporary or permanent closure of the establishments that have been used to commit the infringement, or temporary or permanent withdrawal of a licence to conduct the business activity in question.
Amendment 111 #
2007/0094(COD)
Proposal for a directive
Article 10 - paragraph 1 - point c
Article 10 - paragraph 1 - point c
(c) the infringement is accompanied by particularly exploitative working conditions, such as violence, threats, intimidation, degrading treatment and/or a significant difference in working conditions from those enjoyed by legally employed workers; or
Amendment 118 #
2007/0094(COD)
Proposal for a directive
Article 13 - point a
Article 13 - point a
(a) exclusion from entitlement to public benefits or aid, including EU funding, also if managed by Member States;