829 Amendments of Jörg LEICHTFRIED
Amendment 110 #
2015/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the development of passenger and freight transport is largely dependent on the effective use of the various modes of transport, and that European transport policy should therefore be based on a shift towards the least polluting and most energy-efficient transport modes complemented by efficient co-modality; believes that this will lead to an optimal reallocation between the different transport modes, and will provide for interoperability within and between the modes, promote more sustainable transport and logistics chains and enhance seamless traffic flows across modes and nodes;
Amendment 128 #
2015/2005(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal to provide for the internalisation of the external costs, including congestion, of all modes of freight and passenger transport, applying common principles and taking into account the specificity of each mode; calls for concrete measures to ensure a wider application of the ‘user pays’ and ‘polluter pays’ principles, and a level playing field between transport modes;
Amendment 204 #
2015/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the deployment of intelligent transport systems is necessary to allow a more efficient use of the existing infrastructure and vehicles, and provide additional capacity without the time, cost and land- take required for the construction of new infrastructure; underlines the importance of interference-free radio communication in the deployment of intelligent transport systems for both infrastructure and vehicles;
Amendment 275 #
2015/2005(INI)
Motion for a resolution
Paragraph 14 – indent 1 a (new)
Paragraph 14 – indent 1 a (new)
- the adoption of additional road safety requirements for vans (such as N1 vehicles) in particular those related to professional activities, such as driving time, training for professional drivers or the installation of speed limitation devices,
Amendment 383 #
2015/2005(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Underlines the importance of interference-free radio frequencies for the achievement of the EU´s transport policy goals; calls on the European Commission to create, where necessary, the regulatory framework; calls on the Member States to enforce the existing framework;
Amendment 515 #
2015/2005(INI)
Motion for a resolution
Paragraph 27 – indent 1
Paragraph 27 – indent 1
Amendment 29 #
2015/0028(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) On 22 May 2014, the World Trade Organisation published the Reports of its Appellate Body in the appeals of the Panel Report, European Communities – Measures Prohibiting the Importation and Marketing of Seal Products (WT/DS400/AB/R; and WT/DS401/AB/R).
Amendment 30 #
2015/0028(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Article III.4 of the General Agreement on Tariffs and Trade 1994 provides that the products of the territory of any contracting party imported into the territory of any other contracting party are to be accorded treatment no less favourable than that accorded to like products of national origin.
Amendment 54 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 5
Article 3 – paragraph 5
5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to limprohibit the quantityplacing on the market of products resulting from that hunt that may be placed on the market.
Amendment 56 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Regulation (EC) No 1007/2009
Article 5 a (new)
Article 5 a (new)
(3a) The following article is inserted: "Article 5a Public information The Commission and Member States shall take appropriate measures to inform competent authorities, including customs officials in the Member States, and the public regarding market access in compliance with applicable legal rules of seal products resulting from hunts conducted by indigenous communities in accordance with Article 3(1)."
Amendment 57 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Regulation (EC) No 1007/2009
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
(3a) In Article 7, the following paragraph is added: "2a. Moreover, the Commission shall evaluate the impact of this Regulation on the economic, social and cultural development of Inuit communities in affected regions, and, by 31 December 2020, shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on its impact."
Amendment 48 #
2015/0009(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Comprehensive action is required to reverse the vicious circle created by a lack of investment. Structural reforms and fiscal responsibility are necessary preconditions for stimulating investment. Along with a renewed impetus towards investment financing, these preconditionsAlong with a renewed impetus towards investment financing, regulatory adjustment to create incentives for public investment can contribute to establishing a virtuous circle, where investment projects help support employment and demand and lead to a sustained increase in growth potential.
Amendment 50 #
2015/0009(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The investment environment within the Union should be improved by removing barriers to investment, reinforcing the Single Market and by enhancing the regulatory predictabilityframework in order to make it more flexible. The work of the EFSI, and investments across Europe generally, should benefit from this accompanying work.
Amendment 93 #
2015/0009(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To ensure accountability to European citizens, the EIB, the Chairperson of the EFSI Steering Group and the Managing Director of the EFSI Investment Committee should regularly report to the European Parliament and the Council on the progress and impact of the EFSI.
Amendment 106 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
The Chairperson together with the Managing Director of the Investment Committee, as referred to in Article 3, paragraph 4, shall speak at least once a year in a joint hearing of the Committees in the European Parliament to give a progress report of the EFSI activities.
Amendment 1 #
2014/2252(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the importance of the common commercial policy and EU economic relations with third countries and regional organisations for EU growth and jobs; is therefore of the view that the principle of proportionality and, where applicable, subsidiarity should be duly respected also in these policy areas, particularly when trade agreements are requirdetermined to be of a mixed nature;
Amendment 6 #
2014/2252(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need to determine howclarify in relation to the principle of subsidiarity should apply when trade policies include provisions on investments different fromthe division of competence when trade policies impact on different investments other thean foreign direct ones covered by the EU's exclusive competence under the common commercial policy as stated in the Treaty; notes namely the most recent controversies regarding, namely portfolio investments, as controversies persist in current Free Trade Agreements, like the Comprehensive Economic and Trade Agreement (CETA), the EU-Singapore Free Trade Agreement and the UN Convention on Transparency in Treaty- based Investor-State Arbitration; calls for respect for the proportionality principle to be enforced when bilateral safeguard clauses are negotiated and applied;
Amendment 9 #
2014/2252(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that Article 3 of the TFEU designates the common commercial policy as an integral area of exclusive Union competence which shall be based on uniform principles; notes that the principle of subsidiarity accordingly does not apply for the common commercial policy;
Amendment 12 #
2014/2252(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to unblock the UNCITRAL Convention on Transparency in Treaty-based Investor-State Arbitration in order for the Commission to sign the convention on behalf of the whole Union; deplores the current situation where some EU Member States are party to the convention while others are not; considers that this example clearly demonstrates the need for clarity on all sides on the scope of the Union's exclusive competence on foreign direct investment;
Amendment 13 #
2014/2252(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that different policies carried out by Member States as regards investment protection have led to the current situation where EU countries are party to some 1,400 bilateral investment treaties with, at times, different provisions which could lead to distortions within the single market and unequal treatment of EU investors abroad;
Amendment 14 #
2014/2252(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. With respect to EU financial assistance to other countries, namely macro-financial assistance, calls for a more in-depth ex- ante impact assessment regarding the proportionality of the proposed measures in order for the assistance to be efficient and genuinely helpful to our partners in need; insists on the necessity of establishing greater conditionality for disbursement of the assistance and proper control of the use of the funds, including measures in relation to the prevention of, and fight against, fraud and corruption, audits by the Court of Auditors and checks conducted by the European Anti-Fraud Office, and ensuring that the Union is entitled to full repayment of the loan where it has been established that the receiving country has engaged in fraud , corruption or other illegal activity detrimental to the Union's financial interests in the management of the Union's macro-financial assistance, and substantial scrutiny by Parliament;
Amendment 24 #
2014/2252(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points out the utmost importance of proper consultation, dialogue and involvement of citizens (starting at grass- roots level), businesses (namely SMEs) and civil society in the EU decision- making process for trade policy; stresses in this regard the fundamental importance of transparency in which trade negotiations are to be carried out.
Amendment 29 #
2014/2252(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes the referral of the EU- Singapore Free Trade Agreement to the Court of Justice for an opinion on the potential mixed character of the agreement and hopes that this opinion will be a way of progressing towards greater clarity regarding which features of EU trade negotiations touch on Member States' responsibility.
Amendment 9 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 18 #
2014/2228(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to respect the results of the public consultation process regarding the Investor to state dispute settlement mechanism in TTIP and to follow the proposals from the participants in the public consultation to take ISDS out of the agreement.
Amendment 22 #
2014/2228(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Requests the Commission to guarantee that TTIP will not require countries to liberalise or privatise public services, including transport services.
Amendment 34 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 37 #
2014/2228(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Insists that any lowering of European standards be ruled out; considers that the provisions on regulatory cooperation should include a stipulation to that effect;
Amendment 40 #
2014/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an ambitious and balanced agreement with the US may support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’'s GDP generated by industry from 15 % to 20 %; whereas it has the potential to create opportunities especially for SMEs, micro enterprises, according to the definition of Recommendation COM 2003/361/CE, clusters and enterprises networks which suffer more from non- tariff barriers (NTBs) than larger companies; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well;
Amendment 40 #
2014/2228(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises that public transport, as an integral component in the provision of services of general interest, is a sensitive sector with regard both to environmental targets and to the introduction of true costing;
Amendment 42 #
2014/2228(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for not only public services and social services but also specifically public transport, including local public transport, to be unequivocally excluded from all the provisions of the agreement; insists likewise that there should be no negative lists, so-called hybrid approaches or ratchet clauses; considers that trade agreements should not in any way restrict political margins for manoeuvre in maintaining and developing public services;
Amendment 45 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the severe restrictions in the US air transport sector regarding foreign ownership and control of airlines; deplores, furthermore, the imbalance between the restrictions on cabotage rights imposed by the US and the freedoms enjoyed by US airlines in Member States; questions seriously, in this respect, the validity of the reasoning by the US to maintain these restrictions based on national security considerations; therefore calls on the Commission to step up its efforts in the ongoing negotiations on the Air Agreement with the US and set up a parallel calendar for this negotiation.
Amendment 60 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that EU companies are hindered as regards market access for major transport infrastructure investments (such as railway projects) due to: (i) regulatory and standardisation barriers; and (ii) ‘Buy America’ provisions2 ; emphasises that this puts EU goods and services at a serious disadvantage; calls upon the Commission to address in the TTIP this protectionism by the US by pushing for the creation of a level playing field and establishing a new level of transparency in procurement with open and predictable procedural requirements. to ensure equal access for EU and US companies on each other´s market when biding for public tenders. __________________ 2Buy America Act, American Recovery and Reinvestment Act and the Surface Transportation Assistance Act.
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
e. Calls on the Commission to ensure that foreign investors from the EU are not disadvantaged in the USA, including in relation to investors from other third States (such as Canada, Mexicoare treated in a non- discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, Cwhina, India and TPP States), which already now, or in future on the basis of negotiations currently under way, enjoyle benefiting from no greater rights than domestic investors; to oppose the inclusion of ISDS in TTIP, as other options to enforce investorment protection and have access to mechanisms for the settlement of disputes between States and investorre available, such as domestic remedies;
Amendment 67 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Insists that competition at the expense of social and environmental standards must be ruled out; calls therefore for provisions requiring the ratification, transposition and application of the ILO’s core and other more comprehensive labour standards, with penalties for non- compliance; calls too for the observance of multilateral agreements, including the Kyoto Protocol, to be a binding requirement.
Amendment 112 #
2014/2228(INI)
Motion for a resolution
Recital E
Recital E
E. whereas many economic impact studies on TTIP should be taken with caution as they are built on computable general equilibrium economic models with very optimistic predictions about the capacity of the EU and the US to reduce regulatory barriers to trade; whereas the TTIP alone will not resolve economic problems in the EU and no false hopes and expectations should be raised in that respectthe real impact of TTIP on both EU and US economies is difficult to assess and hard to predict while negotiations are still ongoing; whereas there are contradictory economic impact studies on TTIP and they should be taken with caution as regards the capacity of the EU and the US to reduce regulatory barriers, unnecessary or unjustified, to trade and to support economic growth and job creation; whereas the TTIP alone will not resolve economic problems in the EU and no false hopes and expectations should be raised in that respect; whereas hopes and expectations on TTIP should be commensurate to the level of ambition that will be reached sector by sector in the negotiation;
Amendment 172 #
2014/2228(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the EU's commitment to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions and the Article 167 of the TFEU ensure and preserve the right of the EU and its Member States to establish and to implement cultural policies, as well as measures aimed at the protection and promotion of cultural diversity; whereas the United States are not signatories to the UNESCO convention;
Amendment 177 #
2014/2228(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas agriculture is at the heart of wider strategic issues such as food safety, sustainable development, societal choices and collective preferences and that the agricultural sectors in the EU and US differ considerably in many areas, such as consumer health aspects and food safety standards, including GMOs and hormone-treated meat;
Amendment 243 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
(i) to ensure that TTIP negotiations lead to a deep, comprehensive, ambitious, balanced and high-standard trade and investment agreement that would promote sustainable growth with shared benefits across EU Member States, support the creation of high-quality jobs for European workers, directly benefit European consumers by ensuring a high level of existing and future labour, social and environmental standards, fight tax evasion, tax avoidance and tax havens, increase international competitiveness, and open up new opportunities for EU companies, in particular SMEsmicro and SMEs, and contribute to attracting more foreign investments in the EU; the content of the agreement is more important than the speed of the negotiations, which should in any case take into account the developments in the global international arena;
Amendment 260 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
(ii) to emphasise that while the TTIP negotiations consist of negotiations on three main areas – ambitiously improving reciprocal market access (for goods, services, investment and public procurement at all levels of government), reducing NTBs and enhancing the compatibility of regulatory regimes, and developing common rules to address shared global trade challenges and opportunities – all these areas are equally important to be included in a comprehensive package; TTIP should be ambitious and binding on all levels of government on both sides of the Atlantic, the agreement should lead to lasting, fair, genuine market openness on a reciprocal basis and trade facilitation on the ground, and should pay particular attention to structural means of achieving greater transatlantic cooperation while upholding regulatory standards and preventing social and environmental dumping, including through a structured system of pre and post impact assessment and evaluation procedures, including a precise gender assessment;
Amendment 307 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
(i) to ensure that the market access offers in the different areas are equally ambitious and reflect both parties’' expectations, as market access for industrial goods, raw materials, energy, agricultural products, services and public procurement is equally important in all cases and a balance is needed between the different proposals for these areas;
Amendment 321 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
(ii) to aim at the elimination of all duty tariffs, while respecting sensitive products on both sides; on sensitive products, asks the Commission to provide an assessment of the concessions undertaken in all agreements already concluded and those under negotiation; sensitive products should be subject to a special and differential treatment which should consist on either maintaining the current tariff lines or excluding them from the negotiations;
Amendment 339 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
(iii) to keep in mind that there are important offensive interests for the EU in the services sector, for instance in the areaensure that the TTIP will in no way compromise Protocol No 26 TFEU which states that the shared values of the European Union in respect of services of general economic interest include in particular: the essential role and the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the needs of the users; the diversity between various services of gengineering, telecommunications and transport serviceeral economic interest and the differences in the needs and preferences of users that may result from different geographical, social or cultural situations; a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights;
Amendment 363 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
(iv) to increase market access for servicesensure that negotiations on services liberalisation must be pursued according to the ‘´positive list approach’ ‘whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded while ensuring that possible standstill and ratchet clauses only apply to non- discrimination provisions and allow for enough flexibility to bring services back into public controlo which liberalisation commitments apply are explicitly mentioned; the use of any form of ´negative list approach ‘and the incorporation of standstill and ratchet clauses is rejected;
Amendment 397 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
(vi) to ensure an adequate carve-out of sexplicit exclusion of public services from the scope of application of TTIP as referred to in article 14 TFEU, through the introduction of an extensitive services such as public services and public utiliticarve-out in the core text of the agreement of all public services, current and future, covering all non-economic Services of General Interest as well as Services of General Economic Interest (including water, healthbut not limited to water, health, social services, social security systems and education) allowing, to ensure that national and local authorities enough room for manoeuvre to legislate in retain the full ability to introduce, adopt, maintain or repeal any measures with regards to the commissioning, organisation, funding and provision of public services as provided in article 106 TFEU and Protocol 26 TFEU; this exclusion should apply whether the services in question are organised as a monopoly, operating under exclusive rights or otherwise, and whether public interest; aly and privately funded and/or organised; notes the joint declaration reflecting negotiators’' clear commitment to exclude these sectors from the negotiations would be very helpful in this regard; ;
Amendment 411 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi a (new)
Paragraph 1 – point b – point vi a (new)
(via) in particular, to adhere to the provisions of Article 168 TFEU: "Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care. The responsibilities of the Member States shall include the management of health services and medical care and the allocation of the resources assigned to them;
Amendment 427 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
(vii) to combine market access negotiations on financial services with convergence in financial regulation on the highest level, in order to support the introduction of necessary regulation to prevent financial crises and in order to support ongoing cooperation efforts in other international forums, such as the Basel Committee on Banking Supervision; to ensure that these cooperation efforts do not limit the EU and member states regulatory and supervisory sovereignty, including their ability to ban certain financial products and activities;
Amendment 445 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii
Paragraph 1 – point b – point viii
(viii) to ensure that the EU’s acquis on data privacy is not compromised through the liberalisation of data flows, in particular in the area of e-commerce and financial services; to ensure that no commitments on data flows are taken up before European data protection legislation is in place; to guarantee that any possible commitment taken on data flow is matched by extensive provisions on local presence and local content; therefore, recommends that the Commission takes immediate action to incorporate in the agreement a comprehensive, unambiguous and legally binding horizontal clause that fully exempts EU rules on the protection of personal data from all chapters of TTIP, with a reference to Article XIV of the GATS, and without any condition;
Amendment 453 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii a (new)
Paragraph 1 – point b – point viii a (new)
(viiia) to aim at the mutual recognition of professional qualifications in order to enable EU and US professionals to practice on either side of the Atlantic and to facilitate mobility of investors, professionals, high-skilled workers and technicians between the EU and the US in sectors covered by TTIP;
Amendment 472 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point x
Paragraph 1 – point b – point x
(x) to keep in mind that, as specified in the mandate, the agreement shouldall not riskcontain any provisions that prejudicinge the Union’'s cultural and linguistic diversity, including in; to therefore ensure that the audiovisual and cultural services sector, and thats well as existing and future provisions and policies in support of the cultural sector, in particular in the digital world, are kept out of the scope of the negotiations in accordance with the principle of technological neutrality, are kept out of the scope of the negotiations; to exclude subsidies or government support to audiovisual, educational and cultural services and its industries, including "digital products", from any commitments taken in chapters related to telecommunication, investment or e- commerce;
Amendment 489 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
(xi) to ensurake an ambitious approach to the tchat account is taken of the discrepancies in thepter on public procurement, with a view to remedying, in line with the principle of reciprocity, the major disparity currently existing in the degree of openness of the two public procurement markets on both sides of the Atlantic andand to significantly opening up the US market, still ruled under the Buy American Act of 1933 on the basis of the international undertakings entered into under the Agreement on Government Procurement (GPA) and of the removal of the restrictions currently applying at federal, state and administrative level alike in the United States; emphasises, in particular, the need to guarantee that undertakings entered into by the US federal authorities will be honoured at all political and administrative levels; to ensure that account is taken of the huge interest on the part of European companies in obtaining, notably SMEs, in obtaining non- discriminatory access to public contracts in the US both at federal and state level, for example for construction services, traffic infrastructure and goods and services while respecting sustainability criteria for procurement on both sides, inter alia; to ensure the compliance of the chapter with the new EU public procurement and concession package entering into force in 2016directives, notably as regards the definition of public-cooperation, exclusions, SMEs access and the use of the MEAT criteria;
Amendment 491 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
(xi) to ensure that account is taken of thtake into account that while discrepancies in the openness of public procurement markets on both sides of the Atlantic and the huge interest on the part of European companies in obtaining access to public contracts in the US both at federal and state leexist a further opening of public procurement markets would reduce policy space for governments as public procurement can be an important means to promote macro-economic objectivels, for example for construction services, traffic infrastructure and goods and services while respecting sustainabilitysuch as local development; in any case it must be unequivocally ensured that the application of social and environmental criteria for public procurement on both sides, inter alia the new EU procurement and concession package entering into force in 2016and the right to ´in-house’ provision as well as inter-municipal cooperation on both sides will not be restricted;
Amendment 507 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xii
Paragraph 1 – point b – point xii
(xii) to ensure that public authorities have the opportunity to adopt socially and ecologically responsible procurement policies, and that procurement provisions do not hinder the ability of public authorities to address societal and environmental needs; to ensure that public procurement policies are kept in line with ILO Convention 94 regarding labour clauses in public contracts; to promote EU-US cooperation at the international level in order to promote sustainability standards for public procurement, inter alia in the implementation of the recently revised Government Procurement Agreement;
Amendment 524 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiv
Paragraph 1 – point b – point xiv
(xiv) to ensure that the negotiations on rules of origin aim at reconciling the EU and US approaches; givenwhile guaranteeing the cnonclusion of the negotiations for the Comprehensive Economic and T-cumulation of already granted concessions in other trade Aagreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free trade agreement, the possibility and scope of cumulation will need to be considereds in order not to weaken the protection of sensitive products;
Amendment 546 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
(i) to ensure that the regulatory cooperation chapter promotes an effective, pro- competitive economic environment through the facilitation of trade and investment while developing and securing high levels of protection of health and safety, consumer, labour and environmental legislation and of the cultural diversity that exists within the EUsecures the highest level of protection of health and safety including food safety and quality, consumer, labour and environmental legislation and of the cultural diversity that exists within the EU while promoting an effective, pro- competitive economic environment through the facilitation of trade and investment; to reject any downward harmonisation of standards, or the mutual recognition of non-equivalent standards; to ensure that regulatory cooperation does not undermine the state's right to regulate; to ensure that the process of regulatory cooperation is designed in the most transparent and inclusive way possible, involving in particular social partners; negotiators on both sides need to identify and to be very clear about which regulatory meastechnical procedures and standards are fundamental and cannot be compromised, which ones can be the subject of a common approach, which are the areas where mutual recognition based on a common high standard and a strong system of market surveillance is desirable and which are those where simply an improved exchange of information is possible, based on the experience of one and a half years of ongoing talks; negotiators should ensure that regulatory cooperation will not translate in a slowdown of legislative processes and that it will not cover sectors excluded from the negotiation nor national or sub-central regulatory acts;
Amendment 560 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i a (new)
Paragraph 1 – point c – point i a (new)
(ia) to take into account the fact that non- tariff barriers (NTBs) constitute one of the main issues in the negotiations for the EU; to ensure that negotiations in this area are conducted with the highest standards of transparency, including an inventory of all NTBs that are likely to be lifted by the agreement; recalls that certain non-tariff barriers in Europe are directly linked to European citizens' collective preferences and lifestyles, and should therefore be kept;
Amendment 569 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
(ii) to base negotiations on SPS and TBT measures on the key principles of the multilateral SPS and TBT agreements; to aim in the first place at increasing transparency and openness, strengthening dialogue between regulators and strengthening cooperation in international standards-setting bodies; to recognise, in negotiations on SPS and TBT measures, the right of both parties to assess and to manage risk in accordance with the level either deems appropriate in order to protect human, animal or plant life or health; to respect and uphold the sensitivities and fundamental values of either side, such as the EU’s precautionary principleensure the consideration of other legitimate factors than risk assessment in food policy making, such as the farm to fork approach, and to verify, control and audit the implementation of their own SPS standards; to respect and uphold the sensitivities and fundamental values of either side, such as the EU’s precautionary principle and to ensure that parties will preserve the right to conduct a hazard- based approach, particularly with regards to cosmetics and chemicals;
Amendment 593 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point iii
Paragraph 1 – point c – point iii
(iii) with regard to the horizontal regulatory cooperation chapter, to give priority to fostering bilateral cooperation between regulatory bodies through enhanced information exchange and to promote the adoption, strengthening and timely implementation of international instruments, on the basis of successful international experiences such as, for instance, ISO standards or under the United Nations Economic Commission for Europe’'s (UNECE) World Forum for Harmonisation of Vehicle Regulations (WP.29); to establish that the prior impact assessment for the regulatory act, as defined in the horizontal provisions on regulatory cooperation, should also measure and prioritise the impact on consumers and, the environment next toand gender relations over its impact on trade and investment; to handle the possibility of promoting regulatory compatibility with great care and only without compromising legitimate regulatory and policy objectives;
Amendment 610 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
(v) to fully respect the established regulatory systems on both sides of the Atlantic, as well as the European Parliament’'s role within the EU’'s decision-making process and its democratic scrutiny over EU regulatory processes when creating the framework for future cooperation while at the same time being vigilant about a balanced involvement of stakeholders within the consultations included in the development of a regulatory proposal; in order to avoid that neither Party exercise any veto power before any regulatory proposal has been officially tabled by the other Party; to specify the role, the composition and the legal quality of the Regulatory Cooperation Council, taking into consideration that any direct and compulsory application of its recommendations would imply a breach of the law-making procedures laid down in the Treaties; to also oversee that it fully preserve the capacity of national, regional and local authorities to legislate their own policies, in particular social and environmental policies;
Amendment 634 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
(ii) to ensure that the sustainable development chapter is binding and enforceable and aims at the full and effective ratification, implementation and enforcement of the eight fundamental conventions of the International Labour Organisation (ILO) and their content, the ILO’s Decent Work Agenda and the core international environmental agreements; provisions should be aimed at improving levels of protection of labour and environmental standards; an ambitious trade and sustainable development chapter should also include rules on corporate social responsibility based on the Guidelines for Multinational Enterprises of the Organisation for Economic Cooperation and Development (OECD) and a clearly structured civil society involvement;
Amendment 640 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
(ii) to ensure that the sustainable development chapter aims atis binding and enforceable and makes the full and effective ratification, implementation and enforcement of the eight fundamental conventions of the International Labour Organisation (ILO) and their content, the ILO’s Decent Work Agenda and the core international environmental agreements a condition of the agreement; provisions should be aimed at improving levels of protection of labour and environmental standards; an ambitious trade and sustainable development chapter should also include rules on corporate social responsibility based on the Guidelines for Multinational Enterprises of the Organisation for Economic Cooperation and Development (OECD) and a clearly structured civil society involvement;
Amendment 649 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point iv
Paragraph 1 – point d – point iv
(iv) to ensure that labour and environmental standards are made enforceable, by building on the good experience of the EU-Korea free trade agreement and good and effective practices in the US’s free trade agreements and national legislation; to ensure that the implementation of and compliance with labour provisions is subjected to an effective monitoring process, involving social partners and civil society representatives; to ensure that the trade and sustainable development chapter is subject to the general dispute settlement mechanism contained in the future agreement;
Amendment 653 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point iv a (new)
Paragraph 1 – point d – point iv a (new)
(iva) requests the inclusion of a human rights clause used in many agreements to ensure that the principles of human rights and democracy are applied.
Amendment 656 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point iv b (new)
Paragraph 1 – point d – point iv b (new)
(ivb) stresses that trade agreements must under no circumstances be allowed to undermine labour and social law and collective agreement provisions. Possible negotiations on mode IV must be bound to functioning cross-border cooperation in administration and justice in Labour and Employment Law issues as a condition for the guarantee of collective agreement wages and working conditions. It must be possible to make any lack of enforcement by the contractual parties subject to dispute settlement including sanctions.
Amendment 665 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point v a (new)
Paragraph 1 – point d – point v a (new)
(va) to ensure that the place of work principle is guaranteed. National labour and social law as well as collective agreement provisions must be upheld in the case of temporary posting and placement of workers; the conditions of temporary postings and placement should be well defined in TTIP;
Amendment 669 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vi
Paragraph 1 – point d – point vi
(vi) to ensure that the economic, social, territorial and environmental impact of TTIP is examined through a thoroughcomprehensive trade sustainability impact assessment with clear involvement, consultation and participation of stakeholders and civil society, as well as local and regional authorities; asks the Commission to conduct comparative in- depth impact studies for each Member States;
Amendment 681 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vii
Paragraph 1 – point d – point vii
(vii) to ensure that in course of the negotiations the two sides examine ways to facilitate natural gas and oil exports, so that TTIP would abolish any existing export restrictions on energy between the two trading partners, thereby supporting a diversification of energy sources aiding the development a more secure energy mix;
Amendment 697 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point viii
Paragraph 1 – point d – point viii
(viii) to ensure that the right of either partner to govern the exploration and exploitation of energy sources as well as the right to govern production of energy remains untouched by any agreement, but that non- discrimination is applied once exploitation is decided; to keep in mind that nothing in the agreement should undermine legitimate national collective preferences, such as the prohibition of hydraulic fracturing, in accordance with the precautionary principle; access to raw materials as well as to energy should also be granted on a non-discriminatory basis for companies from either the EU or the US and quality standards for energy products must be respected;
Amendment 704 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point ix
Paragraph 1 – point d – point ix
(ix) to ensure that TTIP supports the use and promotion of green goods and services, thereby tapping into the considerable potential for environmental and economic gains offered by the transatlantic economytransition to a low-carbon, secure and competitive energy system. The transition of the energy system will only be possible with a significant development of renewable energy sources and reduction of energy demand through energy efficiency, thereby tapping into the considerable potential for creating new jobs in the "green economy", fostering economic growth and protecting the environment;
Amendment 714 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point x
Paragraph 1 – point d – point x
(x) to ensure that TTIP serves as a forum for the development of common ambitious sustainability standards for energy production, always taking into account and adhering to existing standards on both sides; to steps up efforts for research and innovation, including in Energy R&I, and explore ways of cooperating with large scale energy research and development projects, such as the U.S, Advanced Research Projects Agency-Energy (ARPA-E), to help increase energy innovation in this field for both sides; to ensure that TTIP also serves as a forum for the exchange of knowledge and information to collect data and address barriers hindering the uptake of low- carbon and environmentally friendly technologies;
Amendment 735 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xii
Paragraph 1 – point d – point xii
(xii) to ensure that, should TTIP contains a comprehensive chapter on investment it includinges provisions on both market access and investment protection; thean investment chapter should aim at ensuring non- discriminatory treatment for the establishment of European and US companies in each other’s territory, while taking account of the sensitive nature of some specific sectors; it should also address investors' obligations and responsibilities by referring, inter alia, to the OECD principles for multinational enterprises, the OECD Base Erosion and Profit Shifting (BEPS) action plan and to the UN principles on Business and human rights as benchmarks;
Amendment 745 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiii
Paragraph 1 – point d – point xiii
(xiii) to ensure that investment protection provisions are limited to post- establishment provisions and focus on non- discrimination and fair and equitable treatment; standards of protection and definitions of investor and investment should be drawn up in a precise manner; stresses that substantive provisions shall, inter alia, protect the right to regulate in the public interest, clarify the meaning of indirect expropriation and prevent unfounded or frivolous claims; free transfer of capital should be in line with the EU treaty provisions and should include a prudential carve-out in the case of financial crises;
Amendment 762 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved withoutle benefiting from no greater rights than domestic investors; to oppose the inclusion of an ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputin TTIP, as other options to enforce investment protection are available, such as domestic remedies;
Amendment 791 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv
Paragraph 1 – point d – point xv
(xv) to ensure that TTIP includes an ambitious balanced Intellectual Property Rights (IPR) chapter that includes stronga limited amount of protection of precisely and clearly defined areas of IPR, including enhanced protection and recognition of European Geographical Indications (GIs), and reflects a fair and efficient level of protection such as laid out in the EU’s and the US’s free trade agreement provisions in this area, while continuing to confirm the existing flexibilities in the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS), notably in the area of public health by ensuring affordable prices for medicines, medical devices and health services; to ensure that patents are excluded from diagnostic, therapeutic and chirurgical methods; to ensure strong protection and recognition of European Geographical Indications (GIs), which guarantee the origin and the full traceability of products for consumers and protect the know-how of producers;
Amendment 803 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv a (new)
Paragraph 1 – point d – point xv a (new)
(xva) to include in the negotiations the agreement on wine between the EU and the United States concluded in 2006, and to remove in this sectoral agreement the 17 designations on semi-generic names;
Amendment 826 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point i
Paragraph 1 – point e – point i
(i) to continue ongoing efforts to increase transparency in the negotiations by making more negotiation proposals available to the general publicimplement all the recommendations of the European Ombudsman to further enhance the legitimacy and transparency of the negotiating process by fully complying with the rules on public access to documents; to continue ongoing efforts to increase transparency in the negotiations by making more negotiation proposals available more proactively and comprehensively to the general public on its website, and by ensuring more balanced and transparent public participation;
Amendment 836 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point ii
Paragraph 1 – point e – point ii
(ii) to translate these transparency efforts into meaningful practical results, inter alia by reaching meaningful arrangements with the US side to improve transparency, including access to all negotiating documents, inter alia consolidated texts and minutes from meetings, in order to allow Members of Parliament and the Member States to develop constructive discussions with stakeholders and the public; parties to the negotiations should justify any request not to disclose a negotiating proposal;
Amendment 844 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point iii
Paragraph 1 – point e – point iii
(iii) to promote an even closer engagement with the Member States with the aim of forging their active involvement in better communicating the scope and the possible benefitimplications of the agreement for European citizens and in order to ensure a broad, fact-based public debate on TTIP in Europe with the aim of exploring the genuine concerns surrounding the agreement;
Amendment 860 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point e – point iv a (new)
Paragraph 1 – point e – point iv a (new)
(iva) to fully involve National Parliaments and keep them regularly informed on the negotiations, especially since, given the scope of the ambition for the agreement, it is likely TTIP will be considered a 'mixed- type' agreement and thus require a ratification process in EU Member States including, in some cases, at the regional level;
Amendment 28 #
2014/0059(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and goldfor natural resources originating in conflict-affected and high- risk areas
Amendment 34 #
2014/0059(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Natural mineral resources in conflict- affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. Women and children are disproportionately affected by these conflicts, and are the victims of systematic physical and sexual violence, recognised as an international war crime and used as a weapon of war by armed groups. In these areas, breaking the nexus between conflict and illegal exploitation of mineralnatural resources is critical to peace and stability.
Amendment 38 #
2014/0059(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Human rights abuses are common within the extractive industry and include child labour, sexual violence, the disappearance of people, violation of the right to a clean environment, loss of land and livelihoods without negotiation and without adequate compensation, forced resettlement and the destruction of ritually or culturally significant sites.
Amendment 41 #
2014/0059(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Disputes over oil, gas, minerals, timber and other natural resources rank second as a source of conflicts worldwide; competition over resources, such as land and water, is on the rise, and exacerbating existing conflicts or triggering new ones; the mismanagement of land and natural resources is compounded by environmental degradation, population growth and climate change.
Amendment 44 #
2014/0059(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The issue concerns resource-rich regions where the challenge posed by the desire to minimise the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations, including women's organisations that are at the forefront of drawing attention to the exploitative conditions imposed by these groups as well as to rape and violence used to control local populations.
Amendment 49 #
2014/0059(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been actively engaged in an Organisation for Economic Co- operation and Development (OECD) initiative to advance the responsible sourcing of minerals from conflict regions, which has resulted in a government-backed multi-stakeholder process leading to the adoption of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (OECD Due Diligence Guidance5 ) including supplements on tin, tantalum and tungsten, and on gold. In May 2011, the OECD Ministerial Council recommended to actively promote the observance of this Guidance. __________________ 5 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en.
Amendment 54 #
2014/0059(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 59 #
2014/0059(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) On 26 February 2014, the European Parliament adopted a resolution on promoting development through responsible business practices, including the role of extractive industries in developing countries, in which the Commission is requested to bring forward binding legislation on conflict minerals.
Amendment 65 #
2014/0059(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Union citizens and civil society actors have raised awareness with respect to companies operating under the Union's jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of mineralnatural resources from conflict regions. The consequence is that such mineralnatural resources, potentially present in consumer products, link consumers to conflicts outside the Union. As such, consumers are indirectly linked to conflicts that have severe impacts on human rights, notably the rights of women as armed groups often use mass rape as a deliberate strategy to intimidate and control local populations in order to protect their interests. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD.
Amendment 70 #
2014/0059(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the context of this Regulation, and in line with the OECD Due Diligence Guidance, supply chain due diligence is an on-going, proactive and reactive process through which business operators monitor and administer their purchases and sales with a view to ensuring that they respect human rights and do not contribute to conflict and adverse impacts thereof.
Amendment 73 #
2014/0059(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Consistently with the OECD Due Diligence Guidance, companies should take reasonable steps and make good faith efforts to conduct due diligence to identify and prevent or mitigate any risks of adverse impacts associated with the conditions of access to natural resources and the relationship of suppliers operating in conflict-affected or high-risk areas.
Amendment 79 #
2014/0059(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 90 #
2014/0059(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently awaConsistent with the OECD Guidance it is recognized that due diligence in conflict- affected and high-risk areas presents practical challenges and that flexibility is there for ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commission. e needed in the application thereof. The nature and extent of due diligence that is appropriate for an enterprises' individual circumstances depend on a number of factors, including its size and position in the supply chain, fully taking account of the challenges faced by micro-small and middle size enterprises.
Amendment 100 #
2014/0059(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Smelters and refiners are an importantrecognised choke points in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral's origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practices. their respective supply chains with substantial influence over the due diligence that is conducted along the supply chain in the sourcing countries. A Union list of responsible choke-point actors could therefore provide transparency and certainty to companies in the downstream with a view to carrying out supply chain due diligence practices. Consistently with the OECD Due Diligence Guidance, choke-point actors should undergo independent third-party audit of their supply chain due diligence practices, also with a view to being included in the list of responsible actors. Choke point actors based outside the European Union should also have a possibility for being included in the list to ensure its global scope.
Amendment 111 #
2014/0059(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Member State competent authorities are responsible to ensure the uniform compliance ofwith the self- certification of responsible importers by carrying out appropriate ex-post checks so as to verify whether the self-certified responsible importers of the minerals and/or metals within the scope of the Regulation comply with the supply chain due diligence obligationobligation of operators to carry out due diligence by carrying out appropriate ex-post checks. Records of such checks should be kept for at least 5 years. Member States are responsible to lay down the rules applicable to infringements of the provisions of this Regulation.
Amendment 116 #
2014/0059(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) With a view to enhancing the effective implementation of this regulation, and addressing development needs directly linked to the exploitation of natural resources originating in conflict- affected and high-risk areas, accompanying measures will be implemented. The European Commission and the European External Action Service will apply and further develop an integrated EU approach to responsible sourcing as initiated in the Joint Communication to the European Parliament and the Council "Responsible sourcing of minerals originating in conflict-affected and high-risk areas. Towards an integrated EU approach" (JOIN (2014) 8). In particular, the promotion of responsible sourcing of natural resources originating from conflict-affected and high-risk areas and the establishment of national and international due diligence frameworks for responsible sourcing will be integrated into internal and external policies and in particular into political and policy dialogues with partner countries, local authorities and private stakeholders. Particular attention will be given to addressing the contribution and challenges of the artisanal and informal mining sector for local livelihoods and sustainable development.
Amendment 120 #
2014/0059(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the proper implementationxpand the natural resources scope of this Rregulation, implementing powers should be conferred on the Commission. The implementing powers relating to the list of responsible smelters and refiners and the list of Member State competent authorities should be exercised in accordance with Regulation (EU) No 182/201111 . __________________ 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)the Commission shall be empowered to adopt delegated acts in accordance with Article 290 TFEU, following the provisions lined out in this regulation.
Amendment 128 #
2014/0059(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every six years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures,
Amendment 136 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a Union system for supply chain due diligence self- certification in order to curtail opportunities for armed groups and security fothe sourcing, transport and trade of natural resources12 to trade in tin, tantalfund conflict and/or fuel hum and tungsten, their ores, and gold. It is designed to provide transparency and certaint rights violations or abuses. It is designed to increase certainty and transparency as regards the supply practices of importers, smelters and refinercompanies sourcing from conflict-affected and high- risk areas. __________________ 12'Armed groups and security forces' as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict- Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050- en, and help them respect human rights and avoid contributing to conflict through their activities and sourcing decisions.
Amendment 147 #
2014/0059(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 156 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'minerals' means ores and concentrates containing tin, tantalum and tungsten, and gold as set out in the Annex Icovered resources' means all natural resources as set out in Annex I, as may be amended or replaced from time to time in accordance with this Regulation;
Amendment 172 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'metals' means metals containing or consisting of trecycled resources' means reclaimed end-user or post-consumer products, or scrap processed resources created during product manufacturing, tantalum, tungsten and gold as set out in the Annex I;including excess, obsolete, defective, and scrap materials which contain refined or processed resources that are appropriate to recycle in the production of any material. Minerals partially processed, unprocessed or a bi-product from another ore are not recycled resources.
Amendment 176 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) 'mineralresources supply chain' means the system of activities, organisations, actors, technology, information, resources and services involved in moving and processing the mineralcovered resources from the extraction site to their incorporation in the final product;
Amendment 183 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) 'chain of custody or supply chain traceability system' means a system to identify and record of the sequence of entities which have custody of minerals and metalcovered resources as they move through athe supply chain;
Amendment 191 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'conflict-affected and high-risk areas' means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abusesdentified by the presence of armed conflict, widespread violence or other risks of harm to people and, for these purposes, it is recognized that: (i) armed conflict may take a variety of forms, such as a conflict of international or non-international character, which may involve two or more states, or may consist of wars of liberation, or insurgencies, civil wars, etc.; and (ii) high-risk areas may include areas of political instability or repression, institutional weakness, insecurity, collapse of civil infrastructure and widespread violence, both of which areas are often characterised by widespread human rights abuses and violations of national or international law;
Amendment 196 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'downstream' means the metalresources supply chain from the smelters or refinerschoke points of transformation and traceability to the end use;
Amendment 201 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) 'importedownstream operator' means any natural or legal person declaring minerals or metals within the scope of this Regulation for releasethat places any product comprising or containing covered resources for frethe cfirculation within the meaning of Article 79 of Council Regulation (EEC) No 2913/199213 ; __________________ 13Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).st time on the internal market for distribution or use in the course of commercial activities;
Amendment 211 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) 'responsible importer' means any importer who chooses to self-certify according to the rules set out in this Regulationupstream' means the natural resource supply chain from the sourcing sites to the final choke points of transformation and traceability;
Amendment 217 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) 'self-certification' means the act of declaring one's adherence to the obligations relating to management systems, risk management, third-party audits and disclosure as set out in this Regulationupstream actor' means any natural or legal person operating at a choke point of transformation and traceability in a resources supply chain, such as smelters, refiners and raw materials exchanges;
Amendment 219 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'upstream operator' means any upstream actor that places any covered resource for the first time on the internal market for distribution or use in the course of commercial activities;
Amendment 222 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) 'grievance mechanism' means an early- warning risk awareness mechanism allowing any interested party or whistle- blower to voice concerns regarding the circumstances of mineralresource extraction, trade, handling and export in respect of resources originating in conflict-affected and high-risk areas;
Amendment 233 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) 'model supply chain policy' conforms tomeans the model supply chain policy in Annex II of the OECD Due Diligence Guidance outlining the risks of significant adverse impacts which may be associated with the extraction, trade, handling and export of minerals from conflict-affected and high risk areas;
Amendment 236 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point l
Article 2 – paragraph 1 – point l
(l) 'risk management plan' means the importeoperators' written response to the identified supply chain risks based onidentified under Article 5(a), in accordance with Annex III to the OECD Due Diligence Guidance14 ; __________________ 14 OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013), http://dx.doi.org/10.1787/9789264185050- en.
Amendment 241 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) 'supply chain due diligence' refers to the obligations of responsible importers of tin, tantalum and tungsten, their ores, and goldoperators in relation to their management systems, risk management, third-party audits and disclosure of information as appropriate with a view to identifying, and addressing and reporting on actual and potential risks linked to conflict- affected and high risk- areas to prevent or mitigate adverse impacts associated with their sourcing activities;
Amendment 244 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) 'responsible smelters upstream actor' refiners' means smelters or refiners in the supply chain of the to any upstream actor that complies with the OECD Due Diligence Guidance and has submitted audited responsible importerrts in accordance with Article 7 (3) or 7 (7);
Amendment 252 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) 'business confidentiality and other competitiveness concerns' means price information and supplier relationships without prejudice to subsequent evolving interpretation; all information will be disclosed to any institutionalised mechanism, regional or global, once in place with the mandate to collect and process information on minerals from conflict-affected and high-risk areas.
Amendment 255 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
Article 2 – paragraph 1 – point q b (new)
(qb) 'microenterprise', as defined in the Commission recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises C (2003) 1422, means an enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.
Amendment 257 #
2014/0059(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
Article 2 – paragraph 1 – point q c (new)
(qc) 'OECD Due Diligence Guidance' means the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013)) including all Council decisions, Annexes and Supplements, as each may be amended or replaced periodically.
Amendment 262 #
2014/0059(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Amendment 270 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any importer of minerals or metals within the scope of the Regulation may self-certify as responsible importer by declaring to a Member State competent authority that it adheres to the supply chain due diligence obligations set out in this Regulation. The declaration shall contain documentation in which the importer confirms its adherence to the obligations including results of the independent third-party audits carried out. Operators shall take all reasonable steps and make good faith efforts to conduct their due diligence obligations pursuant to Article 4 and 5. Each operator shall ensure that they make progressive, measurable and timely improvement in complying with its obligations. The nature and extent of specific due diligence that is appropriate depends on individual circumstances and is affected by factors such as an operator's position in the supply chain, the size of the operator, the location of the operator's activities, the situation in a particular country, the sector and nature of the products or services involved. Particular attention shall be given to the situation of micro-small and medium sized downstream operators.
Amendment 275 #
2014/0059(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 285 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Amendment 291 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) adopt and clearly and systematically communicate to suppliers and the public its supply chain policy for the minerals and metalcovered resources potentially originating from conflict- affected and high-risk areas,
Amendment 301 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) strengthen its engagement with suppliers, inter alia, by incorporating its supply chain policy into contracts and agreements with suppliers consistent with Annex II to the OECD Due Diligence Guidance, and, where possible, assist suppliers in building capacities with a view to improving due diligence performance,
Amendment 308 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – introductory part
Article 4 – paragraph 1 – point f – introductory part
(f) as regards minerals, operate a chain of custody or supply chain traceability system that provides, supported by documentation, the following information:
Amendment 309 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point i
Article 4 – paragraph 1 – point f – point i
(i) description of the mineralresource, including its trade name and type,
Amendment 311 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point iii
Article 4 – paragraph 1 – point f – point iii
(iii) country of origin of the mineralsresource,
Amendment 313 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point iv
Article 4 – paragraph 1 – point f – point iv
(iv) quantities and dates of extractionsourcing, expressed in volume or weight,
Amendment 315 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point v
Article 4 – paragraph 1 – point f – point v
(v) when mineralresources originate from conflict- affected and high-risk areas, additional information, such as the minsite of mineral origin; locations where mineralresources are consolidated, traded and processed; and taxes, fees, royalties paid, in accordance with the specific recommendations for upstream companies as set out in the OECD Due Diligence Guidance.
Amendment 318 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
Amendment 323 #
2014/0059(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Any downstream operator shall comply with the obligations set out in paragraph 1a)-e) of this Article and establish a system of controls and transparency over the resources supply chain in accordance with the OECD Due Diligence Guidance, including in order to identify the upstream actors in its supply chain, which may be implemented through participation in industry-driven programs.
Amendment 324 #
2014/0059(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b Where an upstream and downstream operator can reasonably conclude that resources are derived only from recycled or scrap sources, it shall: (a) publicly disclose their determination; and (b) describe in reasonable detail the due diligence measures they exercised in making that determination.
Amendment 328 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The responsible importer of the minerals or metalsAny upstream operator shall, in accordance within the scope of this Regulation shallOECD Due Diligence Guidance:
Amendment 332 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) identify and assess the risks of adverse impacts in its mineral supply chain oin the basis of the information provided pursuant to Article 4 against the standards of its supply chain policy, consistent with Annex II and the due diligence recommendations of the OECD Due Diligence Guidancelight of the standards of its supply chain policy, and its supply chain due diligence obligations,
Amendment 335 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) implement a strategy to respond to the identified risks designed so as to prevent or mitigate adverse impacts, including by
Amendment 340 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) devising and adopting a risk management measuresplan consistent with Annex II and the due diligence recommendations of the OECD Due Diligence Guidance, considering its ability to influence, and where necessary take steps to put pressurbuild leverage on suppliers who can most effectively prevent or mitigate the identified risk, by making it possible either to
Amendment 346 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. If a responsible importen upstream operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade, it shall, in accordance with the OECD Due Diligence Guidance, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 351 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A responsible importen upstream operator shall, in order to design conflict and high-risk sensitive strategies for mitigation in the risk management plan, relydraw on the measures and indicators under Annex III of the OECD Due Diligence Guidance and measure progressive improvement.
Amendment 353 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 a (new)
Article 5 – paragraph 3 – subparagraph 1 a (new)
Any downstream operator shall identify and assess the risks in its resources supply chain in accordance with paragraph 1(a) by: a) identifying, to its best efforts, the upstream actors in its resources supply chain; and b) assessing, to its best efforts, the due diligence practices of those upstream actors on the basis of any available audited reports and/or, as appropriate, other relevant information.
Amendment 356 #
2014/0059(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. If a downstream operator pursues risk mitigation efforts while continuing trade or temporarily suspending trade it shall, in accordance with the OECD Due Diligence Guidance and, where appropriate, consult with suppliers and affected stakeholders, including local and central government authorities, international or civil society organisations and affected third parties, and agree on a strategy for measurable risk mitigation in the risk management plan.
Amendment 360 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 366 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 371 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) include in the audit scope all of the responsible importeoperator's activities, processes and systems used to implement supply chain due diligence regarding minerals or metals within the scope of the Regulation, including the responsible importecovered resources including the operator's management system, risk management, and disclosure of information,
Amendment 376 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) determine as the objective of the audit the conformity of the responsible importeoperator's supply chain due diligence practices with its obligations under Articles 4, 5 and 7 of this Regulation,
Amendment 380 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) respect the audit principles of independence, competence and accountability and any applicable audit scope, criteria and activities, as set out in the OECD Due Diligence Guidance.
Amendment 383 #
2014/0059(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Operators may cooperate through their industry organizations to ensure that the independent third-part audit is carried out in accordance with paragraph 2.
Amendment 391 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. By 31 March of each year at the latest, the responsible importer of minerals or metals within the scope of this Regulationall operators shall submit to the Member State competent authority the following documentation covering the previous year's calendar period:
Amendment 396 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 400 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 31 March of each year at the latest, the responsible importer of minerals within the scope of this Regulationdownstream operators shall also submit to the Member State competent authority themanagement reports containing the following documentation covering the previous year's calendar period as regards the proportion of minerals originating from conflict-affected and high-risk areas relative to the total amount of minerals purchased, as confirmed by independent third-party audits in accordance with Article 6 of this Regulation: (a) the operator's supply chain due diligence policy, including the operator's management structure responsible for its due diligence and the person directly responsible; (b) the operator's system of control and transparency over the resources supply chain, including the steps taken to identify upstream actors in the supply chain and to assess their due diligence practices; (c) name and address of each of the upstream actors in its supply chain, as identified by the operator in accordance with Article 4 and 5, (d) independent third-party audits regarding each of the upstream actors in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of the Regulation, as identified by the operator in accordance with article 4 and 5, (e) potential or actual risks identified by the operator and action taken by the operator to manage risks during the reporting period in accordance with Article 5, (f) action taken by the operator to strengthen its due diligence efforts during the reporting period.
Amendment 417 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. By 31 March of each year at the latest, the responsible importer of metals within the scope of this Regulationupstream operators shall also submit to the Member State competent authority the following documentation covering the previous year's calendar period:
Amendment 421 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
Amendment 426 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) independent third-party audits regarding each of the responsible smelters or refiners in its supply chain carried out in accordance with the scope, objective and principles set out in Article 6 of theis Regulation,; and
Amendment 430 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) information on the proportion of mineralresources originating from conflict- affected and high-risk areas relative to the total amount of mineralresources purchased by each of those smelters or refiners, as confirmed by the independent third-party audits in accordance with Article 6 of this Regulation.
Amendment 434 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The responsible importer of minerals or metals within the scope of this RegulationOperators shall make available to itstheir immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence with due regard to business confidentiality and other competitive concerns, in accordance with the OECD Due Diligence Guidance.
Amendment 439 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The responsible importer of minerals or metals within the scope of this RegulationOperators shall publicly report as widely as possible, including on the internet and on an annual basis on itstheir supply chain due diligence policies and practices for responsible sourcing. The report shall contain the steps taken by the responsible importeoperator to implement the obligations as regards its management system, risk management set out in Article 4 and 5 respectively, as well as a summary report of theny independent third-party audits, including the n of upstreame of the auditor,perators in the operators' supply chain with due regard to business confidentiality and other competitive concerns.
Amendment 443 #
2014/0059(COD)
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Responsible upstream actors outside the territory of the European Union may, for the purpose of being included in a Member State competent authority's reports under Article 15(1) and the list referred to in Article 8, submit to that authority: (a) documentation in accordance with paragraphs 1 and 3 above; and (b) a written declaration of conformity with the OECD Due Diligence Guidance, also containing its name, address, full contact details and a description of its commercial activities.
Amendment 449 #
2014/0059(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
List of responsible smelters and refineupstream actors
Amendment 454 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this Regulationupstream actors.
Amendment 458 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refineupstream actors that source – at least partially – from conflict- affected and high- risk areas.
Amendment 463 #
2014/0059(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall update the information included in the list in a timely manner but no later than every six months. The Commission shall remove from the list the names of the smelters and refineupstream actors that are no longer recognised as responsible importeupstream actors by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers.
Amendment 474 #
2014/0059(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Ex-post checks on responsible importeoperators
Amendment 481 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metalthat operators within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7.
Amendment 491 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) examination of the responsible importeoperator's implementation of supply chain due diligence obligations including the management system, risk management, independent third-party audit and disclosure,
Amendment 496 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(ca) examination of the reporting requirements in accordance with the scope, objective and principles set out in Article 7,
Amendment 500 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Responsible importeOperators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation and records.
Amendment 504 #
2014/0059(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The competent authorities of the Member States shall publish a report detailing the full findings of any ex-post checks, together with a reasonable explanation for making those findings and any documentation on which the competent authority based its findings.
Amendment 507 #
2014/0059(COD)
Proposal for a regulation
Article 11 – title
Article 11 – title
Records of checks on responsible importeoperators
Amendment 518 #
Amendment 521 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 533 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 534 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
A delegated act adopted pursuant to Article 13 a shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 536 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 538 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The delegation of powers referred to in Article 13 bis2 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 539 #
2014/0059(COD)
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 541 #
2014/0059(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Expanding the Resources Scope 1. The Commission shall regularly review developments with regard to the contribution of global trade in natural resources to conflict and human rights abuses and violations in conflict-affected and high-risk areas, the development of international responsible sourcing standards and the experience gained in the implementation of this Regulation. In the course of the review, the Commission shall take into account, in particular, the information obtained by the Commission under and for the purposes of Article 15 and information provided by international or civil society organisations and affected third parties. 2. The Commission shall regularly review the resources scope as set out in Annex I in the light of the information obtained pursuant to paragraph 1 so as to achieve effectively the purpose of this Regulation, as stated in Article 1. Annex I shall be reviewed with a view to expanding the list of covered resources and with a view to identifying additional key points of transformation and traceability in covered resources supply chains with a view to strengthening supply chain due diligence. Such a review shall take place not less than every 6 months. 3. The Commission may adopt delegated acts in order to expand the list of covered resources as stated in paragraph 2.The Commission shall have power to amend Annexes I and II in accordance with Article 290 TFEU.
Amendment 548 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In case of an infringement of the provisions of this Regulation, the competent authorities of Member States shall issue a notice of remedial action to be taken by the responsible importeoperator.
Amendment 552 #
2014/0059(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In case of inadequate remedial action by the responsible importeoperator, the competent authority shall issue to the importeoperator a notice of non-recognition of its responsible importer certificate as regards the minerals or metals within the scope of this Regulation compliance and inform the Commission.
Amendment 557 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall submit to the Commission by 30 June of each year at the latest, a report on the implementation of this Regulation during the previous calendar year, including any information on responsible importeupstream actors as set out in Article 7(1) (a), 7.2 and 7.3 (a) and (c(3) (a)-(b) new and 7(6) (a).
Amendment 561 #
2014/0059(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Three years after the entry into force of this Regulation and every six years thereafter, the Commission shall review the functioning and effectiveness of this Regulation, including on the promotion and cost of responsible sourcing of the mineralresources within its scope from conflict- affected and high-risk areas. The Commission shall submit a review report to the European Parliament and to the Council.
Amendment 569 #
2014/0059(COD)
Proposal for a regulation
Annex I
Annex I
List of minerals and metalresources within the scope of the Regulation classified under the Combined Nomenclature CN code Product description 2609 00 00 Tin ores and concentrates 2611 00 00 Tungsten ores and concentrates 2615 90 00 Tantalum ores and concentrates 2616 90 00 Gold ores and concentrates 2825 90 40 Tungsten oxides and hydroxides 2849 90 30 Tungsten carbides 2849 90 50 Tantalum carbides 7108 Gold, unwrought or in semi-manufactured forms, or in powder form 8001 Tin, unwrought 8003 00 00 Tin bars, rods, profiles and wires 8007 00 Tin, other articles 8101 10 00 Tungsten, powder 8101 94 00 Tungsten, unwrought, including bars and rods obtained simply by sintering 8101 96 00 Tungsten wire 8101 99 Tungsten bars and rods, other than those obtained simply by sintering, profiles, plates, sheets, strip and foil, and other 8103 20 00 Tantalum, unwrought including bars and rods, obtained simply by sintering; powders 8103 90 Tantalum bars and rods, other than those obtained simply by sintering, profiles, wire, plates, sheets, strip and foil, and other Minerals Metals Semi-precious stones Precious stones
Amendment 575 #
2014/0059(COD)
Proposal for a regulation
Article II a (new)
Article II a (new)
Annex II a List of responsible upstream actors template referred to in Article 8 Column A: Name of upstream actor in alphabetical order Column B: Address of the smelter or refiner Column C: Economic activity of the actor Column D: (*) indicator, if the upstream actor engages in responsible sourcing of resources originating from conflict- affected and high-risk areas
Amendment 72 #
2013/2740(RSP)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for strengthening the WTO parliamentary dimension to ensure that parliamentarians get better access to trade negotiations, are involved in the formulation and implementation of WTO decision making, and ensure trade policies are properly scrutinised in the interests of their citizens; calls accordingly for a permanent European parliamentary delegation to the WTO to be established;
Amendment 13 #
2013/2082(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the European Parliament has welcomed, in this context, the EU's commitment to developing guidelines on freedom of religion or belief in accordance with the EU Action Plan on Human Rights and Democracy, and has stressed the need for Parliament and civil society organisations to be involved in the whole process of preparation of these guidelines;
Amendment 21 #
2013/2082(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) Promoting the right to freedom of religion or belief and preventing it from being violated shouldhas to be a priority in the EU's external policies.
Amendment 68 #
2013/2082(INI)
Motion for a resolution
Paragraph 1 – point p
Paragraph 1 – point p
(p) The EU's external financial instruments should be used both as incentives and deterrents (for example, freezing funds) with regard to freedom of religion or belief in a particular country, as this forms an integral part of the assessment of the whole human rights situation in the country. UThe use of human rights clauses in EU external agreements should be encouragedhas to be binding.
Amendment 64 #
2013/0445(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) to actively promote the participation and close involvement of all relevant stakeholders from the full rail value chain and from outside the traditional rail industry, in particular: manufacturers of railway equipment (both rolling stock and train control systems) and their supply chain, infrastructure managers, railway operators (both passenger and freight), rail vehicle leasing companies, certifying agencies, labour representatives, professional staff associations, user associations (both passenger and freight), as well as the relevant scientific institutions or the relevant scientific community. The involvement of small and medium sized enterprises (SMEs), as defined in Commission Recommendation 2003/361/EC20 , shall be encouraged. __________________ 20 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36)
Amendment 106 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 2 – paragraph 1 – point h
Annex 1 – part 2 – paragraph 1 – point h
(h) pool user requirements and define interoperability standardsguidelines for applicable interoperability standards without prejudice to the competencies of ERA and national authorities, to guide investment in research and innovation towards operational and marketable solutions;
Amendment 131 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 6 – paragraph 1 – point c a (new)
Annex 1 – part 6 – paragraph 1 – point c a (new)
(c a) at least one labour representative
Amendment 148 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 11 – paragraph 1 – point b
Annex 1 – part 11 – paragraph 1 – point b
(b) proposing, after consultation with the stakeholders referred to in Article 2(1)(e) of this Regulation, technical standardguidelines for research, development and validation activities with a view to guaranteeing the interoperability and safety of results;
Amendment 123 #
2013/0186(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 140 #
2013/0186(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 218 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member Sstates shall take all necessary measures to ensumay require that the provision of air traffic services is separated from the provision of support services. This separation shall include the requirement that air traffic services and support services are provided by separate undertakings, after having conducted an assessment of the social impacts of such a separation.
Amendment 226 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In choosing thease of choosing an external provider of support services, in particular cost efficiency, overall service quality and safety of services shall be taken into account by the entity procuring those services.
Amendment 257 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The reference period for the performance scheme, referred to in paragraph 1, shall cover a minimum of three years and a maximum of five years. During this period, in the event that the local targets are not met, the Member States concerned shall define and apply measures designed to rectify the situation. Where the Commission finds that these measures are not sufficient to rectify the situation, it may decide, after having assessed the social impact, that the Member States concerned shall take necessary corrective measures or sanctions. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 27 (2).
Amendment 272 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 7 – subparagraph 1 – point g
Article 11 – paragraph 7 – subparagraph 1 – point g
(g) criteria to impose sanctions for non-defined in cooperation with the Single Sky Committee referred to in Article 27 to stimulate compliance with the Union -wide and associated local performance targets and to impose sanctions in case of non-compliance during the reference period and to support alert mechanisms;
Amendment 318 #
2013/0186(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The air navigation service providers shall establish consultation mechanisms to consult the relevant groups of airspace users and aerodrome operators on all major issues related to services provided, or relevant changes to airspace configurations. The airspace users and the social partners shall also be involved in the process of approving strategic investment plans. The Commission shall adopt measures detailing the modalities of the consultation and of the involvement of airspace users in approving investment plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27 (3).
Amendment 595 #
2013/0136(COD)
Proposal for a regulation
Article 102 – paragraph 2 – point a
Article 102 – paragraph 2 – point a
(a) the means to identify kept terrestrial animals individually or in groups and the means to guarantee in all the European Union the uniqueness of the ISO code or tattoo number used;
Amendment 67 #
2013/0105(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In its policy orientations on road safety 2011-2020, the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community. A new cab profile will also contribute to improving road safety by reducing the blind spot in the drivers’ vision, including under the windscreen, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. The new cab profile should therefore, after an appropriate transitional period, become mandatory. This new profile cshould also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety.
Amendment 97 #
2013/0105(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Using alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments) generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms. Vehicles with alternative engine technologies should be permitted to exceed the maximum weight by up to one tonne. However, the extra weight should not increase the load capacity of the vehicle. The principle of technological neutrality should be maintained.
Amendment 102 #
2013/0105(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodalcombined transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16.50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, tThis increase ishould however be authorised only for intermodalcombined transport, for in which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. To link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra-European maritime transport operationthe distance to or from the nearest transshipment station for operations involving a rail component or 150 km from the river port or seaport of transshipment for operations involving a river or sea component.
Amendment 134 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – indent 3 a (new)
Article 1 – paragraph 1 – point 1 – indent 3 a (new)
Directive 96/53/EC
Article 2 – paragraph 1 – subparagraph 1 – indent 12 a (new)
Article 2 – paragraph 1 – subparagraph 1 – indent 12 a (new)
Amendment 135 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – indent 3 b (new)
Article 1 – paragraph 1 – point 1 – indent 3 b (new)
Directive 96/53/EC
Article 2 – paragraph 1 – subparagraph 1 – indent 12 b (new)
Article 2 – paragraph 1 – subparagraph 1 – indent 12 b (new)
- ‘combined transport’ means the transport of goods between member states where the lorry, trailer, semi-trailer, with or without tractor unit, swap body or container of 20 feet or more uses the road on the initial or final leg of the journey and, on the other leg, rail or inland waterway or maritime services where this section exceeds 100 km and make the initial or final road transport leg of the journey; - between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg, and between the nearest suitable rail unloading station and the point where the goods are unloaded for the final leg, or; - within a radius not exceeding 150 km from the inland waterway port or seaport of loading or unloading.
Amendment 222 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
In the aim of improving the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractosafer cabs and to improvinge the aerodynamic characteristicsperformance of vehicles or combinations of vehicles, and improving road safety.
Amendment 242 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
(3a) With regard to the admissibility of exceeding maximum length limits as a result of aerodynamic adjustments in accordance with Articles 8 and 9, a general inspection of the vehicle or vehicle combination shall also be carried out to ensure that the total excess length is not significantly detrimental to traffic safety and traffic flow, especially in the light of specified infrastructural parameters.
Amendment 247 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
The Commission shall be empowered to adopt delegated acts concerning the requirements which the new tractor cabs must meet in accordance with Article 16. These take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate indicating the increase in aerodynamic performance referred to in paragraph 3.
Amendment 308 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 6
Article 12 – paragraph 6
In accordance with paragraph 1, Member States shall encourage the equipment of vehicles and vehicle combinationsnew N2 and N3 vehicles shall be fitted with onboard weighing devicesystems (total weight and axle load) tohat enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods. This communication shall be through the interface defined by the CEN DSRC13 standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. The information shall also be accessible for the driver. __________________ 13 DSRC: Dedicated Short-Range Communications
Amendment 325 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 96/53/EC
Article 13 – paragraph 7
Article 13 – paragraph 7
An excess length or excess width of between 21 and 210% of the maximum dimensions indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, shall give rise a financial penalty for the haulier. The inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with Article 4(3);
Amendment 326 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 96/53/EC
Article 18 – paragraph 8
Article 18 – paragraph 8
An excess length or excess width of the load or of the vehicle of more than 210% of the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. It shall give rise to a financial penalty for the haulier and to the immediate immobilisation of the vehicle by the inspection authorities, until its unloading or until the transport company obtains a special permit in accordance with Article 4(3), if the excess length or excess width comes from the load. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009.
Amendment 336 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 96/53/EC
Article 16 a (new)
Article 16 a (new)
(15a) The following Article 16 a is added: Article 16 a No later than [five years from the date of publication of this Directive], the Commission shall submit a report to the European Parliament and the Council on the implementation and the effects of this Directive, in particular as regards the impact of this Directive on modal shift.
Amendment 341 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 96/53/EC
Annex I – point 2.2.2
Annex I – point 2.2.2
three-axle motor vehicle with two or three- axle semi-trailer carrying, in intermodal transport, one or more intermodalcombined transport units, for a total maximum length of 40 or 45 foot: 44 tonnes.
Amendment 78 #
2013/0103(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 88 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
-1. Third countries increasingly interfere in trade with a view to benefitting domestic producers, for instance by imposing export taxes or operating dual pricing schemes. Such interferences create additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to producers from third countries engaged in such practices, additional distortions of trade. Differences in the level of labour and environmental standards can also result in additional distortions of trade. Therefore, the lesser duty rule shall not apply in such cases, when the exporting country has an insufficient level of social and environmental standards. A sufficient level is defined by the ratification of core ILO Conventions and of Multilateral Environmental Agreements (MEAs) the EU is party to. Small-and-medium-sized enterprises (SMEs) particularly suffer from unfair competition because their small size prevents them from adapting thereto. Therefore, the lesser duty rule shall not apply when the complaint has been presented on behalf of a sector largely composed of SMEs. The lesser duty rule shall always apply, however, when structural raw material distortions are the result of a deliberate choice made by a least developed country to protect public interest.
Amendment 90 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 1
Article 1 – paragraph 1
1a. Article 1(1) shall be replaced by the following: 1. An anti-dumping duty may be applied to any dumped product whose release for free circulation in the Community causes injury. The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.
Amendment 160 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distor, but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Community industry. 2b) Such a lesser duty shall not apply in any of the following circumstances: - structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry. ; - the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I; - the complainant represents a diverse and fragmented industry, largely composed of small-and-medium-sized enterprises; - the investigation or a separate anti- subsidy investigation has established at least provisionally that the exporting country provides one or more subsidies to exporting producers of the product concerned. 2 c) However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council.
Amendment 185 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distor but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Community industry. 2 b) Such a lesser duty shall not apply in any of the following circumstances: - structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry; -the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, the EU is party to at any point in time and of ILO Conventions listed in Annex I; - the complainant represents a diverse and fragmented industry, largely composed of small-and-medium-sized enterprises; - the investigation or a separate anti- subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned. 2 c) However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council.
Amendment 197 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EC) No 1225/2009
Article 14 – paragraph 5
Article 14 – paragraph 5
(ba) Article 14 (5) shall be replaced by the following: 5. The Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports mayshall be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Community industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
Amendment 215 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point 1 (new)
Article 1 – paragraph 1 – point 8 – point 1 (new)
Regulation (EC) No 1225/2009
Article 21
Article 21
1. Article 21 shall be replaced by the following: 1. Without prejudice to the priority given to the interests of the domestic industry affected by the unfair trade practice, a determination as to whether the CommunityUnion interest calls for intervention shall be based on an appreciation of all the various interests takenpresented as a whole, including the interests of the domestic industry and users and consumers, and a determination pursuant to this Article shall only be made where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade distorting effects of injurious dumping and to restore effective competition shall be given special consideration. Measures, as determined on the basis of the dumping and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Community interest to apply such measurUnion interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by dumped imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the CommunityUnion interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the anti-dumping investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information. 3. TOnly information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the CommunityUnion interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Article 9. 6. TOnly the parties which have acted in conformity with paragraph 2 may request the facts and considerations on which final decisions are likely to be taken to be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall only be taken into account for a determination of Union Interest under this paragraph when it is presented and where it is supported by actual evidence which substantiates its validity and is subsequently verified.
Amendment 216 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 1225/2009
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 219 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a
Article 1 – paragraph 1 – point 9 a
Regulation (EC) No 1225/2009
Article 22 – paragraph 2 (new)
Article 22 – paragraph 2 (new)
9a. In Article 22, the following new paragraph shall be added: Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures.
Amendment 231 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 597/2009
Recital 9 a (new)
Recital 9 a (new)
-1. The following Recital 9a shall be inserted: "(9a) Within the Union, countervailable subsidies are in principle prohibited pursuant to Article 107 (1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorized by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country/countries engaged in subsidisation."
Amendment 232 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point 1 (new)
Article 2 – paragraph 1 – point 1 – point 1 (new)
Regulation (EC) No 597/2009
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A countervailing duty may be imposed for the purpose of offsetting any subsidy granted, directly or indirectly, for the manufacture, production, export or transport of any product whose release for free circulation in the Community causes injury. The use of any subsidized products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.
Amendment 306 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point c a (new)
Article 2 – paragraph 1 – point 7 – point c a (new)
(ca) Article 24 (5) shall be replaced by the following: 5. The Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports mayshall be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Community industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by Regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
Amendment 324 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 31
Article 31
1. AWithout prejudice to the priority given to the interests of the domestic industry affected by the unfair trade practice, a determination as to whether the CommunityUnion interest calls for intervention shouldall be based on an appraisaleciation of all the various interests takenpresented as a whole, including the interests of the domestic industry and users and consumers. A, and a determination pursuant to this Article shall be made only where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade- distorting effects of injurious subsidisation and to restore effective competition shall be given special consideration. Measures, as determined on the basis of subsidisation and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Community interest to apply such measurUnion interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by subsidised imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the CommunityUnion interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time -limits specified in the notice of initiation of the countervailing duty investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this paragraph, and they shall be entitled to respond to such information. 3. TOnly information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the CommunityUnion interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Articles 14 and 15. 6. TOnly the parties which have acted in conformity with paragraph 2 may request that the facts and considerations on which final decisions are likely to be taken be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall be taken into account for a determination of Union Interest under this paragraph when it is presented and only where it is supported by actual evidence which substantiates its validity and is subsequently verified.
Amendment 325 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 597/2009
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 328 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 – point 1 (new)
Article 2 – paragraph 1 – point 10 – point 1 (new)
Regulation (EC) No 597/2009
Article 33 – paragraph 2 (new)
Article 33 – paragraph 2 (new)
1a. In Article 33, the following new paragraph 2 shall be added: "Any documents aimed at clarifying the established practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation and no such document can broaden the discretion of the Commission, as interpreted by the Court of Justice, if applicable, in adopting measures."
Amendment 1 #
2013/0099(COD)
Proposal for a regulation
Article 1 – point 1 (new)
Article 1 – point 1 (new)
Regulation (EC) 1215/2009
Article 7a – paragraphs 2 and 3
Article 7a – paragraphs 2 and 3
Regulation (EC) 1215/2009 is amended as follows: (1) In Article 7a paragraphs 2 and 3 are replaced by the following: '2. The delegation of powers referred to in Article 7 shall be conferred on the Commission for a period of five years from ...+. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. _____________ + O.J.: Please insert the date of entry into force of this regulation.';
Amendment 2 #
2013/0099(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) 1215/2009
Annex I
Annex I
(2) Annex I to regulation (EC) No 1215/2009 is replaced by the text set out in the Annex to this Regulation.
Amendment 109 #
2013/0072(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to increase legal certainty for air carriers and passengers, a more precise definition of the concept of “extraordinary circumstances” is needed, which takes into account the judgement of the European Court of Justice in the case C-549/07 (Wallentin-Hermann). Such a definition should be further clarified via a non- exhaustivefinal list of circumstances that are clearly identified as extraordinary or not.
Amendment 121 #
2013/0072(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to improve levels of protection, passengers shouldmay not be denied boarding on the returna section of the journey of a two-way (return) ticket because they have not taken the outward journeyravelled on every leg of the journey covered by the ticket.
Amendment 222 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point u
Article 2 – point u
«time of departure» means the time when the aircraft leaves the departure stand, pushed back or on itsall passengers have been checked in and are own power (off- block timeboard the aircraft (boarding completed);
Amendment 223 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point v
Article 2 – point v
«time of arrival» means the time when the aircraft reaches the arrival stand and the parking brakes are engagedall passengers are able to disembark from the aircraft in conditions of safety at the place of landing (ion-block time);
Amendment 254 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 4
Article 4 – paragraph 4
Paragraphs 1, 2 and 3 shall also apply to onward flight and return tickets where the passenger is denied boarding at the return or onward journey on the grounds that he/she did not take the outward journey or a section of the journey or did not pay an additional charge for this purpose.
Amendment 359 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1 – introductory part
Article 6 a – paragraph 1 – introductory part
Where a passenger misses a connecting flight as a result of a delay or change of schedule to a preceding flight, or of being booked on a replacement flight in the event of re-routing, the Community air carrier operating the onward connecting flight shall offer the passenger:
Amendment 362 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 1 – point iii
Article 6 a – paragraph 1 – point iii
when the scheduled time of departure of the alternative flight or other transport offered under Article 8 is at least 53 hours after the scheduled time of departure of the flight missed and the delay includes one or several nights, the assistance specified in Article 9(1)(b) and 9(1)(c).
Amendment 385 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 2
Article 7 – paragraph 2
Where the passenger has opted for the continuation of his travel pursuant to Article 8(1)(b), the right to compensation can arise only onclso arise during his travel to the final destination, even if a new cancellation or missed connection should arise during rerouting.
Amendment 392 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 458 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 5
Article 14 – paragraph 5
In the event of cancellation or, delay in departure, or denied boarding, the passengers concerned shall be informed by the operating air carrier of the situation as soon as possible and in any event no later than 30 minutes after the scheduled departure timeat the time of the scheduled departure, in particular of the reason for the cancellation, delay or denied boarding, and of the estimated departure time as soon as this information is available, provided the air carrier has received the passenger's contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary.
Amendment 485 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Amendment 559 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) 261/2004
Annex 1 – introductory part
Annex 1 – introductory part
'Annex: non-exhaustive list of circumstances considered as extraordinary circumstances for the purposes of this Regulation
Amendment 14 #
2013/0049(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Ensuring product identification and theIt is essential to ensure that all products placed on the EU market are safe so as to guarantee a high level of protection for consumers among others. Stresses that the product identification, indication of origin and traceability of products throughout the entire supply chain will helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. In this regard European Parliament urges the commission to establish a public Consumer Product Safety Information Database, to raise awareness of dangerous products across borders in the internal market. Calls on the Commission to allow product safety professionals, producers, trade and consumer organisations and national authorities to have access to all relevant information while ensuring the necessary confidentiality. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 21 #
2013/0049(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Underlines the necessity of product traceability and tracking labels for determining the country of origin of the product and the manufacturer responsible; It is vital to ensure reliable traceability throughout all stages of the life of a product, but to ensure at the same time that this does not lead to increased administrative burdens. The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture, to enable consumers to be informed about the sustainability of a product in terms of social, environmental and manufacturing standards as well as about the quality and safety of the product itself. Such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions. Therefore calls on the Commission to play a more active role in coordinating the activities of the European market surveillance authorities, the customs authorities and the competent authorities of the Member States and Third Countries.
Amendment 24 #
2013/0049(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasiveIt is vital that the penalties are harmonised in all Member States, to avoid more importation and distribution in states where penalties are less strict than in others. Those penalties must be proportionate regarding the quantity, the value of the good and the length of time it has been available on the market, as well as effective and deterrent.
Amendment 27 #
2013/0049(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 36 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, wof products have to indicate the country of origin to enable the traceability of goods within the supply chain. Furthermore the indication of the country of origin has a vital role regarding product recalls or withdraws of dangerous products from the EU market. The manufacturers or importers have to secure that the country of origin is indicated on all products sold within the European Union, regardless if the product is from an EU or non-EU- country. Where the size orand/or the nature of the product does not allow it, thatthe indication of origin on the product, the indication ihas to be provided on the packaging or in a documentn accompanying the producdocument.
Amendment 46 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importersthe "made in" label may refer to the Union or to a particular Member State. The name and address of the manufacturer should be provided as well on all consumer products placed on the EU market. The origin information on products will enhance the effectiveness of market surveillance authorities when tracing dangerous products on the EU market.
Amendment 47 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Calls the Commission to ensure that the manufacturers should in addition to the "made in" labelling, provide information about the safety of their products to the public authorities. Stresses that, obligations for distributors should be compulsive to check if the manufacturer or importer has labelled the consumer product in proper form before selling or offering it on the EU market.
Amendment 64 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [insert date - 3 months prior to the date of application of this Regulation] and shall notify it without delay of any subsequent amendment affecting them. The penalties provided for may be proportionate to the quantity, the value of the good and the length of time it has been available on the market.
Amendment 80 #
2013/0049(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 97 #
2013/0049(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential that all products made available on the European internal market should be safe in order to guarantee a high level of consumer protection. Ensuring product identification, indication of origin and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. In this context, the Commission should establish a public product safety database, with due regard for the necessary confidentiality, in order to cultivate awareness of dangerous products internationally in the internal market. The Commission should make all relevant information available to consumer protection organisations, other experts and national authorities. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 103 #
2013/0049(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Ensuring the traceability of a product throughout its life cycle and the use of tracking labels to determine the country of origin and the manufacturer responsible are very important and necessary. At the same time, the measures concerned should not result in a disproportionate administrative burden. The indication of origin supplements the basic traceability requirements concerning the name and address of the manufacturer. In particular, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted or its given address is different from the actual place of manufacture. At the same time the indication of origin can help consumers to obtain information about the sustainability of a product with reference to social and ecological standards, as well as about general safety and quality. Such information can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow up actions. The Commission should therefore also play a more active role in coordinating the activities of European market surveillance authorities, customs authorities and other competent authorities of the Member States and third countries.
Amendment 194 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers must indicate the country of origin of a product to ensure the traceability of a product within the supply chain. Manufacturers and importers shall ensure that all products – irrespective of whether they originate in the EU or in a third country – bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. Distributors must ensure that the country of origin has been indicated appropriately by the manufacturer or importer before they make a product available on the European internal market.
Amendment 345 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the size of the undertakings and in particular to the situation of small and medium-sized enterprises. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements. The penalties may also be increased in proportion to number and value and to the period for which a product has been made available on the market.
Amendment 199 #
Amendment 247 #
Amendment 441 #
Amendment 459 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2012/34/EU
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
'In order to determine whether the economic equilibrium of a public service contract would be compromised, the relevant regulatory body or bodies referred to in Article 55 shall make an objective economic analysis and base its decision on criteria pre-determined criteriaby the Member States. These criteria shall not be subject to review pursuant to Article 8 of the [Rail Safety Directive] or pursuant to Chapter 5 of the [Agency Regulation]. They shall determine this after a request from any of the following, submitted within one month from the information on the intended passenger service referred to in Article 38(4):
Amendment 85 #
2013/0028(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 103 #
2013/0028(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 120 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No 1370/2007
Article 2 – point c
Article 2 – point c
(c) "competent local authority" means any competent authority whose geographical area of competence is not national and/or which covers the transport needs of an urban agglomeration or a, a federal Land and/or rural districts;
Amendment 130 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No 1370/2007
Article 2 – point e
Article 2 – point e
Amendment 147 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1
Article 2 a (new) – paragraph 1 – subparagraph 1
1. Competent authorities shall establish and regularly update public passenger transport plans covering all relevant transport modes for the territory for which they are responsible. These public transport plans shall define the objectives of public transport policy and the means to implement them covering all relevant transport modes for the territory for which they are responsible. They shall at least include:Agglomerations with more than 200 000 inhabitants must have a transport plan. The competent authorities shall draw up public passenger transport plans and update them as necessary. If interregional services are involved, the transport plans shall be adopted accordingly. These public transport plans shall define the objectives of public transport policy.
Amendment 154 #
2013/0028(COD)
Proposal for a regulation
Article 1 –– point 2
Article 1 –– point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point a
Article 2 a (new) – paragraph 1 – subparagraph 1 – point a
Amendment 156 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Article 2 a (new) – paragraph 1 – subparagraph 1 – point b
Amendment 164 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Article 2 a (new) – paragraph 1 – subparagraph 1 – point c
Amendment 172 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Article 2 a (new) – paragraph 1 – subparagraph 1 – point d
Amendment 178 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 1 – subparagraph 1 – point e
Article 2 a (new) – paragraph 1 – subparagraph 1 – point e
Amendment 205 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 1
Article 2 a (new) – paragraph 3 – subparagraph 1
Amendment 210 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 3– subparagraph 2
Article 2 a (new) – paragraph 3– subparagraph 2
Amendment 213 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 3 – subparagraph 3
Article 2 a (new) – paragraph 3 – subparagraph 3
Amendment 223 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 4 – subparagraph 1 – point a
Article 2 a (new) – paragraph 4 – subparagraph 1 – point a
(a) achieve the objectives of the public transport plan in the most cost-effectivan economically balanced and environmentally and socially sustainable manner;
Amendment 235 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2 a (new) – paragraph 6
Article 2 a (new) – paragraph 6
Amendment 263 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point b b (new)
Article 1 – point 3 – point b b (new)
Regulation (EC) No 1370/2007
Article 4 – paragraph 5
Article 4 – paragraph 5
(bb) Paragraph 5 is replaced by the following: Without prejudice to national and Community law, including collective agreements between social partners, competent authorities may require the selected public service operator to grant workers previously taken on to provide services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC at least for the entire period during which the service is provided and whilst guaranteeing all trade union rights. Where competent authorities require public service operators to comply with certain additional social standards, tender documents and public service contracts shall list the workers concerned and give transparent details of their contractual rights and the conditions under which they are deemed to be linked to the services.
Amendment 270 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No 1370/2007
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 275 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point d
Article 1 – point 3 – point d
Regulation (EC) No 1370/2007
Article 4 – paragraph 8 (new)
Article 4 – paragraph 8 (new)
Competent authorities shall make available to all interested parties relevant information for the preparation of an offer under a competitive tender procedure. This shall include information on passenger demand, fares, costs andestimates drawn up by the authority concerning passenger demand, fares and revenues and information on likely costs linked to the revtenuestion of staff related to the public passenger transport covered by the tender and details of the infrastructure specifications relevant for the operation of the required vehicles or rolling stock to enable them to draft well informed business plans. Rail infrastructure managers shall support competent authorities in providing all relevant infrastructure specifications. Non- compliance with the provisions set out above shall be subject to the legal review provided for in Article 5(7).
Amendment 301 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point a
Article 5 – paragraph 4 – subparagraph 1 - point a
(a) where their average annual value is estimated at: less than EUR 13 000 000 or less than EUR 15 000 000 in the case of a public service contract including public transport by rail or,
Amendment 309 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point b
Article 5 – paragraph 4 – subparagraph 1 - point b
(b) where they concern the annual provision of less than 35 000 000 kilometres of public passenger transport services or less than 15 000 000 kilometres in the case of a public service contract including public transport by rail., or
Amendment 314 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4 – subparagraph 1 - point b a (new)
Article 5 – paragraph 4 – subparagraph 1 - point b a (new)
(ba) where they are awarded to small and medium-sized undertakings which operate no more than 100 road vehicles or train sets in the context of the public service contract in question.
Amendment 319 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
In the case of a public service contract directly awarded to a small or medium- sized enterprise operating not more than 23 road100 vehicles, these thresholds may be increased to either an average annual value estimated at less than EUR 25 000 000 or to an annual provision of less than 65 000 000 kilometres of public passenger transport services.
Amendment 333 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 1370/2007
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 343 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No. 1370/2007
Article 5 a (new)
Article 5 a (new)
Amendment 386 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 6
Article 1 point 6
Regulation (EC) No. 1370/2007
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All compensation connected with a general rule or a public service contract shall comply with the provisions laid down in Article 4, irrespective of how the contract was awarded. All compensation, of whatever nature, connected with a public service contract not awarded according to Article 5(3directly in accordance with Article 5(2), (4), (5) or (6) or connected with a general rule shall also comply with the provisions laid down in the Annex.
Amendment 392 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point a
Article 1 point 8 – point a
Regulation (EC) No. 1370/2007
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 405 #
2013/0028(COD)
Proposal for a regulation
Article 1 point 8 – point b
Article 1 point 8 – point b
2a. Public service contracts for public passenger transport by rail directly awarded between 1 January3 December 201309 and 2 December 20129 may continue until their expiry date. However they shall, in any event, not continue after 31 December 2022.’
Amendment 127 #
2013/0016(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive lays down provisions to ensure the development and improvement of safety of the Union's railways and improved access to the market for rail transport services by:
Amendment 128 #
2013/0016(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) developing common safety targets and common safety methods with a view to gradually removing the need for national ruleseater harmonisation of national rules at a high safety level;
Amendment 152 #
2013/0016(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘'accident’' means an unwanted or unintended sudden event or a specific chain of such events which have harmful consequences; accidents are divided into the following categories: collisions, derailments, level-crossing accidents, accidents to persons caused by rolling stock in motion including in shunting yards and during track maintenance works, fires and others;
Amendment 183 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency shall ensure that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents.
Amendment 223 #
2013/0016(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
When drafting the recommaendations, the Agency shall take account of the opinion of the users, the social partners and of other stakeholders. The recommendations shall enclose a report on the results of this consultation and a report assessing the impact of the new CSM to be adopted.
Amendment 231 #
2013/0016(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Member States shall make any necessary amendments to their national rules in order to achieve at least the CSTs, and any revised CSTs, in accordance with the implementation timetables attached to them. They shall notify these rules to the Commission in accordance with Article 8. Member States can decide to achieve a higher safety level than defined in the CSTs.
Amendment 234 #
2013/0016(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Amendment 235 #
2013/0016(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 – point a
Article 8 – paragraph 1 – subparagraph 1 – point a
Amendment 237 #
2013/0016(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 – point b
Article 8 – paragraph 1 – subparagraph 1 – point b
Amendment 242 #
2013/0016(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Paragraph 3 does not apply to rules on occupational health and safety, working time, professional competences and training of for rail professionals with safety critical tasks.
Amendment 250 #
2013/0016(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. As far as railway personnel are concerned the safety management system shall include provisions - of programs for training of staff and systems to ensure that the staff's competence is maintained and tasks carried out accordingly; - systems to ensure that rules on working time, driving and rest time of staff groups with safety relevant tasks are registered, monitored and accessible for staff representatives and for controlling authorities.
Amendment 267 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. To meet the national requirements the NSA proves and confirms the accordance to national peculiarities.
Amendment 279 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The single safety certificate shall specify the type and extent of the railway operations covered. It shall be valid throughout the Union for equivalent operations.
Amendment 281 #
2013/0016(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Agency figures as "one stop shop" for the applicants and coordinates the national safety agencies if multiple national safety authorities are involved. Final approval is given by the Agency.
Amendment 340 #
2013/0016(COD)
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Concerning the national requirements the NSA shall take a decision on an application without delay and in any event not more than three months after all required information and any supplementary information requested has been submitted by the Agency.
Amendment 367 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall establish a safety authority. This authority shall be independent in its organisation, legal structure and decision making from any railway undertaking, infrastructure manager, applicant and procurement entity. The authority shall have the necessary expertise and the necessary staff resources in order to discharge its duties.
Amendment 378 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point g a (new)
Article 16 – paragraph 2 – point g a (new)
(ga) inspection of the compliance with working, driving and rest time rules for locomotive drivers in the railway companies and on the track;
Amendment 380 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point g b (new)
Article 16 – paragraph 2 – point g b (new)
(gb) inspection on the track of compliance with rules on the certification of locomotive drivers in particular the requirements of the complementary certificate;
Amendment 381 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point g c (new)
Article 16 – paragraph 2 – point g c (new)
(gc) inspections of the safety conditions of rail freight wagons and other rolling stock on the track as well as the compliance with regular maintenance requirements;
Amendment 384 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) setting up a national tri-partite information and consultation body with representatives of the railway undertakings, workers' representatives and representatives of the national safety authorities with the task to inform about relevant incidents and accidents and discuss appropriate safety measures;
Amendment 396 #
2013/0016(COD)
Proposal for a directive
Article 18 – paragraph 1 – point f a (new)
Article 18 – paragraph 1 – point f a (new)
(fa) all technical inspections of rail freight wagons on the track;
Amendment 399 #
2013/0016(COD)
Proposal for a directive
Article 18 – paragraph 1 – point f b (new)
Article 18 – paragraph 1 – point f b (new)
(fb) all inspections of the compliance with working, driving and rest time rules including cross-border activities and rules on the certification of qualifications on the track;
Amendment 145 #
2013/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 37 a (new)
Article 2 – paragraph 1 – point 37 a (new)
(37a) 'barrier-free' describes the state of structural and other facilities, means of transport, appliances, information processing systems and other man-made amenities if they are accessible to persons with disabilities and can be used by them in the conventional way, with no particular difficulty, and unaided.
Amendment 149 #
2013/0015(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. So that all Union citizens can enjoy the benefits resulting from the establishment of an area without internal borders, access to the railway system shall be made barrier-free. No-one may be discriminated against, either directly or indirectly, on the basis of a disability. Indirect discrimination shall not be taken to occur if the elimination of circumstances forming the basis for discrimination, and barriers in particular, would be unlawful or, because of the disproportionate burden imposed, unreasonable.
Amendment 173 #
2013/0015(COD)
Proposal for a directive
Article 5 – paragraph 10 – subparagraph 1
Article 5 – paragraph 10 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 463(3) concerning the TSIs and their amendments.
Amendment 211 #
2013/0015(COD)
Proposal for a directive
Article 14 – paragraph 9 a (new)
Article 14 – paragraph 9 a (new)
9a. Member States' non-discriminatory rules on training, labour and health standards and the fitting-out of passenger vehicles shall not be subject to the provisions of paragraphs 2 to 9 of this Article.
Amendment 433 #
2013/0015(COD)
Proposal for a directive
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 5
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 5
In the event of danger devices must enable passengers to inform the driver and/or conductor and accompanying staff to contact him or them.
Amendment 434 #
2013/0015(COD)
Proposal for a directive
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 6
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 6
Amendment 435 #
2013/0015(COD)
Proposal for a directive
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 10
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 10
Trains must be equipped with a public address system which provides a means of communication to the public from on- board staff and/or drivers.
Amendment 436 #
2013/0015(COD)
Proposal for a directive
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 10 a (new)
Annex 3 – point 2 – point 2.4 – point 2.4.1 – paragraph 10 a (new)
Passengers must be given easily understandable, comprehensive information about rules applicable both in railway stations and in trains (no-entry points, entrances and exits, instructions concerning conduct, access for persons with reduced mobility, what markings mean, hazard areas, etc.).
Amendment 439 #
2013/0015(COD)
Proposal for a directive
Annex 3 – point 2 – point 2.4 – point 2.4.3 – paragraph 3
Annex 3 – point 2 – point 2.4 – point 2.4.3 – paragraph 3
The characteristics of the rolling stock must be such as to allow it to travel on any line on which it is expected to operate, taking account of relevant climatic conditions and topography.
Amendment 440 #
2013/0015(COD)
Proposal for a directive
Annex 3 – point 2 – point 2.6 – point 2.6.1 – paragraph 1
Annex 3 – point 2 – point 2.6 – point 2.6.1 – paragraph 1
Alignment of the network operating rules and the qualifications of drivers, rolling- stock inspectors, movement controllers and on- board staff and of the staff in the control centres must be such as to ensure safe operation, bearing in mind the different requirements of cross-border and domestic services. Efforts must be made to ensure, across the EU, a high level of training with advanced qualifications.
Amendment 92 #
2013/0014(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) certification of train drivers provided for in Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community [Train Drivers Directive] and certification of all safety-relevant staff.
Amendment 102 #
2013/0014(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The Agency shall set up a limited number of working parties for drawing up recommendations, in particular related to technical specifications for interoperability (TSIs), common safety targets (CSTs) and common safety methods (CSMs). The Agency shall set up a cross-cutting working party on occupational health and safety (OHS) made up of equivalent OHS specialists from trade unions and from employer organisations.
Amendment 138 #
2013/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Agency shall issue single safetyaccordance of the safety certificates with the existing national rules and regulations has to be proven und confirmed by the NSA. The ERA acts as a "one-stop shop" and as an intermediary between NSA and applicant. The ERA gives the final approval and issues the certificates in accordance with Articles 10 and 11 of Directive …... [the Safety Directive].
Amendment 144 #
2013/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g a (new)
Article 15 – paragraph 1 – point g a (new)
(ga) issue recommendations to the Commission for a draft legislation on the certification of personnel with safety tasks.
Amendment 147 #
2013/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g b (new)
Article 15 – paragraph 1 – point g b (new)
(gb) issue recommendations to the Commission on minimum inspection intervals (time periods and kilometrage) in respect of rolling stock (goods wagons, passenger carriages and locomotives).
Amendment 151 #
2013/0014(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g c (new)
Article 15 – paragraph 1 – point g c (new)
(gc) issue recommendations to the Commission relating to the content design of a technical on-board device for registration and monitoring driving and rest time of locomotive drivers.
Amendment 197 #
2013/0014(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where after examination referred to in paragraph 1 the Agency considers that national rules enable the essential requirements for interoperability to be fulfilled, CSMs to be respected and the CSTs to be achieved, and that they would not result in arbitrary discrimination or a disguised restriction on rail transport operation between Member States, the Agency shall inform the Commission and the Member State concerned about its positive assessment. The Commission may validate the rule in the IT system referred to in Article 23.
Amendment 205 #
2013/0014(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Member States' non-discriminatory provisions on training, labour and health standards and the fitting-out of passenger rail vehicles shall not be subject to the provisions of this Article.
Amendment 210 #
2013/0014(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Member States' non-discriminatory arrangements concerning training, labour and health standards and the fitting-out of passenger rail vehicles shall not be subject to the provisions of this Article.
Amendment 257 #
2013/0014(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. The Agency may be requested by the Commission to perform other tasks relating to railway staff with safety relevant tasks not covered by Directive 2007/59/EC.
Amendment 260 #
2013/0014(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. By 1 June 2015 the Agency shall submit a draft concerning certification of all safety-relevant staff. It shall cover at least on-board staff, rolling-stock inspectors and movement controllers.
Amendment 262 #
2013/0014(COD)
Proposal for a regulation
Article 32 – paragraph 3 b (new)
Article 32 – paragraph 3 b (new)
Amendment 263 #
2013/0014(COD)
Proposal for a regulation
Article 32 – paragraph 3 c (new)
Article 32 – paragraph 3 c (new)
3c. The Agency shall work on all matters directly concerning railway staff in close cooperation with the social partners within the framework of the sectoral social dialogue committee for the rail sector set up pursuant to Decision 98/500/EC.
Amendment 285 #
2013/0014(COD)
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
2. The Agency shall establish a network of representative bodies from the railway sector acting at the Union level, including representatives of passengers and of workers. The list of these bodies shall be defined in an implementing act adopted by the Commission, in accordance with advisory procedure referred to in Article 75. The Agency shall provide the network with a secretariat. The tasks of the network shall, in particular, be:
Amendment 314 #
2013/0014(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. A Board of Appeal shall be composed of a Chairperson and two other members. Meetings shall be chaired by a representative of the Member States. The other members shall be appointed from the group of railway undertakings and trade unions. They shall have alternates to represent them in their absence.
Amendment 319 #
2013/0014(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The members of a Board of Appeal shall be independent and may not perform any other duties within the Agency or the Commission. In making their decisions they shall not be bound by any instructions.
Amendment 330 #
2013/0014(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. An appeal may be brought before the Board of Appeal against decisions taken by the Agency pursuant to Articles 12, 16, 17, 18, 21 and 1822.
Amendment 7 #
2012/2299(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the current revision of the air passenger rights and supports a strong and profoundly consumer-friendly European legislation;
Amendment 9 #
2012/2299(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission missed opportunities to strengthen and harmonise legislation in the aviation sector, as this would be one of the key elements for the Union to successfully interact with third countries;
Amendment 10 #
2012/2299(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Takes the view that European regulatory convergence is a key element for a strong European position on the global market and for interactions with third countries;
Amendment 16 #
2012/2299(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines that the constantly fast growing position of the Middle and Far East in the global aviation sector is partly based on subsidies and major national investments;
Amendment 17 #
2012/2299(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes that extremely low ticket prices offered by some European low-cost carriers are compensated by the companies via unfair practices regarding working conditions, such as poor social and labour law standards for staff; notes also that minimal investments in safety standards and unjustified regional subsidies seem to play a role in this ticket pricing;
Amendment 18 #
2012/2299(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Is concerned that, as a result of heavy inter-European competition, the Union's external position has been weakened;
Amendment 36 #
2012/2299(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to provide a framework that would harmonise different aspects of bilateral agreements including the liberalisation of ownership and control, the maintenance ofo ensure obligatory minimum standards in bilateral agreements regarding labour and environment standards, passenger rights and, respect foring international conventions and agreements;
Amendment 52 #
2012/2299(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Takes the view that a possible future Trade and Investment Agreement between the EU and the US would also affect the aviation sector; considers, therefore, that the Commission should provide sufficient information so that the upcoming negotiations can be closely monitored by the European Parliament;
Amendment 53 #
2012/2299(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Calls on the Commission to be aware of the current unlevel playing field between the EU and the US regarding for example investment limits and protectionism and hence calls on the Commission to take action to enhance a balanced partnership;
Amendment 55 #
2012/2299(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Council to finally conclude a position on the European Parliament's legislative resolution of 5 May 2010 on the proposal for a directive of the European Parliament and of the Council on aviation security charges1 which was adopted with a large majority of 96% in the European Parliament and is still blocked in the Council; 1 COM(2009)0217 – C7–0038/2009 – 2009/0063(COD)
Amendment 58 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 1 a (new)
Paragraph 5 – point 1 – indent 1 a (new)
- put in place a system of positive incentives in the Sustainable Development Chapters of trade agreements, to encourage the import of agricultural products to the EU that comply with specified environmental, social and human rights standards, in particular by ensuring fair revenues for producers and living wages for agricultural workers as called for by the UN special rappporteur on the right to food;
Amendment 70 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 1 – indent 5
Paragraph 5 – point 1 – indent 5
– support for the introduction and marketing of social and environment- friendly goods and services, including eco- tourism that secure added value for producers, including those responding to sustainability (e.g. Fair Trade);
Amendment 76 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 1 a (new)
Paragraph 5 – point 2 – indent 1 a (new)
- sustainable and equitable working and trading relations are based on dialogue, transparency and respect;
Amendment 85 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 4 a (new)
Paragraph 5 – point 2 – indent 4 a (new)
- for the private sector to function as a driving force in development and in order to realise this potential, the process needs to serve local communities and generate via the principle of inclusive fair supply chains, empowerment for all actors involved, from the producer/worker to the consumers;
Amendment 86 #
2012/2225(INI)
Motion for a resolution
Paragraph 5 – point 2 – indent 4 b (new)
Paragraph 5 – point 2 – indent 4 b (new)
- based on decent work, meaning respect for international rights, the extension of social protection systems and creation of free and productive employment is at its heart and goes hand in hand with education and training;
Amendment 110 #
2012/2225(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Supports the package to promote trade for small operators in developing countries announced in the Commission communication; Calls on the Commission to make progress on developing this package and calls on all donors to allocate sufficient funds to implement this package specifically to support the participation of small business in trade schemes that secure added value for producers, including those responding to sustainability (e.g. Fair Trade); requests regular updates on its implementation.
Amendment 132 #
2012/2225(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Urges calls on the European Commission to implement the guidance prepared by the UN rapporteur on the right to food which calls on the use of Human Rights Impact assessments: 'Guiding Principles on Human Rights Impact Assessments of Trade and Investment Agreements' when concluding trade and investment agreements, to ensure these are consistent with obligations under international human rights instruments;
Amendment 137 #
2012/2225(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Urges the EU, other aid donors, partner country authorities and local and international private actors in developing countries to explore possible areas of cooperation for sustainable development in order to maximise the development output of business activities and to include civil society organisations at all levels of discussions;
Amendment 61 #
2012/2145(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the positive steps taken in recent years to develop the Annual Report, but stresses the potential for further improvement; reiterates its call for a more systematic approach and an analysis of the EU's policy performance; welcomes, as an important step in this direction, the commitment made in the EU Human Rights Action Plan of 25 June 2012 to present EU performance in meeting the objectives of its human rights strategy in the Annual Report; recommends development of the individual country sections by using indices and benchmarks to assist in the follow-up to the human rights country strategies;
Amendment 65 #
2012/2145(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the appointment of the EU Special Representative on Human Rights, which mandate should be based on the principles guiding the EU´s HR policy in particular on EU guidelines, including the promotion of the UN Guiding Principles on Business and Human Rights, in light of their agreement in 2011 and the priority given to them in the European Commission Communication on Corporate Social Responsibility (COM(2011) 681 final);
Amendment 73 #
2012/2145(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that, for the European Union (EU) to be a credible actor in external relations, it must act consistently, in accordance with Treaty and acquis obligations and avoid double standards between its human rights policy and other external policies, between internal and external policies, and in the conduct of its relations with third countries, combining this approach with the challenge of developing the human rights Country Strategy Papers and implementing action plans, which must also cover democratisation, reflecting the specificity of each country as regards impact, and making full use of the EU's relevant instruments;
Amendment 74 #
2012/2145(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that appropriate measures must be taken to ensure that civil rights and fundamental freedoms are not compromised or diminished in times of economic crisis;
Amendment 75 #
2012/2145(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls on the EU, that the Union's policies should also be consistent and exemplary within the EU, as well as coherent and in line with fundamental values and principles in order to maximise the EU's credibility globally and the effectiveness of human rights policies;
Amendment 76 #
2012/2145(INI)
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Recalls that economic and social rights have been an integral part of human rights since the adoption of the Universal Declaration of Human Rights in 1948; believes, therefore, that the EU must help to implement these rights in less advanced and developing countries with which it signs international agreements, including trade agreements;
Amendment 85 #
2012/2145(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes EU efforts to support and revitalise the human rights work within the UN system, including the conclusion of the review of the UN Human Rights Council in 2011; stresses the continued importance of supporting the independence of the Office of the High Commissioner for Human Rights, and the role of the thematic and country-specific UN Special Rapporteurs on human rights; recalls the need for sufficient funding to keep regional OHCHR offices open; emphasises the significance of the European Union accession of 22 January 2011 to the UN Convention on the Rights of Persons with Disabilities (CRPD) as the first UN human rights convention ratified by the European Union as a legal entity;
Amendment 87 #
2012/2145(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. stresses the need that the EU speaks with one voice, takes a firm and clear stand concerning human rights violations as well as to occur closed outwards the EU; encourages the EEAS, particularly the EU´s delegations in Geneva and New York, to increase its coherence, based on timely and substantive consultation, and the visibility of the EU´s action in order to enhance its credibility in the world; takes note, in this light, of the development of the capacity of the Council Working Group on Human Rights (COHOM) and the efforts to identify key priorities as well as efforts to clarify the division of labour which will help developing gross regional outreach and collaboration and on lobbying all moderate States including between Geneva and New York;
Amendment 88 #
2012/2145(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. stresses the importance and the strong support for the EU´s active participation in the work of the UNHRC, through the co-sponsoring of resolutions, the issuing of statements and its intervention in interactive dialogues and debates;
Amendment 89 #
2012/2145(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. reiterates its call to the EU and its Member States to ensure that human rights are also fully respected in internal policies, in order to avoid double standards and to increase consistency between internal policies and to enhance their moral authority on the international scene;
Amendment 90 #
2012/2145(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. recalls the adoption by the UN General Assembly of Resolution 65/276 on the participation of the EU in the work of the UN as a modest start to the greater endeavour of upgrading the role of the Union in the human rights work of this organisation; stresses the need, that the EU must now forcefully insist on exercising its rights and seek an ambitious strategy to further enhance its status at the UN-level.
Amendment 112 #
2012/2145(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its recommendation that the Rome Statute be added to the package of international treaties on good governance and the rule of law to be ratified by third countries admitted to the System of Generalised Preferences Plus (GSP+); supports consistent inclusion of an ICC clause in EU agreements with third countries; welcomes the ratification to the ICC by Cape Verde and Vanuatu; emphasizes the need for a close and permanent cooperation between HR/VP, EU Special Representative on Human Rights, the Commissioner on Humanitarian Aid and Civil Protection, the EEAS and the Member States.
Amendment 175 #
2012/2145(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
Amendment 176 #
2012/2145(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. is deeply concerned about the human rights situation in Libya, notably regarding the conditions of detention and the treatment of detainees held by various militias without effective and serious control by the Interim Government over these brigades, and requires increased alertness and sustained assistance by the international community, as stated by the High Commissioner for Human Rights before the UN Security Council on 25 January 2012;
Amendment 193 #
2012/2145(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Welcomes the strengthened consultative role of the European Parliament's Election Coordination Group (ECG), exercised for the first time in 2011, in the identification and planning of EU Election Observation Missions; expects Parliament's democracy support activities, including the political groups to be further enhanced by the creation of an administrative directorate for democracy support under the political supervision of an enlarged Democracy Support and Election Coordination Group (DSECG);
Amendment 205 #
2012/2145(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Rreiterates its concern, however, with the persistently disappointing lack of progress in a number of human rights dialogues, and the lack of transparent benchmarks to genuinely assess improvements or deterioration in human rights; notes the continued EU difficulties to negotiate improved modalities for the dialogue with China and Russia; calls on the newly appointed EUSR on Human Rights to inject new momentum into these and other dialogues; stresses the need to relaunch the dialogue with Iran, including the human rights dialogue, which was interrupted since 2006
Amendment 218 #
2012/2145(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Calls on the Commission to use free trade agreements to promote the four core labour standards, like freedom of association and the right to collective bargaining; the elimination of all forms of forced labour; the abolition of child labour; and the elimination of discrimination in the area of employment.
Amendment 219 #
2012/2145(INI)
Motion for a resolution
Paragraph 42 b (new)
Paragraph 42 b (new)
42b. Stresses the importance of the anchoring of the CSR (Corporate Social Responsibility) in free trade agreements between the EU and third or developing countries, to promote human rights, social and environmental standards; welcomes the fact the EU Special Representative on Human Rights in line with his mandate has the power to monitor the compliance and implementation of the concept of the CSR.
Amendment 220 #
2012/2145(INI)
Motion for a resolution
Paragraph 42 c (new)
Paragraph 42 c (new)
42c. Demonstrates that the EU has to monitor the fulfilling of the provisions in line with the free trade agreements between the EU and third or developing countries, especially in the field of employment, labour relations, human and fundamental rights, environment, consumer interests and transparency vis- à-vis consumers.
Amendment 221 #
2012/2145(INI)
Motion for a resolution
Paragraph 42 d (new)
Paragraph 42 d (new)
42d. Expects a comprehensive human rights chapter, in addition to social and environmental chapters, in all future Free Trade; calls for the chapter on sustainable development in agreements to be strengthened through the inclusion of a complaints procedure open to the social partners and civil society, the establishment of an independent body to settle pertinent disputes and the possibility of recourse to a dispute settlement mechanism with provision for fines and the suspension of trade benefits in the event of an aggravated breach of the environmental and labour standards concerned, equivalent to mechanisms for market access provisions; stresses that the monitoring and enforcement mechanisms of the GSP+ scheme should be further strengthened
Amendment 225 #
2012/2145(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reiterates that the consistent application of the human rights clause of agreements is fundamental in relations between the European Union and its Member States and third countries; stresses the importance of reviewing how Member States have cooperated with the apparatus of repression in the name of countering terrorism; underlines, in this respect, the need for the newly revised European Neighbourhood Policy to focus on providing support for security sector reform and, in particular, to ensure a clear separation of intelligence and law enforcement functions; calls on the VP/HR, the EU Special Representative on Human Rights, the EEAS, the Council and the Commission to step up their cooperation with the Committee for the Prevention of Torture, and with other relevant Council of Europe mechanisms, in the planning and implementation of counter-terrorism assistance projects with third countries, and in all forms of counter- terrorism dialogues with third countries;
Amendment 243 #
2012/2145(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Welcomes the commitment of the EU Human Rights Action Plan to develop new public guidelines on freedom of expression online and offline, including the protection of bloggers and journalists;, human rights defenders and opposition-parties.
Amendment 246 #
2012/2145(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Notes with concern the worrying trend of increased attacks and intimidation against journalists and media workers in the OSCE areaworld; calls for a stepping up of EU efforts to promote their safety in dialogues with the Union's partners and other countries;
Amendment 248 #
2012/2145(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52a. Is gravely concerned by developments which restrict freedom of expression and assembly based on the basis of misconceptions about homosexuality and transgenderism; recalls that these laws and proposals are inconsistent with the International Covenant on Civil and Political Rights, which precludes discriminatory laws and practices based on sexual orientation; calls on the High Representative/Vice- President of the Commission and the Special Representative for Human Rights to raise these concerns systematically;
Amendment 252 #
2012/2145(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53a. Refers to the position of the European Parliament, adopted at first reading on 27th September 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (EP-PE_TC1- COD(2008)0249; points out that the authorisation in line with the Regulation does not authorise the export of items for use in connection with a violation of human rights, democratic principles or freedom of speech as defined by the Charter of Fundamental Rights of the European Union, by using interception technologies and digital data transfer devices for monitoring mobile phones and text messages and targeted surveillance of internet use (e.g. via Monitoring Centres and Lawful Interception Gateways;
Amendment 258 #
2012/2145(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Acknowledges EU efforts to step up support to civil society organisations; values particularly the ability of the European Union to engage directly with civil society through the European Instrument for Democracy and Human Rights (EIDHR); regrets, however, that EU does not have a stronger systematic policy to persuade partner countries to abolish undue legal and administrative restrictions that limit the universal rights of assembly and association; stresses the importance of trade unions; refers to the Charter of fundamental rights of the European Union, especially to article 12 (freedom of assembly and of association), article 27 (workers' right to information and consultation within the undertaking), article 28 (right of collective bargaining and action) and article 29 (right of access to placement services); calls for such policy guidelines be developed;
Amendment 261 #
2012/2145(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Regrets that persecution and marginalisation of human rights defenders remain a widespread tendency in China, Russia and all othver countries that still mistake high human rights standards for an imposition of the EU, the UN and global human rights organisations; regrets that disbarred lawyers in China and politically persecuted journalists and media workers are regarded as an internal affairthe world;
Amendment 266 #
2012/2145(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Regrets the general assessment in the EU Annual Report that in many countries, there is a contranotes the restrictions of democratic space, and civil society in general and human rights defenders (HRDs) in particular are increasingly victims of repression, and fundamental freedoms are still massively violated;
Amendment 269 #
2012/2145(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Notes that it is the human rights defenders working in remote areas and conflict zones that are the most exposed to threats and dangers, and in least contact with EU staff; urges all EU delegations to develop local human rights strategies for maintaining regular contacts with human rights defenders on the ground and for providing them with necessary assistance and protection, as required by the EU Guidelines on HRDs;
Amendment 273 #
2012/2145(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Reiterates its unfaltering stance against the death penalty in all cases and circumstances, and strongly supports EU efforts to pass a strong resolution on the death penalty moratorium at the 67th session of the UN General Assembly, also with a view to gaining momentum in the run-up to the World Congress against the Death Penalty; underlines the fact that the EU is the leading actor and largest donor to the fight against death penalty
Amendment 277 #
2012/2145(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Welcomes the assessment by human rights organisations that the use of the death penalty in 2011 broadly confirms the global trend towards abolition; welcomes the abolition of death penalty in Thailand for offenders younger than 18 years old; regrets, however, that there was a significant increase in executions in Iran, Iraq and, Saudi Arabia and the United States; expresses serious disappointment at the refusal of China to disclose credible information about its use of death penalty and executions that, according to Amnesty International, number in the thousands; welcomes the abolition of the death penalty in the US state of Illinois but regrets that the United States continues to execute people despite being the only G8 country to do so in 2011; recalls with concern that Belarus is the only European country to continue use the death penalty; urges the EU and its Member States consistently to bring this issue up in their dialogues with these countries;
Amendment 285 #
2012/2145(INI)
Motion for a resolution
Paragraph 66 a (new)
Paragraph 66 a (new)
66a. Welcomes the Commission´s decision of 20 December 2011 to amend Regulation (EC) No 1236/2005 and thereby tighten export controls on certain drugs that can be used for executions and equipment that can be used for torture or executions; calls on the Commission to tackle the remaining loopholes in the regulation by introducing an end-use catch-all clause that would prohibit the export of any drug that could be used for torture or executions;
Amendment 286 #
2012/2145(INI)
Motion for a resolution
Paragraph 66 b (new)
Paragraph 66 b (new)
66b. Calls again on the Commission to insert into Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, a 'torture end-use' clause, enabling Member States, on the basis of prior information, to license and thus refuse the export of any items which pose a substantial risk of being used to these ends by their destined endusers;
Amendment 287 #
2012/2145(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Regrets that the political abuse of psychiatry still remains a painful problem in a number of countries, including Russia, which have a history of using violent psychiatric methods in support of antidemocratic regimes trying to intimidate and stop dissenting segments of society and individuals; emphasises with concern that this tendency goes hand in hand with vague and elusive forms of torture, including psychological terror and degrading conditions of prisons;
Amendment 289 #
2012/2145(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Calls attention to the significance of the report of the UN Special Rapporteur of 5 August 2011 (A/66/268) on torture and other cruel, inhuman or degrading treatment or punishment, focusing on the effects of solitary confinement, including the use of that method in psychiatric clinics; expresses serious concern over the evidence from different countries that psychiatric hospitals are being used as de facto detention centres; calls on the VP/HR and the EEAS, the EU Special Representative on Human Rights, the EEAS and the Commission to pay appropriate attention to this problem;
Amendment 293 #
Amendment 295 #
2012/2145(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Srequires the Member States to vigorously oppose any attempt to undermine the concept of universality, indivisibility and interdependence of human rights and to actively encourage the UNHRC to pay equal attention to the question of discrimination on all grounds, including gender, race, age, sexual orientation religion or belief; strongly regrets that homosexuality remains criminalised in 78 states, including five in which it is subject to the death penalty; calls on these states to decriminalise homosexuality without delay, to free those imprisoned on the basis of their sexual orientation and not to execute them; calls on the EEAS to make full use of the LGBT Toolkit to protect the rights of LGBTI people; calls on the Council to work towards binding guidelines in this area; calls on the EEAS and Member States to assist LGBTI human rights defenders in countries where they are at risk, and calls on the VP/HR and the EU Special Representative on Human Rights to continue making clear the European Union's firm commitment to equality and non-discrimination based on sexual orientation, gender identity and gender expression in the world, including by launching and supporting initiatives at bilateral, international and UN level on these matters; repeats its call on the Commission to issue a roadmap for equality on grounds of sexual orientation and gender identity;
Amendment 297 #
2012/2145(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Underlining the conclusion by the EU of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), and the adoption of the European Disability Strategy 2010-2020, in particular area of action 8; condemns all forms of discrimination based on disability, and calls for all states to ratify and implement the UNCRPD; points out that the EU also needs to monitor the implementation of the UNCRPD on its own territory;
Amendment 298 #
2012/2145(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Calls on Member States to grant asylum to people fleeing persecution in countries where LGBT people are criminalised, on the basis of applicants' well-founded fears of persecution, and relying on their self-identification as lesbian, gay, bisexual, transgender or intersex;
Amendment 299 #
2012/2145(INI)
Motion for a resolution
Paragraph 70 b (new)
Paragraph 70 b (new)
70b. Reasserts that the principle of non- discrimination, including on grounds of sex and sexual orientation, is a fundamental element in the ACP-EU partnership;
Amendment 300 #
2012/2145(INI)
Motion for a resolution
Paragraph 70 c (new)
Paragraph 70 c (new)
70c. Underlines that for the EU's foreign policy to be credible and coherent in the field of fundamental rights, equality and anti-discrimination, the Council should adopt the directive on equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation and enlarge the application of the Framework Decision on Racism and Xenophobia to cover other targeted groups, such as LGBT persons;
Amendment 306 #
2012/2145(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72a. calls on the Commission and the Council to promote an official, judicial legitimisation of the term "climate refugee" (intended to describe people forced to flee their homes and seek refuge abroad as a consequence of climate change), which is not recognised yet in international law or in any legally binding international agreement.
Amendment 319 #
2012/2145(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. highlights its big concern regarding the Great Lake region of Africa, where rape is a weapon of warfare to eradicate a whole population group.
Amendment 322 #
2012/2145(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Urges the EU to enhance its action to end the practices of female genital mutilation (FGM), early and forced marriages, honour killings, and gender- selective abortion; insists that these policies should be essential elements in EU approach to development cooperation; stresses the importance of adequate access to medical means, and of information about sexual and reproductive health, to the wellbeing of women in all countries;
Amendment 325 #
2012/2145(INI)
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75a. Calls on the EU to work closely with UN Women and with the institution at international, regional and national level to enforce women´s rights; stresses in particular the need not only to promote health education and appropriate programmes for sexual and reproductive health and rights, which are a prominent part of the EU´s development and human rights policy towards third countries, but also to ensure that women have fair access to public health care systems and adequate gynaecological and obstetric care as defined by the World Health Organisation.
Amendment 328 #
2012/2145(INI)
Motion for a resolution
Paragraph 75 b (new)
Paragraph 75 b (new)
75b. Requires that the UN Human Rights Council resolution on preventable maternal mortality and morbidity and human rights and the Millennium Development Goals reaffirm that access to information, to education and to health care are basic human rights; stresses that the EU must therefore play an important role in ensuring that women do not die in pregnancy; calls for the Cairo Programme of Action to be implemented in its human rights and development policy aspects, to promote gender equality and women´s and children´s rights, including sexual and reproductive health and rights.
Amendment 333 #
2012/2145(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes that in their Trio Presidency programme, Poland, Denmark and Cyprus made a commitment to actively supportwelcomes all EU-initiatives relating to effortof several Member States to combat violence against women, domestic violence and female genital mutilation, in particular its cross- border aspects; reiterates the need for coherence on EU internal and external policies on these issues, and urges the Commission to make it a priority to end violence against women and girls and, through the allocation of appropriate financial resources, to support targeted and innovative programmes both within the EU and in third countries;
Amendment 339 #
2012/2145(INI)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78a. Draws attention to the serious problem that exists in several countries in sub-Saharan Africa of children being accused of witchcraft, resulting in grave consequences ranging from social exclusion to infanticide, and to the ritual murder of children as sacrifices; notes that the State has a responsibility to protect children from all forms of violence and abuse and, consequently, urges the HR/VP, the EU Special Representative on Human Rights, the Commission and the EEAS to pay particular attention to the protection of children from all forms of violence and to the fate of these children in the human rights dialogues with the governments of the countries concerned and in the programming of the external financial instruments;
Amendment 357 #
2012/2145(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Remains deeply concerned that discrimination based on religion or belief continues in many regions of the world, and that persons belonging to particular religious communities, including religious minorities, continue to be denied their human rights; is particularly concerned by the situation in China where individuals who practise their religion outside officially sanctioned channels, including Christians, Muslims, Buddhists and Falun Gong practitioners, often face persecution; urges China to ratify the International Covenant on Civil and Political Rights (ICCPR) as it has promised; urges the Chinese authorities to suspend and subsequently amend, through genuinely consultative processes with Tibetans, the policies that most negatively impact Tibetan Buddhism, culture and tradition;
Amendment 363 #
2012/2145(INI)
Motion for a resolution
Paragraph 81 a (new)
Paragraph 81 a (new)
Amendment 391 #
2012/2145(INI)
Motion for a resolution
Paragraph 83
Paragraph 83
83. Stresses that international human rights law recognises freedom of religion or belief regardless of registration status, so registration should not be a mandatory precondition for practising one's religion; points out with concern, furthermore, that in China monks and nuns are required to register with the Government, and must operate under Government-controlled management boards, and that this interferes with their religious autonomy and restricts their activitysupports the EU´s efforts to sponsor a resolution in the UN 67 General Assembly on freedom of religion and belief;
Amendment 404 #
2012/2145(INI)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Instructs its President to forward this resolution to the Council, the Commission; the HR/VP, the EU Special Representative on Human Rights, and the European External Action Service, the governments and parliaments of the Member States and the candidate countries, the United Nations, the Council of Europe and the governments of the countries and territories referred to in this resolution.
Amendment 21 #
2012/2092(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that the Union's budget contribution to the transport- related Union agencies and their staffing should be commensurate with their newly assigned additional responsibilities, such as those conferred on the European Aviation Safety Agency, to be implemented as of 2012 and 2013.
Amendment 1 #
2012/2031(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the objectives of Regulation (EC) No 1/2005 on the protection and welfare of animals during transport and related operations, but notand urges that its implementation has led to increased costs that transport companies have to bear, mainly due to the new requirements as regards vehicle facilities;all activities relating to the protection and welfare of animals must be based on the principle that animals are sentient creatures, whose specific needs must be considered as paramount, particularly before, during and after transport; therefore urges that live animals intended for slaughter should never be transported for longer than eight hours.
Amendment 8 #
2012/2031(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that there continues to be a significant administrative burden in the use of satellite navigation devices, in the absence of Community harmonisation of the technical specifications for their useexisting satellite navigation devices are insufficiently used in the Member States and therefore calls for these systems to be used equally in all Member States to provide effective monitoring and supervision of the transport of animals;
Amendment 14 #
2012/2031(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the transport of animals is necessarycarried out for economic reasons, whilst at the same time giving rise to an increase in the financialeconomic costs of animal production, which are borne on the one hand by farmers and breeders, and on the other hand by consumers;
Amendment 15 #
2012/2031(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 23 #
2012/2031(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that good training for transporters, in particular education of drivers, is the basis of animal protection and welfare, as it is the main guarantee ofessential for the proper handling of animals, and therefore calls on the Member States to step up training and education programmes where necessary;
Amendment 33 #
2012/2031(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to improvlement the minspections,imum standards which are in forder to ensure proper compliance with the regulation, and to impose sanctions commensurate with the infringements committedce in relation to the inspection of the transport of animals, as well as uniform sanctions in the event of infringements of the regulation.
Amendment 65 #
2012/2031(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. deplores the fact that animals destined for slaughter are transported all over Europe, with the sole aim of obtaining allegedly better provenance, to the detriment of the animals.
Amendment 72 #
2012/2031(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission Report presenting the state of implementation of Council Regulation (EC) No 1/2005, which contains the conclusion that the Regulation has a positive, albeit insufficient, impact on the welfare of animals during transport; is of the opinion that the appropriate education and training of freight carriers and transporters is indispensable for the proper treatment of animals, thus forming a basis for their protection and well- being; calls, therefore, on all Member States to improve or extend their education and training programmes wherever necessary;
Amendment 74 #
2012/2031(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission Report presenting the state of implementation of Council Regulation (EC) No 1/2005, which contains the conclusion that the Regulation has a positive, albeit insufficient, impact on the welfare of animals during transport; but also points out that severe animal welfare problems during transport persist;
Amendment 84 #
2012/2031(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Expresses concern that the data from the Member States contained in the Report, without any possibility of verification, may not fully reflect the actual state of affairs with regard to the transport of animals because of the differing methods and control mechanisms used in individual Member States; calls, therefore, for existing instruments, in particular satellite navigation systems, to monitor and control the transport of animals, to be used effectively and in all Member States alike;
Amendment 135 #
2012/2031(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Points out that during the 2005-2009 reporting period, the number of long distance transports, i.e. transports exceeding 8 hours, has increased significantly by 32,4%;
Amendment 166 #
2012/2031(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists on a reconsideration of the issue of limiting the transport time of animals destined for slaughter to eight hours, with some exceptions based on geographic conditions, and the option of longer transport of some animal species confirmed by scientific research results, provided that the rules on animal welfare are complied withthat live animals destined for slaughter should never be transported for longer than a maximum of eight hours;
Amendment 178 #
2012/2031(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the information in Member State reports to be similarly structured, so that they provide better and more comparable data.
Amendment 179 #
2012/2031(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls upon the Commission to consider the EFSA recommendation on developing strategies to reduce the volume of transport and the long-distance transport of animals for slaughter and limit journey times, in order to reduce the risk of transport associated disease outbreaks.
Amendment 221 #
2012/2031(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the prescribed density of animals to be recalculated in light of the EFSA recommendations using a formula which takes into account the relationship between the size of animals and their weight.
Amendment 222 #
2012/2031(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes with regret that the Commission's report does not take the transport of poultry into account, despite the fact that poultry is the main animal species transported in Europe;
Amendment 225 #
2012/2031(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Urges the Commission to follow the recommendations of EFSA's Scientific Opinion to carry out further research on the thermal limits and regulation for poultry and rabbits, the effects of ventilation on pigs, space allowance for rabbits, newly hatched chicks and pigs
Amendment 229 #
2012/2031(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls for binding regulations on the minimum height of compartments, adjusted for the species and age of animal in question;
Amendment 247 #
2012/2031(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned that the degree of implementation of the rules governing the transport of animals varies significantly between individual Member States, and therefore calls on the Commission to adopt measures to secure full and uniform monitoring of adherence to the transport conditions; (Due to its importance, this point should be moved to Article 3.)
Amendment 250 #
2012/2031(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is concerned that the degree of implementation of the rules governing the transport of animals varies significantly between individual Member States, and therefore calls on the Commission to adopt measures to secure full and uniform monitoring of adherence to the transport conditions and uniform sanctions which take effect in the event of breaches of the Regulation;
Amendment 87 #
2012/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to ensure the appropriate flexibility and update of the information contained in the Annexes to this Regulation as well as to define the common European risk classification scheme, to update the measures concerning the integration into the European Central Repository and to extend or restrict the dissemination of information contained in the European Central Repository, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. The Commission should provide full information and documentation on its meetings with experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;
Amendment 89 #
2012/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'gross negligence’' means a manifest and wilfulconscious and voluntary violation of the duty of care directly causing foreseeable damage to a person or to a property, or which seriously lowers the level of aviation safety;
Amendment 95 #
2012/0361(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 102 #
2012/0361(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Every person listed in paragraph 3 shall report occurrences within thea time- limit and in accordance with the requirements specified in Annex II point1not exceeding 72 hours after becoming aware of the occurrence.
Amendment 105 #
2012/0361(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Each organisation certified or approved by a Member Stateestablished in a Member State which is not covered by paragraph 6 shall report to the competent authority of that Member State, as referred to in Article 6(2), the details on occurrences collected in accordance with paragraph 1 within 72 hours of becoming aware of the occurrence.
Amendment 109 #
2012/0361(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Each organisation certified or approved by EASA shall report to the EASA the details on occurrences collected in accordance with paragraph 1 within 72 hours of becoming aware of the occurrence.
Amendment 114 #
2012/0361(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Each organisation certified or approvestablished byin a Member State and not covered by paragraph 5 shall report to the competent authority of that Member State, as referred to in Article 6(2), the details on occurrences collected in accordance with paragraph 1 as soon as possible.
Amendment 116 #
2012/0361(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Each organisation certified or approved by EASA shall report to EASA the details on occurrences collected in accordance with paragraph 1 as soon as possible.
Amendment 119 #
2012/0361(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States, the EASA and organisations may establish other safety information collection and processing systems to collect details on occurrences that may not be captured by the reporting systems mentioned in Article 4 and in paragraphs 1 and 2 of this Article. These systems may include the reporting to other entities than the ones described in Article 6(2) and may involve an active participation of the industry.
Amendment 123 #
2012/0361(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. EASA shall designate one or more persons to put in place a mechanism to collect, evaluate, process, analyse and store details on occurrences reported in accordance with Articles 4 and 5. The designated persons shall work separately and independently from other departments of the organisation when handling the information reported in order to ensure the confidentiality of the information and the anonymity of the person reporting the occurrence. It shall be ensured that the agency has sufficient resources to complete the new tasks conferred upon it by this regulation.
Amendment 149 #
2012/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 18 concerning the Annexes to this Regulation in order to adapt the Annexes to technical progress, to align the Annexes with the international agreed taxonomy ADREP, with other legislations adopted by the Union and with international agreements, to update the list of interested parties and the request for European Central Repository information form, and to ensure that the scope of incidents to be reported under the mandatory scheme remains appropriate. Before making any proposal for a delegated act, the Commission shall request the opinion of the EASA and the Network of Aviation Safety Analysts for the review of Annexes I and II of this regulation.
Amendment 89 #
2012/0184(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Since the objective of this Regulation, namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the Union, cannot be sufficiently achieved by the Member States and the establishment of a minimum requirements framework can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, and Member States’ established and well functioning testing regimes should not needlessly be substantially altered and weakened as a result.
Amendment 64 #
2011/2196(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that some airlines charge fees for check-in baggage which often seem disproportionately high and calls on the Commission, with regard to the practices set out in point 3 and to fair and transparent pricing policy, to investigate this practice;
Amendment 149 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The Member States shall enact, speedily and without any undue delay, the necessary legislative measures for the application of Article 4.
Amendment 163 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) not as a first resort, operating restrictions.
Amendment 61 #
2011/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Further gradual opening of the groundhandling market and tThe introduction of harmonised requirements and quality standards for the provision of groundhandling services are likely towill enhance the efficiency and overall quality of groundhandling services for airlines as well as for, passengers and freights forwarders. This should improve the quality of overall airport operations as well as workers in the sector.
Amendment 62 #
2011/0397(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The more providers there are, the greater the pressure on employees. It is therefore essential to harmonise social framework conditions in the sector and to make the observance of collective agreements compulsory.
Amendment 64 #
2011/0397(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 67 #
2011/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Free access tourther opening of the groundhandling market is consistent with the efficient operation of Union airports, provided relevant safeguards are put in place. Free access to the groundhandling market should be introduced gradually and be adapted to the requirements of the sectornd employment standards are guaranteed.
Amendment 73 #
2011/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Gradual opening of the market under Directive 96/67/EC has already produced positivemixed results in terms of improved efficiency and, quality. It is therefore appropriate to proceed with further gradual opening and employment conditions.
Amendment 75 #
2011/0397(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) For certain categories of groundhandling services, access to the market may come up against safety, security, capacity and space availability constraints. It should therefore be possible to limit the number of authorised suppliers of such groundhandling services and self- handling airport users.
Amendment 79 #
2011/0397(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) All groundhandling services suppliers, self-handling airport users and subcontractors operating at an airport should apply the relevant representative collective agreements so as to allow fair competition between groundhandling services suppliers on quality and efficiency.
Amendment 80 #
2011/0397(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) A collective agreement shall be deemed to be representative where it is substantively applicable to groundhandling services and where its territorial applicability within a Member State extends to the airport at which the groundhandling services supplier operates. At airports where there is more than one collective agreement, the agreement deemed to be representative shall be that which applies to the greater number of employees.
Amendment 83 #
2011/0397(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Ambiguity exists as to whether Member States may require the takeover of staff upon a change of provider for groundhandling services to which access is limited. Discontinuity of staff can have a detrimental effect on the quality of groundhandling services. It is therefore appropriate to clarify the rules on the takeover of staff beyond the application of Directive 2001/23/EC on transfers of undertakings enabling Member States to ensure adequate employment and working conditions. In any event, existing collective agreements and statutory labour and social provisions must be observed.
Amendment 93 #
2011/0397(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The managing body of the airport may also supply groundhandling services itself. As at the same time, through its decision, the managing body of the airport may exercise considerable influence on competition between suppliers of groundhandling services, airports should be required to keep strictly separate accounts for their groundhandling services ion a legal entity separate from the legal entity fothe one hand and their infrastructure management on the other.
Amendment 94 #
2011/0397(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to enable airports to fulfil their infrastructure management functions, to guarantee safety and security on airport premises and to ensure the resilience of groundhandling services also in crisis situations the managing body of the airport should be responsible for the proper coordination of groundhandling activities at the airport. It should also be able, where necessary, to commission services to ensure comprehensive service provision at the airport. The managing body of the airport should report on the coordination of airport groundhandling activities to the Performance Review Body of Eurocontrol in view of a consolidated optimisation.
Amendment 95 #
2011/0397(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Where the managing body of an airport supplies groundhandling services itself, or directly or indirectly controls a groundhandling services undertaking, due coordination of the groundhandling services should be monitored by the independent supervisory authority in order to guarantee equal treatment.
Amendment 98 #
2011/0397(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In a labour-intensive sector such as groundhandling, continuous staff development and training have a strong impact on service quality. Minimum training requirements should therefore be set to ensure the quality of operations in terms of reliability, resilience, safety and security, and to create a level playing field among operators. It is incumbent on employers to bear the costs of continuous staff development and training. Minimum training and further training requirements should be determined in the specifications for a regulated occupation of ‘certified airport groundhandling operator’.
Amendment 99 #
2011/0397(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Subcontracting increases flexibility for suppliers of groundhandling services. Nevertheless, subcontracting and cascade subcontracting may also result in capacity constraints and have negative effects on safety and security. Subcontracting should therefore be limited and the rules governing subcontracting should be clarified.
Amendment 101 #
2011/0397(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should retain the power to ensure an adequate level of social protection for the staff of undertakings providing groundhandling services, the primary consideration here being the observance of collective agreements and statutory labour and social provisions.
Amendment 105 #
2011/0397(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that harmonised insurance requirements apply for suppliers of groundhandling services and self- handling airport users, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of insurance requirements for suppliers of groundhandling services and self-handling airport users. In order to ensure that harmonised and properly updated obligations apply concerning the minimum quality standards for groundhandling services and concerning the reporting obligations for suppliers of groundhandling services and self-handling airport users, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifications for minimum quality standards for groundhandling services and in respect of specifications for the content and dissemination of reporting obligations for suppliers of groundhandling services and self-handling airport users. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and involving the specific Sectoral Social Dialogue Committee set up under Decision 98/500/EC.
Amendment 115 #
2011/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) In relation to integrators, ‘self- handling’ covers the groundhandling services supplied for all aircraft in the transport network whether owned or leased by the integrator and irrespective of whether the airline is owned by the integrator or a third party. For the purposes of this paragraph, the groundhandling services supplier must not be an airport user but must belong to the integrator and must meet the minimum quality standards.
Amendment 117 #
2011/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘Integrator’ means an undertaking that offers a transport service, the content of which is laid down in a contract, from a departure point to a final destination, seamlessly integrating transportation, groundhandling, consignment sorting and delivery services;
Amendment 119 #
2011/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) '‘centralised infrastructure'’ means specific airport installations and/or facilities at an airport which cannot, for technical, environmental, cost or capacity reasons, be divided or duplicated and whose availability is essential and necessary for the performance of subsequent groundhandling services;
Amendment 126 #
2011/0397(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each of the airports concerned shall establish a committee of representatives of airport users or of organisations representing airport users ('‘Airport Users'’ Committee'’). Involvement of the social partners in this user network shall be compulsory.
Amendment 143 #
2011/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For airports as referred to in paragraph (1) Member States may limit the number of self-handling airport users authorised to provide the following categories of groundhandling services: (a) baggage handling; (b) ramp handling; (c) fuel and oil handling; (d) freight and mail handling as regards the physical handling of freight and mail, whether incoming, outgoing or being transferred, between the air terminal and the aircraft. Member States may not, however, limit the number of self-handling airport users to fewer than two.
Amendment 157 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number to fewer than two suppliers for each category of groundhandling services or, for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years, to fewer than three suppliers for each category of groundhandling services.
Amendment 164 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1 – introductory part
Article 6 – paragraph 3 – subparagraph 1 – introductory part
At airports where the number of suppliers is limited to two or more suppliers in accordance with paragraph (2) of this Article, or Article 14(1)(a) and (c), at least one of the authorised suppliers shall not be directly or indirectly controlled by:
Amendment 167 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Where the number of authorised suppliers is restricted pursuant to paragraph (2), Member States may not prevent an airport user, whatever part of the airport is allocated to him, from having, in respect of each category of groundhandling service subject to limitation, an effective choice, under the conditions laid down in paragraphs (2) and (3), between at least: two groundhandling services suppliers.
Amendment 171 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 1
Article 6 – paragraph 4 – indent 1
Amendment 176 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 4 – indent 2
Article 6 – paragraph 4 – indent 2
Amendment 180 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 184 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 191 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 200 #
2011/0397(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the applicant has a valid approval issued in accordance with chapter IV on Approval Procedures;for all services offered at an airport.
Amendment 202 #
2011/0397(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the applicant demonstrates its ability and commits in writing to apply the relevant provisions and rules including applicable labour laws, applicable collective agreements, rules of conduct at the airport and quality requirements at the airport. The applicant also undertakes to apply the respective representative collective agreements.
Amendment 210 #
2011/0397(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) level of quality of operations as assessed on the basis of a representative flight schedule including, where relevant, efficient use of staff and equipment, last acceptance of baggage and cargo, delivery times for baggage and cargo and maximum turnaround times;
Amendment 214 #
2011/0397(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point d a (new)
Article 9 – paragraph 3 – point d a (new)
(da) pass marks in a safety audit. The standards for safety audits must comply with the specifications adopted by the Commission. The Commission shall be empowered to adopt those specifications by means of delegated acts in accordance with Article 42.
Amendment 218 #
2011/0397(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point g a (new)
Article 9 – paragraph 3 – point g a (new)
(ga) compliance with social standards, as assessed by the conditions for workers, especially wages and working conditions.
Amendment 220 #
2011/0397(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Suppliers of groundhandling services shall be authorised for a minimum period of seven years and a maximum period of ten years except in the case of exemptions for the opening of self-handling and third- party groundhandling as provided for in Article 14 (1). The exact period for which the suppliers are authorised and the date to start operations shall be clearly indicated in the invitation to tender.
Amendment 227 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where, following the selection procedure laid down in Articles 7 to 10, a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services, Member States mayshall require supplier(s) of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC.
Amendment 233 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a supplier of groundhandling services stops providing to an airport user groundhandling services which constitute a significant part of the groundhandling activities of this supplier in cases not covered by paragraph (2), or where a self- handling airport user decides to stop self- handling, Member States mayshall require the supplier(s) of groundhandling services or self-handling airport user which subsequently provide these groundhandling services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC.
Amendment 243 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
Amendment 245 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
Amendment 246 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Exemptions granted by Member States pursuant to paragraph (1) may not exceed a duration of three years except for exemptions granted under paragraph 1 (b) and (c). Not later than six months before the end of that period the Member State shall take a new decision on each request for exemption, which shall also be subject to the provisions of this Article.
Amendment 248 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Exemptions granted by Member States under paragraphs (1) (b) and (c) may not exceed a duration of twoen years. However, a Member State may in accordance with the considerations referred to in paragraph (1), request that this period be extended by a single period of two years. The Commission shall decide on such a request. The implementing decision shall be adopted in accordance with the advisory procedure referred to in Article 43 (2).
Amendment 249 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Exemptions granted by Member States under paragraphs (1) (b) and (c) may not exceed a duration of two years. However, a Member State may in accordance with the considerations referred to in paragraph (1), request that this period be extended by a single period of two years. The Commission shall decide on such a request. The implementing decision shall be adopted in accordance with the advisory procedure referred to in Article 43 (2).
Amendment 253 #
2011/0397(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The managing body of the airport shall organise a procedure for consultation on the application of this Regulation between itself, the Airport Users' Committee and the undertakings providing groundhandling services. This consultation shall cover, inter alia, the price of those groundhandling services for which an exemption has been granted pursuant to Article 14 (1) (b) and (c) and the organisation of the provision of those services. A consultation meeting shall be held at least once a year. The managing body of the airport shall make a record of that meeting which shall be sent to the Commission at its request.
Amendment 282 #
2011/0397(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The labour and social provisions and collective agreements of the Member State in which self-handling takes place shall apply in the case of the staff of self- handling airport users.
Amendment 284 #
2011/0397(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. An undertaking applying for an approval or having obtained an approval shall respect the national provisions concerning social protection, environmental protection and airport security of all Member States in which it operates. It shall also respect the provisions of labour law (rules on working time, social security, employment arrangements and the right to terminate a contract).
Amendment 287 #
2011/0397(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. For the purposes of the assessment referred to in paragraph (1), each applicant shall submit its audited accounts for the two previous financial years. The approving authority shall establish the form in which documents are to be submitted.
Amendment 289 #
2011/0397(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 291 #
2011/0397(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 292 #
2011/0397(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 1 (new)
Article 20 – paragraph 1 – point 1 (new)
(1) The qualification to be demonstrated in accordance with paragraph 1 shall include at least three years of professional practice and a successfully completed examination. This examination shall require a demonstration of theoretical and practical knowledge.
Amendment 293 #
2011/0397(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 2 (new)
Article 20 – paragraph 1 – point 2 (new)
(2) The theoretical knowledge required for the examination pursuant to paragraph 2 shall include: - provisions of aviation law and other rules - security arrangements - accident prevention rules and environmental protection - labour and social provisions - study of aircraft
Amendment 294 #
2011/0397(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point 3 (new)
Article 20 – paragraph 1 – point 3 (new)
Amendment 300 #
2011/0397(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall be empowered to specify further details on the insurance requirements and minimum amounts by means of a delegated act in accordance with Article 42.
Amendment 305 #
2011/0397(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point b
Article 23 – paragraph 4 – point b
(b) at the request of an approving authority of another Member State; or
Amendment 307 #
2011/0397(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point c
Article 23 – paragraph 4 – point c
(c) at the request of the Commission.; or
Amendment 308 #
2011/0397(COD)
Proposal for a regulation
Article 23 – paragraph 4 – point c a (new)
Article 23 – paragraph 4 – point c a (new)
(c a) on the initiative of an authority.
Amendment 312 #
2011/0397(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approving authority shall take a decision on an application as soon as possible, and not later than two months after all the necessary information has been submitted, taking into account all available evidence. The decision shall be communicated to the applicant and to the approving authorities in the other Member States. A refusal shall indicate the reasons therefore. The trade unions and employees' representatives shall be heard before a decision on approval is taken.
Amendment 314 #
2011/0397(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. The procedure for granting approvals shall be transparent and non- discriminatory and may not go beyond the provisions of this Regulation in restricting market access or the freedom to self- handle.
Amendment 333 #
2011/0397(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The managing body of the airport or, where relevant, the managing body of the centralised infrastructure shall be entitled to recover its costs and to make a reasonable return on assets from the fees charged. The fees shall constitute consideration for infrastructure or a service.
Amendment 351 #
Amendment 352 #
Amendment 355 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 370 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point 1 (new)
Article 29 – paragraph 1 – point 1 (new)
(1) Where the managing body of an airport, the airport user or the supplier of groundhandling services provide groundhandling services, they must rigorously separate the accounts of their groundhandling activities from the accounts of their other activities, in accordance with current commercial practice.
Amendment 371 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point 2 (new)
Article 29 – paragraph 1 – point 2 (new)
(2) An independent examiner appointed by the Member State must check that this separation of accounts is carried out. The examiner shall also check the absence of financial flows between the activity of the managing body as airport authority and its groundhandling activity.
Amendment 372 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 373 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 380 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 388 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 391 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 401 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The managing body of the airport shall be in charge of the proper coordination of groundhandling activities at its airport. As ground coordinator, the managing body of the airport shall in particular ensure that the operations of suppliers of ground-handling services and self-handling airport users comply with the airport rules of conduct as defined in Article 31. The managing body of the airport shall be empowered to enforce the rules of conduct. The measures adopted shall be transparent, proportionate and non- discriminatory.
Amendment 407 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. If the managing body of the airport provides groundhandling services or directly or indirectly controls an undertaking which does so, the independent supervisory authority shall monitor the proper coordination of groundhandling services and the enforcement of the rules of conduct by the management body.
Amendment 415 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) the managing body of the airport shall ensure that a proper contingency plan is drawn up for the operations of suppliers of groundhandling services and self-handling airport users are coordinated through an airport Collaborative Decision Making (CDM) and through a proper contingency plan. The managing body of the airport may use a CDM system for coordination purposes.
Amendment 424 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The managing body of the airport, a public authority or any other body which controls the airport may lay down rules of conduct. If the Airport Users’ Committee regards the rules of conduct as inadequate, it may ask the independent supervisory authority to resolve the matter.
Amendment 428 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point c a (new)
Article 31 – paragraph 3 – point c a (new)
(ca) They shall take appropriate, proportional and non-discriminatory measures to punish breaches of the rules of conduct as defined in Article 30(1).
Amendment 457 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The minimum quality standards shall cover in particular the following fields: operational performance, staff training, nature of equipment, information and assistance to passengers, in particular as referred to in Regulations (EC) No 261/2004 of the European Parliament and of the Council18 and EC (No) 1107/2006 of the European Parliament and of the Council19, CDM, safety, security, contingency measures, and the environment.
Amendment 462 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The minimum quality standards shall comply with the specifications set by the Commission. The Commission shall be empowered to adopt those specifications by means of delegated acts in accordance with Article 42laid down in Annex 1a to this Regulation.
Amendment 467 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 7 a (new)
Article 32 – paragraph 7 a (new)
7a. If a supplier of groundhandling services fails to meet the minimum quality standards, the matter shall be referred to the Airport Users' Committee. On a proposal from the managing body of the airport, and once an appropriate period has elapsed, the Member State may then take proportionate and non- discriminatory measures to enforce the minimum quality standards.
Amendment 492 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 4 – point 1 (new)
Article 34 – paragraph 4 – point 1 (new)
(1) The cost of the training shall at all events be borne by the employer.
Amendment 506 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. A supplier of groundhandling services as referred to in Article 11 (1) may not subcontract groundhandling services, except if it is temporarily unable to provide these groundhandling services due to force majeure.:
Amendment 507 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 4 – point a (new)
Article 35 – paragraph 4 – point a (new)
(a) if it is temporarily unable to provide these groundhandling services due to force majeure.
Amendment 508 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 4 – point b (new)
Article 35 – paragraph 4 – point b (new)
(b) if it takes part in the tendering procedure pursuant to Articles 7 to 10.
Amendment 516 #
2011/0397(COD)
Proposal for a regulation
Article 35 – paragraph 7 a (new)
Article 35 – paragraph 7 a (new)
7a. A supplier of groundhandling services may not subcontract groundhandling services except if it is temporarily unable to provide the services in question due to force majeure.
Amendment 525 #
2011/0397(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. The Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation not later than 5 years after the date of application of this Regulation. The report shall in particular assess any significant impact on the quality of groundhandling services, employment and working conditions. The report shall include the following set of indicators and criteria for a sample of airports:
Amendment 530 #
2011/0397(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Without prejudice to the application of this Regulation, and subject to the other provisions of Union law, Member States mayshall take the necessary measures to ensure protection of rights of workers.
Amendment 533 #
2011/0397(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The delegation of power referred to in Articles 22, 32,9(3)[da], 22 and 33 shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 535 #
2011/0397(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. The delegation of powers referred to in Articles 22, 32,9(3)[da], 22 and 33 may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 536 #
2011/0397(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. A delegated act adopted pursuant to Articles 22, 32,9(3)[da], 22 and 33 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 538 #
2011/0397(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 545 #
2011/0397(COD)
Proposal for a regulation
Annex 1 a (new)
Annex 1 a (new)
Amendment 25 #
2011/0392(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Whereas: The aim of the European satellite navigation policy is to provide the Union with two satellite navigation systems, the system established under the Galileo programme and the EGNOS system (hereinafter 'the systems'). These systems arise respectively from the Galileo and EGNOS programmes (hereinafter 'the programmes'). Each infrastructure is made up of satellites and a network of earth stations. Both of these infrastructures have applications in a variety of fields of activity. The Member States of the European Union should therefore undertake to use the existing or planned navigation systems effectively and equally to monitor and control the transport of animals in Europe.
Amendment 192 #
2011/0391(COD)
Proposal for a regulation
Article 9 – paragraph 8
Article 9 – paragraph 8
8. The coordinator shall also take into account additional guidelines established by the air transport industry Union -wide or world-wide as well as local guidelines proposed by the coordination committee and approved by the Member State or any other competent body responsible for the airport in question, provided that such guidelines do not affect the independent status of the coordinator, comply with Union law, aim at improving the efficient use of airport capacity and have been notified in advance to and pre-approved by the Commission. The local guidelines may only concern the monitoring of the use of slots allocated or the amendment of the definition of a series of slots to reduce its length below 10 slots for the winter scheduling period or below 15 slots for the summer scheduling period, but under no circumstances below 5 slots. The reduction of the length of. Local Rules concern the allocation and monitoring of slots. These can be applied where performance or throughput improvements can be delivered through locally applied rules, the series of slots applies only at airports where demand for air services is highly seasonable must be transparent and non- discriminatory.
Amendment 11 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 a (new) - subparagraph a
Article 1 – point 4 a (new) - subparagraph a
Regulation (EC) No 428/2009
Annex IIc - Part 3 – paragraph 4 - subparagraph 1
Annex IIc - Part 3 – paragraph 4 - subparagraph 1
(a) paragraph 4(1) in Annex IIc, Part 3, is replaced by the following: "Any exporter who uses this authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation [...]prior to the date when the first export takes place. [...]"
Amendment 12 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 a (new) - subparagraph b
Article 1 – point 4 a (new) - subparagraph b
Regulation (EC) No 428/2009
Annex IIc Part 3 – paragraph 4 - subparagraph 3
Annex IIc Part 3 – paragraph 4 - subparagraph 3
(b) paragraph 4(3) in Annex IIc, Part 3, is replaced by the following: "A Member State shall require the exporter established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request."
Amendment 13 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 a (new) - subparagraph c
Article 1 – point 4 a (new) - subparagraph c
Regulation (EC) No 428/2009
Annex IIc Part 3 – paragraph 4 - subparagraph 4a (new)
Annex IIc Part 3 – paragraph 4 - subparagraph 4a (new)
Amendment 14 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 b (new) - subparagraph a
Article 1 – point 4 b (new) - subparagraph a
Regulation (EC) No 428/2009
Annex IId - Part 3 – paragraph 5 - subparagraph 1
Annex IId - Part 3 – paragraph 5 - subparagraph 1
(a) paragraph 5(1) in Annex IId, Part 3, is replaced by the following: "Any exporter who uses this authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date when the first export takes place. [...]"
Amendment 15 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 b (new) - subparagraph b
Article 1 – point 4 b (new) - subparagraph b
Regulation (EC) No 428/2009
Annex IId - Part 3 – paragraph 5 - subparagraph 2
Annex IId - Part 3 – paragraph 5 - subparagraph 2
(b) paragraph 5(2) in Annex IId, Part 3, is replaced by the following Reporting requirements attached to the use of this authorisation and the additional information that the Member State from which the export takes place shall require on items exported under this authorisation are defined by Member States.
Amendment 16 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 b (new) - subparagraph c
Article 1 – point 4 b (new) - subparagraph c
Regulation (EC) No 428/2009
Annex IId - Part 3 – paragraph 5 - subparagraph 3
Annex IId - Part 3 – paragraph 5 - subparagraph 3
(c) paragraph 5(3) in Annex IId, Part 3, is replaced by the following: "A Member State shall require exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request."
Amendment 17 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 b (new) - subparagraph d
Article 1 – point 4 b (new) - subparagraph d
Regulation (EC) No 428/2009
Annex IId - Part 3 – paragraph 5 - subparagraph 4 a (new)
Annex IId - Part 3 – paragraph 5 - subparagraph 4 a (new)
(d) in Annex IId, Part 3, paragraph 5, a following new subparagraph is added after subparagraph 4: "Any exporter who uses this authorisation shall every six months inform the relevant national authority of the Member State where he is established and the Commission of the quantity, value and country of destination of each item exported. This information shall include a description of the items exported along with the relevant control list reference as set out in Annex 1 of this Regulation. Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union."
Amendment 18 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 c (new) - subparagraph a
Article 1 – point 4 c (new) - subparagraph a
Regulation (EC) No 428/2009
Annex II f - Part 3 – paragraph 1 - point 1 - subparagraph ca (new)
Annex II f - Part 3 – paragraph 1 - point 1 - subparagraph ca (new)
(a) in Annex IIf, Part 3, a following new subparagraph is added after point (1)(c): "ca) for the launching of cyber-attacks, or of any other means of politically motivated hacking to conduct sabotage or espionage, to deface web pages, or to use denial-of-service attacks to take web pages down."
Amendment 19 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 c (new) - subparagrah b
Article 1 – point 4 c (new) - subparagrah b
Regulation (EC) No 428/2009
Annex II f - Part 3 – paragraph 3 - subparagraph 1
Annex II f - Part 3 – paragraph 3 - subparagraph 1
(b) paragraph 3(1) in Annex IIf, Part 3, is replaced by the following: Any exporter who uses this general authorisation must notify the competent authorities of the Member State where he is established (as defined in Article 6(6)) and the Commission of the first use of this authorisation prior to the date when the first export takes place. [...]
Amendment 20 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 c (new) - subparagraph c
Article 1 – point 4 c (new) - subparagraph c
(c) paragraph 3(2) in Annex IIf, Part 3, is replaced by the following: "Reporting requirements attached to the use of this authorisation and additional information that the Member State from which the export takes place shall require on items exported under this authorisation are defined by Member States."
Amendment 21 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 c (new) - subparagrah d
Article 1 – point 4 c (new) - subparagrah d
Regulation (EC) No 428/2009
Annex II f - Part 3 – paragraph 3 - subparagraph 3
Annex II f - Part 3 – paragraph 3 - subparagraph 3
(d) paragraph 3(3) in Annex IIf, Part 3, is replaced by the following: "A Member State shall require exporters established in that Member State to register prior to the first use of this authorisation. Registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt of the registration request."
Amendment 22 #
2011/0310(COD)
Proposal for a regulation
Article 1 – point 4 c (new) - subparagraph e
Article 1 – point 4 c (new) - subparagraph e
Regulation (EC) No 428/2009
Annex II f - Part 3 – paragraph 3 - subparagraph 4 a (new)
Annex II f - Part 3 – paragraph 3 - subparagraph 4 a (new)
(e) in Annex IIf, Part 3, paragraph 3, a following new subparagraph is added after subparagraph 4: "Any exporter who uses this general authorisation shall every six months inform the relevant national authority of the Member State where he is established and the Commission of the quantity, value and country of destination of each item exported. This information shall include a description of the items exported along with the relevant control list reference as set out in Annex 1 of this Regulation. Member States shall notify the Commission of the notification mechanism chosen for this General Export Authorisation. The Commission shall publish the information notified to it in the C series of the Official Journal of the European Union."
Amendment 256 #
2011/0302(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(13) "(12) "transport bottleneck" means a physical and/or functional barrier that leads to a system break affecting the continuity of long-distance flows. Such a barrier can be absorbed by new infrastructure such as bridges or tunnels that address problems as for example gradients, curve radii, gauge. The need to upgrade existing infrastructure shall not be considered as a bottleneck and which can be surmounted by extending or modernising existing infrastructure and/or by creating new infrastructure;
Amendment 303 #
2011/0294(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Member States shall ensure that the comprehensive network is completed and fully complies with the relevant provisions of this Chapter by 31 December 2050 at the latest. An exception applies to buildings which have a lifetime of up to 100 years and were built before the implementation of this Directive.
Amendment 428 #
2011/0294(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) rivers, canals and lakes comply with the minimum requirements for class IV waterways regarding bridge clearance and depth and width of navigable channel as laid down in the European Agreement on Main Inland Waterways of International Importance (AGN) on the new classification of inland waterways and ensure continuous bridge clearance.
Amendment 558 #
2011/0294(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point f
Article 36 – paragraph 1 – point f
(f) bypassing of urban areas for rail freight transport where topography allows it;
Amendment 126 #
2011/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 231 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 21 – paragraph 1
Article 21 – paragraph 1
(1) The driver card shall be issued, at the request of the driver by the competent authority of the Member State where the driver has his normal residence. It shall be issued within one month15 calendar days of the request being received by the competent authority.
Amendment 298 #
2011/0196(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
Regulation (EC) No 561/2006
Article 13
Article 13
Amendment 301 #
2011/0196(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
Regulation (EC) No 561/2006
Article 13
Article 13
Amendment 350 #
2011/0039(COD)
Proposal for a regulation – amending act
Annex – section 19 a (new) – title
Annex – section 19 a (new) – title
19a. COUNCIL REGULATION (EC) NO 428/2009 OF 5 MAY 2009 SETTING UP A COMMUNITY REGIME FOR THE CONTROL OF EXPORTS, TRANSFER, BROKERING AND TRANSIT OF DUAL-USE ITEMS
Amendment 351 #
2011/0039(COD)
Proposal for a regulation – amending act
Annex – section 19 a (new) – introductory part
Annex – section 19 a (new) – introductory part
As regards Regulation (EC) No 428/2009, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty for the purpose of adopting updates of the list of dual-use items set out in Annex I and Annex IV in conformity with the relevant obligations and commitments, and any modification thereof, that Member States or the European Union have accepted as members of the international non- proliferation regimes and export control arrangements, or by ratification of relevant international treaties.. Accordingly, Regulation (EC) No 428/2009 is amended as follows:
Amendment 352 #
2011/0039(COD)
Proposal for a regulation – amending act
Annex – section 19 a (new) – point 1
Annex – section 19 a (new) – point 1
Regulation (EC) No 428/2009
Recital 19 a (new)
Recital 19 a (new)
Amendment 353 #
2011/0039(COD)
Proposal for a regulation – amending act
Annex – section 19 a (new) – point 2
Annex – section 19 a (new) – point 2
Regulation (EC) No 428/2009
Article 15
Article 15
2. Article 15 shall be replaced by the following: "Article 15 Updating of List of Dual-Use Items The Commission shall be empowered to adopt delegated acts in accordance with Articles 22a and 22b concerning the adoption of updates of the list of dual-use items set out in Annex I and Annex IV in conformity with the relevant obligations and commitments, and any modification thereof, that Member States or the European Union have accepted as members of the international non- proliferation regimes and export control arrangements, or by ratification of relevant international treaties. Annex IV, which is a subset of Annex I, shall be updated with regard to Article 30 of the Treaty establishing the European Community, namely the public policy and public security interests of the Member States."
Amendment 354 #
2011/0039(COD)
Proposal for a regulation – amending act
Annex – section 19 a (new) – point 3
Annex – section 19 a (new) – point 3
Regulation (EC) No 428/2009
Article 22 a (new)
Article 22 a (new)
3. The following article shall be inserted: "Article 22a Conferral of powers The Commission shall be empowered to adopt delegated acts in accordance with Article 22b concerning the adoption of updates of the list of dual-use items set out in Annex I and Annex IV in conformity with the relevant obligations and commitments, and any modification thereof, that Member States or the European Union have accepted as members of the international non- proliferation regimes and export control arrangements, or by ratification of relevant international treaties."
Amendment 355 #
2011/0039(COD)
Proposal for a regulation – amending act
Annex – section 19 a (new) – point 4
Annex – section 19 a (new) – point 4
Regulation (EC) No 428/2009
Article 22 b (new)
Article 22 b (new)
4. The following article shall be inserted: "Article 22b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 15 shall be conferred on the Commission until the expiry of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before that date. 3. The delegation of power referred to in Article 15 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council."
Amendment 47 #
2011/0023(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should ensure that the costs arising from measures taken to use PNR data are not passed on to passengers.
Amendment 233 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive shall not apply to flights within the territory of the Union or the means of transport other than airplanes.
Amendment 275 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 286 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i – introductory part
Article 2 – paragraph 1 – point i – introductory part
(i) ‘serious transnational crime’ means the following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a Member State, and: trafficking in human beings, sexual exploitation of children, illicit trafficking in narcotic drugs, illicit trafficking in weapons and illicit trafficking in munition and explosives if :
Amendment 331 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt. Member States shall adopt the necessary measures to ensure that their Passenger Information Unit may request air carriers in accordance with Article 6 to: (a) transfer (‘push’) all PNR data of all passengers arriving or departing from that Member state in an anonymised format; (b) transfer (‘push’) specific PNR data of an individual linked to a name, contact detail or payment method linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime; (c) transfer (‘push’) PNR data of all passengers on specific flights where a risk assessment of the Passenger Information Unit has proven a high concrete risk that persons linked to a specific case of prevention, detection, investigation or prosecution of a terrorist offence or a specific serious transnational crime are travelling on those flights.
Amendment 340 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 342 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A request pursuant to subparagraphs 1 (b) and (c) shall be subject to prior authorisation by a judicial authority and subject to a quarterly judicial review. The specification referred to in subparagraph 1 (c) may be temporal, geographical or both.
Amendment 345 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or a certain type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in line with the requirement set out in paragraph 3. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 361 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or seriousa type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment the Passenger Information Unit may compare PNR data against relevant databases, including international or national databases or national mirrors of Unionnational databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such filesdata bases. In carrying out such an assessment the Passenger Information Unit may compare PNR data against the Schengen Information System and the Visa Information System. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action; and
Amendment 363 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis, to duly reasoned requests from competent authorities to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigationin accordance with Article 4a (new) and pfrosecution of a terrorist offence or serious crime, and to provide the competent authorities with the results of such processing; andm Passenger Information Units from other Member States in accordance with Article 7.
Amendment 374 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 377 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5 and regularly reviewed. The regular review shall involve the Data Protection Officer and ensure that the assessment criteria remain targeted, specific, justified, proportionate and fact-based. The assessment criteria shall in no circumstances be based on data revealing a person’'s race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership, health or sexual life. sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning, health or sex life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.
Amendment 397 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Data Protection Officer shall have access to all data transmitted to the Passenger Information Unit and from the Passenger Information Unit to a competent authority pursuant to Article 5. If the Data Protection Officer considers that transmission of any data was not lawful, he/she shall refer the matter to the Supervisory Authority, who shall have the power to order the receiving competent authority to erase the data.
Amendment 400 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4b. The storage, processing and analysis of PNR data shall be carried out exclusively within the territory of the Union. The law applicable to these procedures shall therefore be Union law on personal data protection.
Amendment 401 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4c. Member States shall bear the costs of use, retention and exchange of PNR data.
Amendment 406 #
2011/0023(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 613 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers, pursuant to Article 4(1), subparagraphs (b) and (c), to the Passenger Information Unit, are retained in a database at the Passenger Information Unit for a period of 302 days after their first transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is landing or departing.
Amendment 626 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Upon expiry of the period of 302 days after the first transfer of the PNR data to the Passenger Information Unit referred to in paragraph 1, the data shall be retained at the Passenger Information Unit for a further period of fivone years. During this period, all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such anonymised PNR data shall be accessible only to a limited number of personnel of the Passenger Information Unit specifically authorised to carry out analysis of PNR data and develop assessment criteria according to Article 4(2)(d). Access to the full PNR data shall be permitted only by the Head of the Passenger Information Unit for the purposes of Article 4(2)(c) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecutions shall be depersonalised through masking out in accordance with Article 9a (new).
Amendment 638 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 668 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The result of matching referred to in Article 4(2)(a) and (b) shall be kept by the Passenger Information Unit only as long as necessary to inform the competent authorities of a positive match. Where the result of an automated matching operation has, further to individual review by non- automated meanssubject to human intervention by a member of the Passenger Information Unit, proven to be negative, it shall, however, be stored so as to avoid future ‘'false’' positive matches for a maximum period of threone years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the fivone years, in which case the log shall be kept until the underlying data are deleted.
Amendment 673 #
2011/0023(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 719 #
2011/0023(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Processing of special categories of data 1. Member States shall prohibit the processing of PNR data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation or gender identity, trade-union membership or activities, and the processing of biometric data or of data concerning health or sex life. 2. In the event that PNR data revealing such information are received by the Passenger Information Unit, they shall be deleted without delay. To that end, upon the receipt of PNR data from air carriers, Member States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. 3. In order to identify and delete any sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit or another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
Amendment 724 #
2011/0023(COD)
Proposal for a directive
Article 11 c (new)
Article 11 c (new)
Article 11c Right of access for the data subject Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit a copy of the PNR data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
Amendment 726 #
2011/0023(COD)
Proposal for a directive
Article 11 d (new)
Article 11 d (new)
Article 11d Right to rectification and completion 1. Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit the rectification or the completion of personal data relating to him or her which are inaccurate or incomplete, in particular by way of a completing or corrective statement. 2. Member States shall provide that the Passenger Information Unit informs the data subject in writing, with a reasoned justification, of any refusal of rectification or completion, on the reasons for the refusal and on the possibilities of lodging a complaint with the supervisory authority and seeking a judicial remedy. 3. Member States shall provide that the Passenger Information Unit shall communicate any rectification carried out to each recipient to whom the data have been disclosed, unless to do so proves impossible or involves a disproportionate effort. 4. Member States shall provide that the Passenger Information Unit communicates the rectification of inaccurate personal data to the third party from whom the inaccurate personal data originate.
Amendment 727 #
2011/0023(COD)
Proposal for a directive
Article 11 e (new)
Article 11 e (new)
Amendment 728 #
2011/0023(COD)
Proposal for a directive
Article 11 f (new)
Article 11 f (new)
Amendment 729 #
2011/0023(COD)
Proposal for a directive
Article 11 g (new)
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
Amendment 730 #
2011/0023(COD)
Proposal for a directive
Article 11 h (new)
Article 11 h (new)
Amendment 731 #
2011/0023(COD)
Proposal for a directive
Article 11 i (new)
Article 11 i (new)
Article 11i Right to judicial remedy 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority, Member States shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this Directive have been infringed as a result of the processing of their personal data in non- compliance with these provisions. 2. Member States shall ensure that final decisions by the court referred to in this Article will be enforced.
Amendment 732 #
2011/0023(COD)
Proposal for a directive
Article 11 j (new)
Article 11 j (new)
Article 11j Liability and the right to compensation Member States shall provide that any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to claim compensation for the damage suffered.
Amendment 733 #
2011/0023(COD)
Proposal for a directive
Article 11 k (new)
Article 11 k (new)
Article 11k Penalties for non-compliance Member States shall lay down the rules on penalties, applicable to infringements of the provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 734 #
2011/0023(COD)
Proposal for a directive
Article 11 l (new)
Article 11 l (new)
Article 11l Notification of a personal data breach to the supervisory authority 1. Member States shall provide that in the case of a personal data breach, the Passenger Information Unit, without undue delay and, where feasible, not later than 24 hours, the personal data breach to the supervisory authority. The Passenger Information Unit shall provide, on request, to the supervisory authority a reasoned justification in cases of any delay. 2. The notification referred to in paragraph 1 shall at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) communicate the identity and contact details of the Data Protection Officer referred to in Article 3a (new) or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describe the possible consequences of the personal data breach; (e) describe the measures proposed or taken by the Passenger Information Unit to address the personal data breach and mitigate its effects. In case all information cannot be provided without undue delay, the Passenger Information Unit can complete the notification in a second phase. 4. Member States shall provide that the Passenger Information Unit documents any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose. 5. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 735 #
2011/0023(COD)
Proposal for a directive
Article 11 m (new)
Article 11 m (new)
Article 11m Communication of a personal data breach to the data subject 1. Member States shall provide that when the personal data breach is likely to adversely affect the protection of the personal data and/or the privacy of the data subject, the Passenger Information Unit shall, after the notification referred to in Article 11l (new), communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 shall be comprehensive and use clear and plain language. It shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (d) of Article 11l (new) and information about the rights of the data subject, including redress. 3. The communication of a personal data breach to the data subject shall not be required if the Passenger Information Unit demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the PNR data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 4. The communication to the data subject may be delayed or restricted, in a specific case, to the extent that such a delay or restriction constitutes a necessary and proportionate measure: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to protect public security; (c) to protect the rights and freedoms of others.
Amendment 790 #
2011/0023(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Limitation This Directive shall loose its effect after a period of seven years. The Commission may propose to extend the effect of this Directive for further seven-year-periods. The decision of extension shall be taken by ordinary legislative procedure after the approval by the European Parliament and the Council.
Amendment 127 #
2010/2206(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that Community programmes such as ‘Erasmus for Young Entrepreneurs and ’Leonardo da Vinci' present unique opportunities for acquiring professional and training skills and should therefore be further developed and promoted, also adapting programmes so that safety, customer care, accessibility and sustainability aspects are taken into account;
Amendment 216 #
2010/2206(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Takes note of the continuing growth in health tourism and in spa tourism in particular; calls on the Commission, in view of the fact that there are a variety of Community rules covering spa-tourism issues, to consider the possibility of tabling a single legislative proposal on spa tourism in order to give the sector a controlled organic structure encouraging its competitiveness; stresses the importance of new rules on cross-border healthcare for the further promotion of health tourism; in particular there is a need for setting clear minimum requirements for medical history checks and patient information provision, the advertising and marketing of aesthetic surgery services, the educational requirements for the health service provider/surgeon (within the limits of existing legislation), as well as any follow-up services and advice, together with transparent and fair complaints- handling and dispute resolution mechanisms;
Amendment 67 #
2010/2203(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need for a stricter definition of ‘foreign investor’, to ensure investment protection for sustainable foreign investments only and having portfolio investments excluded , considering that broad definitions have led to abusive practices,; which should not be permitted;
Amendment 144 #
2010/2203(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that major changes must be made to the present dispute settlement regime, in order to includequestion the investor- state-dispute settlement and discuss alternative solutions. There is also a need for greater transparency, the opportunity for parties to appeal, the obligation to exhaust local judicial remedies (where relevant), the possibility to use amicus curiae briefs and the obligation to select one single place of arbitration;
Amendment 11 #
2010/2154(INI)
Motion for a resolution
Recital F
Recital F
F. whereas health represents an asset to be preserved and exposure to ionising radiation from certain types of scanners, such as those emitting X-rays with cumulative effects, needs to be analysed; whereas this represents a risk that should be avoidand must not be permitted,
Amendment 21 #
2010/2154(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas cargo and mail are loaded onto passenger planes and therefore present a target for terrorist attacks, taken into account that security control for cargo and mail is much lower than for passengers, security measures must me tightened for mail and cargo which is loaded onboard of passenger planes,
Amendment 61 #
2010/2154(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Proposes, more specifically, that the Commission should revise the rules on the use of security scanners on a regularly basis to ensure that the provisions on the protection of health and fundamental rights are adapted to technological progress;
Amendment 101 #
2010/2154(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that exposure to doses of ionising radiation above the recommended annual limits cannot be acceptable; believes, therefore, that X-ray transmission imaging should not be used in systematic security screening;
Amendment 120 #
2010/2154(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such protection can be better achieved when a standard figure isonly stick figures should be used, and that the use ofno body images should be permitted only with the appropriate guarantees and on an exceptional basis;taken.
Amendment 132 #
2010/2154(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that images should not be stored for longer than is necessary to ensure aviation securitystick figures must not be stored, and can only be used for the amount of time necessary for the screening process, that they shouldmust be destroyed once they are no longer necessary for the intended purposedirectly afterwards, and that they should not be used for purposes other than to detect prohibited objects;
Amendment 141 #
2010/2154(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view that the operating rules must ensure that people area random process of selection is applied and passengers must not be selected to pass through a security scanner on the basis of discriminatory criteria;
Amendment 149 #
2010/2154(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that, wheno images are used, they should not be linked to the passenger's identity and measures should be takentaken, in order to enssecure that passengers cannot be identified with images of any part of the body unless this is necessar' identity;
Amendment 150 #
2010/2154(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that the technology used must not have the capabilities to store or save data;
Amendment 151 #
2010/2154(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls on the Commission to grant, that staff working with the technology of security scanners must not be allowed to have any devices capable of capturing images during working shifts;
Amendment 168 #
2010/2154(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Urges the Council to immediately adopt a position on aviation security charges at first reading as soon as possible, due to the fact that legislation on aviation security and legislation on aviation security charges are intertwined;
Amendment 216 #
2010/0253(COD)
Proposal for a directive
Recital 25
Recital 25
(25) All railway undertakings should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with duefull regard to existing obligations in relation to health, social conditions, and the rights of workers and consumers on specific stretches of track.
Amendment 216 #
2010/0253(COD)
Proposal for a directive
Recital 25
Recital 25
(25) All railway undertakings should also be required to comply with national and Union rules on the provision of railway services, applied in a non-discriminatory manner, which are intended to ensure that it can carry on its activity in complete safety and with duefull regard to existing obligations in relation to health, social conditions, and the rights of workers and consumers on specific stretches of track.
Amendment 283 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity, for the operation of railway service on their respective territories;
Amendment 283 #
2010/0253(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘applicant’ means a licensed railway undertaking, and, in Member States which provide for such a possibility, other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity, for the operation of railway service on their respective territories;
Amendment 313 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) The formation of an association within a concern shall not represent a breach of the provisions of this article if guarantees are provided that the undertakings are legally autonomous.
Amendment 313 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) The formation of an association within a concern shall not represent a breach of the provisions of this article if guarantees are provided that the undertakings are legally autonomous.
Amendment 324 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 324 #
2010/0253(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 391 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructure managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access package laid down in Annex III, point 1.
Amendment 391 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. RInfrastructure managers shall supply to railway undertakings shall, on a non- discriminatory basis, be entitled to the minimum access package laid down in Annex III, point 1.
Amendment 397 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 397 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 406 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 406 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 415 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility.
Amendment 415 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility may only be rejected if there are viable alternatives allowing them to operate the freight or passenger service concerned on the same route under economically acceptable conditions. The burden of proving for the existence of a viable alternative lies with the operator of the service facility.
Amendment 418 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility, and supply of services may only be rejected if there are viable alternatives allowing them applying railway undertaking to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions. This shall not oblige the operator of the service facility to make investments in order to accommodate all requests by railway undertakings. The burden of provingof for the existence of a viable alternative lies with the operator of the service facilityregulatory body. The service provider shall be required to provide a justification of any denial of access to its facility or to the supply of the service concerned.
Amendment 418 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 3
Article 13 – paragraph 2 – subparagraph 3
Requests by railway undertakings for access to the service facility, and supply of services may only be rejected if there are viable alternatives allowing them applying railway undertaking to operate the freight or passenger service concerned on the same or alternative routes under economically acceptable conditions. This shall not oblige the operator of the service facility to make investments in order to accommodate all requests by railway undertakings. The burden of provingof for the existence of a viable alternative lies with the operator of the service facilityregulatory body. The service provider shall be required to provide a justification of any denial of access to its facility or to the supply of the service concerned.
Amendment 427 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to determine whether the application was wrongly rejected. If that is the case, it shall ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 427 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, he shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to determine whether the application was wrongly rejected. If that is the case, it shall ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 428 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, heit shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 428 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 4
Article 13 – paragraph 2 – subparagraph 4
When the operator of the service facility encounters conflicts between different requests, heit shall attempt the best possible matching of all requirements. If no viable alternative is available, and it is not possible to accommodate all requests for capacity for the relevant facility on the basis of demonstrated needs, the regulatory body referred to in Article 55 shall on its own initiative or on the basis of a complaint take appropriate action to ensure that an appropriate part of the capacity is devoted to railway undertakings other than the ones which are part of the body or firm to which the facility operator also belongs. However newly built maintenance and other technical facilities developed for specific new rolling stock may be reserved to the use of one railway undertaking for a period of five years from the start of their operation.
Amendment 438 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 438 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 5
Article 13 – paragraph 2 – subparagraph 5
Amendment 447 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the infrastructure managea service operator offers any of the range of services described in Annex III, point 3 as additional services, he shall supply them upon request to railway undertakings in a non-discriminatory manner.
Amendment 447 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the infrastructure managea service operator offers any of the range of services described in Annex III, point 3 as additional services, he shall supply them upon request to railway undertakings in a non-discriminatory manner.
Amendment 451 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 451 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 455 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 455 #
2010/0253(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 475 #
2010/0253(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Amendment 475 #
2010/0253(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Amendment 492 #
2010/0253(COD)
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Amendment 492 #
2010/0253(COD)
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Amendment 499 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Amendment 499 #
2010/0253(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Amendment 523 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Amendment 523 #
2010/0253(COD)
Proposal for a directive
Article 31 – paragraph 5 – subparagraph 2
Article 31 – paragraph 5 – subparagraph 2
Amendment 541 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4
Article 32 – paragraph 1 – subparagraph 4
Amendment 541 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 4
Article 32 – paragraph 1 – subparagraph 4
Amendment 545 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
Amendment 545 #
2010/0253(COD)
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
Amendment 549 #
2010/0253(COD)
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 549 #
2010/0253(COD)
Proposal for a directive
Article 35 – paragraph 2 – subparagraph 1
Article 35 – paragraph 2 – subparagraph 1
Amendment 570 #
2010/0253(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Amendment 570 #
2010/0253(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Amendment 622 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 8 – subparagraph 3
Article 56 – paragraph 8 – subparagraph 3
Amendment 622 #
2010/0253(COD)
Proposal for a directive
Article 56 – paragraph 8 – subparagraph 3
Article 56 – paragraph 8 – subparagraph 3
Amendment 643 #
2010/0253(COD)
Proposal for a directive
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Powers to adopt the delegated acts referred to in Articles 7(1) second subparagraph, 13(5) second subparagraph, 15(5) second subparagraph, 20 third paragraph, 27(2), 30(3) second subparagraph, 31(5) second subparagraph, 32(1) third subparagraph, 32(3), 35(2), 43(1) and 56(8) third sub 20 third paragraph shall be conferred on the Commission for an indeterminate period of time.
Amendment 643 #
2010/0253(COD)
Proposal for a directive
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Powers to adopt the delegated acts referred to in Articles 7(1) second subparagraph, 13(5) second subparagraph, 15(5) second subparagraph, 20 third paragraph, 27(2), 30(3) second subparagraph, 31(5) second subparagraph, 32(1) third subparagraph, 32(3), 35(2), 43(1) and 56(8) third sub 20 third paragraph shall be conferred on the Commission for an indeterminate period of time.
Amendment 679 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 2 – subpoint a
Annex 3 – point 2 – subpoint a
(a) passenger stations, their buildings and other facilities, including ticketing and travel information;
Amendment 679 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 2 – subpoint a
Annex 3 – point 2 – subpoint a
(a) passenger stations, their buildings and other facilities, including ticketing and travel information;
Amendment 686 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 2 – subpoint g
Annex 3 – point 2 – subpoint g
(g) port facilities which are linked to rail activitietrack access to ports;
Amendment 686 #
2010/0253(COD)
Proposal for a directive
Annex 3 – point 2 – subpoint g
Annex 3 – point 2 – subpoint g
(g) port facilities which are linked to rail activitietrack access to ports;
Amendment 114 #
2010/0197(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) constitute an obstacle to the development and the implementation of the Union's policies relating to investment, including in particular the common commercial policyespecially with regard to policy coherence with the Union's foreign policy in general and support for sustainable development in particular (Article 205 of the Treaty and Article 21 of the Treaty on European Union).
Amendment 41 #
2009/2219(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Firmly supports the practice of including legally binding human rights clauses in the EU’s international agreements but points out that major challenges persist with regard to monitoring and implementing these clauses; reiterates the fact that these clauses must also be included in all trade and sectoral agreements, with a clear and precise consultation mechanism modelled on Article 96 of the Cotonou Agreement; in this respect welcomes the inclusion of such a clause in the free trade agreement with Colombia;
Amendment 44 #
2009/2219(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the fact that the same approach of systematic inclusion should also be applied to the chapters on sustainable development in bilateral agreements; considers nonetheless that the requirement on application of standards could vary between countries, according to their economic situation, and that gradual and flexible application is therefore necessary, with the negotiation taking account of the partner’s capacity;
Amendment 46 #
2009/2219(INI)
Motion for a resolution
Paragraph 12a (new)
Paragraph 12a (new)
Amendment 47 #
2009/2219(INI)
Motion for a resolution
Paragraph 12b (new)
Paragraph 12b (new)
12b. Stresses that respect for these standards must be understood to include their ratification, their incorporation into national law and their effective implementation throughout the country’s territory;
Amendment 48 #
2009/2219(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that in the context of free trade agreements, conditional liberalisations including shortening the timetable for abolishing restrictions or access to an additional market couldmust be envisaged, depending on compliance with environmental and social standards;
Amendment 54 #
2009/2219(INI)
Motion for a resolution
Paragraph 15 – point b
Paragraph 15 – point b
(b) appeals to an independent body to settle disputes relating to social and environmental problems speedily and effectively, such as panels of experts selected by both parties on the basis of their expertise in human rights, labour law and environmental law, and whose recommendations would have to form part of a well-defined process, with implementing provisions,
Amendment 55 #
2009/2219(INI)
Motion for a resolution
Paragraph 15 – point c
Paragraph 15 – point c
(c) recourse to a dispute settlement mechanism on an equal footing with the other parts of the agreement, with provision for fines to improve the situation in the sectors concerned, or at least a temporary suspension of certain trade benefits provided for under the agreement, in the event of an aggravated breach of these standards;
Amendment 5 #
2009/2154(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. having regard to recital 8 of this regulation, according to which the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970 (the AETR) must be modified as soon as possible in order to align its provisions with this Regulation,
Amendment 7 #
2009/2154(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that in past reporting periods there have been significant delays, so that, for example, the current report of 3 August 2009 (the 24th report from the Commission analysing the penalties for serious infringements against the social rules in road transport) deals only with data from 2005 and 2006, and hence can draw hardly any conclusions about the current state of harmonisation of the social rules for road transport users;
Amendment 8 #
2009/2154(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that while in 2005, 2006 and 2009 there were substantial changes to the social rules and their enforcement as a result of the adoption of Regulation (EC) No 561/2006 and the amending of Regulation (EEC) No 3821/85 and Directive 2006/22/EC, no meaningful data are so far available on the development of ‘social harmonisation’ in road transport;
Amendment 9 #
2009/2154(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission and the Member States to do their utmost to ensure that the objectives set out in Article 17 of Regulation (EC) No 561/2006 are fulfilled more quickly, so that more recent statistics are available for future harmonisation measures;
Amendment 10 #
2009/2154(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that Article 2 of Directive 2009/5/EC grants the Member States a transitional period after which they are required to enact the necessary legal and administrative provisions to enable them to comply with that directive by 31 December 2009 at the latest;
Amendment 11 #
2009/2154(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 31 #
2009/2154(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and the Member States to do their utmost to ensure that the provisions of the AETR are brought into line with the provisions of this regulation very speedily. Should this not be achieved within the period of one year, the Commission proposes appropriate measures to deal with the situation;
Amendment 59 #
2009/2096(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 94 #
2009/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is of the view that the full internalisation of external costs to the environment and health must start with road freight, due to its overwhelming importance for the environment, the economy and society, and that the decision-making process on the Eurovignette Directive should be concluded swiftly;
Amendment 101 #
2009/2096(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 113 #
2009/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Finds that the development ofshifting of both 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, and that the goal of European transport policy should therefore be effective comodalitytowards more environmentally compatible modes of transport should continue to be the European Union’s goal;
Amendment 141 #
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 regula. Completed 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, inter alia in the social, fiscal and environmental fieldsin rail transport, i.e. in national passenger transport, ignores the railways’ role as an element in the provision of general interest services and thins out the network, thereby putting comprehensive provision of rail services at risk;
Amendment 176 #
2009/2096(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for enforceable and verifiable rules on the conditions of employment of mobile personnel, in order to improve their working conditions and remove distortions of competition;
Amendment 179 #
2009/2096(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Draws attention to the fact that the provision of parking areas in the trans- European road network (TERN) has not kept pace with the increase in road freight transport, so compliance with the permissible driving times and rest periods established for professional drivers, especially during night-time hours, and road safety more generally will be seriously compromised unless the quality and quantity of rest facilities are improved in the EU Member States;
Amendment 203 #
2009/2096(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 210 #
2009/2096(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for concrete political and financial support to increase the contribution made both by private-sector and publicly-funded research towards the attainment of the EU’s goals in respect of sustainable road transport; emphasises the need to support research into all modes of transport, both in respect of new technologies and in the improvement of conventional technologies; calls, further, for consideration to be given to the transport system, including sustainable road transport, as a priority topic in the Eighth Framework Programme for Research;
Amendment 314 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 1 a (new)
Paragraph 20 - indent 1 a (new)
- a 40% increase in the provision of parking areas for heavy goods vehicles in the Trans-European road network (TERN) in each Member State between 2010 and 2020, in order to safeguard road safety and compliance with rest periods established for professional drivers,
Amendment 344 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 4 a (new)
Paragraph 20 - indent 4 a (new)
- a 50% increase in the number of private sidings at companies and production sites from 2010 to 2020, in order to ensure that the sustainable transfer and environmental goals in freight transport are achieved,
Amendment 72 #
2009/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Safety investigation of accidents and incidents should be carried out by or under the control of an independent safety investigation authority in order to avoid any conflict of interest and any possible external interference in the determination of the causefactors of the occurrences being investigated.
Amendment 76 #
2009/0170(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should, in compliance with the legislation in force as regards the powers of the authorities responsible for the judicial inquiry and, where appropriate, in close collaboration with those authorities, ensure that the authorities responsible for safety investigations of civil aviation accidents and incidents are allowed to carry out their tasks in the best possible conditions; the objectives of a judicial inquiry should not be compromised eitherwithout being hampered, while allowing for the proper administration of justice.
Amendment 77 #
2009/0170(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The civil aviation safety system is based on feedback and lessons learned from accidents and incidents which require strict application of confidentiality to ensure the future availability of valuable sources of information; in this context sensitive safety information should not be used for purposes other than prevention of accidents and incidents unless there is an overriding public interest in its disclosure. Member States should enact legislation preventing the inappropriate use of sensitive safety information.
Amendment 80 #
2009/0170(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) An accident raises a number of different and sometimes conflicting public interests such as the prevention of future accidents and the good administration of justice. These go beyond the individual interests of the parties involved and beyond the specific event. The right balance among all interests including safety, justice and the protection of the victims and the persons involved is necessary to guarantee the overall public interest.
Amendment 81 #
2009/0170(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(17a) The provision of assistance to the victims, their families or their associations should be separate from the accident investigation itself. Nevertheless, the accident investigation authority has a responsibility to provide relevant and timely information to the victims' families and the survivors of the accident.
Amendment 91 #
2009/0170(COD)
Proposal for a regulation
Article 2 – introductory phrase – point 4
Article 2 – introductory phrase – point 4
(4) 'cause‘factors' means actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident; the identification of causefactors does not imply the assignment of fault or the determination of administrative, civil or criminal liability;
Amendment 96 #
2009/0170(COD)
Proposal for a regulation
Article 2 – point 16 a (new)
Article 2 – point 16 a (new)
Amendment 103 #
2009/0170(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Safety investigations referred to in paragraph 1 and 3 shall in no case be concerned with apportioning blame or liability. They shall be separatindependent of any judicial or administrative fprom and without prejudice to any judicial or administrative proceedings to apportion blame or liabilityceedings. Member States shall enact appropriate legislation to coordinate accident investigations with judicial or administrative proceedings and to prevent the inappropriate use of safety information.
Amendment 118 #
2009/0170(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The safety investigation authority shall notify without delay the Commission, EASA, ICAO and the Member States concerned of the occurrence of all accidents and serious incidents of which it has been notified.
Amendment 119 #
2009/0170(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point (a)
Article 12 – paragraph 2 – point (a)
(a) have immediate unrestricted and unhampered access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;
Amendment 122 #
2009/0170(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If, in the course of the safety investigation, the safety investigation authority suspectfinds that an act of unlawful interference was involved in the accident or incident, the investigator-in-charge shall immediately inform the judicial authorities thereof, at the request of which the control of the accident site shall be transferred to these authorities. Subject to Articles 15 and 16, the relevant information collected in the safety investigation shall be also transferred to these authorities upon their request. This shall be without prejudice to the right of the safety investigation authority, in coordination with the authorities to which the control of the site was transferred, to continue the safety investigation.
Amendment 128 #
2009/0170(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. To ensure proper coordination of inquires into the causes of accidents and incidents, the safety investigation authority shall cooperate with other authorities in particular through advance arrangements with the judicial, civil aviation, search and rescue and other authorities likely to be involved in the investigation. Member states shall ensure that advance arrangements with the judiciary are in accordance with the guidlines set out in Annex [X] to this Regulation.
Amendment 131 #
2009/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 135 #
2009/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Notwithstanding paragraphs 1 and 2, safety data referred to in these paragraphs may be used as evidence and be demanded for inspection or be seized, if it concerns a criminal investigation into a hostage- taking, murder or an offence with the intention of frightening the population or part of the population of a country, or forcing a government or an international organisation to do, omit or tolerate something, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.
Amendment 136 #
2009/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. When safety data is used as evidence in criminal proceedings pursuant to paragraph 2a, the fundamental rights of the persons involved, notably the rights to privacy and to a fair trial, shall be respected. Only the data strictly necessary for the criminal proceedings shall be disclosed, the rest being preserved by the investigation authority to the maximum extent possible.
Amendment 137 #
2009/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2b. When safety data is used as evidence in criminal proceedings pursuant to paragraph 2b, the information provided by a person in the framework of the safety investigation cannot be used against that person.
Amendment 139 #
2009/0170(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Except with the consent of all crew members concerned, cockpit voice and image recordings and their transcripts shall not be made available or used for purposes other than safety investigation.
Amendment 141 #
2009/0170(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The flight data recorder recordings shall not be made available or used for purposes other than safety investigation, except when such records are: (a) used for airworthiness or maintenance purposes only; or and (b) de-identified; or and (c) disclosed under secure procedures.
Amendment 144 #
2009/0170(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The head of the safety investigation authority is authorised to inform victims and their families or their associations or, make public any information on issues of immediate concern, such as the release of human remains and personal effects held as part of the investigation, information on the factual observations and the proceedings of the safety investigation and possibly preliminary conclusions and/or, preliminary reports and safety recommendations, provided that it does not compromise the objectives of the investigation.
Amendment 168 #
2009/0170(COD)
Proposal for a regulation
Article 25 - introductory part
Article 25 - introductory part
Member States shall lay down the rules on penalties applicable to infringement of the provisions of this Regulation. TWithout prejudice to the right against self- incrimination, the penalties provided for shall be effective, proportionate and dissuasive and shall, in particular, allow sanctioning any person who, contrary to this Regulation:
Amendment 43 #
2008/2240(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. RegretNotes that in its communication on the strategy for the internalisation of external costs, the Commission has failed to fulfilled the obligation imposed on it by Parliament and the Council, under the third paragraph of Article 11 of the Eurovignette Directive, since it has not - on its own admission - devised and put forward a generally applicable, though not always transparent, and comprehensible, model for the assessment of external costs as a whole, given that it has not analysed the impact on every mode of transport and, at the practical level, has not produced any strategy for the stepwise implementation of the model for all modes;
Amendment 58 #
2008/2240(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the fact that the Commission has not so much as attempted in its communication to gauge, assess, and describe the impact that its proposed method for internalising external costs might have on competition among the various modes of transportCalls on the Commission when putting forward further proposals to green the transport sector, to include assessments of the impact of competition between transport modes and associated social and environmental impacts, as was done with the proposal to revise the Eurovignette Directive;
Amendment 71 #
2008/2240(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Agrees withCalls on the Commission that, in view of the newly adopted arrangements to incorporate aviation into the emissions trading scheme and of the rules on airport charges, there is no need at present for proposals to internaliso take steps firstly to produce specific proposals for reducing the external costs whereof civil aviation and airports are concerned; calls on the Commission, however, to take steps without delay firstly to produce specific proposals for, rail, sea, and inland waterway transport and secondly to perform better the task deriving from Article 11, third paragraph, of the 2006 Eurovignette Directive by submitting a comprehensive planmaking more comprehensible the model for calculating and charging the external costs and assessing their impact on the basis of a comprehensible modelfor all modes of transport;
Amendment 40 #
2008/2218(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes with approval that environmentally-friendly forms of transport receive a disproportionately large share of consideration in the list of priority projects; calls on the Commission in this connection to ensure that this proportionality is preserved in future when projects are implemented;
Amendment 41 #
2008/2218(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Asks the Commission to make a proposal in view of preventing EU funds (via TEN-T programmes, Cohesion/Regional programmes, Research programmes, Marco Polo, etc.) to be allocated to any road project whose primary effect would be to facilitate medium- and long-distance road transport (i.e. over 100km); Member States would still retain their sovereign capability to decide on such projects using their own national budgets;
Amendment 42 #
2008/2218(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Asks the Commission to allow the financing of road projects only when these projects are part of a wider multimodal project, where rail, inland waterways or short sea shipping is taking care of the long-distance part and where the road sub-project is limited to the feeder / local distribution part;
Amendment 43 #
2008/2218(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Takes the view that where a road subproject of a Green Corridor Project is submitted for EU financing (under any EU programme: TEN-T, Cohesion, Regional Research, Marco Polo, etc.), it should be carefully checked that this sub- project will not at the same time unduly promote medium/long-distance road traffic of another origin-destination; as a good practice, any road subproject of an EU-financed Green Corridor project should not allow for more than 10% of the traffic on the concerned road to serve long-distance road traffic (i.e. beyond 100km);
Amendment 49 #
2008/2218(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission also to include the socio-economic effects on regions and to ensure that regions are linked to the TEN-T as part of the new strategic approach to European infrastructure policy; calls for social impact assessments to this end, that should contain at least the following elements: impact on employment, income disparities between various social groups, regional development;
Amendment 70 #
2008/2218(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls, therefore, for the introduction of sustainability impact assessments along supply chains and ‘mobility chains’ as an instrument for ensuring the most suitable combination of intermodal transport and logistics solutions from the point of view of economic, environmental and social sustainability;
Amendment 91 #
2008/2218(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reminds the Commission that EU co- financing for transport infrastructure projects by TEN-T, cohesion, regional funds and the EIB must correspond with the following criteria: economic viability, environmental and social sustainability, environmental and social procurement policy, transparency for taxpayers and citizen's and social partners’ involvement (partnership principle);
Amendment 98 #
2008/2218(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that more research and development is needed on best and worst practice in transport infrastructure financing and its consequences on competitiveness and quantitative and qualitative employment, including PPP- experiences in this regard, as has been started already in current Commission studies;
Amendment 11 #
2008/2216(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Observes that ITS could have numerous repercussions for employment and the workplace and therefore calls on the Commission in cooperation with the social partners to anticipate and forestall possible unfavourable repercussions and ensure suitable framework conditions;
Amendment 29 #
2008/2216(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Invites all parties involved in ITS applications to comply with the EC directives on the protection of personal data and privacy on communications (Directives 95/46/EC and 2002/58/EC) and calls on the Commission to ensure the appropriate use of data particularly with regard to travellers and employees under the ITS applications and deploymentto take active measures to promote this;
Amendment 1 #
2008/2063(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the introduction under Article 189 of the Treaty on the Functioning of the European Union of a legal basis for the space sector and the formulation of a European space programme under the ordinary legislative procedure;
Amendment 2 #
2008/2063(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that space launch services and the necessary infrastructures constitute transport activities which should as such be covered by Title VI of the Treaty on the Functioning of the European Union and should be the responsibility of Parliament’s Committee on Transport and Tourism; calls for Commission initiatives relating to this specific segment of the space sector to be taken explicitly on this legal basis;
Amendment 3 #
2008/2063(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Draws the attention of the Commission and the Union legislator (the European Parliament and the Council) to the need to adapt the legislative procedure to the provisions of Protocol 2 of the Treaty of Lisbon on the application of the principles of subsidiarity and proportionality; considers in particular that the Commission should inform Parliament of the nature of consultations carried out before proposing legislative acts in accordance with Article 2 of the above Protocol and of the opinions issued by the national parliaments under Article 7(2) and (3) thereof; adds that Parliament should envisage the inclusion in its future regulation of provisions authorising dialogue and cooperation with the national parliaments in accordance with the procedures they wish to follow and without prejudice to their total freedom of deliberation.
Amendment 9 #
2008/2041(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there are very great differences between European cities and therefore a unified, Europe-wide solution is not practicable,
Amendment 60 #
2008/2041(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Expects that the subsidiarity principle will be respected and the responsibilities of cities and Member States for urban mobility will be made clear; under the subsidiarity principle there is therefore a clear allocation of roles: the cities have the competence and responsibility for identifying and implementing the required measures; the EU can make an important contribution through targeted and concentrated promotion of networking (exchange of best practice), research and funding; in view of similar Commission initiatives that have already been implemented (e.g. Thematic strategy on the urban environment), concerted action between the various Commission departments must be ensured;
Amendment 67 #
2008/2041(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that transport policy should aim to ensure accessibility and also to take account of the needs of the public and the environment; one way of achieving this aim is to increase the attractiveness of ecomobility: public transport, cycling and walking;
Amendment 68 #
2008/2041(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for a clear commitment to sustainable forms of mobility; the compactness and density of cities provide the right conditions for public transport, cycling and walking to succeed; these forms of mobility must therefore be encouraged; good public transport, however, requires sufficient numbers of well-trained staff;
Amendment 69 #
2008/2041(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Points out that transport sector workers are doubly affected by developments and measures, as both employees and users; clearly, therefore, particular account must be taken of their interests;
Amendment 70 #
2008/2041(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
Amendment 100 #
2008/2041(INI)
Motion for a resolution
Paragraph 3 - Indent 4 a (new)
Paragraph 3 - Indent 4 a (new)
- an evaluation of the situation in those countries which already have experience of deregulating urban transport, so that the effects of various measures on employees and their working conditions can be ascertained and compared;
Amendment 123 #
2008/2041(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for existing legislation to be adapted to gear it more closely to achieving the environmental objectives addressed in the Green Paper on urban transport; suitable examples might include the directive on road costs and the directive on European exhaust standards.
Amendment 154 #
2008/2041(INI)
Motion for a resolution
Paragraph 5 - Indent 4 a (new)
Paragraph 5 - Indent 4 a (new)
Amendment 155 #
2008/2041(INI)
Motion for a resolution
Paragraph 5 - Indent 4 b (new)
Paragraph 5 - Indent 4 b (new)
- the introduction of a certification scheme for upgrade systems for car, lorry and off-road vehicle particulate filters ;
Amendment 197 #
2008/2041(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the drawing up of non- binding guidelines setting minimum European standards; considers that it would also be appropriate to publicise examples of, and thus ensure exchange of, best practice to generate a constructive inter-city rivalry which might encourage many municipal authorities to improve their transport systems; notes that the European Union could provide important added value in this respect;
Amendment 64 #
2008/0263(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In particular, Member States shall ensure that ITS data and records are protected against misuse, including unlawful access, alteration or loss and may not be used for purposes other than those referred to in the Directive.
Amendment 77 #
2008/0263(COD)
Proposal for a directive
Annex I – point e a (new)
Annex I – point e a (new)
(ea) Data protection and the principle of proportionality: proper consideration of privacy and the right of users, particularly employees and travellers, to self- determination of their personal data in connection with the storage and transmission of data by intelligent transport systems; restrictions to be admissible only where this is absolutely essential for the purposes of this Directive.
Amendment 78 #
2008/0263(COD)
Proposal for a directive
Annex I – point e b (new)
Annex I – point e b (new)
(eb) Social implications: inclusion of impact assessments and possible adverse implications for employment, working conditions and employee protection when planning and implementing ITS.
Amendment 31 #
2008/0247(COD)
The European Parliament rejects the Commission proposal.
Amendment 89 #
2008/0247(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) it shall be justified on the basis of a socio-economic analysis. This shall include the impact on those pare elements of the transport system where the allocation of infrastructure capacity in the freight corridor significantly affects freight and passenger traffic, freight and passenger traffic (particularly regular services), the impact on public transport, and regional conditions. It shall also include an analysis of the major effects in terms of external costs;
Amendment 128 #
2008/0247(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. A working group made up of managers and owners of the strategic terminals of the freight corridor, referred to in Article 9, all other relevant stakeholders, and employees, shall be set up. It may issue an opinion on any proposal by the governance body which has direct consequences for investment and the management of strategic terminals. The governance body may not take any decision contrary to that opinion.
Amendment 135 #
2008/0247(COD)
Proposal for a regulation
Article 6 – Title
Article 6 – Title
Consulting applicants Consulting railway undertakings
Amendment 137 #
2008/0247(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The governance body shall introduce consultation mechanisms with a view to the proper participation of the applicantrailway undertakings likely to use the freight corridor, as defined in Article 2 of Directive 2001/14/EC.
Amendment 175 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 184 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 194 #
2008/0247(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Infrastructure managers shall include in their conditions of use a fee for paths that are allocated but ultimately not used. The level of this fee shall be appropriate, deterrent and effective.
Amendment 200 #
2008/0247(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 209 #
2008/0247(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 27 #
2008/0195(COD)
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) In order to further improve road safety, consideration should be given as to whether social legislation, in particular Regulation (EC) No 561/2006, should apply to all road transport situations, namely including vehicles under 3.5 tonnes used for business purposes.
Amendment 48 #
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 and greenhouse gases, 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 49 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to maintain the EU’ s international leadership on climate change and energy, the need for coherent policies and instruments, in all economic sectors concerned, inter alia., the transport sector has to be recognised.
Amendment 56 #
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 external costs related to traffic- based air pollution and greenhouse gases, road traffic accidents, traffic-based noise pollution, climate changepollution of water and soil 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 characteristics.
Amendment 57 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 5
Article 7f – paragraph 5
Amendment 71 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 8
Recital 8
(8) The external costs of traffic-based air, noise, water and nsoisel pollution, greenhouse gases, road traffic accidents 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 79 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 9a (new)
Recital 9a (new)
(9a) In order to implement the aim of the Directive to reduce the negative effects of transport in Europe, Member States are required to charge a minimum fee according to Annex III on Trans- European Networks and on the primary road network.
Amendment 80 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 10
Recital 10
(10) There are still uncertainties about the costs and benefits of the systems required to enforce differentiated usage charges on roads with low traffic. Until such uncertainties are dealt with, a flexible approach at Community level appears most appropriate. ThisA flexible approach should leave Member States to decide whether and on which roads to introduce external cost charges on the basis of the local and national characteristics of thesecondary road network.
Amendment 94 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) To better reflect the cost of traffic- based air, water, soil and noise pollution, greenhouse gases, road traffic accidents 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 97 #
2008/0147(COD)
Council position – amending act
Article 1 – point 8
Article 1 – point 8
Directive 1999/62/EC
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. No later than 31 December 2012, the Commission shall present a report to the European Parliament and the Council on the availability of a sufficient number of safe and secured parking places for trucks on the Trans-European Road Network (TEN). The relevant social partners shall be involved in compiling this report, which shall contain proposals on: (a) earmarking of infrastructure charges for a sufficient number of safe and secured parking areas on the Trans- European Road Network (TEN) to be complied with by infrastructure operators or by public authorities responsible for the TEN; (b) guidelines for the European Investment Bank, the European Cohesion Fund and the European Regional Development Fund for due consideration of a sufficient number of safe and secured parking areas within the design and co- financing of TEN-related projects.
Amendment 102 #
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, water, soil and noise pollution, greenhouse gases, road traffic accidents 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 112 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to guarantee fair competition between different modes of transport, Member States should instruct the authority, which sets the external cost charge to set the amount at a level which does reflect all external costs and is not undervalued.
Amendment 119 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
Amendment 148 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) AIn accordance with this Directive, a comprehensive assessment of the experience acquired in those Member States whichby applying an external cost charge in accordance with this Directive should be sent in due time by the Commission to the Council and 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 continuedarried out.
Amendment 157 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) In particular, the Commission should be empowered to adapt Annexes 0, III, IIIa and IV to technical and scientific progress, and Annexes I and II to inflation. Since those measures are of general scope and are designed to amend non-essential elements of this directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 169 #
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 b
Article 2 – point b b
(bb) ‘external cost charge’ means a charge levied through a toll for the purpose of recovering the costs incurred by a Member State related to traffic-based air pollution, water and soil pollution, greenhouse gases, traffic accidents, traffic-based noise pollution and congestion;
Amendment 187 #
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 a (new)
Article 2 – point b e a (new)
(be a) ‘cost of traffic accidents’ means the average additional costs of traffic accidents caused in the course of the operation of a vehicle which are not covered by risk oriented insurance premiums.
Amendment 190 #
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 b (new)
Article 2 – point b e b (new)
(be b) ‘cost of greenhouse gases’ means the cost of avoiding a certain amount of greenhouse gas emissions equivalent to the amount emitted in the course of the operation of a vehicle;
Amendment 193 #
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 c (new)
Article 2 – point b e c (new)
(be c) ‘costs of water and soil pollution’ means the costs of the damage caused by the release of certain harmful substances into bodies of water including groundwater or into soil in the course of the operation of a vehicle.
Amendment 206 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States mayshall maintain or introduce minimum tolls and/or user charges on their road network or on certain sections of thatTrans-European and their primary road network under the conditions laid down in paragraphs 2, 3 and 4 of this aArticle and in Articles 7a to 7j.
Amendment 209 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States may maintain or introduce tolls and/or user charges on their road trans-European network or on certain sections of that network under the conditions laid down in paragraphs 2, 3 and 4 of this aArticle and in Articles 7a to 7j. This shall be without prejudice to the right of the Member States, in compliance with the Treaty, to apply tolls and/or charges for external costs on roads or certain sections of it not included in the trans-European road network, provided that the imposition of tolls and/or user charges for external costs on such roads does not discriminate against international traffic and does not result in distortions of competition among operators.
Amendment 215 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States may maintain or introduce tolls and/or user charges on their road network or on certain sections of thatsecondary road network under the conditions laid down in paragraphs 2, 3 and 4 of this aArticle and in Articles 7a to 7j.
Amendment 224 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
Amendment 234 #
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 1
Article 7 b – paragraph 1
1. The infrastructure charge shall be based on the principle of the recovery of infrastructure costs. The weighted average infrastructure charge shall be related to the construction costs and the costs of operating, maintaining and, developing and ensuring safety standards on the infrastructure network concerned. The weighted average infrastructure charge may also include a return on capital or a profit margin based on market conditions.
Amendment 237 #
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, water and soil pollution, the climate costs from greenhouse gases, the cost of traffic accidents and the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge mayshall also include the cost of congestion during the periods when these road sections are usually congested.
Amendment 263 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 2
Article 7c – paragraph 2
2. The amount of the external cost charge for each combination of class of vehicle, type of road and time period shall be set in accordance with the minimum requirements, and the common formulae and the maximum chargeable external costs in Annex IIIa.
Amendment 283 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 3
Article 7e – paragraph 3
Amendment 285 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 6
Article 7e – paragraph 6
Amendment 287 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 1
Article 7f – paragraph 1
Amendment 290 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 2
Article 7f – paragraph 2
Amendment 292 #
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
Amendment 294 #
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 a
Article 7f – paragraph 3 - point a
Amendment 295 #
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 b
Article 7f – paragraph 3 - point b
Amendment 296 #
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
Amendment 303 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 4
Article 7f – paragraph 4
Amendment 306 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 5
Article 7f – paragraph 5
Amendment 307 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7g – paragraph 2
Article 7g – paragraph 2
2. The Commission shall, within six months of receiving all the necessary information in accordance with paragraph 1, give an opinion as to whether the obligations of Article 7d are complied with. The opinions of the Commission shall be made available to the Committee referred to in Article 9c and the European Parliament.
Amendment 311 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7g – paragraph 3 – point d a (new)
Article 7g – paragraph 3 – point d a (new)
(da) the envisaged earmarking of the external cost charge.
Amendment 313 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7g – paragraph 4
Article 7g – paragraph 4
4. The Commission may, within six months of receiving the information in accordance with paragraph 3, decide to ask the Member State concerned to adapt the proposed external cost charge, if it considers that the obligations laid down in Articles 7b, 7c, 7i or 9(2) are not complied with. The decision of the Commission shall be made available to the Committee referred to in Article 9c and the European Parliament.
Amendment 329 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 3
Article 7h – paragraph 3
3. Subject to the conditions provided for in Article 7f(3)(b) and in Article 7f(4), tToll rates may, in exceptional cases, namelyfor specific projects of high European interest, be subject to other forms of variation in order to secure the commercial viability of such projects, where they are exposed to direct competition with other modes of vehicle transport. The resulting charging structure shall be linear, proportionate, openly published, and available to all users on equal terms and shall not lead to additional costs being passed on to other users in the form of higher tolls. The Commission shall verify compliance with these conditions prior to the implementation of the charging structure in question.
Amendment 351 #
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 areaand suburban roads.
Amendment 355 #
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 a (new)
Article 9 – paragraph 1a a (new)
1a a. Where a Member State can prove that it is not possible to guarantee compliance with EU environmental legislation on sections of the trans- European road network in sensitive areas, particularly mountain areas, by means of tolls, external cost charges or other proportionate measures, the Commission shall authorise, on application from the Member State in question, the introduction of non-discriminatory transport systems for the quantitative management of heavy traffic.
Amendment 387 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 1999/62/EC
Article 9b
Article 9b
The Commission shall facilitate dialogue and the exchange of technical know-how between Member States in relation to the implementation of this Directive and in particular the Annexes. The Commission shall adapt Annexes 0, III, IIIa and IV in the light of scientific and technical progress and Annexes I and II in the light of inflation. 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 9c (3).
Amendment 389 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 1999/62/EC
Article 9b a (new)
Article 9b a (new)
Amendments to Annex IIIa shall be adopted in accordance with the co- decision procedure.
Amendment 390 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. By 31 December 2012 at the latest, and every four years thereafter, Member States which levy ashall draw up a report on external cost charge and/or an infrastructure charge shall draw up a reportand on tolls levied on their territory and shall forward it to the Commission. The report shall comprise information on:
Amendment 394 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. No later than 31 December 2010, the Commission shall present a report to the European Parliament and the Council on the availability of safe and secured parking places on the Trans-European Road Network. After involving the relevant social partners, this report shall be accompanied by proposals on: -earmarking of infrastructure charges for a sufficient number of safe and secured parking areas on the TEN to be complied with infrastructure operators or public authorities responsible for the TENs network; -guidelines for the European Investment Bank, the European Cohesion Fund and the European Structural Fund for due consideration of safe and secure parking areas within the design and co-financing of TEN-projects.
Amendment 398 #
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 – introductory part
Article 11 – paragraph 2 – introductory part
2. No later than 31 December 2013, the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the costs related to congestion, road accidents, GHG emissions and traffic-based pollution and on the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess:
Amendment 409 #
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 a
Article 11 – paragraph 2 – point a
(a) the relevance of integrating other external costs in the calculation of tolls, especially the cost of carbon dioxide emissions should the definition of a common fuel tax element related to climate change have not yielded satisfactory results, the cost of accidents and other external costs, especially the cost of biodiversity loss;
Amendment 428 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 1 – subparagraph 1
Annex IIIa – point 1 – subparagraph 1
The Member State shall specify precisely the part or parts of network which are to be subject to an external cost charge, in addition to the mandatory minimum charge on Trans-European and primary road networks.
Amendment 461 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – subparagraph 1 – introductory part
Annex IIIa – point 4 – point 4.1 – subparagraph 1 – introductory part
Amendment 462 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1
Annex IIIa – point 4 – point 4.1 – table 1
Table 1 is deleted
Amendment 490 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – subparagraph 3
Annex IIIa – point 4 – point 4.1 – subparagraph 3
The values in Table 1 represent arithmetic averages of the values given in Table 15 of the “Handbook on the estimation of external cost in the transport sector” for vehicles belonging to four different weight classes. Member States may apply a correction factor to the values in Table 1 to reflect the actual fleet composition in terms of vehicle size. The values of Table 1of the air pollution cost of vehicle class i on road type j (PVCij) thus obtained may be multiplied by a factor of up to 2weighting factor in mountain areas to the extent that it is justified by the gradient of roads, altitude and/or temperature inversions.
Amendment 492 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – subparagraph 4
Annex IIIa – point 4 – point 4.1 – subparagraph 4
Amendment 493 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – subparagraph 1
Annex IIIa – point 4 – point 4.2 – subparagraph 1
Amendment 494 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – subparagraph 1 – formula
Annex IIIa – point 4 – point 4.2 – subparagraph 1 – formula
NCVij (day) = (∑k NCjk x POPk / ADT ) x NFi NCVij (night) = n x NCVij (day) where -– NCVij noise cost of vehicle class i on road type j (euro/vehicle.kilometre) -– NCjk noise cost per person exposed on road type j to noise level k (euro/person) -– POPk population exposed to daily noise level k per kilometre (person/kilometre) -– NFi noise emission factor of vehicle class i – ADT average daily traffic (vehicle) -– n night correction factor
Amendment 496 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – subparagraph 4
Annex IIIa – point 4 – point 4.2 – subparagraph 4
The average daily traffic shall assume a weighting factor of no more than 4 between heavy goods vehicles and passenger carsof vehicles other than private cars is multiplied by a weighting factor equivalent to the noise emission factor NFi of the respective vehicle class i.
Amendment 497 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – table 2
Annex IIIa – point 4 – point 4.2 – table 2
Table 2 is deleted
Amendment 504 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – subparagraph 4 a (new) (after table 2)
Annex IIIa – point 4 – point 4.2 – subparagraph 4 a (new) (after table 2)
The noise emission factor NFi is the proportion of the unit values for marginal noise costs between vehicle class i and passenger cars. Unit values for marginal noise costs of vehicle classes for different network types shall be taken from the central values (in bold) of Table 21 of the “Handbook on estimation of external cost in the transport sector”1. The Independent authority shall split up vehicle classes as defined by Table 21 of that handbook into sub-classes with different chargeable noise costs based on noise emission data. The independent authority has to make sure that for every road type the weighed average chargeable noise cost of the sub-classes is equal to the unit value for the marginal noise cost of the original vehicle class. 1 http://ec.europa.eu/transport/costs/handbook /index_en.htm
Amendment 505 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.2 – subparagraph 5
Annex IIIa – point 4 – point 4.2 – subparagraph 5
Amendment 514 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – subparagraph 1
Annex IIIa – point 4 – point 4.3 – subparagraph 1
Amendment 515 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – subparagraph 1 – formula
Annex IIIa – point 4 – point 4.3 – subparagraph 1 – formula
CCV = MEC (Qo) − IDC MEC (Q) = x+ MIC - IDC VOTxQ (v(Q) − v(Q − ∆Q) VOTxQ (v(Q) − v(Q − ∆Q) MEC (Q) = x v(Q)² ∆Q w v(Q)² ∆Q w here -– CCV chargeable congestion cost (euro/vehicle.kilometre) -– IDC infrastructure development cost already charged (euro/vehicle.kilometre) -– Qo optimal hourly traffic (vehicle/hour) -– MIC marginal infrastructure cost including the marginal cost of toll collection and enforcement – MEC(Q) marginal external cost of congestion (euro/vehicle.kilometre) -– VOT value of time (euro/hour.vehicle) -– Q average hourly traffic (vehicle) -– ∆Q small change in hourly traffic -– v(Q) average traffic speed (kilometre/hour)
Amendment 516 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – subparagraph 2
Annex IIIa – point 4 – point 4.3 – subparagraph 2
To calculate the average daily traffic shall assume equivalence factors between heavy goods vehicles and passengers cars of no more than 3shall be chosen according to traffic engineering standards.
Amendment 517 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – subparagraph 3
Annex IIIa – point 4 – point 4.3 – subparagraph 3
The optimal hourly traffic shall be computed by iteratively raising the cost until equilibrium is reached between the hourly traffic and the marginal external cost of congestionhargeable congestion cost until the marginal external cost of congestion is equal to the effective charge (CCV + IDC- MIC). Alternatively, the ratio between the chargeable congestion charge (CCV) and the marginal external cost of congestion (MEC) shall be 0.5.
Amendment 518 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 – table 3
Annex IIIa – point 4 – point 4.3 – table 3
Table 3 is deleted
Amendment 525 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 a (new)
Annex IIIa – point 4 – point 4.3 a (new)
4.3.a External cost of traffic accidents The chargeable external cost of traffic accidents shall be taken from the central unit values (those not in brackets) in Table 10 of the “Handbook on estimation of external cost in the transport sector”1. The Independent authority shall split up the vehicle class “HDV” into sub-classes with different chargeable accident costs as justified by accident data. The independent authority has to make sure that for every road type the weighed average of the chargeable accident costs of the sub-classes is equal to the unit value for the accident cost of vehicle class “HDV”. 1 http://ec.europa.eu/transport/costs/handbook /index_en.htm
Amendment 526 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 b (new)
Annex IIIa – point 4 – point 4.3 b (new)
4.3.b Cost of climate change The chargeable external cost of climate change shall be taken from the central unit values (those not in brackets) in Table 28 of the “Handbook on estimation of external cost in the transport sector”1. 1 http://ec.europa.eu/transport/costs/handbook /index_en.htm
Amendment 527 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3 c (new)
Annex IIIa – point 4 – point 4.3 c (new)
4.3.c Cost of soil and water pollution The chargeable cost of soil and water pollution shall be taken from Table 37 of the “Handbook on estimation of external cost in the transport sector”1. The independent authority shall adapt the values in Table 37 according to the respective national GDP per capita at purchasing power parity. 1 http://ec.europa.eu/transport/costs/handbook /index_en.htm
Amendment 529 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 a (new)
Annex IIIa – point 4 a (new)
4a. THE MINIMUM EXTERNAL COST CHARGE Each Member State shall levy a mandatory minimum external cost charge on Trans-European and primary road networks. The mandatory minimum external cost charge shall be at least half as high as the sum of charges calculated according to section 4. of this Annex.
Amendment 74 #
2008/0130(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) it shall be deemed to possess the requisite cross-border element if at least two founding members have their residence or place of business in different Member States or if a foreign founding member is entitled to more than one third of the voting rights. A shareholder shall be deemed to be a foreign founding member within the meaning of this provision if his habitual residence or registered office is located in a Member State other than that in which the registered office of the SPE is situated.
Amendment 88 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The articles of association of a SPE shall be at least in writing and signed by every founding shareholder.
Amendment 93 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) in relation to third parties, in accordance with the provisions of the applicable national law implementing paragraphs 2, 5, 6 and 7 of Article 3 of Directive 68/151/EEC.
Amendment 109 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 4 - introductory part
Article 10 – paragraph 4 - introductory part
4. Registration of the SPE may be subject to onlyat least one of the following requirements:
Amendment 125 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. All agreements on the transfer of shares shall be at least in written form. Member States may make the validity of such a transfer conditional on prior verification of the legality of the transfer deed by a judicial or administrative body or on certification by an official document.
Amendment 47 #
2008/0128(COD)
Proposal for a regulation – amending act
Article 1 – point 18 a (new)
Article 1 – point 18 a (new)
Regulation (EC) No 216/2008
Article 59 – paragraph 1 - point c
Article 59 – paragraph 1 - point c
(18a) In Article 59, paragraph 1, point (c) shall be replaced by the following: "(c) the fees paid by applicants for, and holders of, certificates and approvals issued by the Agency, with the exception of ongoing supervisory activities on the continuing airworthiness of products that are to be financed by the revenue mentioned in paragraph 1 (a) and (b),"
Amendment 48 #
2008/0128(COD)
Proposal for a regulation – amending act
Article 1 – point 18 a (new)
Article 1 – point 18 a (new)
Regulation (EC) No 216/2008
Article 59 – paragraph 1 - point c) a (new)
Article 59 – paragraph 1 - point c) a (new)
(18 a) In Article 59, paragraph 1, the following point (ca) shall be inserted: "(ca) fees to be established by the European Commission, that may be collected from other natural and legal persons who profit from the Agency's activities or require Agency activities,"
Amendment 50 #
2008/0128(COD)
Proposal for a regulation – amending act
Article 1 – point 18 a (new)
Article 1 – point 18 a (new)
Regulation (EC) No 216/2008
Article 64 a (new)
Article 64 a (new)
(18a) The following Article 64a shall be inserted: "Article 64a The Commission is asked to investigate what impact an air ticket duty would have on the EASA budget and how practicable the levying of such a duty would be. Air ticket duties are fees paid by passengers of commercial flights departing from an airport located in the territory of a Member State."
Amendment 77 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 549/2004
Article 8 – paragraph 1
Article 8 – paragraph 1
1. TAfter consulting the industry advisory body and the Committee for Sectoral Dialogue, the Commission shall adopt implementing rules where expressly provided in this Regulation or in the Regulations referred to in Article 3, or where it is otherwise necessary in order to achieve the objectives of those Regulations.
Amendment 89 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 549/2004
Article 11 – paragraph 1 – point d a (new)
Article 11 – paragraph 1 – point d a (new)
(da) the introduction of ‘just culture’ principles;
Amendment 95 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 549/2004
Article 11 – paragraph 1 – point g – point v
Article 11 – paragraph 1 – point g – point v
(v) corrective measures, including appropriate incentives and/or disincentives, to be applied by Member States in the event that the national or regional targets are not met yearly or at the end of the reference period. Disincentives should not work to the detriment of employees.
Amendment 105 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point -1 (new)
Article 2 – point -1 (new)
Regulation (EC) No 550/2004
Article 2 – point 2
Article 2 – point 2
(-1) In Article 2, paragraph 2 is replaced by the following: (2) To this end, each national supervisory authority shall organise proper inspections and surveys, including checks on the requisite staffing levels, to verify compliance with the requirements of this Regulation. The air navigation service provider concerned shall facilitate such work.
Amendment 108 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 3
Article 2 – point 3
Regulation (EC) No 550/2004
Article 5
Article 5
(3) Article 5 is deletedshall be replaced by the following: Licensing scheme for ATM Personnel Following transposition of the Directive on the ATCO Community Licence, the Commission shall extend the licensing scheme to other ATM personnel, and, as a first step, to ATSEPs performing safety- related tasks (ICAO def 7192).
Amendment 113 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 6
Article 2 – point 6
Regulation (EC) No 550/2004
Article 9a – paragraph 1
Article 9a – paragraph 1
1. Member States shall take all necessary measures in order to ensure the establishment of functional airspace blocks as soon as possible and at the latest by the end of 2012 with a view to achieving maximum capacity and efficiency of the air traffic management network within the single European sky and maintaining a high level of safety and contributing to the overall performance of the air transport system and a reduced environmental impact. Member StateIn compliance with the bottom-up approach, Member States and Air Navigation Service Providers shall cooperate with each other to the fullest extent possible in order to ensure compliance with this provision.
Amendment 121 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 9 − point a − subpoint i
Article 2 – point 9 − point a − subpoint i
Regulation (EC) No 550/2004
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) The cost to be shared among airspace users shall be the determinedfull cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration;
Amendment 123 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 9 − point a − subpoint ii
Article 2 – point 9 − point a − subpoint ii
Regulation (EC) No 550/2004
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) The costs to be taken into account in this context shall be those assessed in relation to the facilities and services provided for and implemented under the ICAO Regional Air Navigation Plan, European Region. They may also include costs incurred by national supervisory authorities and/or recognised organisations, as well as other costs incurred by the relevant Member State and service provider in relation to the provision of air navigation services. They shall not include the costs of sanctions imposed by Member States according to Article 9 of the framework Regulation nor the costs of any corrective measures imposed by Member States according to Article 11(1)(g)(v) of the framework Regulation;
Amendment 127 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 9 − point a − subpoint iii
Article 2 – point 9 − point a − subpoint iii
Regulation (EC) No 550/2004
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) cross-subsidy shall not be allowed between en-route services and terminal services. It shall be allowed between different air navigation services in either one of those two categoriesshall be allowed only when justified for objective reasons, subject to clear identification;
Amendment 133 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 9 − point b − subpoint iv
Article 2 – point 9 − point b − subpoint iv
Regulation (EC) No 550/2004
Article 15 – paragraph 3 – point e
Article 15 – paragraph 3 – point e
(e) Charges shall encourage the safe, efficient, effective and sustainable provision of air navigation services with a view to a high level of safety and cost- efficiency and shall stimulate integrated service provision. To that end, and in relation to the national or regional performance plans, national supervisory authorities may set up mechanisms, including incentives consisting of financial advantages and disadvantages, to encourage air navigation service providers and/or airspace users to support improvements in the provision of air navigation services such as increased capacity, reduced delays and sustainable development, while maintaining an optimum safety level.
Amendment 136 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 2 – point 9 − point c
Article 2 – point 9 − point c
Regulation (EC) No 550/2004
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission may decide, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, that charges shall be used to financeshall propose financial resources including Trans European Network funding, European Investment Bank grants, and auctioning revenues from Emission Trading Scheme with a view to financing common projects, especially for speeding up the implementation of SESAR, within the multiannual financial framework. The Commission may also decide, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, and with the principles of cost efficiency as laid down in Article 11 of the Framework Regulation and Article 14 of Regulation 550/2004, that the costs of common projects may be recovered through charges. Such common projects should be designed to assist specific categories of airspace users and/or air navigation service providers in order to improve collective air navigation infrastructures, the provision of air navigation services and the use of airspace, in particular those that may be required for the implementation of the ATM Master Plan. Such decisions shall identify the common project and specify in particular the timetable for implementation, the cost to be charged to airspace users and its allocation amongst Member States, avoiding duplication in costs and charges. Before taking a decision, the Commission shall carry out an independent cost- benefit analysis and substantive consultation aiming, to the greatest extent possible, at reaching agreement with service providers and airspace users. The costs of common projects shall be subject to comprehensive and transparent accounting.