Activities of David HAMMERSTEIN
Plenary speeches (76)
Electronic communications networks, personal data and the protection of privacy - Electronic communications networks and services - Body of European Regulators for Electronic Communications (BEREC) and the Office - Frequency bands for mobile communications (debate)
25th annual report from the Commission on monitoring the application of Community law (2007) (debate)
Amendment of Regulation (EC) No 717/2007 (mobile telephone networks) and Directive 2002/21/EC (electronic communications) (debate)
Public access to European Parliament, Council and Commission documents (debate)
The Barcelona Process: Union for the Mediterranean (debate)
Voting rights for non-citizens of Latvia in local elections (debate)
Consequences of the recent gas crisis - Second Strategic Energy Review - Challenge of energy efficiency through information and communication technologies (debate)
Situation in the Middle East/Gaza Strip (debate)
Toys Directive (debate)
Israel’s participation in Community programmes - Israel’s participation in Community programmes (debate)
Citizens’ petitions during the year 2007 (A6-0336/2008, David Hammerstein) (vote)
Citizens' petitions during the year 2007 (debate)
Citizens' petitions during the year 2007 (debate)
Electronic communications networks and services - European Electronic Communications Market Authority - Common approach to the use of the spectrum released by the digital switchover - Electronic communications networks and services, protection of privacy and consumer protection (debate)
Cloning of animals for food supply (debate)
Situation in China after the earthquake and before the Olympic Games (debate)
Environmental impact of the planned gas pipeline in the Baltic Sea to link up Russia and Germany (debate)
Green Paper on better ship dismantling (debate)
Framework for the activities of lobbyists in the EU institutions (debate)
European satellite radionavigation programmes (EGNOS and Gallileo) (debate)
Statute of the European Ombudsman (debate)
New Flame shipwreck and its consequences in Algeciras Bay (debate)
Lebanon (debate)
Data protection and consumers' rights (debate)
Situation in Gaza (debate)
Future of Europe (debate)
Council's strategy for the Bali Conference on Climate Change (COP 13 and COP/MOP 3) (debate)
Report on the deliberations of the Committee on Petitions during the year 2006 (debate)
European Institute of Technology (debate)
Road Map for renewable energy in Europe (debate)
Consumer confidence in the digital environment (debate)
Fact-finding mission to the regions of Andalusia, Valencia and Madrid (debate)
Broadband (debate)
Middle East (debate)
Via Baltica (debate)
Roaming on public mobile networks (debate)
Innovation Strategy (debate)
Galileo (debate)
Enforcement of intellectual property rights (criminal measures) (debate)
Illegal bird hunting in Malta (debate)
Implementation of the Seventh Framework Programme of the EC and the EAEC (debate)
Ombudsman's 2005 annual report (debate)
The protection and welfare of animals 2006-2010 (debate)
Nanosciences and nanotechnology (debate)
Removal of fins of sharks on board vessels (debate)
Situation in the Middle East (debate)
Investing for growth and employment (debate)
Seventh framework programme – Nuclear research and training activities (2007-2011) (debate)
Suspension of aid to the Palestinian authority (debate)
Openness of meetings of the Council when acting in its legislative capacity - Access to the institutions documents - (debate)
Openness of meetings of the Council when acting in its legislative capacity - Access to the institutions documents - (debate)
Euro-Mediterranean policy/preparation for the next meeting of the Euro-Mediterranean Parliamentary Assembly (debate)
Fourth World Water Forum in Mexico City (16-22 March 2006) (debate)
Confiscation of automobiles by the Greek authorities (debate)
European communication strategy - White Paper
Results of the elections in Palestine and situation in the Middle-East, and the Council's decision not to publish the report on East Jerusalem
Situation in the Middle East
Land law in Valencia
One-minute speeches on matters of political importance
REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals)
Activities of the European Ombudsman (2004)
Situation in the Middle East
Patentability of computer-implemented inventions
Phthalates in toys and childcare articles
The information society
Guidelines for future European Union policy to support research
EU resources for research
Situation in the Middle East
Constitution for Europe
Order of business
Activities of the European Ombudsman (2003)
Situation in Cuba
Naval sonars
Situation in the Middle East
Recent environmental disasters (fires in southern Europe)
Consequences of the shipwreck, off the Turkish coast, of a ship containing toxic ash
Reports (3)
REPORT Report on the deliberations of the Committee on Petitions during the parliamentary year of 2007 PDF (192 KB) DOC (132 KB)
REPORT Report on the proposal for a Council decision concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre under the 7th Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) PDF (259 KB) DOC (229 KB)
REPORT Report on the Special Report from the European Ombudsman to the European Parliament following the draft recommendation to the Council of the European Union in complaint 2395/2003/GG PDF (158 KB) DOC (95 KB)
Opinions (6)
OPINION Proposal for a regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents
OPINION Proposal for a directive of the European Parliament and of the Council on the safety of toys
OPINION Green paper on better ship dismantling
OPINION Consumer confidence in the digital environment
OPINION Amended proposal for a directive of the European Parliament and of the Council on criminal measures aimed at ensuring the enforcement of intellectual property rights
OPINION Proposal for a Directive of the European Parliament and of the Council amending Council Directive 67/548/EEC in order to adapt it to Regulation (EC) of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals
Written declarations (4)
Amendments (229)
Amendment 2 #
2008/2301(INI)
Motion for a resolution
Recital C
Recital C
C. bearing in mind that several of the recommendations adopted in the 2007 Annual Report are yet to be implemented by Parliament's authorities, such as the request for an urgent improvement of the administrative resources, including linguistic and legal expertise, of its Committee on Petitions in order to increase Parliament's capacity to conduct independent investigations of petitions addressed to it,
Amendment 7 #
2008/2301(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas Parliament has considered that it would be legitimate for it to make use of its powers under Article 230 of the EC Treaty, if this were necessary in order to put an end to a serious infringement of Community law which has been revealed in the course of the examination of a petition and where a significant difference of interpretation persists, despite efforts to resolve it, between Parliament and the Commission, as regards the action required under Community law for the protection of citizen's rights in the case concerned,
Amendment 8 #
2008/2301(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas, under Article 230 of the EC Treaty, Parliament has the right to bring actions before the Court of Justice of the European Communities (ECJ) under the same conditions as the Council and the Commission and, pursuant to Article 201 of the EC Treaty, Parliament is empowered to exercise control over the activities of the Commission and thus has at its disposal both the legal and the political instruments to respond more effectively to citizens' legitimate concerns,
Amendment 9 #
2008/2301(INI)
Motion for a resolution
Recital N
Recital N
N. Wwhereas, when a Member State has, in the opinion it should be recalled that, pursuant to Article 6 of the EU Treaty, the Union is founded ofn the committee responsible, failed to respect the fundamental rights of European citizens who petition the Parliaprinciples of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which also constitute a basic element, or has otherwise failed to properly implement the objectives of EU Directives, the European Parliament should also consider new procedural options, similar in kind to Rule 95;f the Copenhagen criteria for accession to the EU, and whereas Article 7 of the EU Treaty lays down specific procedures which can be initiated for serious and persistent breaches of the principles mentioned, or a clear risk thereof,
Amendment 10 #
2008/2301(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas increased concerns over energy supply security have resulted in projects for pipelines for natural gas, as well as for liquefied natural gas which, in particular when rushed through without proper evaluation of risks and alternatives, has raised petitioners' concerns over insufficient consideration of potential serious risks for the environment and human health and safety in respect, notably, of projects in the Baltic Sea, Wales and Ireland,
Amendment 11 #
2008/2301(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas it is evident from the examination of petitions that the lists of projects mentioned in the Annexes to Directive 85/337 on environmental impact assessments(as amended by Directive 97/11) do not cover a number of important installations and activities which have emerged after the latest amendments to the Annexes, such as, re- gasification plants and bio-diesel plants,
Amendment 12 #
2008/2301(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Oc. whereas the many petitions on the Natura 2000 network have continued to show that ending loss of biodiversity constitutes a major challenge for the Union and that the Habitats and Birds Directives constitute basic and indispensable tools for fulfilling the EU's commitment to end biodiversity loss by 2010,
Amendment 13 #
2008/2301(INI)
Motion for a resolution
Recital O d (new)
Recital O d (new)
Od. whereas the examination of petitions has also shown that the lack of sufficient sources of fresh water frequently is aggravated by other factors such as expanding demand for water due to excessive urbanisation and leisure projects, inadequate maintenance of infrastructure and prevention of leakage, intensive use of water by industrial agriculture and a pricing policy which does not encourage sustainable use of water,
Amendment 25 #
2008/2301(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the European Parliament cannot deem as admissible, petitions which seek to appeal against decisions of competent member state authorities or judicial bodies, acting under the principle of subsidiarity, that is, when neither Community law nor the basic principles on which the Union is founded are relevant;
Amendment 29 #
2008/2301(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that the recognition of the essential role and competence of national, regional and local authorities in proposing and implementing programmes and projects within the objectives of European cohesion funding must be accompanied by effective verification that authorities on all levels of government assume their respective responsibilities in assuring that European funding is not used for purposes which contravene EU law or the policies covered by the funding;
Amendment 30 #
2008/2301(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 31 #
2008/2301(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that Parliament has considered that allegations of serious infringements of Community law, which the Committee on Petitions has deemed well founded in the course of the examination of petitions but which the Member State concerned refuses to admit and which are likely to set a precedent at the national level, should ultimately be examined by the ECJ in order to ensure consistency and coherence in Community law and the reality of the internal market;1
Amendment 34 #
2008/2301(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes the view that, as there are clear indications that the objective of ending biodiversity loss in the EU by 2010 cannot be achieved, urgent action must be taken in order to render the application of the Habitats and Birds Directives more effective and calls on the Commission to do its utmost to ensure that the directives are applied by the Member States in a manner which is consistent with this objective;
Amendment 37 #
2008/2248(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the Commission, at the request of the Committee on Petitions, has launched an investigation into more than 250 urbanisation projects which have received a negative opinion from the cCompetent water authorities and river basin authorities and approvinforming that there is no Water for these urbanisations. These urbanisations without water resources contravene the Water Framework Directive. Spain has to reach the mid and long-term goals of which is pending in Andalucía, Castilla-la- Mancha, Murcia and Valencia, the Frame water Directive and the construction of urbanisations without the Water authorities permission would be likely to jeopardise the Directive ´s objectives,
Amendment 38 #
2008/2248(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas many of these urbanisations are detached from consolidated urban Areas which required great expenditures in basic services like electricity, water and road infrastructure; whereas these investments often include EU funding,
Amendment 51 #
2008/2248(INI)
Motion for a resolution
Recital X
Recital X
X. whereas many thousands of European citizens have, in different circumstances, bought property in Spain in good faith acting with local lawyers, town planners and architects, only to find later that they have become victims of urbanisation abuse by unscrupulous local authorities and that, asnd have become victims of misleading and abusive practices by the relevant local actors in the field of urbanisation and as result, their property faces demolition without appropriate compensation, because their homes have been found to be illegally built and therefore worthless and unsaleable,
Amendment 55 #
2008/2248(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the natural Mediterranea number of urban island and coastal areas of Spain have suffered extensive destruction in the last decade as cement and concrete have saturated these regions in a way which has affected not only the fragile coastal environment much of which is nominally protected under the Habitats3/Natura 2000ations have built in designated Natura 2000 Areas apparently without respect for the Habitat and Birds4 Directives but also the social and cultural activity of many areas, which constitutes a tragic and irretrievable loss to their cultural identity and heritage as well as to their environmental integrity, and all this primarily because of the greed and speculative behaviour of certain local authorities and members of the construction industry who have succeeded in deriving massive benefits from their activities in this regard, most of which have been exported, such as urbanisations in Cabo de Gata (Almeria) as well as urbanisations in Murcia,
Amendment 94 #
2008/2248(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Expresses concern over the lack of correct transposition of the Directives (2005/60/CE) and (2006/70/CE) on money laundering, now subject to infringement proceeding, that has limited the transparency and legal pursuit of illicit circulation of financial capital including investments in certain large urbanisations projects;
Amendment 101 #
2008/2248(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses concern over the urban planning situation of the municipality of Marbella in Andalusia where tens of thousands of homes built illegally, that probably contravene EU legislation on environmental protection and public participation, water policy and public procurement, are about to be legalised by a new general plan for the town, with the absence of legal certainty and safeguards for home buyers, property owners and citizens in general;
Amendment 6 #
2008/2239(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that relations and partnerships with key energy suppliers, transit countries and consumer countries are important and must be deepened; underlines that in some casespoints out, however, that the deepening of those relations and partnerships should in no circumstances take place to the detriment of the EU's founding values with regard, in particular, to respect for human rights; underlines in this regard that the development of confidence and deeper and legally binding ties between the EU and producer and transit countries is neededshould go hand in hand with the promotion of, and respect for, democracy, human rights and the rule of law; calls for the development and adoption of policies and concrete measures to these ends;
Amendment 10 #
2008/2237(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the current patent system can have negative effects on SMEs,
Amendment 55 #
2008/2237(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is convinced that the flow and exchange of information and ideas should not be hindered by overly rigid rules on intellectual property rights (IPR) that could harm the necessary innovative environment in particular for SMEs which are especially vulnerable;
Amendment 57 #
2008/2237(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes the importance of creating cooperative networks of SMEs working in geographical and knowledge-based clusters with common goals of research and innovation and development of products;
Amendment 58 #
2008/2237(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. In order to ensure a level-playing field for SMEs, calls on the Commission to favour a market environment that is not conditioned by the dominant position of large companies on a geographical or sectoral level;
Amendment 61 #
2008/2237(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to create better framework conditions aimed at promoting innovation by SMEs, in particular by introducing ways to improve the protection of intellectual property and to fight against counterfeiting and fraud more effectivelyso as to make it more accessible to SMEs;
Amendment 69 #
2008/2237(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is strongly convinced that patents (including the Community patent) could play an increasingly important role in innovation and economic performance, since they have the potential to enable innovators to capture the returns from innovative investments and provide the necessary security for investment, equity and loans;
Amendment 70 #
2008/2237(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Draws attention to the problems that patents can present for SMEs on grounds of cost and lack of flexibility with the result that patent protection is not necessarily adapted to the current pace of the economy and in particular not for smaller actors thereby reinforcing monopolist behaviours;
Amendment 71 #
2008/2237(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recommends a more flexible patent regime which could result in a positive reduction in the economic burden on innovative SMEs;
Amendment 1 #
2008/2231(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. BelievesTakes the view that the proposal ‘Barcelona Process: Union for the Mediterranean’ (BP:UfM), adopted by the Heads of State and Government at the Summit for the Mediterranean that took place in Paris on 13 July 2008, will constitutes a step towards economic and regional integration between the Mediterranean countries; welcomes if it is able to deliver on promises and yield concrete and visible results; points out that the opening-up to countries not involved in the partnership andenhances the possibilities of attaining the objective of establishing parity relations between the European Union and the Mediterranean partner countries and tackling the problems of the region in a comprehensive way;
Amendment 10 #
2008/2231(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees with the decision to place the emphasis on a multilateral framework by pinpointing certain large-scale projects to be implemented using the new instruments under the BP:UfM; nevertheless highlights the lack of any strategies for economic or regional integration in the Mediterranean basin to support those projects and the role of local communities in this context;
Amendment 34 #
2008/2231(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that one of the weakest points of the Euro-Mediterranean Partnership has been the lack of awareness of public opinion and the absence of involvement of local communities in the development of the process; therefore calls for further and more effective efforts to enhance the visibility of the BP:UfM, improve people- to-people contacts and increase the participation of local communities and civil society organisations in the definition and adoption of the proposed projects;
Amendment 38 #
2008/2231(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the fact that some of the countries participating in the BP:UfM are not part of the Barcelona Process; calls on the Council, the Commission and all the States participating in the BP:UfM to maintain, in this connection, a cohesive framework of relations in which it is clear that the Union for the Mediterranean is an expression of that partnership process and that its purpose is economic and regional integration between the countries of the Mediterranean basin; takes the view that the inclusion of all the Mediterranean countries in the BP:UfM provides the opportunity to deal with the problems of the region in a more comprehensive manner and to link and coordinate the process with already existing programmes such as the UNEP Mediterranean Action Plan in a more effective way;
Amendment 41 #
2008/2231(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges that, in line with the Paris Declaration, the presence of the Arab League at meetings of the BP:UfM should not endlessly be called into question, and hence be allowed to make an active contribution to discussions and to the peace process;
Amendment 50 #
2008/2231(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Hopes that the strengthening of Euro- Mediterranean relations will contribute to completion of the project forgive a boost to the development of an area of peace and prosperity; emphasises that this aim can only be achieved through negotiatedthe stepping-up of negotiations with a view to finding a lasting and comprehensive settlement of the conflicts in the region; highlights the urgent need for a shared security doctrine with the Arab countries, including those of the Persian Gulf, and with all the Mediterranean countries; takes the view that this new shared security doctrine should be based on a process of gradual demilitarisation and disarmament of the region with a view, in particular, to creating a zone free of nuclear weapons and of weapons of mass destruction;
Amendment 54 #
2008/2231(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the importance of promoting human rights and the rule of law; calls for an assessment of what has been achieved so far and for adjustment of the instruments implemented under the partnership, including as regards other international organisations such as the Council of EuropePoints out that one of the main goals of the Euro-Mediterranean policy is to promote the rule of law, democracy, respect for human rights and political pluralism, and considers, in this regard, that the Euro-Mediterranean partnership has not led to the expected results in the area of human rights;
Amendment 59 #
2008/2231(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Therefore calls on the Council and the Commission to clearly enshrine the promotion of human rights and democracy in the objectives of this new initiative, to further strengthen the implementation of existing mechanisms such as the human rights clause contained in the Association Agreements and to promote the creation of a mechanism for the implementation of that clause in the new generation of agreements, the ENP bilateral Action Plans and the setting-up of sub- committees on human rights;
Amendment 60 #
2008/2231(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls, moreover, for the setting-up of a Euro-Mediterranean Court of Human Rights giving all citizens of countries that have signed the Barcelona Declaration the right to lodge complaints in cases of human rights violations;
Amendment 78 #
2008/2231(INI)
Motion for a resolution
Recital C
Recital C
C. whereas there is a need for an extensive and results-oriented overhaul of the relations between the European Union and the Mediterranean partner countries, which should start by capitalising on the work already done but also address the limitations and the shortfalls of the policies implemented to date and in particular the disappointing track record of the Barcelona Process,
Amendment 81 #
2008/2231(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the analysis of the achievements and shortcomings of the Barcelona Process should be duly taken into consideration so as to enable Euro-Mediterranean relations to be revisited in an efficient way and to give a new impetus to the Barcelona Process; whereas it is important in this regard to address the difficulties encountered in the development of cooperation and in the deepening of the Euro-Mediterranean partnership, such as the persistence of the conflict in the Middle East and serious political tensions in the region (as in the case of Western Sahara), the lack of progress in the field of democracy and human rights and the lack of public awareness of the process,
Amendment 82 #
2008/2231(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the neighbourhood policy conducted with the Mediterranean countries has its limitations and, by placing the emphasis on bilateral relations, is proving to be lacking in balance and unable to contribute to a shared process of significant reform in the region,
Amendment 86 #
2008/2231(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas since the launching of the Barcelona Process no substantial progress has been made in some of the partner countries as regards adherence to, and respect for, some of the common values and principles highlighted in the 1995 Barcelona Declaration to which they subscribed, especially as regards democracy, human rights and the rule of law,
Amendment 89 #
2008/2231(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is a need to promote regional and economic integration between the countries of the Mediterranean basin; whereas genuine regional and economic integration can only be achieved if concrete progress is made as regards the settlement of the existing conflicts,
Amendment 6 #
2008/2212(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the EU's nascent energy policy will remain weak as long as there is no suitable Treaty basis for energy and energy security and it lacks a coherent strategy vis-à-vis its main external suppliers; supports the Lisbon Treaty, which contains an energy solidarity clause and makes energy policy a shared responsibility between the EU and the Member States, as a step in the right direction; points out that the heavy dependency of the EU on fossil fuels may undermine the coherence and effectiveness of its common foreign and security policy;
Amendment 9 #
2008/2212(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes with concern energy nationalism among the key energy players and increasingly politicised energy relations between the oil exporting and importing countries, including a higher risk of tensions and conflicts; strongly supports the Commission's proposal that the EU should engage in close dialogue with key oil suppliers such as Norway, OPEC and Russia, with a view to reinforcing energy interdependence and energy security for the whole of the EU, with a particular focus on greater efficiency, equal market access, non-discrimination and transparency; commends the Commission on its work on intensifying energy dialogues, resulting in particular in a number of memoranda of understanding with the eastern neighbours and Central Asian countries, and looks forward to more progress with southern partners; stresses that energy dialogues should in no way take place at the expense of frank and results-oriented dialogues on human rights; strongly backs the Commission's intention to monitor competition in the processing, production and sale of oil and petroleum products;
Amendment 12 #
2008/2212(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the importance of greater diversification of the EU's energy sources and supply routes, in order to mitigate the effects of a possible future oil crunch, while recognising the diversity of situations in which various Member States find themselves when it comes to energy mix, import dependency and infrastructure availability, particularly for 'energy islands' in the EU; supports a greater use of sustainable biofuels and acknowledges the importance of nuclear energy in order to improve energy securityrenewable energy sources; notes that non- conventional oil is expected to play an important role in counterbalancing the decline in production from existing fields; underlines that new oil infrastructure projects such as the Odessa-Gdansk and Constan a-Trieste pipelines should continue to be high-priority projects of European interest;
Amendment 2 #
2008/2204(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the fact that in the face of rising exclusion, transport costs, climate change, and the North-South economic divide, the Internet presents tremendous opportunities;
Amendment 3 #
2008/2204(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points to the fact that the Internet presents exciting opportunities for companies, both small and large, and urban and rural, to sell products online; also points out that existing services can increasingly be provided online; and that thanks in particular to the advent of affordable, high quality voice and video communications, people can communicate easily wherever they are in the world, including the potential to receive payment for services provided on an entirely 'remote' basis;
Amendment 5 #
2008/2204(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that the full potential of e- commerce, e-communications and the Information Society as such has not yet been fully exploited, in particular by SMEs, and that these developments present huge opportunities for disadvantaged communities, bypassing traditional boundaries and distances;
Amendment 6 #
2008/2204(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points to the fact that the internet makes it possible to distribute immaterial goods in an innovative way;
Amendment 9 #
2008/2204(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that preserving the openness and neutrality of the Internet in Europe and beyond is a pre-condition for its continuous growth, as well as that of the wider economy and global trade which increasingly ‘run’ on Internet technologies;
Amendment 10 #
2008/2204(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that confident consumers and business partners are the key to the further development of e-commerce; and that the security of networks, combating fraud and the protection of privacy, and personal data and IPR are essential in creating trust;
Amendment 16 #
2008/2204(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on content providing companies to exploit fully the possibilities offered by the internet and to engage where possible in innovative business models;
Amendment 17 #
2008/2204(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the MS to ensure that new digital trade barriers (physical infrastructure, human and legal capacity, non-tariff barriers) are anticipated and countered in existing and new commitments; interoperability, interconnectivity and issues related to internet governance should also be addressed in this context; furthermore, calls on the Commission and the Member States to ensure that efforts to reduce hidden trade barriers begin as soon as possible by completing the single market for e-communications and digital content and by reinforcing e-commerce in audiovisual services, in the interest of consumers and the competitiveness of European industry; also calls on the Commission and the Member States to extend the mutual recognition principle to cover electronic communications;
Amendment 20 #
2008/2204(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recommends that security needs are balanced with respect for fundamental freedoms and the encouragement of creativity and dissemination of knowledge;
Amendment 21 #
2008/2204(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission and Member States to maintain where appropriate, Internet-related regulation at inter- governmental level (in addition to such regulation which exists at national and EU level) and to ensure that regulation at all levels is minimal and focused rather than unduly onerous, so that it is beneficial;
Amendment 22 #
2008/2204(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission and the MS to encourage SMEs to 'go online' and to organise platforms for sharing information and exchanging best practices and recommends that the Commission and the MS promote public procurement through electronic use, taking great care to ensure e-Accessibility.
Amendment 1 #
2008/2183(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the strong link between the new cohesion policy for 2007-2013 and the Lisbon agenda; notes with satisfactionfurther that of the EUR 347 billion reserved for cohesion policy, more than 65% is "earmarked" for Lisbon-related expenditure, such as innovation, research and human capital; deplores, however, the shift in the Lisbon earmarking from cohesion to competitiveness that favours big infrastructure projects and neglects sustainable development strategies and the 'bottom-up' programming process;
Amendment 2 #
2008/2183(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses serious concern about the relatively limited amount of funds reserved for actions to tackle climate change, in particular on adaptation to climate change, and to improve energy efficiency and renewable energies; is convinced that much more investment is required in this area; considers that, in the light of the mid- term review of the implementation of the Structural Funds, stronger EU guidelines and increased financial resources must be allocated to serve these objectives; in this respect, calls on the Commission to present proposals to finance the construction of up to 12 demonstration plants with carbon capture and storage by 2015follow up on the Conclusions of the Competitiveness Council of 9 and 10 October 2008 on energy efficiency and to substantially open up the possibility for regions to obtain Structural Funds for energy efficiency measures, especially in buildings;
Amendment 6 #
2008/2183(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers the financial resources earmarked for the trans-European energy networks insufficient, since they are vital for the completion of the internal energy markeUnderlines the key role and development potential that decentralised renewable energies represent for EU regions, both to create jobs and to foster sustainable local development;
Amendment 7 #
2008/2099(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the benefits of the use of the radio spectrum will be maximised through coordinated action at EU level in order to ensure optimal use from a combined social and economic perspective,
Amendment 20 #
2008/2099(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas technological neutrality is key to the promotion of interoperability and essential to a more flexible and transparent digital switchover policy for the consideration of the public interest,
Amendment 33 #
2008/2099(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the digital dividend opens up sufficient spectrum for broadcasters to significantly develop and expand their services and at the same time to take into account other potential social, cultural and economic applications, such as broadband applications designed to overcome the so- called “digital divide”, while not allowing interoperability barriers and vendor capture;
Amendment 36 #
2008/2099(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises, with regard to spectrum management, the general principles of technology and service neutrality in order to promote competition; points out that spectrum should be managed in a manner which is flexible and transparent and which facilitates cultural and linguistic diversity, freedom of expression, and media pluralism and takes into account the technical, social, cultural and political needs of all Member States;
Amendment 53 #
2008/2099(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the contribution that the digital dividend can make to the provision of enhanced interoperable social services to citizens, in particular those living in underprivileged, isolated areas, such as e- government, e- health and e-education;
Amendment 65 #
2008/2099(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on Member States to support enhanced cooperation measures between spectrum management authorities to consider areas where unlicensed white space spectrum allocation would allow new technologies and services to emerge so as to foster innovation;
Amendment 66 #
2008/2099(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Encourages Member States to consider in the context of white space allocation the needs for unlicensed open access to spectrum by non-commercial and educational service providers and local communities which are driven by a public service mission;
Amendment 73 #
2008/2099(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the contributions of the United Nations Internet Governance Forum and of the ITU Geneva-06 Agreement (Regional Radiocommunication Conference 2006) and of the World Radiocommunication Conference 2007 (WRC-07) to the reorganisation of the UHF band;
Amendment 84 #
2008/2099(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the regulators to ensure that all commercial licensees seeking to provide a commercial mobile radio service in the upper 700 MHz spectrum band open their networks to interconnect with any third party, such as an ISP, at any reasonable point in the wireless network;
Amendment 92 #
2008/2099(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Requests the Commission to apply the recommendations of the European Interoperability Framework for eGovernment services for its own spectrum services;
Amendment 104 #
2008/2099(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to investigate the regional dimension of the emerging technology wireless mesh networks and the benefits that could be obtained from a regional approach to spectrum;
Amendment 111 #
2008/2099(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Requests the Commission to conduct a study on conflicts between users of Open Source Software and certification authorities concerning software defined radios;
Amendment 113 #
2008/2099(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Asks the Commission to propose steps for a reduction of legal liabilities in the context of wireless mesh network provision;
Amendment 2 #
2008/2063(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Resolves to ensure that, under the procedures the regulation to be adopted for the implementation of the "citizens' initiative", citizens have a right to present their proposals in the first instance to the European Parliament, through its Petitions Committee, given that this new opportunity can clearly be equated with and related to the right of petition itself, and that it makes good sense for EU citizens to make full use of the democratically elected institution when inviting the Commission to act1; considers, furthermore, that such a procedure would ensure greater openness and transparency allowing the active involvement of EU citizens in the work of the institutions lays down clear, simple and user-friendly conditions for the exercise of this citizens' right;
Amendment 4 #
2008/2063(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that it is already open to citizens to request in a petition that Parliament exercise its right under Article 192 of the EC Treaty to call for a legislative initiative and that nothing would prevent citizens, if they chose to do so, from addressing the same call for an European act both to the European Commission, as a citizens' initiative, and to the European Parliament, as a petition;
Amendment 5 #
2008/2063(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that Parliament needs to examine how it could devise appropriate procedures for following and supporting citizens' initiatives, and believes that the Committee on Petitions, which already has broad experience of working with citizens on issues of concern to them, should play a key role in such procedures;
Amendment 7 #
2008/2063(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the proclamation of the Charter of Fundamental Rights and the recognition of the rights, freedoms and principles set out in it for all EU citizens; is resolved to clarify with the other institutions the extent to which the Charter is applicable directly to EU citizens – which is what citizens expect to be the case – and also the specific means of redress and non-judicial remedies available to EU citizens who petition Parliament to ensureat the direct applicability of the Charter as regards actions by the Member States is not unduly restricted by a wide interpretation of the limitations laid down in this respect in the chorrect application of the Charter and its provisions regarding the integrity of the pizontal articles of the Charter, notably Article 51 thereof, which requires the Member States to apply the Charters on, and the various rights pertaining to life, liberty and private propertyly when they are implementing EU law.
Amendment 8 #
2008/2063(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the reinforced status of the Charter of Fundamental Rights, as well as the broadening of the scope of the activities which may be the subject of infringement proceedings, notably in the field of justice and home affairs, will have a direct effect on the work of the Committee on Petitions when that Committee is exercising parliamentary control on behalf of citizens;
Amendment 9 #
2008/2063(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that the introduction in Article 298 of the TFEU of a legal basis for good administration and the adoption of regulations implementing that Article will answer a long-standing call by the European Ombudsman and the European Parliament for a common system of administrative law governing the European administration, and calls for the Committee on Petitions to be fully involved in the procedure for the adoption of the regulations in question.
Amendment 46 #
2008/0211(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a method of testing not involving the use of living animals exists and may be used in place of a procedure, Member States shall ensure that the alternative method is usednot authorise the use of animals.
Amendment 52 #
2008/0211(COD)
Proposal for a directive
Article 5 – point 3
Article 5 – point 3
(3) the development, manufacture or testing of the quality, effectiveness and safety of drugs, food- and feed-stuffs and other substances or productsmedicinal or veterinary products and devices, having either of the aims referred to in point (2);
Amendment 53 #
2008/0211(COD)
Proposal for a directive
Article 5 – point 3 a (new)
Article 5 – point 3 a (new)
(3a) the development, manufacture or testing of the quality, effectiveness and safety of substances or products, other than those referred to in point (3) having either of the aims referred to in point (2);
Amendment 59 #
2008/0211(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a 1. Procedures for the purpose of basic research may be carried out only if the following criteria are met: (a) the suffering experienced by the animal does not exceed the moderate level; (b) there is compelling justification that there is a realistic prospect that the results of the research will contribute to achieving the aims referred to in point (2) of Article 5.
Amendment 62 #
2008/0211(COD)
Proposal for a directive
Article 6 b (new)
Article 6 b (new)
Article 6b This Directive shall not prevent Member States from applying or adopting stricter national measures aimed at improving the welfare and protection of animals used in experiments.
Amendment 76 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Notwithstanding paragraph 1, great apes shall not be used in procedures, subject to the use of the safeguard clause in Article 50.
Amendment 77 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Commission shall, in consultation with Member States, conduct a review of the use of non-human primates in procedures. The review shall be conducted every two years, commencing two years after the entry into force of this Directive. The review shall consider the impact of developments in technological, scientific and animal welfare knowledge and set targets for the implementation of validated replacement methods.
Amendment 80 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. The Commission shall develop a strategy to establish a high level group to review annually the regulatory use of non-human primates with a view to ending this practice within five years of the date specified in Article 59.
Amendment 81 #
2008/0211(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 86 #
2008/0211(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 88 #
2008/0211(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that a procedure is not carried out if another scientifically satisfactory method or testing strategy of obtaining the result sought, not entailing the use of an animal, is recognised by Community legislation. In the absence of such a method, a procedure may not be carried out if a scientifically satisfactory method or testing strategy for obtaining the result sought, including computer supported, in vitro and other methodologies, not entailing the use of an animal, is reasonably and practicably available.
Amendment 90 #
2008/0211(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Death as the end-point in a procedure shall be avoided as far as possible and replaced by early and humane end- points. If death as the end-point is unavoidable, the procedure shall be designed so as to result in the deaths of as few animals as possible.
Amendment 97 #
2008/0211(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that the procedures classified as "severe" are not perfscientifically justified, and ethically monitormed if the pain, suffering or distress is likely to be prolonged. These procedures must be exceptional and shall be subject to particular harm/benefit analysis and scrutiny by the competent authority.
Amendment 123 #
2008/0211(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The permanent ethical review body shall include as a minimum the designated veterinarian, the person(s) responsible for the welfare and care of the animals in the establishment and, in the case of a user establishment, a scientific member, persons with expertise in the "3Rs" (Replacement, Reduction, Refinement), and an independent lay person.
Amendment 132 #
2008/0211(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Without prejudice to the principle of replacement, reduction and refinement, Member States shall ensure that breeding and supplying establishments of non- human primates have a strategy in place for increasing the proportion of animals that are the offspring of non- human primates that have been bred in captivity.
Amendment 136 #
2008/0211(COD)
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Member States shall take all steps necessary to ensure that as soon as practicable the use of non-human primates in procedures is discontinued.
Amendment 139 #
2008/0211(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall, as far as the care and accommodation of animals is concerned, ensure the following: (a) all animals are provided with accommodation, an environment, at least some freedom of movement, food, water and care which are appropriate to their health and well- being and which allow them to satisfy their ethological as well as physical needs; (b) any restrictions on the extent to which an animal can satisfy its physiological and ethological needs are limited to a minimum; (c) the environmental conditions in which animals are bred, kept or used are checked daily; (d) the well-being and state of health of animals are observed by a competent person at least once a day to prevent pain or avoidable suffering, distress or lasting harm; (e) arrangements are made to ensure that any defect orin equipment causing suffering is discovered isand eliminated as quickly as possible.
Amendment 140 #
2008/0211(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. For the purposes of points (a) and (b) of paragraph 1, Member States shall apply the care and accommodation standards set out in Annex IV as from the dates provided for in that Annex18 months after the date referred to in Article 59.
Amendment 142 #
2008/0211(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Member States may allow exemptions to paragraph 2 for animal welfare reasonpply or adopt stricter measures for the protection of animals used in experiments.
Amendment 147 #
2008/0211(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Commission mayshall undertake controls of the infrastructure and operation of national inspections in Member States. The Commission shall set up a system to monitor inspections and enforcement of this Directive in each Member State, on average every three years, ensuring harmonised practices for the use and the care of animals used or intended to be used in scientific procedures.
Amendment 154 #
2008/0211(COD)
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Ethical evaluation for all projects using non-human primates shall be conducted by a panel of independent experts appointed by the competent authority.
Amendment 155 #
2008/0211(COD)
Proposal for a directive
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
2b. Authorisation shall not be granted for any project using non-human primates unless the application has been subject to public consultation.
Amendment 156 #
2008/0211(COD)
Proposal for a directive
Article 35 – paragraph 2 c (new)
Article 35 – paragraph 2 c (new)
2c. The minimum period between publication of a notice of intention to consult pursuant to paragraph 2b and the deadline for receipt of responses shall not be less than 42 days.
Amendment 173 #
2008/0211(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Retrospective assessment shall evaluate the following: (a) whether the objectives of the project were achieved and how they contribute to achieving the stated potential benefits; (b) the harms inflicted on animals including the numbers and species of animals used and the severity of the procedurenature, level and duration of the harms experienced by the animals; (c) elements that may contribute to the further implementation of the requirement of replacement, reduction and refinement.
Amendment 191 #
2008/0211(COD)
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall ensure that the decision to grant an authorisation is taken and communicated to the user establishment at the latest within 30 days from the submission of the application or the end of the consultation period specified in Article 35(2c), whichever is the later date. Should the Member State fail to take a decision within that period, the authorisation shall be deemed to have been granted, where the project concerned involves only procedures classified as "up to mild" and non-human primates are not used. In all other cases, no such presumption shall apply.
Amendment 194 #
2008/0211(COD)
Proposal for a directive
Article 43 a (new)
Article 43 a (new)
Article 43a Public register The competent authority shall publish a register of all applications for project authorisation which shall include the following: (a) details of the applications for project authorisation; (b) details of any public consultation conducted; (c) the ethical evaluation; (d) the retrospective assessment, if conducted; (e) details of the project authorisation; and (f) details of any amendment, renewal and withdrawal of a project authorisation.
Amendment 196 #
2008/0211(COD)
Proposal for a directive
Article 45
Article 45
The Commission and Member States shall contribute to the development andfinancially and by other appropriate means, to the development and, where appropriate, scientific validation of alternative approaches that couldintended to provide the same or higher level of information as that obtained in procedures using animals but that do not involve the use of animals or use fewer animals or that entail less painful procedures and shall take such other steps as they consider appropriate to encourage research in this field.
Amendment 198 #
2008/0211(COD)
Proposal for a directive
Article 45 a (new)
Article 45 a (new)
Article 45a The Commission shall, by [one year after entry into force of this Directive], review and strengthen the role of the European Centre for the Validation of Alternative Methods to facilitate the development and use of alternatives to animal procedures. The European Centre for the Validation of Alternative Methods shall coordinate with the national reference laboratories referred to in Article 46 in order to: (a) develop a strategy on the implementation of the 3Rs approach (replacing, reducing and refining); (b) identify the need for research into alternative procedures; (c) provide advice and guidance and information on the 3Rs to competent authorities, the scientific community, the public and relevant stakeholders; (d) coordinate pre-validation and validation studies; (e) identify new alternative methods suitable for validation and specific requirements for their validation, in consultation with relevant national and international regulatory bodies; (f) facilitate the scientific endorsement and regulatory acceptance of alternatives to animal tests used for regulatory purposes.
Amendment 202 #
2008/0211(COD)
Proposal for a directive
Article 50
Article 50
Amendment 204 #
2008/0211(COD)
Proposal for a directive
Article 53
Article 53
The Commission shall review this Directive by [10five years after the date of entry into force] taking into account advancement in development of alternative methods not entailing the use of animals, and in particular of non-human primates, and propose any amendments, where appropriate.
Amendment 206 #
2008/0211(COD)
Proposal for a directive
Article 53 a (new)
Article 53 a (new)
Article 53a Regular review of the use of animals in procedures The Commission shall, in consultation with Member States, conduct a thematic review of the use of animals in procedures. The review shall be conducted every two years commencing two years after the entry into force of this Directive. The review shall consider the impact of developments in technological, scientific and animal welfare knowledge and set targets for the implementation of validated replacement methods.
Amendment 207 #
2008/0211(COD)
Proposal for a directive
Article 54 – paragraph 1 - subparagraph 2
Article 54 – paragraph 1 - subparagraph 2
Member States mayshall not designate bodies other than public authorities for the implementation of this Directive. Bodies thus designated shall be considered competent authorities for the purposes of this Directive.
Amendment 213 #
2008/0211(COD)
Proposal for a directive
Annex III – table – column 2 – line 2 to 4
Annex III – table – column 2 – line 2 to 4
[7five years after transposition of Directive] [7five years after transposition of Directive] [10five years after transposition of Directive]
Amendment 71 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 717/2007
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This average wholesale charge shall apply between any pair of operators and shall be calculated over a twelve month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0.28 and EUR 0.26, on 30 August 2008 and on 1 July 2009 respectively and shall further decrease to EUR 0.2317, EUR 0.2014 and EUR 0.171 on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively.
Amendment 81 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 717/2007
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0.49 per minute for any call made or EUR 0.24 per minute for any call received. The price ceiling for calls made shall decrease to EUR 0.46 and EUR 0.43, and for calls received to EUR 0.22 and EUR 0.19, on 30 August 2008 and on 1 July 2009 respectively. The price ceiling for calls made shall further decrease to EUR 0.4023, EUR 0.3720, and EUR 0.3417 and for calls received to EUR 0.161, EUR 0.1308 and EUR 0.105, on 1 July 2010, on 1 July 2011 and on 1 July 2012 respectively.
Amendment 85 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Regulation (EC) No 717/2007
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
Amendment 108 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6 a – paragraph 1
Article 6 a – paragraph 1
1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in waysa clear and intelligible manner which facilitates the customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3.
Amendment 115 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6 a – paragraph 2 – subparagraph 2
Article 6 a – paragraph 2 – subparagraph 2
Such personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after havingevery time that customer entereds that Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 123 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1
Article 6a – paragraph 3 – subparagraph 1
3. By 1 Julanuary 2010 at the latest, the home providers shall provide a 'Cut-Off Limit' facility whereby they offer and keep available to all their roaming customers, free of charge, the possibility to specify in advance aoffer to all their roaming customers the opportunity to opt deliberately and free of charge for a ‘cut-off limit’ facility. Each home provider shall define this ‘cut off limit’ facility by a maximum monthly financial limit. This maximum monthly financial limit, shall not exceed 50 EUR (excluding VAT) and shall be expressed in the currency in which the roaming customer is billed, for their outstanding charges for regulated data roaming services.
Amendment 127 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1 a (new)
Article 6a – paragraph 3 – subparagraph 1 a (new)
Such a cut-off limit shall respect Community data protection laws and be technologically neutral. In addition, the home provider may offer to its roaming customers other ‘cut- off limits’ with different, namely, higher, lower or maximum monthly financial limits such as flat rates.
Amendment 133 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 1 b (new)
Article 6a – paragraph 3 – subparagraph 1 b (new)
By 1 March 2010, all roaming customers who did not express their choice shall be automatically placed on a ‘cut-off limit’ of 50 EUR (excluding VAT).
Amendment 140 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 2
Article 6a – paragraph 3 – subparagraph 2
Amendment 148 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 3
Article 6a – paragraph 3 – subparagraph 3
Amendment 153 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 3 – subparagraph 3 a (new)
Article 6a – paragraph 3 – subparagraph 3 a (new)
From 1 March 2010, whenever a roaming customer requests to opt for or to remove a ‘cut off limit’ facility, the change must be made free of charge within one working day of receipt of the request, and shall not result in the imposition of conditions or restrictions on other elements of the subscription.
Amendment 162 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point a
Article 6a – paragraph 4 – point a
(a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 1.[0,00050] from 1 July 2009 per megakilobyte of data transmitted and shall decrease to EUR [0,00025] on 1 July 2011. The application of this safeguard limit shall not lead to any distortion or restriction on competition in the wholesale data roaming market in accordance with Article 8(2)(b) of Directive 2002/21/EC (Framework Directive).
Amendment 166 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point c
Article 6a – paragraph 4 – point c
(c) The average wholesale charge referred to in point a shall be calculated by dividing the total wholesale revenue received by the operator of the visited network from each operator of a home network for the provision of regulated data roaming services in the relevant period by the total number of megabytes of data consumed by the provision of those services within that period aggregated on a kilobyte basis.
Amendment 177 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 12 – point a a (new)
Article 1 – point 12 – point a a (new)
Regulation (EC) No 717/2007
Article 7 – paragraph 3
Article 7 – paragraph 3
(aa) Article 7(3) shall be replaced by the following: "3. National regulatory authorities shall in preparation for the review provided for in Article 11, monitor developments in wholesale and retail charges for the provision to roaming customers of voice and data communications services, including SMS and MMS, including in the outermost regions referred to in Article 299(2) of the Treaty. National regulatory authorities shall monitor the quality of data services in terms of available minimum speed and reliability. National regulatory authorities shall also be alert to the particular case of involuntary roaming in the border regions of neighbouring Member States and monitor whether traffic steering techniques are used to the disadvantage of customers. They shall communicate the results of such monitoring to the Commission, including separate information on corporate, post-paid and pre-paid customers, every six months"
Amendment 18 #
2008/0185(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The ISA programme should be based on the experience from the IDA and IDABC programmes which have demonstrated that a co-ordinated approach can contribute to delivering results faster, with higher quality and meeting businessadministrative requirements, by means of common and shared solutions established and operated in cooperation with Member States. These activities have already delivered important contributions to ensuring interoperability in support of electronic exchange of information between European public administrations, with positive spillover effects on the single market, and are continuing to do so.
Amendment 22 #
2008/0185(COD)
Proposal for a decision
Recital 18
Recital 18
(18) In the establishment, improvement or operation of common solutions the ISA programme should, whenever appropriate, build on or be accompanied by sharing of experience and solutions as well as exchange and promotion of good practices and of the requirements of the open standards and specifications set out in the European Interoperability Framework (EIF).
Amendment 25 #
2008/0185(COD)
Proposal for a decision
Recital 24
Recital 24
(24) The ISA programme should be implemented in accordance with the rules of public procurement and should guarantee choice to vendors in their purchasing decisions. .
Amendment 30 #
2008/0185(COD)
Proposal for a decision
Article 2 – point g a (new)
Article 2 – point g a (new)
(ga) "liquidity" means the ease in terms of costs and pace in switching from the products of one vendor to the products of another and the degree of platform independence.
Amendment 32 #
2008/0185(COD)
Proposal for a decision
Article 3 – point d a (new)
Article 3 – point d a (new)
(da) openness of a document exchange format.
Amendment 35 #
2008/0185(COD)
Proposal for a decision
Article 3 – point d b (new)
Article 3 – point d b (new)
(db) open source migration management.
Amendment 36 #
2008/0185(COD)
Proposal for a decision
Article 4 – point a
Article 4 – point a
a) the principles of technological neutrality, liquidity, multilingualism and adaptability;
Amendment 40 #
Amendment 47 #
2008/0185(COD)
Proposal for a decision
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The ISA programme shall promote re- use of its deliverables by third countries.
Amendment 15 #
2008/0157(COD)
Proposal for a directive – amending act
–
–
The European Parliament rejects the Commission proposal.
Amendment 17 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the public. If the performer is still alive at the end of the current period of protection under Directive 2006/116/EC, the performer's rights shall continue to be protected in the performer's lifetime.
Amendment 21 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
(9) For the sake of legal certainty it should be provided that in the absence of clear indications to the contrary, a contractual transfer or assignment of rights in the fixatIn order to ensure that performers, rather than record producers, benefit from the extended term of protection, the Directive should provide that any contract in force assigning any extension of the pterformance concluded before the date by which Member Statem of protection shall have no effect as are to adopt measures implementing the directive shall continue to produce its effects for the extended termgards the extended protection term from 50 years to the lifetime of the performer.
Amendment 25 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) This Directive should provide for the re-assessment of the legal protection of performers. The digital environment provides new possibilities for exploitation of protected content, which should benefit all rights holders. To achieve that goal, impact assessments should be conducted at the Community level and by Member States in order to estimate how the legal protection of performers should be improved, notably with the introduction of an exclusive right of making available to the public to the benefit of performers, for the exploitation of their performances in such a way that members of the public may access them from a place and at a time individually chosen by them (i.e. “on demand” services). In the framework of such assessments, particular attention should be given to the practical administration of claims for equitable remuneration for performers (such as quantification of financial benefits; and responsibility for remuneration). Rules and obligations laid down in the relevant international conventions should also be carefully considered.
Amendment 29 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) If necessary, Member States should ensure that the extension of the term of protection of performers' rights is accompanied by legislative provisions that offer protection to performers for fair contractual terms on transfer or assignment.
Amendment 30 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 − sentence 2
Article 3 – paragraph 1 − sentence 2
(1) The second sentence of Article 3(1) is replaced by the following: "However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier, - if a fixationA the end of Article 3(1) the following sentence shall be added: "However, if at the end of this period, a performer is alive, the rights of theat performance in a phonograph is lawfully published or lawfuer shally communicatedntinue to thbe public within this period, the rights shall expire 95 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.rotected in the performer's lifetime."
Amendment 32 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2006/116/EC
Article 3 – paragraph 2 − sentences 2 and 3
Article 3 – paragraph 2 − sentences 2 and 3
(2) In the second and third sentence of Article 3(2) the cipher "50" is replaced by the cipher "95" At the end of Article 3(2) the following subparagraphs shall be inserted: "If the fixation of a performance on a phonogram has at any time been made available to the public through the sale of copies or otherwise, or communicated to the public, but that phonogram ceases to be made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them for a period of three years, the performers whose performances are embodied in that phonogram shall be entitled to require the phonogram producer to transfer all rights in the phonogram and all rights in the performances to the performers. If the holder of such rights fails to transfer the rights voluntarily within three months of receiving such a request, the rights shall be deemed to be so vested in the performers. No compensation shall be payable. Where a phonogram embodies the performances of more than one performer, this right may be exercised by all the performers collectively or by any individual performer, but where the right is exercised by an individual performer the rights must be vested in a collecting society."
Amendment 34 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 1
Article 10a – paragraph 1
1. In the absence of clear indications to the contrary, aA contract, concluded before [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below], whereby a performer has transferred or assigned his rights other than to a collecting society in the fixation of his performance to a phonogram producer (hereinafter: a "contract onf transfer or assignment"), shall be deemed to continuenot to produce itsany effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive], the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram.
Amendment 35 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Paragraphs 3 to 6 of this article shall apply to contracts on transfer or assignment which continue to produce their effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version befoWhere a performer has not transferred the management of his rights to a collecting society as regards the additional term of protection that is conferred amendment by Directive [// insert: Nr. of this amending ds a result of this Directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogramcollecting society which manages rights of the same category shall be deemed to be mandated to manage his rights. The performer shall retain his moral rights.
Amendment 38 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Where a contract on transfer or assignment gives the performer a right to claim a non recurring remuneration, the performer shall have the right to obtain an annual supplementary remuneration from the phonogram producer for each full year in which, by virtue of Article 3 (1) and (2) in its version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and theThe collecting society shall distribute the revenues received from the exploitation of phonograms equitably, and in such a manner as to reflect the nature and extent of the contribution of each performer whose protected performance is embodied in a phonogram.
Amendment 39 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4-6
Article 10a – paragraph 4-6
Amendment 43 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. Member States may regulate whether and to what extent administration by collecting societies ofshall ensure that the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposedis administered by the collecting society.
Amendment 49 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place ant at a time individually chosen by them, the performer may terminate the contract on transfer or assignment. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expireindividually or jointly.
Amendment 50 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 2
Article 10a – paragraph 6 – subparagraph 2
If, onfive years after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram is not made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the rights of the phonogram producer in the phonogram and the rights of the performers in relation to the fixation of their performance shall expire. "
Amendment 32 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) This Directive should only apply to the geological storage of CO2 within the territory of the Member States, their exclusive economic zones and on their continental shelves. The Directive should not apply to research projects. It should, however, apply to demonstration projects with a total intended storage of 100 kilo tonnes or more. This threshold would also seem appropriate for the purposes of other relevant Community legislation. The geological storage of CO2, in geological formations extending beyond the territorial scope of this Directive and the storage of CO2 in the water column should not be pcluding storage under the seabed, should not be permitted beyond the territorial scope of this Directive. Storage in sub- sub- seabed formations should only be carried out in accordance accordance with international agreements, to which Member States and/or the Community are party. Storage of CO2 in the water column should be permitted neither within nor beyond the termrittedorial scope of this Directive.
Amendment 34 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) Enhanced hydrocarbon recovery (the recovery of hydrocarbon additional to that produced naturally by fluid injection or other means) means) should be excluded from the scope of this Directive. Enhanced hydrocarbon recovery is an economically viable activity, and has been hitherto carried out as such. Meanwhile, enhanced hydrocarbon recovery does not mitigate climate emissions, since, from a net carbon dioxide perspective, the hydrocarbon produced from this process will eventually offset, during its life--cycle, the mitigating effects of life storing CO2. Hence, geological storage under this Directive should be meant to exclude this process.
Amendment 35 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Member States should retain the right to determine the areas within their territory from which storage sites may be selected. The selection of the appropriate storage site is crucial to ensure that the stored CO2 will be completely contained for the indefinite future. A site should therefore only be selected as a storage site, if there is no significantzero risk of leakage, and if in any case no significant environmental or health impacts are likely to occurzero risk of adverse environmental or health impacts. Further, a site should only be selected if its use for storage of CO2 does not directly or indirectly compete with other actual or potential energy- energy- related uses, including strategic ones for the security of EC energy supply (i.e. gas storage) or the use of renewable (i.e. geothermal) energy sources. Thisese should be determined through a characterisation and assessment of a potential storage complex pursuant to specific requirements.
Amendment 38 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Member States should determine in which cases exploration is required to generate the information necessary for the site selection. Such exploration should be made subject to a permit requirement. Member States should ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non- non- discriminatory criteria. In order to protect and encourage exploration investments, exploration permits should be granted for a limited volume area and for a limited time, during which time the holder of the permit should have the sole right to explore the potential CO2 storage complex. Member States should ensure that no conflicting uses of the complex are permitted during this time.
Amendment 40 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Storage sites should not be operated without a storage permit. Storage site operators should be fully unbundled from users (i.e. power generators). The storage permit should be the core instrument to ensure that the substantial requirements of the Directive are met and that geological storage hence takes place in an environmentally safe way.
Amendment 42 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
(18) All draft storage permits should be submitted to the Commission in order for it to be able to issue an opinion on the draft permits within six mStorage permits should be awarded by the competent authority in each Member State upon consultation with the Commission. The draft draft storage permits should be submitted to the Commission, which should have twelve months to issue an opinion. The competent authority shall refrain from taking a decision on ths of their submission. The nationale final permit before the Commission issues its opinion. The competent authority authoritiesy should take this opinion into considerationaccount when taking a decision on the permit and should justify any departure from the Commission's opinion. The review at Community level should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation of the Directive.
Amendment 43 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to enhance accountability and transparency of the permit procedures, Member States should ensure that the public has adequate and effective access to information, participation rights and access to justice with regard to both exploration and storage permit granting procedures, according to the relevant provisions of the Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment1, , as well as of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information2. 1 OJ L 175, 5.7.1985, p. 40. 2 OJ L 41, 14.2.2003, p. 26.
Amendment 44 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The competent authority should review and where necessary update or withdraw the storage permit inter alia if it has been notified of significant irregularities or leakages, if the reports submitted by the operators or the inspections carried out show non- compliance with permit conditions or if it is made aware of any other failure by the operator to meet the permit conditions. After the withdrawal of a permit, the competent authority should either issue a new permit or close the storage site. In the meantime, the competent authority should take over the responsibility for the storage site including all ensuing legal obligations. To the extent possible, cCosts incurred should be recovered from the former operator.
Amendment 46 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 21
Recital 21
(21) Monitoring is essential to assess whether injected CO2 is behaving as expected, whether any migration or leakage occurs, and whether any identified leakage is damaging the environment or human health. To that end, Member States should ensure that during the operational phase, the operator monitors the storage complex and the injection facilities on the basis of a monitoring plan designed pursuant to specific monitoring requirements. The plan should be submitted to and approved by the competent authority. In case of geological storage under the seabed, monitoring should further be adapted to the un uncertainty certainty and operational difficulties associated with managing CCS technology in the marine environment.
Amendment 47 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) Provisions are required covering liability for damage to the local environment and climate damage, resulting from any failure of permanent containment. Liability for environmental damage (damage to protected species and natural habitats, water and land) is regulated by Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, which should be applied to the transport of CO2 for geological storage purposes and the operation of storage sites pursuant to the present Directive. Liability for climate damage as a result of leakages is covered by the inclusion of storage sites in Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, which requires surrender of emissions trading allowances for any leaked emissions. In addition, this Directive should establish the obligation on the operator to take corrective measures in case of significant irregularities or leakages on the basis of a corrective measures plan submitted to and approved by the competent national authority. Where the operator fails to take the necessary corrective measures, these measures should be taken by the competent authority, which should recover the costs from the operator. The costs of remedying damage to the environment during transport and storage at the operating, closure and post- post-closure phase, to the extent not covered by the abovementioned instruments, or in case financial security is not available available or adequate, as well as traditional civil damage to property, health etc., in case financial security is not available or adequate, should be covered by a fund to be financed through the contributions of storage site operators, and managed by the competent competent authority.
Amendment 49 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 25
Recital 25
(25) After a storage site has been closed, the operator should remain responsible for maintenance, monitoring and control, reporting, and corrective measures pursuant to the requirements of this Directive on the basis of a post-closure plan submitted to and approved by the competent authority as well as for all ensuing obligations under other relevant Community legislation until the responsibility for the storage site is transferred to the competent authority. The operator should remain responsible for at least 50 years after the closure of a site.
Amendment 51 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) The responsibility for the storage site, including all ensuing obligations,ensuing legal site should be transferred to the competent authority, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future. To this end, the operator should prepare a report documenting that the criterion has been fulfilled and submit it to the competent authority for approval of the transfer. All draft approval decisions should be submitted to the Commission in order for it to be able to issue an opinion on the draft approval decisions within six months of their submission. The national authorities should take this opinion into consideration when taking a decision on the approval and should justify any departure from the Commission’s opinion. As the review of draft storage permits at Community level, the review of draft approval decisions should help to ensure consistency in implementation of the requirements of the Directive across the Community and also enhance public confidence in CCS, especially in the early phase of the implementation implementation of the Directive. In similar legal terms as under the permit granting granting process, Member States should ensure transparency and accountability in the approval of the transfer by providing adequate and effective access to information, public participation rights and access to justice for the public.
Amendment 52 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 27
Recital 27
(27) After the transfer of responsibility, monitoring should be allowed to cease, but should orcontinue for the next should be re- re-activated, if leakages 50 years. If any significant irregularities or leakages are identified. There should be no recovery of costs incurred by the competent authority from the former operator after the transfer of responsibil, the necessary corrective measures should be taken by the competent authority. In case the closure of the storage site has been based on inaccurate inaccurate or false information, the operator should remain liable for the costs of corrective measures and eventual damage caused to human health and the environment. In all other cases, the relevant costs should be covered by the abovementioned fund, financed by by the operators' contributions and managed by the competent authority.
Amendment 55 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 28
Recital 28
(28) Financial provision should be made provided in order to raise confidencensure that closure and post- closure obligations, obligations arising from inclusion under Directives 2003/87/EC, and 2004/35/EC, 2004/35/EC and obligations under this Directive to take corrective measures in case of significant irregularities or leakages, can be met. Member States should ensure that financial provisions, by way of financial security or any other equivalent, are made by the applicant prior to the submission of the permit application.
Amendment 57 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) Access to CO2 transport networks and storage sites could become a condition for entry into or competitive operation within the internal electricity and heat market, depending on the relative prices of carbon and CCS. It is therefore appropriate to make arrangements for potential users to obtain such access. This should be done in a manner tomeans that transport operators should be fully unbundled from both storage site operators and users (i.e. power generators). The latter should bear all the costs of transporting CO2 from the capture to the storage site. The conditions of access to transport networks and storage sites should be determined by each Member State, applying the objectives of fair and open access and taking into account inter alia the transport and storage capacity which is available or can reasonably be made available as well as the proportion of its CO2 reduction obligations pursuant to international legal instruments and to Community legislation intended to meet through CO2 capture and geological storage. Member States should also establish dispute settlement mechanisms to enable expeditious settlement of disputes regarding access to CO2 transport networks and storage sites.
Amendment 58 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 30
Recital 30
(30) Provisions are required to ensure that in cases of transboundary CO2 transport, transboundary storage sites or transboundary storage complexes, the competent authorities of the Member States concerned shall meet the requirements of this Directive and of all other Community legislation jointly, as well as all the international agreements to which Member States and/or the Community are party. Article 7 of the Directive 85/337/EEC should also apply in this case.
Amendment 59 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 31
Recital 31
(31) The competent authority should establish and maintain a register of all operating and closed storage sites and surrounding storage complexes, including maps of their spatial extent to be taken into consideration by the competent national authorities in relevant planning and permitting procedures. The register should also be reported to the Commission.
Amendment 60 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 33
Recital 33
(33) Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive. For serious violations of the obligations arising from a permit granted according to this Directive, Directive, including the obligation to undertake corrective measures, which result in CO2 being emitted into the soil, air or water, operators should further be criminally liable under the terms of the Directive 2008/XX/EC of the European Parliament and of the Council of ... on the protection of the environment through criminal law.
Amendment 61 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 35
Recital 35
(35) Directive 85/337/EEC should be amended to cover capture and transport of CO2 streams for the purposes of geological storage as well as storage sites pursuant to this Directive. Directive 96/61/EC should be amended to cover capture of CO2 streams for the purposes of geological storage from installations covered by that Directive. Directive 2004/35/EC should be amended to cover the transport of CO2 for geological storage purposes and operation of storage sites pursuant to this Directive.
Amendment 62 #
2008/0015(COD)
Proposal for a directive – amending act
Recital 37
Recital 37
(37) The transition to low-carbon power generation requires that new investments in fossil fuel power generation are made in such a way as to facilitate substantial reductions in emissions. To this end, Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants should be amended to require that all combustion plants, for which the original construction license or the original operating licence is granted after the entry into force of this Directive, have suitable space on the installation site for the equipment necessary to capture and compress CO2 and that the availability of suitable storage sites and transport networks, as well as the technical feasibility of retrofitting for CO2 capture, have been assessed.
Amendment 64 #
2008/0015(COD)
Proposal for a directive – amending act
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a legal framework for the transport of CO2 for geological storage purposes and geological storage of carbon dioxide (hereinafter "CO2").
Amendment 65 #
2008/0015(COD)
Proposal for a directive – amending act
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The purpose of geological storage is to permanent containment of CO2 in such a way as to prevent or reduce as far as possible negative effects on the environment and any resultingly and safely contain CO2 underground in such a way as to prevent any risk of negative resulting risk to environmental or human health impacts.
Amendment 67 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall only apply to the geological storage of CO2 on the territory of the Member States, their exclusive economic zones and on their continental shelves within the meaning of the United Nations Convention on the Law of the Seas (UNCLOS). Enhanced hydrocarbon recovery shall be excluded from the scope of this Directive.
Amendment 68 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The geological storage of CO2, in geological formations extendingcluding storage under the seabed, beyond the area referred to in paragraph 1 shall not be permitted. The storage of CO2 under the sea- sea-bed shall further be conducted in accordance accordance with international agreements, to which Member- Member-States and/or the Community are party.
Amendment 69 #
2008/0015(COD)
Proposal for a directive – amending act
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The storage of CO2 in the water column within or beyond the area referred to in paragraph 1 shall not be permitted.
Amendment 70 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) 'enhanced hydrocarbon recovery' means the recovery of hydrocarbon additional to that produced naturally by fluid injection or other means;
Amendment 72 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
(3) 'storage site' means one or more defined areas within a specific geological formation used for the geological storage of CO2;
Amendment 75 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 8
Article 3 – point 8
(8) 'exploration permit' means a written and reasoned decision authorising exploration in a geological formation which has been found to be suitable according to the conditions set out in Article 4, issued by the competent authority pursuant to the requirements of this Directive;
Amendment 76 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 9 a (new)
Article 3 – point 9 a (new)
Amendment 77 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 10
Article 3 – point 10
(10) 'storage permit' means a written and reasoned decision authorising the geological storage of CO2 in a storage site, and containing all the elements required under Article 9, issued by the competent authority pursuant to the requirements of this Directive;
Amendment 79 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 12
Article 3 – point 12
(12) 'CO2 stream' means a flow of substances containing no less than 98% CO2 that results from carbon dioxide capture processes, into which no wastes or other matter has been added for the purpose of disposing of them;
Amendment 80 #
2008/0015(COD)
Proposal for a directive – amending act
Article 3 – point 17
Article 3 – point 17
(17) 'corrective measures' means any measures taken to correct significant irregularities or to close leakages in order to prevent or minimise the release of CO2 from the storage complexstop any leakage;
Amendment 84 #
2008/0015(COD)
Proposal for a directive – amending act
Article 4 – paragraph 2
Article 4 – paragraph 2
2. A geological formation shall only be selected as a storage site, if under the proposed conditions of use there is no significant risk of leakage, and if no significant negativrisk of adverse environmental or health impacts are likely to occurexists, and if its use to store CO2 does not directly compete with other actual or potential energy- energy-related uses, including strategic ones for the security of the the EC energy supply (e.g. gas storage) or the use of renewable (e.g. geothermal) energy sources.
Amendment 86 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the procedures for the granting of exploration permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published and non-discriminatory non-di scriminatory criteria.
Amendment 87 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that the views of the public are duly taken into account account during the process of granting an exploration permit. For this purpose, Member States shall ensure that the public have adequate and effective access to information, participation rights and access to justice, according to the relevant provisions of Directive 85/337/EEC as well as of Directive 2003/4/EC.
Amendment 89 #
2008/0015(COD)
Proposal for a directive – amending act
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Exploration permits shall be granted for a limited volume area and for a maximum of twohree years, renewable once for a maximum of two yearsfor three years each time, and for as long as it is necessary to carry out the exploration of the prospective prospective storage site.
Amendment 92 #
2008/0015(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that the procedures for the granting of storage permits are open to all entities possessing the necessary capacities and that the permits are granted on the basis of objective, published criteria. and non- non- discriminatory criteria. Storage site operators shall be fully unbundled from users (i.e. power generators).
Amendment 93 #
2008/0015(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that the views of the public are duly taken into account during the process of granting a storage permit. For this purpose, purpose, Member States shall ensure that the public have adequate and effective access to information, participation rights and access to justice, according to the relevant provisions of Directive 85/337/EEC as well as of Directive 2003/4/EC.
Amendment 97 #
2008/0015(COD)
Proposal for a directive – amending act
Article 7 – point 4 a (new)
Article 7 – point 4 a (new)
(4a) the availability of transport linking the site site with prospective capture points, as well as its economic viability, taking account of the distance of the storage site from such points;
Amendment 98 #
2008/0015(COD)
Proposal for a directive – amending act
Article 7 – point 6
Article 7 – point 6
(6) a proposed corrective measures plan pursuant to Article 16(2), including emergency evacuation measures;
Amendment 99 #
2008/0015(COD)
Proposal for a directive – amending act
Article 7 – point 9
Article 7 – point 9
(9) proof of adequathe financial security or other equivalent provision as required under Article 19;
Amendment 113 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that no substantial change is implemented without a new storage permit issued in accordance with this Directive. The provisions of Directive 85/337/EEC shall also apply in this case.
Amendment 115 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) if it has been notified or made aware of significant irregularities or leakages pursuant to Article 16(1);
Amendment 120 #
2008/0015(COD)
Proposal for a directive – amending act
Article 11 – paragraph 4
Article 11 – paragraph 4
4. After a permit has been withdrawn pursuant to paragraph 3, the competent authority shall either issue a new storage permit or close the storage site pursuant to point (c) of Article 17(1). Until a new storage permit has been issued, the competent authority shall take over the responsibility for the storage site, including all ensuing legal obligations. To the extent possible, the competent authority shall recover any costs incurred from the former operator.
Amendment 121 #
2008/0015(COD)
Proposal for a directive – amending act
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A CO2 stream shall consist overwhelmingly ofof at least 98% carbon dioxide. To this end, no waste and other matter may be added for the purpose of disposing of that waste or other matter. However, a CO2 stream may contain incidental associated substances from the source, capture or injection process. Concentrations of those substances shall be below levels that would adversely affect the integrity of the storage site and relevant transport infrastructure and pose a significant risk to the environment or breach the requirements of applicable Community legislation.transport
Amendment 125 #
2008/0015(COD)
Proposal for a directive – amending act
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 128 #
2008/0015(COD)
Proposal for a directive – amending act
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The corrective measures referred to in paragraph 1 shall be taken on the basis of a corrective measures plan submitted to and approved by the competent authority pursuant to Articles 7(6) and 9(6); these measures shall be notified to the Commission Commission and be made public.
Amendment 129 #
2008/0015(COD)
Proposal for a directive – amending act
Article 17 – paragraph 2
Article 17 – paragraph 2
2. After a storage site has been closed pursuant to paragraph 1 points (a) or (b), the operator remains responsible for maintenance, monitoring, control, reporting, and corrective measures pursuant to the requirements laid down in this Directive, as well as for all ensuing obligations under other relevant provisions of Community legislation, until the responsibility for the storage site is transferred to the competent authority pursuant to Article 18(1) to (4). The operator shall also be responsible for sealing the storage site and removing the injection facilities. The operator shall remain responsible for at least 50 years after the closure of a site.
Amendment 130 #
2008/0015(COD)
Proposal for a directive – amending act
Article 17 – paragraph 4
Article 17 – paragraph 4
4. After a storage site has been closed pursuant to paragraph 1 point (c), the competent authority shall remain responsible for maintenance, monitoring, control, and corrective measures pursuant to the requirements laid down in this Directive as well as for all ensuing obligations under other relevant provisions of Community legislation. The post-closure requirements pursuant to this Directive shall be fulfilled on the basis of the provisional postclosure plan submitted to and approved by the competent authority pursuant to Articles 7(7) and 9(7), which shall be updated as necessary. The operator shall still be legally and financially responsible for the site, and should keep financial security or other equivalent according to Article Article 19(2)(b)(ii).
Amendment 131 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Where a storage site has been closed pursuant to points (a) or (b) of Article 17(1), the responsibility for the closed site, including all ensuing legal obligations, shall be transferred to the competent authority on its own initiative or upon request from the operator, if and when all available evidence indicates that the stored CO2 will be completely contained for the indefinite future.after the expiry of the 50- 50-year period, and after all the conditions set out in the storage permit for the transfer of responsibility have been met. met To this end, the operator shall prepare a report documenting that this criterion has been met and submit it to the competent authority for the latter to approve the transfer of responsibility.
Amendment 133 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States shall inform the Commission of all draft decisions of approval prepared by the competent authority pursuant to paragraph 1, including the reports submitted by the operator and any other material taken into consideration by the competent authority when arriving at its conclusion. Within sixtwelve months of their submission to the Commission, the Commission may issue an opinion on the draft decisions of approval. The provisions of Article 6(2a) shall also apply to the draft decisions decisions of approval.
Amendment 137 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 5
Article 18 – paragraph 5
5. After the transfer of responsibility pursuant to paragraphs 1 to 4, monitoring shall continue for the next 50 years. Upon completion of this period, period, it may cease. However, if any leakages or significant irregularities are identified, monitoring shall be reactivated as required to assess the scale of the problem and the effectiveness of corrective measures.
Amendment 139 #
2008/0015(COD)
Proposal for a directive – amending act
Article 18 – paragraph 6
Article 18 – paragraph 6
6. There shall be no recovery of costs incurred from the former operator after the transfer of responsibility to the competent authority pursuant to paragraphs 1 to 4. If any significant irregularities or leakages are identified, the necessary corrective measures shall be taken by the competent authority. In case the closure closure of the storage site has been based on inaccurate or false information, the operator shall cover the costs of the corrective measures and remain liable for the damage caused to human health and the environment. In all other cases, the costs shall be covered covered by the fund established under Article 19a, financed by the operators' contributions and managed by the competent authority.
Amendment 140 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that adequate provisions, by way of financial security or any other equivalent, on the basis of modalities to be decided by the Member States, are made by the applicant prior to the submission of the application for a storage permit to ensure that all obligations arising under the permit issued pursuant to this Directive, including closure procedures and post- closure provisions, as well as any obligations arising from inclusion under Directive 2003/87/EC can be metand Directive 2004/35/EC can be met. The financial security shall be set at such a level to cover liability for any damage caused to third parties, as well as the costs of remediation of environmental damage, and at any rate no less than EUR [...] [...] billion.
Amendment 143 #
2008/0015(COD)
Proposal for a directive – amending act
Article 19 a (new)
Article 19 a (new)
Amendment 144 #
2008/0015(COD)
Proposal for a directive – amending act
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take the necessary measures to ensure that potential users are able to obtain access to CO2 transport networks and to storage sites for the purposes of geological storage of the produced and captured CO2, in accordance with paragraphs 2 to 4. However, users shall fully bear the costs of access to such networks and sites.
Amendment 145 #
2008/0015(COD)
Proposal for a directive – amending act
Article 20 – paragraph 2 - introductory part
Article 20 – paragraph 2 - introductory part
2. The access referred to in paragraph 1 shall be provided in a manner determined by the Member State and shall be carried out by transport operators who shall be fully unbundled from both storage site operators and users (i.e. power generators). The Member State shall apply the objectives of fair and open access, taking into account:
Amendment 148 #
2008/0015(COD)
Proposal for a directive – amending act
Article 32
Article 32
Directive 2001/80/EC
Article 9a
Article 9a
Member States shall ensure that allno combustion plants with a capacity of 300 megawatts or more for which the original construction license or, in the absence of such a procedure, the original operating licence is granted after the entry into force of Directive XX/XX/EC of the European Parliament and of the Council., have suitable space on the installation site for the equipment necessary to capture and compress CO2 and that the availability of suitable storage sites and suitable transport facilities, and the technical feasibility of retrofitting for CO2 capture have been assessedwill be authorised where, during their operation, they would lead to atmospheric carbon dioxide emissions in excess excess of 350 grams per kilowatt hour of energy output.
Amendment 149 #
2008/0015(COD)
Proposal for a directive – amending act
Article 33
Article 33
Directive 2004/35/EC
Annex III – paragraph 14
Annex III – paragraph 14
14. The transport of CO2 for geological storage purposes, as well as the operation of storage sites pursuant to Directive XX/XX/EC of the European Parliament and of the Council. For the purposes of liability for transport, the term "operator" is meant as defined in Article 3(9a) of the Directive XX/XX/EC.
Amendment 150 #
2008/0015(COD)
Proposal for a directive – amending act
Article 35 a (new)
Article 35 a (new)
Directive 2008/xx/EC
Annex A
Annex A
Amendment 155 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – step 1 – point k
Annex I – step 1 – point k
(k) Possible interactions with other activities (e.g. exploration, production and storage of hydrocarbons,), and especially competition with renewable energy sources (e.g. geothermal use of aquifers);
Amendment 156 #
2008/0015(COD)
Proposal for a directive – amending act
Annex I – step 1 – point l
Annex I – step 1 – point l
(l) Proximity to the potential CO2 source(s) (including estimates of the total potential mass of CO2 economically available for storage), since transport to long distances can become economically non- non-viable), as well as availability of a safe and adequate transport network network.
Amendment 46 #
2007/2118(INI)
Motion for a resolution
Recital W a (new)
Recital W a (new)
Wa. whereas, according to Article 6(4) of Directive 92/43/EEC, if the realisation of a plan or project is considered necessary for imperative reasons of overriding public interest it can, nevertheless, only be carried out in the absence of alternative solutions,
Amendment 83 #
2007/2118(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the challenge of securing energy supply while respecting the EU's commitment to environmental protection and sustainable development makes it imperative to implement a coherent and coordinated European policy on supply of natural gas based on careful evaluation at the European level of the environmental aspects of alternative solutions and on mutual solidarity between Member States;
Amendment 161 #
2007/0249(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall act within the scope of the Framework Directive and the Specific Directives and draw upon expertise available in the national regulatory authorities. It shall contribute to the better functioning of the internal market for electronic communications networks and services, including in particular the development of cross- Community electronic communications and a high and effective level of network and information security,: a) facilitation of interoperable cross- border communication markets, b) access to electronic communication markets without discrimination, c) management of the market transition towards free information infrastructures as the internet, d) coherence of national regulatory activities through the tasks listed in Chapters II and III.
Amendment 169 #
2007/0249(COD)
Proposal for a regulation
Article 3 – point h a (new)
Article 3 – point h a (new)
(ha) offer technical assistance and reach out to open source communities which develop essential elements of the European communication infrastructure;
Amendment 172 #
2007/0249(COD)
Proposal for a regulation
Article 3 – point i a (new)
Article 3 – point i a (new)
(ia) provide software which is licensed under the European Union Public License or a compatible license.
Amendment 195 #
2007/0249(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) commissioning or conducting studies on electronic communications networks and services and the regulation and protection thereof interoperability, and
Amendment 200 #
2007/0249(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Authority shall make such information available to the public in an easily accessibleISO 32000:2008, ISO/IEC 26300:2006, or ISO/IEC 15445:2000 format.
Amendment 239 #
2007/0249(COD)
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1a. Information requested pursuant to paragraph 1 may relate to documentation for the purpose of ensuring interoperability between two different electronic systems or networks so as to allow communication and exchange of data content between them.
Amendment 241 #
2007/0249(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1a. The Authority may in appropriate cases issue a waiver related to essential patent claims for European standards, when justified to prevent an abuse of patents by their holders, such as a failure to draw the attention of a standard body and markets to a known patent or a known pending patent application prior to the market dissemination of the European standard.
Amendment 243 #
2007/0249(COD)
Proposal for a regulation
Article 45 – paragraph 3 a (new)
Article 45 – paragraph 3 a (new)
3a. Audiovisual streaming and recording services shall be provided in a technology- neutral fashion.
Amendment 133 #
2007/0247(COD)
Article 1 – point 8 – point b a (new)
Directive 2002/21/EC
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 134 #
2007/0247(COD)
Article 1 – point 8 – point f a (new)
Directive 2002/21/EC
Article 8 – paragraph 4 – point fa (new)
Article 8 – paragraph 4 – point fa (new)
(fa) in paragraph 4, point (fa) shall be inserted: “(fa) applying the principle that end-users should be able to access and distribute any content and use any applications and/or services of their choice;”
Amendment 135 #
2007/0247(COD)
Article 1 – point 8 – point f b (new)
Directive 2002/21/EC
Article 8 – paragraph 4 – point f b (new)
Article 8 – paragraph 4 – point f b (new)
Amendment 149 #
2007/0247(COD)
Article 2 – point 3 – point aa (new)
Directive 2002/19/EC
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(aa) in paragraph 1, point (a) shall be replaced by: "(a) to the extent that is necessary to ensure end-to-end connectivity or fair and reasonable access to third-party services and applications, obligations on undertakings that control access to end- users, including in justified cases the obligation to interconnect their networks and to provide access where this is not already the case or to make their services interoperable on fair, transparent and reasonable terms."
Amendment 151 #
2007/0247(COD)
Article 2 – point 7 – point a
Directive 2002/19/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. National regulatory authorities may, in accordance with the provisions of Article 8, impose obligations for transparency in relation to interconnection and/or access, requiring operators to make public specified information, such as accounting information, technical specifications, network characteristics, terms and conditions for supply and use, including the purpose and effect of traffic management policies, and prices.
Amendment 167 #
2007/0247(COD)
Annex – point 2 – point h
Directive 2002/21/EC
Annex – part A – point 19
Annex – part A – point 19
19. Transparency obligations on undertakings providing electronic communications services available to the public to ensure end-to-end connectivity, including unrestricted access to and distribution of content, services and applications, in conformity with the objectives and principles set out in Article 8 of Directive 2002/21/EC (Framework Directive), disclosure regarding traffic management policies and, where necessary and proportionate, access by national regulatory authorities to such information needed to verify the accuracy of such disclosure.
Amendment 359 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require an electronic communications service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism or the provision of radio and television broadcasting services.
Amendment 367 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services or to ensure the fulfilment of a general interest objective as defined in national legislation in conformity with Community law, such as the promotion of cultural and linguistic diversity and media pluralism.
Amendment 370 #
2007/0247(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4. It lies within the competence of the Member States to define the scope and nature of any exception.