916 Amendments of Francisco ASSIS
Amendment 4 #
2024/2081(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the International Covenant on Economic, Social and Cultural Rights,
Amendment 8 #
2024/2081(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) of 10 December 1984,
Amendment 13 #
2024/2081(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD),
Amendment 17 #
2024/2081(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 13 September 2007,
Amendment 18 #
2024/2081(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) of 17 December 2018,
Amendment 31 #
2024/2081(INI)
Motion for a resolution
Citation 18
Citation 18
– having regard to Protocols No. 6 and 13 to the Council of Europe Convention of 28 April 1983 for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty,
Amendment 54 #
2024/2081(INI)
Motion for a resolution
Citation 40
Citation 40
– having regard to its Sakharov Prize for Freedom of Thought, which in 20234 was awarded to Jina Mahsa Amini and the Woman, Life, Freedom movement in IranMaría Corina Machado and Edmundo González Urrutia, the leader of Venezuela’s democratic forces and the opposition candidate in the July presidential elections,
Amendment 60 #
2024/2081(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, as set out in Article 2 TEU; whereas the EU’s action worldwide is guided by the universality and indivisibility of human rights and by the fact that the effective protection and defence of human rights and democracy is at the core of the EU’s external action, including trade, development, security and defence, and enlargement, among others;
Amendment 75 #
2024/2081(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU strongly believes in and fully supports multilateralism, a rules- based global order and the set of universal values, principles and norms that guide the UN member states; whereas a world of democracies, understood as a world of political systems that defend and protect human rights worldwide, is a safer world, as they count with significant check and balances that prevent the unpredictability of autocracies;
Amendment 89 #
2024/2081(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas in November 2024, the Convention of the Rights on the Child celebrates its 35th anniversary;
Amendment 101 #
2024/2081(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the legitimacy of the international rules-based order is dependent on compliance with the orders of international bodies, such as the United Nations Security Council resolutions and orders and decisions of the International Court of Justice and the International Criminal Court; whereas there are increasing global threats to compliance with such orders and decisions, as well as, generally, with provisions of international law, human rights law and international humanitarian law in emerging and ongoing conflict situations;
Amendment 111 #
2024/2081(INI)
Motion for a resolution
Recital I
Recital I
I. whereas human rights defenders (HRDs) and civil society organisations (CSOs) are crucial partners in the EU’s efforts to safeguard and advance human rights, democracy and the rule of law, as well as to prevent conflicts globally; whereas governments around the world are increasingly censoring, silencing and harassing HRDs and CSOs in their work, leading to an increasingly shrinking civil space; whereas this behaviour includes measures encompassing strategic lawsuits against public participation (SLAPPs), restrictive government policies, defamation campaigns, discrimination, intimidation and violence, including extrajudicial killings, abductions, and arbitrary arrests and detention; whereas attacks on HRDs are increasingly extending to their families and communities;
Amendment 119 #
2024/2081(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas gender equality is a core value of the EU; and the human rights of women and girls, including their sexual and reproductive rights, continue to be violated across the world; whereas women human rights defenders and civil society organisations working on gender equality, women’s rights and sexual and reproductive health and rights continue to experience shrinking space for their critical work, as well as threats of violence, harassment and intimidation;
Amendment 136 #
2024/2081(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reasserts the universality and indivisibility of human rights and the inherent dignity of every human being; reaffirms the duty of the EU and its Member States to promote and protect democracy and the universality of human rights around the world; calls for the EU and its Member States to lead by example and strictly uphold human rights and ensure an enabling civil society environment;
Amendment 165 #
2024/2081(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Condemns the increasing trend of violations and abuses of human rights and democratic principles and values across the world, such as executions, extrajudicial killings, arbitrary arrests and detentions, torture, gender-based violence, clampdowns on civil society and, political opponents, excessive use of violence by public authorities, censorship and threats to independent mediamarginalised and vulnerable groups as well as ethnic and religious minorities, slavery and forced labour, excessive use of violence by public authorities, systematic and structural discrimination and inequality, censorship and threats to independent media, including threats in the digital sphere such as online surveillance and internet shutdowns, political attacks against international institutions, and increasing use of unlawful methods of war in grave breach of international humanitarian law and human rights law, among others; deplores the weakening of the protection of democratic institutions and processes, and the shrinking space for civil societies around the world;
Amendment 191 #
2024/2081(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes with deep concern the ongoing international crisis of accountability and the challenge to the pursuit of ending impunity for violations of core norms of international human rights and humanitarian law in modern conflicts around the world; underlines the serious consequences of discrediting and attacking the organizations of multilateral fora, such as the UN, which can foster a culture of impunity;
Amendment 196 #
2024/2081(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Denounces the tailor-made narratives of authoritarian and illiberal regimes attacking the universality of human rights and the rule of law, which are being spread by these regimes in international forums such as the United Nations Human Rights Council;
Amendment 197 #
2024/2081(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes with satisfaction that there are also ‘human rights bright spots’ within this context of major challenges to human rights worldwide; underlines the need for a more strategic communication on human rights and democracy by spreading news about positive results, policies and best practices; supports the Good Human Rights Stories initiative9 as a way of promoting positive stories about human rights; underlines the role of the EU’s public and cultural diplomacy, as well as international cultural relations, in the promotion of human rights and calls for the Strategic Communication and Foresight division of the EEAS to increase their efforts in this regard, for which they should count with the appropriate resources; _________________ 9 https://goodhumanrightsstories.net/.
Amendment 213 #
2024/2081(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that the EU and its Member States have made substantial progress in implementing the EU action plan on human rights and democracy, although they have not reached all of its goals, in particular also due to the unprecedented challenges the world has experienced since its adoption; welcomes, in this sense, the extension of the action plan until 2027, with a view to maximising the synergies and complementarity between human rights and democracy at local, national and global levels;
Amendment 219 #
2024/2081(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Fully supports the work of the EUSR for Human Rights in contributing to the visibility and coherence of the EU’s human rights actions in its external relations; upholds the EUSR’s central role in the EU’s promotion and protection of human rights by engaging with non-EU countries and like-minded partners; underlines the need for close cooperation between the EUSR for Human Rights and other EUSRs and Special Envoys in order to further improve this coherence, and calls for greater visibility for the role of the EUSR for Human Rights; calls for the EUSR to be supported in his work with increased resources; insists on the need for the EUSR to report back to Parliament regularly;
Amendment 236 #
2024/2081(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call to include robust clauses on human rights in agreements between the EU and non-EU countries, supported by a clear set of benchmarks and procedures to be followed in the event of violations; calls on the Commission and the EEAS to actively reflect on how to ensure that the human rights clauses in current international agreements are effectively enforced; reiterates that in the face of persistent breaches of human rights clauses by its partner countries, the EU should react swiftly and decisively, including by suspending the agreements in question if other options prove ineffective; calls for the implementation of the EU Ombudsman’s recommendation concerning the creation of a complaint- handling portal, within the framework of EU trade and financial instruments, or for the adaptation of the Commission’s Single Entry Point to allow for submission of complaints regarding failure to comply with human rights clauses;
Amendment 238 #
2024/2081(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call to include robust clauses on human rights in agreements between the EU and non-EU countries, supported by a clear set of benchmarks and procedures to be followed in the event of violations; calls on the Commission and the EEAS to actively reflect on how to ensure that the human rights clauses in current international agreements are actively monitored and effectively enforced; reiterates that in the face of persistent breaches of human rights clauses by its partner countries, the EU shouldmust react swiftly and decisively, including by suspending the agreements in question if other options prove ineffective; calls on the Commission to ensure the creation of accessible, citizen-friendly and transparent complaint mechanism, to which also non-EU actors are able to submit complaints regarding failures of the parties to the agreement to comply with human rights clauses;
Amendment 255 #
2024/2081(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the important role of human rights dialogues within the EU’s human rights toolbox and as a key vehicle for the implementation of the EU action plan on human rights and democracy; highlights that these dialogues should address the overall situation of human rights and democracy with the relevant countries and ensure the meaningful participation of civil society; notes that human rights dialogues should be seen as a key element of sustained EU engagement and not as a free-standing instrument; recalls that these dialogues need to be used in conjunction and synergy with other instruments; reiterates the need to raise individual cases, in particular Sakharov Prize laureates and those highlighted by Parliament in its resolutions, and ensure adequate follow-up; calls to increase the visibility of these dialogues and their outcomes, including through the publication of a joint press statement;
Amendment 267 #
2024/2081(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the increasing use of the EU GHRSR as a key political tool in the EU’s defence of human rights and democracy across the world; notes, however, the challenges that the requirement of unanimity poses in the adoption of sanctions and reiterates its call for the introduction of qualified majority voting for decisions on the GHRSR; fully supports the possibility of imposingrecalls, in this regard, the formal request submitted by the European Parliament to the Council, in 2023, on whether to open the EU reform convention, with the aim of evolving to more decisions by qualified majority, among others; reiterates its calls for the adoption of targeted anti-corruption sanctions within the EU framework in this regard, which has been a long-standing priority of Parliament, whether through its inclusion in the GHRSR or under a different regime; highlights the need for the complete enforcement of sanctions and calls for circumventions to be tackled;
Amendment 297 #
2024/2081(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the update of the EU Visa Code Handbook in relation to human rights defenders and calls for its full and consistent use by the Member States; reiterates its call for the Commission to take a proactive role in the establishment of an EU-wide multi-entry visa scheme for HRDs at risk;
Amendment 303 #
2024/2081(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Expresses concern with the rise of transnational repression as a tool used by autocratic regimes to target human rights defenders beyond their borders; calls for the formulation of an EU strategy harmonising national responses to transnational repression;
Amendment 321 #
2024/2081(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reaffirms that promoting the respect, protection and fulfilment of human rights around the world requires strong international cooperation at a multilateral level; underlines the particularly important role of the UN and its bodies as the main forum which must be able to effectively advance efforts for peace and security, sustainable development and respect for human rights and international law; calls for the EU and its Member States to continue supporting the work of the UN, both politically and financially; reiterates the need for the EU and its Member States to speak with one voice at the UN and in other multilateral forums and calls for progress in ensuring an EU seat in international organizations, including in the UN Security Council; calls for EU delegations to play a stronger role in multilateral forums, for which they should have appropriate resources available;
Amendment 332 #
2024/2081(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the current multilateral order needs to fully incorporate in its architecture the new global actors, especially those focusing on democracy and human rights; calls for the EU and its Member States to guarantee a separate and permanent seat for the Union in multilateral forums, including the UN Security Council; underlines the need for the EU and its Member States to act united with a single voice and effectively in tackling global human rights and democracy challenges in multilateral fora;
Amendment 336 #
2024/2081(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Deplores the distorted use of the organizations of multilateral fora by the hand of a number of third countries, and particularly authoritarian and totalitarian regimes, such as in some cases particular friendship groups in the UN, in order to advance an agenda that challenges human rights and the multilateral and rules-based world order; calls on the EU to develop a robust strategy along with like-minded countries in order to contain this situation and to send a united and strong message of support to these organizations when attacked or threatened
Amendment 357 #
2024/2081(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the political and financial support the EU has given to the International Criminal Court (ICC), including the Office of the Prosecutor (OTP) of the ICC, not least through the launch of the ‘Global initiative to fight against impunity for international crimes’ offering EUR 20 million of support to the ICC; calls for the EU and its Member States to keep supporting the ICC with the necessary means and resources and to use all instruments at its disposal to strengthen the fight against impunity worldwide; calls on all the Member States to respect and enforce the actions and decisions of all organs of the ICC, including the OTP and the Chambers, and to support their work as an independent and impartial international justice institution;
Amendment 368 #
2024/2081(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates the strong support of the EU for the International Court of Justice and the ICC amid a particularly challenging time for the international justice; notes with deep concern the worrying and rising trend to undermine the decisions of international institutions and their employees by state officials; regrets the failure of some ICC Member States to execute ICC arrest warrants, thereby undermining the Courts work;
Amendment 371 #
2024/2081(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges the EU to put in place preventive measures to effectively shield the ICC against the potential adoption of the pending legislation at the US House of Representatives which aims to impose targeted sanctions on judges, staff and legal experts of the ICC, mitigating its harmful consequences on the Courts work;
Amendment 377 #
2024/2081(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes with concern the increasing disregard for international humanitarian law and international human rights law, particularly in the form of ongoing conflicts around the world; condemns the constant attempts to undermine and discredit the UN, its Secretary General, and its agencies such as UNRWA, as well as the attacks on its peacekeeping missions; underlines that it is of the utmost importance for humanitarian aid agencies to be able to provide full, timely and unhindered assistance to all people in vulnerable situations and calls on all parties to armed conflicts to protect civilian populations and humanitarian and medical workers; calls upon all states to unconditionally and fully conform with international humanitarian law; calls upon the international community and the Member States in particular to promote accountability and the fight against impunity for grave breaches of international humanitarian law; calls for the systematic creation of humanitarian corridors in regions at war and in combat situations, whenever necessary, in order to allow civilians at risk to escape conflicts, and strongly condemns any attacks on them;
Amendment 387 #
2024/2081(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Condemns in the strongest terms the use of sexual violence against women and girls as a weapon of war and calls for more concerted efforts to end impunity for the perpetrators;
Amendment 390 #
2024/2081(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Reiterates its call on the Member States to help contain armed conflicts and serious violations of human rights or international humanitarian law by strictly abiding by the provisions of Article 7 of the UN Arms Trade Treaty on Export and Export Assessment and Council Common Position 2008/944/CFSP on Arms Exports;
Amendment 427 #
2024/2081(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the right to food, including having physical and economic access to adequate food or the means to its procurement, is a human right; is extremely concerned about the challenges to the right to food worldwide, especially in situations of war and conflicts; notes with concern the increasing reports of the weaponisation of food in situations of armed conflict; calls for the EU and its Member States to promote mandatory guidelines on the right to food without discrimination within the UN system; recalls the importance of the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas in view of attaining food security;
Amendment 432 #
2024/2081(INI)
Motion for a resolution
Subheading 18
Subheading 18
Climate change and the right to a clean, healthy, and sustainable environment
Amendment 440 #
2024/2081(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that climate change and its impact on the environment has direct effects on the effective enjoyment of all human rights; recognises the important work of CSOs, indigenous people, traditional local communities, land and environmental HRDs and indigenous activists for the protection of a clean, healthy and sustainable environment, including access to land and water sources; deplores the risks that environmental HRDs and indigenous and local communities activists face and calls for their effective protection to be guaranteed; notes with deep concern the increasing threats to a clean, healthy and sustainable environment posed by the deployment of weapons of mass destruction and other forms of warfare that adversely and disproportionately affect the environment;
Amendment 443 #
2024/2081(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses the need to effectively address the displacement of people caused by environmental destruction and climate change, which increases the risk of human rights violations and vulnerabilities to different forms of exploitation;
Amendment 464 #
2024/2081(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that women’s rights and gender equality are indispensable and indivisible human rights, as well as a basis for the rule of law and inclusive resilient democracies; deplores the fact that millions of women and girls continue to experience discrimination and violence, especially in the context of conflicts, and are denied their dignity, autonomy and even life; calls for the EU, its Member States and like- minded partners to step up their efforts to ensure the full enjoyment and protection of women’s and girls’ human rights; condemns in the strongest terms the increasing attacks on sexual and reproductive health and rights around the world, as well as gender-based violence; welcomes the accession of the EU to the Istanbul Convention; calls for the EU and its international partners to strengthen their efforts to ensure that women fully enjoy human rights and are treated equally to men; underlines the need to keep opposing and condemning in the stronger terms the cruel and misogynistic anti- abortion laws that punish women and girls with decades-long jail sentences, even in cases of rape, incest or when the life of the pregnant person is at risk; stresses the need to pursue efforts to fully eradicate the practice of female genital mutilation;
Amendment 494 #
Amendment 504 #
2024/2081(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Denounces the erosion of the human rights and the safety of migrants, refugees, asylum seekers and forcibly displaced persons; reaffirms their inalienable human rights and fundamental right to seek asylum; recalls the obligation of states to protect them in accordance with international law; calls for the EU and its Member States to effectively uphold their rights in the EU’s asylum and migration policy and in the EU’s cooperation with partner countries in this regard; deplores the increasing xenophobia, racism and discrimination towards migrants, as well as the different forms of violence they face, including during their displacement and many barriers such as in access to healthcare; stresses that the EU should step up its efforts to acknowledge and develop ways to address the root causes of irregular migration and forced displacement, building the resilience of migrants’ communities of origin and helping them offer their members the possibility to enjoy a decent life in their home country; calls for the EU and its Member States to continue and, where possible, step up their support for countries hosting the most refugees, as well as for transit countries; reiterates that close cooperation and engagement with non-EU countries remain key to preventing migrant smuggling; stresses, in this regard, that the dissemination of information and awareness-raising campaigns on the risks of smuggling are crucial; calls for EU- funded humanitarian operations to take into consideration the specific needs and vulnerabilities of children and to ensure their protection while they are displaced; underlines the importance of developing an effective framework of safe and legal pathways to the EU and welcomes, in this regard, the Commission communication on attracting skills and talent to the EU10 , including the development of talent partnerships with partner countries; _________________ 10 Commission communication of 27 April 2022 on attracting skills and talent to the EU (COM(2022)0657).
Amendment 512 #
2024/2081(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Denounces the erosion of the human rights and the safety of refugees, asylum seekers and forcibly displaced persons; reaffirms their inalienable human rights and fundamental right to seek asylum; recalls the obligation of states to protect them in accordance with international law; calls for the EU and its Member States to effectively uphold their rights in the EU’s asylum and migration policy and in the EU’s cooperation with partner countries in this regard; stresses that the EU should step up its efforts to acknowledge and develop ways to address the root causes of irregular migration and forced displacement, building the resilience of migrants’ communities of origin and helping them offer their members the possibility to enjoy a decent life in their home country; calls for the EU and its Member States to continue and, where possible, step up their support for countries hosting the most refugees, as well as for transit countries; reiterates that close cooperation and engagement with non-EU countries, in full respect of fundamental rights, remain key to preventing migrant smuggling; stresses, in this regard, that the dissemination of information and awareness-raising campaigns on the risks of smuggling are crucial; calls for EU- funded humanitarian operations to take into consideration the specific needs and vulnerabilities of children and to ensure their protection while they are displaced; underlines the importance of developing an effective framework of safe and legal pathways to the EU and welcomes, in this regard, the Commission communication on attracting skills and talent to the EU10 , including the development of talent partnerships with partner countries; _________________ 10 Commission communication of 27 April 2022 on attracting skills and talent to the EU (COM(2022)0657).
Amendment 518 #
2024/2081(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Is deeply concerned about the practice of concluding informal arrangements with third countries in relation to migration cooperation, over which the European Parliament has no oversight; calls on the Member States to ensure transparency and allow for parliamentary scrutiny and democratic oversight, notably regarding cooperation with parties known to have committed violations of human rights; calls on the Commission and the Member States to integrate pre-assessment as well as monitoring mechanisms to evaluate the human rights impact of cooperation on migration with third countries, and to share the results with Parliament; insists on including human rights clauses in migration agreements and calls for their suspension if human rights violations occur;
Amendment 556 #
2024/2081(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates its call for the EU and its Member States to develop new avenues to strengthen the rights of elderly people, taking into account the multiple challenges they face, such as age-based discrimination, poverty, violence and a lack of social protection, healthcare and other essential services, as well as barriers to employment; underlines the work of the UN Open-ended Working Group on Ageing on a legally binding instrument to strengthen the protection of the human rights of older people and calls for the EU and its Member States to consider actively supporting that work; stresses the need for a crosscutting intergenerational approach in EU policies, in order to build and encourage solidarity between the young and the elderly;
Amendment 590 #
2024/2081(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reiterates its concern regarding violations of the right to freedom of thought, conscience, religion and belief; deplores the instrumentalisation of religious or belief identities for political purposes and the exclusion of persons belonging to religious and belief minorities and religious communities in certain non- EU countries; recommendconsiders that the Special Envoy for the promotion and protection of freedom of religion or belief outside the EU be must be integranted more resources so that he can comfortably carry out his mandateinto the EEAS in a similar way to the other special envoys and EU special representatives; highlights the necessity for the Special Envoy to continue to work closely and in a complementary manner with the EUSR for Human Rights and the Council Working Party on Human Rights; calls for the EU and its Member States to step up their efforts to protect the right to freedom of thought, conscience, religion or belief, to raise these issues at UN human rights forums and to continue working with the relevant UN mechanisms and committees;
Amendment 621 #
2024/2081(INI)
Motion for a resolution
Subheading 28
Subheading 28
Right to freedom of expression, academic freedom, media freedom and the right to information
Amendment 629 #
2024/2081(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises the critical significance of freedom of expression and access to trustworthy information for sustaining democracy and a thriving civic space; is seriously concerned about the increasing restrictions on freedom of expression in numerous countries worldwide, particularly for journalists, through censorship, enforced self-censorship, and the misuse of counter-terrorism or anti- corruption laws to suppress journalists and civil society groups; raises concerns, additionally, about the physical security of journalists and media workers and their being targeted and often killed in conflict zones;
Amendment 630 #
2024/2081(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Reaffirms its commitment to protecting and promoting academic freedom as a key component of open and democratic societies; underlines the attacks to academic freedom not only by authoritarian and totalitarian regimes, but also by extreme and populist forces worldwide; calls to protect students and academics from censorship, persecution, and reprisal; calls to develop benchmarks for academic freedom into institutional quality assurance within academic rankings, procedures and criteria;
Amendment 636 #
2024/2081(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls urgently for the EU to back trustworthy media and information outlets that promote the accountability of authorities and support democratic transitions; voices concern about the extensive use of SLAPPs to silence journalists, activists, trade unionists and HRDs globally; welcomes, in this context, the directive designed to shield journalists and HRDs from abusive legal actions and SLAPPs; encourages lawmakers in non-EU countries to develop legislation with the same goal, as part of broader efforts to promote and protect media freedom and pluralism; asks the EU to take into consideration the attacks on media freedom, as well as the persistent and systematic erosion of the right to information, in the monitoring of the compliance of association and trade agreements with democracy and humans rights;
Amendment 640 #
2024/2081(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Welcomes the Commission’s plan to finance initiatives that support journalists on legal and practical matters, including beyond the EU, through the European Democracy Action Plan; calls for the EU to strengthen its efforts to aid targeted journalists globally; acknowledges the contribution to achieving this goal of programmes such as the now defunct Media4Democracy and other EU-funded activities, including those of the European Endowment for Democracy; urges the EU to help make reliable news sources available to more people living in countries that restrict press freedom;
Amendment 646 #
2024/2081(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Notes with concern that more than half of the world's population lives within environments of completely or severely restricted levels of academic freedom, which has severe consequences for the right to education, the enjoyment of the benefits of scientific progress and the freedom of opinion and expression; urges the EU and its Member States to step up their efforts to halt censorship, threats or attacks on academic freedom, and especially the imprisonment of scholars worldwide;
Amendment 647 #
Amendment 648 #
2024/2081(INI)
Motion for a resolution
Subheading 29 b (new)
Subheading 29 b (new)
Notes with regret that indigenous peoples continue to face widespread and systematic discrimination and persecution worldwide, including forced displacements; condemns arbitrary arrests and the killing of human rights and land defenders who stand up for the rights of indigenous peoples; stresses that the promotion of the rights of indigenous peoples and their traditional practices are key to achieving sustainable development, combating climate change and conserving biodiversity; urges governments to pursue development and environmental policies that respect economic, social and cultural rights, and that are inclusive of indigenous peoples and local populations, in line with the UN Sustainable Development Goals; reiterates its call for the EU, its Member States and their partners in the international community to adopt all necessary measures for the recognition, protection and promotion of the rights of indigenous peoples, including as regards their languages, lands, territories and resources, as set out in the UN Declaration on the Rights of Indigenous Peoples; calls on all states, including EU Member States, to ensure that indigenous peoples and local communities are included in the deliberations and decision-making processes of international climate diplomacy; encourages the Commission to continue to promote dialogue and collaboration between indigenous peoples and the EU;
Amendment 649 #
2024/2081(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores that the right to participate in free and fair elections is not respected in authoritarian and illiberal regimes; highlights that these regimes conduct fake elections with the aim of entrenching their power, as they lack real political contestation and pluralism; is alarmed by current trends in electoral processes, such as the increasing decline in electoral participation and democratic performance or the growing disputes concerning the credibility of elections; underlines that distrust on the electoral process can be exacerbated not only by irregularities but also by public statements, including from participants; reminds that public perception of the electoral processes is as crucial as the process itself as its manipulation can lead to toxic polarization or targeted attacks; calls on third countries to reinforce their efforts on communicating clearly all the steps of their respective electoral processes and systems as well as the existing accountability mechanisms in case of irregularities; calls on the EEAS and the Commission to analyse and report to the Parliament the initiatives to tackle the challenges posed by the AI in electoral processes;
Amendment 662 #
2024/2081(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Stresses the role of trade as a major instrument to promote and improve the human rights situation in the EU’s partner countries; notes, however, that there has been little to no improvement in some of the countries concerned; deplores the detrimental effects of some excessive and exploitative business activities on human rights and democracy; welcomes the harmonisation resulting from the adoption of the Directive on corporate sustainability due diligence with binding EU rules on responsible corporate behaviour with regard to human, labour and environmental rights; further welcomes the Regulation on prohibiting products made with forced labour on the Union market11 and calls for its swift implementation at Member State level; _________________ 11 Proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market (COM(2022)0453).recalls the responsibility of businesses in ensuring that their operations and supply chains are not implicated in human rights abuses, including against environmental, indigenous and labour rights defenders; emphasises the need to tackle corporate human rights abuses and ensure justice and reparation for victims;
Amendment 665 #
2024/2081(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Welcomes the harmonisation resulting from the adoption of the Directive on corporate sustainability due diligence with binding EU rules on responsible corporate behaviour with regard to human, labour and environmental rights; further welcomes the Regulation on prohibiting products made with forced labour on the Union market 11a and calls for its swift implementation at Member State level; _________________ 11a Proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market (COM(2022)0453).
Amendment 666 #
2024/2081(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Reiterates its call for the Council to adopt a negotiating mandate for the UN binding instrument on business and human rights;
Amendment 674 #
2024/2081(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Is concerned by the threat that artificial intelligence (AI) can pose to democracy and human rights, especially if it is not duly regulated; highlights the need of oversight, robust transparency and appropriate safeguards for new and emergent technologies, as well as a human-rights based approach; welcomes the Council conclusions on Digital Diplomacy of 26 June 2023 to strengthen the EU’s role and leadership in global digital governance, in particular its position as a shaper of the global digital rulebook; welcomes, in this regard, the adoption of the EU Artificial Intelligence Act which aims to harmonise the rules on AI for protecting human rights, and the advantages that AI can bring to human wellbeing; welcomes the adoption of the Global Digital Compact and underlies the need for accessible and affordable data and digital technologies and services; notes with concern the adverse effects of the ‘fake content industry’ on the right to information and press freedom, including the rapid development of AI and the subsequent empowerment of the disinformation industry12 ; condemns the use of new and emerging technologies, such as facial recognition technology and digital surveillance, as coercive instruments and in the increasing harassment, intimidation and persecution to human rights defenders, activists, journalists and lawyers; _________________ 12 Reporters Without Borders, ‘2023 World Press Freedom Index – journalism threatened by fake content industry’ https://rsf.org/en/2023-world-press- freedom-index-journalism-threatened-fake- content-industry.
Amendment 680 #
2024/2081(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Is concerned by the threat that artificial intelligence (AI) can pose to democracy and human rights, especially if it is not duly regulated; welcomes the Council conclusions on Digital Diplomacy of 26 June 2023 to strengthen the EU’s role and leadership in global digital governance, in particular its position as a shaper of thea global digital rulebook based on democratic principles; welcomes, in this regard, the adoption of the EU Artificial Intelligence Act which aims to harmonise the rules on AI for protecting human rights, and the advantages that AI can bring to human wellbeing; notes with concern the adverse effects of the ‘fake content industry’ on the right to information and press freedom, including the rapid development of AI and the subsequent empowerment of the disinformation industry12 ; _________________ 12 Reporters Without Borders, ‘2023 World Press Freedom Index – journalism threatened by fake content industry’ https://rsf.org/en/2023-world-press- freedom-index-journalism-threatened-fake- content-industry.
Amendment 683 #
2024/2081(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Stresses that the internet should be a place where freedom of expression prevails; considers, nevertheless, that the rights of individuals need to be respected; is of the opinion that, where applicable, what is considered to be illegal offline, should be considered illegal online; expresses concern for the growing number of internet shutdowns; highlights that internet shutdowns are often used by authoritarian regimes, among others, to silence political dissidence and curb political freedom; calls urgently for the EU to combat this alarming phenomenon; urges the EU to take a firm stance against any attempts by tech giants to circumvent or undermine national legal systems and independent court decisions;
Amendment 686 #
2024/2081(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Takes the firm position that the export of spyware from the Union to third countries where such tools are used against human rights activists, journalists and government critics, is a severe violation of the fundamental rights enshrined in the Charter and a gross violation of Union export rules;
Amendment 1 #
2024/2054(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the European Pillar of Social Rights,
Amendment 4 #
2024/2054(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the European Parliament resolution of 19 May 2022 on the social and economic consequences for the EU of the Russian war in Ukraine - reinforcing the EU´s capacity to act (2022/2653(RSP)),
Amendment 10 #
2024/2054(INI)
Motion for a resolution
Recital B
Recital B
B. whereas HICP inflation is projected to increase somewhat in the last quarter of 2024, before declining to 2.2 % inreaching the 2% inflation target in the fourth quarter of 2025 and 1.9 % in 20264 ; _________________ 4 https://www.ecb.europa.eu/press/projection s/html/ecb.projections202409_ecbstaff~9c 88364c57.en.html#toc6.
Amendment 13 #
2024/2054(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the ECB’s primary objective is to maintain price stability, which it has defined as a level of inflation of 2 % over the medium term; whereas the ECB´s secondary mandate requires it, without prejudice to its primary mandate, to support the general economic objectives in the EU;
Amendment 15 #
2024/2054(INI)
Motion for a resolution
Recital E
Recital E
Amendment 17 #
2024/2054(INI)
Motion for a resolution
Recital F
Recital F
Amendment 21 #
2024/2054(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the ECB shall promote the general economic policies in the EU, thereby contributing to the achievement of the objectives of the EU as laid down in Article 3 TFEU;
Amendment 28 #
2024/2054(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the euro is the second most important currency globally, lagging behind the US dollar by a significant margin, despite the euro area’s economic size in global trade;
Amendment 34 #
2024/2054(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the Governing Council of the ECB reflects a gender imbalance; calls on Member States to promote gender balance through equal representation of the respective governors;
Amendment 35 #
2024/2054(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the role of the ECB in safeguarding monetary stability; underlines that the ECB is the institution responsible for maintaining price stability in the euro areaEuro area; emphasizes the importance of the ECB´s secondary mandate to promote the EU´s general economic objectives as set out in Article 3 TFEU, which include full employment, social progress, and environmental protection; whereas the ECB´s mandate, as defined by its objectives, is laid down in Article 127 TFEU and thus legally binding;
Amendment 51 #
2024/2054(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the importance of the ECB’s political independence, which should remain untouched; stresses that this independence requires the ECB to in turn refrain from taking political decisions; welcomes the institutional cooperation, thereby stressing the importance of the corresponding level of accountability towards the European Parliament;
Amendment 62 #
2024/2054(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that inflation levels remain above the ECB’s target of 2 % in some Member States; emphasisCommends the ECB for bringing inflation in line with its target; emphasises the downsides of high interest rates, particularly its restrictive effects on disposable income; notes that inflation diminishes the purchasing power of fixed incomes, savings and pensions and that it distorts the signalling function of prices that ensures an efficient allocation of resources;
Amendment 67 #
2024/2054(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that both monetary and fiscal policies should work in tandem to help European citizens and households, as well as small businesses most adversely affected by the ongoing geopolitical crisis;
Amendment 69 #
2024/2054(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that inflation triggered a "cost of living crisis" for EU citizens, emphasizes therefore the imperativeness of curbing inflation to its desired core inflation rate of 2%;
Amendment 70 #
2024/2054(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 82 #
2024/2054(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Warns the ECB against the temptation to lower interest rates too quickslowly, given the risk that inflation levels could start increasing againnegative impact on the borrowing capacity of households and the capacity of borrowers to repay debt, particularly related to housing loans, but also the lower growth prospects for the euro area; stresses that the ECB itselfonly expectsed a temporary increase in inflation levels in the last quarter of 2024 as previous sharp falls in energy prices drop out of the annual rates;
Amendment 88 #
2024/2054(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasizes the importance of lower interest rates that encourages higher investments, which is needed to finance the green and digital transitions, recalling the Draghi report´s demand for investment quantified at 800 billion Euro;
Amendment 94 #
2024/2054(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the Economic and Monetary Union requires solid fiscal policies in the Member States in order to be able to respond to external shocksa permanent fiscal capacity in order to become an optimal currency area; notes the importance of public investment and solid fiscal policies in the Member States in order to be able to respond to external shocks; welcomes President Lagarde’s statement that the current geopolitical crisis requires us to progress on EU fiscal integration;
Amendment 107 #
2024/2054(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that prudent fiscal policies by the Member States can complement the ECB’s efforts to keep inflation low; hHighlights that addressing excessive public deficit and debt levels is crucial to maintaining a stable economy; highlights the importance of investments in and sustainable growthfuture;
Amendment 117 #
2024/2054(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses concern about the high levels of government debt and deficits within the Member States and the risks of fiscal dominance that this entailof new austerity measures being imposed, further exacerbating the "cost of living" crisis;
Amendment 127 #
2024/2054(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the decrease in core inflation from its peak of 7.6 % in March 2023 to 2.7 % in September 2024, but expresses its unease at its historically and persistently high level;
Amendment 128 #
2024/2054(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights that the supply- side shock - triggered by the rapid decline in fossil fuel energy imports - is the key driver for the record high inflation; emphasizes that geopolitical tensions have not been resolved which subsequently could cause another supply-side shock; notes, that the new trans-atlantic dynamic might also be a factor for a possible supply-side shock;
Amendment 132 #
2024/2054(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 138 #
2024/2054(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 154 #
2024/2054(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the operational structure of the ECB, including the decision to incorporate secondary objectives and climate change concerns into the planning of its structural refinancing operations and structural portfolios;
Amendment 164 #
2024/2054(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 178 #
2024/2054(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. RegretWelcomes the establishment of the transmission protection instrument (TPI) in July 2022; calls on the ECB to respect not just the legal prohibition of monetary financing but also its economic meaning; stresses in this regard that selectively purchasing government debt amounts to monetarily financing an EU Member State;
Amendment 190 #
2024/2054(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that diverging interest rates in the euro area are generally the result of different risk premia on government bonds; stresses that purchases under the TPI wshould merely cobe used to address financeial the symptoms of loose fiscal policy; calls on Member Stmarket stress and panics unrelatesd to econduct responsible fiscal policies and ensure sustainable debt leveomic fundamentals;
Amendment 219 #
2024/2054(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates that the digital euro should serves as a complement to physical cash, that it should not replace cash entirely and that cash should remains available at all times;
Amendment 223 #
2024/2054(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 237 #
2024/2054(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Invites the ECB, together with the Parliament, to launch a broad information campaign on the digital euro in order to allay citizens´concerns;
Amendment 242 #
2024/2054(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the ECB to refrain from taking politically motivated decisions and to stick to its mandate of maintaining price stability; stresses that overstepping this mandate touches on the central bank’s political independencestick to its mandate of maintaining price stability, while having recourse to its secondary mandate in accorance wth Article 3 TFEU;
Amendment 246 #
2024/2054(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Deeply regrets that the ECB remains an exception among central banks by not incorporating the pursuit of full employment in its primary mandate; urges the review thereof, in order to ensure that monetary policy is socially- balanced;
Amendment 248 #
2024/2054(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Emphasizes that, while price stability is the ECB´s primary target, the ECB must take account of environmental, social and economic sustainability goals in line with its secondary mandate;
Amendment 254 #
2024/2054(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 258 #
2024/2054(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the ECB to include a specific chapter in its annual report explaining how it has interpreted and implemented its secondary objectives;
Amendment 264 #
2024/2054(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Stresses the significance of the European Pillar of Social Rights for socio-economic alignment;
Amendment 266 #
2024/2054(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 278 #
2024/2054(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. CWelcomes the Climate and nature plan 2024-2025; calls on the ECB to use all its available tools to ensure that banks take climate risk seriously in order to mitigate the financial risks resulting from climate change;
Amendment 282 #
2024/2054(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Notes the record profits in Euro Area's banking sector, resulting from the higher interest rate environment; encourages the use of these profits to build buffers, thus safeguarding the stability of the financial system; notes that the temporary suspension of dividend distribution and share buy back was effective in safeguarding banks’ resilience during the COVID-19 crisis; calls for the introduction of a binding limitation of dividend distribution and buy back in times of crisis;
Amendment 288 #
2024/2054(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the ECB to look into strengthening the international role of the euro with a view to enhancing its attractiveness as a reserve currency and support market-driven shifts in this direction; stresses the need to deepen and complete the Economic and Monetary Union as a prerequisite for a strong international euro; underlines the importance that co- legislators remain in charge throughout the design of the digital euro;
Amendment 289 #
2024/2054(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Recalls President Lagarde´s past statement that the current and persisting geopolitical crisis requires us to progress on EU fiscal integration; welcomes the ECB´s long- standing support for a well- thought out completion of the Economic and Monetary Union, the Banking Union, namely with the establishment of a fully- fledged European Deposit Insurance Scheme, and the Capital Markets Union; recalls that this would contribute to a larger spread of risks within and the enhanched financial stability of the Momentary Union, as well as it would further strengthen the international role of the euro and amplify its attractiveness as a reserve currency;
Amendment 293 #
2024/2054(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Emphasizes the creation of a well- designed European safe asset could facilitate integration and help mitigate negative feedback loops between the sovereign and domestic banking sectors;
Amendment 311 #
2024/2054(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Regrets that the Governing Council of the ECB Governing Council consist currently of only 2 female member; urges the euro area Member States to fulfil their obligations and apply the principals of gender equality in their appointment procedures, so that both genders have equal opportunities to serve as governors of their respective national central bank;
Amendment 77 #
2018/2236(INI)
Motion for a resolution
Point h
Point h
(h) continue holding annual Human Rights Dialogues, while mainstreaming human rights issueissues relating to human rights and human rights defenders in all meetings; encourage compliance with international human rights instruments;
Amendment 121 #
2018/2236(INI)
Motion for a resolution
Point t
Point t
(t) renew their commitment to the advancement of democratic standards, principles of good governance and the rule of law, and to respect for human rights and human rights defenders;
Amendment 9 #
2018/2099(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the rules-based world order is being increasingly challenged both at the political-military level and, more recently, at the commercial-economic one; notes that these systemic challenges are being accompanied by the continuous deterioration of the international environment confronted with interstate conflicts, natural disasters, terrorism, state failure and hybrid attacks on the foundational pillars of our societies; emphasizes the breakdown of the old geopolitical order, with major developments such as the rise of China, erratic US behaviour and disruptive action by Russia, as well as Brexit, calling for a conciliatory response on the one hand and a vigorous one on the other;
Amendment 42 #
2018/2099(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the importance of the transatlantic bond for the security and defence of the Western democracies; expresses, however, concern about the current state of this relationship and calls on all responsible political and societal forces to further strengthen rather than to undermine this crucial relationship; stresses the need to avoid spill overs from recent difficulties in the trade relationship to the transatlantic security bond; stresses, nevertheless, the importance of exploring new strategic links which could, additionally or alternatively, offset the loss of EU geopolitical influence in the world;
Amendment 52 #
2018/2099(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that appropriate investment in security and defence is a matter of urgency for the Member States and the EU and that defence cooperation should become the norm, as outlined in the EU Global Strategy (EUGS); welcomes the progress achieved so far in the implementation of the security and defence provisions of the EU Global Strategy; believes that these achievements open the perspective for important structural changes in the future, even if they are not equal to the scale of the challenges, indicating the need to go beyond mere cooperation and take firm steps towards the integration of Member States' defence policies;
Amendment 144 #
2018/2099(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that EDIDP will help to foster the competitiveness, efficiency and innovation capacity of the EU's defence industry by eligible actions involving inter alia designing, prototyping, testing, qualification and certification of defence products as well as the development of technologies within a consortium including SMEs and middle capitalisation companies (mid-caps), research centres and universities, and collaboration between Member States, which contributes to the EU´s strategic autonomy; stresses that, by stimulating research and technology transfer for example, this will also have beneficial spin-offs in terms of economic growth and the creation of skilled jobs;
Amendment 226 #
2018/2099(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Expresses its concern at the tensions that have arisen in the context of the Brexit negotiations regarding the future participation of the United Kingdom in European defence policy as a third country; calls on the EU to actively seek to ensure that, in the interests of both sides, the United Kingdom remains a reliable and active partner in the field of defence and security, regardless of the outcome of other Brexit chapters;
Amendment 243 #
2018/2099(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Stresses the importance of mobilising the Member States to increase their NATO budget contributions, given the willingness to do so already demonstrated by some European leaders following repeated intimations by the US, currently the principal source of NATO funding, of its intention to cut back on its contributions to this organisation, which is of key importance to the security of Europe and the world;
Amendment 248 #
2018/2099(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Stresses that partnerships and cooperation with countries and organisations that share the EU’s values, above all those with which Europe has privileged historical and cultural ties, such as Latin America and Africa, contribute to a more effective CSDP; welcomes the contributions made by CSDP partners to ongoing EU missions and operations that contribute to enhancing regional security and stability;
Amendment 253 #
2018/2099(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers it vital to further enhance cooperation with institutional partners, including the UN, NATO, the African Union and, the OSCE, the OAS and UNASUR, as well as strategic bilateral partners, such as the US; recommends taking forward CSDP partnerships in the fields of strengthening partners’ resilience and Security Sector Reform (SSR);
Amendment 6 #
2018/2089(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the overwhelming majority of road accidents are due to human errorhuman error contributes to a majority of collisions and, as such, there is an imperative need to reduce the possibilities for such errors, while maintaining personal mobility;
Amendment 33 #
2018/2089(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. acknowledges its potential for all autonomous private and public means of road, rail, waterborne and air transport.
Amendment 39 #
2018/2089(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the potential ofat automated mobility presents an important potential for many sectors, including and offers new business opportunities for start-ups, SMEs and the industry; as a whole, especially regarding the creation of new mobility services for users.
Amendment 48 #
2018/2089(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to present legislative actions, especially regarding data protection, data access and cyber security, as per its resolution of 13 March 2018 on a European Strategy on Cooperative Intelligence Transport Systems; Recognises the opportunity presented by the Commission’s upcoming Recommendations on access to in-vehicle data and resources to set out a roadmap for the presentation of legislative actions,
Amendment 50 #
2018/2089(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Affirms the need for said legislative actions to ensure fair, real- time, unrestricted and technology-neutral access to in-vehicle data for the entire automotive value chain; Such access should enable end users and third parties to benefit from digitalisation and guarantee a level playing field and maximum security with regard to storage of in-vehicle data.
Amendment 60 #
2018/2089(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that in-vehicle and route data are fundamental building blocks for the achievement of autonomous driving; urges the Commission, therefore, to ensure that obstacles to the use of such dataand connected driving; and adjacent markets for competitive services and prices for endusers; urges the Commission, therefore, to ensure that obstacles to the direct real-time access to the vehicle and its data and resources for independent service providers are dismantled and a robust regulatory system in this respect is put in place in a timely manner;roposed by the end of 2018.
Amendment 66 #
2018/2089(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes, that providing legal certainty for the industry as regards conformity with existing key legislation with particular reference to ePrivacy and GDPR legislation;
Amendment 68 #
2018/2089(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the expected massive increase in data produced by and gathered and transmitted from autonomous vehicles and underlines the need to use non- personal, anonymised data in order to deploy autonomous vehicles;for the whole chain to use these data in order to encourage the deployment of autonomous vehicles and to further develop innovation in the framework of new mobility solutions.
Amendment 75 #
2018/2089(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that fully autonomous vehicles will be commercially available by 2030 and that appropriate regulatory frameworks ensuring their safe operation need to be in place as soon as possible in order to address the resulting changes;
Amendment 84 #
2018/2089(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines the importance of adopting the new General Safety Regulation for motor vehicles, given the short-term life-saving potential of mandatory installation of new vehicle safety technologies, which will furthermore also be used for the deployment of connected and automated vehicles in the future;
Amendment 96 #
2018/2089(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the need for clear legislation, that is regularly reviewed, updated where necessary, and harmonized in terms of data sampling, storage and access, obligating the installation of event data recorders for highly automated vehicles in line with the eCall Regulation5 in order to clarify and enable the tackling, as soon as possible, of issues of liability; _________________ 5OJ L 123, 19.5.2015, p. 77.
Amendment 142 #
2018/2089(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Improves the framework conditions for autonomous driving on rail and accelerate the transition to a digital rail sector, notes the European Train Control System (ETCS) serves as the basis for automation in the rail sector, which is achieved by linking the ETCS to the Automatic Train Operation (ATO); urges the Commission during the deployment of ETCS to be accelerated and priorized in EU funding schemes.
Amendment 143 #
2018/2089(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Calls upon the Commission to make the continuation of Shitf2Rail programme for further developments towards a digital rail network and fully automated driving on rail, including the development of a standard of ATO over ETCS as well as cybersecurity.
Amendment 156 #
2018/2089(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to create comprehensive rules for manufacturer, driver or operator responsibilities at every level of automation across all modes of transport; underlines that those responsibilities need to be clearly communicated through commercial labelling or other forms of communication; reminds that an equal access to in-vehicle data and resources for all parties is an essential condition for ensuring vehicle safety during the whole lifecycle of the vehicle through regular maintenance interventions.
Amendment 20 #
Amendment 69 #
2018/0236(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union has been developing its own space initiatives and programmes since the end of the 1990s, namely the European Geostationary Navigation Overlay Service (EGNOS) and then Galileo and Copernicus, which respond to the needs of Union citizens and the requirements of public policies. Not only should the continuity of those initiatives be ensured but they must also be improved, so that they remain at the forefront in view of new technology development and the transformations in the digital and information and communications technology domains, meet the new needs of users and are able to meet political priorities such as sustainability, climate change, including monitoring changes in the Artic, automation, security and defence.
Amendment 106 #
2018/0236(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) To maximise the socio-economic benefits of Galileo and EGNOS, notably in the area of security, environmental sustainability and mobility, the use of the services provided by EGNOS and Galileo in other Union policies should be promoted where this is justified and beneficial.
Amendment 110 #
2018/0236(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Copernicus is already operational. It is therefore important to ensure the continuity of the infrastructure and services already in place, whilst adapting to the emergence of new political priorities such as commitment to a green economy, adaptation of society to the age of automation or widespread artificial intelligence applications. The system must also adapt to the changing market environment, notably the emergence of private actors in space (“New Space”) and socio-political developments for which a rapid response is needed. This requires a redefinition of the functional structure of Copernicus to better reflect the shift from the first stage of operational services to the provision of advanced and more targeted services to new user communities and the fostering of added-value downstream markets. To this end, its further implementation should adopt an approach following the data value chain, i.e. data acquisition, data and information processing, distribution and exploitation, user and market uptake activities, while the strategic planning process under Horizon Europe will identify research and innovation activities that should make use of Copernicus.
Amendment 112 #
2018/0236(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) As part of the data and information processing function, Copernicus should ensure the long-term sustainability and further development of the core Copernicus services, providing information in order to satisfy public sector needs and those arising from the Union’s international commitments, and to maximise opportunities for commercial exploitation. In particular, Copernicus should deliver, information on the state of the atmosphere including at the local, national, European and global scale,; information on the state of the atmosphere; information on the state of the oceansoceans, including through the setting-up of a dedicated European grouping for marine monitoring; information in support of land monitoring supporting the implementation of local, national and UnioEuropean policies; information in support of climate change adaptation and mitigationuseful in countering climate change and helping to adapt to it; geospatial information in support of emergency management, including through prevention activities, environmental compliance assurance, as well asand civil security including support for the Union's external action. The Commission should identify appropriate contractual arrangements fostering the sustainability of service provision.
Amendment 113 #
2018/0236(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) In the implementation of Copernicus, the Commission should rely, where appropriate, on European international organisations with which it has already established partnerships, in particular the European Space Agency for the development and procurement of space assets, data access and the operation of dedicated missions. In addition, the Commission should rely on EUMETSAT for the operation of dedicated missions in accordance with its expertise and mandate. In the domain of services, the Commission should take appropriate benefit from the specific capacities provided by Union Agencies such as the European Environment Agency, the European Maritime Safety Agency, the European Border and Coast Guard Agency, as well as the intergovernmental European Centre for Medium-range Weather Forecasts and the European investments made already in marine environment monitoring services through Mercator Ocean. On security, aA comprehensive approach at Union level will be sought with the High Representative regarding measures to combat climate change, including implementation of the Paris Agreement, as well as security issues. The Joint Research Centre (JRC) of the Commission has been actively involved from the start of the GMES initiative and has supported developments for Galileo and space weather. Under Regulation (EU) No 377/2014; the JRC is managing the Copernicus emergency management service and the global component of the Copernicus land monitoring service; it is contributing to the review of the quality and fitness for purpose of products and information, and to the future evolution. The Commission should continue relying on JRC's scientific and technical advice for the implementation of the Programme.
Amendment 118 #
2018/0236(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) The Commission White Paper on the future of Europe25, the Rome Declaration of the Heads of State and Government of 27 EU Member States26, and several European Parliament resolutions, recall that the EU has a major role to play in ensuring a sustainable, safe, secure and resilient Europe that is capable to address challenges such as climate change, regional conflicts, terrorism, cyber threats, and growing migration pressures. Secure and guaranteed access to satellite communications is an indispensable tool for security actors, and pooling and sharing of this key security resource at Union level strengthens a Union that protects its citizens. _________________ 25 https://ec.europa.eu/commission/sites/beta - political/files/white_paper_on_the_future_ of_europe_en.pdf 26 http://www.consilium.europa.eu/uedocs/cm s_data/docs/pressdata/en/intm/146072.pdf
Amendment 131 #
2018/0236(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) provide, or contribute to the provision of, high-quality and up-to-date and, where appropriate, secure space- related data, information and services without interruption and wherever possible at global level, meeting existing and future needs and able to meet the Union's political priorities, including as regards commitment to a green economy, sustainability, climate change, andaptation of society to the age of automation, generalised artificial intelligence applications and prevention, security and defence;
Amendment 138 #
2018/0236(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for Copernicus: to deliver accurate and reliable Earth Observation data and information, supplied on a long-term basis, to support the implementation and monitoring of the Union and its Member States' policies in the fields of sustainability, the environment, climate change, agriculture and rural development, automation, civil protection, internal and external safety and security, as well as the digital economy;
Amendment 161 #
2018/0236(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR [167] billion in current prices.
Amendment 163 #
2018/0236(COD)
Proposal for a regulation
Article 11.º – paragraph 1 – subparagraph 2 – point a
Article 11.º – paragraph 1 – subparagraph 2 – point a
(a) for Galileo and EGNOS: EUR [9,710] billion;
Amendment 171 #
2018/0236(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point b
Article 11 – paragraph 1 – subparagraph 2 – point b
(b) for Copernicus:, EUR [5,86,5] billion;
Amendment 271 #
2018/0236(COD)
Proposal for a regulation
Article 34.º – paragraph 4 – point a
Article 34.º – paragraph 4 – point a
(a) take measures which are at least equivalent to those necessary for the protection of European critical infrastructures within the meaning of Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection29, and to those necessary for the protection of their own national critical infrastructures in order to ensure the protection of the ground infrastructure on the ground which form an integral part of the Programme and which are located on their territory; _________________ 29 OJ L 345, 23.12.2008, p. 75.
Amendment 285 #
2018/0236(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The services referred to in paragraph 1 shall be provided as a priority on the territory of Member States geographically located in Europe, including the Azores, Madeira and the Canary Islands.
Amendment 287 #
2018/0236(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The costs of such extension, including the related operating costs specific to theseassociated with these specific regions, shall not be covered by the budget referred to in Article 11. Suchthis extension shall not delay the offeringprovision of the services referred to in paragraph 1 throughout the territory of the Member States which are geographically located in Europe, including the Azores, Madeira and the Canary Islands.
Amendment 73 #
2018/0229(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) to scale up investments into the mitigation of climate change by reserving at least 35% of the financial envelope to the EUs climate objectives
Amendment 94 #
2018/0229(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) sustainable infrastructure policy window: comprises sustainable investment in the areas of transport, energy with a focus on renewable energy-sources and energy-efficiency, digital connectivity, supply and processing of raw materials, space, oceans and water, waste, nature and other environment infrastructure, equipment, mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the Union, or to both, or meet the environmental or social sustainability standards of the Union;
Amendment 106 #
2018/0229(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c a (new)
Article 7 – paragraph 3 – subparagraph 2 – point c a (new)
c a) estimate the positive effects as to achieve the EUs climate and energy targets as set out in the EU climate and energy efficiency strategies
Amendment 114 #
2018/0229(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the Union objectives on climate and environment., as to meet the commitments under the United Nations Framework Convention on Climate Change COP 21
Amendment 141 #
2018/0229(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2 a (new)
Article 20 – paragraph 1 – subparagraph 2 a (new)
The Invest EU Advisory Hub shall provide advisory support at national, regional and local level to promote projects with a view of ensuring that social and environmental aspects are taken into regard throughout the project cycle. Such support shall include assistance to project development and capacity building.
Amendment 154 #
2018/0229(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – point a
Annex II – paragraph 1 – point 1 – point a
(a) expansion of the generation and promoting rapid deployment, supply or use of clean and sustainable renewable energy;
Amendment 165 #
2018/0229(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point b
Annex II – paragraph 1 – point 2 – point b
(b) smart and sustainable urban mobility projects, including inland waterway and air transport (targeting low- emission urban transport modes, non- discriminatory accessibility, air pollution and noise, energy consumption and accidents);
Amendment 172 #
2018/0229(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 6 – point a a (new)
Annex II – paragraph 1 – point 6 – point a a (new)
(a a) Protection of Privacy and Personal Data
Amendment 183 #
2018/0229(COD)
Proposal for a regulation
Annex III – point 4 – point 4.4 a (new)
Annex III – point 4 – point 4.4 a (new)
4.4 a Transport: Investments mobilised to contribute to a balanced mix between transport modes, including innovative solutions for inland waterway and air transport
Amendment 186 #
2018/0229(COD)
Proposal for a regulation
Annex III – point 7 – point 7.2 a (new)
Annex III – point 7 – point 7.2 a (new)
7.2 a Support to highly qualified workforce: number of employees supported to maintain highly skilled workforce in the manufacturing and services and adapt it to digitalisation
Amendment 21 #
2018/0228(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The European Union must bring its energy policy in line with its external policy objectives, particularly in respect of relations with third countries.
Amendment 22 #
2018/0228(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The diversification of energy sources and supply routes must be made be a priority for European Union investment so as to ensure lower exposure to global energy price volatility and disruptions to the world’s energy supply.
Amendment 23 #
2018/0228(COD)
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
Amendment 24 #
2018/0228(COD)
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5d) Establishing energy interconnections between Member States will help reduce dependence on suppliers from third countries.
Amendment 43 #
2018/0228(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) When third countries or entities established in third countries participate in actions contributing to projects of common interest or to cross-border projects in the field of renewable energy, financial assistance should only be available if it is indispensable to the achievement of the objectives of these projects.
Amendment 51 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) In the energy sector, (i) to contribute to the development of projects of common interest relating to further integration of the internal energy market, interoperability of networks across borders and sectors, facilitating decarbonisation and ensuring security of supply, and to facilitate cross- border cooperation in the area of renewable energy; (ii) to promote the development of projects that contribute towards the diversification of energy routes and suppliers, especially in EU territories identified as energy islands; (iii) to encourage the establishment of energy interconnections between Member States in such a way as to reduce dependence on suppliers from third countries;
Amendment 58 #
2018/0228(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The third countries referred to in paragraph 1, and entities established in these countries, may not receive financial assistance under this Regulation except where it is indispensable to the achievement of the objectives of a given project of common interest and under the conditions set in the work programmes referred to in Article 19.
Amendment 73 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(aa) Action undertaken with the aim of ensuring further diversification in external energy suppliers;
Amendment 74 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a b (new)
Article 9 – paragraph 3 – point a b (new)
(ab) Action taken under projects to promote interconnections between Member States and reduce external energy dependence:
Amendment 78 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)
(ia) Alignment with the EU’s Common Foreign and Security Policy;
Amendment 190 #
2018/0228(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to improve the completion of transport projects in less developed parts of the network, a Cohesion Fund allocation should be transferred to the Programme to finance transport projects in the Member States eligible for financing from the Cohesion Fund. In an initial phase and within a limit of 70% of the transferred envelope, the selection of projects eligible for financing should respect the national allocations under the Cohesion Fund. The remaining 30% of the transferred envelope should be allocated on a competitive basis to projects located in the Member States eligible for financing from the Cohesion Fund with priority to cross- border links and missing links. The Commission should support Member States eligible for financing from the Cohesion Fund in their efforts to develop an appropriate pipeline of projects, in particular by strengthening the institutional capacity of the public administrations concerned.
Amendment 207 #
2018/0228(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Following the Joint Communication on improving military mobility in the European Union of November 201724 , the Action Plan on Military Mobility adopted on 28 March 2018 by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy25 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and TEN- T. The Action Plan indicates that by mid- 2018, the Council is invited to consider and validate the military requirements in relation to transport infrastructure and that, by 2019 the Commission services will identify the parts of the trans-European transport network suitable also for military transport, including necessaryuse of the infrastructure on the condition it does not jeopardise their civilian usage and allocated funds, including where there is the possibility to upgrades of existing infrastructure. Union funding for the implementation of the dual-use projects should be implemented through the Programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the Action Plan. __________________ 24 2The infrastructure will always be for dual use with a primary civilian purpose. __________________ 24 JOIN(2017) 41 JOIN(2017) 41 25 JOIN(2018) 5 JOIN(2018) 5
Amendment 270 #
2018/0228(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The deployment of backbone electronic communications networks, including withe use of submarine cables to connecting European territoriescountries or the European Union to third countries on other continents or connecting European islands or overseas territories to the mainland, is needed in order to provide necessary redundancy for such vital infrastructure, and to increase the capacity and resilience of the Union's digital networks. However, such projects are often commercially non-viable without public support.
Amendment 346 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “alternative fuels” means alternative fuels for all modes of transport as defined in Article 2(1) of Directive 2014/94/EU;
Amendment 374 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) “digital connectivity infrastructure” means very high capacity networks, 5G systems, very high quality local wireless connectivity, backbone networks, and submarine cables that are essential to assure connectivity, as well as operational digital platforms directly associated with transport and energy infrastructure;
Amendment 382 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) “5G corridor” means a transport path, road, inland waterways or railway, fully covered with digital connectivity infrastructure and in particular 5G systems, enabling the uninterrupted provision of synergy digital services such as connected and automated mobility or similar smart mobility services for railways;
Amendment 438 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart, sustainable, inclusive, accessible to everyone including persons with disabilities, safe and secure mobility;
Amendment 482 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) In the digital sector, to contribute to the deployment of very high capacity digital networks and 5G systems, to the increased resilience and capacity of digital backbone networks on EU territories, with special attention to the interconnection among European islands and overseas territories to the mainland, by linking them to neighbouring territories, as well to the digitalisation of transport and energy networks.
Amendment 494 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – introductory part
Article 4 – paragraph 2 – point a – introductory part
(a) up to EUR 340,615,493,000 for the specific objectives referred to in Article 3(2)(a), of which:
Amendment 512 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point i
Article 4 – paragraph 2 – point a – point i
(i) EUR 12,8301,415,000,000 from the European Strategic Investment cluster;
Amendment 525 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point i i a (new)
Article 4 – paragraph 2 – point a – point i i a (new)
(iia) EUR 11,415,000,000 for telematics applications and automation, especially for the deployment of ERTMS on-board and on-track, for the specific objective referred to in Article 3(2)(a)new(i);
Amendment 559 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 581 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with [point (a) of Article 62(1)] of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used for the benefit of the Member State concerned.
Amendment 605 #
2018/0228(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants and procurement. Itn the transport sector, in addition to dedicated grant Calls as the standard instrument, the programme may also provide financing in the form of financial instruments within blending operations through dedicated blending calls. Blending operations decided under this Programme shall be implemented in accordance with the InvestEU Regulation and Title X of the Financial Regulation.
Amendment 644 #
2018/0228(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) projects aiming at the deployment of cross-border backbone networks linking the Union to third countries and reinforcing links within the Union territory, including with submarine cables,through the use of submarine cables within the Union and linking the Union to third countries, not only to reinforce interconnections to the Union but also to allow it to have capacity to offer transit between third continents, paying special attention to the interconnection of islands and overseas territories to mainland, as shall be prioritised according to the extent to which they significantly contribute to increasing the quality of service to be offered, resilience and capacity of electronic communications networks in Union territory and beyond the Union;
Amendment 686 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point i i
Article 9 – paragraph 2 – point a – point i i
(ii) actions implementinghaving a significant cross- border impact links of the comprehensive network in accordance with Chapter II of Regulation (EU) No 1315/2013, notably the sections listed in Part III of the Annex to this Regulation;
Amendment 694 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point iii
Article 9 – paragraph 2 – point a – point iii
(iii) actions implementing sections of the comprehensive network located in outermost regions in accordance with Chapter II of Regulation (EU) No 1315/2013, including actions relating with connections within a outermost region and to the relevant urban nodes, maritime ports, inland ports and rail-road terminals of the comprehensive network as defined at Annex II to Regulation (EU) No 1315/2013;
Amendment 710 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point ii
Article 9 – paragraph 2 – point b – point ii
Amendment 725 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point iv
Article 9 – paragraph 2 – point b – point iv
(iv) actions supporting new technologies and innovation, including automation, enhanced transport services, modal integration and, alternative fuels infrastructure for all modes of transport, in accordance with Article 33 of Regulation (EU) No 1315/2013, and the decarbonisation of the transport sector;
Amendment 749 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point viii
Article 9 – paragraph 2 – point b – point viii
(viii) actions improving transport infrastructure accessibility for all users, including for those with disabilities, in accordance with Article 37 of Regulation (EU) No 1315/2013;
Amendment 752 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point ix a (new)
Article 9 – paragraph 2 – point b – point ix a (new)
(ixa) actions improving the accessibilities of the outmost regions;
Amendment 760 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point ix a (new)
Article 9 – paragraph 2 – point b – point ix a (new)
(ixa) actions to reduce rail freight noise, including by retrofitting existing rolling stock in cooperation with the railway industry;
Amendment 779 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(ca) Under the specific objective referred to in Article 3(2)(a)(i): actions supporting new technologies and innovation, such as telematics applications system and automation, in particular the deployment of ERTMS, including for safety purposes, in accordance with Article 31 of regulation (EU) No 1315/2013.
Amendment 801 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point d
Article 9 – paragraph 4 – subparagraph 1 – point d
(d) actions supporting deployment of backbone networks including with submarine cables, within and across Member States and between the Union and third countries in order to assure territorial cohesion within the Union and also the interconnection of Europe to other Continents;
Amendment 829 #
2018/0228(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Legal entities established in a third country which is not associated to the Programme are exceptionally eligible to receive support under the Programme where this is indispensable for the achievement of the objectives of a given project of common interest or of a cross- border project in the field of renewable energy and also in the field of backbone digital networks including through the use of submarine cables.
Amendment 856 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) innovation, safety, interoperability and accessibility aspects while paying particular attention to projects explicitly supporting accessibility to everyone including persons with disabilities;
Amendment 858 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(ba) development of telecom industries;
Amendment 862 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cross-border dimension or accessibility to the outmost regions;
Amendment 932 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links involving any transport mode under the conditions specified in point (c) of this paragraph, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions;
Amendment 949 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) as regards actions relating to cross- border links, the increased maximum co- financing rates as provided for in points (a) and (b) may only apply to actions: (i) that demonstrate a particularly high degree of integration in the planning and implementation of the action for the purpose of the award criterion referred to in Article 13(1)(c), notably through the establishment of a single project company, a joint governance structure and a bilateral legal framework or implementing act pursuant to Article 47 of Regulation (EU) No 1315/2013, or (ii) that demonstrate a substantial cross-border impact facilitating traffic flows that create added value in terms of connectivity, logistics, decarbonisation or trade beyond the territory of one Member State.
Amendment 998 #
2018/0228(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the action has not started within onetwo years following the starting date indicated in the grant agreement;
Amendment 1072 #
2018/0228(COD)
Proposal for a regulation
Annex I – part I – table – Digital – Specific Objectives and Indicators
Annex I – part I – table – Digital – Specific Objectives and Indicators
Amendment 1116 #
2018/0228(COD)
Proposal for a regulation
Annex I – part III – point 1 – table – Core network corridor “Atlantic”
Annex I – part III – point 1 – table – Core network corridor “Atlantic”
Core network corridor "Atlantic" Alignment Gijón – León – Valladolid A Coruña – Vigo – Orense – León– Zaragoza – Pamplona/Logroño – Bilbao Tenerife/Gran Canaria – Huelva/Sanlúcar de Barrameda – Sevilla – Córdoba Algeciras – Bobadilla – Madrid Sines/Lisboa – Madrid – Valladolid Sines – Ermidas Lisboa – Aveiro – Leixões/Porto – Douro river Porto – Vigo Aveiro – Valladolid – Vitoria-Gasteiz – Bergara – Bilbao/Bordeaux – Tours – Paris – Le Havre/Metz – Mannheim/Strasbourg Saint Nazaire – Nantes – Tours Pre- Cross- Evora – Merida Rail identified border sections Vitoria-Gasteiz – San Sebastián – Bayonne – Bordeaux Aveiro – Salamanca Douro river (Via Navegável do Douro) Inland waterways
Amendment 1206 #
2018/0228(COD)
Proposal for a regulation
Annex I – part V – point 3 – heading
Annex I – part V – point 3 – heading
3. Indicative list of 5G corridors and cross-border connections eligible for funding
Amendment 1209 #
2018/0228(COD)
Proposal for a regulation
Annex I – part V – table – Core network “Atlantic”
Annex I – part V – table – Core network “Atlantic”
Core network corridor and cross-border "Atlantic" Cross-border sections for CAM Porto-Vigo and Merida-Evora Azores and Madeira Islands - Lisbon - Paris - experimentation Amsterdam - Frankfurt Aveiro - Salamanca More extensive section for larger scale Metz – Paris - Bordeaux – Bilbao – Vigo – deployment of CAM Porto – Lisbon -Bilbao – Madrid – Lisbon
Amendment 1210 #
2018/0228(COD)
Proposal for a regulation
Annex I – part V – table – Core network “Mediterranean”
Annex I – part V – table – Core network “Mediterranean”
Core network corridor and cross-border "Mediterranean" Cross-border sections for CAM - experimentatioSubmarine cable networks Lisbon – experimentation Marseille – Milan More extensive section for larger scale Budapest – Zagreb – Ljubljana / Rijeka / deployment of CAM Split
Amendment 22 #
2018/0196(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to mainstream climate actions and to the achievement of an overall target of 235 % of the EU budget expenditure supporting climate objectives.
Amendment 25 #
2018/0196(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.
Amendment 29 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) A more cohesive Europe by reducing the national and regional socio- economic asymmetries;
Amendment 31 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a smarter Europe by promoting a sustainable, socially responsible and innovative and smart economic transformation;
Amendment 33 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) aA more connected Europe by enhancing mobility and regional, reducing the isolation of the outermost regions by investing in their accessibility, betting in green mobility, promoting interoperability and intermodality in the transport sector and enhancing ICT connectivity;
Amendment 41 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes, and shall report the outcome to the European Parliament and to the Council.
Amendment 49 #
2018/0196(COD)
Proposal for a regulation
Title 2 – chapter 3 – title
Title 2 – chapter 3 – title
Measures linked to sound economic governancethe use and suspension of funds
Amendment 50 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. 6. Paragraphs 1 to 5 shall not apply to priorities or programmes under Article [4(c)(v)(ii)] of ESF+ Regulation.
Amendment 51 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 52 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 53 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
Amendment 54 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
Amendment 56 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 10
Article 15 – paragraph 10
Amendment 57 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 11
Article 15 – paragraph 11
Amendment 58 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 12
Article 15 – paragraph 12
Amendment 59 #
2018/0196(COD)
Proposal for a regulation
Article 15 – paragraph 13
Article 15 – paragraph 13
Amendment 60 #
2018/0196(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 104 #
2018/0196(COD)
Proposal for a regulation
Article 103 – paragraph 1 – subparagraph 1
Article 103 – paragraph 1 – subparagraph 1
The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR 330 624 388 6372 197 000 000 in 2018 prices.
Amendment 105 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 1 – introductory part
Article 104 – paragraph 1 – introductory part
1. Resources for the Investment for jobs and growth goal shall amount to 97.5 % of the global resources (i.e., a total of EUR 322 194 388 630) and shall be allocated as follows:
Amendment 106 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 1 – point a
Article 104 – paragraph 1 – point a
(a) 61.6 % (i.e a total of EUR 198 621 593 157) for less developed regions;
Amendment 107 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 1 – point b
Article 104 – paragraph 1 – point b
(b) 14.3 % (i.e a total of EUR 45 934 516 595) for transition regions;
Amendment 108 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 1 – point c
Article 104 – paragraph 1 – point c
(c) 10.8 % (i.e., a total of EUR 34 842 689 000) for more developed regions;
Amendment 109 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 1 – point d
Article 104 – paragraph 1 – point d
(d) 12.8 % (i.e., a total of EUR 41 348 556 877) for Member States supported by the Cohesion Fund;
Amendment 110 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 1 – point e
Article 104 – paragraph 1 – point e
(e) 0.45 % (i.e., a total of EUR 1 447 034 001) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.
Amendment 115 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 5
Article 104 – paragraph 4 – subparagraph 5
Amendment 122 #
2018/0196(COD)
Proposal for a regulation
Article 104 – paragraph 4 – subparagraph 6
Article 104 – paragraph 4 – subparagraph 6
Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 7100% of the resources transferred to the CEF.
Amendment 131 #
2018/0196(COD)
Proposal for a regulation
Article 105 – paragraph 1 – point a
Article 105 – paragraph 1 – point a
(a) of not more than 15 % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;
Amendment 133 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 135 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5560 % for the transition regions;
Amendment 136 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 140 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 3
Article 106 – paragraph 3 – subparagraph 3
The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than 7085 %.
Amendment 143 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 4 – subparagraph 1
Article 106 – paragraph 4 – subparagraph 1
The co-financing rate for Interreg programmes shall be no higher than 7085 %.
Amendment 16 #
2018/0162(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to maintain a high level of maritime safety and pollution prevention at sea, it is essential to improve the level of knowledge and skills of the Union seafarers by developing maritime training and certification in line with the international rules, as well as to take further action to enhance the European maritime skills base through the provision of advanced training and development opportunities for Union seafarers.
Amendment 25 #
2018/0162(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to further increase the efficiency of the centralised system for the recognition of third countries, the reassessment of third countries which provide low number of seafarers in the Union fleet should be performed in longer intervals which should be increased to tseven years. However, this longer period of reassessment of the system of such third countries should be combined with priority criteria which take into account safety concerns,and other relevant concerns, in particular balancing the need for efficiency with an effective safeguard mechanism in case of deterioration of the quality of seafarers' training provided in the relevant third countries.
Amendment 28 #
2018/0162(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Information on the seafarers employed from third countries has become available at Union level through the communication by the Member States of the relevant information kept in their national registers regarding issued certificates and endorsements. This information should be used not only for statistical and policy making purposes but also for the purpose of improving the efficiency of the centralised system recognising third countries. Based on the information communicated by the Member States, recognised third countries which have not provided the Union fleet with seafarers for a period of at least five years shall be re-examined and may be, if necessary, withdrawn from the list of recognised third countries. In addition, this information shall be also used in order to prioritise the reassessment of the recognised third countries.
Amendment 32 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/106/EC
Article 5 a
Article 5 a
For the purposes of paragraph 8 of Article 20, paragraph 2 of Article 21 and for use by the Member States and the Commission in policy-making, Member States shall submit to the Commission, on a yearly basis, the information referred to in Annex V to this Directive on certificates of competency and endorsements attesting the recognition of certificates of competency. They may also provide, on a voluntary basis,Member States shall also submit the information on certificates of proficiency issued to ratings in accordance with Chapters II, III and VII of the Annex to the STCW Convention."
Amendment 33 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 1
Article 5 b – paragraph 1
1. Every Member State shall accept Certificates of Proficiency and Documentary evidence issued by another Member State, or under its authority, for the purpose of allowing seafarers to serve on-board its fleet. The initial decision regarding the acceptance of such certificates or evidence shall be issued within one month of receipt of the request and supporting documentation.
Amendment 35 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 2
Article 5 b – paragraph 2
2. Every Member State shall recognise Certificates of Competency issued by another Member State or Certificates of Proficiency issued by another Member State to masters and officers in accordance with Regulations V/1-1 and V/1-2 of Annex I, by endorsing that certificate to attest its recognition. The endorsement attesting the recognition, shall be limited to the capacities, functions and levels of competency or proficiency prescribed therein. The endorsement shall only be issued if all requirements of the STCW Convention have been complied with, in accordance with paragraph 7 of Regulation I/2 of the STCW Convention. The form of the endorsement used shall be that set out in paragraph 3 of Section A-I/2 of the STCW Code.
Amendment 36 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 4
Article 5 b – paragraph 4
4. Member States shall ensure that seafarers have the right to appeal against any refusal to endorse or accept a valid certificate, or the absence of any response, in accordance with national legislation and procedures and that seafarers shall be provided with adequate advice and assistance free of charge regarding such appeals.
Amendment 39 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 7 a (new)
Article 5 b – paragraph 7 a (new)
7a. Member States shall, with the assistance of the Commission and the involvement of social partners, develop a mutually recognised European Maritime Diploma of Excellence providing advanced training for seafarers above and beyond the requirements of the STCW Convention in order further to enhance the European maritime skills base.
Amendment 40 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2008/106/EC
Article 5 b – paragraph 7 b (new)
Article 5 b – paragraph 7 b (new)
7b. By...[insert date five years after entry into force] the Commission shall submit to the European Parliament and the Council an evaluation of the impact of mutual recognition of seafarers’ training and qualifications on the employment and skills of European seafarers, including proposals for further action in the light of that evaluation.
Amendment 47 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2008/106/EC
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
A Member State which intends to recognise, by endorsement, the certificates of competency or the certificates of proficiency referred to in paragraph 1 issued by a third country to a master, officer or radio operator, for service on ships flying its flag, shall, following consultations with appropriate social partners in that Member State, submit a request to the Commission for the recognition of that third country, accompanied by a preliminary analysis of the third country's compliance with the requirements of the STCW Convention by collecting the information referred to in Annex II, including an. In addition to the preliminary analysis on compliance, the Member State shall submit a reasoned estimation of the number of masters and, officers and radio operators from that country likely to be employed, together with information on the results of social partner consultations.
Amendment 55 #
2018/0162(COD)
When a positive decision for initiating the recognition procedure has been adopted, the Commission, assisted by the European Maritime Safety Agency and with the possible involvement of the Member State submitting the request and any other affected Member States, shall collect the information referred to in Annex II and shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted, in order to verify whether the country concerned meets all the requirements of the STCW Convention and whether appropriate measures have been taken to prevent issuance of fraudulent certificates.
Amendment 58 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2008/106/EC
Article 19 – paragraph 3 – subparagraph 2
Article 19 – paragraph 3 – subparagraph 2
In case the third country concerned needs to implement major corrective actions, including amendments to its legislation, its education, training and certification system in order to meet the requirements of the STCW Convention, the decision can be adopted within 360 months from the adoption of a positive decision referred to in paragraph 2.
Amendment 60 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2008/106/EC
Article 19 – paragraph 3 – subparagraph 3
Article 19 – paragraph 3 – subparagraph 3
The Member State submitting the request may decidetogether with accompanying analysis and information in accordance with paragraph 2 may apply to the Commission for provisional authorisation to recognise the third country unilaterally until a final decision is taken under this paragraph. The Commission shall decide on such an application without delay and it shall not be refused without proper justification. In case such a unilateral recognition takes place, the Member State shall communicate to the Commission the number of endorsements attesting recognition issued in relation to certificates of competency and certificates of proficiency referred to in paragraph 1, issued by the third country until the final decision on its recognition is adopted.
Amendment 62 #
2018/0162(COD)
8. If there are no endorsements attesting recognition issued by a Member State in relation to certificates of competency or certificates of proficiency, referred to in paragraph 1 of Article 19, issued by a third country for a period of more than 5 years, the recognition of that country's certificates shall be re-examined and may be, if necessary, withdrawn. To this end, the Commission shall adopt implementing decisions, in accordance with the examination procedure referred to in Article 28(2), after notifying the Member States as well as the third country concerned at least twofour months in advance.
Amendment 66 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Directive 2008/106/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The third countries that have been recognized under the procedure referred to in the first subparagraph of Article 19(3), including those referred to in Article 19(6), shall be reassessed by the Commission, with the assistance of the European Maritime Safety Agency, on a regular basis and at least within tseven years of the last assessment, to verify that they fulfil the relevant criteria set out in Annex II and whether the appropriate measures have been taken to prevent issuance of fraudulent certificates.
Amendment 68 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2008/106/EC
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
(d) the number of seafarers’ training and development programs approved by the third country;
Amendment 69 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2008/106/EC
Article 21 – paragraph 2 – point f a (new)
Article 21 – paragraph 2 – point f a (new)
(fa) the overall numbers of seafarers provided by the third country to the Union fleet, and the level of training and qualifications of those seafarers;
Amendment 70 #
2018/0162(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Directive 2008/106/EC
Article 21 – paragraph 2 – point f b (new)
Article 21 – paragraph 2 – point f b (new)
(fb) information concerning education and training standards in that third country provided by any concerned authorities or other stakeholders.
Amendment 13 #
2018/0145(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Pursuant to the framework of Directive 96/53/EC of the European Parliament and of the Council, enabling vehicles to have a new cab profile would contribute to improving road safety by reducing blind spots in the driver's vision, and ought to help to save the lives of many vulnerable road users such as pedestrians or cyclists. Once improved safety requirements for longer cabs have been developed, consideration should be given to whether it is appropriate to apply them to vehicles which do not benefit from the length extension;
Amendment 22 #
2018/0145(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The type-approval requirements concerning safety shall be tested and ensured in the light of the specific performance standards with which all vehicles are to comply, regardless of vehicle segment.
Amendment 34 #
2018/0145(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In order to ensure compliance with this Regulation, Member States should take all necessary actions to ensure that the provisions on corrective measures and penalties laid down in Regulation (EU) 2018/858 are implemented.
Amendment 133 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. Without prejudice to Regulation (EU) No 2016/679 of the European Parliament and the Council, any processing of personal data through the event (accident) data recorder referred to in Article 7(5) shall comply with the personal data protection rules provided for in that Regulation.
Amendment 152 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Vehicles of categories M2, M3, N2 and N3 shall be designed and constructed so as to enhance the direct visibility of vulnerable road users from the driver seating seat. The Commission shall bring forward a Delegated Act on Direct Vision Requirements that eliminates the blind spot to the front and driver’s side of trucks and significantly reduces the blind spot to the nearside of the truck. This requirement will be differentiated according to truck type.
Amendment 53 #
2018/0129(COD)
Proposal for a directive
Recital 1
Recital 1
(1) It is the strategic objective of the Union to halve the number of road deaths by 2020 compared to 2010 and to move close to zero fatalities by 2050 ("Vision Zero")13 . However, progress towards achieving these objectives has stalled in recent years. Significant and urgent efforts and measures are needed to save lives and to avoid serious injuries on European Roads. _________________ 13 Communication from the Commission "Towards a European road safety area: policy orientations on road safety 2011-2020" (COM(2010) 389 final)
Amendment 55 #
2018/0129(COD)
Proposal for a directive
Recital 2
Recital 2
(2) According to the Safe System approach, death and serious injury in road accidents is largely preventable. It should be a shared responsibility at all levels to ensure that road crashes do not lead to serious or fatal injuries. In particular, well- designed and properly maintained roads should reduce the probability of road traffic accidents, whilst "“forgiving"” roads (roads laid out in an intelligent way to ensure that driving errors do not immediately have serious consequences) should reduce the severity of accidents. Guidelines with precise technical characteristics for the provision and maintenance of “forgiving roadsides” building on the experience of all Member States should be developed by the Commission.
Amendment 59 #
2018/0129(COD)
Proposal for a directive
Recital 5
Recital 5
(5) A large proportion of road accidents occur on a small proportion of roads where traffic volumes and speeds are high and where there is a wide range of traffic travelling at different speeds. Therefore the limited extension of the scope of Directive 2008/96/EC to rural roads, to motorways and primary roads beyond the TEN-T network should contribute significantly to the improvement of road infrastructure safety across the Union and the same high level of safety to all road users.
Amendment 69 #
2018/0129(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Vulnerable road users accounted for 46% of road fatalities in the Union in 2016. Ensuring that the interests of these users are taken into account in all RISM procedures and the development of quality requirements for pedestrian and cycling infrastructure should therefore improve their safety on the road.
Amendment 71 #
2018/0129(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The design and maintenance of road markings and road signs is an important element in ensuring road infrastructure safety, especially in light of the development of vehicles equipped with driver assistance systems or higher levels of automation. In particular, it is necessary to ensure that road markings and signs are visible under all circumstances and that they can be easily and reliably recognised by such vehicles and all road users.
Amendment 76 #
2018/0129(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) High-quality road signs and markings are crucial to support drivers as well as connected and automated vehicles; Minimum performance requirements for road markings and roads signs should be met to facilitate the roll-out of connected and automated mobility systems; a harmonised approach within the Union in accordance with the Vienna Convention on Road Signs and Signals of 1968 would be preferable.
Amendment 78 #
2018/0129(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Since the objective of this Directive, namely the establishment of procedures to ensure a consistently high level of road safety throughout the trans- European network and the network of rural roads, of motorways and primary roads across the Union cannot be sufficiently achieved by the Member States, but can rather, as improvement is necessary throughout the Union in order to ensure convergence towards higher standards of road infrastructure safety, 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 on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. As a result of action at Union level, travel throughout the Union should become safer which in turn should improve the functioning of the internal market and support the objective of economic, social and territorial cohesion.
Amendment 85 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2008/96/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall apply to roads which are part of the trans-European network, to rural roads, motorways and to primary roads, whether they are at the design stage, under construction or in operation.
Amendment 99 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Article 2 – point 2 b
Article 2 – point 2 b
2b. ‘primary road’ means a road that is not a motorway but connects major cities or regions, or both, and is defined as a primary road in the EuroRegionalMap produced by the National Mapping and Cadastral Agencies of Europe;
Amendment 101 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Article 2 – point 2 b a (new)
Article 2 – point 2 b a (new)
2ba. ´rural road´ means a road outside urban areas that are not motorways or unpaved roads; 1a _________________ 1a Definition OECD, 1999
Amendment 109 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2008/96/EC
Article 4 – paragraph 6 (new)
Article 4 – paragraph 6 (new)
(2a) In Article 4 the following paragraph 6 is added: 6. The Commission shall set up guidelines with precise technical characteristics for the provision and maintenance of “forgiving roadsides” (roads laid out in an intelligent way to ensure that driving errors do not immediately have serious consequences) building on the experience of all Member States and promote them amongst auditors and transport planners. The Commission shall provide technical and financial assistance to support Member States in the implementation of the guidelines.
Amendment 112 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2008/96/EC
Article 4 – paragraph 6 b (new)
Article 4 – paragraph 6 b (new)
(2b) In Article 4 the following paragraph 7 is added: 6b. The Commission shall set up guidelines for applying progressively the concepts of “self-explaining” and “self enforcing roads” (roads that are designed for specific purpose or function, e.g. speed limits) in the procedures of road safety infrastructure management.
Amendment 119 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a network-wide road assessment is carried out on the entire road network in operation covered by this Directive. Network-wide road assessments shall comprise a visual inspection, an analysis ofdetailed examination taking into account traffic volumes and historic accident data and an assessment ofin order to classify crashes and impact severity risk. Member States shall ensure that the first assessment is carried out by 2025 at the latest. Subsequent network-wide road assessments shall be sufficiently frequent in order to ensure adequate safety levels and analysis related to accidents, but in any case shall be carried out at least every five years.
Amendment 126 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Member States shall inform road users of the existence of a high accident concentration sections by appropriate measures.
Amendment 127 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. The Commission may publish a European map of the road network within the scope of this Directive, accessible online, highlighting the three different categories as referred to in Article 5(3).
Amendment 128 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/96/EC
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
5c. Member States may publish and make accessible to the public all the relevant documents, affecting the safety of the infrastructure, of concession provisions within the framework of public procurements.
Amendment 140 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2008/96/EC
Article 6 b – paragraph 1
Article 6 b – paragraph 1
Member States shall ensure that the needs of vulnerable road users are taken into account in the implementation of the procedures set out in Articles 3 to 6. The Commission shall develop quality requirements for pedestrian and cycling infrastructure.
Amendment 141 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 Directive 2008/96/EC
Article 1 – paragraph 1 – point 5 Directive 2008/96/EC
1a. Member States shall ensure that the needs of powered two wheelers (PTWs) are taken into account in the road design and maintenance.
Amendment 143 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1. Member States shall ensure that road markings and road signs are properly designed, visible under all circumstances and maintained in such a way that they can be easily and reliably recognised by both human drivers and vehicles equipped with driver assistance systems or higher levels of automation.
Amendment 148 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2008/96/EC
Article 6 c – paragraph 2
Article 6 c – paragraph 2
2. The Commission shall develop generalminimum performance requirements to facilitate the recognition of road markings and road signs. For this purpose, the Commission shall adopt an implementing act in accordance with the procedure referred to in Article 13(2).
Amendment 155 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2008/96/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
(5a) In Article 9, paragraph 1 is replaced by the following: 1. Within 2 years after coming into force of this Directive, the Commission shall adopt, by means of implementing acts in accordance with the procedure referred to in Article 13(2) common training curricula for road safety auditors based on best practice in Member States; In order to ensure that the needs of the most vulnerable roads users are taken into account, pedestrian and cycling infrastructure should be included as new part of training curricula.
Amendment 156 #
2018/0129(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2008/96/EC
Article 10
Article 10
In order to improve the safety of Union roads, the Commission shall establish a system for the exchange of information and best practices between the Member States, covering, inter alia, existing road infrastructure safety projects and proven road safety technology. Facilitating the exchange of experience on Safe System methodologies between practitioner and the information exchange for road safety auditors should be encouraged.
Amendment 161 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2008/96/EC
Annex I – section 2 – point e
Annex I – section 2 – point e
(e) traffic (e.g. traffic volume, traffic categorisation by type), including estimated pedestrian and bicycle flows determined from adjacent land use attributes;
Amendment 164 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 2 – point n
Annex II – section 2 – point n
(n) provisions for vulnerable road users:separation of pedestrians and cyclists from high speed motor traffic or existence of direct alternative routes on lower class roads;
Amendment 165 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 1 – point n – point 1
Annex II – section 1 – point n – point 1
i) provisions for pedestriansdensity and location of crossings for pedestrians and cyclists across the new road,
Amendment 167 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – point b
Annex I – paragraph 1 – point 2 – point b
Directive 2008/96/EC
Annex II – section 1 – point n – point ii
Annex II – section 1 – point n – point ii
ii) provisions for cyclists,pedestrians and cyclists on affected roads in the area.
Amendment 171 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 1 – point c
Annex II a – section 1 – point c
(c) self-explaining alignment (i.e. "readability" of the alignment by drivroad users);
Amendment 176 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 1 – point g
Annex II a – section 1 – point g
(g) existence of pedestrian and cycling crossings.
Amendment 181 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Directive 2008/96/EC
Annex II a – section 6 – point b
Annex II a – section 6 – point b
(b) roadside hazards and distance from carriageway or cycle path edge;
Amendment 185 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 2 – point d
Annex III – section 2 – point d
(d) observed bicycle volumes on both sides, noting “along” or “crossing”;
Amendment 189 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point a
Annex III – section 9 – point a
(a) pedestrian and cycling crossings (surface crossings and grade separation);
Amendment 193 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – paragraph 9 – point d
Annex III – paragraph 9 – point d
(d) bicycle facilities (cycle lanes, cycle paths, other);
Amendment 198 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point f
Annex III – section 9 – point f
(f) pedestrian and cycling crossing facilityies on entry arm of minor road joining network.
Amendment 200 #
2018/0129(COD)
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2008/96/EC
Annex III – section 9 – point fa (new)
Annex III – section 9 – point fa (new)
(fa) existence of alternative routes for pedestrians and cyclists in case of no separated facilities.
Amendment 52 #
2017/2227(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes positively Australia’s efforts towards a redress of the historical injustices done to the Aboriginal and Torres Strait Islanders in the wake of the national apology to the Stolen Generations made in 2008; encourages the government of Australia to refresh its strategy to improve the lives of indigenous Australians, in particular pertaining to the gap in life expectancy, and to strengthen its degree of commitment so as to achieve effective equality and enduring national reconciliation;
Amendment 4 #
2017/2206(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to the human rights provisions included in the Cotonou Agreement,
Amendment 10 #
2017/2206(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas indigenous peoples around the world live in harmony with their ecosystems, nourishing deep bonds with all living organisms on their lands; whereas their traditional knowledge and practices are of great importance for the conservation and sustainable use of biodiversity; whereas indigenous peoples are particularly vulnerable to the pernicious effects of climate change due to their close dependence on highly exposed ecosystems;
Amendment 11 #
2017/2206(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas indigenous peoples’ communal rights arise by virtue of a traditional occupation of their territories and the sense of belonging connecting them to said territories does not coincide with the concept of ownership as commonly conceived in western societies;
Amendment 45 #
2017/2206(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas some States do not recognise the legitimacy of indigenous people’s representatives or their ability to pronounce themselves on matters relevant to their lives; whereas the governments of some countries lack the will, the political capacity or the resources to protect traditional lands and indigenous people’s rights and those of people working in rural areas; whereas in many cases the governmental authorities themselves are responsible for issuing land titles to foreign investors and for authorising agribusiness expansion, development, industrialization and infrastructure projects without prior community consultation and consent, and often against their duty to secure protected areas;
Amendment 47 #
2017/2206(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas remote indigenous communities or those living in voluntary isolation lack the capacity, for that very reason, to advocate for their own rights, therefore being especially unprotected against the violation of those rights;
Amendment 48 #
2017/2206(INI)
Motion for a resolution
Recital H
Recital H
H. whereas nowadays there is a trend towards the militariszation of some reserves and protected areas, which sometimes overlap with the lands of indigenous and local communities, causing serious human rights violations, including “shoot on site” practices, in addition to hindering the access of these communities to their livelihoods and sacred places;
Amendment 52 #
2017/2206(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas civil conflicts in some countries are related to land rights and are the cause of forced displacements of indigenous and local communities, thus opening the door to land grabbing and landholding concentration;
Amendment 54 #
2017/2206(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas poorly regulated tourism can have a negative cultural and ecological impact on these communities and in some cases it is the instigator factor for land grabbing;
Amendment 58 #
2017/2206(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas in some countries large numbers of indigenous populations migrated to major urban centres, where feelings of detachment and loss of cultural values ensue; whereas the inadequacy of their traditional knowledge and practices to urban contexts and to contemporary job market dynamics expose them to poverty and to new forms of exclusion and discrimination;
Amendment 62 #
2017/2206(INI)
Motion for a resolution
Recital J
Recital J
J. whereas non-binding corporate social responsibility and voluntary regulation schemes have proved insufficient to protect indigenous and local communities from the violation of their human rights, to prevent land grabbing and to ensure effective corporate accountability; whereas the lack of control and accountability mechanisms constitutes a major impediment to effective and adequate remedy;
Amendment 65 #
2017/2206(INI)
K. whereas a great number of EU- based investors and companies are involved in hundreds of land acquisition operations in Africa, Asia and Latin America, which sometimes leads to violations of the rights of indigenous and local communities; whereas in many cases, given the multiple foreign ramifications of those actors, it can prove difficult to trace their roots directly to the EU and its Member Statesthe European Union may be implicated in human rights violations related to land grabbing in different ways, such as through EU-based private companies, through EU-based finance companies that finance land-grab directly or indirectly, through Public- Private Partnerships with the use of public funds or political interventions that facilitate land acquisition by private companies, through EU-based development Finance Institutions and through EU policies and international agreements, including trade and investment agreements; whereas in many cases, given the multiple foreign ramifications of those actors, it can prove difficult to trace their roots directly to the EU and its Member States, and even where those roots can be traced there remain significant legal and practical barriers to accessing justice and accountability via the courts of the EU and its Member States, including as a result of jurisdictional limitations in respect of cases concerning immovable property (including land and natural resources), severe constraints on the value of the remedy available and legal aid availability, and the difficulties of demonstrating parent-company liability;
Amendment 71 #
2017/2206(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas most lands in developing countries are inhabited, thus exposing the investments and reputation of companies to tenure risks and significantly increasing their operating costs when land transfers occur in a context of conflict, without the prior consent of indigenous and local communities and in contempt for their rights;
Amendment 83 #
2017/2206(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on all States, including the EU and its Member States, to follow all the necessary steps to effectively comply with the provisions contained in ILO Convention 169 on Indigenous and Tribal Peoples and recalls that all ratifying States are obliged to develop coordinated and systematic action to protect indigenous peoples’ rights;
Amendment 87 #
2017/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises some achievements in the recognition of the rights of indigenous peoples and an increasing awareness by civil society regarding their situation and recognises the EU’s contribution in this regard; warns, however, of a still very timid presence of this issue in EU policies, such as in the negotiation of trade and cooperation agreements;
Amendment 88 #
2017/2206(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the EU and its Member States to create conditions for the fulfilment of the objectives set out in the United Nations Declaration on the rights of Indigenous Peoples and to encourage its international partners to adopt and implement it fully;
Amendment 91 #
2017/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on all states, including the EU and its Member States, to legally recognise the traditional lands of indigenous people; rights of indigenous peoples to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired;
Amendment 96 #
2017/2206(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on all states, including the EU and the Member States, to include indigenous peoples and rural communities in their strategies for tackling climate change, including the unintended human rights implications of climate-related land and natural resource policy and finance, such as the forced eviction or exclusion of indigenous peoples from their traditional lands on grounds of forest carbon or water security conservation;
Amendment 99 #
2017/2206(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on all states, including the European Union and its Member States, to recognise indigenous peoples as equal partners in all deliberations on issues that could affect them, and to create conditions so that their arguments and opinions can be respectfully heard in the regional and global discussion forums;
Amendment 102 #
2017/2206(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on all States, including the EU and its Member States, to create conditions for the effective presence of representatives and leaders of indigenous peoples in civil society and public space, and for a more visible participation in the political system and indecision-making processes in matters that are relevant to them, including in constitutional reforms;
Amendment 105 #
2017/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the EU and its Member States to redouble their efforts in order to ensure the physical integrity and the legal assistance of indigenous, environmental and land rights defenders, namely through the reinforcement of the EIDHR Emergency Fund targeted at indigenous peoples’ rights defenders at risk and of other relevant programmes; requests the EU to instruct and capacitate its delegations in relevant countries to increase monitoring and support of those defenders and report the violations of their human rights in a more systematic and forceful manner;
Amendment 115 #
2017/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on all states, including the EU and its Member States, to ensure that their environmental conservation policies fully respect the rights of indigenous peoples and rural communities so that whenthe compliance with these rights is always present both at the time of creation or expansion of protected areas are cnd in related or extended, compliance withion to pre-existing protected areas whose creation have previously evicted, excluded or otherwise disproportionately curtailed these rights has already been establishedof indigenous peoples and rural communities;
Amendment 126 #
2017/2206(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the EU and its Member States for their human rights agendas to give greater emphasis to the issue of land grabbing;
Amendment 128 #
2017/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the International Criminal Court’s 2016 announcement that land grabbing and environmental destruction may henceforth bringprecipitate charges of crimes against humanity;
Amendment 130 #
2017/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the EU and its Member States to incite their partner States who are involved in post-conflict peace building which involve land rights to draw up measures to enable the return of dislocated indigenous and local communities to their traditional territories, as a crucial factor in achieving sustainable peace and social stabilization;
Amendment 140 #
2017/2206(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on all states, especially the EU and its Member States, to adopt and give their support to the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests of the Committee on World Food Security and to sign fForest lLaw eEnforcement, gGovernance and tTrade vVoluntary pPartnership aAgreements with as many relevant countries as possible, as a form of excluding illegal wood from the markets of the EU and in that way contribute to the fight against deforestation and the illegal cutting of trees that is behind numerous violations of the rights of indigenous peoples and local communities;
Amendment 145 #
2017/2206(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the EU to guarantee an effective redress to indigenous and local communities victims of human rights abuses and violations resulting from the involvement of agents directly or indirectly linked to the EU in the context of land grabbing and industrialization and infrastructure projects, or resulting from development projects and investments launched and financed by the EU, including restitution and compensation, the possibility of return and the guarantee of non-recurrence;
Amendment 148 #
2017/2206(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the EU to ensure that the UN Guiding Principles for Business and Human Rights are fully integrated into the national programmes of Member States and are incorporated in the practices and operations of transnational corporations and business enterprises with European ties;
Amendment 152 #
2017/2206(INI)
15a. Calls on the EU to ensure that all violations of the rights of indigenous peoples by European companies are duly sanctioned, and encourages the EU to withdraw any form of institutional or financial support to any undertakings and enterprises involved in violations of human rights;
Amendment 155 #
2017/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU to set up a grievance mechanism, enforceable using the judicial architecture of the EU and its Member States, whereby indigenous and local communities can lodge complaints regarding violations and abuses of their rights resulting from EU-based business activities or EU development or investment projects, regardless of the country where the violations and abuses occurred, in order to ensure that the victims have effective access to justice, as well as to technical and legal assistance; calls on the EU and the Member States to engage in the negotiations to adopt a legally binding international human rights instrument for transnational corporations and other companies;
Amendment 169 #
2017/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the EU to devise clear rules of conduct and regulatory frameworks for extraterritorial action by companies and investors that fall within its jurisdiction, in order to ensure that they respect the rights of indigenous peoples and local communities and that they can be properly held accountable and sanctioned when their activities result in the violations of those rights;
Amendment 172 #
2017/2206(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Invites the EU and its Member States to integrate the issue of the rights of indigenous peoples and land grabbing in the EU’s implementation process with regard to the Agenda for Sustainable Development 2030;
Amendment 183 #
2017/2206(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the EU and its Member States to support the efforts of indigenous peoples and local communities to develop their own business models and land management;
Amendment 203 #
2017/2206(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Call on the European Commission to develop legislative proposals (and interim practice guidelines) setting out the precise human rights due diligence and other procedural duties to be observed by the EU and its Member States in order to achieve a rights-based approach to development cooperation, including obligations to ensure that prior and independent human rights impact assessments are conducted in relation to EU-funded and Member State-funded development projects that may have an impact on indigenous peoples and other highly land-connected communities;
Amendment 208 #
2017/2206(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the EU to establish the obligation to carry out prior and independent impact assessment studies prior to the conclusion of trade and cooperation agreements and to the implementation of development projects, in order to measure and prevent their deleterious effects on the rights of indigenous and local communities;
Amendment 216 #
2017/2206(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the EU to increase the degree of ambition and endowment of its programmes of support to indigenous peoples and to multiply and strengthen the projects under the EIDHR and the DCI aimed at empowering them and the organizations that defend their rights, as well as the participation of the EU in the international forums where matters relevant to their lives are discussed;
Amendment 219 #
2017/2206(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Exhorts the EU to deepen, expand and strengthen the objectives, priorities and actions concerning indigenous peoples contained in the Strategic Framework and Action Plan for Democracy and Human Rights, and asks for the mandate of the Special Representative on Human Rights to be modulated and empowered to give greater visibility to issues of indigenous peoples rights and their advocates;
Amendment 221 #
2017/2206(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls on the EU and its Member States to engage in dialogue and cooperate with the indigenous peoples and local communities in the Arctic in order to guarantee that their positions and their rights are respected within the framework of EU development policies likely to affect that region;
Amendment 1 #
2017/2085(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC,
Amendment 19 #
2017/2085(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas vulnerable road users such as pedestrians and cyclists need better protection and therefore, the European Commission should present the review of the Pedestrian Protection Regulation within next six months;
Amendment 40 #
2017/2085(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that according to the European Commission statistics, around 25 % of the overall annual traffic fatalities in the EU are caused by the alcohol consumption, and therefore welcomes the zero tolerance policy for drink driving in some Member States;
Amendment 53 #
2017/2085(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that nearly half of all pedestrians and cyclists killed on the roads are aged over 65, and in almost all European countries road accidents are the major cause of death among young people, and therefore calls on Member States to make it possible for older people and young drivers to use the roads safely by developing programmes to avert age- specific risks of accidents;
Amendment 61 #
2017/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that, in 43% of cases, fatal road accidents in urban areas occur to pedestrians and cyclists, and calls on Member States to take greater account of the more vulnerable road users in building and maintaining roads, for example by building more cyclesafe cycle or pedestrian paths, or expanding them;
Amendment 72 #
2017/2085(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Observes that many drivers are not aware of the necessity and how to form a corridor for emergency vehicle access on motorways in order to allow rescue teams to reach the scene of accident and therefore calls on the European Commission to launch a European awareness campaign and urge the Member States to agree on uniform rules on the formation of such corridors;
Amendment 92 #
2017/2085(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that some 952% of all accidents are due to human error or interaction of human error with vehicle and/or infrastructure and that therefore it should be compulsory to incorporate driver assistance systems which promote safety, a requirement that should apply only to those driver assistance systems which improve road safety significantly, as demonstrated by scientific evidence, which have a favourable cost- benefit ratio and which have attained market maturity.;
Amendment 157 #
2017/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the compulsory installation of overridable intelligent speed assistants to indicate speed limits, and calls on Member States to ensure that road signs are kept in excellent condition, and that road markings are clearly legible; Emphasises that for proper working of this intelligent assistant, it is necessary to have updated online road maps with current speed limit indications;
Amendment 165 #
2017/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, due to its relevance to road safety, a lane departure warning system that not only warns but also actively intervenes, albeit without preventing drivers from acting directly, should be made compulsory; Notes that for using this warning system it is necessary that road markings are kept in condition which can be clearly recognizable;
Amendment 178 #
2017/2085(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls for safer front-end design of heavy goods vehicles related to better vision of pedestrians and cyclists as well as for barriers to avoid collisions and mitigate consequences of collisions;
Amendment 194 #
2017/2085(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Observes that tyre pressure has significant implications for road safety and fuel consumption, and calls therefore on the Commission to make it compulsory to install direct tyre pressure monitoring systems, which should come with a safety net that should be able to recognise and alert drivers at least to a critical air pressure of less than 1.5 bar;
Amendment 215 #
2017/2085(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls for updating of the testing requirements for motor vehicle active and passive safety systems, which would take into account not only pedestrians but also cyclists;
Amendment 216 #
2017/2085(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Calls for better fire safety rules for buses and coaches with different type of power, including the CNG powered buses, to maximize the protection of passengers safety;
Amendment 14 #
2017/2067(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Member States’ authorities and the industrial sector must respond to the pressing need to make transport safer, more efficient and sustainable for all road users, including the most vulnerable and people with reduced mobility;
Amendment 21 #
2017/2067(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas Cooperative Intelligent Transport Systems (C-ITS) has the potential to provide more varied and comfortable services to road users and traffic managers, to reduce energy consumption and emissions from road transport, and to enhance economic growth, road safety and traffic efficiency;
Amendment 29 #
2017/2067(INI)
Motion for a resolution
Recital F
Recital F
F. whereas this cooperative element, thanks to digital and 5G gigabyte connectivity, will significantly improve road safety, traffic efficiency and multimodality;
Amendment 30 #
2017/2067(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas connected and automated driving is an important digital development in the sector and co- ordination with all the new technologies used in the sector, such as the European global satellite-based navigation systems GALILEO and EGNOS have now reached a high level of technological capacity;
Amendment 35 #
2017/2067(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the potential of C-ITS to improve fuel efficiency, lowering the cost of individual transport and reducing the negative impact of traffic on the environment;
Amendment 46 #
2017/2067(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the urgent need to establish an ambitious EU strategy that coordinates national and regional efforts, avoids fragmentation and maximises opportunities for road users, workers and businesses;
Amendment 50 #
2017/2067(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that C-ITS technologies and services that have proven their safety benefits should be deployed without further delay; urges the Commission to prioritise the deployment of those C-ITS services that have the highest safety potential as set out in the list of services prepared by the C-ITS Platform in its Phase II Report, and to ensure that these are available on all new vehicles across Europe;
Amendment 52 #
2017/2067(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to present a specific timetable for the introduction of those C-ITS services that have proven their safety benefits, with clear targets for what the EU needs to achieve between 2019 and 2029 in the context of the gradual EU-wide deployment of C-ITS, including a timeline on when different C-ITS services will need to be deployed; in this regard, call on the Commission to clarify which C-ITS services are encouraged, and which ones will be mandatory and by when;
Amendment 75 #
2017/2067(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to give priority to C-ITS services, to achieving the highest safety potential and to drawing up the definitions and requirements which are needed, and to updating and including thee without further delay the European Statement of Principles on Human- Machine Interface (HMI) for In-Vehicle Information and the Communication Systems, as the interaction between the human driver and the machine is important3 ; _________________ 3 The Commission’s (2008) European Statement of Principles on Human Machine Interface for In-vehicle Information and Communication Systems: https://goo.gl/zXSXHe
Amendment 77 #
2017/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the need to provide road users with more choices, more user- friendly, affordable and customised products, and more information; in this regard, encourages the Commission to facilitate the exchange of best practices; urges all Member States to join the C- Roads Platform, as it is intended to play a significant role in implementing the Strategy;
Amendment 85 #
2017/2067(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission to develop comprehensive statistics which complement existing ones, in order to better evaluate the digitalisation progress in different areas of the road sector;
Amendment 89 #
2017/2067(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Highlights the importance of further investment into research into sensor systems to ensure their full cross- border interoperability and potential application beyond safety, such as in remote emission sensing, vehicle dynamics, air quality and congestion;
Amendment 108 #
2017/2067(INI)
13. Points to the importance of the application of high standards of cyber- security, in preventing hacking and cyber- attacks, in all Member States, particularly in light of the critical nature of security of C-ITS communications; notes that cyber security is an essential challenge to be tackled as the transport system becomes more digitised and connected; urges the need to avoid any vulnerability or risk if a vehicle is hacked or subjected to a cyber- attack by means of the development of a common security and certificate policy for C-ITS deployment;
Amendment 130 #
2017/2067(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes note of the mention of the link between connected cars and the European satellite navigation systems, EGNOS and GALILEO, and underlines that vehicles’ capacity to communicate with 5G and satellite navigation systems can be included in the hybrid communication mix at a later stagein the future, as noted in the European Commission’s 5G Action Plan;
Amendment 140 #
2017/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 145 #
2017/2067(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that a truly multimodal transport system should be created, integrating all modes of transport into a single mobility service, allowing people and freight to travel smoothly from door to door and enhancing overall transport efficiency; in this regard calls on the Commission to ensure and promote cooperation and investments at European level on transport industry digitalisation, through existing and new funds, that would provide road users with more choices and would lead to progressive convergence between areas;
Amendment 157 #
2017/2067(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that the Commission rapidly establish an adequate legal framework to achieve EU-wide cross- border interoperability on time; calls on the Commission to publish a legislative proposal on access to in-vehicle data and resources no later than September 2018; recommends that this proposal should guarantee a level playing field for non- monetised access to in-vehicle data for all third-parties in order to protect consumer rights, promote innovation and ensure fair competition on this market, taking into account the conclusions of the Commission’s study on access to in- vehicle data and resources; in this regard, also calls on the Commission to harmonise the conditions for testing and to ensure fast and effective legal integration;
Amendment 164 #
2017/2067(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. underlines that the appropriate regulatory frameworks will need to cover affordability, accessibility and safety issues that arise from this cooperative element between vehicles and between vehicles and transport infrastructure; in this regard, stresses that a level playing field should be created to contribute to the overall development and fulfilment of EU transport policy goals, including modernisation of all urban and rural infrastructures also linked to public transport services;
Amendment 170 #
2017/2067(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance of opening a dialogue with the social partners at an early stage in order to establish an atmosphere of transparency and confidence and ensure that there will be no negative effects on social and employment conditions; notes that a road map for C- ITS deployment has to be established by the eSafety Forum as it has been established and agreed for the eCall system;
Amendment 173 #
2017/2067(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to consider the effects of C-ITS on employment and working conditions; encourages, in this respect, to foster the dialogue with social partners at an early stage and to carry on a comprehensive and in depth analysis to be presented to the European Parliament as soon as possible, of the overall social effects derived from the consequences of transport industry digitalisation, focusing on regulatory oversight and compliance, safety and jobs impact;
Amendment 31 #
2017/2027(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the LAC region has undergone significant changes in the past decade, such as the elevation of a large part of the population to the middle class through social policies and the overall consolidation of democracy, but also the end of the commodities super-cycle that made millions of people vulnerable to falling back into poverty;
Amendment 36 #
2017/2027(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, after a decade of impressive economic growth, the end of the cycle of high prices for raw materials, on which the majority of LAC countries depend, combined with the slowdown in the Chinese economy, which is now their second trade partner after the US, has led to economic stagnation or even recession in various countries in the region, jeopardising much of the progress made and leaving millions of people at risk of falling back into poverty;
Amendment 51 #
2017/2027(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU has also experienced important shifts in the past years, namely the economic crisis, an increase in inequality, the challenges linked to Brexit, the rise in nationalist and populist movements and the return of xenophobic discourses, the refugee crisis, and the significant rise in citizen discontent with political institutions;
Amendment 66 #
2017/2027(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas Latin America and the Caribbean have been systematically relegated to second place when defining the main priorities of the EU’s external policy, despite the obvious cultural and linguistic ties that historically link it to the LAC countries, and despite the need to find new allies in the face of its growing loss of geopolitical influence in the world;
Amendment 79 #
2017/2027(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that in the wake of the economic crisis, the EU and LAC countries are facing common challenges in the areas of sustainable economic growth, digital transformation, social inclusion and gender equality, while at the same time sharing common values such as democracy, human rights, peace and solidarity, and underlines that this partnership and political dialogue, based on common principles and interests in a horizontal relationship, has become crucial to the advancement of the bi- regional and cooperation exchange;
Amendment 94 #
2017/2027(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of the EU-CELAC summits as a strategic bi- regional partnership in a new framework for political dialogue, and calls on the EU and on CELAC to reinforce this partnership and political dialoguewithin the framework of its thematic dialogues and main initiatives, such as the Joint Initiative on Research and Innovation, the Structured Dialogue on Migration and the Coordination and Cooperation Mechanism on Drugs, by working on clearly identified common interests in order to address jointly key global challenges in multilateral fora, such as the United Nations and the G-20;
Amendment 100 #
2017/2027(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its support to regional integration inside the LAC region, and stresses the need for greater coordination between the different regional integration schemes existing in the region, while respecting differences in the pace of integration; stconsiders it vital to incresases the need to speed up negotiations in order to reach an EU- Mercosur agreement that could establish an economic area based on similar trade and investment rules for almost all LAC and EU countri dialogue and cooperation with the main LAC regional organisations, starting with the Organisation of American States (OAS), the Union of South American Nations (UNASUR), Mercosur, the Pacific Alliance, the Andean Community of Nations (ACN), the Central American Integration System (SICA), and the Caribbean Community (CARICOM); stresses the importance of boosting interparliamentary cooperation between the EU and LAC, notably between the European Parliament and the various regional parliaments, with an exchange of political and institutional experience and knowledge; welcomes the dialogue recently launched between Mercosur and the Pacific Alliance with a view to gradual convergence and a gain in scale to match future regional and global challenges;
Amendment 105 #
2017/2027(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the resumption of negotiations on the EU-Mercosur Association Agreement, whose political significance transcends purely economic and trade benefits, as well as the fresh commitment to it shown by the new leaders of Brazil and Argentina; notes that this also reflects a fresh willingness on the part of these countries to intensify relations with the European Union; highlights the need to speed up the negotiations with a view to completing the EU-Mercosur agreement by the end of 2017, as planned by senior figures in both blocs;
Amendment 115 #
2017/2027(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the goal of eradicating poverty and reducing inequality must be addressed through social cohesion and inclusion, and highlights the necessity of widening and consolidating the middle class and, protecting it from the effects of economic cycles and creating conditions ensuring that upward social mobility reflects a genuine structural change and is not merely the result of a temporary increase in purchasing power;
Amendment 122 #
2017/2027(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the need to integrate the LAC economies in global value chains, based on a circular economic model, and to create productive development programmes that will enable these economies to rise in the value chain, as well as to recognise the importance of developing latest-generation bilateral and multilateral commercial agreements; stresses the importance of creating conditions allowing LAC economies to diversify, making them less dependent on raw materials and cyclical variations in their value; highlights the importance of promoting the transfer of scientific and technological knowledge, enhancing human capital and diversifying employment, to which end it is essential to increase investment in education, training and skills;
Amendment 149 #
2017/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the effective inclusion of women in all spheres of political and social life, with a view to enhancing their political participation, strenuously combatting femicides, guaranteeing the physical and psychological security, and employment equality, of women, and ensuring their fundamental rights, including sexual and reproductive rights; deplores the fact that some LAC countries still have inhumane laws criminalising abortion, even in cases of spontaneous abortion, rape, incest, danger to life and serious and fatal foetal impairment, condemning innocent women to completely inappropriate prison sentences for aggravated homicide; calls for the urgent repeal of this cruel legislation;
Amendment 156 #
2017/2027(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the importance of the existence of work and education opportunities for young people, as they embody the future hopes for, and are a key factor in, the continent’s future political stability; encourages further cooperation in the form of bilateral university participation, knowledge exchange and international mobility between EU and LAC students, notably through boosting the Erasmus + programme as part of the higher-education partnership with CELAC, launched in 2015; points out the need to advance full and mutual recognition of university degrees and to strengthen bi- regional cooperation in the quality and accreditation system;
Amendment 168 #
2017/2027(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the advances in freedoms and social rights made in the last decade, and the great efforts made to elaborate public policies to ambitious programmes for the equitable redistributeion of wealth and economic growth equally, with spending on social policies rising from 5% of 19% of the total economy, making a decisive contribution to lifting almost 60 million Latin Americans out of poverty in the past 15 years; notes the necessity to guarantee the rights and safety of religious minorities, indigenous groups, the LGTBI community and populations in rural areas;
Amendment 172 #
2017/2027(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the need to guarantee the rights and safety of religious minorities and the LGTBI community; urges LAC governments to pass laws and take measures capable of protecting human rights defenders and journalists against the persecution, threats, defamation campaigns, arbitrary arrest, torture, forced disappearance and murder of which they are frequently the target; calls for the rights and interests of indigenous peoples and populations in rural areas to be safeguarded in the face of development projects with a major environmental impact and the operations of extractive industries, implementing prior consultation and consent mechanisms in such cases;
Amendment 176 #
2017/2027(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Welcomes the progress made in the consolidation and stabilisation of democracies, which has made it possible to strengthen the rule of law, promote a culture of plurality and free debate on differing ideas, stimulate the growing independence of civil society and the development of social activism, boost citizens’ awareness of the need to demand greater transparency and accountability from those holding public office, and create a climate of maturity that plays a major part in maintaining and stabilising wealth-redistribution policies even when the natural alternation of government occurs and power passes to political forces inspired by a different ideology;
Amendment 178 #
2017/2027(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Notes with great concern the increase in episodes of violence involving indigenous LAC communities, deplores the repeated violations of their rights, murders, attacks and sexual abuse of which they become targets when they find themselves on a collision course with interests linked to agri-business, raw- material extraction, deforestation and large-scale development projects; deplores the fact that many indigenous communities live in extreme poverty, without access to their ancestral lands, and are confined to small strips of territory sandwiched between agro- industrial farms, where they are vulnerable to reprisals by private security agents and mercenaries; calls for their human, social and cultural rights to be respected and for pending processes aimed at the demarcation of their territories to be unblocked and completed;
Amendment 187 #
2017/2027(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the challenges both regions face in terms of security, which include terrorism and the fight against drug trafficking and organised crime, and encourages continued efforts to strengthen security cooperation through police and military coordination and the exchange of information; points out that the fight against drug and arms trafficking, trafficking in human beings, fraud and money laundering and cybercrime are the main common challenges in the area of organised crime;
Amendment 191 #
2017/2027(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the EU to strive to support LAC countries suffering endemic violence, with unacceptable rates of homicide, extrajudicial execution and forced disappearances, since without security there can be no genuine prosperity, dignity and happiness; urges LAC countries to take steps to put an end to prison overcrowding and improve prison conditions, to guarantee that the physical and psychological integrity of detainees is safeguarded, to investigate and punish torture and ill-treatment and to promote the more human treatment of prisoners so as to prevent the mutinies that regularly occur in prisons and that result in loss of life;
Amendment 193 #
2017/2027(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Draws attention to the challenges that both regions face in relation to refugee flows, and highlights the need to respect the right of asylum and to protect those fleeing violence, regardless of whether that violence stems from armed conflicts, persecution for ethnic and religious reasons or organised crime, and to make provision not only for their reception in decent conditions but also for their subsequent social integration; draws attention to the alarming number of internally displaced people in Latin America as a result of the violence committed by criminal organisations and groups, particularly in Central America, where the number of people affected is in the hundreds of thousands;
Amendment 205 #
2017/2027(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for further cooperation in environmental issues, a major mutual interest, with special emphasis on the energy transition and decarbonisation process, which will have an impact on the economies of both regions; highlights the need to support research on and the deployment of renewable energies, the protection of nature, and policies to address the causes and consequences of climate change in a region that is acutely affected by its effects, taking into account the rights of local and indigenous communities in areas where natural resources are extracted; notes that Latin America now has 28% of the potentially cultivable new land and its population is growing constantly, which is placing increased environmental pressure on these countries; points out that various government policies have encouraged more sustainable and ecosystem-friendly farming;
Amendment 208 #
2017/2027(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points out that LAC countries are the third destination for EU direct investment; draws attention to the need to make multinational companies legally responsible whenever their operations in LAC and EU countries result in human rights abuses; calls, in this context, on all LAC and EU countries to make a decisive contribution towards ensuring that their companies adopt the UN Guiding Principles on Business and Human Rights; notes that the EU has added responsibility in relation to companies based in Europe or that are branches of or are owned by companies whose activity involves human rights abuses;
Amendment 218 #
2017/2027(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of the opening of negotiations for the modernisation of the EU-Mexico Global Agreement, the progress made in the negotiations for the modernisation of the EU-Chile Association Agreement, and the speeding up of the EU-Mercosur negotiations, and calls for the ratification of the EU-Central America Association Agreement by all national parliaments of the EU Members States; highlights the importance of association and free trade agreements between the EU and LAC countries in intensifying cooperation and solidarity between the two regions, provided that the conditions are in place to ensure that the prosperity and wealth created by those agreements benefits the whole of society; considers such agreements to be vital in order to incorporate rules into globalisation and counter the negative effects that it also entails, as well as to counter the hyper- protectionist practices that create imbalances and asymmetries; takes the view, therefore, that such agreements have a political significance that transcends their purely economic and trade benefits;
Amendment 229 #
2017/2027(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the vital importance of systematically including rules on corporate responsibility and clauses safeguarding human rights and social rights in association, trade and investment agreements between the EU and LAC countries;
Amendment 235 #
2017/2027(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Deplores the serious political and economic crisis facing Venezuela, the shortage of food and medicines, the climate of extreme polarisation in Venezuelan society and the violence that has now become part of everyday life for the Venezuelan people; condemns the criminalisation of diverging opinions and the arbitrary imprisonment of members of the opposition, some of whom are linked by nationality to EU countries, the constant attempts to hijack the powers of the legitimately elected National Assembly and the repeated attacks on the principle of the separation of powers; calls for the release of political prisoners and a national dialogue, for the independence of powers to be fully respected and the electoral calendar to be complied with; pledges to continue to work with the aim of contributing to dialogue and national reconciliation;
Amendment 242 #
2017/2027(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its support to the peace process in Colombia, which is decisive for the future of Colombians and for stabilisation in the region of which this country is a part, and undertakes to support the Colombian Government in its implementationing the historic agreement with the FARC, ensuring involvement of the whole of Colombian society, notably victims and civil society organisations, and guaranteeing the safety and protection of human rights activists and community leaders; urges the EU and its Member States to uphold their political and financial support, including the EU Trust Fund for Colombia, and supports the role of VP/HR’s Special Envoy for Colombia; urges the government and Colombian society to endeavour to bring the negotiations on an equally ambitious peace process with the ELN – National Liberation Army – to a successful conclusion;
Amendment 50 #
2017/0288(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts. For this reason, the regulatory body should be able toan objective analysis should be made of the structural and geographical charry out an objective economic analysis to ensure that this is the case. acteristics of the market and the networks concerned, and in particular their size, demand, characteristics, the complexity of the works network, technical and geographical isolation, and the services covered by the contract, and account should also be taken of whether the new service brings better quality services and/or more value for money compared with the previous public contract.
Amendment 63 #
2017/0288(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms. Where territorial balance and social cohesion are compromised, public service operators should have priority access. Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.
Amendment 74 #
2017/0288(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium and rights of a public service contract. A distance threshold should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.
Amendment 131 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 11 a (new)
Article 2 – paragraph 11 a (new)
11a. ‘alternative route’ means a route between the same starting point and destination taken by another existing regular service that can be used instead.
Amendment 187 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 1
Article 5 a – paragraph 2 – subparagraph 1
Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals, with preference being given to public service operators where territorial balance and social cohesion are compromised.
Amendment 191 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 1073/2009
Article 5 a – paragraph 2 – subparagraph 2
Article 5 a – paragraph 2 – subparagraph 2
Requests for access to terminals may be refused only on the grounds of lack of capacity, or for security and service reasons. If a request is refused, the terminal operator shall inform the regulatory authority of its decision.
Amendment 251 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 1073/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (de) of Article 8c(2).
Amendment 276 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 2
Article 8 a – paragraph 2
2. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2).
Amendment 284 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
Article 1 – paragraph 1 – point 11 Regulation (EC) No 1073/2009
3. The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment, for informationwithin two weeks of receipt of the application, with a request for their agreement.
Amendment 285 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 a (new)
Article 8 a – paragraph 3 a (new)
3a. If one of the competent authorities does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply.
Amendment 288 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 b (new)
Article 8 a – paragraph 3 b (new)
3b. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned.
Amendment 290 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 c (new)
Article 8 a – paragraph 3 c (new)
3c. The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.
Amendment 308 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
Article 8 b – paragraph 2
2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(de).
Amendment 315 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
3a. Before starting to operate the service, the authorised carrier shall prove it has an effective and stable establishment in the state in which the service is to be provided, in accordance with Articles 3 and 5 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council.
Amendment 325 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2 – point c a (new)
Article 8 c – paragraph 2 – subparagraph 2 – point c a (new)
(ca) the applicant has requested authorisation for a regular service to run on the same route, or via a different route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract;
Amendment 327 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2 – point d
Article 8 c – paragraph 2 – subparagraph 2 – point d
(d) a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract. That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services and/or more value for money compared with the public contract awarded previously.
Amendment 359 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5
Article 8 d – paragraph 5
Amendment 364 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5 a (new)
Article 8 d – paragraph 5 a (new)
5a. Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council, protection of those exclusive rights shall apply only to the operation of public passenger transport services providing services on the same routes or on alternative routes. This shall not prevent the authorisation of new regular services operating on other routes.
Amendment 367 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5 b (new)
Article 8 d – paragraph 5 b (new)
5b. Member States may limit the right of access to the international and national market for regular services if the proposed regular service meets the needs of an urban or suburban centre or conurbation, or the needs for transport between it and the surrounding areas.
Amendment 378 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
Article 15 – point c
(c) regular services performed in accordance with this Regulationby a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation, with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall be carried out in the course of that international service, and shall not affect public service contracts.
Amendment 386 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1073/2009
Article 17
Article 17
(17) Article 17 is deleted; amended as follows: Control documents for cabotage operations 1. Cabotage transport operations in the form of occasional services shall be carried out under cover of a journey form, on paper or in digital format – accessible directly and in real time – which shall be presented at the request of authorised inspectors. 2. The following information shall be entered in the journey form: (a) the points of departure and arrival of the service; (b) the dates on which the service begins and ends. 3. The journey forms shall be supplied in books as referred to in Article 12, certified by the competent authority or agency in the Member State of establishment. 4. In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document, whether on paper or in digital format. However, a journey form shall be filled out in the form of a monthly statement. 5. During checks, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the requested documents.
Amendment 56 #
2017/0237(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council24 . Iin order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular. In view of these amendments and in the interests of clarity, that Regulation should1371/2007 should therefore be recast. _________________ 24 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 64 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 77 #
2017/0237(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 78 #
2017/0237(COD)
Amendment 81 #
2017/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey. Whenever possible, railway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 91 #
2017/0237(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automatically precluded, provided that they are proportionate and independent of the nationality of the persons concerned.
Amendment 95 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trainand providing adequate capacity for the carriage of bicycles on board all types of trains, including on long-distance services and cross-border journeys.
Amendment 103 #
2017/0237(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets. In this respect, wthenever possibley should also cooperate with ticket vendors providing combined journeys.
Amendment 113 #
2017/0237(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) People with reduced mobility often face problems in the recognition of their condition outside their Member State of origin. Proof of incapacity for a person with reduced mobility should be recognised as valid for tariff purposes in all Member States.
Amendment 115 #
2017/0237(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) The accessibility of persons with reduced mobility to rail transport must be progressively guaranteed on all types of trains. Even in the case of rail services which are already accessible, transport conditions must be significantly improved, since the number of seats available for people with reduced mobility is often less than 1% of the total, which is clearly insufficient and restricts freedom of movement.
Amendment 124 #
2017/0237(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the event of delay, passengers should be provided with continued or re- routed transport options under comparable transport conditions. The needs of persons with disabilities and persons with reduced mobility should, in particular, be taken into account in such an event.
Amendment 131 #
2017/0237(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of the Court of Justice of the European Union in Case C 509/111a (ÖBB- Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. _________________ 1a Case C-509/11, ÖBB-Personenverkehr AG (EU: C2013:613).
Amendment 133 #
2017/0237(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation should not restrict the rights of railway undertakings to seek compensation where applicable from any person, including third parties, in accordance with applicable national lawfor meeting their obligations under the provisions of this Regulation to passengers.
Amendment 135 #
2017/0237(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 138 #
2017/0237(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures. Passengers should be able to complain to those bodies about alleged infringements of the Regulation. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other. , and to provide the option for passengers of binding alternative dispute resolution, in line with Directive 2013/11/EU1a. Passengers should be able to complain to those bodies about alleged infringements of the Regulation, and to use online dispute resolution established under Regulation 524/2013/EU1b where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other and the Regulation should continue to be listed in the Annex to the revised Consumer Protection Cooperation Regulation 2017/2394/EU 1c. Enforcement bodies shall each year publish reports on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions. In addition, these reports shall be made available on the website of the European Union Agency for Railways. _________________ 1aDirective 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14). 1bRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p.1). 1cRegulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 140 #
2017/0237(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher.
Amendment 141 #
Amendment 142 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following:
Amendment 146 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 149 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 151 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 152 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
Amendment 154 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 155 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to all domestic and, cross-border or international rail passenger journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council29 . _________________ 29 OJ L 343, 14.12.2012, p. 32operating, stopping, travelling, departing or arriving within the territory of the Union.
Amendment 156 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 179 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 180 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 192 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets, through-tickets or combined journeys on behalf of aone or more railway undertakings or for its own account;
Amendment 196 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
Amendment 203 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings, forming part of an end-to- end journey;
Amendment 205 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract;
Amendment 212 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘missed connection’ means a situation where a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services;
Amendment 213 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘ person with disabilities ’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical , mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age;
Amendment 220 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings, tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence, or the place of establishment of the railway undertaking, tour operators or ticket vendor within the Union.
Amendment 221 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011, whether assembled or not, free of charge on board the train, all new or refurbished rolling stock shall include an appropriate designated space for the carriage of assembled bicycles.
Amendment 232 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 233 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Railway undertakings, tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation.
Amendment 234 #
2017/0237(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 235 #
2017/0237(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 , and in good time before their implementation, decisionproposals to discontinue or substantially reduce services either permanently or temporarily, and shall ensure that those proposals are subject to meaningful and proper consultation before any implementation takes place. _________________ 31 Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 241 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 250 #
2017/0237(COD)
2. Railway undertakings and, where possible, tour operators and ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 261 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies and in writing where possible. Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats shall be clearly advertised.
Amendment 283 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors shall offer tickets and, where available, through-tickets and reservations, through-tickets, reservations and combinations of tickets that provide the most optimal and cost-effective journey or combined journey, including cross- border, in an impartial and non- discriminatory manner. They shall make all possible efforts to offer through-tickets, including for journeys across borders andor involving night trains and journeys with more than one railway undertaking.
Amendment 291 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings, tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale:
Amendment 298 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
Member States may provide that railway undertakings, tour operators and ticket vendors shall provide tickets for services provided under public service contracts through more than one point of sale.
Amendment 304 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial groundsspace or seat availability.
Amendment 305 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Tickets shall be reprinted for passengers on the day of travel on request, either at the ticket office or through a ticketing machine. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket office or ticket machine is not fully accessible passengers shall be informed at the station:
Amendment 314 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra costTickets bought on board the train shall not cost more than the relevant standard fare for the journey concerned with any applicable discounts.
Amendment 328 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 344 #
2017/0237(COD)
1. Where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 6045 minutes, the passenger shall immediately have the choice between one of the following :
Amendment 358 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking, tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 369 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
Amendment 377 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
Amendment 388 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may requestshall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements.
Amendment 393 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service, ticket or combined journey. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey. In the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price.
Amendment 395 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 403 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation to the railway undertaking, tour operator or ticket vendor. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
Amendment 407 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4 per ticket5.
Amendment 408 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The passenger shall not have any right to compensation if the isy are informed of a delay before he buysbuying a ticket, or if a delay due to continuation on a different service or re-routing remains below 6045 minutes.
Amendment 412 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 428 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 431 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 433 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost;
Amendment 438 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 441 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 445 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Railway undertakings shall, at the request of the offer to certify for affected passenger, certifys on their ticket or by any other means that the rail service has suffered a delay, led to a missed connection or that it has been cancelled, as the case might be.
Amendment 451 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.;
Amendment 457 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Without prejudice to this Article or Articles 16 and 17, in the case of a missed connection due to the delay or cancellation of a train on an earlier leg of the journey or combined journey the passenger should be allowed to take the next service enabling them to reach their destination station in the most convenient reasonable manner.
Amendment 459 #
2017/0237(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking’s right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
Amendment 460 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 464 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Railway undertakings shall ensure that each train has a minimum of 10% of seats accessible to persons with reduced mobility.
Amendment 465 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Proof of incapacity issued by a Member State shall be valid in the other Member States of the Union. A railway undertaking, ticket vendor or tour operator may not refuse to issue a special fare ticket to a citizen who provides proof of incapacity issued by a Member State.
Amendment 475 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 481 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). Any booking of assistance shall always be free of charge, irrespective of the method of communication used.
Amendment 498 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. AWithout prejudice to paragraph 3 of this Article, assistance shall be available in stations during all times when rail services operate.
Amendment 515 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 527 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time orthemselves at the designated point at the time at which all passengers are asked to check in.
Amendment 535 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogservice animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage.
Amendment 538 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be equal to the cost of replacement orpaid within one month of submission of a claim and be equal to the cost of replacement based on the actual value, or on the full costs of repair, of the equipment or devices lost or damawheelchair, equipment, devices lost or damaged or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passengedr.
Amendment 548 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 551 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 560 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 563 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 567 #
2017/0237(COD)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 568 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 577 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 0500 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility. They shall make their contact details and working language(s) widely known to passengers.
Amendment 580 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway stationstation manager or infrastructure manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receivsubmitting the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 581 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be accessible to persons with disabilities and with reduced mobility. This information shall be made freely available in writing upon request in the domestic language of the railway undertaking.
Amendment 588 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a bodyMember States shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this Regulation.
Amendment 592 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The national enforcement bodies shall publish statistics on their activityeach year publish reports with statistics on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including onthe sanctions applied, every year, at the latest at the end of April of the following calendar year. that they have applied. This shall be done for each year by no later than the first day of April of the succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 594 #
2017/0237(COD)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results in accessible formats.
Amendment 597 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council32, after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on and effectively enforceable against them. _________________ 32 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14).
Amendment 599 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers.
Amendment 600 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation 524/2013/EU1a may be made available with the agreement of all parties involved. _________________ 1aRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p.1).
Amendment 602 #
2017/0237(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.
Amendment 607 #
2017/0237(COD)
Proposal for a regulation
Annex II – title
Annex II – title
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS, TOUR OPERATORS AND TICKET VENDORS
Amendment 609 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 1
Annex II – part I – indent 1
- General conditions applicable to the contract or contracts that form part of the journey or combined journey
Amendment 611 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 2
Annex II – part I – indent 2
- Time schedules and conditions for the fastest trip and best connections
Amendment 614 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 3
Annex II – part I – indent 3
- Time schedules and conditions for the lowest and all available fares
Amendment 615 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 5
Annex II – part I – indent 5
- Access conditionarrangements for bicycles
Amendment 616 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 6
Annex II – part I – indent 6
- Availability of seats in for all applicable fares in non-smoking (and non-, where applicable, smoking), first and second class as well as couchettes and sleeping carriages
Amendment 620 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 8
Annex II – part I – indent 8
- Availability of on-board services, including wifi and toilets
Amendment 621 #
2017/0237(COD)
Proposal for a regulation
Annex II – part II – indent 1
Annex II – part II – indent 1
- On-board services, including wifi
Amendment 624 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
- percentage of delays of less than 6045 minutes;
Amendment 626 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
- percentage of delays of 60-1145-89 minutes;
Amendment 628 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 3
- percentage of delays of 1290 minutes or more;
Amendment 630 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
(vii) provision of useful information throughout the journey, including in relation to wifi and other on-board services;
Amendment 631 #
2017/0237(COD)
Proposal for a regulation
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
(vii) accessibility of station and station facilities. , including step-free access, escalators, elevators and luggage ramps.
Amendment 632 #
2017/0237(COD)
Proposal for a regulation
Annex IV – paragraph 1
Annex IV – paragraph 1
In complex cases such as cases involving multiple claims or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a ‘lead’ body, which shall serve as single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint (including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents). Passengers shall be informed which body is acting as ‘lead’ body. In addition, in all cases, national enforcement bodies shall in any event ensure compliance with Regulation 2017/2394/EU 1a of the European Parliament and of the Council. _________________ 1aRegulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, OJ L 345, 27.12.2017.
Amendment 633 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
ANNEX Va DISABILITY-RELATED TRAINING SPECIFICATIONS (a) Disability-awareness training Training of all staff, including those employed by any other performing party, includes: - awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation, or communication may be reduced, - barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers, - service animals, including their role and needs, - dealing with unexpected occurrences, - interpersonal skills and methods of communication with deaf people and people with hearing impairments, people with visual impairments, people with speech impairments, and people with a learning disability, - how to handle wheelchairs and other mobility aids carefully so as to avoid damage (if any, for all staff who are responsible for luggage handling); (b) Disability-assistance training Training of all staff, including those employed by any other performing party, directly assisting disabled persons and persons with reduced mobility includes: - how to help wheelchair users make transfers into and out of a wheelchair, - skills for providing assistance to disabled persons and persons with reduced mobility travelling with a service animal, including the role and the needs of these animals, - techniques for escorting visually impaired passengers and for the handling and carriage of service animals, - an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and a knowledge of how to handle such an equipment, - the use of boarding and alighting assistance equipment used and knowledge of the appropriate boarding and alighting assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility, - understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled passengers to experience feelings of vulnerability during travel because of their dependence on the assistance provided, a knowledge of first aid.
Amendment 42 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimumlegal harmonisation and a greater level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of, it is necessary to apply common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatorylso to vehicles with a permissible laden mass of 2.5 to 3.5 tonnes.
Amendment 93 #
2017/0123(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles with a permissible laden mass not exceeding 32.5 tonnes or with combinations of vehicles not exceeding that limitand less than 3.5 tonnes should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 315 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within twelven working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 319 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18– paragraph 5
Article 18– paragraph 5
5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within twelven working days, with reasons. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. In the event of any persisting problem in the exchange of information, or of a permanent refusal to supply information, the Commission, having been informed, may take the measures necessary to remedy the situation, including, if appropriate, consulting the Member State in question or issuing a recommendation.
Amendment 396 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage.’;
Amendment 414 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
‘National rRoad haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage.’;
Amendment 68 #
2017/0122(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
4a. With a view to ensuring a European-wide level playing field, this Regulation should apply to all vehicles with a permissible laden mass exceeding 2.5 tonnes engaged in international transport.
Amendment 322 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 - paragraph 8 a
Article 8 - paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, withsuitable accommodation and not in the vehicle. To this end, the driver must be guaranteed adequate sleeping and sanitary facilities and safe parking facilities;
Amendment 366 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 - paragraph 8 b
Article 8 - paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threefour consecutive weeks.";
Amendment 97 #
2017/0121(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflectingwhich take into account the particularity of the highly mobile workforce in the road transport sector and providinge a balance between the social protection of drivers and the freedom to provide cross-border services for operators. To that end, cabotage operations should be regulated in such a way as to prevent them from being used to distort competition. International transport and transit operations are governed by the principle of freedom of movement, as established in the Treaties, and therefore fall outside the scope of application of rules on posting.
Amendment 112 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) SuchThe balanced criteria between promoting the social rights of workers in the road haulage transport sector and the pursuit of freedom of movement of people and goods should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)to cabotage operations.
Amendment 211 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1a – subparagraph 2
Article 8 – paragraph 1a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 102 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 268 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar monthr transit operations.
Amendment 310 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 452 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a - point vi
Article 2 – paragraph 4 – point a - point vi
Amendment 51 #
2017/0116(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The issue of ensuring fair competition also includes respect for and adherence to workers' rights including but not limited to the standards of the International Labour Organization, agreed environmental and health and safety standards and rules for the benefit of passengers;
Amendment 92 #
2017/0116(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the conduct of investigations by the Commission and on the adoption of redressive measures, relating to violation of applicable international obligations and to practices affecting competition between Union air carriers and other air carriers and causing or threatening to cause injury to Union air carriers and dependent industries.
Amendment 104 #
2017/0116(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'third country entity' means any natural or legal person, whether profit- making or not, or any official body with or without own legal personality, which is under the jurisdiction of a third country, whether controlled by a third country government or not, and is directly or indirectly involved in air transport services or related services or in providing infrastructure or services used to provide air transport services or related services, including joint ventures and alliances among carriers;
Amendment 107 #
2017/0116(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) 'practices affecting competition' means discrimination and subsidi, subsidies and breach of labour standards as established and defined by the International Labour Organization, as well as breaches of any other relevant internationally agreed standards such as on environmental, health and safety or passenger rights issues;
Amendment 111 #
2017/0116(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(i a) "dependent industries" means services employed for the direct provision of air transport services, including services relating to airport facilities, computer reservation systems, air ticket distribution, search services, charges, and the use of other facilities or services employed for the operation of air transport services.
Amendment 171 #
2017/0116(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) whether a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned and to dependent industries.
Amendment 238 #
2017/0116(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The redressive measures referred to in paragraph 3 shall be theany measures provided for by the act containing the applicable international obligations or available or justifiable under relevant rules and principles of public international law.
Amendment 31 #
2017/0015(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Member States should be provided with a clear option to improve and moder, modernise and harmonise training practices with the use of ICT tools, such as e-learning and blended learning, for part of the training, while ensuring the quality of the training.
Amendment 32 #
2017/0015(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) In order to increase flexibility and choice, and drawing attention to differences in individual qualification levels, Member States should have the right to choose between two alternative national implementation approaches to the initial qualification of drivers listed in Annex I, namely either participation in the course and a shorter test, or only a longer test.
Amendment 33 #
2017/0015(COD)
Proposal for a directive
Recital 8
Recital 8
(8) To ensure consistency between the different forms of training required under Union law, Member States should be provided with the possibility to combine different types of relevant training, such as training on the transport of dangerous goods, on disability awareness or on animal transport, with the training provided for in Directive 2003/59/EC, and also regarding heavy goods transport and transport during unfavourable weather conditions.
Amendment 38 #
2017/0015(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to avoid the risk of different interpretations of the concept of non-commercial passengers or goods transport, it should be interpreted according to the unitary definition provided by the CJEU case-law.
Amendment 41 #
2017/0015(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Since the objective of this Directive, namely the improvement of the EU-wide standard of initial qualification and periodic training for drivers of certain road vehicles for the carriage of goods or passengers, cannot be sufficiently achieved by the Member States but can rather, by reason of the cross-border nature of road transport and of the issues this Directive is intended to address, be better achieved at Union level, the Union may adopt unitary measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 49 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 2003/59/EC
Article 2 – point g a (new)
Article 2 – point g a (new)
(ba) the following point (ga) is added: (ga) vehicles operating within a radius of 100 kilometres of their base, provided that driving the vehicle is not the driver's principal activity;
Amendment 53 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2003/59/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
Periodic training shall consist of training to enable holders of a CPC to update the knowledge which is essential for their work, with specific emphasis on road safetyfor at least one day on road safety, health and safety at work, and the rationalisation of fuel consumption.;
Amendment 56 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/59/EC
Article 10 – paragraph 1 – subparagraph 1 – indent 1
Article 10 – paragraph 1 – subparagraph 1 – indent 1
- either on the driving licence,
Amendment 58 #
2017/0015(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/59/EC
Article 10 – paragraph 1 – subparagraph 1 – indent 2
Article 10 – paragraph 1 – subparagraph 1 – indent 2
- orand on the driver qualification card drawn up in accordance with the model shown in Annex II.
Amendment 62 #
2017/0015(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b a (new)
Article 2 – paragraph 1 – point 1 – point b a (new)
Directive 2006/126/EC
Article 4 – paragraph 4 – point h
Article 4 – paragraph 4 – point h
(b a) point (h) is amended as follows: " Category D1: motor vehicles designed and constructed for the carriage of no more than 22 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; "
Amendment 69 #
2017/0015(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point a – point d (new)
Annex I – paragraph 1 – point 1 – point a – point d (new)
Directive 2003/59/EC
Annex 1 – Section 1.3 b (new)
Annex 1 – Section 1.3 b (new)
1.3 a. the following point is added: Objective: to adapt the professional training of professional drivers to their profile: practical training of professional drivers should highlight the thematic areas related to transport, road safety and occupational health and safety, the improvement of digital knowledge and skills, and the teaching of ecological driving methods. The content of the training must correspond to the individual training needs of drivers for their work profile.
Amendment 83 #
2017/0015(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point c
Annex I – paragraph 1 – point 1 – point b – point c
Directive 2003/59/EC
Annex I – Section 4 – paragraph 1
Annex I – Section 4 – paragraph 1
Compulsory periodic training courses must be organised by an approved training centre. Their duration must be of 35 hours every five years, given in periods of at least seven hours. Such periodic training may be provided, in part, on top-of-the- range simulators and by use of information and communication technology tools such as e-learning, while ensuring the quality of the training. The maximum hours of e- learning training shall be 10. At least one of the seven hourtraining courses periods shall cover a road safety related subject. The content of the training shall take into account training needs specific to the transport operations carried out by the driver and relevant legal and technological developments. The seven hour periods shall cover different subjects.
Amendment 86 #
2017/0015(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b – point c
Annex I – paragraph 1 – point 1 – point b – point c
Directive 2003/59/EC
Annex I – Section 4 – paragraph 2 (new)
Annex I – Section 4 – paragraph 2 (new)
Completed specific training as required under other Union legislation may count as one of the seven hour periods. This includes, but is not restricted to, training required under Directive 2008/68/EC for driving of dangerous goods, training on animal transport under Regulation (EC) 1/2005, and for the carriage of passengers training on disability awareness under Regulation (EU) 181/2011.;
Amendment 6 #
2016/2305(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Agrees that deployment of 5G networks is a necessary condition for the development of existing and new business models in the transport and tourism sectors; underlines that effective use of the potential of very high-capacity internet networks is key to the process of digitisation of transport and tourism services and the wide use of innovative means of transport for people and goods, such as increasingly connected and autonomous vehicles or drones; notes that 5G networks could also contribute to develop new entertainment models, hence diversify the EU tourism offer making it more attractive;
Amendment 27 #
2016/2305(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that progress in the building of the European Gigabit Society can only be made with appropriate high levels of investment in network infrastructure in all the Member States; doubts whether financing models based only or primarily on investment funds will help fill existing gaps in the level of development of network infrastructure, and even out differences in the availability of high-capacity internet connections in border and outlying areas, as well as in non-urban areas; emphasizes the need to find incentives not just for the supply side, but also for the demand side to increase citizens' interest in transport & tourism services over 5G and fostering take-up;
Amendment 48 #
2016/2305(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes the benefits of combining projects and plans to build new network infrastructure in the 5G standard with the already planned construction and modernisation of road and rail routes within the EU; agrees that such rational combining of construction works will help to save resources and speed up the building of the necessary high-speed infrastructure; notes the potential of development of more specified infrastructure services in EU cities (smart traffic with real time information, parking, toll systems);
Amendment 53 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that once networked, vehicles are consistently safer (fewer accidents), greener (less emissions) and contribute to more predictable travel patterns; therefore supports the idea of introducing an EU-wide target, for all vehicles available on the EU market, to become 5G enabled and to feature on- board ITS equipment; strongly supports the goal of 5G enabling base-station networked ambulances and other emergency vehicles (police cars, fire engines) for ongoing and uninterrupted coverage during interventions;
Amendment 60 #
2016/2305(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Strongly supports efforts towards ensuring access to the 5G network in public transport facilities and vehicles, at major touristic places and attractions, in transport hubs and on all major transport routes by 2025; notes the important role of internet technology for the development of multimodal, user-friendly and safe infrastructure and transport services; highlights the need for taking into account all the interacting elements from a variety of sectors, such as electronics, telecoms, transport and tourism;
Amendment 22 #
2016/2274(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that innovation in the transport and tourism sector provides enormous opportunities for EU businesses and insists on the need to develop new standards, where possible with a cross- domain approach, and uphold standardisation in order to ensure the proper implementation of EU initiatives in the field of digitalisation; considers that standards and common specifications is a clear requirement among others for the deployment of connected cars which could interact not only with the road infrastructure but also with other vehicles and devices (VtX model);
Amendment 36 #
2016/2274(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that ICT standardisation will be beneficial for the development of transport and tourism-related services; calls on the Commission to attach greater importance to this development when implementing its priority action plan for ICT standardisation, and to take swift action to promote interoperable solutions, such as the development of integrated and smart ticketing and new mobility concepts such as Mobility-as-a- Service;
Amendment 44 #
2016/2274(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that, due to the international nature of transport and tourism, global competition and involvement of the main global powers in this matter, the development of international standards is indispensable both to ensure interoperability and to broaden market opportunities for the EU industries; calls on the Commission to actively continue promoting the development of European standards at international fora;
Amendment 5 #
2016/2271(INI)
Draft opinion
Recital A
Recital A
A. whereas digitalisation creates new opportunities in the transport and tourism sectors for manufacturers, operators, investors and passengers and is a necessity for the transport and tourism industryies to remain both competitive and operational;
Amendment 19 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication on Digitising European Industry, but regrets that, as its focus on the transport sector is limited to connected and automated driving, it does not address sufficiently all existing challenges; recalls that, although connected and automated driving is one of the most exciting digital transformations in the sector, there is potential for digitalisation in all modes of transport and tourism, and also throughout the value chain from manufacturers to passengers where results can be expected in the near future;
Amendment 35 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the digitalisation process has not been beneficial to the same extent throughout the transport and tourism sectors, which has created a detrimental fragmentation within the internal market both between different modes of transport and within the same mode; believes that developing a coordinated Industrial Digitalisation Strategy (IDS) for the EU could help overcome this fragmentation;
Amendment 78 #
2016/2271(INI)
Draft opinion
Paragraph 3 – point h
Paragraph 3 – point h
(h) foster the attractiveness of the tourism sector and creative industries;
Amendment 80 #
2016/2271(INI)
Draft opinion
Paragraph 3 – point h a (new)
Paragraph 3 – point h a (new)
(ha) create room for additional job creation;
Amendment 96 #
2016/2271(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Supports the idea to further develop digital innovation hubs across the EU, where new competence centres and cluster partnerships could be created, among others in the transport and tourism sectors;
Amendment 98 #
2016/2271(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights the need to have a cross-sectorial vision, for instance between electronics, telecoms, transport and tourism;
Amendment 106 #
2016/2271(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that digitisation is not just a technological issue, but it has wider social, work and economic implications; highlights therefore the need for a massive up-skilling of the workforce at all levels, in the transport and tourism sectors, focusing on new multidisciplinary and digital skills;
Amendment 1 #
2016/2148(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the significant contribution made by the European Structural and Investment Funds (ESI funds) to the construction of an efficient and safe European transport network; Stresses the importance of synergies between the various funds;need for better synergies in implementing EU funds to promote combined funding and to increase the leverage effect of EU financial instruments in the transport sector. Draws the attention to the possibility of establishing joint monitoring committees to strengthen the synergies between the ESI Funds, the Connecting Europe Facility, the European fund for strategic investments and the H2020 program in the transport sector.
Amendment 18 #
2016/2148(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that ESI funds should focus on sustainable transport infrastructures. Underlines that Sustainable Urban Mobility Plans play a significant role in implementing ESI funds and achieving objective 4 of the Common Strategic Framework (CSC), "Supporting the shıft towards a low- carbon economy in all sectors".
Amendment 19 #
2016/2148(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to earmark appropriate funding for sustainable urban mobility under the European Regional and Development Fund.
Amendment 48 #
2016/2148(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to take into account the main features of long- term investments in transport infrastructures. Underlines that investments in sustainable transport infrastructures require a substantial public intervention and might be less attractive for the private sector as they yield too low or uncertain return on investment.
Amendment 49 #
2016/2148(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls that the leverage effect of the EU financial instruments is very low, or non-existent in the transport sector. Therefore, stresses that grants are the most appropriate instruments for supporting transport infrastructures under ESI funds.
Amendment 51 #
2016/2148(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that funds allocated to financing the 'Connecting Europe' facility were depleted in order to recapitalise the European Fund for Strategic Investments; expresses hope that these funds will be used to finance infrastructurrecalls that transport remains a top priority of the European Fund for Strategic Investments. Draws the attention to the possibility of combining EFSI financial instruments with ESI funds on one projects;.
Amendment 72 #
2016/2148(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that major administrative barriers to accessing European Structural and Investment Funds exist, particularly for SMEs; Underlines that excluding ESI funds from the state aid rules will significantly facilitate the access to ESI funds for SMEs and local entrepreneurships which are facing major administrative barriers.
Amendment 78 #
2016/2148(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that the thematic concentration establishing ESI funds' investments priorities might limit the capacity of local authorities to invest in transport infrastructures, especially in the more developed regions where at least 80 % of the European Regional Development Fund (ERDF) resources at national level shall be allocated to two or more of the thematic objectives 1, 2, 3 and 4 of the Common Strategic Framework. Therefore calls on the Commission to allow more flexibilities for regions to decide on which priorities they want to focus. Stresses that objective 7 of the CSC, "Promoting sustainable transport and removing bottlenecks in key network infrastructures", should be taken into account as key action of the ERDF.
Amendment 5 #
2016/2059(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s strategy to support the use of LNG as an alternative fuel for transport where it replaces more polluting conventional fuels and does not take the place of renewable energy sources while respecting the principle of lawful competition and consumer rights;
Amendment 15 #
2016/2059(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the use of LNG in heavy-duty vehicles and shipping can reduce emissions of various pollutants (SOx, NOx and particulate matter) and, in the case of shipping, can allow the sector to meet the requirements of environmental legislation by decreasing the sulphur and nitrogen content in marine fuels used in the Emission Control Areas; notes that LNG, and in particular CNG, is also a viable solution for public transport which helps to reduce air and noise pollution which can lead to improved life conditions;
Amendment 75 #
2016/2059(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to present cost-effective solutions for the distribution and storage of LNG, so as to ensure lower prices for consumers, in the Union’s outermost regions and for adequate financing; stresses the need to look at all existing solutions for the storage and distribution of LNG, in particular in island regions, taking into consideration the potential evolution in demand for that fuel;
Amendment 81 #
2016/2059(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the EU is the largest natural gas importer in the world; underlines, to that end, the importance of acquiring independence in relation to natural gas imports while also lowering prices for LNG;
Amendment 87 #
2016/2059(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the need to set out common technical specifications for LNG refuelling points for sea-going ships, inland waterway vessels and motor vehicles, and the need for appropriate and harmonised safety rules and training for LNG storage, bunkering and on-board use in all 28 Member States.
Amendment 38 #
2016/0382(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2009/28/EC of the European Parliament and of the Council has been substantially amended several times, including by Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels. Since further amendments are to be made, that Directive should be recast in the interests of clarity.
Amendment 40 #
2016/0382(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Greenhouse gas emissions reductions are of critical importance for the future of our planet; however they should not compete with other environment protection goals nor with improving air quality in general.
Amendment 43 #
2016/0382(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In particular, increasing technological improvements, incentives for the use and expansion of public transport, including green taxation and application of polluter-payer principle, the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity, heating and cooling sectors as well as in the transport and logistics sector are very effective tools, together with energy efficiency measures, for reducing greenhouse gas emissions in the Union and the Union's dependence on imported gas and oil.
Amendment 46 #
2016/0382(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Parliament adopted on 4 April 2017 its resolution on Palm oil and deforestation of rainforests (2016/2222 (INI)).
Amendment 49 #
2016/0382(COD)
Proposal for a directive
Recital 7
Recital 7
(7) It is thus appropriate to establish a Union binding target of at least 2735% share of renewable energy. Member States should define their contribution to the achievement of this target as part of their Integrated National Energy and Climate Plans through the governance process set out in Regulation [Governance].
Amendment 55 #
2016/0382(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Member States should take additional measures in the event that the share of renewables at the Union level does not meet the Union trajectory towards the at least 2735% renewable energy target. As set out in Regulation [Governance], if an ambition gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Plans, the Commission may take measures at Union level in order to ensure the achievement of the target. If a delivery gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Progress Reports, Member States should apply the measures set out in Regulation [Governance], which are giving them enough flexibility to choose.
Amendment 61 #
2016/0382(COD)
Proposal for a directive
Recital 20
Recital 20
(20) It is necessary to set comprehensive, transparent and unambiguous rules for calculating the share of energy from renewable sources and for defining those sources.
Amendment 66 #
2016/0382(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that Annex IX takes into account the principles of the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council17 , the Union sustainability criteria, the Common Agricultural Policy framework, and the need to ensure that the Annex does not create additional demand for land while promoting the use of wastes and residues, the Commission, when regularly evaluating the Annex, should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for (by-)products, wastes or residues. __________________ 17 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 70 #
2016/0382(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The coherence between the objectives of this Directive and the Union's otherlegislation, especially environmental legislation, should be ensured. In particular, during the assessment, planning or licensing procedures for renewable energy installations, Member States should take account of all Union legislation, including environmental legislation, and the contribution made by renewable energy sources towards meeting environmental and climate change objectives, in particular when compared to non-renewable energy installations.
Amendment 73 #
2016/0382(COD)
Proposal for a directive
Recital 45
Recital 45
(45) It is important to provide information on how the supported electricity is allocated to final customers. In order to improve the quality of that information to consumers, Member States should ensure that guarantees of origin are issued for all units of renewable energy produced. In addition, with a view to avoiding double compensation, renewable energy producers already receiving financial support should not receive guarantees of origin. However, those guarantees of origin should be used for disclosure so that final consumers can receive clear, reliable and adequate evidence on the renewable origin of the relevant units of energy. Moreover, for renewable electricity that received support, the guarantees of origin should be auctioned to the market and the revenues should be used to reduce public subsidies for renewable energy.
Amendment 77 #
2016/0382(COD)
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) The transport sector accounts for 32% of EU's total energy consumption, is responsible for 22% of total EU greenhouse gas emissions and its energy demand relies for 94% on oil, leading to energy dependency and vulnerability to price fluctuation. While the share of renewable energy in transport is gradually increasing, progress has been slow, partly due to policy uncertainty and low competitiveness of alternative fuels.
Amendment 81 #
2016/0382(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that fstrong incentives need to be provided to innovate in energies needed for the long-term decarbonisation of transport, such as electro-mobility, advanced biofuels and other alternative renewable fuels. It is also important to keep in mind that all fuels have their benefits and disadvantages, and therefore a diverse mix is necessary. Food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive.
Amendment 86 #
2016/0382(COD)
Proposal for a directive
Recital 64
Recital 64
(64) AIn respect of the sustainability criteria, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost- effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. Concrete measures at both the demand and the supply side should be put in place to incentivise the transition towards the renewable electrification of transport. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.
Amendment 89 #
2016/0382(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The promotion of low carbon fossil fuels that are produced from fossil waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers. But those fuels cannot be considered renewable, and therefore should be addressed in a dedicated legislative text.
Amendment 92 #
2016/0382(COD)
Proposal for a directive
Recital 66
Recital 66
(66) Feedstocks which have low indirect land use change impacts when used for biofuels, shouldwill be promoted for their contribution to the decarbonisation of the economy. Especially feedstocks for advanced biofuels, for which technology is more innovative and less mature and therefore needs a higher level of support, should be included in an annex to this Directive. In order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects, and to identify possible loopholes in the legislation, a regular evaluation shouldwill take place after the adoption of the Directive, in order to assess the possibility to extend the annex to new feedstockssustainable feedstocks and to address potential weaknesses of the legislation.
Amendment 94 #
2016/0382(COD)
Proposal for a directive
Recital 71
Recital 71
(71) The production of agricultural raw material for biofuels, bioliquids and biomass fuels, and the incentives for their use provided for in this Directive, should respect sustainable production criteria, and should not have the effect of encouraging the destruction of biodiverse lands. Such finite resources, recognised in various international instruments to be of value to all mankind, should be preserved. It is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels, bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or, in the case of areas designated for nature protection purposes or for the protection of rare, threatened or endangered ecosystems or species, the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes. Forests should be considered as biodiverse according to the sustainiability criteria, where they are primary forests in accordance with the definition used by the Food and Agriculture Organisation of the United Nations (FAO) in its Global Forest Resource Assessment, or where they are protected by national nature protection law. Areas where the collection of non-wood forest products occurs should be considered to be biodiverse forests, provided the human impact is small. Other types of forests as defined by the FAO, such as modified natural forests, semi- natural forests and plantations, should not be considered as primary forests. Having regard, furthermore, to the highly biodiverse nature of certain grasslands, both temperate and tropical, including highly biodiverse savannahs, steppes, scrublands and prairies, biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this Directive. The Commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards.
Amendment 95 #
2016/0382(COD)
Proposal for a directive
Recital 74
Recital 74
(74) In the framework of the Common Agricultural Policy Union, farmers shouldwill comply with a comprehensive set of environmental requirements in order to receive direct support. Compliance with those requirements can be most effectively verified in the context of agricultural policy. Including those requirements in the sustainability scheme is not appropriate as the sustainability criteria for bioenergy should set out rules that are objective and apply globally. Verification of compliance under this Directive would also risk causing unnecessary administrative burdenEnvironmental and health damages cannot be a counterpart to greenhouse gas emissions savings.
Amendment 98 #
2016/0382(COD)
Proposal for a directive
Recital 88
Recital 88
(88) If land with high stocks of carbon in its soil or vegetation is converted for the cultivation of raw materials for biofuels, bioliquids and biomass fuels, some of the stored carbon will generally be released into the atmosphere, leading to the formation of carbon dioxide. The resulting negative greenhouse gas impact can offset the positive greenhouse gas impact of the biofuels, bioliquids or biomass fuels, in some cases by a wide margin. The full carbon effects of such conversion shouldwill therefore be taken into account in calculating the greenhouse gas emission saving of particular biofuels, bioliquids and biomass fuels. This is necessary to ensure that the greenhouse gas emission saving calculation takes into account the totality of the carbon effects of the use of biofuels, bioliquids and biomass fuels.
Amendment 103 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) 'fuel' means any solid, liquid or gaseous substance that can be used to release energy from various sources;
Amendment 108 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) 'highly sustainable crop based biofuels' means biofuels that – have limited impact on food and water availability; – save at least 70% GHG emissions compared to fossil fuel according to the methodology in article 28 (1) from 2021, increasing to at least 80% by 2030; – are produced from feedstocks obtained in accordance with the requirements and standards under the provisions referred to Article 93 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural Policy ; or are certified to comply with an equivalent set of sustainability standards.
Amendment 113 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f f
Article 2 – paragraph 2 – point f f
Amendment 122 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 2735%.
Amendment 123 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States' respective contributionbinding targets to this overall 2030 target shall be set and notified to the Commission as part of their Integrated National Energy and Climate Plans in accordance with Articles 3 to 5 and Articles 9 to 11 of Regulation [Governance].
Amendment 133 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State's gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,81% in 2030 following the trajectory set out in part A of Annex X. For 'highly sustainable crop based biofuels' as defined in Article 2 this limit shall be reduced to 3.8%. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, takingand shall take into account indirect land use change, in accordance with Annex VIII and Directive 2015/1513.
Amendment 145 #
2016/0382(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Two or more Member States may cooperate on all types of joint projects relating to the production of electricity, fuel, heating or cooling from renewable energy sources. That cooperation may involve private operators.
Amendment 148 #
2016/0382(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall notify the Commission of the proportion or amount of electricity, fuel, heating or cooling from renewable energy sources produced by any joint project in their territory, that became operational after 25 June 2009, or by the increased capacity of an installation that was refurbished after that date, which is to be regarded as counting towards the national overall renewable energy share of another Member State for the purposes of this Directive.
Amendment 149 #
2016/0382(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the total amount of electricity or fuel or heating or cooling produced during the year from renewable energy sources by the installation which was the subject of the notification under Article 9; and
Amendment 150 #
2016/0382(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the amount of electricity or fuel or heating or cooling produced during the year from renewable energy sources by that installation which is to count towards the national overall renewable energy share of another Member State in accordance with the terms of the notification.
Amendment 151 #
2016/0382(COD)
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. For the purposes of this Directive , the amount of electricity or fuel or heating or cooling from renewable energy sources notified in accordance with paragraph 1(b) shall be:
Amendment 152 #
2016/0382(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) deducted from the amount of electricity or fuel or heating or cooling from renewable energy sources that is taken into account, in measuring the renewable energy share of the Member State issuing the letter of notification under paragraph 1; and
Amendment 153 #
2016/0382(COD)
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) added to the amount of electricity or fuel or heating or cooling from renewable energy sources that is taken into account in measuring the renewable energy share of the Member State receiving the letter of notification in accordance with paragraph 2.
Amendment 154 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants and associated transmission and distribution network infrastructures for the production of electricity, heating or cooling from renewable energy sources, and to the process of transformation of biomass into biofuels or other energy products, as well as for the deployment of alternative fuel networks, are proportionate and necessary.
Amendment 156 #
2016/0382(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 1 January 2021 Member States shall set up one or more single administrative contact points which will coordinate the entire permit granting process for applicants for permits to build and operate plants and associated transmission and distribution network infrastructures for the production of energy from renewable energy sources, as well as for the deployment of alternative fuel networks.
Amendment 167 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph -1 (new)
Article 25 – paragraph 1 – subparagraph -1 (new)
In order to facilitate the penetration of renewable energy in the transport sector, each Member State shall gradually increase the share of renewable energy supplied to at least 12% in 2030, expressed in terms of national share of final energy consumption and calculated according to the methodology set out in Article 7.
Amendment 168 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, sustainable biofuels', from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 176 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum share shall be at least equal to 1.5% in 2021, increasing up to at least 6.89% in 2030, following the trajectory set out in part B of Annex X. Within this total share, the contribution of advanced biofuels and biogas produced from feedstock listed in part A of Annex IX shall be at least 01.5% of the transport fuels supplied for consumption or use on the market as of 1 January 2021, increasing up to at least 3.65.3% by 2030, following the trajectory set out in part C of Annex X.
Amendment 177 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 3
Article 25 – paragraph 1 – subparagraph 3
The total greenhouse gas emission savings, also taking into account possible indirect land-use change emissions, from the use of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX shall be at least 70% as of 1 January 2021.
Amendment 178 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point a
Article 25 – paragraph 1 – subparagraph 4 – point a
(a) for the calculation of the denominator, that is the energy content of road and rail transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, waste-based fossil fuels and electricity, shall be taken into account;
Amendment 186 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
for the calculation of the numerator, the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 193 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. With effect from 1 January 2021, for the calculation of greenhouse gas emission savings from the use of advanced biofuels and other biofuels, suppliers shall report annually, to the authority designated by the Member State, on the greenhouse gas intensity fuel and energy supplied accordingly to article 7(a) of Directive 98/70/EC. With effect from 1 January 2021, Member States shall require fuel suppliers to reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by 31 December 2030, compared with the fuel baseline standard referred to in Directive 2015/652/EC.
Amendment 196 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to further specify the methodology referred to in paragraph 3(b) of this Article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process, to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non-biological origin and waste-based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this Article.
Amendment 199 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. Biofuels, bioliquids and biomass fuels based on agricultural biomass shall be produced from raw material produced in respect of common agricultural policy cross compliance criteria.
Amendment 203 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 10 a (new)
Article 26 – paragraph 10 a (new)
10a. Sustainability and greenhouse gas emissions saving criteria shall apply similarly to biofuels, bioliquids and biomass fuels produced in the EU or imported from third-countries.
Amendment 204 #
2016/0382(COD)
Proposal for a directive
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V for biofuels and bioliquids and in part A of Annex VI for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V and for those biomass fuels calculated in accordance with point 7 of part B of Annex VI is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII by using that default value, ;
Amendment 205 #
2016/0382(COD)
Proposal for a directive
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V for biofuels and bioliquids and in part B of Annex VI for biomass fuels , adding the estimates for indirect land-use change emissions set out in Annex VIII;
Amendment 206 #
2016/0382(COD)
Proposal for a directive
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors; or, adding the estimates for indirect land-use change emissions set out in Annex VIII.
Amendment 207 #
2016/0382(COD)
Proposal for a directive
Article 28 – paragraph 1 – point d
Article 28 – paragraph 1 – point d
(d) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part B of Annex VI, where disaggregated default values in part C of Annex VI may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part B of Annex VI, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex VIII.
Amendment 208 #
2016/0382(COD)
Proposal for a directive
Article 28 – paragraph 5 – subparagraph 1
Article 28 – paragraph 5 – subparagraph 1
The Commission shall keep Annex V and Annex VI under review, with a view, where justified, to add ing or revisinge values for new biofuel , bioliquid and biomass fuel production pathways . That review shall also consider the modification of the methodology laid down in part C of Annex V and in part B of Annex VI . In the event that the Commission's review concludes that changes to Annex V or Annex VI should be made, the Commission shall submit a legislative proposal to the European Parliament and the Council.
Amendment 216 #
2016/0382(COD)
Proposal for a directive
Annex IX – Part B – point a
Annex IX – Part B – point a
(a) Used cooking oil, provided that the Commission comes up with a specific definition of what "used" means.
Amendment 74 #
2016/0014(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In pursuing the objectives of this Regulation, of Regulation 715/2007 and of Directive 2007/46/CE of the European Parliament and of the Council for the type approval of motor vehicles and their trailers, implemented by national authorities and technical services in the Member-States, the establishment of a European entity for market surveillance and type-approval (referred to as "European authority") within the existing institutional framework and with respect for the balance of power in the European Union, that would carry out the tasks and responsibilities attributed to the European Commission under this Regulation, would ensure a high level of expertise and harmonisation, for the purpose of the good functioning of the Single Market to the gain of consumers and undertakings, as well as a high level of protection of public health and environment. To this end, special consideration should therefore be given to the extension of the competencies of the European Railway Agency to all land transports, including type-approval and market surveillance of motor vehicles activities.
Amendment 78 #
2016/0014(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and, with the Commission and with the European authority for market surveillance and type-approval. They should consult each other and, the Commission and the European authority on questions with general relevance for the implementation of this Regulation and inform each other and, the Commission and the European authority on their model assessment checklist.
Amendment 80 #
2016/0014(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Member States should levy fees for the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by Member States and to establish a level playing field for technical services. In order to ensure transparency, the Member States should inform the Commission, the European authority and the other Member States before they adopt the level and structure of the fees.
Amendment 82 #
2016/0014(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionEuropean authority should have the possibility to investigate individual cases.
Amendment 87 #
2016/0014(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authority is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States, the European authority and the Commission to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 90 #
2016/0014(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionEuropean authority should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non-compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the CommissionEuropean authority should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and to investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. The CommissionEuropean authority should be entitled to impose administrative fines where non-compliance is established.
Amendment 95 #
2016/0014(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission and the European authority annually, to monitor the coherence of the implementation of these provisions.
Amendment 98 #
2016/0014(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to properly implement the compliance verification by the CommissionEuropean authority and to ensure a level playing field for economic operators and national authorities, the CommissionEuropean authority should be competent to impose harmonized administrative fines upon the economic operators found to have infringed upon this regulation regardless of where the vehicle, system, component or separate technical unit was originally type-approved.
Amendment 106 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
Amendment 107 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8b) 'Base Emission Strategy' (hereinafter 'BES') means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
Amendment 108 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
Article 3 – paragraph 1 – point 8 c (new)
(8c) 'Auxiliary Emission Strategy' (hereinafter 'AES') means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
Amendment 109 #
2016/0014(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Commission and the European authority by that Member State, with competence for all aspects of the type- approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
Amendment 121 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission and the European authority of the establishment and appointment of such authorities.
Amendment 169 #
2016/0014(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionEuropean authority the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 175 #
2016/0014(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a For a European surveillance entity : modification of European Railway Agency into European Land Transports Agency 36 months after entry into force of this Regulation, European Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on enforcement of the new provisions for type-approval and market surveillance of motor vehicles, followed by a legislative initiative aiming at extending competences of the European Railway Agency, to include type-approval and market surveillance of motor vehicles.
Amendment 177 #
2016/0014(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the Commission and the European authority and enforcement co- ordination with Member States
Amendment 179 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionEuropean authority shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals.
Amendment 185 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Commission a European authority a statistically relevant number of production vehicles, systems, components and separate technical units selected by the CommissionEuropean authority that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the CommissionEuropean authority may require.
Amendment 189 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionEuropean authority to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the CommissionEuropean authority all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 196 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionEuropean authority establishes that the vehicles tested or inspected do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8) without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 200 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the CommissionEuropean authority shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 202 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionEuropean authority shall publish a report of its findings following any compliance verification testing it has carried out.
Amendment 204 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Any remedy action taken by the European authority pursuant to its verification testing shall apply Union- wide and shall be implemented by the national authorities in a harmonised and consistent manner. Such EU corrective action may include uniform compensation to consumers if the original vehicles' performance was altered following the remedy action taken as well as financial compensation for any external negative impacts (air quality, public health, etc.).
Amendment 224 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Articles 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 243 #
2016/0014(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the CommissionEuropean authority but may also be supplied on paper.
Amendment 255 #
2016/0014(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a serious risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the CommissionEuropean authority a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 258 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the CommissionEuropean authority a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 260 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The approval authority shall send, at three-monthly intervals, to the approval authorities of the other Member States and the CommissionEuropean authority a list of the EU type- approvals for systems, components or separate technical units it has issued, amended, refused to grant or withdrawn during the preceding period. That list shall contain the information specified in Annex XIV.
Amendment 263 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the CommissionEuropean authority, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 266 #
2016/0014(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the CommissionEuropean authority of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
Amendment 290 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The national fee structure shall also cover the costs for the compliance verification inspections and tests carried out by the CommissionEuropean authority in accordance with Article 9. These contributions shall constitute external assigned revenues for the general budget of the European Union, according to Art. 21(4) of the Financial Regulation26 . __________________ 26 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2015 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1–96).
Amendment 293 #
2016/0014(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall notify the details of their national fee structure to the other Member States and the CommissionEuropean authority. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the CommissionEuropean authority on a yearly basis.
Amendment 301 #
2016/0014(COD)
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Upon reception of the notification made by the manufacturer, the approval authority that granted the EU type-approval shall communicate without delay to the approval authorities of the other Member States and the CommissionEuropean authority all relevant information for the making available on the market, registering or entering into service of vehicles, where appropriate.
Amendment 306 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the CommissionEuropean authority. That authorisation shall be given by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 308 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
Pending the decision on authorisation by the CommissionEuropean authority, the approval authority may issue a provisional EU type- approval, valid only in the territory of the Member State of that approval authority, in respect of a type of vehicle covered by the exemption sought. The approval authority shall inform without delay the CommissionEuropean authority and the other Member States thereof by means of a file containing the information referred to in paragraph 2.
Amendment 309 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Where appropriate, the authorisation of the CommissionEuropean authority referred to in paragraph 3 shall specify whether it is subject to any restrictions, in particular with regard to the maximum number of vehicles covered. In all cases, the EU type- approval shall be valid for at least 36 months.
Amendment 312 #
2016/0014(COD)
Proposal for a regulation
Article 37 – paragraph 7 – subparagraph 1
Article 37 – paragraph 7 – subparagraph 1
Where the CommissionEuropean authority refuses authorisation referred to in paragraph 3, the approval authority shall immediately inform the holder of the provisional type- approval referred to in paragraph 4 that the provisional EU type-approval approval shall be revoked six months after the date of the Commission’European authority's refusal.
Amendment 314 #
2016/0014(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Where the CommissionEuropean authority has authorised the granting of an EU type- approval in accordance with Article 37, it shall immediately take the necessary steps to adapt the regulatory acts concerned to the latest technological developments.
Amendment 315 #
2016/0014(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Once the relevant regulatory acts have been amended, any restriction in the CommissionEuropean authority decision authorising the granting of an EU type-approval shall be lifted.
Amendment 318 #
2016/0014(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the CommissionEuropean authority may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 331 #
2016/0014(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The relevant approval authority shall inform the CommissionEuropean authority and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 334 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionEuropean authority and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 338 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionEuropean authority and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non- conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 340 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the CommissionEuropean authority in accordance with Article 51.
Amendment 342 #
2016/0014(COD)
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 345 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the CommissionEuropean authority has considered that a national measure is contrary to Union legislation, the CommissionEuropean authority shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the CommissionEuropean authority shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 347 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
The CommissionEuropean authority shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission accordingly.
Amendment 348 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the CommissionEuropean authority considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non- compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the CommissionEuropean authority considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the CommissionEuropean authority decision referred to in paragraph 1.
Amendment 349 #
2016/0014(COD)
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the CommissionEuropean authority shall propose appropriate measures as follows:
Amendment 352 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionEuropean authority and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 354 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionEuropean authority shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the CommissionEuropean authority shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 355 #
2016/0014(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. The CommissionEuropean authority shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators.
Amendment 356 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the CommissionEuropean authority may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 361 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionEuropean authority shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 363 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the CommissionEuropean authority and the other Member States.
Amendment 365 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or a market surveillance authority in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the CommissionEuropean authority establishes a non- compliance in accordance with Article 9(5), the CommissionEuropean authority shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation made by the European authority, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 368 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 2
Article 54 – paragraph 8 – subparagraph 2
The Commission shall address itsthe decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission and the European authority accordingly.
Amendment 370 #
2016/0014(COD)
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 377 #
2016/0014(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. An approval authority that disagrees with the authorisation issued by another Member State shall bring the reasons for its disagreement to the attention of the Commission. The CommissionEuropean authority. The European authority shall take the appropriate measures in order to resolve the disagreement, which may include, where necessary, requiring the withdrawal of the authorisation, after having consulted the relevant approval authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 378 #
2016/0014(COD)
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the CommissionEuropean authority without delay.
Amendment 380 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Where an approval authority or the CommissionEuropean authority considers that the remedies referred to in Article 57(3) are insufficient or are not implemented quickly enough, they shall notify their concern to the approval authority that granted the EU type-approval and the CommissionEuropean authority without delay.
Amendment 382 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
The approval authority that granted the EU type-approval shall request the manufacturer to take corrective measures to address the concerns notified. Where the manufacturer does not propose and implement effective corrective measures, the approval authority that granted the EU type-approval shall take all restrictive measures required, including the withdrawal of the EU type-approval and mandatory recall, and inform the approval authorities of the other Member States and the CommissionEuropean authority about the restrictive measures taken. In the case of withdrawal of the EU type-approval, the approval authority shall inform without delay the manufacturer by registered letter or equivalent electronic means of that withdrawal.
Amendment 384 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where an approval authority considers that the restrictive measures taken by the approval authority that granted the EU type-approval pursuant to article 58(1) are not sufficient or timely enough, .it shall inform the CommissionEuropean authority thereof and it may take appropriate restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned non-compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.
Amendment 386 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1
Article 58 – paragraph 3 – subparagraph 1
The CommissionEuropean authority shall hold appropriate consultations with the parties involved and shall decide whether the restrictive measures taken by the approval authority that granted the EU type-approval are sufficient and timely enough, and where necessary, propose appropriate measures to ensure that the conformity is restored and/or the serious risk referred to in Article 57(3) is effectively neutralised. That decision shall also address the suitability of the restrictive measures taken by approval authorities who considered the action taken by the approval authority that granted the EU type-approval as not sufficient or timely enough. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 387 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 2
Article 58 – paragraph 3 – subparagraph 2
The CommissionEuropean authority shall address its decision to the Member States concerned and shall immediately communicate it to the relevant economic operators.
Amendment 389 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Member States shall implement without delay the CommissionEuropean authority decision and inform the Commission accordingly.
Amendment 391 #
2016/0014(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where, within one month of receipt of the notification regarding the approved remedies referred to in Article 57(3), no objection has been raised against those remedies by either another Member State or the CommissionEuropean authority, those remedies shall be deemed justified. The other Member States shall ensure that those remedies are applied in respect of the vehicles, systems, components or separate technical units concerned that have been made available on the market, registered, or entered into service in their territory.
Amendment 401 #
2016/0014(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Forum referred to in paragraph 1 shall advise the Commission and the European authority on measures to prevent misuse of vehicle OBD and vehicle repair and maintenance information.
Amendment 404 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 7
Article 71 – paragraph 7
7. Member States shall provide the CommissionEuropean authority and the other Member States with information on their procedures for the assessment, designation and notification of technical services and for the monitoring of technical services, and of any changes thereto.
Amendment 414 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the CommissionEuropean authority.
Amendment 419 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysisEuropean authority can participate in the review.
Amendment 422 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-review shall be communicated to all Member States and to the CommissionEuropean authority and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the CommissionEuropean authority and issue recommendations.
Amendment 427 #
2016/0014(COD)
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the CommissionEuropean authority and the other Member States on how it has addressed the recommendations in the peer-review report.
Amendment 430 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests referred to in this Regulation and in the acts listed in Annex IV, where those tests are performed in the manufacturer’s facilities or in the facilities of a third party;
Amendment 431 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 432 #
2016/0014(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 434 #
2016/0014(COD)
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organiszation or body that is notthat has no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 435 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. An in-house technical service of a manufacturer may be designated for category A activities as referred to in Article 72(1)(a) only with regard to the regulatory acts listed in Annex XV. An in- house technical service shall constitute a separate and distinct part of the manufacturer's company and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses.
Amendment 436 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 439 #
2016/0014(COD)
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need to be notified to the Commission European authority for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type- approval authority at the request of that authority.
Amendment 444 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the CommissionEuropean authority, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type- approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 451 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
5. The Member States shall notify to the CommissionEuropean authority the names of the representatives of the type-approval authority to call upon for each joint assessment.
Amendment 453 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the CommissionEuropean authority and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
Amendment 456 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. The type-approval authorities of the other Member States and the Commission European authority may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence..
Amendment 458 #
2016/0014(COD)
Proposal for a regulation
Article 77 – paragraph 10
Article 77 – paragraph 10
10. The type-approval authorities of the other Member States or the CommissionEuropean authority may individually or jointly address recommendations to the type- approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the CommissionEuropean authority, it shall give the reasons therefor within two weeks after taking its decision.
Amendment 462 #
2016/0014(COD)
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
Member States shall notify to the CommissionEuropean authority the name, the address, including the electronic address, the responsible persons and the category of activities of every technical service that they have designated. The notification shall clearly specify the scope of the designation, the conformity assessment activities and procedures, the type of products and the subjects listed in Annex IV for which the technical services have been designated, and subsequent modifications to any of those details.
Amendment 465 #
2016/0014(COD)
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 1
Article 78 – paragraph 2 – subparagraph 1
Within 28 days of a notification, a Member State or the CommissionEuropean authority may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the type-approval authority. When a Member State or the CommissionEuropean authority raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall decide by means of an implementing act whether the suspension of the notification can be lifted or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 468 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 2
Article 79 – paragraph 1 – subparagraph 2
The type-approval authority shall immediately inform the CommissionEuropean authority and the other Member States of any suspension, restriction or withdrawal of a notification.
Amendment 470 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 3
Article 79 – paragraph 1 – subparagraph 3
The CommissionEuropean authority shall update the information published referred to in Article 78(4) accordingly.
Amendment 472 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 1
Article 79 – paragraph 3 – subparagraph 1
The type-approval authority shall inform the other type-approval authorities and the CommissionEuropean authority when non-compliance of the technical service has an impact on type- approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.
Amendment 474 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 2
Article 79 – paragraph 3 – subparagraph 2
Within two months after having notified the changes to the notification, the type- approval authority shall submit a report on its findings regarding the non-compliance to the CommissionEuropean authority and the other type- approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.
Amendment 478 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 1 – point a
Article 79 – paragraph 4 – subparagraph 1 – point a
(a) in the case of suspension of a notification, on condition that, within three months after the suspension, the type- approval authority that issued the type- approval certificate confirms in writing to the type-approval authorities of the other Member States and the CommissionEuropean authority that it is assuming the functions of the technical service during the period of suspension;
Amendment 481 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 2
Article 79 – paragraph 4 – subparagraph 2
The type-approval authority assuming the functions of the technical service shall immediately inform the other type- approval authorities, the other technical services and the CommissionEuropean authority thereof.
Amendment 483 #
2016/0014(COD)
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Technical services shall respond without delay to requests by a type- approval authority or by the CommissionEuropean authority in relation to the conformity assessments they have carried out.
Amendment 485 #
2016/0014(COD)
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 2
Article 80 – paragraph 3 – subparagraph 2
When the type-approval authority of the Member State in which the technical service is established invokes a legitimate reason, it shall inform the CommissionEuropean authority thereof.
Amendment 488 #
2016/0014(COD)
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 3
Article 80 – paragraph 3 – subparagraph 3
The CommissionEuropean authority shall consult without delay the Member States. On the basis of that evaluation, the CommissionEuropean authority shall decide by means of an implementing act whether the legitimate reason is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 489 #
2016/0014(COD)
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 4
Article 80 – paragraph 3 – subparagraph 4
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or, to the Commission or to the European authority shall be treated confidentially.
Amendment 492 #
2016/0014(COD)
Proposal for a regulation
Article 80 – paragraph 4 – subparagraph 2
Article 80 – paragraph 4 – subparagraph 2
Within two months after finalising this assessment of the technical service, the Member States shall report to the CommissionEuropean authority and to the other Member States on those monitoring activities. The reports shall contain a summary of the assessment which shall be made publicly available.
Amendment 496 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The CommissionEuropean authority shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.
Amendment 498 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
The CommissionEuropean authority shall investigate the responsibility of the technical service in the case where it is demonstrated or where there are justified grounds to consider that a type approval has been granted on the basis of false data or that the test results have been falsified or that data or technical specifications have been withheld that would have led to the refusal to grant the type approval,.
Amendment 500 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The CommissionEuropean authority shall consult the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type- approval authority of that Member State shall provide the CommissionEuropean authority, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
Amendment 503 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The Commission and the European authority shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 505 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1
Article 81 – paragraph 4 – subparagraph 1
Where the CommissionEuropean authority ascertains that a technical service does not or no longer comply with the requirements for its designation or that it is responsible for any of the wrong-doings referred to in paragraph 1, it shall inform the Member State of the type-approval authority thereof.
Amendment 507 #
2016/0014(COD)
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 2
Article 81 – paragraph 4 – subparagraph 2
The CommissionEuropean authority shall request that Member State to take restrictive measures, including the suspension, restriction or withdrawal of the designation, where necessary.
Amendment 510 #
2016/0014(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Type-approval authorities shall consult each other and the CommissionEuropean authority on questions with general relevance with regard to the implementation of the requirements set out in this Regulation in relation with the assessment, designation and monitoring of technical services.
Amendment 524 #
2016/0014(COD)
Proposal for a regulation
Article 89 – paragraph 4
Article 89 – paragraph 4
4. Member States shall notify the provisions implementing paragraphs 1 to 3 to the Commission and the European authority by dd/mm/yyyy [PO: please insert the date 12 months after entry into force of this Regulation.] and shall notify the Commission and the European authority without delay of any subsequent amendment affecting those provisions.
Amendment 528 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the CommissionEuropean authority referred to in Article 9(1) and (4), or Article 54(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the CommissionEuropean authority may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 530 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shallEuropean authority should not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 538 #
2016/0014(COD)
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
1. By 31 December 20xx [PO: please insert the year, which should be the year of application as mentioned in Article 98 + 5 years]Member States shall inform the Commission and the European authority of the application of the type- approval and market surveillance procedures laid down in this Regulation.
Amendment 6 #
2015/2350(INI)
Motion for a resolution
Recital B
Recital B
B. whereas waterborne passenger transport in the fields of coastal (short sea) shipping, inland and maritime ferries, urban mobility, and cruises and tourism offers great potential for using available excess capacity in terms of both infrastructure and vesselsplay a crucial role in connecting the different regions of the European Union and are thus an important factor for enhancing the cohesion; cruise and ferry activity moreover stimulates coastal tourism, being one of the main maritime activities in Europe;
Amendment 11 #
2015/2350(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas waterborne passenger transport and waterborne freight transport face different challenges and have different needs in terms of infrastructure, environmental challenges, operational issues, security and port-city relations, while both market segments are handled by one port authority;
Amendment 13 #
2015/2350(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas possibilities for loans and guarantees for waterborne projects are also available under EFSI as a complementary instrument to the traditional grants;
Amendment 17 #
2015/2350(INI)
Motion for a resolution
Recital E
Recital E
E. whereas several tragic accidents have occurred in the past in the waterborne passenger transport sector, including those involving the Estonia, the Herald of Free Enterprise and, the Costa Concordia and the Norman Atlantic;
Amendment 30 #
2015/2350(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Encourages the development of the motorways of the sea, including third countries, which promote multimodal efficient transport, facilitate this mode's integration with other transport networks and modes, remove bottlenecks in key network infrastructures and ensure territorial continuity and integration;
Amendment 37 #
2015/2350(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the key relevance of European statistical data for formulating plans and policies for the waterborne transport sector, particularly as regards the number of cross-border maritime and inland waterway services provided by both ferries and cruise ships; regrets the fact that Eurostat statistics count cruise passengers only referring to cruise passengers embarking and disembarking on a cruise each year (turnaround), but is not calculating the "port-of-call passenger visits", namely the number of passengers embarking and disembarking at each transit port; considers that including these numbers would give a far more realistic picture of the added value of the cruise sector and of waterborne maritime passenger transport in general;
Amendment 42 #
2015/2350(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the integration of WPT into urban public transport networks could considerably enhance mobility efficiency, environmental performance, quality of life, affordability, decongestion of land-based transport networks and comfort in cities;
Amendment 51 #
2015/2350(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the efforts of the WPT sector to switch to cleaner shipand energy- efficient ships with lower emissions, developed as part of a European framework aimed at making waterborne transport greener; believes that this will lead to cheaper solutions that are sustainable, more attractive and thus economically more competitive, making the sector ‘cheaper, cleaner, greener’ overall;
Amendment 52 #
2015/2350(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that the different challenges of the major coastal zones in the EU call for different actions (more ferry services in the North Sea, upgrading and technical uptake of ferries in the Mediterranean etc.);
Amendment 63 #
2015/2350(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the Commission in its promotion of LNG, non-fossil alternative fuels, electric and hybrid systems based on renewable sources, and solar and wind energy for maritime vessels, and encourages it to tailor research and innovation with a particular focus on practicability for the WPT sector;
Amendment 65 #
2015/2350(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that the ferry sector is an important component of the Short Sea Shipping (SSS) market and is, therefore, crucial to maintain its dynamism and competitiveness, whilst at the same time improving its environmental performance and energy efficiency;
Amendment 68 #
2015/2350(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’'s REFIT initiative for port reception facilities and encourage its plans for new legislation under the ordinary legislative procedure, including a good informations an opportunity for aligning the current directive with the international developments, to clarify some of its provisions and their application and for stepping up the implementation of the information and monitoring system on waste managed in different Member States, both on ships and in ports;
Amendment 78 #
2015/2350(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 88 #
2015/2350(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Acknowledges that as security is a growing concern, additional measures might be needed, which take into account the specific features of ferry traffic and operations in the port so as to ensure the smooth operation of daily ferry connections;
Amendment 107 #
2015/2350(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Reminds that some ferry connections are life lines connecting outermost regions -vital for territorial, social, and economic cohesion in the true sense- to the mainland and the economic and industrial growth areas, thus contributing to European cohesion and integration;
Amendment 108 #
2015/2350(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Underlines that the framework for providing connections with islands, island regions and remote areas should be promoted, with measures to facilitate better quality ferries and appropriate terminals;
Amendment 110 #
2015/2350(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights the potential and desirability of integrating WPT into a multimodal mobility framework for both commuters and tourists; considers, in this connection, that further improvements are needed in order to develop integrated ticketing schemes, to enhance reliability, comfort, punctuality and frequency, to ease pressure on logistics chains and to achieve faster boarding times in order to attract passengers;
Amendment 112 #
2015/2350(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Emphasises that, in order to maintain a high level of quality services, as well as in the interest of maritime safety, it is essential to develop the knowledge and skills in the maritime sector in the EU;
Amendment 119 #
2015/2350(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 21 #
2015/2315(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
Amendment 25 #
2015/2315(INI)
Motion for a resolution
Citation 14
Citation 14
– having regard to the Commission Green Paper entitled ‘Promoting a European framework's Communication COM(2011)681 on a renewed EU strategy 2011-2014 for cCorporate sSocial rResponsibility’7 and the definition of corporate social responsibility contained therein, __________________ 7 COM(2001)0366. COM(2001)0366.
Amendment 45 #
2015/2315(INI)
Motion for a resolution
Recital D
Recital D
D. whereas corporations are one of the major players in economic globalisation, financial services and international trade and are required to comply with all applicable laws and to respect human rights;
Amendment 60 #
2015/2315(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is a serious and concrete risk of some corporate practices resulting in forced labour, and sexual and child exploitation;
Amendment 67 #
2015/2315(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a significant number of corporations operating in third countries are based in Europe, are owned by European corporations, have assets or goods in Europe or control other corporations in Europe; whereas there is a practice whereby European corporations outsource activities to local suppliers or use goods or services in their production chains that have been produced or provided by other corporations in countries where human rights standards are lower or enforcement and victim protection are legally or factually lacking;
Amendment 73 #
2015/2315(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, where human rights are breached, appropriate and effective remedies are required; whereas a fairer and more effective remedies system is needed under both domestic and international law to deal with human rights violations committed by business enterprises;
Amendment 96 #
2015/2315(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the adoption of the UNGPs and calls for the implementation of those Principles on Business and Human Rights and other international corporate responsibility standards to be consistently raised by EU representatives in Human Rights Dialogues with third countries; emphasises that the UNGPs were agreed unanimously in the UN with the full support of EU Member States, the ILO and the International Chamber of Commerce, including support for the concept of a ‘smart mix’ of regulatory and voluntary action;
Amendment 105 #
2015/2315(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on companies to integrate the findings of theircarry out human rights due diligence processeand integrate their findings into policies and procedures, with resources and authority assigned accordingly, and to communicate their commitment and actions externally, in order to identify, prevent and mitigate any negative human rights impact of their activities;
Amendment 113 #
2015/2315(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the major importance of CSR and welcomes the growing use of instruments based on CSR and the self- commitment by corporations; strongly emphasises, however, that avoiding violations ofrespecting human rights is not a matter of charity or something to be done on a voluntary basis but a legal obligation on enterprises and their management, wherever they may act and whatever their size or industrial sector;
Amendment 131 #
2015/2315(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the different but complementary roles of states and companies with regard to human rights protection; recalls that states have a duty to protect everyone within their jurisdiction, even if they operate in third countries, including against human rights abuses committed by companies, even if they operate in third countries; strongly recalls that, where human rights abuses occur, the victims’ states must grant them access to an effective remedy, and points out that the EU shares that duty with regard to areas of exclusive or shared competence;
Amendment 151 #
2015/2315(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the EU and EU Member States to implement the UNGPs swiftly and robustly in all areas falling under their respective competence, including by developing National Action Plans; deplores that, notwithstanding the Commission’s 20011 CSR communication, only a few EU Member States have adopted CSR statements or policies that mention hpublished their plans on business and human rights and the EU has not published its plan; invites EU Member States to develop or review National Action Plans in line with the guidance provided by the UN Working Group on Business and Human rRights or have published their plans on business and human right; calls for these plans to be developed on the basis of baseline assessments that identify gaps in laws, policies and practice and through meaningful stakeholder participation; calls on the Commission and EU Member States to establish a mechanism to monitor the implementation of these plans and assess their effectiveness;
Amendment 155 #
2015/2315(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the Member States to legislate in a coherent, holistic, effective and binding manner in order to meet their duty to prevent, investigate, punish and redress human rights violations by corporations acting under their jurisdiction, including those perpetrated in third countries, directly or indirectly, by corporations acting under their jurisdiction;
Amendment 161 #
2015/2315(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU Member States to lay down clear requirements as to the fact that companies domiciled in their territory and/or jurisdiction must respect human rights throughout their operations, in every country and context in which they operate; considers that they should ensure that they have systems in place to assess risks and mitigate potential negative impacts related to human rights, labour, environmental protection and disaster-related aspects of their operations and value chains, and periodically assess the adequacy of such laws and address any shortcomings;
Amendment 163 #
2015/2315(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that recent legislative developments at national level, like the UK Modern Slavery Act Transparency in Supply Chains Clause and the French Bill on duty of care represent important steps towards mandatory human rights due diligence, and that the EU has already taken such steps in this direction (EU Timber Regulation, EU Non- Financial Reporting Directive, EC Proposal for a Conflict Minerals Regulation); calls on the Commission and Member States to build on these improvements and to keep moving towards the introduction of mandatory human rights due diligence;
Amendment 165 #
2015/2315(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses that mandatory human rights due diligence should follow the steps required in the UNGPs (identify, prevent/mitigate, remedy and account for). It should furthermore be guided by certain overarching principles related to the proactive identification of risks to human rights, the elaboration of rigorous and demonstrable action plans to prevent or mitigate these risks, adequate response to known abuses, and transparency; stresses that consultation with relevant actors should be ensured at all stages as well as disclosure of all relevant project or investment-specific information to affected stakeholders;
Amendment 174 #
2015/2315(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU and EU Member States to compel companies that use raw materials or commodities that might originate in conflict- affected areas (for example,to carry out supply chain due diligence with the objective to prevent human rights abuses and avoid contributing to conflict through their mineral sourcing practices; in particular calls on the Commission and EU Member States to support in the current legislative procedure on so- called conflict minerals) to disclose their sourcing and use of such materials; mandatory supply chain due diligence requirements for companies throughout the minerals supply chain based on the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas8a; __________________ 8a https://www.oecd.org/corporate/mne/Guid anceEdition2.pdf
Amendment 181 #
2015/2315(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note with satisfaction that, as a result of the revision of the existing Accounting Directives 2014/95/EU regarding the disclosure of non-financial and diversity information, large companies and groups will be required, as from 2017, to disclose information on policies, risks and results as regards their respect for human rights and related issues; urges the EU Member States to implement the Revised Accounting Directive by 6 December 2016transpose the Directive into national laws that are clear and comprehensive, requiring a wide range of companies within their jurisdiction to report on their human rights risks and impacts and due diligence procedures in accordance with international standards; calls on the Member States to include robust monitoring and enforcement mechanisms to ensure that companies are complying with the reporting requirements;
Amendment 194 #
2015/2315(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the EU Member States to take any appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such human rights violations occur, those affected have access to an effective remedy, piercing the veil of the legal personality, when a corporation based in the EU holds, directs or controls companies that are responsible for human rights violations in third countries; calls on the EU Member States to take appropriate steps to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy;
Amendment 196 #
2015/2315(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that collective redress mechanismsalls on the EU and EU Member States to tackle financial and procedural burdens in civil litigation; considers that collective redress mechanisms including for non-EU claimants for abuses committed outside of the EU could potentially decrease the costs of litigation for victims of human rights infringements; welcomes the recommendation on collective redress adopted by the Commission9 and regrets that only a few EU Member States have complied with it; urges all EU Member States to comply with this recommendation; __________________ 9calls for common standards to allow associations to bring claims on behalf of alleged victims including for non-EU claimants for abuses committed outside of the EU; __________________ 9 OJ L 201, 26.7.2013, p. 60. OJ L 201, 26.7.2013, p. 60.
Amendment 217 #
2015/2315(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. SRecalls the necessity to assess the possible human rights impacts of trade and investment agreements and to incorporate on this basis all the needed human rights clauses and safeguards able to mitigate and address identified risks of human rights impacts; urges to introduce in those agreements binding and enforceable clauses for all the stakeholders (namely the EU, the states and the business enterprises) to respect international human rights law and standards and to set up monitoring, and remedies mechanisms able to efficiently prevent or deal with the human rights impacts of those agreements; strongly calls for the systematic inclusion in trade and investment agreements of rules on corporate liability for violations of human rights, to be implemented at national level, and of references to internationally recognised principles and guidelines; and also calls for a follow-up mechanism to also be included, to seek to operationalize this commitment;
Amendment 234 #
2015/2315(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the establishment of a necessity forum (forum necessitatis), or any other similar mechanism, which would allow claims to be brought before the courts of the EU Member States in situations where there would be a risk of denial of justice if no access to court were foreseen in the EU, where proceedings proved impossible in a third country, or where an applicant could not reasonably be expected to initiate or conduct proceedings in that state and the dispute had a sufficient connection with the EU Member State of the court seized;
Amendment 243 #
2015/2315(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that, when human rights violations are perpetrated by corporations, this action often involves personal criminal liability and calls for those responsible for such crimes to be prosecuted at whatever level; calls on Member States to address legal, procedural and practical obstacles that prevent prosecution authorities from investigating and prosecuting EU companies and their representatives involved in crimes linked to human rights abuses;
Amendment 248 #
2015/2315(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends the creation of an ‘abuse- free’ product brand at EU level, participation in which would be on a voluntary basis, monitored by an independent body governed by strict rules and endowed with powers of inspection, devoted to verifying and certifying that no abuse has been committed at any stage in the chain of production of the relevant good; recommends that the products that achieve this "abuse-free" label be given special tax exemptions and benefits;
Amendment 252 #
2015/2315(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Strongly calls on the Commission to launch a Europe wide campaign, introducing and promoting the "abuse- free" label, urging the European consumers to opt for the use of the products and companies that achieve this label and also calling on all corporations and businesses to adopt the best practices regarding their respect for human rights and related issues;
Amendment 257 #
2015/2315(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Instructs its President to forward this report to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, and the EEAS.
Amendment 147 #
2015/2104(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that the Security Council, whose composition is based on an outdated world order, must be reformed in order to reflect the new world geopolitical reality and to more effectively meet the present and future security challenges;
Amendment 249 #
2015/2104(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that this Council should also have a strong coordinative role in all other fields in the UN System but security; in light of the recurring human catastrophes linked to illegal migrations, and considering that sustainable development of the countries of origin could facilitate in the long run a drying up of illegal migration flows, is of the conviction that this Council should coordinate the work of all agencies related to this concern;
Amendment 30 #
2015/2095(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises, therefore, that merchant vessels have a significant role in rescue operations both in terms of volume and activity; points out the fact that merchant vessels have not been equipped and their staff have not been trained to make them sufficiently prepared to systematically take part in rescue operations; Therefore asks for the Commission, together with member states, to implement and finance, voluntary training courses on safety and rescue operations, for any member of a merchant vessel staff;
Amendment 31 #
2015/2002(INI)
Motion for a resolution
Recital C
Recital C
C. whereas developments in the region since 2004, but in particular in the last few years, have shown the ENP to be unablehave some difficulties to respond adequately and promptly to the rapidly changing and challenging circumstances;
Amendment 111 #
2015/2002(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the importance and timeliness of the review of the ENP; emphasises that the revised ENP should be able to provide a quick and adequate response to the situation on the ground, while also putting forward a long-term vision for developing relations with the neighbouring countries; reiterates that flexibility and reactivity should not compromise predictability and the continuity of European support;
Amendment 119 #
2015/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes in the continued value of its initially stated objective of creating an area of prosperity and good neighbourliness, based on the founding values and principles of the Union, through a deep structural transformation in the neighbouring countries; stresses therefore the need to go back to basics and bring this objective back to the top of the agenda;
Amendment 182 #
2015/2002(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges that short-, medium- and long- term priorities and strategic objectives be defined, bearing in mind that the ENP should aim to create different levels ofpromote cooperation in different areas among and with the ENP countries; stresses that in defining its approach the EU should look at its priorities and those of the individual countries concerned, together with their level of development, considering the interests of society on the whole and not only those of the political elite;
Amendment 254 #
2015/2002(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to reshape the ENP in order to build strong, strategic, lasting partnerships with the ENP countries; calls for the technical aspects of the policy to be underpinned by a clear political vision;
Amendment 263 #
2015/2002(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the ENP should deploy its own methodology and tools, which to develop stronger and more strategic relations to better correspond to the level of ambition and goals that the different ENP countries aspire to in their relations with the EUnd EU seek to achieve;
Amendment 290 #
2015/2002(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that enlargement and neighbourhood policies are separate policies with different objectives; reiterates, however, that European countries within the ENP can apply for membership if they satisfy the criteria and conditions of admissiothis should not be interpreted in any way as a prejudgement of the ability for applying for membership, as foreseen under Article 49 TEU;
Amendment 361 #
2015/2002(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the ENP to be developed into a more tailor-made and flexible policy framework able to adapt to the diversity that exists; underlines that differentiation should not take place not only between Eastern and Southern partners but also among the ENP countries themselves;
Amendment 390 #
2015/2002(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that the EU should invite non-association partner countries to engage in sectorial cooperation in line with an ‘ENP Plus' model, including the possibility of concluding sectorial agreements that would facilitate the integration of non-association partner countries into specific sectorial parts of the single area of the four basic freedoms of the EU;
Amendment 568 #
2015/2002(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the importance of free movement of people, and supports enhancing mobility within the neighbourhood, in a secure and well managed environment, through visa facilitation and visa liberaliszation within the neighbourhood, particularly for students, young people and researchers; calls on the Commission, in cooperation with the Member States, to further enhance mobility partnerships within the neighbourhood and develop possibilities for circular migration schemes, which would encourage and reward regular migrants;
Amendment 591 #
2015/2002(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that high unemployment, social exclusion and poverty, combined with the low political participation of civil societies and specially of women, are root causes of instability, and demands a strong engagement within the ENP, much beyond the Deep and Comprehensive Free Trade Areas (DCFTAs);
Amendment 610 #
2015/2002(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to explore and offer to the ENP countries different levels of participation, taking into account mutual interests, the possibility of participation on a case by case basis, cooperation and engagement in its policies, programmes and agencies, such as in EUROPOL, customs management and the Energy Community;
Amendment 13 #
2014/2230(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that more than 13 years of western intervention with numerous casualties (10 548 killed and wounded civilians in 2014 alone) have made it painfully clear that no military solution is possible in Afghanistan; stresses that the Western military presence, and especially its offensive operations, are part of the conflict and not a solution to it;
Amendment 22 #
2014/2230(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 34 #
2014/2230(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 51 #
2014/2230(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned about the high costs of the Afghan National Security Forces (ANSF), which is estimated to have reached USD 6 billion in 2014, and the lack of long-term commitments by the EU, or by other members of the international community, to finance the ANSF budget; stresses that even with the planned reduction of personnel to about 230 000 in the coming years it will be impossible for the Afghan Government to provide the necessary financing; expresses its grave concern that this may lead to a dangerous situation in which a highly militarised and equipped police and army could look for alternative ways of generating income;
Amendment 77 #
2014/2230(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the transformation of EUPOL Afghanistan into a support missioncreation of a support mission, with the collaboration of the UN, for an Afghan-led DDR process, i.a. with the goals of demobilising the various militias and reducing the total number of ANSF personnel as far and as fast as possible, without compromising security; calls on the EU and on NATO to support and adequately fund efforts for demining Afghanistan;
Amendment 104 #
2014/2230(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the presidential elections 2014; regrets that every presidential and parliamentary election in Afghanistan since 2005 has been marrked by fraud and violenceviolence and allegations of fraud; welcomes the formation of a government of national unity;
Amendment 110 #
2014/2230(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the stated intent of the new President Ashraf Ghani to make combating corruption one of his priorities; encourages the Afghan Government to engage in establishing an independent judiciary; encourages a thorough review process of the role and failures of the attempts to establish a functioning justice system, as well as of the role of the EUPOL mission in this context;
Amendment 118 #
2014/2230(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the lack of substanCalls on the new government to dedicate more political progress oncapital to human and fundamental rights since 2002, in particular with regard to women and girls in Afghanistan; calls on the new government to dedicate more political capital to this issue and, in particular, and to implement the National Action Plan for the Women of Afghanistan and the law on the elimination of violence against women (EVAW), as well as to comply with all other international treaties concerning human rights; calls on the Afghan authorities to promote the effective participation of women in all key bodies, nationally and internationally, and at all levels;
Amendment 133 #
2014/2230(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that, despite modest progress in some areas, the largWelcomes that the amounts of development aid provided so far has failed to improve significanimproved, although modestly, the social and economic situation of the majority of the population; is concerned about the high rate of unemployment (which is estimated to have reached 50 %)7 , the poor access to medical care, the poor state of the health system and the fact that more than half of the population is living in poverty; __________________ 7 German Foreign Ministry progress report on Afghanistan 2014 (‘Fortschrittsbericht Afghanistan 2014’). http://www.auswaertiges- amt.de/cae/servlet/contentblob/691670/pu blicationFile/199488/141119- Fortschrittsbericht_AFG_2014.pdf., the poor access to medical care and the high rates of poverty among the population. __________________
Amendment 137 #
2014/2230(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 149 #
2014/2230(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for an EU strategy for Afghanistan that focuses on social and economic development, in particular in rural areas where the majority of the population lives; calls on the EU to prioritise poverty alleviation and to tie development aid to Afghan public employment measures to create urgently needed jobs; recognises the need to strengthen local and regional authorities;
Amendment 160 #
2014/2230(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 168 #
2014/2230(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 178 #
2014/2230(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises the potential of Afghanistan’s resources, which are estimated to have a value of USD 900 billion; encourages the EU to assist the government to realise this potential in a way that in the first instance benefits the Afghan people rather than safeguards the profits of multinational enterprises;
Amendment 185 #
2014/2230(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Appreciates the fact that today between 8 aaround 98 million (ca. 80 %) of Afghan children attend school (whereof 40 % are girls), which is a significant increase compared to the situation in 2001, when the figure was one million, but is concerned about the low school graduation rates, and about the fact that the estimated national adult literacy rate for citizens aged 15 and older is still very low (34 %, of which women account for 18 % and men for 50 %);
Amendment 186 #
2014/2230(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Draws attention to the immense challenge of employing the approximately 400 000 young Afghans that enter the workforce each year; notes that if this challenge is not tackled urgently and systematically, it can contribute to further poverty and radicalisation; asks the EU to focus its aid programmes on efforts to ensure employment opportunities and a meaningful life for Afghan youth;
Amendment 190 #
2014/2230(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the importance of efforts to phase out opium cultivation in Afghanistan, but notes that they have had little success so far; calls, in this regard, for viable alternative livelihoods and for measures to help improve living conditions for populations in rural areas in general; urges the EU to consider, together with its international partners, a fundamental review of the counter-narcotics policies they are currently pursuing in Afghanistan, ensuring that they fit into a wider development strategy; proposes that measures be taken to fight money- laundering and that the creation of massive subsidy programmes for cropscrops substitution programs should be considered;
Amendment 195 #
2014/2230(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points out that opium cultivation and production in Afghanistan reached record levels in 2014; recognises the fact that Afghanistan suffers one of the world’s highest prevalence rates for opiate use, and that 100 000 people around the world are killed by Afghan opium each year; urges the Afghan authorities, and all other parties concerned, to combat transnational organised crime and drug trafficking;
Amendment 2 #
2013/0250(NLE)
The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to recommend that Parliament decline to give its consent to the draft Council decision on the conclusion, on behalf of the Union of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data.
Amendment 47 #
2011/0023(COD)
Proposal for a directive
Recital 7
Recital 7
(7) PNR data enable law enforcement authorities to identify persons who were previously ‘unknown’, i.e. persons previously unsuspected of involvement in serious crime and terrorism, but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities, including individuals who may be travelling for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training. By using PNR data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processed.
Amendment 62 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 74 #
2011/0023(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Transfers of PNR data by Member States to third countries should be permitted only on a case-by-case basis and in compliance with Framework Decision 2008/977/JHA. To ensure the protection of personal data, such transfers should be subject to additional requirements relating to the purpose of the transfer, the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country. The transfer of the said data to any other country should only be allowed when authorised by the original Member State and on a case-by- case basis.
Amendment 86 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only by the Member State's competent authority, and only for the following purposes:
Amendment 95 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘air carrier’ means an air transport undertaking with a valid operating licence or equivalent permitting it to carry out carriage by air of passengers;
Amendment 97 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ’international flight’ means any scheduled or non-scheduled flight by an air carrier planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer or transit flightschartered flights, private planes, privately freighted flights, as well as any transit flights where passengers disembark;
Amendment 98 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ’push method’ means the method whereby air carriers transfer the required PNR data into the database of the authority requesting them;
Amendment 99 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘terrorist offences’ means the offences under national law referred to in Articles 1 to 4 of Council Framework Decision 2002/475/JHA, including individuals who may be travelling for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts, or the providing or receiving of terrorist training;
Amendment 110 #
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 only 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.
Amendment 128 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are alreadybeing collected byin them normal course of their business, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 132 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Air carriers shall transfer PNR data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of Articles 13 and 14 or, in the event of technical failure of the air carriers, by any other appropriate means where possible, ensuring an appropriate level of data security:
Amendment 134 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) once 24 to 48 hours before the scheduled time for flight departure;
Amendment 140 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On a case-by-case basis, upon request from a Passenger Information Unit in accordance with national law, air carriers shall transferprovide PNR data where access earlier than that mentioned in point (a) of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime.
Amendment 179 #
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 30 days after the 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 five 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 believdemonstrated 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 prosecution.
Amendment 189 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport.
Amendment 195 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities. These logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those five years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 197 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precisepassengers of international flights are informed in a timely manner about the provision of PNR data to the Passenger Information Unit, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and serious crime, the possibility of exchanging and sharing such data and their data protection rights, in particular the right to complain to a national data protection supervisory authority of their choice. The same information shall be made available by the Member States to the public.
Amendment 7 #
2008/0000(INI)
Motion for a resolution
Recital A
Recital A
A. whereas raw materials and commodities should be understood as agricultural food products, agricultural primary commodities, metals, minerals and energy productsll products which serve as input in the industrial process,
Amendment 18 #
2008/0000(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Union is highly dependent on imports of raw materials such as minerals and chemicals,
Amendment 59 #
2008/0000(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the Commission and EU companies to promote and invest in the transfer of environmental friendly technologies;
Amendment 62 #
2008/0000(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the European Union must phase out export refunds and harmful tariff escalation, as well as supportSupports developing countries in identifying and implementing rules regarding special products and effective safeguard mechanisms for the sustainability of their markets and production;
Amendment 67 #
2008/0000(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to incorporate social clauses on decent work in all bilateral and multilateral trade agreements;
Amendment 69 #
2008/0000(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission, once the ILO conventions have been ratified, to evaluate their effective implementation and report to the European Parliament on this issue on a regular basis;
Amendment 86 #
2008/0000(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to step up its efforts to obtain an international agreement on conflict resources whose primary objective would be to forbid all trade in resources fuelling or resulting from armed conflicts, insists in the meantime on the development of a regulation prohibiting the trading and marketing of conflict resources in the European Union and urges allsupports developing countries involved promoting the diamond trade to subscribe fully to the Kimberley certification scheme for international trade in rough diamondstransparent and equitable management of natural resources through initiatives such as the Kimberley certification scheme for international trade in rough diamonds, the Forest Law enforcement Governance and Trade (FLEGT) and the Extractive Industry Transparency Initiative (EITI);
Amendment 6 #
2007/2198(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
13a. having regard to the evaluation report of the external consultancy Mayer, Rowe and Maw LLP, entitled “Evaluation of EC Trade Defence Instruments” (December 2005),
Amendment 7 #
2007/2198(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
13b. having regard to the document of the Commission entitled “Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy” (19 November 2007),
Amendment 10 #
2007/2198(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the results of the public consultation are available in the document entitled "Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy" (19 November 2007),
Amendment 11 #
2007/2198(INI)
Motion for a resolution
Recital B
Recital B
Amendment 12 #
2007/2198(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the evidence available regarding the EU's application of TDIs, as quoted in the Commission's summary of the 2005 study Evaluation of EC trade defence instruments, shows that 'the status quo is both reasonable and adequate in order to address the interests of all groups of parties', which raises substantial doubts about the urgency and need to amend these instruments,
Amendment 15 #
2007/2198(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in the absence of internationally agreed upon competition rules in the WTO currently leaves no alternative but TDIs to, TDIs are the only suitable solution for dealing with unfair trade practices,
Amendment 22 #
2007/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
Amendment 27 #
2007/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not and is not currently designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 32 #
2007/2198(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, in a globalised world, EU companies need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the Union,
Amendment 41 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
- 1. Asks the Commission to take into account the results of the Green Paper for public consultation (COM(2006)0763) and the results of the independent study that it ordered, as both reflect the legitimate interests of all stakeholders;
Amendment 45 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 51 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors and to avoid distorting effects in international trade;
Amendment 54 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 59 #
2007/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the EU already has a TDI regime with higher standards, resulting in more stringent application, than other trading partners especially with regard to the initiation, course and subsequent outcome of these investigations;
Amendment 62 #
2007/2198(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 68 #
2007/2198(INI)
Amendment 75 #
2007/2198(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the current EU TDI system already takes due account of the rightful and legitimate interests of all European stakeholders, as was stated by the majority of governments and stakeholders during the public consultation on the above-mentioned Green Paper;
Amendment 76 #
2007/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 81 #
2007/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 84 #
2007/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to act accordingly in order to instil social and environmental considerations into the reform of antidumping rules during the WTO negotiations, based on the international fundamental social and environmental standards that already exist;
Amendment 85 #
2007/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2007/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 90 #
2007/2198(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention, dual pricing and violations of IPR, which greatly affect fair competition in international markets;
Amendment 93 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 99 #
2007/2198(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission to maintain its strict criteria when initiating new TDI investigations in order to guarantee that prima facie evidence is provided by the complainants and that all the AD conditions for initiation are met;
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
2007/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is worried about the increasing use by the Commission of ex officio review in order to restrict or terminate measures in force;
Amendment 105 #
2007/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 108 #
2007/2198(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 112 #
2007/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 116 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 125 #
2007/2198(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" so as to take greater account of the interests of those companies which have moved or subcontracted part of their production outside the Union in so far as those companies are not affected by the duties unless they engage in dumping or receive subsidies;
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 128 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to open anti- dumping and countervailing procedures and to impose provisional duties as soon as possible when all the legal requirements have been met, including a threat of injury for the industry concerned;
Amendment 129 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that anti-dumping procedures should always give priority to the need to restore a level playing field, as the effects of unfair competition in the long run are against the interests of all participants in the Community market;
Amendment 130 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers therefore that the analysis of the impact on other interests can only justify the non-imposition of anti- dumping measures in exceptional cases, where it is obvious that defence measures will not be able to improve the situation of Community producers, and in any event cannot justify a downward adjustment in the level or duration of the duties imposed;
Amendment 131 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on the Commission to maintain its current practice that ensures the use of realistic and suitably motivated requirements when choosing an "analogue country" for investigative procedures;
Amendment 132 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Considers that the countervailing duty and the anti-dumping instrument are two distinct instruments with their own scope of application that could be used in a complementary way;
Amendment 133 #
2007/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 135 #
2007/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 137 #
2007/2198(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties; calls on the Hearing Officer to submit, following an independent analysis, to the European Parliament periodic reports in particular on the handling of cases by the Commission, including the conformity of the administrative practices with the basic regulations, and on the synthesis of its activities; stresses that for the sake of transparency and ensuring a meaningful role for the Hearing Officer, his/her reports following individual interventions should be made known to interested parties and the Antidumping Committee;
Amendment 138 #
2007/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 140 #
2007/2198(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to increase the transparency and predictability of the procedure of TDI investigations in the EU, to accelerate and simplify procedures, as well as to facilitate the accessibility of TDIs for SMEs, as they constitute the majority of the European industrial sector;
Amendment 143 #
2007/2198(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;
Amendment 145 #
2007/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
2007/2198(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 147 #
2007/2198(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 154 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 162 #
2007/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 164 #
2007/2198(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Urges the Commission to guarantee that the process of decision-making in TDI investigations is based on transparent and objective standards;
Amendment 165 #
2007/2198(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 167 #
2007/2198(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 170 #
2007/2198(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Underlines that the legal certainty and the legal framework within which TDI investigations are conducted, are fundamental taking into account that the standard court procedure takes too long to properly address possible flaws in TDI investigations; underlines the need to ensure that interested parties have recourse to expedited judicial review;
Amendment 174 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 177 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Asks for a greater share competence for other services of the Commission when conducting investigations, in order to guarantee the transparency and effectiveness of all TDI investigation procedures;
Amendment 178 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Calls for real and strong involvement of the European Parliament, in order to improve the credibility and transparency of the trade defence policy in general and of TDIs in particular;
Amendment 179 #
2007/2198(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 182 #
2007/2198(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Highlights and welcomes the fact that, through the ratification of the Treaty of Lisbon, the European Parliament will gain co-decision power in TDI matters; therefore requests the Commission not to introduce any kind of changes to the TDI procedures until the ratification of the Treaty;
Amendment 183 #
2007/2198(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 185 #
2007/2198(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that, under the Community interest test, the interests of Community producers must be given priority over other interests at stake;
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 190 #
2007/2198(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Asks the Commission to use the Community interest test only as a last resort and to always address the removal of injurious dumping as its first priority;
Amendment 193 #
2007/2198(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 195 #
2007/2198(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 198 #
2007/2198(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Stresses that, given that TDIs are a concept developed within the WTO mandate, it can hardly be advisable to engage in a process of unilateral revision of such instruments: reciprocity, as well as parallel steps towards their revision, on a multilateral level, namely on the part of the major EU trading partners, should be a precondition for this initiative; recalls that for the time being TDIs are the sole instruments in international trade law to address unfair trading practices;
Amendment 199 #
2007/2198(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 201 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Asks the Council to demonstrate solidarity when dealing with TDIs, in order to guarantee that European industry and its workers are effectively protected when confronted with unfair competition;
Amendment 203 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 204 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 207 #
2007/2198(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Urges the Commission not to propose a reform of the European regulation on TDI while the WTO negotiations are ongoing and until a real consensus is found among stakeholders and Member States;