1341 Amendments of Luis de GRANDES PASCUAL
Amendment 14 #
2018/2023(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in order to keep the increase in the global temperature to well below 2°C while pursuing the 1.5°C target as signed up to in the Paris Agreement, road transport needs to be fully decarbonised with zero net emissions by 2050 at the latestaim for new emissions reduction targets; whereas, in accordance with the European Strategy for Low-Emission mobility, by 2050 greenhouse gas emissions from transport will need to be at least 60% lower than in 1990 and firmly on the path towards zero;
Amendment 26 #
2018/2023(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the price disadvantages of alternative-fuel vehicles compared to regular internal combustion engine (ICE) vehicles are still one of the main barriers to customers’ purchasing decisions; whereas, in this context, buyers’ premiums, tax exemptions and non-fiscal incentives have proven to accelerate market uptake and should reflect the GHG and pollutant emissions performance of different alternative fuels;
Amendment 28 #
2018/2023(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas a number of European cities exceed the air quality limits laid down in EU legislation owing to excessively high levels of pollution emitted by road traffic, and whereas the promotion of alternative fuels can make an equally important contribution in improving both the urban environment and people’s health;
Amendment 41 #
2018/2023(INI)
Motion for a resolution
Recital J
Recital J
J. whereas according to Directive 2014/94/EU, alternative fuels still encompass some fuels of fossil origin, thus contradicting the goal of decarbonisation and the phasing out of fossil fuelswith pollutant and GHG emissions substantially lower than those of the fossil fuels traditionally used in transport;
Amendment 68 #
2018/2023(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to review Directive 1999/94/EC on consumer information on cars; takes the view that such a review should aim to substantially improve the information consumers receive about fuel consumption, CO2 emissions and pollutant emissions, and to make it possible to compare the efficiency of and emissions from traditional and alternative fuel technologies for transport under real-life conditions;
Amendment 62 #
2018/0228(COD)
Draft legislative resolution
Citation 8 a (new)
Citation 8 a (new)
- Having regard to the Commission Communication of 13 January 2015 on ‘Making the best use of the flexibility within the existing rules of the stability and growth pact’;
Amendment 68 #
2018/0228(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to achieve smart, sustainable and inclusive growth and to stimulate job creation, the Union needs an up-to-date, multimodal and high- performance infrastructure to help connect and integrate the Union and all its regions, in the transport, telecommunications and energy sectors. Those connections should help to improve the free movement of persons, goods, capital and services. The trans-European networks should facilitate cross-border connections, foster greater economic, social and territorial cohesion and contribute to a more competitive social market economy and to combating climate change and depopulation.
Amendment 77 #
2018/0228(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The aim of the Connecting Europe Facility (the ‘Programme’) is to focus and accelerate investment in the field of trans- European networks and to leverage funding from both the public and the private sectors, while increasing legal certainty and respecting the principle of technological neutrality. The Programme should enable synergies between the transport, energy and digital sectors to be harnessed to the full extent, thus enhancing the effectiveness of Union action and enabling implementing costs to be optimised.
Amendment 78 #
2018/0228(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The Programme should help to promote the territorial accessibility and connectivity of all regions of the Union, including the remote, outermost, island, peripheral, mountain and cross-border regions, as well as in depopulated and scarcely populated areas;
Amendment 106 #
2018/0228(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Reflecting the importance of tackling climate change in line with Union’s commitments to implement the Paris Agreement, and the commitment to the 17 United Nations Sustainable Development Goals, this Regulation should therefore mainstream climate action and lead to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives18. Actions under this Programme are expected to contribute 60 % of the overall financial envelope of the Programme to climate objectives, based inter alia on the following Rio markers: i) 100 % for the expenditures relating to railway infrastructure, alternative fuels, clean urban transport, electricity transmission, electricity storage, smart grids, CO2 transportation and renewable energy; ii) 40 % for inland waterways and multimodal transport, and gas infrastructure - if enabling increased use of renewable hydrogen or bio-methane. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. In order to prevent that infrastructure is vulnerable to potential long term climate change impacts and to ensure that the cost of greenhouse gas emissions arising from the project is included in the project's economic evaluation, projects supported by the Programme should be subject to climate proofing in accordance with guidance that should be developed by the Commission coherently with the guidance developed for other programmes of the Union where relevant. __________________ 18 COM(2018) 321, page 13
Amendment 111 #
2018/0228(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In line with the Union’s objectives and commitments to reduce the impact of climate change, the Programme shall encourage a modal shift to more sustainable modes of transport, such as rail, clean urban transport, maritime transport and inland waterways;
Amendment 124 #
2018/0228(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) An important objective of this Programme is to deliver increased synergies between the transport, energy and digital sector. For that purpose, the Programme should provide for the adoption of cross-sectoral work programmes that could address specific intervention areas, for instance as regards connected and automated mobility or, alternative fuels or joint cross-border infrastructure. In addition, the Programme should allow, within each sector, the possibility to consider eligible some ancillary components pertaining to another sector, where such an approach improves the socio-economic benefit of the investment. Synergies between sectors should be incentivized through the award criteria for the selection of actions.
Amendment 159 #
2018/0228(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to reflect growing transport flows and the evolution of the network, the alignment of the core network corridors and their pre-identified sections should be adapted. These adaptations should be proportionate in order to preserve the consistency and the efficiency of the corridor development and coordination. For that reason the length of the core network corridors should not increase by more than 15 %.
Amendment 165 #
2018/0228(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary to promote investments in favour of smart, interoperable, sustainable, multimodal inclusive, safe and secure mobility throughout the Union. In 2017, the Commission presented20 "Europe on the move", a wide-ranging set of initiatives to make traffic safer, encourage smart road charging, reduce CO2 emissions, air pollution and congestion, promote connected and autonomous mobility and ensure proper conditions and rest times for workers. These initiatives should be accompanied by Union financial support, where relevant through this Programme, for example to accelerate the implementation and retrofitting of the smart tachograph. __________________ 20 Commission Communication "Europe on the move: An agenda for a socially fair transition towards clean, competitive and connected mobility for all" – COM(2017) 283.
Amendment 180 #
2018/0228(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of its Communication "Sustainable Mobility for Europe: safe, connected, and clean"23, the Commission highlighted that automated vehicles and advanced connectivity systems will make vehicles safer, easier to share and more accessible for all citizens, including those who may be cut-off from mobility services today, such as the elderly and disabledpeople with reduced mobility. In this context, the Commission also proposed an "EU Strategic Action Plan on Road safety" and a revision of Directive 2008/096 on Road Safety infrastructure management. __________________ 23In the same vein, other regulations, such as Directive 2004/54 on minimum safety requirements for tunnels in the trans- European road network, must be adapted to the new safety and digitisation standards of the transport sector. Improving safety must also be a priority in the rail sector. Of particular importance is investment in safety at crossings (i.e. signalling, infrastructure improvement). In 2012, there were 573 significant accidents on the 114 000 level crossings in the EU, resulting in 369 fatalities and 339 people seriously injured (ERA 2014 report). Consequently, level crossings which pose a high safety risk should be identified EU-wide with a view to investing in improving the infrastructure, which should eventually be replaced by bridges and underpasses. __________________ 23 COM(2018) 293. COM(2018) 293.
Amendment 182 #
2018/0228(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of its Communication "Sustainable Mobility for Europe: safe, connected, and clean"23, the Commission highlighted that automated vehicles and advanced connectivity systems will make vehicles safer, easier to share and more accessible for all citizens, including those who may be cut-off from mobility services today, such as the elderly and disabledpeople with reduced mobility. In this context, the Commission also proposed an "EU Strategic Action Plan on Road safety" and a revision of Directive 2008/096 on Road Safety infrastructure management. __________________ 23 COM(2018) 293. COM(2018) 293.
Amendment 203 #
2018/0228(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Following the Joint Communication on improving militarydual (civil and defence) mobility in the European Union of November 201724 , the Action Plan on Militarydual (civil and defence) Mobility adopted on 28 March 2018 by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy25 highlighted that transport infrastructure policy offers a clear opportunity to increase synergies between defence needs and TEN- T, with the overall aim of improving mobility across the Union. The Action Plan indicates that by mid- 2018, the Council is invited to consider and validate the militarydual (civil and defence) requirements in relation to transport infrastructure and that, by 2019 the Commission services will identify the parts of the trans-European transport network suitable for militarydual (civil and defence) transport, including necessary upgrades of existing infrastructure, ensuring that they are not to the detriment of civil use and keeping the European Parliament promptly informed in this regard. Union funding for the implementation of the dual-use projects should be implemented through the Programme on the basis of specific work programmes specifying the applicable requirements as defined in the context of the Action Plan. __________________ 24 25JOIN(2017) 41. JOIN(2017) 41. 25 JOIN(2018) 5. JOIN(2018) 5.
Amendment 210 #
2018/0228(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The introduction of the Action Plan on dual (civil and defence) mobility in the Union is part of the overall objective of improving mobility in the EU while responding to the logistics and mobility challenges set out in the its common security and defence policy (CSDP); to that end, it is vital to harmonise cross-border standards and customs regulations, as well as administrative and legislative procedures. The role of EU joint ventures is vital for the harmonisation of administrative and legislative procedures, both for the CEF and for the Action Plan on dual (civil and defence) mobility; Dual (civil and defence) mobility will contribute to the development of the CEF, especially regarding budget matters and measures to meet new and future needs;
Amendment 215 #
2018/0228(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) EU cross-border infrastructural projects are encountering particular difficulties and lengthy timelines regarding public procurement, the granting of authorisations, tendering, public consultations, impact assessments, etc., mainly due to the disparities between Member State laws. It is therefore necessary to facilitate project implementation by means of a joint body to ensure the systematic and prompt implementation of a single common framework 1a. The agreed establishment of a single framework body with executive powers will significantly improve the efficiency of project management and development, avoid conflicts between the parties and help prevent delays; __________________ 1a In line with the Commission communication of 20 September 2017 entitled ‘Boosting growth and cohesion in EU border regions’
Amendment 233 #
2018/0228(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) While completion of network infrastructure remains the priority to achieve the development of renewable energy, integrating cross-border cooperation on renewable energy reflects the approach adopted under the Clean Energy for all Europeans initiative with a collective responsibility to reach an ambitious target for renewable energy in 2030 and the changed policy context, ensuring a fair and adequate social transition, with ambitious long-term decarbonisation objectives.
Amendment 239 #
2018/0228(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Innovative infrastructure technologies that enable the transition to a low carbon energy and mobility systems and improve security of supply are essential in view of the Union's decarbonisation agenda. In particular, in its Communication of 23 November 2017 "Communication on strengthening Europe's energy networks"28 , the Commission emphasised that the role of electricity, where renewable energy will constitute half of the electricity generation by 2030, will increasingly be driving the decarbonisation of sectors so far dominated by fossil fuels, such as transport, industry and heating and cooling and that accordingly, the focus under the trans- European energy infrastructure policy is increasingly on electricity interconnections, electricity storages and smart grids projects. To support the Union's decarbonisation objectives, due consideration and priority should be given to technologies and projects contributing to the transition to a low carbon economy. The Commission will aim at increasing the number of cross-border smart grid, innovative storage as well as carbon dioxide transportation projects to be supported under the Programme. __________________ 28, and projects for territories affected by fair social transition. __________________ 28 COM(2017) 718. COM(2017) 718.
Amendment 249 #
2018/0228(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The achievement of the digital single market relies on the underlying digital connectivity infrastructure. The digitalisation of European industry and the modernisation of sectors like transport, energy, healthcare and public administration depend on universal access to reliable, affordable, high and very high capacity networks. Digital connectivity has become one of the decisive factors to close economic, social and territorial divides, supporting the modernisation of local economies combating depopulation and underpinning the diversification of economic activities. The scope of intervention of the Programme in the area of digital connectivity infrastructure should be adjusted to reflect its increasing importance for the economy and the society at large. Therefore, it is necessary to set out the digital connectivity infrastructure projects of common interest needed to meet Union's digital single market objectives, and to repeal Regulation (EU) No 283/2014 of the European Parliament and of the Council29 . __________________ 29 Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 March 2014 on guidelines for trans- European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC (OJ L 86, 21.3.2014, p. 14).
Amendment 251 #
2018/0228(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Communication on "Connectivity for a Competitive Digital Single Market - Towards a European Gigabit Society"30 (the Gigabit Society Strategy) sets out strategic objectives for 2025, in view of optimising investment in digital connectivity infrastructure. Directive (EU) 2018/XXX [European Electronic Communications Code] aims inter alia at creating a regulatory environment which incentivises private investments in digital connectivity networks. It is nevertheless clear that network deployments, will remain commercially non-viablehich are highly necessary, will require closer attention given their limited cost efficiency in many areas throughout the Union, due to various factors such as remoteness and territorial or geographical specificities, low population density, various socio-economic factors. The Programme should therefore be adjusted to contribute to the achievement of these strategic objectives set out in the Gigabit Society Strategy, complementing the support provided for the deployment of very high capacity networks by other programmes, in particular the European Regional Development Fund (ERDF) and Cohesion Fund and the InvestEU fund. __________________ 30 COM(2016) 587.
Amendment 254 #
2018/0228(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Schools, universities, libraries, local, regional or national administrations, main providers of public services, hospitals and medical centres, transport hubs and digitally intensive enterprises are entities and places that can influence important socio-economic developments in the area where they are located, including rural and depopulated areas. Such socio- economic drivers need to be at the cutting edge of Gigabit connectivity in order to provide access to the best services and applications for European citizens, business and local communities. The Programme should support access to Gigabit connectivity for these socio- economic drivers with a view to maximising their positive spill-over effects on the wider economy and society, including by generating wider demand for connectivity and services.
Amendment 299 #
2018/0228(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The policy objectives of this Programme will be also addressed through financial instruments and budgetary guarantee under the policy window(s) [...] of the InvestEU Fund. The Programme's actions should be used to address market failures or sub-optimal investment situations, in a proportionate but adequate manner, without duplicating or crowding out private financing and have a clear European added value.
Amendment 305 #
2018/0228(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to favour an integrated development of the innovation cycle, it is necessary to ensure complementarity between the innovative solutions developed in the context of the Union Research and Innovation framework programmes and the innovative solutions deployed with support from the Connecting Europe Facility. For this purpose, synergies with Horizon Europe will ensure that: (a) research and innovation needs in the areas of transport, energy and in the digital sector within the EU are identified and established during Horizon Europe’s strategic planning process; (b) the Connecting Europe Facility supportscooperates closely with Horizon Europe for the large- scale roll-out and deployment of innovative technologies and solutions in the fields of transport, energy and digital infrastructure, in particular those resulting from Horizon Europe; (c) the exchange of information and data between Horizon Europe and the Connecting Europe Facility will be facilitated, for example by highlighting technologies from Horizon Europe with a high market readiness that could be further deployed through the Connecting Europe Facility.
Amendment 308 #
2018/0228(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the European Regional Development Fund (ERDF) and Cohesion Fund, the European Investment Stabilisation Function, InvestEU and the Connecting Europe Facility, where relevant. The European Semester should therefore devote a heading to monitoring the consistency between multi-annual national investment strategies and national commitments under the CEF, as well as proposing appropriate corrective measures. Financial support should also be used in a manner consistent with Union and national energy and climate plans where relevant.
Amendment 323 #
2018/0228(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201639 , there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. Evaluations should be carried out by the Commission and communicated to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions in order to assess the effectiveness and efficiency of the funding and its impact on the overall goals of the Programme and make any adjustments necessary. __________________ 39 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14
Amendment 337 #
2018/0228(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It lays down the objectives of the Programme, the budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding. Projects forming part of this programme may be promoted, submitted, funded and/or managed by Member States, regional authorities, local authorities and other sponsors under Article 11 of this Regulation.
Amendment 363 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) “cross-border project in the field of transport” means a project selected or eligible to be selected under a cooperation agreement or any other kind of agreement between Member States, between Member States and third countries or between Member States and regional and local authorities in the planning or deployment of transport infrastructures in accordance with Part III of the Annex to this Regulation;
Amendment 372 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) “cross-border project in the field of renewable energy” means a project selected or eligible to be selected under a cooperation agreement or any other kind of arrangements between Member States or arrangements between Member States and third countries as defined in Articles 6, 7, 9 or 11 of Directive 2009/828/EC in the planning or deployment of renewable energy, in accordance with the criteria set out in Part IV of the Annex to this Regulation;
Amendment 373 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) “cross-border project in the field of renewable energy” means a project selected or eligible to be selected under a cooperation agreement or any other kind of arrangements between Member States or arrangements between Member States and third countries as defined in Articles 6, 7, 9 or 11 of Directive 2009/828/EC in the planning or deployment of renewable energy, in accordance with the criteria set out in Part IV of the Annex to this Regulation;
Amendment 390 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) “project of common interest” means a project identified in Regulation (EU) No 1315/2013 or Regulation (EU) No 347/2013 or in Article 8 of this Regulation; that may be promoted, submitted, funded and/or managed by Member States, regional authorities, local authorities and other sponsors;
Amendment 394 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) “studies"” means activities needed to prepare project implementation, such as preparatory, mapping, feasibility, evaluation, testing and validation studies, including in the form of software, definitive studies and any other technical support measure, including prior action to define and develop a project and decide on its financing, such as reconnaissance of the sites concerned and preparation of the financial package;
Amendment 395 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) “socio-economic drivers" means entities which by their mission, nature or location can directly or indirectly generate important socio-economic benefits to citizens, business and local communities located in their surrounding territory or area of influence;
Amendment 397 #
2018/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) “third country”“ means a country that is not member of the European Union under Article 5 of this Regulation;
Amendment 419 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Programme has the general objective to develop and modernise the trans-European networks in the fields of transport, energy and digital, so as to consolidate territorial, social and economic cohesion and promote territorial accessibility and connectivity in all regions of the Union and to facilitate cross-border cooperation in the field of renewable energy, taking into account the long-term decarbonisation commitments and with emphasis on synergies among sectors.
Amendment 433 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart, interoperable, sustainable, multimodal, inclusive, safe and secure mobility, ensuring equal access to the single market for all Union Member States;
Amendment 460 #
2018/0228(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point ii
Article 3 – paragraph 2 – point a – point ii
(ii) to adapt the TEN-T networks to militarydual (civilian and defence) mobility needs;
Amendment 555 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The amount referred to in paragraph 1 may also be used for technical and administrative assistance for the implementation of the Programme and the sector-specific guidelines, such as preparatory, monitoring, control, audit and evaluation activities including corporate information and technology systems. This amount may also be used to finance accompanying measures to support the preparation of projects.
Amendment 576 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. As regards the amounts transferred from the Cohesion Fund, 30 % of these amounts shall be made available immediately to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation, with priority to predetermined sections of cross- border and missing links in Part III of the Annex. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund with regard to 70 % of the resources transferred. As of 1 January 2024, resources transferred to the Programme which have not been committed to a transport infrastructure project shall be made available to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with this Regulation.
Amendment 582 #
2018/0228(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Resources allocated to Member States under shared management may, at their request and in agreement with the managing authority, be transferred to the Programme. The Commission shall implement those resources directly in accordance with [point (a) of Article 62(1)] of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible tThose resources shall be used for the benefit of the Member State concerned. or, where appropriate, for the benefit of the regions or managing authorities concerned that have opted for the transfer and management of their resources;
Amendment 610 #
2018/0228(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Cross-border projects in the field of transport 1. Cross-border project in the field of transport shall require the participation of at least two Member States, as well as regional and local authorities or sponsors, and shall be included in a cooperation agreement or any other kind of agreement between Member States, between Member States and third countries or between Member States and regional and local authorities in the planning or deployment of transport infrastructures in accordance with Part III of the Annex to this Regulation; 2. Member States, regional authorities or sponsors participating in a cross-border transport project may set up a joint body (one-stop shop) for project management and implementation. These joint bodies shall have extensive decision- making powers, with EU rules prevailing, facilitating the management of all environmental impact assessments and planning and building permits. 3. In order to address difficulties in coordinating procedures for the concession of cross-border TEN-T infrastructural projects, European coordinators shall authorised to propose and monitor these procedures and to facilitate their synchronisation and completion. 4. Given the need to ensure coordination and cooperation between the Member States through the designated single competent authority, as well as the need to set joint deadlines for the granting of cross-border permits and the launching of public procurement for joint cross- border projects, the requisite measures shall be in accordance with the Regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (COM (2018) 277).
Amendment 673 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point i
Article 9 – paragraph 2 – point a – point i
(i) aActions implementing the core network in accordance with Chapter III of Regulation (EU) No 1315/2013, including actions relating to urban nodes, maritime ports, inland ports, airports, multimodal logistics platforms and rail-road terminals of the core network as defined at Annex II to Regulation (EU) No 1315/2013. Actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in Article 19 of this Regulation;
Amendment 689 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point i i a (new)
Article 9 – paragraph 2 – point a – point i i a (new)
(iia) measures for the harmonisation of cross-border and customs regulations and for administrative and legislative procedures (with the aim of establishing a pan-EU regulatory framework for dual (civilian and defence mobility);
Amendment 690 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a – point iii
Article 9 – paragraph 2 – point a – point iii
(iii) actions implementing sections of the comprehensive network located in outermost regions in accordance with Chapter II of Regulation (EU) No 1315/2013, including actions relating to the relevant urban nodes, maritime ports, inland ports, airports, multimodal logistics platforms and rail-road terminals of the comprehensive network as defined at Annex II to Regulation (EU) No 1315/2013;
Amendment 706 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – introductory part
Article 9 – paragraph 2 – point b – introductory part
(b) Actions relating to smart, sustainableinteroperable, sustainable, multimodal, inclusive, safe and secure mobility:
Amendment 718 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point ii
Article 9 – paragraph 2 – point b – point ii
(ii) actions supporting telematic applications systems, includingespecially for safety purposes, in accordance with Article 31 of Regulation (EU) No 1315/2013;
Amendment 721 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point iii a (new)
Article 9 – paragraph 2 – point b – point iii a (new)
(iiia) actions to remove interoperability barriers, notably when delivering corridor/network effects, particularly in regard to promoting a rise in rail freight traffic;
Amendment 740 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point v
Article 9 – paragraph 2 – point b – point v
Amendment 746 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point vi a (new)
Article 9 – paragraph 2 – point b – point vi a (new)
(via) actions supporting the life cycle of projects, and therefore the monitoring of the condition of transport infrastructure and its maintenance;
Amendment 748 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point viii
Article 9 – paragraph 2 – point b – point viii
(viii) actions improving transport infrastructure accessibility for all usersmeans of transport and all users, especially users with reduced mobility, in accordance with Article 37 of Regulation (EU) No 1315/2013;
Amendment 751 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point viii a (new)
Article 9 – paragraph 2 – point b – point viii a (new)
(viiia) actions improving accessibility and connectivity in all EU regions, including remote, outermost, island, peripheral and mountain regions, as well as depopulated and scarcely populated areas, including actions relating to relevant urban nodes, maritime and inland ports, and rail terminals, and actions developing transport infrastructure between urban centres and rural areas in order to promote territorial cohesion and encourage the fight against depopulation;
Amendment 774 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) Under the specific objective referred to in Article 3(2)(a)(ii): actions, or specific activities within an action, supporting transport infrastructure on the TEN-T Network in order to adapt it to militarydual (civilian and defence) mobility requirements with the purpose of enabling a civilian-military dual-use of the infrastructure.
Amendment 836 #
2018/0228(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The work programmes referred to in Article 19 may provide that only proposals submitted by one or more Member States or one or more regional authorities or local authorities or, with the agreement of the Member States concerned, by international organisations, joint undertakings, or public or private undertakings or bodies are eligible.
Amendment 846 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) economic, socialimprovements to economic, social and territorial cohesion, and environmental impact (benefits and costs);
Amendment 869 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(ea) the life cycle of projects, and therefore the monitoring of the condition of transport infrastructure and its maintenance;
Amendment 874 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f a (new)
Article 13 – paragraph 1 – point f a (new)
(fa) alternative route using the same means to be anticipated for any temporary closure of the initial route by works funded by the CEF or other EU funds;
Amendment 900 #
2018/0228(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. In the transport sector, the assessment of proposals against the award criteria referred to in paragraph 1 shall, where applicable, ensure that proposed actions are consistent with the corridor work plans and implementing acts pursuant to Article 47 of Regulation (EU) No 1315/2013 and take into account the opinion of the responsible European Coordinator pursuant to Article 45 (8) thereof. The assessment shall also ensure that the implementation of actions financed by the CEF does not cause serious disruption to freight and passenger flows on the section of line concerned by the project.
Amendment 918 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links under the conditions specified in point (c) of this paragraph, for actions supporting the motorways of the sea and maritime links, for actions supporting ports in the comprehensive network, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions;
Amendment 923 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for works relating to the specific objectives referred to in Article 3 (2) (a), the amount of Union financial assistance shall not exceed 30 % of the total eligible cost. The co-financing rates may be increased to a maximum of 50 % for actions relating to cross-border links under the conditions specified in point (c) of this paragraph, for actions enhancing rail interoperability, for actions supporting improvements to territorial accessibility and to connectivity, for actions supporting telematic applications systems, for actions supporting new technologies and innovation, for actions supporting improvements of infrastructure safety in line with relevant Union legislation and for actions located in outermost regions;
Amendment 944 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) as regards the amounts transferred from the Cohesion Fund, the maximum co- financing rates shall be those applicable to the Cohesion Fund as referred to in the Regulation (EU) XXX [CPR]. These co- financing rates may be increased to a maximum of 85 % for actions relating to cross-border links under the conditions specified in point (c) of this paragraph and for actions supporting improvements to territorial accessibility and to connectivity;
Amendment 956 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) as regards actions relating to cross- border links, the increased maximum co- financing rates as provided for in points (a) and (b) may only apply to actions that demonstrate a particularly high degree of integration in the planning and implementation of the action for the purpose of the award criterion referred to in Article 13(1)(c), notably through the establishment ofin accordance with Article 6a of this Regulation of a joint body comprising a single project company, a joint governance structure and a bilateral legal framework or implementing act pursuant to Article 47 of Regulation (EU) No 1315/2013.
Amendment 969 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. After the co-financing rate has been decided and at the point when the grant is awarded the Commission shall provide project promotors with a list that is as comprehensive as possible of all opportunities and means whereby to obtain in due course the remaining financial support.
Amendment 971 #
2018/0228(COD)
Proposal for a regulation
Article 14 – paragraph 5 b (new)
Article 14 – paragraph 5 b (new)
Amendment 973 #
2018/0228(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) the cost of equipment, facilities and infrastructure which is treated as capital expenditure by the beneficiary may be eligible up to its entirety; other costs may be eligible on an exceptional basis in accordance with the conditions laid down in the work programmes;
Amendment 1058 #
2018/0228(COD)
Proposal for a regulation
Annex I – part I – table – Transport – Specific Objectives and Indicators
Annex I – part I – table – Transport – Specific Objectives and Indicators
Transport: Efficient and Number of cross-border and missing links interconnected networks addressed with the support of CEF and infrastructure for (including actions relating to urban nodes, smart, sustaininteroperable, maritime ports, inland ports and rail-road inclusive, safe and sustainable, multimodal, terminals of the TEN-T core network) inclusive, safe and secure mobility Number of CEF supported actions contributing to the digitalisation of transport Number of alternative fuel supply points built or upgraded with the support of CEF Number of CEF supported actions contributing to the safety of transport Adaptation to militarydual Number of transport infrastructure mobility requirements(civil and components adapted to meet military mobilitydual mobility defence) requirements (civil and defence) requirements
Amendment 1091 #
2018/0228(COD)
Proposal for a regulation
Annex I – part II – paragraph 1 – indent 2
Annex I – part II – paragraph 1 – indent 2
– 40 % for the actions listed at Article 9 paragraph 2 (b): "Actions relating to smart, sustainableinteroperable, sustainable, multimodal, inclusive, safe and secure mobility".
Amendment 1102 #
2018/0228(COD)
Proposal for a regulation
Annex I – part III – title
Annex I – part III – title
PART III: HORIZONTAL PRIORITIES, TRANSPORT CORE NETWORK CORRIDORS AND PRE- IDENTIFIED SECTIONS; PRE- IDENTIFIED SECTIONS ON THE COMPREHENSIVE NETWORK
Amendment 1103 #
2018/0228(COD)
Proposal for a regulation
Annex I – part III – point -1 (new)
Annex I – part III – point -1 (new)
-1. Horizontal priorities Telematic application systems for road, rail, inland waterway and maritime traffic (ITS, ERTMS, RIS, VTMIS and smart tachograph)
Amendment 1120 #
2018/0228(COD)
Proposal for a regulation
Annex I – Part III – point 1 – table – Core network corridor “Mediterranean”
Annex I – Part III – point 1 – table – Core network corridor “Mediterranean”
Core network corridor "Mediterranean" Alignment Algeciras – Bobadilla –Madrid – Zaragoza – Tarragona Zaragoza – Teruel – Valencia/Sagunto Valencia – Madrid Sevilla – Bobadilla – Murcia Cartagena – Murcia – Valencia – Tarragona/Palma de Mallorca – Barcelona Tarragona – Barcelona – Perpignan – Marseille – Genova/Lyon – Torino – Novara – Milano – Bologna/Verona – Padova – Venezia – Ravenna/Trieste/Koper – Ljubljana – Budapest Ljubljana/Rijeka – Zagreb – Budapest – UA border Pre- Cross- Lyon – Torino: base tunnel and access Rail identified border routes sections Nice – Ventimiglia Trieste – Divača Ljubljana – Zagreb Zagreb – Budapest Budapest – Miskolc – UA border Lendava – Letenye Road Vásárosnamény – UA border Missing Perpignan – Montpellier Rail link Koper – Divača Rijeka – Zagreb Milano – Cremona – Mantova – Porto Inland Levante/Venezia – Ravenna/Trieste waterways
Amendment 109 #
2018/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In addition, investments under the ERDF should contribute to the development of a comprehensive high- speed digital infrastructure network, particularly in rural areas, and to promoting clean and sustainable multimodal urban mobility.
Amendment 163 #
2018/0197(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Trans-European transport networks projects in accordance with Regulation (EU) No 1316/2013 shall continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility ('CEF'). These networks must prioritise investment in road transport networks in rural areas, especially in sparsely populated areas, in order to foster interconnectivity between cities and the countryside, promote rural development, and combat both rural depopulation and the overcrowding of urban centres.
Amendment 174 #
2018/0197(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to maximise the contribution to territorial development, actions in this field should be based on integrated territorial strategies including, especially in sparsely populated rural areas and in urban areas. Therefore, the ERDF support should be delivered through the forms set out in Article 22 of Regulation (EU) 2018/xxxx [new CPR] ensuring appropriate involvement of local, regional and urban authorities.
Amendment 221 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – point ii
Article 2 – paragraph 1 – point a – point ii
(ii) reaping the benefits of digitisation for citizens, companies and governments at regional and local level, with a special focus on rural areas, mountainous areas, areas that are difficult to access, areas affected by industrial transition and regions that suffer from severe and permanent natural or demographic handicaps;
Amendment 375 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – point iv a (new)
Article 2 – paragraph 1 – point d – point iv a (new)
(iv a) providing support for physical, economic and social regeneration in deprived communities (in urban and rural areas).
Amendment 407 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – point ii
Article 2 – paragraph 1 – point e – point ii
(ii) fostering the integrated social, economic and environmental local development, cultural heritage and security, including for rural areas, mountain regions, sparsely populated areas, certain islands and coastal areas, alsos well as other types of territory, through community-led local development.
Amendment 424 #
2018/0197(COD)
(iib) supporting integrated territorial development for NUTS level 3 areas, areas with ageing populations and rural areas in order to improve their transport and telecommunications infrastructure, to bridge the digital divide (including between generations), and to improve public services, including eLearning, co- working and eHealth.
Amendment 768 #
2018/0197(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Areas facing demographic challenges In operational programmes that are co- funded by the ERDF and cover areas facing severe and permanent natural or demographic challenges such as those referred to in Article 174 TFEU, special attention must be paid to addressing the challenges facing those areas. In particular, NUTS level 3 areas or clusters of local administrative units (LAUs) with a population density of below 12.5 inhabitants per km2 for sparsely populated areas or below 8 inhabitants per km2 for very sparsely populated areas, or with an average population decrease of more than 1% between 2007 and 2017 shall be subject to specific regional and national plans to enhance attractiveness, increase business investment and boost the accessibility of digital and public services, including a fund in the cooperation agreement.
Amendment 148 #
2018/0196(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Particular attention should be paid to rural areas, mountain areas, areas hard to reach, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps.
Amendment 250 #
2018/0196(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The decline in the working population in relation to the population as a whole, coupled with an ever-increasing percentage of pensioners, and the problems associated with population dispersion are expected to impose continuing strains, especially on Member States’ education systems and social safety nets and hence on the Union’s economic competitiveness. Adaptation to these demographic shifts is one of the main challenges facing Member States and regions in the years ahead and should accordingly be a focus of particular attention in the regions most affected by demographic change.
Amendment 435 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) Investment for jobs and growth, including strategic infrastructure investments in the Member States and regions most affected, to be supported by the ERDF, the ESF+ and the Cohesion Fund, so as to help ensure the necessary public service provision, while improving personal prospects and employment opportunities in the area concerned; and
Amendment 622 #
2018/0196(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g a (new)
Article 8 – paragraph 1 – point g a (new)
(ga) where applicable, an integrated approach to address demographic challenges for the regions or the specific needs of geographical areas which suffer from severe and permanent natural or demographic handicaps as referred in Article 174 TFEU.
Amendment 973 #
2018/0196(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Programming in areas with severe and permanent natural or demographic handicaps In programmes covering areas with severe and permanent natural or demographic handicaps, as referred to in Article 174 TFEU, particular attention shall be paid to the specific difficulties of those areas. In particular, NUTS level 3 areas or clusters of local administrative units (LAUs) with a population density below 12.5 inhabitants per km2 for sparsely populated areas or below 8 inhabitants per km2 for very sparsely populated areas, or with an average annual population decrease of more than 1% between 2007 and 2017, shall be subject to specific regional and national plans to enhance attractiveness, increase business investment, and promote social inclusion, through preparatory programmes for people living in declining regions, social and digital inclusion for women, young people, and older adults, and digital and public service accessibility, including dedicated funding under the partnership agreement1 a. NUTS level 3 areas where the fall in GDP has been above the national average since 2007 shall also be subject to regional and national plans to enhance economic attractiveness and build capacity within the existing labour force, and build and attract new capacities and workers, which shall be financed by dedicated funding under the partnership agreement. _________________ 1a As called for in the 2012 ESPON study entitled ‘Making the best of Europe’s sparsely populated areas on making geographic specificity a driver for territorial development in Europe’.
Amendment 1823 #
2018/0196(COD)
Proposal for a regulation
Article 103 – paragraph 2 – subparagraph 2
Article 103 – paragraph 2 – subparagraph 2
That decision shall also set out the annual breakdown of the global resources per Member State under the European territorial cooperation goal (Interreg). Therefore, the minimum overall allocation of the Funds, at both national and regional level, shall be equal to 76 % of the budget allocated to each Member State or region during the period 2014- 2020. In any case, no region which is downgraded in category shall receive less than what it receives in the 2014-2020 financial framework.
Amendment 1922 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point a
Article 106 – paragraph 3 – subparagraph 1 – point a
(a) 7085 % for the less developed regions;
Amendment 1944 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point b
Article 106 – paragraph 3 – subparagraph 1 – point b
(b) 5570 % for the transition regions;
Amendment 1959 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c
Article 106 – paragraph 3 – subparagraph 1 – point c
(c) 450 % for the more developed regions.
Amendment 1963 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 1 – point c a (new)
Article 106 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) No region that is downgraded in category may have its co-financing rate cut by more than 10 points compared with the period 2014-2020.
Amendment 1965 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 – subparagraph 2
Article 106 – paragraph 3 – subparagraph 2
The co-financing rates set out underlaid down in point (a), shall also apply to outermost regions and those regions which have depopulation problems (less than 12.5 inhabitants per square kilometre at NUTS 3 level).
Amendment 1987 #
2018/0196(COD)
Proposal for a regulation
Article 106 – paragraph 3 a (new)
Article 106 – paragraph 3 a (new)
3a. The co-financing rate referred to in objective (xi) of Article [4] of the ESF+ Regulation shall not be less than 85% or more than 100%.
Amendment 2084 #
2018/0196(COD)
Proposal for a regulation
Annex XXIV – point 15 a (new)
Annex XXIV – point 15 a (new)
15a. No region which is downgraded in category shall receive less than what it receives in the 2014-2020 financial framework.
Amendment 264 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c– paragraph 1
Article 86 c– paragraph 1
1. Member States shall ensure that where a company intends to carry out a cross-border conversion, the relevant court, notary or other competent authority of the departure and destination Member States verify that the cross-border conversion complies with the conditions laid down in paragraph 2.
Amendment 268 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point b
Article 86 c – paragraph 2 – point b
Amendment 269 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point c
Article 86 c – paragraph 2 – point c
Amendment 272 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 2 – point e
Article 86 c – paragraph 2 – point e
(e) preventive measures have been taken by the national authorities to avoid the initiation of proceedings referred to in points (a), (b) or (d).
Amendment 279 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 c – paragraph 3
Article 86 c – paragraph 3
Amendment 318 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – title
Article 86 e – title
Article 86e Report of the management or administrative organ to the members and to the employees
Amendment 321 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 1
Article 86 e – paragraph 1
1. The management or administrative organ of the company carrying out the cross-border conversion shall draw up a report explaining and justifying the legal and economic aspects of the cross-border conversion, as well as the implications of the cross-border conversion for employees.
Amendment 326 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c
Article 86 e – paragraph 2 – point c
(c) the rights and remedies available to members opposing the conversion in accordance with Article 86j., if any
Amendment 327 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c a (new)
Article 86 e – paragraph 2 – point c a (new)
(ca) the implications of the cross- border conversion on the safeguarding of employment relationships;
Amendment 330 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c b (new)
Article 86 e – paragraph 2 – point c b (new)
(cb) any material changes in the conditions of employment and in the location of the company’s places of business;
Amendment 334 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c c (new)
Article 86 e – paragraph 2 – point c c (new)
(cc) whether the factors set out in points(a), (d) and (e) also relate to any subsidiaries of the company.
Amendment 337 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3
Article 86 e – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members and to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves, not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly available to the representatives of the employees of the company carrying out the cross-border conversion or, where there are no such representatives, to the employees themselves.
Amendment 342 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3 a (new)
Article 86 e – paragraph 3 a (new)
3a. Where the management or administrative organ of the company carrying out the cross- border conversion receives, in good time, an opinion from the representatives of their employees or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
Amendment 349 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
Article 86 f – paragraph 4
4. However, that report shall not be required where allt least two thirds the members of the company carrying out the cross-border conversion have agreed to waive this requirement information referred to in paragraph 1 (b) and (c) of this article shall not be required .
Amendment 352 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 a (new)
Article 86 f – paragraph 4 a (new)
4a. Where a company carrying out the cross- border conversion and its subsidiaries, if any, have no employees other than those who form part of the management or administrative organ, information referred to in paragraph 1 (d), (e) and (f) shall not be required.
Amendment 355 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 b (new)
Article 86 f – paragraph 4 b (new)
4b. Paragraphs 1 to 4a are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the transposition of Directives 2002/14/EC or 2009/38/EC.
Amendment 357 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – title
Article 86 f – title
Amendment 360 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1131
Article 86 f – paragraph 1
Article 86 f – paragraph 1
Amendment 363 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2
Article 86 f – paragraph 2
Amendment 388 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 3 Directive (EU) 2017/1132
Amendment 396 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
Article 86 f – paragraph 4
Amendment 403 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 5
Article 86 f – paragraph 5
Amendment 407 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 6
Article 86 f – paragraph 6
Amendment 414 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1
Article 86 g – paragraph 1
Member States shall ensurmay decide that thea company carrying out the cross-border conversionshall appliesy not less than two months before the date of the general meeting referred to in Article 86i to the competent authority designated in accordance with Article 86m(1), to appoint an expert to examine and assess the draft terms of the cross- border conversion and the reports referred to in Articles 86e and 86f, subject to the proviso set out in paragraph 6 of this Article.
Amendment 431 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3
Article 86 g – paragraph 3
3. The expert shall draw up a written report providing at least: a detailed assessment of the accuracy of the reports and information submitted by the company carrying out the cross-border conversion
Amendment 435 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point a
Article 86 g – paragraph 3 – point a
Amendment 438 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point b
Article 86 g – paragraph 3 – point b
Amendment 456 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h – paragraph 1 – point b
Article 86 h – paragraph 1 – point b
(b) the independent expert report and information submitted by the company carrying out the cross-border conversion referred to in Article 86g (a), where applicable;, and a statement authorising the company to submit the draft terms of the cross border conversion to its general meeting.
Amendment 468 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 1
Article 86 j – paragraph 1
1. Member States shall ensurmay provide that the following members of a company carrying out cross-border conversion have the right to dispose of their shareholdings under the conditions laid down in paragraphs 2 to 6:
Amendment 470 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 1 – point a
Article 86 j – paragraph 1 – point a
(a) the members holding shares with voting rights and who did not vote forwho at the general meeting voted against the approval of the draft terms of the cross- border conversion and voiced their intent to make use of the exit right;
Amendment 472 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 1– point b
Article 86 j – paragraph 1– point b
(b) the members holding shares without voting rights, who voiced their intent to make use of the exit right at the general meeting.
Amendment 478 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 5
Article 86 j – paragraph 5
5. Member States shall provide that any member who has accepted the offer of cash compensation referred to in paragraph 3 but who considers that the compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court within one month15 days of the acceptance of the offer.
Amendment 480 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 k – paragraph 2
Article 86 k – paragraph 2
2. Member States shall ensure that creditors, whose rights predate the cross- border conversion the draft terms , and who are dissatisfied with the protection of their interests provided for in the draft terms of the cross-border conversion, as provided for in Article 86d(f), may apply to the appropriate administrative or judicial authority for adequate safeguards within one month of the disclosure referred to in Article 86h.
Amendment 481 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 k – paragraph 3 – point b
Article 86 k – paragraph 3 – point b
(b) where creditors are offered a right to payment, either against a third party guarantor, or against the company resulting from the cross-border conversion of at least equivalentthe actual value tof their original claim, which may be brought in the same jurisdiction as their original claim, and which is of a credit quality at least commensurate with the creditor's original claim immediately after the completion of the conversion.
Amendment 486 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l– paragraph 2
Article 86 l– paragraph 2
2. However, the rules in force concerning employee participation, if any, in the destination Member State shall not apply, where the company carrying out the conversion has, in the six months prior to the publication of the draft terms of the cross-border conversion as referred to in Article 86d of this Directive, an average number of employees equivalent to four fifths of the applicable threshold, laid down in the law of the departure Member State, which triggers ththat exceeds 500 and is operating under an employee participation of employeessystem within the meaning of point (k) of Article 2 of Directive 2001/86/EC, or where the national law of the destination Member State does not:
Amendment 498 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 4
Article 86 l – paragraph 4
Amendment 510 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 l – paragraph 7
Article 86 l – paragraph 7
7. Where the converted company is operating under an employee participation system, that company shall be obliged to take measures to ensure that employees' participation rights are protected in the event of any subsequent cross-border or domestic merger, division or conversion for a period of threone years after the cross- border conversion has taken effect, by applying mutatis mutandis the rules laid down in paragraphs 1 to 6.
Amendment 512 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 1
Article 86 m – paragraph 1
1. Member States shall designate the court, notary or other authority competent to scrutinise the legality of the cross-border conversion as regards that part of the procedure which is governed by the law of the departure Member State and to issue a pre- conversion certificate attesting compliance with all the relevant conditions and the proper completion of all procedures and formalities in the departure Member State.
Amendment 513 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 1
Article 86 m – paragraph 1
1. Member States shall designate the court, notary or other authority competent to scrutinise the legality of the cross-border conversion as regards that part of the procedure which is governed by the law of the departure Member State and to issue a pre- conversion certificate attesting compliance with all the relevant conditions and the proper completion of all procedures and formalities in the departure Member State.
Amendment 521 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 m – paragraph 5 – point c a (new)
Article 86 m – paragraph 5 – point c a (new)
(ca) whether the cross-border conversion does not pretend abusive, fraudulent or criminal purposes, leading or aimed to lead to the evasion or circumvention of national or EU law, including the evasion or circumvention of rights of employees, creditors or members.
Amendment 532 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 n – paragraph 1 – subparagraph 1
Article 86 n – paragraph 1 – subparagraph 1
Member States shallmay ensure in order to assess whether the cross-border conversion constitutes an artificial arrangement within the meaning of Article 86c(3), that the competent authority of the departure Member State carries out an in-depth assessment of all relevant facts and circumstances and, if there are strong, objective suspicions that the company is conducting the cross border conversion in order to avoid or breach the law of the departure Member State. An in-depth assessment shall take into account at a minimum the following: the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the commercial risks assumed by the converted company in the destination Member State and the departure Member State.
Amendment 539 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 p – paragraph 1
Article 86 p – paragraph 1
Member States shall designate anthe court, notary or other authority competent to scrutinise the legality of the cross-border conversion as regards that part of the procedure which is governed by the law of the destination Member State and to approve the cross-border conversion where the conversion complies with all the relevant conditions and the proper completion of all procedures and formalities in the destination Member State.
Amendment 540 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Member States shall designate anthe court, notary or other authority competent to scrutinise the legality of the cross-border conversion as regards that part of the procedure which is governed by the law of the destination Member State and to approve the cross-border conversion where the conversion complies with all the relevant conditions and the proper completion of all procedures and formalities in the destination Member State.
Amendment 585 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124– paragraph 1
Article 124– paragraph 1
1. The management or administrative organ of each of the merging companies shall draw up a report explaining and justifying the legal and economic aspects of the cross-border merger as well as the implications of the cross-border merger for employees.
Amendment 587 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e a (new)
Article 124 – paragraph 2 – point e a (new)
(ea) the implications of the cross- border merger on the safeguarding of the employment relationships;
Amendment 588 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2017/1132
Article 124 – paragraph 2 – point e b
Article 124 – paragraph 2 – point e b
(eb) any material changes in the conditions of employment and in the locations of the companies’ places of business;
Amendment 589 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e c (new)
Article 124 – paragraph 2 – point e c (new)
(ec) whether the factors set out in points (a), (f) and (g) also relate to any subsidiaries of the merging companies.
Amendment 594 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3
Article 124 – paragraph 3
3. The report shall be made available, at least electronically, to the members of each of the merging companiesand to the representatives of the employees of each of the merging companies or, where there are no such representatives, to the employees themselves, not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly available to the representatives of the employees of each of the merging companies, or where there are no such representatives, to the employees themselves. However, where the approval of the merger is not required by general meeting of the acquiring company in accordance with Article 126(3), the report shall be made available, at least one month before the date of the general meeting of the other merging company or companies.
Amendment 598 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3 a (new)
Article 124 – paragraph 3 a (new)
Amendment 601 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 4
Article 124 – paragraph 4
4. However, the reportinformation referred to in paragraph 1, (b), (c), (d) and (e) shall not be required where allt least two thirds of the members of the merging companies have agreed to waive this requirement.;
Amendment 602 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 4 a (new)
Article 124 – paragraph 4 a (new)
4a. Where the merging companies and their subsidiaries, if any, have no employees, other than those who form part of the management or administrative organ, the information referred in paragraph 1 (f), (g) and (h) shall not be required to be drawn up.
Amendment 604 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124– paragraph 4 b (new)
Article 124– paragraph 4 b (new)
4b. The submission of the report is without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
Amendment 605 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a
Article 124a
Amendment 635 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a – paragraph 1 – point a
Article 126a – paragraph 1 – point a
(a) the members holding shares with voting rights and who did notwho at the general meeting voted for the approval of the common draft terms of the cross-border merger and voiced their intent to make use of the exit right;
Amendment 636 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a – paragraph 1 – point b
Article 126a – paragraph 1 – point b
(b) the members holding shares without voting rights, who voiced their intent to make use of the exit right at the general meeting.
Amendment 640 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a – paragraph 3
Article 126a – paragraph 3
3. Member States shall ensure that each of the merging companies makes an offer of adequate cash compensation in the common draft terms of the cross-border merger, as specified in Article 122(1)(m), to those members referred to in paragraph 1 of this Article who wish to exercise their right to dispose of their shareholdings. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 126express their intention to make use of their exit right before the general meeting or, in cases where the approval of the general meeting is not required, within twoone months after the disclosure of the common draft terms of merger referred to in Article 123. Member States shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose.
Amendment 642 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a – paragraph 6
Article 126a – paragraph 6
6. Member States shall ensure that any member who has accepted the offer of cash compensation referred to in paragraph 3, but who considers that the cash compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court within one month15 days of the acceptance of the offer. The court shall be assisted by an expert to recalculate the cash compensation.
Amendment 643 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017 / 1132
Article 126 b – paragraph 2
Article 126 b – paragraph 2
2. Member States shall ensure that creditors of the merging companies whose claims originate before the cross-border merger who are dissatisfied with the protection of their interests as provided for in the common draft terms of the cross- border merger, as provided for in Article 122(1)(n), may apply to the appropriate administrative or judicial authority for adequate safeguards within one month of the disclosure referred to in Article 123.
Amendment 644 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126b – paragraph 3 – point b
Article 126b – paragraph 3 – point b
(b) where creditors are offered a right to payment, either against a third party guarantor, or against the company resulting from the merger of at least equivalentthe actualised value tof their original claim, which may be brought in the same jurisdiction as was their original claim, and which is of a credit quality at least commensurate with the creditor’s original claim immediately after the completion of the merger.
Amendment 673 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160d – paragraph 3
Article 160d – paragraph 3
Amendment 691 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – title
Article 160g – title
Article 160g Report of the management or administrative organ to the members and to the employees
Amendment 693 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 1
Article 160g – paragraph 1
1. The management or administrative organ of the company being divided shall draw up a report explaining and justifying the legal and economic aspects of the cross-border division, as well as the implications of the merger for employees.
Amendment 696 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point e a (new)
Article 160g – paragraph 2 – point e a (new)
(e a) (f) the implications of the cross- border division on the future business of the recipient companies and, in the case of a partial division, also of the company being divided and on the management's strategic plan;
Amendment 697 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point e b (new)
Article 160g – paragraph 2 – point e b (new)
(e b) (g) the implications of the cross- border division on the safeguarding of the employment relationships;
Amendment 698 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point e c (new)
Article 160g – paragraph 2 – point e c (new)
(e c) (h) any material change in the conditions of employment and the locations of the companies’ places of business;
Amendment 699 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point e d (new)
Article 160g – paragraph 2 – point e d (new)
(e d) (j) whether the factors set out in points(f), (g) and (h) also relate to any subsidiaries of the company being divided.
Amendment 704 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g– paragraph 3
Article 160g– paragraph 3
3. The report referred to in paragraph 1 of this Article shall be made available, at least electronically, to the members of the company being divided, and to the representatives of the employees of the company carrying out the merger conversion or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 160k. That report shall also be made similarly available to the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves.
Amendment 708 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 3 a (new)
Article 160g – paragraph 3 a (new)
3 a. Where the management or administrative organ of the company being divided receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
Amendment 713 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Article 160g
Article 160g – paragraph 4
4. However, the report referred to in paragraph 1, shall not be required where allt least two thirds of the members of the company being divided have agreed to waive this document.
Amendment 714 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4 a (new)
Article 160g – paragraph 4 a (new)
4 a. Where the management or administrative organ of the company being divided receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
Amendment 716 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4 b (new)
Article 160g – paragraph 4 b (new)
4 b. However, where the company being divided and all of their subsidiaries, if any, have no employees, other than those who form part of the management or administrative organ, the report referred to in paragraph 1, shall not be required.
Amendment 717 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4 c (new)
Article 160g – paragraph 4 c (new)
4 c. Paragraphs 1 to 5 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives2001/23/EC, 2002/14/EC or 2009/38/EC.
Amendment 719 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – title
Article 160h – title
Amendment 720 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 20 Directive (EU) 2017/1132
Amendment 723 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2
Article 160h – paragraph 2
Amendment 737 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 3
Article 160h – paragraph 3
Amendment 741 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 4
Article 160h – paragraph 4
Amendment 744 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 5
Article 160h – paragraph 5
Amendment 748 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 6
Article 160h – paragraph 6
Amendment 751 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 1 – subparagraph 1
Article 160i – paragraph 1 – subparagraph 1
Member States shall ensurmay decide that thea company being divided applies to the competent authoritshall apply, designated in accordance with Article 160o(1), not less than two months before the date of the general meeting referred to in Article 160k, to appoint an expert to examine and assess the draft terms of cross-border division and the reports referred to in Articles 160g and 160h, subject to the proviso set out in paragraph 6 of this Article.
Amendment 759 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 3 – point f
Article 160i – paragraph 3 – point f
Amendment 766 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 6
Article 160i – paragraph 6
Amendment 772 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160l – paragraph 1– point a
Article 160l – paragraph 1– point a
(a) the members holding shares with voting rights and, who did not vote forat the general meeting voted against the approval of the draft terms of the cross- border division and voiced their intent to make use of the exit right;
Amendment 773 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160l – paragraph 1– point b
Article 160l – paragraph 1– point b
(b) the members holding shares without voting rights, who voiced their intent to make use of the exit right at the general meeting.
Amendment 776 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160l – paragraph 5
Article 160l – paragraph 5
5. Member States shall provide that any member who has accepted the offer of cash compensation referred to in paragraph 3, but who considers that the compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court within one month15 days of the acceptance of the offer.
Amendment 777 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160m – paragraph 2
Article 160m – paragraph 2
2. Member States shall ensure that creditors, whose rights predate the cross- border division plan, and, who are dissatisfied with the protection of their interests provided for in the draft terms of the cross-border division, as provided for in Article 160e, may apply to the appropriate administrative or judicial authority for adequate safeguards within one month of the disclosure referred to in Article 160j.
Amendment 778 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160m – paragraph 3 – point b
Article 160m – paragraph 3 – point b
(b) where creditors are offered a right to payment, either against a third party guarantor, or against the recipient companies, or in case of a partial division against the recipient company and a company being divided, of at least equivalent value to their original claim, which may be brought in the same jurisdiction as their original claim, and which is of a credit quality at least commensurate with the creditor’s original claim immediately after the completion of the division.
Amendment 790 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160n – paragraph 4
Article 160n – paragraph 4
Amendment 797 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160o – paragraph 1
Article 160o – paragraph 1
1. Member States shall designate the national court, notary or other authority competent to scrutinise the legality of the cross-border divisions as regards the part of the procedure which is governed by the law of the Member State of the company being divided, and to issue a pre-division certificate attesting compliance with all relevant conditions, and the proper completion of all procedures and formalities in that Member State.
Amendment 801 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160p – paragraph 1 – subparagraph 1
Article 160p – paragraph 1 – subparagraph 1
Member States shallmay ensure in order to assess whether the cross-border division constitutes an artificial arrangement within the meaning of Article 160d(3) of this Directive,, that the competent authority of the company being divided shall carry out an in-depth assessment of all relevant facts and circumstances and, if there are strong, objective suspicions that the company is conducting the cross- border division in order to avoid or breach the law of its Member State. An in-depth assessment shall take into account at a minimum the following: the characteristics of the establishment in the Member States concerned, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the commercial risks assumed by the company being divided in the Member State of that company and Member States of recipient companies.
Amendment 806 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160r – paragraph 1
Article 160r – paragraph 1
Member States shall designate anthe court, notary or other authority competent to scrutinise the legality of the cross-border divisions as regards that part of the procedure which concerns the completion of the cross-border division governed by the law of the Member States of the recipient companies and to approve the cross-border division where it complies with all the relevant conditions and all the procedures and formalities in that Member State have been properly completed.
Amendment 46 #
2018/0113(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of Member States. In order to enhance trust, Member States should ensure that secure electronic identification and the use of trust services is possible for national as well as cross- border users in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council34 . Furthermore, in order to enable cross- border electronic identification, Member States should set up electronic identification schemes which provide for authorised electronic identification means. Such national schemes would be used as a basis for the recognition of electronic identification means issued in another Member State. In order to ensure the high level of trust in cross-border situations, only electronic identification means which comply with Article 6 of Regulation (EU) No 910/2014 should be recognised. However, Member States may also recognise other identification means such as a scanned copy of a passport. In any event, this Directive should only oblige Member States to enable online registration of companies and their branches and online filing by Union citizens through the recognition of their electronic identification means. _________________ 34 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 75 #
2018/0113(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Furthermore, in order to tackle fraud, money laundering, and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers, provisions concerning the online registration of companies and their branches should also includeand subsequent online filing should also include legality controls and controls on the identity and legal capacity of persons seeking to establish a company or branch or to file documents and information. However, the means and methods to achieve these controls should be left to Member States to develop and adopt. Those rules could include, amongst others, verification by means of video-conference or other online means that provide a real- time audio-visual connection. To that effect Member States should be able to require the involvement of notaries or lawyers as a part of the online registration and filing process, however, such involvement should not prevent the completion of the registration and filing procedure in its entirety online.
Amendment 105 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU)2017/1132
Article 13
Article 13
The coordination measures prescribed by this Section shall apply to the laws, regulations and administrative provisions of the Member States relating to the types of companies listed in Annex II, and where specified, to the types of companies listed in Annexes I and IIA.; Member States shall be competent to designate in accordance with their own systems and legal traditions the authorities or public officers dealing with the registration of companies and the filing of documents and information with the register, as referred to in article 10 of this Directive.
Amendment 115 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 1 – point b
Article 13b – paragraph 1 – point b
(b) an electronic identification means issued in another Member State and recognised for the purpose of cross-border authentication in accordance with Article 6 of Regulation (EU) No 910/2014. Member States shall be allowed to require other complementary identification means enabling also to check the capacity and to provide legal advice including, among others, video-conference or other online means that provide a real-time audio- visual connection.
Amendment 128 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 4
Article 13b – paragraph 4
4. Without prejudice to paragraphs 1 to 3, where justified by an overriding reason of public interest, such as avoiding the risk of money laundering or fraud, Member States may take measures which could require a physical presence for the purposes of verifying the identity of persons before any authority competent to deal with online registration or online filing, in cases of genuine suspicion of fraud based on reasonable grounds.
Amendment 136 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13d
Article 13d
Where the completion of a procedure laid down in this Chapter requires a payment, Member States shall ensure that the payment can be made by means of a payment service widely available in cross- border payment services provided by a financial institution or payment provider established in a Member State.
Amendment 153 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 1
Article 13f – paragraph 1
1. Member States shall ensure that the registration of the companies listed in Annex IIA may be carried out fully online without the necessity for the applicants, or their representatives, to appear in person before any competent authority or before any other person or body dealing with the application for registration, subject to the proviso laid down in Article 13b(4). However, Member States may decide not to provide fully online registration procedures for those types of companies listed in Annex II Member States may limit the provision of online registration procedures to companies fulfilling any of the following requirements: (i) all members are natural persons and residents in a Member State, (ii) all members act in their own name and on their own behalf, (iii) the company is set up by a single member, (iv) all the contributions to the share capital are paid in cash.
Amendment 159 #
2018/0113(COD)
2. Member States shall lay down detailed rules for the online registration of companies, including rules on the use of templates, as referred to in Article 13g and the documents and information required for registering a company. As part of these rules Member States shall ensure that the online registration may be carried out by submitting information or documents in the electronic form, including electronic copies of the documents and information referred to in Article 16a(4). The requirements under applicable national law as to the authenticity, accuracy and due legal form of any submitted information or document shall remain unaffected.
Amendment 170 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 3 – point d
Article 13f – paragraph 3 – point d
3a. (d) the procedures to provide for the preventive judicial, notarial and/or administrative control provided in Article 10.
Amendment 172 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 4
Article 13f – paragraph 4
4. The rules, referred to in paragraph 2, mayshall also provide for the following:
Amendment 197 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 2
Article 13g – paragraph 2
2. Member States shall ensure that the templates, referred to in paragraph 1 of this Article, may be used by applicants as part of the online registration procedure, referred to in Article 13f. Where those templates are used by the applicant in compliance with the rules referred to in point (c) of Article 13f(4), where applicable, the requirement to have the company instruments of constitution drawn up and certified in due legal form as laid down in Article 10 shall be deemed to be fulfilled.
Amendment 218 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – paragraph 1 – subparagraph 1
Article 13i – paragraph 1 – subparagraph 1
Member States shall ensure that companies are able to file online the documents and information, as referred to in Article 14, including any modification thereof, can be filed online with the register within the time limit provided by the laws of the Member State where the company is to be registered. Member States shall ensure that such filing may be completed online in its entirety without the necessity for the applicant, or his representative to appear in person before any competent authority or before any other person or body dealing with, making or assisting in making the online filing, subject to the proviso laid down in Article 13b(4). Member States shall lay down detailed rules for the online filing of documents and information. Article 13f(3) to (5) shall apply mutatis mutandis.
Amendment 223 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13i – paragraph 1 – subparagraph 2
Article 13i – paragraph 1 – subparagraph 2
Member States shall ensure that the origin and integrity of the documents filed online may be verified electronically. The requirements under applicable national law as to the authenticity, accuracy and due legal form of any submitted information or document shall remain unaffected.
Amendment 251 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 1
Article 28a – paragraph 1
1. Member States shall ensure that the registration in a Member State of a branch of a company, which is governed by the law of another Member State, may be carried out fully online without the necessity for the applicant, or its representative, to appear in person before any competent authority or before any other person or body dealing with, making or assisting in making the application for registration, subject to the proviso laid down in Article 13b(4).
Amendment 253 #
2018/0113(COD)
2. Member States shall lay down detailed rules for the online registration of branches, including rules on the documents and information required to be submitted to athe court, administrative authority or notary acting as competent authority. As part of those rules Member States shall ensure that online registration may be carried out by submitting information or documents in electronic form, including electronic copies of the documents and information referred to in Article 16a(4), or by making use of the information or documents previously submitted to a register. The requirements under applicable national law as to the authenticity, accuracy and due legal form of any submitted information or document shall remain unaffected.
Amendment 256 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 3 – introductory part
Article 28a – paragraph 3 – introductory part
3. The rules, referred to inprovisions of Article 13f, paragraph 2s 3 to 5, shall at least provide for the following: pply mutatis mutandis.
Amendment 257 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 3 – point a
Article 28a – paragraph 3 – point a
(a) the procedure to ensure the legal capacity of the applicant and their authority to represent the company;deleted
Amendment 258 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 28a – paragraph 3 – point b
Article 28a – paragraph 3 – point b
(b) the means to verify the identity of the person or persons registering the branch or their representatives.deleted
Amendment 59 #
2018/0089(COD)
Proposal for a directive
Recital 4
Recital 4
(4) It is important to ensure the necessary balance between access to justice and procedural safeguards against abusive litigation which could unjustifiably hinder the ability of businesses to operate in the Single Market. To prevent the misuse of representative actions, elements such as punitive damages and the absence of limitations as regards the entitlement to bring an action on behalf of the harmed consumers should be avoided and clear rules on various procedural aspects, such as the designation of qualified entities, the origin of their funds and nature of the information required to support the representative action, should be laid down. This Directive should not affect national rules concerning the allocation of procedural costs.
Amendment 73 #
2018/0089(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Commission has adopted legislative proposals for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air30 and for a Regulation of the European Parliament and of the Council on rail passengers' rights and obligations.31 It is therefore appropriate to provide that, onetwo years after the entry into force of this Directivee mentioned revised regulations, the Commission assesses whether the Union rules in the area of air and rail passengers' rights offer an adequate level of protection for consumers, comparable to that provided for in this Directive, and draws any necessary conclusions as regards the scope of this Directive. _________________ 30 COM(2013) 130 final. 31 COM(2017) 548 final.
Amendment 75 #
2018/0089(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Building on Directive 2009/22/EC, tThis Directive should cover both domestic and cross- border infringements, in particular when consumers concerned by an infringement live in one or several Member States other than the Member State where the infringing trader is established. It should also cover infringements which ceased before the representative action started or concluded, since it may still be necessary to prevent the repetition of the practice, establish that a given practice constituted an infringement and facilitate consumer redress.
Amendment 80 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific actionFurthermore, the qualified entity must be independent of third parties and have sufficient capacity in terms of financial resources, human resources, and legal expertise to represent multiple consumers acting in their best interest. The qualified entity must also have an established procedure to prevent conflict of interests, and it must publish an annual activity report. In particular, in order to ensure sufficient transparency the annual activity report should include at a minimum information about the number of actions launched and the types of injunctions and redress measures sought, the number of redress decisions in favour of consumers and the trader, and or the actions resolved by settlement, the number of representative actions which have been discontinued and the reasons behind it. Member States may require additional information to be provided in the annual activity report.
Amendment 92 #
2018/0089(COD)
Proposal for a directive
Recital 11
Recital 11
(11) IOnly independent public bodies and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of Union law and are all well placcan be allowed to act as qualified entities. Since these entities have access to different sources of information regarding traders' practices towards consumers and hold different priorities for their activities, Member States should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions.
Amendment 99 #
2018/0089(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Injunction orders aim at the protection of the collective interests of consumers independently of any actual loss or damage suffered by individual consumers. Injunction ordersand may require traders to take specific action, such as providing consumers with the information previously omitted in violation of legal obligations. Decisions establishing that a practice constitutes an infringement should not depend on whether the practice was committed intentionally or by negligence.
Amendment 122 #
2018/0089(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 127 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 144 #
2018/0089(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third parqualified entity has sufficient resources in order to meet its financial commitments to the qualified entityobligations should the action fail. The information provided by the qualified entity at the earliest stage of the proceeding to the court or administrative authority overseeing the representative action should enable it to assess whether theany third party may influence procedural decisions of the qualified entity in general and in the context of the representative action, including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant. If any of these circumstances is confirmed, the court or administrative authority shouldmust be empowered to require the qualified entity to refuse the relevant funding and, if necessary, reject standing of the qualified entity in a specific case. or stay proceedings. Member States should provide that where third party funding is permitted and in order to avoid the risks of abusive litigation Member States should be able to implement a licencing system through a public authority by which third party funders are licensed and subject to strict professional obligations and registered in a public registry for funders. Where such systems exist, Member States should ensure that third party funders have a legal obligation to act in the best interest of the qualified entity and the consumers it represents (fiduciary duty). Furthermore, Member States should prohibit third party funders and law firms from establishing qualified entities, law firms from owning third party funders and vice versa, and third party funders from basing remuneration on the settled or awarded compensation.
Amendment 151 #
2018/0089(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice. A competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned, including individual consumers. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlementSettlements should be final and binding for all the concerned consumers.
Amendment 153 #
2018/0089(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The court and administrative authority should have the power to invite the infringing trader and the qualified entity which brought the representative action to enter into negotiations aimed at reaching a settlement on redress to be provided to consumers concerned. The decision of whether to invite the parties to settle a dispute out-of-court should take into account the type of the infringement to which the action relates, the characteristics of the consumers concerned, the possible type of redress to be offered, the willingness of the parties to settle, in particular any actions with an impact on the procedural costs and on the legal fees to be borne by the parties, the impact on any funding arrangements and the compensation to be effectively paid to consumers, and the expediency of the procedure.
Amendment 158 #
2018/0089(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlementThe settlement precludes any additional individual or collective rights for redress of consumers that have specifically and exclusively mandated the collective action.
Amendment 162 #
2018/0089(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Ensuring that consumers are informed about a representative action is crucial for its success. Consumers should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights.
Amendment 167 #
2018/0089(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To be effective, the information should be adequate and proportional to the circumstances of the case. The infringing trader shouldMember States should ensure that the court or the administrative authority may require the defeated party to adequately inform all consumers concerned of a final decision concerning injunction and redress orders issued within the representative action, as well and both parties in cases of a settlement approved by a court or administrative authority. Such information may be provided for instance on the trader's website, social media, online market places, or in popular newspapers, including those distributed exclusively by electronic means of communication. If possible, consumers should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
Amendment 170 #
2018/0089(COD)
Proposal for a directive
Recital 33
Recital 33
(33) To enhance legal certainty, avoid inconsistency in the application of Union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow-on actions for redress, the finding of an infringement or a non-infringement established in a final decision, including a final injunction order under this Directive, issued by an administrative authority or a court should not be relitigated in subsequent legal actions related to the same infringement or non-infringement by the same trader as regards the nature of the infringement or non-infringement and its material, personal, temporal and territorial scope as determined by that final decision. Where an action seeking measures eliminating the continuing effects of the infringement, including for redress, is brought in a Member State other than the Member State where a final decision establishing this infringement or non-infringement was issued, the decision should constitute a rebuttable presumption that the infringement has occurredmay be considered as evidence that the infringement has or has not occurred in related cases.
Amendment 173 #
2018/0089(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Actions for redress based on the establishment of an infringement by a final injunction order or by a final declaratory decision regarding the liability of the trader towards the harmed consumers under this Directive should not be hindered by national rules on limitation periods. The submission of a representative action shall have the effect of suspending or interrupting the limitation periods for any redress actions for the consumers concerned by this, who have given their specific and exclusive mandate to a qualified entity to be represented in such an action.
Amendment 178 #
2018/0089(COD)
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to- consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by either the trader, making it inaccessible to the qualified entity. Qualified enti or the qualified entity, or the consumers it represents, making it inaccessible to the other party. The parties should therefore be afforded the right to request, upon presenting a substantiated explanation to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers concerned about the representative action, without it being necessary for them to specify individual items of evidenceother party of specific and clearly defined evidence relevant to their claim. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality. Member States should ensure that the court or administrative authority verify that the requested evidence is narrowly and precisely circumscribed based on reasonable and available facts. In particular, the court or the administrative authority should assess the relationship between the claim or defence and the requested evidence, the scope and cost of the disclosure, and whether the evidence sought contains any confidential or privilege information protected under relevant national laws.
Amendment 183 #
2018/0089(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Having regard to the fact that representative actions pursue a public interest by protecting the collective interests of consumers, Member States should ensure that qualified entities are not prevented from bringing representative actions under this Directive because of the costs involved with the procedures. However, subject to the relevant conditions under national provisions, this should be without prejudice to the fact that the party that loses a representative action reimburses necessary legal costs borne by the winning party (‘loser pays principle’). The unsuccessful party should bear the costs of the proceedings. However, the court or administrative authority should not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.
Amendment 186 #
2018/0089(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Member States should ensure that contingency fees are avoided and lawyers’ remuneration and the method by which it is calculated do no create any incentive to litigation that is unnecessary from the point of view of the interest of consumers or any of the parties concerned and could prevent consumers to fully benefit from the representative action. The Member States that allow for contingency fees should ensure that such fees do not prevent obtaining full compensation by consumers.
Amendment 190 #
2018/0089(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured, provided that qualified entities can demonstrate the relevant accreditation of their standing issued in the country of their domicile. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumers from different Member States that have given a specific and exclusive mandate for bringing the specific action.
Amendment 204 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers, while at the same time ensuring appropriate safeguards to avoid abusive litigation.
Amendment 206 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not prevent Member States from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level, provided that these procedural means contain at least equivalent binding safeguards and mechanisms as those set out in this Directive.
Amendment 250 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall ensure that representative actions can only be brought by qualified entities designatedthat have been granted accreditation, at their request, by the Member States in advance for this purpose and placed in a publicly available list.
Amendment 253 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – introductory part
Article 4 – paragraph 1 – subparagraph 2 – introductory part
Member States shall designate an entity as qualified entity if it complies with all of the following criteria:
Amendment 255 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a
Article 4 – paragraph 1 – subparagraph 2 – point a
(a) it is properly constituaccredited according to the law of a Member State and exists for more than four years;
Amendment 257 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) its statues, objectives, governance and history of protecting consumers demonstrate that it has a legitimate interest in ensuring that provisions of Union law covered by this Directive are complied with;
Amendment 262 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c
Article 4 – paragraph 1 – subparagraph 2 – point c
(c) it has a non-profit making character.is financially and functionally autonomous, has a non-profit making character and has no structural or contractual links with lawyers, funders, or other private entities that may benefit financially from any actions it may pursue;
Amendment 267 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) it has sufficient capacities in terms of financial resources, human resources, and legal expertise to represent multiple consumers acting in their best interest;
Amendment 268 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it has established internal procedures to prevent a conflict of interest between itself and its funders and the consumers it represents;
Amendment 274 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c c (new)
Article 4 – paragraph 1 – subparagraph 2 – point c c (new)
(cc) it has at least 10 member associations with the same area of interest or at least 350 natural person as members.
Amendment 276 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 3
Article 4 – paragraph 1 – subparagraph 3
Member States shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity submit an annual activity report, and that the entity loses its status under this Directive if it no longer complies with one or moreany of the criteria listed in the first subparagraph.
Amendment 283 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 288 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall communicate the name and purpose of these designated entities to the European Commission. The Commission will draw up a list of the qualified entities referred to in paragraph 1 and publish it in the Official Journal of the European Union.
Amendment 292 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that in particularonly consumer organisations and independent public bodies meeting the criteria listed in paragraph 1 are eligible for the status of qualified entity. Member States may designate as qualified entities consumer organisations that represent members from more than one Member State.
Amendment 301 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. TWithout prejudice to the compliance by a qualified entity with the criteria referred to in paragraph 1 is without prejudice to the right of, the court or administrative authority toshall examine whether the purpose of the qualified entity justifies its taking action in a specific case in accordance with Article 4a(new) and 5(1).
Amendment 308 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that representative actions can be brought before national courts or administrative authorities only by qualified entities accredited in accordance with Article 4(1) and provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is brought.
Amendment 310 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Member States shall ensure that qualified entities are entitled to bring representative actions seeking the following measures: if necessary to avoid serious and irreparable harm:
Amendment 313 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) an injunction order as an interim measure for stopping theillegal practice or, if the practice has not yet been carried out but is imminent, prohibiting the illegal practice;
Amendment 362 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 374 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The redress obtained through a final decision in accordance with paragraphs 1, 2 and 3 shall be without prejudice to2 shall exclude any additional rights to redress that the consumers concerned may have under Union or national law regarding the same trader and regarding the same infringement.
Amendment 379 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The damages should be restitution in nature. The redress awarded should not exceed the compensation that would have been awarded if the representative action had been pursued by means of individual action. In particular, Member States should prohibit any form of punitive damages that lead to the overcompensation of the consumer in relation to the damage actually suffered.
Amendment 382 #
2018/0089(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Funding, Fees for Lawyers and Intermediaries and Costs
Amendment 385 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. TIn accordance with Article 4(1), the qualified entity seeking a redress order as referred in Article 6(1) shall declare at ansubmit to the court or administrative authority at the earlyiest stage of the action thea complete financial overview, listing all sources of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 394 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representativprohibit qualified entities from receiving any part of the financing of the actions for redress is funded by a third party, it is prohibited for theeseen by Articles 5 and 6 from commercial third party: funders.
Amendment 397 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 399 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 406 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant fundingand obliged to assess whether the provisions in paragraph 2 and 4 are being met and review the proportionality and fairness to consumers of any compensation paid to third parties, lawyers and, if necessary, reject the standing of the qualified entity in a specific case.
Amendment 412 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Neither lawyers nor other parties assisting or representing qualified entities, or assisting consumers as intermediaries, shall charge fees based on a proportion of any award or settlement amount.
Amendment 413 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. Member States shall ensure that where adverse costs are awarded against a party, any third parties that have supported the action shall also be responsible for those costs on a joint and several basis.
Amendment 414 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers who have chosen to be represented in the action and who have been affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it. Such a request should be admitted by the court or administrative authority only if there is no other ongoing representative action in front of the court or administrative authority of the same Member StateOnce approved, the settlement reached shall be binding and preclude any additional individual or collective rights for redress of consumers that have specifically and exclusively mandated the collective action regarding the same trader and regarding the same practice.
Amendment 419 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that the court or administrative authority that issueds the final declaratory decision referred to in Article 6(21) is empowered to request the parties to the representative action to reach within a reasonable set time limit and before a final decision is taken a settlement regarding the redress to be provided to consumers on the basis of this final decisthat have specifically and exclusively mandated the collective action.
Amendment 423 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 435 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a settlement or final decision may benefit consumers who may be unaware of it, Member States shall ensure that the court or administrative authority shallmay require the infringing trader to inform affected consumersdefeated party or both parties in case of a settlement, to publish at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 443 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that public communications by qualified entities about claims are factual and take into account both the right for consumers to receive information and Defendants’ reputational rights and rights to business secrecy.
Amendment 446 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence or non-existence of that infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same infringementfacts.
Amendment 449 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that a final decision referred to in paragraph 1, taken in another Member State is consideredshould be included in the file for relevant cases by their national courts or administrative authorities as a rebuttable presumption that an infringement has occurred. It may be considered as evidence in related cases.
Amendment 454 #
2018/0089(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned, who have given a specific and exclusive mandate to a qualified entity to be represented in such an action, if the relevant rights are subject to a limitation period under Union or national law.
Amendment 459 #
2018/0089(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that, at the request of a qualified entityone of the parties that has presented reasonably available facts and evidence sufficient to support the representative action, sufficient evidence and a substantive explanation to support its views, and has indicated further specific and clear defined evidence which lies in the control of the defendantother party, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by the defendantis party, subject to the applicable Union and national rules on confidentiality.
Amendment 463 #
2018/0089(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 466 #
2018/0089(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to non- compliance with the final decisions issued within thensure that the party that loses a collective repdresentative action and shall take all necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasives action reimburses necessary legal costs borne by the winning party (‘loser pays principle’), subject to the conditions provided for in the relevant national law.
Amendment 467 #
2018/0089(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 469 #
2018/0089(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 471 #
2018/0089(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 472 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall be encouraged – in line with Article 7(1) – to ensure that qualified entities have sufficient funds available for representative actions. They may take the necessary measures to ensure that procedural costs related to specific representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such as limiting applicable court or administrative fees, granting them access to legal aid where necessary, or by providing them with public funding for this purpose. In any case, qualified entities shall bear a reasonably high share of resulting costs.
Amendment 481 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall take the measures necessary to ensure that any qualified entity designaaccredited in advance in one Member State in accordance with Article 4(1) may apply to the courts or administrative authorities of another Member State upon the presentation of the publicly available list referred to in that Article. THowever, the courts or administrative authorities shall accept this list as proof ofreview the legal standing of the qualified entity without prejudice to their right toby examineing whether the purpose of the qualified entity justifies its taking action in a specific case.
Amendment 482 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall ensure that where the infringement affects or is likely to affect consumers from different Member States the representative action may be brought to the competent court or administrative authority of a Member State by several qualified entities from different Member States, acting jointly or represented by a single qualified entity, for the protection of the collective interest of consumers from different Member States, who have given a specific and exclusive mandate to a qualified entity to be included in such an action. In such circumstances, a consolidated list of all consumers who have given such a specific and exclusive mandate and who are presented will be provided to the court or administrative authority and the defendant at the beginning of an action.
Amendment 484 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 485 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. If a Member State or, the Commission or the trader raises concerns regarding the compliance by a qualified entity with the criteria laid down in Article 4(1), the Member State that designated that entity shall investigate the concerns and, where appropriate, revoke the designation if one or more of the criteria are not complied with.
Amendment 493 #
2018/0089(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. After two years after the entry into force of the revised rules on air and rail passenger rights, the Commission shall assess whether they offer a level of protection of the rights of consumers comparable to that provided for under this Directive. Where that is not the case, the Commission shall evaluate the necessity to make appropriate proposals, which may consist in particular in introducing the acts referred to above in the Annex I of this Directive as defined in Article 2. No later than one year after the entry into force of this Directive, the Commission shall assess whether the rules con air and rail passenger rightscerning the rights of passengers in bus and coach transport and of passengers when travelling by sea and inland waterway offer a level of protection of the rights of consumers comparable to that provided for under this Directive. Where that is not the case, the Commission intendsshall evaluate the necessity to make appropriate proposals, which may consist in particular in removintroducing the acts referred to in points 10 and 15 of Annex I from the scope of applicationabove in the Annex I of this Directive as defined in Article 2.
Amendment 497 #
2018/0089(COD)
Proposal for a directive
Annex I – subheading 1
Annex I – subheading 1
LIST OF PROVISIONS OF CONSUMER UNION LAW REFERRED TO IN ARTICLE 2(1)
Amendment 498 #
2018/0089(COD)
Proposal for a directive
Annex I – point 1
Annex I – point 1
Amendment 499 #
2018/0089(COD)
Proposal for a directive
Annex I – point 7
Annex I – point 7
Amendment 500 #
2018/0089(COD)
Proposal for a directive
Annex I – point 10
Annex I – point 10
Amendment 501 #
2018/0089(COD)
Proposal for a directive
Annex I – point 13
Annex I – point 13
Amendment 502 #
2018/0089(COD)
Proposal for a directive
Annex I – point 15
Annex I – point 15
Amendment 503 #
2018/0089(COD)
Proposal for a directive
Annex I – point 18
Annex I – point 18
Amendment 504 #
2018/0089(COD)
Proposal for a directive
Annex I – point 20
Annex I – point 20
Amendment 505 #
2018/0089(COD)
Proposal for a directive
Annex I – point 21
Annex I – point 21
Amendment 506 #
2018/0089(COD)
Proposal for a directive
Annex I – point 22
Annex I – point 22
Amendment 507 #
2018/0089(COD)
Proposal for a directive
Annex I – point 23
Annex I – point 23
Amendment 508 #
2018/0089(COD)
Proposal for a directive
Annex I – point 24
Annex I – point 24
Amendment 509 #
2018/0089(COD)
Proposal for a directive
Annex I – point 25
Annex I – point 25
Amendment 510 #
2018/0089(COD)
Proposal for a directive
Annex I – point 26
Annex I – point 26
Amendment 511 #
2018/0089(COD)
Proposal for a directive
Annex I – point 27
Annex I – point 27
Amendment 512 #
2018/0089(COD)
Proposal for a directive
Annex I – point 29
Annex I – point 29
Amendment 513 #
2018/0089(COD)
Proposal for a directive
Annex I – point 30
Annex I – point 30
Amendment 514 #
2018/0089(COD)
Proposal for a directive
Annex I – point 31
Annex I – point 31
Amendment 515 #
2018/0089(COD)
Proposal for a directive
Annex I – point 32
Annex I – point 32
Amendment 516 #
2018/0089(COD)
Proposal for a directive
Annex I – point 33
Annex I – point 33
Amendment 517 #
2018/0089(COD)
Proposal for a directive
Annex I – point 34
Annex I – point 34
Amendment 518 #
2018/0089(COD)
Proposal for a directive
Annex I – point 36
Annex I – point 36
Amendment 519 #
2018/0089(COD)
Proposal for a directive
Annex I – point 37
Annex I – point 37
Amendment 520 #
2018/0089(COD)
Proposal for a directive
Annex I – point 38
Annex I – point 38
Amendment 521 #
2018/0089(COD)
Proposal for a directive
Annex I – point 39
Annex I – point 39
Amendment 522 #
2018/0089(COD)
Proposal for a directive
Annex I – point 42
Annex I – point 42
Amendment 523 #
2018/0089(COD)
Proposal for a directive
Annex I – point 43
Annex I – point 43
Amendment 524 #
2018/0089(COD)
Proposal for a directive
Annex I – point 45
Annex I – point 45
Amendment 525 #
2018/0089(COD)
Proposal for a directive
Annex I – point 48
Annex I – point 48
Amendment 526 #
2018/0089(COD)
Proposal for a directive
Annex I – point 49
Annex I – point 49
Amendment 527 #
2018/0089(COD)
Proposal for a directive
Annex I – point 50
Annex I – point 50
Amendment 528 #
2018/0089(COD)
Proposal for a directive
Annex I – point 51
Annex I – point 51
Amendment 529 #
2018/0089(COD)
Proposal for a directive
Annex I – point 52
Annex I – point 52
Amendment 530 #
2018/0089(COD)
Proposal for a directive
Annex I – point 53
Annex I – point 53
Amendment 531 #
2018/0089(COD)
Proposal for a directive
Annex I – point 54
Annex I – point 54
Amendment 532 #
2018/0089(COD)
Proposal for a directive
Annex I – point 56
Annex I – point 56
Amendment 533 #
2018/0089(COD)
Proposal for a directive
Annex I – point 57
Annex I – point 57
Amendment 534 #
2018/0089(COD)
Proposal for a directive
Annex I – point 58
Annex I – point 58
Amendment 535 #
2018/0089(COD)
Proposal for a directive
Annex I – point 59
Annex I – point 59
Amendment 24 #
2017/2257(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication entitled ‘Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all’, which recognises that the mobility sector is undergoing profound changes and stresses that the digital mobility revolution should lead to a more integrated, more sustainable, fairer, safer and more competitive road transport sector;
Amendment 31 #
2017/2257(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the changes in the automotive industry linked to digitalisation will require new expertise and modes of working; highlights that the production of clean,er, better connected and more automated vehicles will have an impact on manufacturing and will require new skills, such as for the assembly of electric motors or manufacturing of second-generation batteries, computing or sensing equipment;
Amendment 38 #
2017/2257(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that automated driving maywill have a significant impact on the workforce of the transport sector and require reskillingnew qualifications in the case of affected professions such as lorry drivers, and calls on the Member States to take appropriate measures in anticipation of this shift in the job market;
Amendment 48 #
2017/2257(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that digitalisation will help to cut red tape and simplify procedures for both the authorities and companies and will, at the same time, make it easier to check compliance with legislation and help to create a level playing field for all transport operators;
Amendment 55 #
2017/2257(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that innovative transport technologies and mobility solutions will be needed to enhance road safety and limit air pollution and congestion, and that a European regulatory framework which stimulates innovation is needed; calls, in this context, for more interlinked research and development through close intersectoral cooperation regarding connected and automateddriverless cars, electrification, alternative fuels, vehicle design and manufacturing, network and traffic management, as well as smart mobility services and infrastructure, all of which are key innovations which will necessitate the appliaction of many forms of industrial know-how if they are to be developed effectively; points out, in that context, that cooperative, automated and connected vehicles may make the European industry more competitive and reduce energy consumption and transport emissions; emphasises, therefore, that infrastructure requirements should be determined with a view to ensuring that those systems can function safely;
Amendment 63 #
2017/2257(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that, in the event of an accident involving one or more automated vehicles, it should be clear who is liable, whether it is the software company(ies), the vehicle manufacturer(s), the driver(s) or the insurance company(ies);
Amendment 79 #
2017/2257(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for funding to be made available under the next MFF to foster the rapid development and deployment of systems, services and digital solutions for transport in the future;
Amendment 81 #
2017/2257(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines that connectivity among autonomous vehicles and between, between vehicles and infrastructure, between vehicles and pedestrians and in the network itself must be a key long-term goal, and vehicles and infrastructure will be crucial in the long term in order to ensure an unobstructed traffic flow; calls therefore on the Commission to address issues of data use and management by assessing all the likely CAD technology applications which incorporate high levels of autonomy and provide added-value services;
Amendment 90 #
2017/2257(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that zero casualties on European roads should be the overarching goal and highlights the need to ensure the safe coexistence of old and new modes of transport; calls on the Commission to make a thorough and technologically neutral assessment of the safety implications of the use of automated systems in transportwith a holistic focus on the safety repercussions of all intermodal transport systems;
Amendment 103 #
2017/2257(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines that those upcoming changes should not come at the expense of social inclusion and the connectivity of areas where there are mobility gaps; notes the need to upgrade network capacity, taking advantage of existing network infrastructure and significant future innovations, to enable deeper integration of digital technologies and to address the major disparities of connectivity between Member States and also between urban and remote areas, for which a series of tailored solutions should be developed with the support of and on the basis of coordination between the public and private sectors;
Amendment 106 #
2017/2257(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that conventional modes of transport should not be disregarded; in some mountainous areas which trains cannot reach, buses still have a key role to play; however, that transformation should follow the pace of the sector and workers should be trained on those new modes;
Amendment 130 #
2017/2257(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to promote green logistics and the reduction of freight volumes through better use of capacity inthe number of empty or partially loaded trucks;
Amendment 138 #
2017/2257(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes the potential of collaborative economic models to improve the efficiency of the transport system and reduce unwanted externalities, such as congestion and emissions; in keeping with the subsidiarity principle, calls on the authorities to consider fully integrating truly collaborative transport services into the conventional transport system, with a view to fostering the creation of full and fluid travel chains and and the provision of new forms of sustainable mobility;
Amendment 139 #
2017/2257(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses that, in the context of the collaborative economy, the most urgent issues are those concering consumer protection, liability allocation, taxation, insurance schemes, social protection of workers (whether they are employed or self-employed) and data protection, and expects regulatory measures to be taken in thse areas;
Amendment 140 #
2017/2257(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. In the light of the CJEU judgment of 20 December 2017 in Case C-424/15, takes the view that a clear distinction should be drawn between simple intermediation through online platforms and the provision of a transport service; will consider a service not to be part of the information society when the activity mostly involves the provision of professional services, and at all events when the technological platform directly or indirectly determines the cost, quantity or quality of the service being provided;
Amendment 141 #
2017/2257(INI)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Calls on the Member States to take measures to reduce the risk and likelihood of tax avoidance by companies providing services as part of the collaborative economy and to insist that they pay taxes where they generate profits and actually provide services;
Amendment 240 #
2017/2191(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that, in line with the current Commission Guidelines, all airports financed by the EU budget should be based on a positive cost-benefit analysis to avoid the financing of ghost airports in Europe; calls on the Commission to come up with a public list of such potential ghost airports;
Amendment 247 #
2017/2191(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 257 #
2017/2191(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 4 #
2017/2043(BUD)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Calls for maintaining the EU support to sports policy, the sports chapter of the Erasmus+ programme and the financing of Special Events, such as the Special Olympics in 2017;
Amendment 2 #
2017/2036(INI)
Motion for a resolution
Citation 15
Citation 15
— having regard to its previous resolutions on Cuba, in particular the ones of 17 November 2004 on Cuba, of 2 February 2006 on the EU's policy towards the Cuban Government, of 21 June 2007 on Cuba and of 11 March 2010 on prisoners of conscience in Cuba,
Amendment 4 #
2017/2036(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regards to the findings of the UN Committee on Enforced Disappearances on Cuba issued on 17 March 2017,
Amendment 6 #
2017/2036(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- having regard to the Universal Declaration of Human Rights and other international human rights treaties and instruments,
Amendment 11 #
2017/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the historical, economic and cultural ties linkingexist between Europe and Cuba are characterised by their depth and strength;
Amendment 12 #
2017/2036(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas pursuant to Article 21 of the Treaty of the European Union, the external action of the Union should be guided by the principles of democracy, rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and the respect for the principles of the UN Charter and the international law;
Amendment 13 #
2017/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European Union maintain's relations with the Community of Latin America and the Caribbean and there is broad consensus among its 33 member states on the desirability of expanding relations between the European Union and Cubaoffer an opportunity to expand relations between the European Union and Cuba on the basis of democratic principles, the rule of law, human rights, fundamental freedoms and international law;
Amendment 17 #
2017/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Cuba was the only country in Latin America and the Caribbean with which the EU had not signed any type of agreement; whereas 20 of its Member States have signed various types of bilateral agreements;
Amendment 19 #
2017/2036(INI)
Motion for a resolution
Recital E
Recital E
E. whereas what is known as the ‘cCommon pPosition of the EU’, adopted in 1996, has been superseded by the bilateral agreements with Cuba that have been signed during this period by 20 EU Member States96/697/CFSP was replaced by Council Decision (CFSP) 2016/2233 of 6 December 2016;
Amendment 25 #
2017/2036(INI)
Motion for a resolution
Recital H
Recital H
H. whereas human rights feature in both the political dialogue and cooperation chapters; whereas in particular the protection of the universality and indivisibility of human rights, including civil, political, economic, social and cultural rights is one of the main objectives of the European Union, both internally and in its relations with third countries; whereas in this sense the full compliance with human rights and the defence of democracy and the rule of law, must be an essential condition of the EU- Cuba Agreement;
Amendment 37 #
2017/2036(INI)
K. whereas issues discussed at the second meeting of the human rights dialogue held in Cuba in June 2016 with the participation of line ministries and agencies included freedom of association and human rights issues in a multilateral context, such as the death penalty; whereas the next meeting of the human rights dialogue is due to be held in Brussels during the first half of 2017; whereas the political dialogue between the EU and the Cuban Government, must include the direct 'intensive dialogue with civil society and the peaceful opposition' without any restriction, and must follow the EU's criteria on democracy, universal human rights and fundamental freedoms' such as freedom of expression, assembly and political association, as well as its 'worldwide policy of support to human rights defenders';
Amendment 65 #
2017/2036(INI)
Motion for a resolution
Recital S
Recital S
S. whereas Cuba is a signatory to 11 of the 18 United Nations human rights conventions and has ratified eight of them; whereas Cuba has not ratified the International Convenant on Civil and Political Rights and the International Convenant on Economic, Social and Cultural Rights;
Amendment 72 #
2017/2036(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the United Nations General Assembly has adopted 26 consecutive resolutions calling for the end of the United States embargo on Cuba, and the resolution was adopted unanimously for the first time in October 2016; whereas Foreign Affairs Committee of the European Parliament decided to send a long -pending delegation to Cuba without any positive response from the Cuban authorities yet;
Amendment 81 #
2017/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the signing in Brussels, on 12 December 2016, of the Political Dialogue and Cooperation Agreement between the EU and Cuba and states that it constitutes an instrument that will offer an appropriate new framework for relations, in keeping with the EU’s interests in its relationship with between the EU and Cuba;
Amendment 86 #
2017/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Affirms the high strategymbolic value of the relationship between the EU and Cuba;
Amendment 89 #
2017/2036(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the structure, content and dynamic of the agreement match the principles and valuoutlines established by the EU institutions for its external relations;
Amendment 93 #
2017/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RecogniStresses the high level of commitment that the Republic of Cuba is undertaking with the European Union in a wide range of fields and through a sophisticated system of political dialogueresponsibility which Cuba is undertaking with the European Union to meet the commitments set out in the agreement;
Amendment 101 #
2017/2036(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Demands that the Cuban authorities permit members of the political opposition, human rights activists and all citizens to travel abroad and return freely to Cuba; calls for free and full access for the Cuban population to information in all forms;
Amendment 111 #
2017/2036(INI)
7. Recognises the efforNotes the statements made by Cuba ton incorporateing the United Nations fundamental principles on human and labour rights into its national legislation, and calls on Cuba to ratify the United Nations human rights conventions still pending, specifically the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women;
Amendment 122 #
2017/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the process of normalising relations that has been achieved between Cuba and the United States of America with the restoration of diplomatic ties in 2015;
Amendment 132 #
2017/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the fact that the human rights dialogue between the EU and Cuba was launched before the conclusion of the PDCA negotiations; reiterates that the objectives of the European Union's policy towards Cuba has to continue to be the respect for human rights and fundamental freedoms, encouragement of a process of transition to a pluralist democracy and a lasting economic recovery aimed at improving the living standards of the Cuban population;
Amendment 135 #
2017/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises that the PDCA can contribute to the reform, adjustment and modernisation processes already proposed in Cuba, in particular with regard to the diversification of Cuba’s international partners and the establishment of a general framework of political and economic development; urges the European institutions and the Member States to assist the economic and political transition in Cuba, encouraging the evolution towards a fully democratic regime that respects the basic rights of all its citizen; supports the use of the various EU's foreign policy instruments, and in particular the European Instrument for Democracy and Human Rights (EIDHR) in order to reinforce EU's dialogue with Cuba's civil society and those who support a peaceful transition in Cuba;
Amendment 143 #
2017/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the PDCA, as the first agreement between the EU and Cuba, will mark a turning point in bilateral relations between the two Parties; welcomes the fact that both Parties have agreed to develop this relationship in a structured manner, mutually subscribing to an agenda and binding obligations for both signatories;
Amendment 147 #
2017/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the relevance of the inclusion of the political dialogue chapter and the establishment of an institutionalised EU-Cuba Human Rights dialogue; urges the EU to promote and provide guarantees for the work of the human rights defenders and the active participation of civil society actors in this process, including all peaceful dissidents;
Amendment 153 #
2017/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the PDCA includes a provision for suspension of the agreement in case of violation of the provisions on human rights; calls to ensure the establishment of a transparent and binding road map which should be aimed at safeguarding and monitoring all human ,environmental and labour rights provisions mentioned in this resolution; in this sense calls on the EU to closely follow and report back to the European Parliament about the respect for human rights and fundamental freedoms in Cuba within the provision of suspension of the agreement;
Amendment 156 #
2017/2036(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that the PDCA should contribute to improving the living conditions and social rights of Cuban citizens, reaffirming the importance of working systematically in promoting the values of democracy and human rights, including freedom of expression, association and assembly;
Amendment 160 #
2017/2036(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Takes note of some liberalisation measures that the Cuban authorities have adopted in the recent months, while emphasizing that the development of strong foreign investment to improve the physical and technological infrastructure of the country and build a competitive Cuban production system will require many other economic and financial measures with regulations that give legal certainty and economic stability to the country;
Amendment 167 #
2017/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for Cuba to be included as an eligible country under the EIB’s external mandate provided it meets the requirements laid down by the EIB;
Amendment 170 #
2017/2036(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the PDCA’s explicit references to civil society as an actor of cooperation; voices its profound solidarity with the entire Cuban population and its support for needed progress towards democracy and respect and promotion of fundamental freedoms;
Amendment 172 #
2017/2036(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Confirms its decision to send an official long- pending delegation of the Foreign Affairs Committee of the European Parliament to Cuba, and urges the Cuban authorities to allow the entry of such a delegation without any further delays in the view of the upcoming PDCA; calls on the Cuban authorities to ensure unimpeded access to all venues and meetings with the requested interlocutors;
Amendment 2 #
2017/2027(INI)
Motion for a resolution
Citation 12
Citation 12
– having regard to its resolutions on Venezuela, in particular the resolutions of 8 June 2016 and of 27 April 2017 on the situation in Venezuela2 , _________________ 2 Texts adopted, P8_TA(2016)0269.
Amendment 6 #
2017/2027(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 9 #
2017/2027(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 16 #
2017/2027(INI)
A. whereas the Latin American and Caribbean region (LAC) constitutes a key partner for the EU when it comes to jointly facing current global challenges, such as universal respect of Human Rights, peace, security, corruption, impunity, fight against terrorism, narcotraffic, organized crime, the eradication of poverty, access to drinking water, peace and security, socioeconomic development, sustainability, the fight against climate change, the digital transformation and managing migration;
Amendment 21 #
2017/2027(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU – Latin American and Caribbean region (LAC) partnership is founded on close historical and cultural ties, extensive people to people exchanges, strong and growing trade and investment flows and shared values such as democracy, human rights and rule of law;
Amendment 23 #
2017/2027(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the 33 LAC countries have diverse political, economic and cultural realities that require different approaches within a coherent framework in the context of EU external actionrelationship with the 33 LAC countries forms part of a general framework of shared principles and values, but those countries have diverse political, economic and social realities;
Amendment 33 #
2017/2027(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the LAC region has undergone significant changes in the past decade, such as the elevation of a large part of the population to the middle class through economic reforms and social policies ands well as the overall consolidation of democracy, but also the end of the commodities super-cycle that made millions of people vulnerable to falling back into poverty;
Amendment 39 #
2017/2027(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the rule of law mirrored into stable legal frameworks with guarantee of legal certainty, is a crucial element to attract the investments needed to promote the economic recovery;
Amendment 41 #
2017/2027(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas high inflation levels hinder growth and must be therefore immediately tackled; whereas reliable exchange rates are vital elements of country's economic development; whereas its vital to implement an industrial policy to increase productivity diversify the economy and attract investments;
Amendment 42 #
2017/2027(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the Association Agreements between the European Union and LAC countries help to improve the Political and Trade Dialogue and the investment climate turning to open the service sector and public procurement markets allowing the implementation of infrastructure projects;
Amendment 47 #
2017/2027(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EU has also experienced important shifts in the plast years, namely the economic crisis, an increase in inequality, the challenges linked to Brexit, the refugee crisis, and the significant rise in citizen discontent with political institution and the refugee crisis;
Amendment 57 #
2017/2027(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the main geopolitical shifts currently in play in LAC countries, marked by the increasing presence, among others, of Asian states seeking economic partnership in the region, require that the EU stands up asreinforces its position of a truthful ally to its partners in the LAC region;
Amendment 60 #
2017/2027(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the EU is the main investor, one of the main trade partners and the main source of development assistance in the LAC region, and whereas European cooperation is strong as a result ofs reflected in the Development Cooperation Instrument (DCI) 2014 – 2020, and whereas common strong financial and triangular cooperation must be enhanced;
Amendment 65 #
2017/2027(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Commission is drafting a new development agenda as part of the 2030 Agenda, and whereas the concept of sustainable development must be applied in and include all the countries in Latin America (including middle- income countries), and whereas that new approach must take account of other criteria in addition to per capita income;
Amendment 74 #
2017/2027(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. SUnderlines that the EU-LAC bi- regional partnership is based on common principles, values and interests in a horizontal relationship, has become crucial to the advancement of the bi- regional and cooperation exchanges; stresses that in the wake of the economic crisis, the EU and LAC countries are facing common challenges in the areas of economic growth, digital transformation, social inclusion and gender equality, while at the same time sharing common values such as democracy, human rights, peace and solidarity, and underlines that this partnership and political dialogue, based on common principles and interests in a horizontal relationship, has become crucial to the advancement of the bi-regional and cooperation exchange;
Amendment 92 #
2017/2027(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the important role played by the EU’s strategic partnerships with countries in the region such as Brazil and Mexico, and calls for Argentina to be granted the status it deserves as an outstanding player in the region, and as a member of Mercosur and the G20;
Amendment 97 #
2017/2027(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of the EU-CELAC summits as an instrument of the strategic bi- regional partnership in a new framework for political dialogue, and calls on the EU and on CELAC to reinforce this partnership and political dialogue by working on clearly identified common interests in order to address jointly key global challenges in multilateral fora, such as the United Nations and the G- 20;
Amendment 102 #
2017/2027(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its support tofor regional integration inside the LAC region, and stresses the need for greater coordination between the different regional integration schemes existing in the region, while respecting differences in the pace of integration; stresses the need to speed up negotiations in order to reach anfor the swift conclusion of a comprehensive, balanced and mutually beneficial EU- Mercosur agreement that could establish an economic area based on similar trade and investment rules for almost all LAC and EU countriesssociation agreement, as referred to in the European Council conclusions of 9 March 2017, so as to make it possible to complete the network of agreements in force between the EU and Latin America;
Amendment 106 #
2017/2027(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses out that political stability, economic rules and institutional strength guaranteeing respects of rule of law and transparency, are cornerstones of the environment attracting long term investments in line with legal certainty; reminds that such legal framework requires strong democratic institutions and responsible economic planning, as well as an effort to strengthen the political dialogue and economic partnerships with the region as with external partners; in this context recalls that the partnership with the European Union plays a central role;
Amendment 112 #
2017/2027(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that current global challenges, including Human Rights, peace, security, corruption, impunity, narcotraffic, the eradication of poverty, the digital transformation, mass migration, cybersecurity, organised crime and terrorism, climate change, geopolitical shifts, inequality within and across countries, and drug trafficking, offer new opportunities and cooperation channels for a strategic EU-LAC partnership in which abased on common vision is shared;
Amendment 118 #
2017/2027(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the goal of eradicating poverty and reducing inequality must be addressed through economic reforms, increased work opportunities, social cohesion and inclusion, and highlights the necessity of widening the middle class and protecting it from the effects of economic cycles;
Amendment 125 #
2017/2027(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the need to integrate the LAC economies in global value chains, based on a circular economic model, and to recognise the importance of developing bilateral and multilateral commercial agreements as one of the most effective tools tackling common global challenges;
Amendment 131 #
2017/2027(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need to develop sustainable and effective tax systems in both regions, together with an appropriate tax culture, that could foster economic growth and the development of welfare states providing public goods, such asystems; stresses the need to provide access to public education, infrastructure and security, and to all citizens; reiterates that tax havens and tax avoidance are detrimental to social redistributivethe proper functioning of economic and social policies;
Amendment 146 #
2017/2027(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the effective inclusion of women in all spheres of political, economic and social life, with a view to enhancing their political participation, strenuously combatting femicides, guaranteeing the physical and psychological security, and employment equality, of women, and ensuring their fundamental rights, including sexual and reproductive rights;
Amendment 166 #
2017/2027(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the advances in freedoms and social rights made in the last decade (although serious concerns remain in some countries), and the great efforts made to elaborate public policies to distribute wealth and economic growth equally; notes the necessity to guarantee the rights and safety of religiousall minorities, indigenous groups, the LGTBI community and populations in rural areas LAC region;
Amendment 180 #
2017/2027(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates that policies and practices on migration in the EU-LAC area must guarantee respect for human rights, with special attention given to women and minors, i.a. by re-evaluating the emphasis on the securitisavulnerable groups such as women and minors, while keeping in mind the challenges on the protection of borders and the non-criminalisation of migrants; calls for measures to facilitate and improve mobility between the regions, while ensuring the mutual consistency of labour rights and enhancing the coordination of social security systems;
Amendment 188 #
2017/2027(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the challenges both regions face in terms of security, which include terrorism and the fight against drug trafficking and organised crime, and encouragescalls for continued efforts to strengthen security cooperation through police and military coordination, and for Latin American countries to participate in EU crisis management and peacekeeping missions, as they are already doing in Colombia and Chile;
Amendment 189 #
2017/2027(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights the challenges both regions face in terms of security, which include terrorism and the fight against drug trafficking and organised crime, and encourages continued efforts to strengthen security cooperation through police and military coordination, paying particular attention to information sharing;
Amendment 195 #
2017/2027(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU and LAC countries to address the problem of corruption through measures ranging from prevention to law enforcement and criminal prosecution, and points out that the existence of corruption undermines not only social and economic welfare, but also the political legitimacy and quality of democraticgood governmentance;
Amendment 213 #
2017/2027(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of the opening of negotiations for the modernisation of the EU-Mexico Global Agreement, the progress made in the negotiations for the modernisation of the EU-Chile Association Agreement, and the speeding up of the EU-Mercosur negotiations, andand calls for that agreement to be concluded, and for the EU-Chile Association Agreement to be renewed, as soon as possible, preferably before the end of this year; calls foron the ratification ofMember State parliaments that have not yet done so to ratify the EU- Central America Association Agreement by all national parliaments of the EU Members States;
Amendment 225 #
2017/2027(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the importance of the recent adhesion of Ecuador to the Multi- Party Agreement with Colombia and Peru, and invitesreminds that the doors are open for Bolivia to join as well, and welcomes the implementation of the Schengen short-stay visa waiver for Peru and Colombia, all of which contributes to enhancing the EU’'s economic and cultural ties with these countries;
Amendment 231 #
2017/2027(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the importance of the Ibero-American summits, under the leadership of the Ibero-American General Secretariat General (SEGIB), and itsthe added value it brings to the overall partnership between the two regions as a forum for dialogue, coordination and cooperation, in particular in the fields of youth, education and entrepreneurship, and highlights its efforts to strengthen South-South cooperation; in that regard, calls for the establishment of a cooperation mechanism – that could take the form of a memorandum of understanding or a framework cooperation agreement between the Commission and/or the EEAS and SEGIB – that is able to optimise the relationship and place it on a more structured, orderly and systematic footing between the two bodies;
Amendment 232 #
2017/2027(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates that the EuroLat Assembly is, as well as the Parliamentary Delegations, are a very successful and useful tool for the parliamentary dimension of the strategic partnership, and for the political dialogue between EU and LAC, including civil society, as well as an important vehicletool for transferring citizens’' demands to the EU- CELAC summits; stresses the importance of ensuring the visibility and diffusion of its discussions and conclusions, both via interaction with EU-CELAC summits and via national and regional institutional channels;
Amendment 241 #
2017/2027(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its support to the peace process in Colombia and undertakes to support the Colombian Government in its implementation, ensuring; in this regard welcomes the involvement of the whole of Colombian society, notably victims and civil society organisations, and guaranteeing of the safety and protection of human rights activists and community leaders by the Government ; urges the EU and its Member States to uphold their political and financial support, including regulation IDC (Art 5, paragraph 2) and the EU Trust Fund for Colombia, and supports the role of VP/HR’'s Special Envoy for Colombia; express its wish that NLA will also commit to the ongoing peace process;
Amendment 245 #
2017/2027(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Expresses grave concern at the serious deterioration in the situation as regards democracy, human rights and the socio-economic situation in Venezuela, with a growing climate of political and social instability; calls on the Venezuelan Government to ensure the separation and independence of powers, and to fully restore the constitutional authority of the National Assembly; calls for consideration to be given to the possible freezing of assets, as well as to restricting access to EU territory for all those involved in serious violations of human rights in Venezuela;
Amendment 246 #
2017/2027(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Expresses its grave concern at the seriously deteriorating situation as regards democracy, human rights and the socio-economic situation in Venezuela, in a growing climate of political and social instability; calls on the Venezuelan Government to safeguard the separation and independence of powers, restore full constitutional authority to the National Assembly, ensure the immediate and unconditional release of all political prisoners and to present as soon as possible an electoral calendar that will allow free and transparent electoral processes to take place;
Amendment 251 #
2017/2027(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. WelcomesTakes note of the signing on December 2016 of the Political Dialogue and Cooperation Agreement between the EU and Cuba; stresses the importance of speeding up its implementation, which can have a positive impact on the overall EU- CELAC partnership, and insists on the need for tangible results in the human rights dialoguesituation according with the EP resolutions;
Amendment 1 #
2017/2007(INI)
Motion for a resolution
Recital A
Recital A
A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market; whereas that market should, however, remain marginal in the medium term, taking into account the cost of printers and materials, the limited capacity of 3D printers designed for individual use, and the limited number and nature of materials made available to consumer and when companies arrived on the market offering both digital models and 3D printing services;
Amendment 3 #
2017/2007(INI)
Motion for a resolution
Recital C
Recital C
C. whereas most of today’s high-tech industries use this technology, whereas opportunities to use 3 D printing have highly increased in many areas, and whereas expectations are high in many areas, for example, the medical, aeronautics, aerospace, automotive, building, architect (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, aerospace, automotive, household electrical appliance, building, archaeological research, architecture, mechanical engineering, leisure and design sectors;
Amendment 5 #
2017/2007(INI)
Motion for a resolution
Recital F
Recital F
F. whereas 3D-printing technology raisesmight raise some specific legal and ethical issueconcerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and even geographical indications, and civil liability, and whereas those issue, moreover, those concerns fall within the remit of the Committee on Legal Affairs;
Amendment 7 #
2017/2007(INI)
Motion for a resolution
Recital A
Recital A
A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market; whereas that market should, however, remain marginal in the medium term, taking into account the cost of printers and materials, the limited capacity of 3D printers designed for individual use, and the limited number and nature of materials made available to consumers;
Amendment 8 #
2017/2007(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing amongst other things that has led the Commission to undertake a revision of that Directive to check whether it still meets current needpublic consultation with the aim of assessing whether this Directive is fit for purpose in relation to new technological developments;
Amendment 11 #
2017/2007(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that solutions of a legal nature if necessary could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D- printing providers could systematically display a notice on the need to respect intellectual property, a legal limit could be introduced on the number of private copies of 3D objects in order to prevent illegal reproduction, and a tax on 3D printing could be levied to compensate intellectual property rights holders for damages suffered asemphasises, in that context, the importance of elements that make it possible to trace 3D objects or of the introduction of a legal limit on the number of private copies of 3D objects in order to prevent illegal reproduction; emphasises that if a 3D copy constitutes a private copy, national laws governing exemptions for private copies will apply, including as regards compensation or revenue collection schemes, where they a result of private copies being made in 3D provided for in national law;
Amendment 14 #
2017/2007(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the market for 3D printers constitutes a sector which is experiencing rapid growth and whereas this is expected to continue in the coming years;
Amendment 16 #
2017/2007(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas 3D printing has an enormous potential to transform supply chains in manufacturing which could help Europe increase output levels; whereas the application of this technology offers new opportunities for business development and innovation;
Amendment 17 #
2017/2007(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the European Commission has identified 3D printing as a priority area for action offering significant economic potential, notably for small innovative enterprises; whereas many countries have already recognised the transformative potential of 3D printing and have begun to adopt, albeit in an unequal manner, various strategies to create an economic and technological ecosystem to promote its development;
Amendment 22 #
2017/2007(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the potential advantages of 3D printing for innovative enterprises are numerous; whereas in particular, 3D printing allows a reduction in overall costs when developing, designing and testing new products or improving existing ones;
Amendment 24 #
2017/2007(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas 3D printing is inevitably becoming simpler and more accessible to all; whereas it is to be expected that the limitations as regards materials that can be used, speed, and the consumption of raw materials and energy will be significantly reduced in a short period of time;
Amendment 26 #
2017/2007(INI)
Motion for a resolution
Recital C
Recital C
C. whereas expectations are high in many areas, for example, the medical (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, aerospace, automotive, building, architecture and design sectors;
Amendment 31 #
2017/2007(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the lack of regulation has limited the use of three-dimensional printing in key industrial sectors such as, for instance, the aerospace and medical/dental sectors, and whereas regulating the use of 3D printers will help increase the use of technologies and offer opportunities for research and development;
Amendment 35 #
2017/2007(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a reduction in the number of intermediaries would give companies the opportunity to repatriate offshore production activities; whereas repatriation could help to maintain the added value of those production activities at local level; whereas by reducing the movement of goods, 3D printing would lower both transport costs and CO2 emissions;
Amendment 42 #
2017/2007(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas 3D printing affects all areas of intellectual property law, such as copyright, patents, designs, three- dimensional trademarks and even geographical indications;
Amendment 47 #
2017/2007(INI)
Motion for a resolution
Recital F
Recital F
F. whereas 3D-printing technology raises specific legethical and ethiclegal issues regarding intellectual property andsuch as civil liability, and whereas those issues equally fall within the remit of the Committee on Legal Affairs;
Amendment 49 #
2017/2007(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas new technologies are able to scan objects or people and generate digital files which can subsequently be printed in 3D and whereas this can affect image rights and the right to privacy;
Amendment 54 #
2017/2007(INI)
Motion for a resolution
Recital H
Recital H
Amendment 63 #
2017/2007(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas it is technically possible to copy almost any object, with or without obtaining the consent of those who own the rights on the object;
Amendment 64 #
2017/2007(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas there are potential problems regarding extraterritoriality, given that by simply downloading the plan for a desired object from the web or through the use of a 3D scanner, the end user, who may be located anywhere on the planet, will be able to replicate that object; whereas most platforms appear to be established outside the EU and governed by the legal systems of the foreign countries concerned, making it impossible to invoke European law to adopt the provisions referring to them; whereas this not only poses problems as regards the applicable legislation for the prosecution of infringements, but also practically neutralises the effectiveness of controls by customs authorities on goods entering or leaving each country since there is no need to transport counterfeit products between jurisdictions;
Amendment 70 #
2017/2007(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas these few examples which may be envisaged now will probably become more complex as the technology evolves; whereas they raise the question as to what needs to be done to tackle the potential for counterfeiting using 3D printing technologies;
Amendment 76 #
2017/2007(INI)
Motion for a resolution
Recital L
Recital L
L. whereas, in conclusion, 3D printing has not fundamentally altered copyintellectual property rights, but files created may be considered a work and whereas, if that is the case, the work must be protected as such; whereas, in the short and medium term, and with a view to tackling counterfeiting, the main challenge will be to involve professional copyright intermediaries more closely;
Amendment 78 #
2017/2007(INI)
Motion for a resolution
Recital M
Recital M
Amendment 88 #
2017/2007(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing that has led the Commission to undertake a revispublic consultation ofn that Directive to check whether it still meets current needs;
Amendment 96 #
2017/2007(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas all elements of additive manufacturing technology must meet certain criteria and be certified to guarantee that it is possible to manufacture reproducible quality parts; whereas certification is rendered complex owing to the numerous transformations of machinery, materials and processes, and to the absence of a database; whereas it will therefore be necessary to develop rules allowing a speedier and more cost- effective certification of all materials, processes and products;
Amendment 119 #
2017/2007(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that solutions of a legal nature could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D- printing providers could systematically display a notice on the need to respect intellectual property, a legal limit could be introduced on the number of private copies of 3D objects in order to prevent illegal reproduction, and a tax on 3D printing could be levied to compensate intellectual property rights holders for damages suffered as a result of private copies being made in 3D;
Amendment 122 #
2017/2007(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that if a 3D copy constitutes a private copy, national laws governing exemptions for private copies will apply, including as regards compensation or revenue collection schemes, were they are provided for in national law;
Amendment 137 #
2017/2007(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the intellectual property rights concerning the various elements of 3D printing technology have been determined and that, consequently, the next question will be how to uphold them;
Amendment 148 #
2017/2007(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Draws attention to the possible implications of new forms of marketing along the lines of ‘make it yourself’, supplying not the final product but only the software for download and the specifications for printing the product;
Amendment 22 #
2017/2003(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Member States’ response to the development of collaborative business models has so far been very fragmented; welcomes in this regard the Commission communication on a European agenda for the collaborative economy, but regrets that it fails to establish an explicit harmonised legal framework for the collaborative economy; calls for use to be made of the interpretative criteria contained in the Commission communication to distinguish between simple intermediation through technological platforms and the provision of a service other than an information society service.
Amendment 57 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, in the context of the collaborative economy, issues related to consumer protection, liability allocation, taxation, insurance schemes, social protection of workers (whether they are employed or self-employed), fair competition and data protection are the most urgent ones, and expects a regulatory intervention in that regard; emphasises that a regulatory framework should create a level playing field, foster innovations and contribute to the overall development and fulfilment of the EU transport policy goals, such as transport decarbonisation, territorial cohesion, affordability, accessibility and safety;
Amendment 78 #
2017/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the potential of collaborative economy models to improve the efficiency of the transport system and reduce undesired externalities of traffic such as congestion and emissions; emphasises the need to fullycalls on the relevant authorities to integrate true collaborative transport services into the conventional transport system and to avoid administrative systems or legislative measures which might lead to exclusion of collaborative transport services from transport planning and operations, with a view to enabling the creation of smooth complete travel chains and the provision of new forms of sustainable mobility;
Amendment 89 #
2017/2003(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the conditions governing independent service provision in regulated sectors such as urban and inter-urban passenger road transport to be overhauled to establish a single regulatory framework combining conditions of access to the profession in compliance with EU law with a regime that ensures continuous and stable provision of services so as to avoid situations of unfair competition.
Amendment 105 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the need to clearly distinguish between legitimate ride-sharing and the provision of commercial transporting services (i.e. ‘non- professional’ vs ‘professional’ service provision) in EU terminology, – with the understanding that similar obligations should apply to the provision of comparable services by transport companies – and urges the Commission to come up with proposals to adapt Union legislation accordingly; considers the monetary threshold tocould be one advisable way to make this distinction;
Amendment 84 #
2017/0293(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Reduction levels for the Union- wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030, taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets. This stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero- and low-emission vehicles.
Amendment 106 #
2017/0293(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to maintain the diversity of the market for passenger cars and light commercial vehicles and its ability to cater for different consumer needs, CO2 targets should be defined according to the utility of the vehicles on a linear basis. Maintaining mass as the utility parameter is considered coherent with the existing regime. In order to better reflect the mass of vehicles used on the road, the parameter should be changed from mass in running order to the vehicle's test mass as specified in Regulation (EU) 2017/1151 of 1 June 2017 with effect from 202530.
Amendment 108 #
2017/0293(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It should be avoided that the EU fleet-wide targets are altered due to changes in the average mass of the fleet. Changes in the average mass should therefore be reflected without delay in the specific emission target calculations, and the adjustments of the average mass value that is used to this end should therefore take place every two years with effect from 202530.
Amendment 111 #
2017/0293(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to distribute the emission reduction effort in a competitively neutral and fair way that reflects the diversity of the market for passenger cars and light commercial vehicles, and in view of the change in 2021 to WLTP-based specific emission targets, it is appropriate to determine the slope of the limit value curve on the basis of the specific emissions of all newly registered vehicles in that year, and to take into account the change in the EU fleet-wide targets between 2021, 2025 and 2030 with a view to ensuring an equal reduction effort of all manufacturers. With regard to light commercial vehicles, the same approach as that for car manufacturers should apply to manufacturers of lighter, car derived, vans, while for manufacturers of vehicles falling within the heavier segments, a higher and fixed slope should be set for the whole target period.
Amendment 117 #
2017/0293(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) CO2 emissions for new cars and new light commercial vehicles registered in the Union are measured in accordance with Regulation (EC) 715/2007, without any distinction at the measuring stage between CO2 originating from non- renewable and renewable energy carriers. A methodology that takes into account the renewable energy content of the liquid and/or gaseous road transport fuels in the determination of the specific CO2 emissions for cars and new light commercial vehicles should be developed.
Amendment 121 #
2017/0293(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A balance should however be ensured between incentives given to eco- innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure. As a consequence, it is appropriate to maintain a cap on the eco-innovation savings that a manufacturer may take into account for target compliance purposes. The Commission should have the possibility to review the level of the cap, in particular, to take into account the effects of the change in the official test procedure. It is also appropriate to clarify how the savings should be calculated for target compliance purposes.
Amendment 126 #
2017/0293(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The procedure for granting derogations from the 95 g CO2/km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target., However, experience shows that niche manufacturers have the same potential as large manufacturers to meet the CO2 targets and with regard to the targets set from 202530 onwards it is not considered appropriate to distinguish between those two categories of manufacturers.
Amendment 135 #
2017/0293(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In 2024 it is foreseen to review the progress achieved under the [Effort Sharing Regulation and Emissions Trading System Directive]. It is therefore appropriate to assess the effectiveness of this Regulation in that same year to allow a coordinated and coherent assessment of the measures implemented under all these instruments. Upstream and embedded emissions should be taken into account in order to make Well-to-Wheel and Life- cycle emissions of vehicles part of the review.
Amendment 148 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 163 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 320% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part A of Annex I;
Amendment 169 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet- wide target equal to a 3015% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part B of Annex I.
Amendment 183 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) for each calendar year from 2021 until 20249, the specific emissions target determined in accordance with points 3 and 4 of Parts A or B of Annex I as appropriate or, where a manufacturer is granted a derogation under Article 10 , in accordance with that derogation and point 5 of Parts A or B of Annex I;
Amendment 186 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) for each calendar year, starting from 202530, the specific emissions targets determined in accordance with point 6.3 of Parts A or B of Annex I.
Amendment 191 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the category of vehicles registered as M1 orand N1, for which the pool shall apply.
Amendment 193 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Article 6 – paragraph 8 a (new)
8a. In order to determine the average specific M1 and N1 emissions of CO2 of each manufacturer, when a manufacturer overachieves the CO2 M1 or N1 target, his performance shall be taken into account for the same manufacturer or for other manufacturer(s). In this case, the difference between M1 or N1 specific emission targets of the manufacturer and its average specific emissions shall be deducted from its average specific emissions of CO2 for M1 or N1 specific target, weighted with the registration volumes. The total contribution of those transfers of credits between M1 or N1 manufacturers may be up to 10g CO2/km per manufacturer.
Amendment 206 #
2017/0293(COD)
Proposal for a regulation
Article 7 – paragraph 9 a (new)
Article 7 – paragraph 9 a (new)
9a. During the monitoring and reporting phase, the amount of advanced liquid and gaseous biofuels sold at the stations shall be taken into account and shall be deducted from the CO2 emissions reported at the type-approval phase. These values are used for the calculation of the Carbon Correction Factor (CCF). The Carbon Correction Factor (CCF) is calculated using the following formula: CCF = national share of advanced liquid and gaseous biofuels used. The corrected CO2 fleet calculation shall therefore be calculated as follow: CO2 fleet = (CO2 Type-approval)*(1-CCF)
Amendment 219 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) the 2025 and 2030 EU fleet-wide targets referred to in Article 1(4) and (5) calculated by the Commission in accordance with points 6.1.1 and 6.1.2 of Parts A and B of Annex I;
Amendment 222 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) the values for a2021, a2025 and a2030 calculated by the Commission in accordance with point 6.2 of Parts A and B of Annex I.
Amendment 228 #
2017/0293(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 4
Article 11 – paragraph 1 – subparagraph 4
The Commission mayshall adjust the cap with effect from 20251 onwards, in order to reflect WLTP calculation. Those adjustments shall be performed by means of delegated acts in accordance with Article 16.
Amendment 250 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall in 2024 submit a report to the European Parliament and the Council on the effectiveness of this Regulation, where appropriate, accompanied by a proposal for amending the Regulation. This report will consider, inter alia, the real world representativeness of the CO2 emission and energy consumption values determined in accordance with Regulation (EU) 2017/1151, the deployment on the Union market of zero- and low-emission vehicles and the roll-out of recharging and refuelling infrastructure reported under Directive 2014/94/EU of the European Parliament and of the Council29 . The Commission shall propose appropriate change in the ambition level set up for 2030 accordingly. _________________ 29 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)
Amendment 254 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. By 2021 the Commission shall establish a framework for a consistent and robust calculation of the life-cycle CO2 emissions and set out a mechanism for manufacturers to report upstream and embedded emissions on a voluntary basis.
Amendment 267 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 4 – introductory part
Annex I – part A – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 272 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – introductory part
Annex I – part A – point 6 – introductory part
6. From 1 January 202530, the EU fleet- wide targets and the specific emissions targets of CO2 for a manufacturer shall be calculated as follows:
Amendment 273 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – introductory part
Annex I – part A – point 6 – point 6.1 – introductory part
6.1. EU fleet-wide targets for 2025 and 203030 onwards
Amendment 277 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Amendment 278 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Annex I – part A – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Reduction factor2030 is the reduction specified in Article 1(54)(a)
Amendment 281 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – introductory part
Annex I – part A – point 6 – point 6.2 – introductory part
6.2. Specific emissions reference targets from 202530 onwards
Amendment 285 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Amendment 286 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 3 – subparagraph 1
EU fleet-wide target2030 is as determined in accordance with point 6.1.2
Amendment 288 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 1
The specific emissions target from 202530 onwards
Amendment 295 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Specific emissions reference target is the specific emissions reference target of CO2 determined in accordance with point 6.2.1 for the period 2025 to 2029 and 6.2.2 for 2030 onwards
Amendment 301 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 1
y is the share of zero- and low-emission vehicles in the manufacturer's fleet of newly registered passenger cars calculated as the total number of zero- and low- emission vehicles, where each of them is counted as ZLEVspecific in accordance with the formula below, divided by the total number of passenger cars registered in the relevant calendar year ZLEV specific = 1 - [(specific emissions x 0,5) / 50]
Amendment 306 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 2
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 2
Amendment 309 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
x is 15% in the years 2025 to 2029 and 320% in 2030 onwards.
Amendment 314 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 4 – introductory part
Annex I – part B – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 318 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – introductory part
Annex I – part B – point 6 – point 6.1 – introductory part
6.1. The EU fleet-wide targets for 2025 and 203030 onwards
Amendment 322 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Amendment 324 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Annex I – part B – point 6 – point 6.1 – point 6.1.2 – paragraph 3 – subparagraph 2
Reduction factor2030 is the reduction specified in Article 1(54)(b)
Amendment 328 #
2017/0293(COD)
6.2. The specific emissions reference target from 202530 onwards
Amendment 331 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Amendment 332 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – introductory part
Annex I – part B – point 6 – point 6.3 – introductory part
6.3. Specific emissions targets from 202530 onwards
Amendment 335 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Amendment 352 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 1
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 1
y is the share of zero- and low-emission vehicles in the manufacturer's fleet of newly registered light commercial vehicles calculated as the total number of zero- and low-emission vehicles, where each of them is counted as ZLEVspecific in accordance with the formula below, divided by the total number of light commercial vehicles registered in the relevant calendar year ZLEV specific = 1 - [(specific emissions x 0,5) / 50]
Amendment 354 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.1 – paragraph 4 – subparagraph 2
Amendment 358 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 2
The specific emissions target = (specific emissions reference target – (øtargets – EU fleet-wide target2030)) · ZLEV factor
Amendment 365 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 3 – subparagraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 3 – subparagraph 2
Amendment 376 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
x is 3015%
Amendment 379 #
2017/0293(COD)
Proposal for a regulation
Annex II – part A – point 1 – paragraph 1 – point t a (new)
Annex II – part A – point 1 – paragraph 1 – point t a (new)
(ta) vehicle family lifecycle CO2 emissions, where available
Amendment 51 #
2017/0288(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Commercial regular service operations should not compromise the economic equilibrium of existing public service contracts, nor should they conflict with the exclusive rights granted in exchange for compliance with public service obligations in the context of a public service contract. For this reason, the regulatory body should be able to carry out an objective economic analysis to ensure that this is the case.
Amendment 85 #
2017/0288(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 110 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 9
Article 2 – paragraph 9
9. ‘terminal’ means any facility with a minimum area of 600m2, authorised facility which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers; , and which has the following facilities: a check-in desk, a waiting room and a ticket office;
Amendment 132 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Regulation (EC) No 1073/2009
Article 2 – paragraph 12 (new)
Article 2 – paragraph 12 (new)
11a. ‘alternative route’ means a route between the same starting point and destination taken by another existing regular service that can be used instead.
Amendment 159 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1073/2009
Article 3 a – paragraph 3 – point c a (new)
Article 3 a – paragraph 3 – point c a (new)
(ca) a publicly accessible electronic register shall be set up, listing all authorised national and international services.
Amendment 278 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
2. Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2).
Amendment 283 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3
Article 8 a – paragraph 3
3. The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment, for informationwithin two weeks of receipt of the application, with a request for their agreement.
Amendment 286 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 a (new)
Article 8 a – paragraph 3 a (new)
3a. If one of the competent authorities does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply.
Amendment 287 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 b (new)
Article 8 a – paragraph 3 b (new)
3b. After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned.
Amendment 289 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 a – paragraph 3 c (new)
Article 8 a – paragraph 3 c (new)
3c. The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.
Amendment 307 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 2
Article 8 b – paragraph 2
2. Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (cd) of Article 8c(2) and, if the service is carrying passengers over a distance of less than 100 kilometres as the crow flies, Article 8c(2)(de).
Amendment 314 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 b – paragraph 3 a (new)
Article 8 b – paragraph 3 a (new)
3a. Before starting to operate the service, the authorised carrier shall prove it has an effective and stable establishment in the state in which the service is to be provided, in accordance with Articles 3 and 5 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council.
Amendment 326 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2 – point c a (new)
Article 8 c – paragraph 2 – subparagraph 2 – point c a (new)
(ca) the applicant has requested authorisation for a regular service to run on the same route, or via a different route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract;
Amendment 328 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 c – paragraph 2 – subparagraph 2 – point d
Article 8 c – paragraph 2 – subparagraph 2 – point d
(d) a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract. That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services or more value for money.
Amendment 343 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 1
Article 8 d – paragraph 1
1. Member States may limit the right of access to the international and national market for regular bus and coach services if the proposed regular service carries passengers over distances of less than 100 kilometres as the crow flies and if the service would compromise the economic equilibrium of a public service contractmeets the needs of an urban or suburban centre or conurbation, or the needs for transport between it and the surrounding areas.
Amendment 349 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 2 – subparagraph 2
Article 8 d – paragraph 2 – subparagraph 2
Amendment 360 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5
Article 8 d – paragraph 5
Amendment 363 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 1073/2009
Article 8 d – paragraph 5 a (new)
Article 8 d – paragraph 5 a (new)
5a. Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council, protection of those exclusive rights shall apply only to the operation of public passenger transport services providing services on the same routes or on alternative routes. This shall not prevent the authorisation of new regular services operating on other routes.
Amendment 366 #
2017/0288(COD)
5b. Member States may limit the right of access to the international and national market for regular services if the proposed regular service meets the needs of an urban or suburban centre or conurbation, or the needs for transport between it and the surrounding areas.
Amendment 371 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Amendment 375 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1073/2009
Article 15 – point c
Article 15 – point c
(c) regular services performed in accordance with this Regulation. by a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation, with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be carried out independently of that international service, and shall not affect public service contracts.
Amendment 385 #
2017/0288(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
(17) Article 17 is deleted; amended as follows: Control documents for cabotage operations 1. Cabotage operations in the form of occasional services shall be carried out under cover of a journey form, on paper or in digital format, which shall be presented at the request of any authorised inspector. 2. The following information shall be entered on the journey form: (a) the points of departure and arrival of the service; (b) the date of departure and the date on which the service ends. 3. In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document. However, a journey form shall be filled out in the form of a monthly statement. 4. During checks, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the requested documents.
Amendment 112 #
2017/0237(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The cost of a phone call to book assistance should never exceed the regular local call rate because otherwise this is an additional cost for persons with disabilities, in line with point 5.4 of the Commission’s Interpretative Guidelines.
Amendment 116 #
2017/0237(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) If no accessible ticket vending facilities are available at the station, persons with disabilities and persons with reduced mobility may have to purchase tickets on board the train. This should be free of charge and no “proof of disability” shall be requested by the Railway Undertaking’s staff.
Amendment 119 #
2017/0237(COD)
Proposal for a regulation
Recital 15 c (new)
Recital 15 c (new)
(15c) Service animals need particular attention in the case of long delays, cancellations or other exceptional situations.
Amendment 161 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 182 #
2017/0237(COD)
4. Articles 5, 10, 11 and 25 and Chapter V, 12, 20, 21, 22, 23, 24, 25 and 26 shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) and (b) of paragraph 2.
Amendment 246 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall routinely provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 258 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Railway undertakings and, where possible, ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 263 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats should be clearly advertised.
Amendment 294 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least onetwo of the following points of sale:
Amendment 300 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Member States may require railway undertakings to provide tickets for services provided under public service contracts through more than onetwo point of sale.
Amendment 309 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket machine is not fully accessible, passengers shall be informed at the station:
Amendment 436 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) hotel or other accommodation, and transport between the railway station and place of accommodation, in cases where a stay of one or more nights becomes necessary or an additional stay becomes necessary, where and when physically possible;. When transport and/or accommodation is provided, it should be accessible and the needs of service animals should also be taken into account.
Amendment 440 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 453 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility; it shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 470 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 479 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). The booking of assistance shall also always be free of charge, irrespective of the communication channel being used.
Amendment 516 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 528 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time or the time at which all passengers are asked to check in.
Amendment 540 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be timely executed and equal to the full cost of replacement orbased on the actual value, or on the full costs of repair, of the equipment or devices lost or damawheelchair, equipment, devices lost or damaged, or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passengedr.
Amendment 546 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnel, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility, receive disability-related training in order to know how to me et the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 549 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
Article 26 – paragraph 1 – point a a (new)
(aa) Disability-related training courses mentioned in paragraphs (a), (b)and (c) shall meet the specifications set out in annex VI;
Amendment 552 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly or indirectly with the travelling public;
Amendment 564 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requesttively encourage the participation, in the training, of employees with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.
Amendment 570 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
Disability-related training courses mentioned in paragraphs (a), (b) and (c) shall meet the specifications set out in annex VI.
Amendment 591 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a body national enforcement body or the designated complaint handling body shall be granted the powers and the capacity to enforce individual complaints from passengers under this Regulation.
Amendment 596 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with Disabled Persons’ Organisations (DPOs), shall conduct regular audits of the assistance services provided and publish the results in accessible formats.
Amendment 636 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Annex Va Disability-awareness training. Training of staff that deal directly with the travelling public includes: - awareness of and appropriate responses to passengers with physical, sensory (hearing and visual), hidden or learning disabilities, including how to distinguish between the different abilities of persons whose mobility, orientation, or communication may be reduced, - barriers faced by disabled persons and persons with reduced mobility, including attitudinal, environmental/physical and organisational barriers - service animals, including their role and needs, - dealing with unexpected occurrences, - interpersonal skills and methods of communication with deaf people and people with hearing impairments, people with visual impairments, people with speech impairments, and people with a learning disability, - how to handle wheelchairs and other mobility aids carefully so as to avoid damage (if any, for all staff who are responsible for luggage handling);
Amendment 637 #
2017/0237(COD)
Proposal for a regulation
Annex V b (new)
Annex V b (new)
Annex Vb Disability-assistance training Training of staff directly assisting disabled persons and persons with reduced mobility includes: - how to help wheelchair users make transfers into and out of a wheelchair, - skills for providing assistance to disabled persons and persons with reduced mobility travelling with a service animal, including the role and the needs of these animals, - techniques for escorting visually impaired passengers and for the handling and carriage of service animals, - an understanding of the types of equipment which can assist disabled persons and persons with reduced mobility and acknowledge of how to handle such an equipment, - the use of boarding and alighting assistance equipment used and knowledge of the appropriate boarding and alighting assistance procedures that safeguard the safety and dignity of disabled persons and persons with reduced mobility, - understanding of the need for reliable and professional assistance. Also awareness of the potential of certain disabled passengers to experience feelings of vulnerability during travel because of their dependence on the assistance provided, - a knowledge of first aid.
Amendment 50 #
2017/0123(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing even if they currently account for only 0.11 % of international traffic within the EU in terms of tonnes-kilometres.. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnesof 2.4 to 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatore requirements for engagement in the occupation of road transport operator should apply equally.
Amendment 73 #
2017/0123(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax and social security rules should be added to the items relevant to the assessment of good repute.
Amendment 78 #
2017/0123(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workersdrivers in the road transport sector and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 178 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 1071/2009/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 220 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point ii
Article 1 – paragraph 1 – point 4 – point a – point ii
(vii) tax law. and social security contributions.';
Amendment 226 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
(xi) the posting of workersdrivers in the road transport sector;
Amendment 241 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation 1071/2009/EC
Article 6 – paragraph 2 a – point b
Article 6 – paragraph 2 a – point b
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and, to distort competition in the road transport market, including by undermining the working condiand the failure to comply with, or the poor applications of, transport workershe relevant Union labour legislation;
Amendment 252 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used that is over 3.5 tonnes, or EUR 1 000 for each additional vehicle with a permissible laden mass between 2.4 and 3.5 tonnes. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding between 2.4 and 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding between 2.4 and 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional0 for each vehicle used.
Amendment 261 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1071/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.
Amendment 321 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within ten working days, with reasons. The Member States concerned shall discusscooperate with each other with a view to finding a solution for any difficulty raised.
Amendment 335 #
2017/0123(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1071/2009
Article 26 – paragraph 3 – point d
Article 26 – paragraph 3 – point d
(d) the estimated share of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes in the overall road transport activity of all vehicles registered in the Member State, broken down by national, international and cabotage operations in terms of tonnes-kilometres.
Amendment 435 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 24 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 36 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 438 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 3
Article 10 a – paragraph 3
3. Member States shall, at least threesix times per year, undertake concerted roadside checks on cabotage operations, which may coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.
Amendment 415 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 561/2006
Article 13(1)(e)
Article 13(1)(e)
(e) vehicles operating exclusively on islands7a) Article 13(1)(e) shall be replaced by the following: "(e) vehicles operating exclusively on islands or regions isolated from the rest of the national territory not exceeding 2 300 square kilometres in area which are not linkconnected to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; , and which do not border another Member State;" Or. es (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02006R0561- 20150302&from=EN)
Amendment 442 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 86 #
2017/0121(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs. Administrative requirements and control measures need to be harmonised to prevent carriers from suffering unnecessary or arbitrary delays. _________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 116 #
2017/0121(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should notalso apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver, by analogy with the general rules on posting of workers, to cabotage operations as defined by Regulations (EC) No 1072/200918 and (EC) No 1073/200919. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 131 #
2017/0121(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) International road transport operations of less than 100 km carried out in certain border regions of the Member States must also be excluded from the scope of application of Directive 96/71/EC. Changes in legislation on the posting of workers cannot be allowed to undermine the economic and social integration achieved in certain regions.
Amendment 248 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspects of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers. Directive 96/71/EC shall not apply to international road transport operations where the total distance travelled is less than 100 km.
Amendment 288 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3five days during a period of one calendar month.
Amendment 319 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3five days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 360 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than six hours spent in the territory of a host Member State shall be considered as half aperiod of 24 hours of uninterrupted presence in a host Member State shall represent a period of posting of one day;
Amendment 361 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 375 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 446 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date, and duration of the posting;
Amendment 455 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC, translated into one of the official languages of the host Member State or into English;
Amendment 460 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi b (new)
Article 2 – paragraph 4 – point a – point vi b (new)
(vib) a copy of the payslip corresponding to the month in which the posting takes place;
Amendment 492 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 508 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 529 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), atproviding evidence of the brequest of the authorities of the host Member State within a reasonable perakdowns or circumstances that occurred which may have altered the envisaged dates and duratiodn of time;he posting.
Amendment 566 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. Member States shall avoid unnecessary delays in the implementation of the control measures that may affect the duration and dates of the posting.
Amendment 22 #
2017/0116(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Union air carriers are at the centre of a global network connecting Europe internally and with the rest of the world. They should be enabled to compete against third countries air carriers in an environment of open and fair competition between all air carriers, ensuring transparency, a level playing field and preventing all anti-competitive behaviour. This would contribute to maintaining conditions conducive to a high level of Union's connectivity.
Amendment 44 #
2017/0116(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Effective, proportionate and dissuasive legislation remains necessary in order to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition within the Union and with third countries air carriers. To that end, the Commission should be entrusted with the power to conduct an investigation and to take measures where necessary, after consulting the European Parliament and relevant stakeholders. Such measures should be available either where relevant obligations under an agreement to which the Union is a party are violated, or where practices affecting competition cause or threaten to cause injury to Union air carriers and competition.
Amendment 114 #
2017/0116(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
For the purpose of this Regulation, a 'Union interest', such as strengthening the internal market, strengthening the connectivity of Member States, increasing transparency and fair competition, shall be determined by the Commission on a case by-case basis, after consulting the European Parliamentand taking into consideration a common view of the majority of Member States
Amendment 143 #
2017/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to promote the use of the cleanest and most efficient vehicles and the use of alternative fuels, Member States should apply significantly reduced road tolls and user and external-cost charges to those vehicles. Zero-emission vehicles should not be subject to any external-cost charge related to air pollution.
Amendment 319 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 1999/62/EC
Article 7 c – paragraph 1 – subparagraph 2
Article 7 c – paragraph 1 – subparagraph 2
For heavy duty vehicles, the external-cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in Annex IIIa and shall respect the reference values set out in Annex IIIb. Zero-emissions vehicles shall not be subject to any external-cost charge related to air pollution.
Amendment 329 #
2017/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new) Directive 1999/62/EC
Article 1 – paragraph 1 – point 5 (new) Directive 1999/62/EC
3a. Before 31 December 2030, no external-cost charges shall be levied in relation to air pollution on vehicles which use alternative fuels, according to the definition in Directive 2014/94/EU on the deployment of alternative fuels infrastructure.
Amendment 181 #
2016/2062(INI)
Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Paragraph 8 – subparagraph 1 (new)
Notes the importance of connectivity for the development of small and regional airports within the Union, as the drivers for growth, jobs creation and regional cohesion, especially at the Outermost Regions as specified in Article 349 of the TFEU; recalls that over the last years, small regional airports have tended to be more affected than other airports by losses of direct connectivity; Highlights the role on which small and regional airports might play within the Union as another way to decongest larger and hub airports through indirect connections; asks the European Commission, jointly with the Member-States, to present an EU long-term strategic plan addressing the challenges and opportunities of regional airports inside the EU context;
Amendment 206 #
2016/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that transport operators and service providers will engage in finding intermodal and multimodal solutions if, through a EU regulatory framework, clarification and legal certainty are provided as concerns passenger rights, liability, delays, security services and open data; recalls the need to ensure adequate air traffic services in case of disruption to air traffic, as underlying in the SES and at ICAO guidance;
Amendment 63 #
2016/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 124 #
2016/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.
Amendment 136 #
2016/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.
Amendment 189 #
2016/0284(COD)
Proposal for a regulation
Recital 19 a(new)
Recital 19 a(new)
(19a) The retransmission of programmes from other Member States is an act subject to copyright and, in some cases, related rights. Online services should therefore obtain the authorisation of every right holder for each part of the retransmitted programme. In accordance with this Regulation, authorisations should be granted contractually, unless a temporary exception is provided for under existing legal licence schemes.
Amendment 212 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over a mobile network or an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.
Amendment 216 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) "direct injection" means a process in two steps or more whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for reception by the public to service providers via a point-to- point communication – by wire or over the air, including by satellite – in such a way that the signals cannot be accessed by the general public during such transmission.The service providers offer those programmes to the public, simultaneously in an unaltered and unabridged form, for viewing or listening by a variety of techniques including cable, microwave systems, satellite, digital terrestrial, or IP-based, mobile, or similar networks.
Amendment 224 #
2016/0284(COD)
Proposal for a regulation
Article 2
Article 2
Application of the principle of ‘country of origin’ to ancillary online services (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted
Amendment 243 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 259 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 264 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. By virtue of the principle of contractual freedom, the parties shall be entitled to continue entering into arrangements limiting the exploitation of the rights referred to in paragraph 1, provided that any such limitations are in compliance with Union law and the laws of Member States.
Amendment 265 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. The retransmission of the initial transmission of a television or radio programme from one Member State to other Member States by means of an ancillary online service as defined in this Regulation shall take place in compliance with the applicable copyright, related rights, and rights to other subject matter and on the basis of individual or collective contractual agreements between copyright owners, holders of related rights, holders of rights to other subject matter, and retransmission service operators.
Amendment 295 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 314 #
2016/0284(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme-carrying signals by a direct injection process to distributors for reception by the public shall be jointly liable, together with such distributors, for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.In such a situation, both the broadcasting organisation and the distributors involved in the process shall obtain an authorisation from the relevant right holders as regards their participation, and the exploitation involved, in such acts.
Amendment 324 #
2016/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.
Amendment 286 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
(31) A free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments, in a context where news aggregators and search engines are increasingly making profit out of press publications, without contributing to their development and without fairly remunerating their creators. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Amendment 303 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Amendment 316 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection should notably apply where the content is automatically generated by, for example, news aggregators but does not extend to acts of hyperlinking which do not constitute communication to the public as it may be the case with acts of hyperlinking.
Amendment 336 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Amendment 361 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Evolution of digital technologies has led to the emergence of new business models and reinforced the role of the Internet as the main marketplace for the distribution of and access to copyright- protected content. Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for it. The creative sector contributes significantly both economically and culturally to the strength of the Union, and the importance of the sector has long been recognised by Union law including Directive 2001/29/EC, which aims to guarantee a framework wherein the exploitation of works and other protected subject-matter can take place. Difficulties faced by rightholders when seeking to license their rights to certain online services and be remunerated for the online distribution of their works and subject matter risks undermining that aim. To uphold a high level of protection that enables the creative sectors to continue to contribute culturally and economically to the Union it is necessary to ensure that legal certainty is provided both for rightholders and users of protected works and subject-matter and that rightholders are able to negotiate copyright licenses with user – uploaded content services that distribute their content.
Amendment 397 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the publicor making available to the public, as the case may be, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 422 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement or to prevent the availability on their services of content not covered by such agreements, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies consistent with prevailing technologies and industry best practices, and provided such technology exists. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 441 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providIn cases when the measures and technologies deployed ing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assordance with this Directive affect the upload of content covered by an exception or authorization granted, it is necessary to require service providers to set up complaints and redress mechanisms for the benefit of users whose content has been affected by the measures. Such mechanisms should strike an appropriate balance between the need to ensure that content covered by exceptions to copyright or authorisations is not unduly affected by the measures, and the need to ensure that complaints and redress ment of their appropriateness. The services should in particular provide rightchanisms do not unreasonably prejudice the effectiveness of the measures. To achieve that aim, complaints and redress mechanisms shoulders with information on the type of technologies used, the way they are operated and their success r prescribe minimum standards for complaints to ensure right holders are provided with adequate infor the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers onmation to assess and respond to complaints. Properly functioning complaints and redress mechanisms should provide rightholders with an adequate period to respond to complaints, taking into account the number of complaints being processed by the recipient rightholder at the ustime of their content covered by an agreememplaint.
Amendment 741 #
2016/0280(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 757 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 781 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 2015 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Amendment 817 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to works or other subject- matter uploaded by their users perform an act of communication or making available to the public. In cases where those service providers store and provide access to large amounts of works or other subject-matter uploaded by their users, the service providers shall, in cooperation with rightholders, take effective measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 862 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies andensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1, in particular regarding the possible application of an exception or an authorisation of use relating to the content concerned. Such mechanisms shall not unreasonably prejudice their effectiveness in light of technological developmentsof measures referred to in paragraph 1.
Amendment 931 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriat equitable remuneration derived from the party with whom they entered intoexploitation of their works. The additional remuneration shall be adjusted for the party with whom a contract for the exploitation of the rights was entered into, when the remuneration originally agreed is disproportionately low compared to the subsequent relevaner than the net revenues and benefits derreceived from the exploitation of the works or performancesand provided for at the start of such exploitation.
Amendment 167 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 251 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UniversaAll cross-border parcel service providdeliversy providing parcel delivery servicesers falling within the scope of Article 3 shall provide the national regulatory authority of the Member State in which they are established with the public list of tariffs applicable on 1 January of each calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 Jan28 February of each calendar year at the latest.
Amendment 264 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 270 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 281 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordabilitymake an initial assessment of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1) within 3three months of receipt of that information. InThe purpose of that assessment, in particular the following elements shall be taken into account: shall be to assess whether the cost to individuals and small and medium sized enterprises is reasonable and to what extent the uptake of cross-border parcel delivery services is affected by the applicable cross-border tariffs.
Amendment 297 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 310 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the national regulatory authority concludes that cross-border tariffs referred to in paragraph 1 are not affordable, it shall request further necessary information and/or justification in relation to the level of those tariffs from the universal service provider.In carrying out its initial assessment referred to in paragraph 1, the national regulatory authority shall in particular take into account the likely impact of the applicable cross-border tariffs on the following: (a) individual users who are people with disabilities or those with reduced mobility; (b) individual and small and medium-sized enterprise users living or situated in remote or sparsely populated areas; and
Amendment 340 #
2016/0149(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 370 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) whether the aeffordaiciency and accessibility of cross- border parcel delivery services has improved, including for users located in remote or sparsely populated areas;
Amendment 37 #
2015/2255(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to swiftly implement all relevant social legislation covering the transport sector; strongly urges the Commission to monitor more closely the implementation, increase cross- border cooperation in this area, and for and proper enforcement of the existing legislation;
Amendment 39 #
2015/2255(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Calls for Member States to refrain from taking unilateral measures and implement unilateral interpretations of the EU social and labour legislation, which can seriously hinder the functioning of the internal market; recalls that in no case social and labour issues should be used as an excuse to prevent market access and stifle healthy competition among operators; Calls the Commission to present a guideline to clarify the national implementation of existing EU legislation and to further harmonization the carrying out of controls;
Amendment 92 #
2015/2255(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to suspend such business practices as precarious contracts (bogus self-employment, zero-hour contracts, pay-to-fly-schemes, etc.), letter-box companies and flags of convenience in order to ensure the social protection of workerstake appropriate measures to combat the widespread use of contract conditions that put the social protection of workers at risk, as well as to combat letter-box companies and flags of convenience;
Amendment 120 #
2015/2255(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the need for the Commission to treat social aspects as a major priority of the road package, including measures to ensure legal clarity and better implementation of rules governing working conditions, social and welfare rights, wages and social responsibility; urges the Member States to ensure the proper enforcement of national legislation regarding social and welfare rights, wages and social responsibility; supports the implementation of measures allowing hauliers to have their rest periods in their places of origin;
Amendment 151 #
2015/2255(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 179 #
2015/2255(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that the social dimensionTakes note of the Aviation Package published by the Commission must be strengthened as employment and working conditions are directly linked to the maintenance of the safety and security of both passengers and staff; underlines furthermore, in this connection,and underlines the need for the Commission and the Member States to monitor and ensure proper enforcement of national social legislation and collective agreements for airlines having operational bases on EU territory;
Amendment 208 #
2015/2255(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that, in the maritime sector, the Commission should promote the recruitment and retention of skilled European-based seafarers to stop European officers being replaced by crew from third countries; considers furthermore that the Commission should create provisions enabling EU-controlled tonnage to be returned to flags of EU Member States; considers it vital, in this regard, to ensure sufficient transparency in terms of the tax regimes implemented in the Member States and prevent concealed state aid that distorts the internal market;
Amendment 223 #
2015/2255(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that, without prejudice to national and Union law, including collective agreements between social partners, the competent authority should require the designated provider of port and railway services to establish staff working conditions on the basis of binding national, regional or local social standards and to implement the compulsory transfer of staff in the event of public calls for tender for a change in service provider;
Amendment 1 #
2015/2147(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Urges the Commission to ensure that the EU strategy for a digital single market is developed in cooperation with States that are the frontrunners in the field of good digitisation practices so as to easily factor in technological innovations from countries outside the EU, especially with regard to intellectual property, thereby improving interoperability and increasing opportunities for the growth and expansion of European companies on the international market;
Amendment 18 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the digitisation of the transport sector provides Europe with new business opportunities and jobs, particularly where start-ups and small businesses are concerned; points to strong growth in the ITS sector, with an expected global annual growth rate of 16.4 % for the period 2014 - 2019;
Amendment 25 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the digitisation of the transport sector will pave the way for the creation of new, less mechanised jobs, providing potential for more creative tasks; points out that in-service training programmes for workers are essential in order to keep pace with developments in technology;
Amendment 40 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to assess the need to modernise EU regulations and adapt them to the digital age; asks the Commission, in looking at the effectiveness of initiatives that have already been introduced in some Member States involving the unification of transport infrastructure and better online access for users and businesses, to harmonise the regulatory framework of different transport modes in order to promote true competition between modes and to encourage new innovations and services for mobility and logistics, including those based on the sharing economy, while creating a level playing field for existing market actors and new market entrants in terms of high European standards regarding safety, working conditions, fair taxation, consumer protection and the prevention of harmful environmental effects;
Amendment 52 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Commission to ensure that the EU strategy for a European single market is developed in cooperation with states that are the frontrunners in the field of good digitisation practices in the area of transport so as to easily factor in technological innovations made by countries outside the EU, thereby improving interoperability and increasing opportunities for the growth and expansion of European companies on the international market;
Amendment 82 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that the transport and tourism sectors will become onetwo of the largest fields of implementation of the Internet of Things (IoT)., making travel planning easier, improving interconnections between modes of transport and preventing geography being an obstacle in the procurement of services by means of multimodal integrated ticketing;
Amendment 89 #
2015/2147(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that there is a need for improved accessibility as regards the internet and IT applications in stations, airports and, as far as possible, in hotels and other forms of accommodation;
Amendment 24 #
2015/2103(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. notes that automated vehicles can play an important role in developing sustainable transport (for example, through the potential for making savings in emissions) and calls on the Commission and Member States to pay attention to upcoming technical progress; stresses the importance of increasing energy efficiency by encouraging the use of powertrains using renewable fuels in automated vehicles; notes that automated vehicles could help increase road capacity and reduce traffic congestion due to the shorter safety distances needed between vehicles and the ability to better manage traffic flows, which would result in greater energy and environmental efficiency;
Amendment 38 #
2015/2103(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. calls on the Commission and Member States to conduct further research to assess the safety and environmental implications of automated vehicles, and invites them to create a knowledge-sharing system to record the outcomes of tests and pilot schemes; calls on the Commission and Member States to ensure that the safety of automated vehicles is considered to be essential or a sine qua non for a progressive integration in the market;
Amendment 84 #
2015/2103(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. notes that the development of automated vehicles requires a proactive and committed institutional approach on the part of the Union and Member States as well as the involvement of technology centres and of the automotive industry;
Amendment 89 #
2015/2103(INL)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. notes that the development of automated vehicles should always take into account Union legislation on personal data protection;
Amendment 91 #
2015/2103(INL)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. supports the impetus to the development and commercialization of automated and connected vehicles in the Union from 2019, in line with the Amsterdam Declaration of April 2016, and calls for the establishment of an appropriate Union technical and regulatory framework;
Amendment 92 #
2015/2103(INL)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. notes that a potential authorization of the use of automated vehicles needs to have as a prerequisite certain regulatory and legislative changes. Some of those changes should be focused on insurance law and civil liability;
Amendment 93 #
2015/2103(INL)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. concerning unmanned aircraft, recalls the measures set out in Regulation (EC) No 216/2008 of the European Parliament and of the Council, of 20 February 2008, on common rules in the field of civil aviation and establishing a European Aviation Safety Agency1a to ensure homogeneity and safety; ________________ 1aRegulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
Amendment 44 #
2015/2095(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is concerned that without vessels and their crew being sufficiently prepared for operations that are not their normal activities, the situation willmight result in accidents in the Mediterranean Sea that might lead to loss of human lives and also entail environmental risks;
Amendment 71 #
2015/2095(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States, Council and Commission to immediatelyconsider the possibility of increaseing funding for urgent temporary, sufficient rescue operations in the Mediterranean, so that the safety and fundamental rights of both the refugees in clear need of international protection who are seeking to enter Europe and the maritime crews working in the Mediterranean waters can be guaranteed;
Amendment 86 #
2015/2095(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Urges that the role played by the European Maritime Safety Agency (EMSA) should be boosted and strengthened, since it is familiar with the legal and operational difficulties that arise in the European maritime environment, in particular as regards existing vessel traffic monitoring using the Enhanced SAR SURPIC service and the development of specific ad hoc practice and training programmes for rescue operations in the Mediterranean;
Amendment 91 #
2015/2095(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that Member States and authorities involved need to ensure a fluent disembarkation of rescued refugees and migrants in the appointed sea port from vessels which have been part of a rescue operation, providing legal backing for diversions from the route and basic assistance where there is no serious danger for the vessel, its crew or its passengers, thereby reducing the potential for legal disputes that might arise when such a decision is taken in relation to third parties;
Amendment 96 #
2015/2095(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that the crews of merchant vessels are not directly responsible for search and rescue operations, which should be coordinated by the Member States, allocating the necessary human and financial resources;
Amendment 97 #
2015/2095(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses that the crews of passenger ships, cruise ships and container ships involved in a rescue mission must on no account complicate or hinder the work of the officials responsible for screening migrants in the border Member States, as coordinated by Frontex, whatever decision they may take in accordance with the Member States’ and EU law;
Amendment 100 #
2015/2095(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on all parties involved in the situation in the Mediterranean to seek solutions to the refugee crisis, including efforts to improve the safety and humanfundamental rights of the refugees in their home countries, promoting migration control agreements with third countries within the framework of the agreements approved by the Council;
Amendment 17 #
2015/2005(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the transport industry represents a driving force of the EU economy, employing around 10 million people and accounting for about 5 % of GDP, which should remain a frontrunner in generating territorial cohesion, further economic growth and job creation;
Amendment 54 #
2015/2005(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there is an urgent need to breakduce as far as possible the transport system’s dependence on oil and its environmental impact without sacrificing its efficiency and curbing mobility;
Amendment 70 #
2015/2005(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the creation of a genuine Single European Transport Area for the benefit of the internal market will not be possible without the completion of trans-border infrastructures and effective implementation of EU legislation by Member States;
Amendment 100 #
2015/2005(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that a European sustainable mobility policy needs to build on a broad range of policy tools to shift towards the least polluting and most energy-efficient modes of transport; points out that shifting the balance between modes of transport is not an end in itself, but is necessary to disconnect mobility fromwill arise naturally by the encouragement of efficient co-modality, thereby reducing its adverse effects such as congestion, air pollution, noise, accidents and climate change;
Amendment 150 #
2015/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that the completion of the Trans-European Transport Network remains one of the preconditions for a more sustainable and efficient transport system and a more balanced distribution of freight and passengers among transport modes; stresses that the selection of projects eligible for EU funding must focus on the completion of missing links, especially trans-border links, the upgrading of existing infrastructure and the development of multimodal terminals, putting greater emphasis on European added value; considers that the Connecting Europe Facility instrument and other means of financing should stimulate investment in rail, ports and inland waterways as a priority; emphasises that co-funded projects should reflect the need for infrastructure that minimises the impact on the environment, that is resilient to the possible impact of climate change and that improves the safety of users; stresses also the need for proper maintenance of the existing infrastructure;
Amendment 225 #
2015/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of promoting electro-mobility and electric public transport systems, coupled with the introduction of renewable energy sources in the electricity sector, giving priority to the electrification of the rail network, tramwaysthe introduction of alternative fuels in transport in order to achieve the gradual reduction of reliance on oil, improve air quality in cities and meet undertakings for the reduction of greenhouse gases; in this sense, belectric cars and e-bikes; stresses the potential of modern aerial tramways (cable cars), as an inexpensive and easy-to-build means of transportation, to expand the capacity of urban public transport systemsieves that the promotion of electro-mobility and electric public transport systems can play an important role, provided that it is accompanied by a relevant renewable energy quota;
Amendment 313 #
2015/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need to complete the established legislative framework for passenger rights with measures covering passengers on multimodal journeys; calls for initiatives to promote integrated travellerensure that multimodal information and intermodal ticketing effectively reaches users; asks for measures to improve the quality of transport for elderly people, passengers with reduced mobility and disabled passengers, including better accessibility of infrastructure;;
Amendment 412 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 1 a (new)
Paragraph 25 – indent 1 a (new)
- the European Commission and the Member States to undertake an in-depth review of the EU air safety strategy focused on risk and for the benefit of passengers;
Amendment 416 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 1 a (new)
Paragraph 25 – indent 1 a (new)
- when the investigation is completed and the information is available, an assessment of the possible safety measures necessary for avoiding air accidents like the one that occurred in the Alps in March;
Amendment 418 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 1 a (new)
Paragraph 25 – indent 1 a (new)
Amendment 419 #
2015/2005(INI)
Motion for a resolution
Paragraph 25 – indent 1 a (new)
Paragraph 25 – indent 1 a (new)
- the revision of the safety and control systems for persons and goods, in view of the terrorist threat and in accordance with the new European Agenda on Security,
Amendment 459 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 1
Paragraph 26 – indent 1
– national policy frameworks aimed at the development of the market as regards alternative fuels (natural gas, hydrogen, sustainable biofuels, including molasses-based ethanol) and electric cars, and the deployment of the relevant refuelling/recharging infrastructure;
Amendment 559 #
2015/2005(INI)
Motion for a resolution
Paragraph 27 – indent 4
Paragraph 27 – indent 4
– revitalisation of local and regional trans- border raiinvestment in trans-border rail connections as a fundamental element of the internal market, including local and regional connections, that have been dismantled or abandoned;
Amendment 576 #
2015/2005(INI)
Motion for a resolution
Paragraph 28 – indent 1 a (new)
Paragraph 28 – indent 1 a (new)
- a harmonised framework for access to the port services market that contributes to strengthening competition in maritime transport, improving service quality, creating better conditions for exporting industries and creating qualified work,
Amendment 600 #
2015/2005(INI)
Motion for a resolution
Paragraph 28 – indent 5
Paragraph 28 – indent 5
– actions supporting the deployment of alternative fuels infrastructure in sea ports, including the use of shore-side electricity and liquefied natural gas refuelling points,
Amendment 19 #
2015/0310(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The European Border and Coast Guard and the European Border and Coast Guard Agency should fulfil their tasks in full compliance with the United Nations Convention on the Law of the Sea, the International Convention on Maritime Search and Rescue and the International Convention for the Safety of Life at Sea ("SOLAS"); regulation 33 of Chapter V of SOLAS provides that the master of a ship at sea which is in a position to be able to provide assistance, on receiving information from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so.
Amendment 29 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point q
Article 7 – paragraph 1 – point q
(q) cooperate with the European Fisheries Control Agency and the European Maritime Safety Agency to support the national authorities carrying out coast guard functions by providing services, information, equipment and training, as well as by coordinating multipurpose operations. Together with the European Maritime Safety Agency, the Agency will be able to launch joint surveillance operations, by jointly operating Remotely Piloted Aircraft Systems (drones);
Amendment 36 #
2015/0310(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. While performing their tasks and exercising their powers, members of the teams shall comply with Union and international law, and shall observe fundamental rights and the national law of the host Member State. In this regard, special attention shall be paid to the powers of the pilot in command and the extension of criminal law by the country of registration of the aircraft under international aviation law (in particular the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963; "Tokyo Convention").
Amendment 47 #
2015/0310(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Commission may adopt, in the form of a recommendation, a practical handbook on European cooperation on coast guard functions, containing guidelines, recommendations and best practices for the exchange of information and cooperation at national, Union and international level. This practical handbook shall include a report on the work of coast guard authorities of non-EU countries, highlighting best practices in the exchange of information between agencies.
Amendment 622 #
2015/0277(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point g a (new)
Article 44 – paragraph 1 – point g a (new)
(ga) the conditions to be met by air traffic controllers in regard to duty time limitations and rest requirements; said conditions shall produce a high level of safety by protecting against the effects of tiredness while, at the same time, allowing sufficient flexibility for scheduling;
Amendment 5 #
2014/2256(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 4, 26, 34, 114, 118 and 11867 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 12 #
2014/2256(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 16 #
2014/2256(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 18 #
2014/2256(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of the 20th October 2005,
Amendment 27 #
2014/2256(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 37 #
2014/2256(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Green Paper of the Commission on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011)427)),
Amendment 40 #
2014/2256(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
- having regard to its resolution of 11 September 2012 on the online distribution of audiovisual works in the European Union (2011/2313(INI)),
Amendment 65 #
2014/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developments, while providing for a high level of protection of intellectual property to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 93 #
2014/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, the freedom of the arts and scientific research, the right to education and, the freedom to conduct a business, the right to property and the protection of intellectual property;
Amendment 100 #
2014/2256(INI)
Motion for a resolution
Recital D
Recital D
Amendment 111 #
2014/2256(INI)
Motion for a resolution
Recital E
Recital E
Amendment 118 #
2014/2256(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas measures that contribute to the further development of cultural interchange and improve legal certainty in the sector need to be considered;
Amendment 124 #
2014/2256(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 and the Directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain related rights harmonised the terms of protection of copyright and neighbouring rights by establishing a complete harmonisation of the period of protection for each type of work and each related right in the Member States;
Amendment 147 #
2014/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11 all relevant stakeholders; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 154 #
2014/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that the vast majority of end-user respondents report facing problems when trying to access online services across the Member States, particularly where technological protection measures are used to enforce territorial restrictioninterest the diversity of uses that technological development offers to consumers which may require further assessment to put forward measures for improving the flexibility of the current legal framework to respond to sustainable and actual demand on online content available across Member States;
Amendment 163 #
2014/2256(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasizes that any reform of the copyright framework needs to find the right balance between user access and fair remuneration for creators and other rightholders and should take as a basis a high level of protection, and develop an evidence-based approach taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 195 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remunerfair compensation for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 214 #
2014/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 243 #
2014/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 256 #
2014/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 271 #
2014/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 297 #
2014/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment should be enjoyed without any unequal treatment as compared withand considers that the rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the exceptions and limitations is sought so as to consider how thoese granted in the analogue worldcan serve the public in the digital age;
Amendment 317 #
2014/2256(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects onNotes the importance of European cultural diversity, which provides opportunities rather than obstacles to the Single Market, and notes that the possible differences in the implementation of exceptions may be handled on a case-by- case basis and market driven solutions , to avoid legal uncertainty and to protect the functioning of the digital single market, in view of the development of cross-border activities;
Amendment 343 #
2014/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatoryensure the proper implementation of all the exceptions and limitations referred to in Directive 2001/29/EC, to allowand to provide all necessary information to promote an equal access to cultural diversity across borders within the internal market and to improve legal certainty, while ensuring respect for the principle of subsidiarity, cultural diversity and evidence of clear cross-border impact;
Amendment 361 #
2014/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge;
Amendment 375 #
2014/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. CRecalls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that dothat the exceptions and limitations should not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder, while keeping the interpretation of exceptions and limitations on the level of Member States to permit the adaptation of the copyright system to different national circumstances and social needs;
Amendment 392 #
2014/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its swhile serving the public interest by fostering incentives to create, finance and distribute new works and to make those works available to the public in new, innovative and compelling ways;
Amendment 407 #
2014/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. StressNotes that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12 ; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesge and underlines that any further legislation must accurately reflect the existing definitions and principles set in the European case law stating that when the hyperlink allows the recipients to circumvent the restrictions on access to the protected work so that can access the protected work which was otherwise unavailable to them, then this constitutes a communication to a new public and it is subject to exclusive ricghtshof).. __________________ 12
Amendment 422 #
2014/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls onInvites the EU legislator to ensurrecognise that the use of photographs, video footage or other images of works which are permanently located in public places is permitted; shall considered to be in the public domain, where that use is for a non-commercial purpose or scale.
Amendment 439 #
2014/2256(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche should apply regardless of the purposemust be kept to strike a fair balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying ofn the parodic use; exception for parody, and to avoid uncontrolled abuse12 a ; __________________ 12 a Order of the Court of Justice of 3 September 2014 in Case C-201/13 (J. Deckmyn)
Amendment 443 #
2014/2256(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. StreInvites the Commission to assess the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposeswhether data analysis activities could be covered by the exception for scientific research contained in Article 5.3.a) of the current Directive, which provides for an exception to the right of reproduction (Article 2) when the protected work is used, and whether it enables automated analytical techniques for text and data, provided that permission to read the work has been acquired;
Amendment 469 #
2014/2256(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but any kind oflso educational or research activity, including non-formal educationies linked to an educational establishment or institution recognised by national authorities or legislation or within the purview of an educational programme;
Amendment 478 #
2014/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of accesRecognizes the importance of libraries for access to knowledge and encourages the rightholders to identify appropriate market-based solutions to enable libraries to realise their potential in the digital environment while respecting the interests of all stakeholders included consumers;
Amendment 495 #
2014/2256(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for thInvites the Commission to analyse the necessity of measures, if any, to be implemented by Member States so as to provide compensation tof rightholders for the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 517 #
2014/2256(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for Notes that further adoption of harmonised criteria for defining the harm caused tonalysis is necessary on the viability of measures to the fair compensation of rightholders in respect of reproductions made by a natural persons for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13 ; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.in particular in regard to more transparency and better optimalisation for the existing measures as digital levies to safeguard rightholder and consumer rights;
Amendment 548 #
2014/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 1 #
2014/2241(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Commission Communication entitled ‘A European Strategy for more Growth and Jobs in Coastal and Maritime Tourism’ (COM(2014)0086),
Amendment 17 #
2014/2241(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. The Union is a maritime continent, and Coastal and Maritime Tourism is the largest maritime activity in Europe. This represents more than a third of the maritime economy, directly affecting many other sectors of the EU economy and employing 3.2 million people, most between the ages of 16 and 35. It should also be noted that this sector has been a lever for growth and job creation, particularly in the Atlantic and Mediterranean regions;
Amendment 91 #
2014/2241(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls in particular for the creation of a ‘Brand Destination Europe’ with the aim of complementing and enhancing the promotional activities of Member States, national tourism organisations and the European tourism industry for the benefit of the visibility of European tourism destinations at national, regional and local level, without interfering in the competences of Member States in accordance with Article 195 TFEU;
Amendment 120 #
2014/2241(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that public and private stakeholders should strengthen their efforts to develop new transnational European products and services, while taking full account of macro-regional strategies and maritime basins to promote domestic and international tourism;
Amendment 127 #
2014/2241(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the members of the ETC to support the existing mandate of the ETC for the purpose of assisting in the development and promotion of targeted transnational and pan-European tourism products, inter alia and services, together with Coastal and Maritime Tourism, by means of an advanced Visiteurope.com portal;
Amendment 136 #
2014/2241(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the increase in international competition, with the emergence of destinations outside Europe. For this reason, it is essential to create more cooperation between European destinations through tourism clusters and networks at local, regional, national and transnational level and within maritime basins;
Amendment 185 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Takes the view that training is an essential element to providing quality services in a sector that employs mostly young people aged between 16 and 35. Strongly encourages the Commission to work with private entities in the creation of training and internship programmes in low season, in order to make this sector more attractive and less seasonal;
Amendment 187 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognises the importance of this strategy for Coastal and Island Areas, in line with the strategy on Blue Growth and the EU2020, which presents a set of common responses to the many challenges they face;
Amendment 188 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Strongly encourages the Commission to present an Action Plan to accompany the 14 actions described, with concrete goals and timetables and to report to Parliament on the progress of the actions;
Amendment 189 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Calls on the European Commission to conduct an Annual Seminar with the participation of the Coastal and Marine Member States and the respective Regions to promote a pan-European dialogue, to facilitate the sharing of best practices and the implementation of a long-term strategy;
Amendment 190 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Recalls the importance of connectivity and accessibility, which differ in high and low season in the outermost regions and islands, which depend largely on sea and air transport. Also emphasizes the importance of creating regional plans that promote mobility within destinations. Asks the Commission that Action 12 also take into account the efficiency of state aid in coastal and maritime regions;
Amendment 191 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Strongly encourages the Commission, together with Member States and stakeholders in the nautical and maritime tourism sector, to assess the need to create intelligent and innovative strategies as a solution to combat seasonality, adapted both to the periods of high and low season, taking into account various audiences. Calls on stakeholders to make efforts in creating experiences, products and complementary services integrated with local products, particularly connected with maritime heritage and culture, water sports, recreational sailing, observation of marine life and nature, sun and beach- related activities, links with artisanal fishing, food and health;
Amendment 192 #
2014/2241(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Highlights the importance of Cruise Tourism for the growth of the Tourism sector in Europe. Therefore calls on the Commission together with the Member States to assess the forms and existing port and nautical infrastructure, as well as to standardise the sorting of waste and recycling, in order to create innovative planning actions for these areas by developing the concept of the Smart Port City;
Amendment 193 #
2014/2241(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Unlock the potential of Coastal and Marine Tourism;
Amendment 238 #
2014/2241(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that sensitive regions such as islands, coasts and mountai, mountains and the outermost regions often depend strongly on tourism business and are the first affected by climate change; is therefore convinced that climate protection should be more strongly integrated into European, national and regional tourism and transport policies;
Amendment 263 #
2014/2241(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Strongly encourages the European Commission to assess the possibility of making the European Tourism Indicators System (ETIS) a Union instrument to help tourism destinations to control, manage, evaluate and improve their performance in terms of sustainability;
Amendment 303 #
2014/2241(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes the view that consumers using sites must be correctly informed and not misled, and that companies need to take the necessary steps to protect consumers and hosts with regard to safety and security issues. Underlines the importance of a viable and transparent system of reviews;
Amendment 333 #
2014/2241(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. The tourism sector is mainly made up of Micro and SMEs. Therefore strongly encourages the Commission to translate the funding support guide into the 24 Union languages, since difficulty in access to finance is one of the barriers to the sector;
Amendment 336 #
2014/2241(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Strongly encourages the Commission to examine the possibility of creating a section dedicated exclusively to Tourism in the next multiannual financial framework, since it is one of the Union’s activities that has shown resilience over the past years of economic recession, and has generated jobs and created growth;
Amendment 347 #
2014/2241(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges the Member States to consider the development of access to high-speed broadband a priority for remote, outermost and mountainous areas;
Amendment 2 #
2014/2165(REG)
Paragraph 5
Amendment 7 #
2014/2165(REG)
Annex
Amendment 7 #
2013/2145(BUD)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Furthermore, recalls that there are EU Agencies such as the European Aviation Safety Agency (EASA) to which the legislator has assigned tasks that are fundamental for the functioning of the European Union and its industry; up to 80% of EASA´s budget and staff is financed by fees and charges paid by the aviation industry; requests, in this regard, that the Budgetary Authority take this into account and limit the budgetary and staff reductions to the part of the budget financed by the EU, thus allowing EU Agencies such as the EASA to recruit the necessary human resources to be able to carry out the tasks requested and paid for by the industry;
Amendment 34 #
2013/0344(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Without prejudice to the application of the global market-based measure starting in 2020, flights to and from the outermost regions should be exempt for the period 2014-2020.
Amendment 40 #
2013/0344(COD)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/87/EC
Article 28 a – paragraph 1 – point a b (new)
Article 28 a – paragraph 1 – point a b (new)
(ab) all emissions from flights to and from the outermost regions until 2020;
Amendment 102 #
2013/0246(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Level of harmonisation This Directive shall not preclude Member States from maintaining or introducing more stringent provisions in order to protect consumers, provided that such provisions are consistent with their obligations under Union law.
Amendment 116 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 1 – point c
Article 3 – point 1 – point c
c) car rental orrental of cars or other vehicles or of other means of transport
Amendment 117 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 1 – point d
Article 3 – point 1 – point d
d) any other tourist service not ancillary to carriage of passengers, accommodation or car rental;rental of cars or other vehicles or of other means of transport.
Amendment 132 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 5 – point b
Article 3 – point 5 – point b
(b) through the procurement of additional travel services from another trader in a targeted manner, through linked online booking processes in which the traveller’s name, details and credit card data required for the payment of the booking are transferred from one trader to another at the latest when the booking of the first service is confirmed;
Amendment 140 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a – point iii
Article 4 – paragraph 1 – point a – point iii
iii) the location, main features and tourist category of the accommodation; conferred by the competent body in the place where the accommodation is located.
Amendment 144 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance, the fact that the traveller may have to bear such additional costs and the nature of such costs;
Amendment 148 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
f) general information on passport and visa requirements, as well as any other formalities or requirements concerning identification and movement that may be applicable to travellers, including approximate periods for obtaining visas, for nationals of the Member State(s) concerned and information on health formalities;
Amendment 150 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Where insurance linked to travel is offered the traveller shall be informed in all cases of the risk covered and that taking out such insurance is voluntary.
Amendment 155 #
2013/0246(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States may maintain or introduce in their national law language requirements regarding contractual information so as to ensure that such information is easily understood by the consumer.
Amendment 158 #
2013/0246(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b – point iii
Article 6 – paragraph 2 – point b – point iii
iii) obliged, together with the retailer, to procure insolvency protection for refund and repatriation in accordance with Article 15, as well as the name of the entity providing the insolvency protection and its contact details, including its geographical address;
Amendment 160 #
2013/0246(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
c) the details of athe retailer's contact point where the traveller can complain about any lack of conformity which he perceives on the spot, giving the retailer's name, geographical address, telephone number, fax number and e-mail address, so that the consumer may contact him quickly and communicate with him efficiently;
Amendment 168 #
2013/0246(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. Those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser. The transferee organiser shall be responsible for providing proof of the charges or additional costs caused by the transfer of the contract.
Amendment 175 #
2013/0246(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the packag, showing the costs at the time the contract was taken out, at the latest 20 days prior to the start of the package. The organiser shall be responsible for providing proof of the grounds for the price increase.
Amendment 180 #
2013/0246(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services for reasons beyond his control, as defined in point (a) of Article 4 or special requirements as referred to in point (a) of Article 6(2), the organiser shall without undue delay inform the traveller in a clear and prominentcomprehensible manner on a durable medium of:
Amendment 188 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package or on account of family or personal circumstances.
Amendment 200 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser is responsible for the performance of the travel services included in the contract, irrespective of whether those services are to be performed by the organiser or by other service providers. with organisers, retailers and carriers taking responsibility for those parts respectively of the package that they manage and for the proper fulfilment of their obligations under the contract, irrespective of whether those services are to be performed by the organiser or by other service providers, and without prejudice to the right of organisers and retailers to institute proceedings against said service providers. Joint and several liability in regard to the consumer shall be assumed by all operators involved in performing the contract, irrespective of their number and whether they are organisers or retailers and irrespective of their class and the relationships existing between them, without prejudice to the right of recourse of the party held accountable to the consumer and to whom the performance or substandard performance of the contract can be attributed on account of the part of the package managed respectively by said party.
Amendment 202 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If any of the services are not performed in accordance with the contract, the organiser and, where applicable on account of the parts they manage respectively, the retailer or the carrier shall remedy the lack of conformity, unless this is disproportionate.
Amendment 227 #
2013/0246(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers and retailers facilitating the procurement of packages and assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of insolvency.
Amendment 229 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
ga) the possibility of cancelling the contract, the deadlines for this and, where applicable, the penalty set for doing so.
Amendment 231 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g b (new)
Article 4 – paragraph 1 – point g b (new)
gb) the possibility of transferring the package travel contract to another traveller, and possible limitations on, and consequences of, that transfer.
Amendment 233 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point g c (new)
Article 4 – paragraph 1 – point g c (new)
gc) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism to which the operator is subject and the methods for having access to this.
Amendment 233 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall recognise as meeting the requirements of their national rules transposing Article 15 any insolvency protection obtained by an organiser or a retailer facilitating the procurement of packages and assisted travel arrangements under the rules of its Member State of establishment transposing Article 15.
Amendment 237 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retailers facilitating the procurement of packages and assisted travel arrangements operating in different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission.
Amendment 239 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory. They shall grant each other access to any inventory listing organisers and retailers facilitating the procurement of packages and assisted travel arrangements which are in compliance with their insolvency protection obligations.
Amendment 242 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. If a Member State has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of packages and assisted travel arrangements which is established in a different Member State and is operating on its territory, it shall seek clarification from the Member State of establishment. Member States shall respond to requests from other Member States at the latest within 15 working days of receiving them.
Amendment 251 #
2013/0246(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances.
Amendment 306 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and, or personal or family circumstances, when these significantly affecting the package.
Amendment 314 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser is and retailers aresponsible for the performance of the travel services included in accountable, each in their respective areas of management of the travel package, for ensuring that the obligations under theat contract are fulfilled, irrespective of whether those services in question are to be performed by the organiser or by other service providers, and without prejudice to the right of organisers and retailers to take action against service providers.
Amendment 318 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 (new)
Article 11 – paragraph 1 – subparagraph 1 (new)
All operators which are joint parties to the contract – be they organisers or retailers – shall have joint responsibility in respect of consumers, regardless of what kind of undertaking they are and of the relationship between them, and this without prejudice to the right of recourse of the entity responsible vis-à-vis consumers against the entity not fulfilling or not correctly performing the contract in its respective area of management of the travel package.
Amendment 320 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If any of the services are not performed in accordance with the contract, the organiser or, where relevant, the retailer, each in its respective area of management of the contract, shall remedy the lack of conformity, unless this is disproportionate.
Amendment 324 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a significant proportion of the services representing at least 20% of the total contract price or constituting an essential feature of the trip or holiday cannot be provided as agreed in the contract, the organiser shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, including where the traveller's return to the place of departure is not provided as agreed.
Amendment 334 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. As long as it is impossible to ensure the traveller's timely return because of unavoidable and extraordinary circumstances, the organiser shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per traveller, jointly with the retailer where relevant, shall bear a proportion of the daily cost for the continued stay for each of the days covered by the travel package contract.
Amendment 142 #
2013/0186(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Ministerial StatementArrangements for closer cooperation over the use onf Gibraltar Aairport, were agreed in Córdoba on 18 September 2006 (London on 2 December 1987 by the MKinisterial Statement), during the first Migdom of Spain and the Unisterial meeting of the Forum of Dialogue on Gibraltar, will replace the Jd Kingdom in a joint Ddeclaration onby the Airport made in London on 2 December 1987, and the full compliance with that Statement will be deemed to constitute compliance with the 1987 DeclarationMinisters of Foreign Affairs of the two countries. The arrangements have not yet been applied.
Amendment 143 #
2013/0186(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 147 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. The application of this Regulation to the airport of Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland with regard to the disputecontroversy over sovereignty over the territory in which the airport is situated.
Amendment 148 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. The application of this Regulation to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 are applied. The Governments of Spain and the United Kingdom shall inform the Council of the date from which they will apply.
Amendment 106 #
2013/0157(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Facilitating access to the port services market at Union level and introducing the financial transparency and autonomy of seaports will improve the quality and efficiency of service provided to users of the port and contribute to a climate more favourable to investments in ports, and thereby help reduce costs for transport users and contribute to promoting short sea shipping and a better integration of maritime transport with rail, inland waterway and road transport.
Amendment 108 #
2013/0157(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should apply to the ports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 108 #
2013/0157(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ports can contribute to the long term competitiveness of European industries in world markets while adding value and jobs in all EU coastal regions. In order to address the challenges facing the maritime transport sector, such as the inefficiencies in the sustainable transport and logistics chain, it is essential that the actions set out in the Commission communication entitled 'Ports: an engine for growth' be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays in ports, represents a major obstacle to the competitiveness of short-sea shipping and the efficiency of Union ports.
Amendment 118 #
2013/0157(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should only apply to the seaports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. However, this Regulation should give Member States the possibility to decide whether to apply or not this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions. Member States may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans-European transport network whose annual traffic does not justify the full application of this Regulation. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 123 #
2013/0157(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained
Amendment 127 #
2013/0157(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The objective of Article 56 of the Treaty on the Functioning of the European Union is to eliminate restrictions on freedom to provide services in the Union. In accordance with Article 58 of the Treaty on the Functioning of the European Union should be achieved within the framework offreedom to provide services in the field of transport is governed by the provisions of the Title relating to transport, more specifically Article 100 (2).
Amendment 153 #
2013/0157(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The selection procedure for selecting providers of port service in the cass where the number of those providers is limited should follow the principles and approach determined in Directive ../../… [concession]7 , including the threbe made public and should and method for determining the value of the contracts as well as the definition of substantial modifications and the elements related to the duration of the contract. __________________ 7 Proposal for a Directive on the award of concession contracts (COM 2011) 897 finalbe non-discriminatory, transparent and open to all interested parties.
Amendment 162 #
2013/0157(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The managing body of the port or competent authorities designated in a Member State should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator. In the case that a competent authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority. When such limitation is applied in all the TEN-T seaports in the territory of a Member State, the Commission should be informed. In the cases where the competent authorities in a Member State prevail on such a choiceor the managing body of the port in a Member State provide a port service under public service obligations, the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated. Moreover, in such cases, the port service charges applied by such an operator should be subject to supervision by the independent supervisory body.
Amendment 180 #
2013/0157(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to be efficient, tThe port infrastructure charges of each individual port should be set in a transparent andway guaranteeing a certain degree of autonomous way in accordance with that port's own commercial and investment strategy.
Amendment 180 #
2013/0157(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) The European port sector is facing certain challenges that can impact both its competitiveness and social dimension. These challenges are: the ever increasing size of ships, the competition from non- EU ports, increasing market power as a result of alliances between shipping lines, the need to timely negotiate new working patterns and provide adequate training for technological innovation and minimise its social impact, the growing volumes which are more and more clustered, the lack of adequate investments on hinterland infrastructures, the removal of administrative barriers to the internal market, the changing energy landscape and the growing societal and environmental pressure. The Member States, together with the social partners, should address these challenges with the aim to safeguard both the competitiveness of the sector and the good working conditions in ports.
Amendment 182 #
2013/0157(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 197 #
2013/0157(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shippreinforce the Union-wide coherence of environmental charging, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, and fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When adopting such delegated acts, the Commission should take into account the Environmental Ship Index (ESI) and the progress made by the World Ports Climate Initiative (WPCI). These classifications should serve only as a basis for allowing variations of port infrastructure charges and should not affect the competence of the managing body of a port to set the level of the port infrastructure charges, in accordance with the applicable rules. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 204 #
2013/0157(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to be efficient, the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with national port's policy and/or that port's own commercial and investment strategy.
Amendment 225 #
2013/0157(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shippreinforce the Union-wide coherence of environmental charging, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, fuels and types of opinternations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert leval classifications of vessels and fuels. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 227 #
2013/0157(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 245 #
Amendment 263 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States have the possibility to decide not to apply this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions as referred to in Article 349 TFEU. When Member States decide not to apply this Regulation to such maritime ports, they shall notify their decision to the Commission.
Amendment 264 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Regulation is without prejudice to the principle of freedom to provide services as foreseen in the Articles 56 and 58 of the TFEU.
Amendment 333 #
2013/0157(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. ProvidThe terms of port services shall havethe market access to essential port facilities to the extent necessary for them to carry out their activities. The terms, installations and equipment of the accessport shall be fair, reasonable and non- discriminatory.
Amendment 350 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the availability of the port service to all users;
Amendment 355 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 377 #
2013/0157(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 394 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the characteristics of the traffic do not enable multiple providers of port services to operate in economically satisfactory conditions in the port.
Amendment 415 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment planby the competent authority reflecting competitive conditions of the relevant market and in accordance with State aid rules.
Amendment 418 #
2013/0157(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When a managing body of a port or a competent authority provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State may entrust the adoption of the decision limitingshall take necessary measures to avoid conflicts of interest. In the absence of such measures, the number of providers of port serviceshall not be less to han authority which is independent from the managing body of the port. If the Member State does not entrust the adoption of the decision limiting the number of providers of port services to such an authority, the number of providers shall not be less than twotwo, unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider.
Amendment 428 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. AnyIn the case of limitation of the number of providers for a port service in accordance with Article 6 shall follow a selection procedure, the managing body of the port or the competent authority shall follow a procedure to choose providers of port services which shall be open to all interested parties, non- discriminatory and transparent.
Amendment 431 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The selection procedure shall fulfil the following conditions:
Amendment 432 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point a (new)
Article 7 – paragraph 1 a (new) – point a (new)
(a) A port service contract notice, containing at least information on the port service to be provided, the award criteria, indications of how the relevant document can be accessed and the address and the time limit for the submission of tenders, shall be published in the Official Journal of the European Union;
Amendment 433 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point b (new)
Article 7 – paragraph 1 a (new) – point b (new)
(b) The minimum time limit for receipt of tenders shall be 30 days from publication of the notice;
Amendment 434 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point c (new)
Article 7 – paragraph 1 a (new) – point c (new)
(c) All technical and functional requirements shall be communicated to interested parties;
Amendment 435 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point d (new)
Article 7 – paragraph 1 a (new) – point d (new)
(d) The award criteria shall not confer an unrestricted freedom of choice on the managing body of the port or the competent authority;
Amendment 436 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point e (new)
Article 7 – paragraph 1 a (new) – point e (new)
(e) The duration of the port service contract shall be limited on the basis of the nature of the purpose of and the investments necessary for the services to which the contract relates.
Amendment 437 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 439 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 440 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 442 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. For the purposes of this Regulation, a substantial modification within the meaning of Directive …./… [concession] of the provisions of a port service contract during its term shall be considered as the conclusion of a new port service contract and shall require a new procedure as referred to in paragraph 2. This covers cases when the modification renders the contract materially different in character from the one initially concluded, including when the scope of the port service contract is considerably extended.
Amendment 445 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Paragraphs 1 to, 1a and 5 of this Article shall not apply in the cases referred to in Article 9.
Amendment 470 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9. Collective actions complying with the national legislation of their respective Member State are not considered to be disruptions of port services for which emergency measures can be taken.
Amendment 497 #
2013/0157(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. TIn the cases provided for in Article 6(1)(b), the internal operator shall be confined to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributed to him.
Amendment 528 #
2013/0157(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 528 #
2013/0157(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 566 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Member States will have the possibility to decide that paragraph 2 shall not apply to their ports of the comprehensive network that do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, seeing that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. In that case, the Member States shall inform the Commission accordingly in advance.
Amendment 578 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levyMember States shall ensure that a port infrastructure charge is levied. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 583 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be deftermined in an autonomous way by the managing body of the port according to its ownaccording to its national ports policy and/or the individual port’s commercial strategy and investment plan reflecting competitive conditions of theand comply with competition reulevant market and in accordance with State aid rus, where applicables.
Amendment 607 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall be empowered to adopt, where necessary, delegated acts in accordance with the procedure referred to in Article 21 concerning common international classifications of vessels, fuels and types of operation and fuels according to which the infrastructure charges can vary and common charging principles for port infrastructure chargesin line with the International Maritime Organization.
Amendment 611 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of the port shall, upon request, make available to the competent independent supervisory bodybody designated pursuant to Article 17 and to the Commission, upon request, the information referred to in paragraph 4 and the detailed costs and revenues, serving as a basis to determine the structure and, the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to.
Amendment 678 #
2013/0157(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 205 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point i
Article 2 a (new) – point i
Directive 2013/34/EU
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
(i) In Article 42, the following paragraph is added:: 2a. When the publication of certain types of information required under Article 42(1) infringes the rules applicable in a third country, the Commission may, at the request of the undertaking, take the necessary steps to obtain the authorization of the third country for publication of this information or, failing that, accord the undertaking a provisional exemption. The undertaking's application must be accompanied by documentation proving the existence of serious legal and commercial risks for the undertaking or its employees.
Amendment 18 #
2013/0092(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The amounts to be committed for the funding of pollution response should cover the period from 1 January 2014 to 31 December 2020, in line with the new multiannual financial framework. A financial envelope covering the same period should thereforeIt is therefore necessary to allocate more resources to the agency to take account of its new tasks, but this must be done with due heed to the current economic context, in which the new multiannual financial framework is to be approvided.ed, an in a manner consistent with it
Amendment 28 #
2013/0092(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The financial envelope for the implementation of the tasks referred to in Article 3 for the period from 1 January 2014 to 31 December 2020 shall be EUR 16085 500 000 expressed in current prices.
Amendment 168 #
2013/0074(COD)
Proposal for a directive
Article 7 – paragraph 2 – point g a (new)
Article 7 – paragraph 2 – point g a (new)
(ga) areas and routes for tourist and sports activities.
Amendment 180 #
2013/0074(COD)
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(fa) tourism and related activities.
Amendment 537 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1
Article 6d – paragraph 1
Amendment 545 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1 a (new)
Article 6d – paragraph 1 a (new)
In Article 6d, the following paragraph shall be inserted: 1a. Passengers should be allowed to carry in the cabin essential personal items or belongings including airports shopping at no extra cost in addition to the prescribed cabin baggage allowance.
Amendment 182 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States and the Agency shall ensure, each in their respective fields of responsibilities, that railway safety is generally maintained and, where reasonably practicable, continuously improved, taking into consideration the development of Union legislation and technical and scientific progress and giving priority to the prevention of serious accidents. Member States and the Agency shall ensure that safety rules are laid down, applied and enforced in an open and non- discriminatory manner, fostering the development of a single European rail transport system.
Amendment 188 #
2013/0016(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Member States and the Agency shall ensure that the responsibility for the safe operation of the rail system and the control of risks associated with it is laid upon the infrastructure managers and railway undertakings, obliging them:
Amendment 254 #
2013/0016(COD)
Proposal for a directive
Article 10
Article 10
Amendment 328 #
2013/0016(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Amendment 333 #
2013/0016(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for single safety certificates shall be submitted to the Agency. The Agency shall take a decision on an application without delay and in any event not more than four months after all required information and any supplementary information requested by the Agency has been submitted. If the applicant is requested to submit supplementary information, such information shall be submitted promptlyFor the purpose of implementing the provisions on the single safety certificate, the Agency and the national safety authorities shall conclude cooperation agreements with national safety authorities in accordance with Article 69 of Regulation .../... [Agency Regulation]. These agreements could be specific or framework agreements, and involve one or more national safety authorities. These agreements shall contain a specified description of tasks and conditions for deliverables, the time-limits applying to their delivery, the apportioning of the fees paid by the applicant. They may also include specific cooperation arrangements in the case of networks requiring specific expertise due to geographical or historical reasons, including networks which are isolated from the rest of the Union, with a view to reducing administrative burden and costs to the applicant. These agreements shall be in place before the Agency is entitled to receive applications in accordance with this Directive, and in any case by three years following the date of entry into force of this Directive at the latest.
Amendment 336 #
2013/0016(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 338 #
2013/0016(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 352 #
2013/0016(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The national safety authority shall take a decision on an application for safety authorisation without delay and in any event not more than four months after all the information required and any supplementary information requested has been submitted. Negative decisions shall be duly justified. If the national safety authority has doubts concerning the fulfilment of one or more conditions it shall request more information from the railway undertaking within one month after the receipt of the application for a single safety certificate. Information requested shall be supplied within a reasonable period set by the National Safety Authority that shall not exceed one month, unless, in exceptional circumstances, the National Safety Authority agrees to, and authorises, a time-limited extension, which shall not exceed two additional weeks.
Amendment 364 #
2013/0016(COD)
Proposal for a directive
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Amendment 366 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Each Member State shall establish a safety authority. This authority shall be independent in its organisation, legal structure and decision making from any railway undertaking, infrastructure manager, and applicant and procurement entity. Provided that this independence is guaranteed, the authority may be a department in the ministry responsible for transport.
Amendment 370 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) authorising the placing in service of the trackside control-command and signalling, energy and infrastructure subsystems constituting the rail system in accordance with Article 18(2) of Directive XX on interoperability of the rail system;
Amendment 371 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point a a (new)
Article 16 – paragraph 2 – point a a (new)
(aa) verifying the elements regarding the placing on the market as set out in Article 20(1d)(b) of Directive XX on interoperability of the rail system in cooperation with the Agency;
Amendment 373 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point a b (new)
Article 16 – paragraph 2 – point a b (new)
(ab) Issuing vehicle authorisations for placing on the market according to Article 20(1g) of Directive XX on interoperability of the rail system;
Amendment 379 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point g a (new)
Article 16 – paragraph 2 – point g a (new)
(ga) supervising the infrastructure manager in accordance with Annex III to Regulation (EU) No 1169/2010 and with Regulation (EU) No 1077/2012;
Amendment 383 #
2013/0016(COD)
Proposal for a directive
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) all responsibilities allocated to the national safety authority as "competent authority" regarding the certification of drivers in accordance with Directive 2007/59 on the certification of train drivers operating locomotives and trains on the railway system in the Community;
Amendment 387 #
2013/0016(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 401 #
2013/0016(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall make provision that railway undertakings, and infrastructure managers and, where appropriate, the national safety authority, are obliged immediately to report accidents and incidents referred to in Article 19 to the investigating body. The investigating body shall be able to respond to such reports and make the necessary arrangements to start the investigation no later than one weekas soon as practicable after receipt of the report concerning the accident or incident.
Amendment 415 #
2013/0016(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Until [specific date to be inserted by OPOCE - two years after the date of entry into force], the national safety authorities shall continue to grant safety certificates in accordance with the provisions of Directive 2004/49/EC. Such safety certificates shall be valid until their date of expiry. Subject to the maturity of the operational and national safety rules, the arrangements mentioned in Article 11 between national safety authorities and the Agency may contain transitional provisions to allow national safety authorities to continue to be fully responsible of this particular part of the Safety Certificate.
Amendment 156 #
2013/0015(COD)
Proposal for a directive
Article 4 – paragraph 4 – point f
Article 4 – paragraph 4 – point f
(f) indicate the strategy for the application of the TSIs. In particular, it is necessary to specify the stages to be completed in order to make a gradual transition from the existing situation to the final situation in which compliance with the TSIs shall be the norm including setting deadlines for completion of those stages where necessary ;
Amendment 160 #
2013/0015(COD)
Proposal for a directive
Article 4 – paragraph 4 – point h
Article 4 – paragraph 4 – point h
Amendment 161 #
2013/0015(COD)
Proposal for a directive
Article 4 – paragraph 4 – point h a (new)
Article 4 – paragraph 4 – point h a (new)
(ha) classify the list of parameters into those related to paragraphs 1b (b), (c) or (d) in article 20.
Amendment 163 #
2013/0015(COD)
Proposal for a directive
Article 4 – paragraph 4 – point i
Article 4 – paragraph 4 – point i
(i) indicate the parameters to be checked by the railway undertaking and the procedures to be applied to check those parameters after the delivery of the vehicle authorisation for placing on the market and before the decision for placing in service to ensure the compatibility between vehicles and routes on which they are intended to be operated;
Amendment 177 #
2013/0015(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) for any proposed renewal, extension or upgrading of an existing subsystem or part of it , when the application of these TSIs would compromise the economic viability of the project. and/or the compatibility of the rail system in that Member State, such as in relation to the loading gauge, track gauge, space between tracks or electrification voltage;
Amendment 184 #
2013/0015(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In all cases referred to in paragraph 1, the Member State concerned shall submit to the Commission the request for non- application of the TSI, also specifying the alternative provisions that the Member State intends to apply instead of the TSIs. The Commission shall by means of implementing acts establish the content of the file which shall accompany the request of non-application of one or more TSIs or parts of them, the details, the format and the transmission modalities of that file. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3). The Commission shall check that file, analyse the alternative provisions that the Member State intends to apply instead of the TSIs, decide whether to accept or not the request of non-application of the TSI and inform the Member State of this decision. The Commission's decision shall not cover the loading gauge and the track gauge.
Amendment 196 #
2013/0015(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(aa) where the national rule(s) has not yet been notified by the date of entry into force of this Directive;
Amendment 198 #
2013/0015(COD)
Proposal for a directive
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Member States may lay down new national rules only in the following cases:cases referred to in Article 13 paragraph 3
Amendment 199 #
2013/0015(COD)
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
Amendment 201 #
2013/0015(COD)
Proposal for a directive
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
Amendment 209 #
2013/0015(COD)
Proposal for a directive
Article 14 – paragraph 8 – subparagraph 1
Article 14 – paragraph 8 – subparagraph 1
The Commission shall establish, by means of implementing acts, the classification of the notified national rules in different groups with the aim of facilitating the cross-acceptance in different Member States and the compatibility checks between fixed and mobile equipment , and in particular the classification into those related to paragraphs 1b (b), (c) or (d) in article 20. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
Amendment 221 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Each national safety authority shall authorise the placing in service of the energy and, infrastructure and trackside control-command and signalling subsystems which are located or operated in the territory of its Member State.
Amendment 227 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 233 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 3
Article 18 – paragraph 2 – subparagraph 3
Amendment 235 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 3 – point 1 (new)
Article 18 – paragraph 2 – subparagraph 3 – point 1 (new)
(1) National safety authorities shall provide detailed guidance on how to obtain the authorisations referred to this Article. An application guidance document describing and explaining the requirements for those authorisations and listing the required documents shall be made available to applicants free of charge. The Agency and the national safety authorities shall cooperate in disseminating such information.
Amendment 236 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. In order to authorise the placing in service of the subsystems referred to in paragraph 1, the national safety authority or the Agency, depending on which is the competent authority as set out in paragraph 2, shall obtain proof of:
Amendment 240 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1 (new)
Article 18 – paragraph 3 – subparagraph 1 (new)
Within one month of the receipt of the request of the applicant, the national safety authority shall inform the applicant that the file is complete or ask for relevant complementary information, setting a reasonable deadline.
Amendment 241 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 3 – point e a (new)
Article 18 – paragraph 3 – point e a (new)
(ea) The national safety authority shall verify the completeness, relevance and consistency of the file and issue the authorisation for placing in service of fixed installations, or inform the applicant of its negative decision, within a pre-determined, reasonable time, and in any case, within four months from receipt of all relevant information.
Amendment 244 #
2013/0015(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In the event of renewal or upgrading of existing subsystems, the applicant shall send to the national safety authority (for energy and infrastructure subsystems) or the Agency (for trackside control- command and signalling subsystems), a file describing the project. The national safety authority or the Agency shall examine this file and shall decide, on the basis of the criteria set out in paragraph 5, whether a new authorisation for placing in service is needed. The national safety authority and the Agency shall take theirits decisions within a pre-determined, reasonable time, and, in any case, within four months from receipt of all relevant information. from the applicant. Within one month from receipt of the information, the national safety authority shall indicate to the applicant whether the file is complete or not
Amendment 349 #
2013/0015(COD)
Proposal for a directive
Article 20
Article 20
1. A vehicle shall be placed on the market only after having received the vehicle authorisation for placing on the market issued by the Agency in accordance with paragraph 5. 2. The Agency shall issue decisions granting vehicle authorisations for placing on the market. Those authorisations attest the values of the parameters relevant for checking the technical compatibility between the vehicle and the fixed installations as set out in the TSIs. The vehicle authorisation for placing on the market shall also provide information about the vehicle's compliance with the relevant TSIs and sets of national rules, related to these parameters. 3. The vehicle authorisation for placing on the market may stipulate conditions for the use of the vehicle and other restrictions. 4. The vehicle authorisation for placing on the market shall be issued on the basis of a file of the vehicle or type of vehicle produced by the applicant and including the documentary evidence of: (a) the placing on the market of the mobile subsystems composing the vehicle according to Article 19; (b) the technical compatibility of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, national rules and registers; (c) the safe integration of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, national rules, and the common safety methods set out in Article 6 of Directive …/… [on the safety of the rail system within the Union]. 5. The Agency shall take the decisions referred to in paragraph 2 within a pre- determined, reasonable time, and, in any case, within four months from receipt of all relevant information. These authorisations shall be valid in all Member States. The Agency shall provide detailed guidance on how to obtain the vehicle authorisation for placing on the market. An application guidance document describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents shall be made available to applicants free of charge. The national safety authorities shall cooperate with the Agency in disseminating such information. 6. The Agency may issue vehicle authorisation for placing on the market for a series of vehicles. Those authorisations shall be valid in all Member States. 7. The applicant may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No …/… [establishing a European railway agency] against decisions of the Agency or its failure to act within the time limits referred to in paragraph 5. 8. In the event of renewal or upgrading of existing vehicles which already have a vehicle authorisation for placing on the market: (a) a new 'EC' declaration of verification shall be needed as set out in Article 15(4), and (b) a new vehicle authorisation for placing on the market shall be required if any changes are made to the values of the parameters included in the vehicle authorisation already granted. 9. At the request of the applicant, the vehicle authorisation for placing on the market may include a clear indication of the networks or lines or groups of networks or lines where the railway undertaking may place such a vehicle in service without further verifications, checks or tests concerning the technical compatibility between the vehicle and these networks or lines. In that case, the applicant shall include in its request the proof of the technical compatibility of the vehicle with the networks or lines concerned. This indication may be also added, at the request of the original or another applicant, after the relevant authorisation for placing on the market has been issued. The applicant shall place a vehicle on the market only after having received the vehicle authorisation for placing on the market issued by the Agency in accordance with paragraph 5 to 7 or by the national safety authority in accordance with paragraph 8. 2. In its application for a vehicle authorisation for placing on the market, the applicant shall specify the intended area of use of the vehicle, i.e. a network or networks within a Member State, or a group of Member States. The application shall include evidence that the technical compatibility between the vehicle and the network of the area of use has been checked. 3. The application shall be accompanied by a file concerning the vehicle or type of vehicle and including the documentary evidence of: (a) the placing on the market of the mobile subsystems composing the vehicle according to Article 19; (b) the technical compatibility of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, and where applicable, national rules; (c) the safe integration of the subsystems referred to in point (a) within the vehicle, established on the basis of the relevant TSIs, and where applicable, national rules, and the common safety methods set out in Article 6(3)(e) of Directive .../... [Railway Safety Directive]; (d) the technical compatibility of the vehicle with the network in the area of use referred to in paragraph 2, established on the basis of the relevant TSIs and, where applicable, national rules and the common safety method on risk assessment referred to in Article 6(3)(e) of Directive .../... [Railway Safety Directive]. (e) the safe integration of the vehicle with the network in the area of use referred to in paragraph 2, established on the basis of the relevant TSIs and, where applicable, national rules and the common safety method on risk assessment referred to in Article 6(3)(e) of Directive .../... [Railway Safety Directive]. Whenever tests are necessary in order to obtain documentary evidence of the technical compatibility referred to in paragraph 3 points (b) and (d), the national safety authorities involved may, issue temporary authorisations to the applicant to use the vehicle for practical verifications on the network. The infrastructure manager, in consultation with the applicant, shall make every effort to ensure that any tests take place within three months of the receipt of the applicant's request. Where appropriate, the national safety authority shall take measures to ensure that the tests take place. 4. The Agency or in the case of paragraph 8, the national safety authority shall issue vehicle authorisations for placing on the market within a pre‑ determined, reasonable time, and, in any case, within four months from receipt of all relevant information. These authorisations shall allow vehicles to be placed on the Union market. 5. The Agency shall issue vehicle authorisations for placing on the market in respect of vehicles having an area of use in one or more Member State(s). In order to issue such authorisations, the Agency shall: (a) assess the elements of the file set out in paragraphs 3(a), 3(b) and 3(c) in order to verify the completeness, relevance and consistency of the file in relation to the relevant TSIs; and (b) refer the applicant's file to the national safety authorities concerned by the intended area of use for assessment of the file in order to verify its completeness, relevance and consistency in relation to paragraphs 3 points (d) and (e) and to the elements set out in paragraphs 3 points (a), (b) and (c) in relation to the relevant national rules. As part of the above assessments and in case of justified doubts, the Agency or the national safety authorities may request tests to be conducted on the network. In order to facilitate these tests, the national safety authorities involved may issue temporary authorisations to the applicant to use the vehicle for tests on the network. The infrastructure manager shall make every effort to ensure that any such test takes place within three months from the request of the Agency or the national safety authority. 6. Within one month of the receipt of the request of the applicant, the Agency shall inform the applicant that the file is complete or ask for relevant complementary information, setting a reasonable deadline. With regard to the completeness, relevance and consistency of file, the Agency may also assess the elements set out in paragraph 3 point (d). The Agency shall take full account of the assessments under paragraph 5 before taking its decision on the issuance of the vehicle authorisation for placing on the market. The Agency shall issue the authorisation for placing on the market, or inform the applicant of its negative decision, within a pre-determined, reasonable time, and in any case, within four months from receipt of all relevant information. In the event of non-application of one or more TSIs or parts of them referred to in Article 7, the Agency shall issue the vehicle authorisation only after application of the procedure set out in that Article. The Agency shall take full responsibility for the authorisations it issues. 7. When the Agency disagrees with a negative assessment carried out by one or more national safety authorities pursuant to paragraph 5 point (b), it shall inform the said authority or authorities, giving reasons for the disagreement. The Agency and the national safety authority or authorities shall cooperate with a view to reaching a mutually acceptable assessment. Where necessary, as decided by the Agency and the national safety authority or authorities, this process shall also involve the applicant. If no mutually acceptable assessment can be found within one month after the Agency has informed the national safety authority or authorities of its disagreement, the Agency shall take its final decision unless the national safety authority or authorities have referred the matter for arbitration to the Board of Appeal established under Article 51 of Regulation (EU) No .../...[establishing a European railway agency]. The Committee shall decide whether to confirm the Agency's draft decision within one month of the request of the national safety authority or authorities. When the Board of Appeal agrees with the Agency, the Agency may take a decision without delay. When the Board of Appeal agrees with the negative assessment of the national safety authority, the Agency shall issue an authorisation with an area of use excluding the parts of the network which received a negative assessment. When the Agency disagrees with a positive assessment of one or more national safety authorities pursuant to paragraph 5 point (b), it shall inform the said authority or authorities, giving reasons for disagreement. The Agency and the national safety authority or authorities shall cooperate with a view to reaching a mutually acceptable assessment. Where necessary, as decided by the Agency and the national safety authority or authorities, this process shall also involve the applicant. If no mutually acceptable assessment can be found within one month after the Agency has informed the national safety authority and authorities of its disagreement, the Agency shall take its final decision. 8. Where the area of use is limited to a network or networks within one member State only, the national safety authority of that Member State may, under its own responsibility and when the applicant so requests, issue the vehicle authorisation for placing on the market. In order to issue such authorisations, the national safety authority shall assess the file in relation to the elements set out in paragraph 3 and according to the procedures to be established in the implementing act under paragraph 9. The authorisation shall also be valid without extension of the area of use for vehicles travelling to the stations of neighbouring Member States with similar network characteristics, when those stations are close to the border, following consultation of the relevant national safety authorities. This consultation may be on a case-by- case basis or set out in a cross-border agreement between national safety authorities. If the area of use is limited to the territory of one Member State and in the event of non-application of one or more TSIs or parts of them referred to in Article 7, the national safety authority shall issue the vehicle authorisation only after application of the procedure set out in that Article. The national safety authority shall take full responsibility for the authorisations it issues. 9. The Commission shall establish, not later than [two years] after the entry into force of this Directive, by means of implementing acts, detailed rules on the authorisation procedure, including: a) detailed guidance for the applicant describing and explaining the requirements for the vehicle authorisation for placing on the market and listing the required documents; b) procedural arrangements for the authorisation process, such as content and timeframes for each stage of the process; c) criteria for assessment of the applicants' files. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3). They shall take into account the experience gained during the implementation of the cooperation agreements between the Agency and the national safety authorities referred to in paragraph 14. 10. Vehicle authorisations for placing on the market shall state: (a) the area(s) of use; (b) the values of the parameters set out in the TSIs and, where applicable, in the national rules, as relevant for checking the technical compatibility between the vehicle and the area of use; (c) the vehicle's compliance with the relevant TSIs and sets of national rules, related to the parameters referred to under point (b); (d) the conditions for the use of the vehicle and other restrictions. 11. Any decision refusing the placing on the market of a vehicle shall be duly substantiated. The applicant may, within a period of one month from receipt of the negative decision, request that the Agency or the national safety authority, as appropriate, review the decision. The Agency or the national safety authority shall have two months from the date of receipt of the request for review to confirm or reverse its decision. If the negative decision of the Agency is confirmed, the applicant may bring an appeal before the Board of Appeal designated under Article 51 of Regulation (EU) No .../... [establishing a European railway agency]. If the negative decision of a national safety authority is confirmed, the applicant may bring an appeal to the appeal body designated by the competent Member State under Article 17(3) of Directive .../... [Railway Safety Directive]. Member States may designate the regulatory body set out in Article 56 of Directive 2012/34/EU [establishing a single European railway area] for the purpose of this appeal procedure. 12. In the event of renewal or upgrading of existing vehicles which already have a vehicle authorisation for placing on the market, a new vehicle authorisation for placing on the market shall be required if: (a) changes are made to the values of the parameters referred to in paragraph 10 (b), (b) the overall safety level of the vehicle concerned may be adversely affected by the works envisaged, or (c) it is required by the relevant TSIs. 13. Where the applicant wishes to extend the area of use of a vehicle already authorised, it shall complement the file with the relevant documents referred to in paragraph 3 concerning the additional area of use. The applicant shall submit the file to the Agency, which shall, after following the procedures in paragraphs 4 to 7, issue an updated authorisation covering the extended area of use. If the applicant received a vehicle authorisation in accordance with paragraph 8 and wishes to extend the area of use within that Member State, it shall complement the file with the relevant documents referred to in paragraph 3 concerning the additional area of use. It shall submit the file to the national safety authority which shall, after following the procedures in paragraphs 8, issue an updated authorisation covering the extended area of use. 14. For the purposes of paragraphs 5. and 1e., the Agency shall conclude cooperation agreements with national safety authorities in accordance with Article 69 of Regulation .../... [establishing a European railway agency]. These agreements could be specific or framework agreements, and involve one or more national safety authorities. These agreements shall contain a specified description of tasks and conditions for deliverables, the time-limits applying to their delivery, the apportioning of the fees paid by the applicant. They may also include specific cooperation arrangements in the case of networks requiring specific expertise due to geographical or historical reasons, with a view to reducing administrative burden and costs to the applicant. These agreements shall be in place before the Agency is entitled to receive applications in accordance with this Directive, and in any case by 18 months following the date of entry into force of this Directive at the latest.
Amendment 351 #
2013/0015(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Amendment 356 #
2013/0015(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 360 #
2013/0015(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Amendment 366 #
2013/0015(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 370 #
2013/0015(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 391 #
2013/0015(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Any vehicleThe national safety authority competent for the territory where the vehicle is first placed in service in the Union's rail system shall carryassign a European vehicle number (EVN) assigned by the national safety authority competent for the relevant territory before the first placing in service of the vehicle .t the latest by the date of commencement of operations
Amendment 406 #
2013/0015(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Each Member State shall publishensure that a register of infrastructure is published stating the values of the network parameters of each subsystem or part of subsystem concerned.
Amendment 409 #
2013/0015(COD)
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 419 #
2013/0015(COD)
Proposal for a directive
Article 51 – paragraph 3
Article 51 – paragraph 3
3. Vehicles authorised for placing in service pursuant to paragraphs 1 and 2, have to receive a vehicle authorisation for placing on the market in order to operate on one or more networks not covered by their authorisation. The placing in service on the market on these additional networks is subject to the provisions of Article 210 paragraph 1b(d) and (e).
Amendment 38 #
2013/0014(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Agency should contribute to the creation and effective functioning of a Single European railway area without frontiers and guaranteeing a high level of safety while improving the competitive position of the railway sector. That should be attained by contributing, on technical matters, to the implementation of European Union legislation by enhancing the level of interoperability of railway systems and to developing a common approach to safety on the European railway system. The Agency should also perform the role of European authority responsible for issuing, at Union level, authorisations for placing on the market for railway vehicles on the market and for types of vehicles, safety certificates for railway undertakings and authorisations for placing in service of trackside control-command and signalling sub-systemslocated or operated throughout the Union. Moreover, it should monitor national railway rules and the performance of national authorities acting in the railway interoperability and safety fields.
Amendment 56 #
2013/0014(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the importance of the European Rail Traffic Management System (ERTMS) for the smooth development of the Single European railway area and its safety, and taking into account its fragmented development to date, it is necessary to strengthen its s overall coordination at the Union level. Therefore the Agency, as the most competent Union body, should be given a more prominent role in this field to ensure consistent development of the ERTMS, to contribute to ensuring that ERTMS equipment complies with the specifications in force and to ensure that ERTMS-related European research programmes are coordinated with the development of ERTMS technical specifications. Moreover, in order to make the procedures for issuing authorisations for placing in servicIn this context, in the case of trackside control- command and signalling sub-systems more efficient and impartial, it is essential to migrate towards a single authorisation valid involving ETCS and/or GSMR equipment, the national safety authority should consult the Agency in order to ensure coherent development of ERTMS in the Union. The Agency should issue an opinion to the relevant national safety authority regarding the Union and issued by the Agencytechnical and operational compatibility of the subsystem with the vehicles intended to operate. The revised Directive …... [Railway Interoperability Directive] provides a basis for this.
Amendment 88 #
2013/0014(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to properly determine the level of fees and charges which the Agency is entitled to levy, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of articles dealing with issuing and renewal of authorisations for placing in service of trackside control- command and signalling subsystems, authorisations for placing on the market for vehicles and for types of vehicles, and safety certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 176 #
2013/0014(COD)
Proposal for a regulation
Article 18
Article 18
Authorisations for placing in service of trackside control-command and signalling The Agency shall issue authorisations for placing in service of the trackside control- command and signallingrticle 18 deleted sub-systems located or operated in the entire Union in accordance with Article 18 of Directive … [the Interoperability Directive].
Amendment 229 #
2013/0014(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 382 #
2013/0014(COD)
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The agreements described in paragraphs 1, 2 and 3 arshall clearly specify the levels of responsibility of the Agency and the national safety authorities in respect of tasks carried out by each party as stipulated in the agreements. This shall be without prejudice to the overall responsibility of the Agency for performing its tasks as provided for in Articles 12, 16, 17 and 18.
Amendment 108 #
2013/0012(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Electricity is a clean fuel particularly attractive for deployment of electric vehicles and electric two-wheelers in urban agglomerations which can contribute to improving air quality and reducing noise. Member States should ensure that recharging points for electric vehicles are built up with sufficient coverage, at least twice the number of vehicles, and 10% of them publicly accessible, focussing in particular on urban agglomerations. Private owners of electric vehicles depend to a large extent on access to recharging points in collective parking lots, such as in appartment blocks, office and business locations. Regulatory provisions should be set up by public authorities, assisting citizens by ensuring that the appropriate infrastructure with sufficient electric vehicle recharging points is provided by the site developers and managers.
Amendment 110 #
2013/0012(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The rate at which electric vehicles are being sold needs to be taken into account when establishing how many recharging points need to be provided. Given the current fleet renewal rate and how difficult it is to come up with reliable forecasts for 2020, the situation with regard to recharging points for electric vehicles ought to be reviewed every two years on the basis of the fleet in circulation and projections for the following two years.
Amendment 116 #
2013/0012(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Electric vehicles could contribute to the stability of the electricity system by recharging their batteries from the grid at times of low general electricity demand and feeding power from the batteries back into the grid at times of high general electricity demand. Therefor. So as to exploit their potential based on the current state of the art with regard to battery production, private recharging points should not use intelligent metering systems, and twhich would only make the deployment of this technology more expensive. The price ofor electricity at a recharging point should be market based, so that flexible consumption (and storage) of electricity is promoted through dynamic pricing.
Amendment 117 #
2013/0012(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Infrastructure for alternative fuels must be established in a way that ensures compliance with energy and climate change targets, particularly as regards security of supply, price competitiveness and greenhouse gas reductions. The promotion of alternative fuels, and especially of electric and hybrid vehicles, must be such that it reduces dependence on foreign energy and leads to a cut in emissions given that electricity is generated from emission-free or low- emissions sources.
Amendment 179 #
2013/0012(COD)
Proposal for a directive
Article 2 – point 8
Article 2 – point 8
(8) ‘refuelling point for LNG’ means a provision of LNG, either through a physically established pump connected to through fixed or mobile installations (including vehicles and vessels) or through a movable LNG container.
Amendment 197 #
2013/0012(COD)
Proposal for a directive
Article 3 – paragraph 1 – indent 9
Article 3 – paragraph 1 – indent 9
– assessment of the need for LNG refuelling points in ports outsidewithin the TEN- T coreT network that are important for vessels not engaged in transport operations, in particular fishing vessels;
Amendment 217 #
2013/0012(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure every two years that a minimum number of recharging points for electric vehicles are put into place, at least the number given in the tabbasing this on calculations of the number of electric vehicles in Annex II, by 31 December 2020 at the latestcirculation and on estimates for sales in the following two years.
Amendment 287 #
2013/0012(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States on the territory of which exist already at the day of the entry into force of this Directivwhich decide to put in place hydrogen refuelling points shall ensure that a sufficient number of publically accessible refuelling points are available, with distances not exceeding 300 kmin line with national policy frameworks, to allow the circulation of hydrogen vehicles within the entire national territory by 31 December 20230 at the latest.
Amendment 323 #
2013/0012(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. All LNG refuelling points for maritime and inland waterway transport shall comply with the technical specifications set out in Annex III.3.1 by 31 December 2015 at the latestat the latest two years after the entry into force of this Directive.
Amendment 325 #
2013/0012(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. All publically accessible LNG refuelling points for motor vehicles shall comply with the technical specifications set out in Annex III.3.2 by 31 December 2015 at the latestat the latest two years after the entry into force of this Directive.
Amendment 374 #
2013/0012(COD)
Proposal for a directive
Annex III – point 1 – point 1.1
Annex III – point 1 – point 1.1
Alternate Current (AC) slownormal recharging points for electric vehicles shall be equipped, for interoperability purposes, with connectorsa socket-outlet (on the infrastructure side) of Type 2 as described in standard EN62196-2:2012 that shall comply with all specific safety requirements and, where required, additional safety features, such as a safety shutter. To that end, the standard EN62196-2:2012 shall be kept up to date.
Amendment 18 #
2012/2092(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that EU agencies' budget allocations are far from consisting in administrative expenditure alone, but instead contribute to achieving the Europe 2020 goals and EU objectives in general, while aiming at making savings at national level, as decided by the legislative authority; recalls thate importance of ensuring, within the Union, the highest level of safety in the field of transport security, which EASA, EMSA and ERA provide at EU level what was before handledand which was handled before by 27 national administrations;
Amendment 20 #
2012/2092(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recognises that the budget and staffing of the Union's agencies should be carefully considered against the scope and dimension of the tasks and responsibilities assigned to them, and that all agencies cannot be placed under the same budget envelope. The Union's agencies are not homogeneous and the risks they face and the potential liability attached to the execution of their tasks can differ widely;
Amendment 22 #
2012/2092(BUD)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Underlines that, taking into account the new tasks and responsibilities assigned to it by the legislator, to be implemented as of 2012 and 2013, the EASA should be regarded as an agency "with new tasks" and not "at cruising speed" as classified by the Commission;
Amendment 23 #
2012/2092(BUD)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Underlines the fact that the current budget and staffing proposals of the Commission for 2013 would result in a Union budget for the EASA, including assigned revenues, at the same level as in 2012 and a cut of all 12 new posts requested by the EASA, mainly for the implementation of the new tasks, plus a reduction of two existing posts; points out that nine of the 12 new posts are assigned to directly ensure the safety of air traffic and aerodromes within the Union.
Amendment 160 #
2012/2031(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Insists on a reconsideration of the issue of limiting the transport time of animals destined for slaughter to eight hours, with some exceptions based on geographic conditions, and the option of longer transport of some animal species confirmed by scientific research results, proviAcknowledges Written Declaration 49/2011 of the European Parliament supporting an eight-hour limit for animals to be slaughtered, but recognises that such a demand is not scientifically based; considers that animal welfare during transport to a large extent depends on proper vehicle facilities and on the good handling of animals, as documented in the EFSA opinion of December 2010; nevertheless, asks the European Commission and the Member States to lay down guidelines for best practices to improve the correct implementation of Regulation (EC) N° 1/2005 and to reinforce control mechanisms in ordedr that the rules ono guarantee animal welfare; are complied with; sks Member States to introduce adequate and proportionate sanctions on the infringements to the Regulation;
Amendment 90 #
2012/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'gross negligence’' means a manifest and wilful violation of the duty of care directlysevere serious disregard to the duty of care, or to an obvious risk and profound failure to take such care that is evidently required in the circumstances, causing foreseeable damage to a person or to a property, or which seriously lowers the level of aviation safety;
Amendment 132 #
2012/0361(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. EUpon request, each organisation certified or approved by a Member State shall report, where required, to the competent authority Member State, as referred to in Article 6(2), the result of the analysis performed in accordance with paragraph 1 and the actions required in accordance with paragraph 2 within 30 days.
Amendment 21 #
2012/0288(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks it is likely, there is a risk that greenhouse gas emissions linked to indirect land use change arcould be significant, and could negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.
Amendment 30 #
2012/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. Establishing progressively more ambitious mandatory targets for advanced biofuels will send a clear signal of support for them at Union level. In this context, only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be especially supported as part of the post 2020 renewable energy policy framework.
Amendment 41 #
2012/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops as set out in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011establish mandatory targets for advanced biofuels according to a timetable that will provide predictability and stability for investors.
Amendment 46 #
2012/0288(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 53 #
2012/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The Commission's impact assessment has shown that the estimated indirect land- use change emissions should be included in the reporting of gare, despite better understanding and recenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuelst scientific improvements, vulnerable to the deficiencies and limits of the maode from fels useds tocks that do not lead to addit give a specific value of emissionals demand for land, such as those from waste feedstocks, should be assigned a zero emissions factorrived from ILUC to the different types of crops. Therefore, the figures are not certain enough to be introduced in a piece of legislation.
Amendment 59 #
2012/0288(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively inperiodically review the lighst of adaptation to technical and scientific progress. To this end, and if warrvailable advantced by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to marketiofuels as laid down in Annex IX in order to take account of technical and scientific progress.
Amendment 62 #
2012/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Article 19(8) of Directive 2009/28/EC and Article 7d(8) of Directive 98/70/EC include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land-use change. These provisions are no longer adequate in their current form and need to be integratOther ILUC mitigation measures, such as the use of co-products, yield increases, manufacturing efficiencies and crop production on abandoned or unused land, should be assessed inby the approach laid out in this Directive to ensure that overall actions for minimising emission from indirect land-use change remain coherentCommission in view of incorporating them into the Directives in terms of a bonus like the one already set out in Annex IV part C point 7 of Directive 98/70/EC and in Annex V part C point 7 of Directive 2009/28/EC for biomass obtained from restored degraded land.
Amendment 67 #
2012/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.
Amendment 71 #
2012/0288(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4)advanced biofuels, the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.
Amendment 76 #
2012/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021.
Amendment 81 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 98/70/EC
Article 7a – paragraph 6
Article 7a – paragraph 6
Amendment 96 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Directive 98/70/EC
Article 7d – paragraph 6
Article 7d – paragraph 6
Amendment 99 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – subpoint c a (new)
Article 1 – point 3 – subpoint c a (new)
Directive 98/70/EC
Article 7d – paragraph 8a (new)
Article 7d – paragraph 8a (new)
(ca) the following paragraph 8a is inserted: "8a. The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning the establishment of detailed definitions, including technical specifications, required for the categories set out in point 9 of Part C of Annex IV".
Amendment 100 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – point c b (new)
Article 1 – point 3 – point c b (new)
Directive 98/70/EC
Article 7d – paragraph 8b (new)
Article 7d – paragraph 8b (new)
(cb) The following point 8b is added: "8b. No later than 31 December 2015, the Commission shall submit a legislative proposal to incorporate further ILUC mitigation measures such as use of co- products, yield increases, manufacturing efficiencies and crop production on abandoned land by means of a similar bonus to the one set out for biomass obtained from land under the conditions provided for in Annex IV part C point 8."
Amendment 103 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67), 7d(78a), 8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.
Amendment 106 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67), 7d(78), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision to revoke in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 109 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(67), 7d(78), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 110 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2009/28/EC
Article 2 – introductory part
Article 2 – introductory part
1a. A new point oa is inserted in Article 2: ‘(oa) “advanced biofuels” means biofuels produced from feedstocks that do not compete directly with food and feed crops. A non-exhaustive list of advanced biofuels is set out in Annex IX. The Commission shall be empowered to adopt delegated acts in accordance with Article 25b in order to adapt that list to scientific and technical progress.’
Amendment 113 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint b
Article 2 – point 2 – subpoint b
Directive 2009/28/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 118 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint i
Article 2 – point 2 – subpoint c – subpoint i
Directive 2009/28/EC
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
Amendment 123 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint ii
Article 2 – point 2 – subpoint c – subpoint ii
Directive 2009/28/EC
Article 3 – paragraph 4 – point d
Article 3 – paragraph 4 – point d
Amendment 133 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – subpoint c – subpoint iii
Article 2 – point 2 – subpoint c – subpoint iii
Directive 2009/28/EC
Article 3 – paragraph 4 – point e
Article 3 – paragraph 4 – point e
Amendment 156 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 7 – subpoint c
Article 2 – point 7 – subpoint c
Directive 2009/28/EC
Article 19 – paragraph 6
Article 19 – paragraph 6
Amendment 158 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 7 – point e a (new)
Article 2 – point 7 – point e a (new)
Directive 2009/28/EC
Article 19 – paragraph 8a (new)
Article 19 – paragraph 8a (new)
(ea) the following paragraph is inserted: ‘8a. The Commission shall be empowered to adopt delegated acts in accordance with Article 25(b) laying down the detailed definitions, including technical specifications, required for the categories set out in point 9 of Part C of Annex V.’
Amendment 159 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 7 – point e b (new)
Article 2 – point 7 – point e b (new)
Directive 2009/28/EC
Article 19 – paragraph 8b (new)
Article 19 – paragraph 8b (new)
(eb) the following paragraph is inserted: ‘8b. No later than 31 December 2015, the Commission shall submit a legislative proposal incorporating further indirect land-use change mitigation measures such as use of co-products, yield increases, manufacturing efficiencies, and crop production on abandoned land by means of a bonus similar to the one set out for biomass obtained from land under the conditions provided for in point 8 of part C of Annex V.’
Amendment 160 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 9
Article 2 – point 9
Directive 2009/28/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 164 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 2
Article 25b – paragraph 2
The delegation of power referred to in point oa of Article 3(4)(d)2, Article 5(5), the third subparagraph of Article 17(3)(c), and Articles 19(5), 19(6(7) and 19(7(8) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Directive].
Amendment 165 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 3
Article 25b – paragraph 3
The delegation of power referred to in point oa of Article 3(4)(d)2, Article 5(5), the third subparagraph of Article 17(3)(c), and Articles 19(5), 19(6(7) and 19(7(8) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. ItThe decision shall take effect on the day following theits publication of the decision in the Official Journal of the European Union or at a later date specified thereiin the text of the decision. It shall not affect the validity of any delegated acts already in force.
Amendment 166 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 5
Article 25b – paragraph 5
5. A delegated act adopted pursuant to point oa of Article 3(4)(d)2, Article 5(5), the third subparagraph of Article 17(3)(c), and Articles 19(5), 19(6(7) and 19(7(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. Thate period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 172 #
2012/0288(COD)
Proposal for a directive
Article 3
Article 3
The Commission shall, before 31 December 20178, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land- use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021 and a review of the effectiveness of the incentives provided for biofuels from non- land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC.
Amendment 176 #
2012/0288(COD)
Proposal for a directive
Annex II – point 1 – subpoint a
Annex II – point 1 – subpoint a
Directive 2009/28/EC
Annex V – Part C – point 7
Annex V – Part C – point 7
Amendment 180 #
2012/0288(COD)
Proposal for a directive
Annex II – paragraph 1 – point 2 – introductory part
Annex II – paragraph 1 – point 2 – introductory part
Directive 2009/28/EC
Annex VIII
Annex VIII
(2) The following Annex VIII is adddeleted:
Amendment 184 #
2012/0288(COD)
Proposal for a directive
Annex II
Annex II
Directive 2009/28/EC
Annex VIII – Part B – footnote 14
Annex VIII – Part B – footnote 14
Amendment 185 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – Part A – title
Annex IX – Part A – title
Amendment 196 #
2012/0288(COD)
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – Part B
Annex IX – Part B
Amendment 61 #
2012/0184(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Agricultural vehicles with a maximum design speed exceeding 40 km/h are more and more used to replace trucks in local transport activities. Their risk potential is comparable to that of trucks and therefore this vehicle category should be treated in the same way as trucks regarding roadworthiness testing. Given the special characteristics of these vehicles, it should be for the Member States to decide, depending on the way in which they are normally used, whether regular tests should be carried out on them.
Amendment 68 #
2012/0184(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) With regard to the authorisation of testing centres, Member States should bear in mind the fact that Directive 2006/123/EC on services in the internal market excludes from its scope services in the field of transport.
Amendment 82 #
2012/0184(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Odometer fraud is considered to affect between 5% and 12% of used cars sales, resulting in a very importanthigh cost to society of several billions Euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle. With a view to combating odometer fraud, the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampeCommission should consider whether to bring for manipulation of the odometer. Odometer fraud should also be more systematically considered as an offence liable to a penaltward new proposals on consumer protection policy.
Amendment 103 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 5
Article 2 – paragraph 1 – indent 5
– trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories O1 and yO2,
Amendment 117 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 8
Article 2 – paragraph 1 – indent 8
Amendment 122 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Regulation shall not apply toe Member States may exclude from the scope of this Regulation the following vehicles that are registered in their territory:
Amendment 129 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 2 – indent 4 a (new)
Article 2 – paragraph 2 – indent 4 a (new)
– wheeled tractors with a maximum design speed exceeding 40 km/h – vehicle category T5.
Amendment 159 #
2012/0184(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘inspector’ means a person authorised by a Member State or its competent authority to carry out roadworthiness tests in a testing centre or on behalf of a competent authority ;
Amendment 277 #
2012/0184(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The testing centre shall inform the person presenting the vehicle to the test of the necessary repairs to be carried outdeficiencies to be rectified and shall not alter the results of the test for commercial purposes.
Amendment 282 #
2012/0184(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall comply with the requirements set out in paragraphs 1 and 2 if they require test centres to be authorised in accordance with Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products.
Amendment 316 #
2012/0184(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 1 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 2 a (new)
Paragraph 1 – point iv – modification 2 a (new)
Amendment 3 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 5 a (new)
Paragraph 1 – point iv – modification 5 a (new)
Amendment 4 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 5 b (new)
Paragraph 1 – point iv – modification 5 b (new)
Amendment 7 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 6
Paragraph 1 – point iv – modification 6
Amendment 10 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 11 a (new)
Paragraph 1 – point iv – modification 11 a (new)
Amendment 12 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 13 a (new)
Paragraph 1 – point iv – modification 13 a (new)
Amendment 13 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 14 a (new)
Paragraph 1 – point iv – modification 14 a (new)
Amendment 15 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv– modification 14 b (new)
Paragraph 1 – point iv– modification 14 b (new)
Amendment 19 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 20 a (new)
Paragraph 1 – point iv – modification 20 a (new)
Amendment 20 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 20 b (new)
Paragraph 1 – point iv – modification 20 b (new)
Amendment 21 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 20 c (new)
Paragraph 1 – point iv – modification 20 c (new)
Amendment 22 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point iv – modification 21 a (new)
Paragraph 1 – point iv – modification 21 a (new)
Amendment 23 #
2012/0022(APP)
Amendment 24 #
2012/0022(APP)
Motion for a resolution
Paragraph 1 – point (iv) – modification 21 c (new)
Paragraph 1 – point (iv) – modification 21 c (new)
Amendment 4 #
2011/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that the establishment of a coherent patent litigation system in the Member States taking part in the enhanced cooperation should be accomplished by an international agreement (‘the Agreement’) between these Member States (‘Contracting Member States’) creating a Unified Patent Court (‘the Court’); nevertheless expresses doubt, in the light of various texts, such as Opinion 1/09 of the European Court of Justice, as to whether that international agreement is compatible with the TFEU;
Amendment 7 #
2011/2176(INI)
Motion for a resolution
Paragraph 7 – point ii
Paragraph 7 – point ii
(ii) the Agreement should come into force when a minimum of ninll the Contracting Member States, including the three Member States in which the highest number of European patents was in force in the year preceding the year in which the Diplomatic Conference for the signature of the Agreement takes place, have ratified the Agreement and when Regulation XXX of the European Parliament and of the Council implementing enhanced cooperation in the area of the creation of unitary patent protection and Council Regulation XXX implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements are in force;
Amendment 8 #
2011/2176(INI)
Motion for a resolution
Paragraph 7 – point iii
Paragraph 7 – point iii
(iii) the Court should be a Court common to the Contracting Member States and subject to the same obligations as any national court with regard to compliance with Union law; thus, for example, the Court shall cooperate with the Court of Justice by applying Article 267 TFEUin line with Opinion 1/09 of the Court of Justice of the European Union, national courts should have jurisdiction to hear actions based on EU law and be able to refer questions for a preliminary ruling;
Amendment 10 #
2011/2176(INI)
Motion for a resolution
Paragraph 7 – point iv
Paragraph 7 – point iv
(iv) the Court should act in line with the body of Union law and respect its primacy; in the event that the Court of Appeal infringes Union law, Contracting Member States should be jointly liable for damages incurred by the parties to the respective procedure; infringement proceedings pursuant to Articles 258, 259 and 260 TFEU against all Contracting Member States should apply, as set out in the TFEU;
Amendment 13 #
2011/2176(INI)
Motion for a resolution
Paragraph 10 – point i
Paragraph 10 – point i
(i) acknowledges that the composition of the Court of Appeal and the Court of First Instance should be multinational; considers that the composition must be adapted to the existing court structures; proposes, therefore, that the composition of the local divisions should become multinational after a transitional period of five years, while it has to be ensured that the standard of quality and efficiency of the existing structures is not reduced; considers that the period of five years should be used for intensive training and prepar from the outset, and that the entry into force of the Agreement must allow sufficient time for the implementation ofor the judgessystem;
Amendment 15 #
2011/2176(INI)
Motion for a resolution
Paragraph 10 – point ii
Paragraph 10 – point ii
(ii) believes that the Court should be composed of both legally qualified and technically qualified judges; the judges should ensure the highest standards of competence and proven capacity in the field of patent litigation and antitrust law; this qualification should be proven inter alia by relevant work experience and professional training; legally qualified judges should possess the qualifications required for judicial offices in a Contracting Member Statebe national judges; technically qualified judges should have a university degree and expertise in a field of technology as well as knowledge of civil and civil procedural law;
Amendment 16 #
2011/2176(INI)
Motion for a resolution
Paragraph 11 – point ii
Paragraph 11 – point ii
(ii) the proceedings before the Court, consisting of a written, interim and oral procedure, should be dealt with by the Court in a flexible mannerall incorporate the appropriate elements of flexibility, taking into account the objectives of speed and efficiency of proceedings;
Amendment 17 #
2011/2176(INI)
Motion for a resolution
Paragraph 11 – point iii
Paragraph 11 – point iii
(iii) the language of proceedings before any local or regional division should be the official language of the Contracting Member State hosting the division or the official language designated by the Contracting Member States sharing a regional division; the parties should be free to chose the language in which the patent was granted as the language of proceedings subject to the approval of the competent division; the language of proceedings before the central division should be the language in which the patent concerned was granted; the language of proceedings before the Court of Appeal should be the language of proceedings before the Court of First Instance; at the duly justified request of one of the parties in the main proceedings, and after hearing the other parties, the court may decide that the language of proceedings shall be English; within a reasonable period of time, the language of the proceedings should always be English; . es
Amendment 21 #
2011/2176(INI)
Motion for a resolution
Paragraph 12 – point i
Paragraph 12 – point i
(i) the Court should have exclusive jurisdiction in respect of European patents with unitary effect and European patents designating one or more Contracting Member States; this will necessitate the amendment of Regulation (EC) No 44/20011;
Amendment 22 #
2011/2176(INI)
Motion for a resolution
Paragraph 12 – point ii
Paragraph 12 – point ii
(ii) the plaintiff should bring the action 1 OJ L 307, 24.11.2001, p. 28 before the local division hosted by a Contracting Member State where the infringement has occurred or may occur, or where the defendant is domiciled or established, or to the regional division in which this Contracting Member State participates; if the Contracting Member State concerned does not host a local division and does not participate in a regional division, the plaintiff shall bring the action before the central division; the parties should be free to agree before which division of the Court of First Instance (local, regional or central) an action may be brought;
Amendment 23 #
2011/2176(INI)
Motion for a resolution
Paragraph 12 – point iii
Paragraph 12 – point iii
(iii) in case of a counterclaim for revocation, the local or regional division should have the discretion to proceed with the infringement proceeding independently of whether the division proceeds as well with the counterclaim or whether it refers the counterclaim to the central divisionand shall also take cognizance of the counterclaim;
Amendment 24 #
2011/2176(INI)
Motion for a resolution
Paragraph 12 – point vi
Paragraph 12 – point vi
(vi) the relationship between the Agreement and Regulation (EC) No 44/20011 should be clarified in the Agreement*; it should be borne in mind that owing to the primacy of EU law and since the EU has sole competence for such matters, all these rules must be introduced by way of Regulation (EC) No 44/2001;
Amendment 25 #
2011/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is of the opinion that the Court should base its decisions on Union law in all the applicable fields, the Agreement, the European Patent Convention (EPC) and national law having been adopted in accordance with the EPC, provisions of international agreements applicable to patents and binding on all the Contracting Member States and national law of the Contracting Member States in the light of Union law to be implemented; 1 Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I), and that for all matters for which the Member States are competent, this list should be clarified and applicability criteria established in order to ensure the legal certainty and predictability of the actions of the courts; Or. es
Amendment 63 #
2011/2150(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that passengers should have the right to be informed about the ‘Passenger Name Record’ (PNR data) kept on them by the air carrier; stresses that passengers should not be denied boarding on the basis of their PNR data, except if they are suspected of terrorist and other serious crimes;
Amendment 22 #
2011/2096(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the transport sector isand cross- border infrastructure are subject to many ‘frontier effects’, which can often be easily remedied and should therefore all be reduced,
Amendment 25 #
2011/2096(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas differences among regions in Europe (peripheral situation, infrastructure, landscape, population density, socio-economic situation) pose very different problems and need flexibility regarding solutions,
Amendment 53 #
2011/2096(INI)
Motion for a resolution
Paragraph 1 – indent 2 bis (new)
Paragraph 1 – indent 2 bis (new)
- that the proposals on the internalisation of the external costs (air and noise pollution) ensure that the funds are allocated to the same modes of transport that have generated them, with a view to promoting research and new technologies, and not just a transfer of traffic volumes from one mode of transport to another;
Amendment 84 #
2011/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the completion of the European internal transport market should be aimed for, without neglecting economic, employment and social aspects, and calls on the Commission to ensure that proposals on liberalising the airport, rail, road, and otherport, rail and road transport markets do not lead to social dumping or to private monopolies or oligopolies;
Amendment 101 #
2011/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that efficient co-modality in passenger and goods transport – measured in terms of economic efficiency, environmental protection, social and employment conditions and safety and security aspects, and geared to existing and planned infrastructure in individual countries and regions – should be the guiding idea for future transport policy, and that these parameters should be used to determine modal distribution in countries and regions rather than retaining the proposed 300 km threshold for goods transport by road;
Amendment 108 #
2011/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that efficient co-modality in passenger and goods transport – measured in terms of economic efficiency, territorial cohesion, environmental protection, social and employment conditions and safety aspects, and geared to existing and planned infrastructure in individual countries and regions – should be the guiding idea for future transport policy, and that these parameters should be used to determine some of the parameters that will influence modal distribution in countries and regions rather than retaining the proposed 300 km threshold for goods transport by road;
Amendment 118 #
2011/2096(INI)
Motion for a resolution
Paragraph 4 bis (new)
Paragraph 4 bis (new)
4 bis. Recalls that the objective of the TENs, as stipulated in Article 170 of the Treaty on the Functioning of the European Union, is to promote the interconnection and interoperability of national networks as well as access to such networks, paying special attention to the need to link island, landlocked and peripheral regions with the central regions of the Union;
Amendment 149 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 4 a (new)
Paragraph 5 – indent 4 a (new)
- the core network should be developed on the basis of the TEN-T priority projects and should include intermodal infrastructure, intermodal platforms and equipment and ICT solutions;
Amendment 163 #
2011/2096(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that the samrisk-appropriate safety standards should apply to allevery kinds of passenger and goods transport at EU level and calls for a proposal to fund safety obligations, bearing in mind that, particularly in the case of maritime and air transport, international coordination is a prerequisite, and that current rules should be reviewed and/or replaced by 2015;
Amendment 165 #
2011/2096(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that the same safeecurity standards should apply to all kinds of passenger and goods transport at EU level and calls for a proposal to fund safeecurity obligations, bearing in mind that, particularly in the case of maritime and air transport, international coordination is a prerequisite, and that current rules should be reviewed and/or replaced by 2015;
Amendment 269 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 1
Paragraph 15 – indent 1
– another review of the rules on driving and rest times for passenger and goods transport, and the implementation thereof, by 2014, considers that drivers of long- distance goods vehicles should be able to take weekly breaks at home, without compromising road safety objectives; believes that it is also necessary to harmonise the restrictions on goods transport journeys throughout the European Union;
Amendment 343 #
2011/2096(INI)
Motion for a resolution
Paragraph 16 – indent 5 bis (new)
Paragraph 16 – indent 5 bis (new)
- in relation to TEN funds, attention to be paid to the need to increase the multimodal connections between sea ports and rail and road transport;
Amendment 366 #
2011/2096(INI)
Motion for a resolution
Paragraph 17 – indent 2 a (new)
Paragraph 17 – indent 2 a (new)
- the conclusion of mutual recognition agreements on customs and security programmes between the EU and third countries, with priority for EU-US agreements;
Amendment 378 #
2011/2096(INI)
Motion for a resolution
Paragraph 17 – indent 3 bis (new)
Paragraph 17 – indent 3 bis (new)
- the Member States and the parties involved to work actively to develop an air safety system that incorporates better technology and speeds up and facilitates security checks for passengers;
Amendment 380 #
2011/2096(INI)
Motion for a resolution
Paragraph 17 – indent 3 ter (new)
Paragraph 17 – indent 3 ter (new)
- air safety to be based on a previous risk analysis, particularly in relation to freight and post, and for it to be proportional to the risks involved in their transport;
Amendment 11 #
2011/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds the Commission that a wide- ranging, in-depth impact assessment is needed, looking at the various political options and focusing on practical issues in line with the principles of ‘better lawmaking’ and including an analysis of interest groups in order to clarify the segmentation of the impact assessment study for the various groups such as SMEs, systemically important financial institutions (SIFIs) and other listed and non-listed companies; takes the view that an assessment should be made of the impact on the users of audit reports, such as investors and SIFI regulators; calls on the Commission to analyse the added value generated by both the proposed regulation and the progressive harmonisation of auditing standards and practices in the European single market;
Amendment 47 #
2011/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 54 #
2011/2037(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes the view that the independence of statutory auditors vis-à-vis the management of the companies they are auditing is essential and must be preserved at all times; takes the view that the role of the audit committee is fundamental in guaranteeing this independence and that it should be strengthened; considers that the requirements placed on the audit committee should include responsibility for proposing the appointment of the statutory auditor for approval by shareholders at the annual general meeting, as well as the notification to shareholders of the measures adopted to review the qualification of the audit firm, the reasons which led to its being recommended and the action taken to guarantee its independence, including any restrictions imposed on the provision of services other than auditing and guarantees as regards the rotation of the main audit partners;
Amendment 58 #
2011/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 61 #
2011/2037(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Appeals to the Commission to ensure that company practices help to preserve the protections provided, including protection linked to the mandatory rotation of the main audit partners, even where those partners change firms, transparency vis-à-vis shareholders throughout the process and in relation to the reasons for which the proposed auditors were recommended, as well as the clear attribution of responsibility to the audit committee as regards the process and as regards the final decision vis-à-vis shareholders;
Amendment 62 #
2011/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 70 #
2011/2037(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers it essential to preserve the independence of the auditor; takes the view that external auditors should be banned from providing services to the audited company that could give rise to non-compliance with the applicable requirements as regards independence or with other ethical requirements; recognises that, in order to boost growth in the European economy, it is necessary to ensure that all undertakings, regardless of their size and including SMEs, can contract independent auditors and audit firms that have a wide range of skills;
Amendment 105 #
2011/2037(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 112 #
2011/2037(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to review the functions of the audit committee so that the shareholders' final decision on the appointment of auditors is based on a proposal from the audit committee; takes the view that this proposal should include a description of the procedure followed, the criteria used and the reasons underlying the audit committee's recommendation;
Amendment 113 #
2011/2037(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Considers it important for the Commission and regulatory bodies in each Member State to recognise the quality and experience of all audit firms and recommend to public interest entities that they actively consider different audit firms other than the Big Four which have a suitable level of knowledge and experience, and that they include them in their public tendering processes;
Amendment 156 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number to fewer than two suppliers for each category of groundhandling services or, for airports whose annual traffic has been not less than 510 million passengers or 100 000 tonnes of freight for at least the previous three years, to fewer than three suppliers for each category of groundhandling services.
Amendment 369 #
2011/0397(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
This entity shall be independent in terms of its legal form, its organisation and its decision-making from any entity concerned withfunctionally independent from the management of airport infrastructure where the managing body of the airport provides groundhandling services to third parties, and from any entity concerned with centralised infrastructure where the managing body of the centralised infrastructure provides groundhandling services to third parties. The entity is functionally independent if: – it constitutes a distinct business entity with its own accounts – it provides services for other entities on a non-discriminatory basis – it has separate management staff who are independent when it comes to decision-making, with limited possibilities for transferring between the entity concerned and the managing body of the airport
Amendment 79 #
2011/0391(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To allow air carriers to adapt to imperative situations of urgency, such as a marked decline in traffic or an economic crisis that severely affects the activity of air carriers, affecting a larger part of the scheduling period, the Commission should be allowed to adopt urgent measures to ensure the consistency of measures to be taken at coordinated airports. These measures will allow air carriers to retain priority for thein allocation ofng the same series for the following scheduling period even if the 850% rate has not been met.
Amendment 104 #
2011/0391(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13) ‘'series of slots’' shall mean at least 15 slots for a summer scheduling period and 10 slots for a winter scheduling periodhaving been requested for the same time on the same day of the week for consecutive weeksregularly in the same scheduling period and allocated by the coordinator on that basis or, if that is not possible, allocated at approximately the same time, unless agreed otherwise through a local rule under the conditions as referred to in Article 9, paragraph 8 of this Regulation;
Amendment 164 #
2011/0391(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The format and scope of the information referred to in this article is determined in an agreed worldwide industry standard. The information provided shall be used for the purpose of this Regulation only.
Amendment 171 #
2011/0391(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point a – point vii a (new)
Article 8 – paragraph 1 – subparagraph 2 – point a – point vii a (new)
(viia) any issues concerning the tasks and organization of the coordinator and the efficiency, costs and effectiveness of the coordinator.
Amendment 213 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) that air carrier can demonstrate to the satisfaction of the coordinator that the series of slots in question has been operated, as cleared by the coordinator, by that air carrier for at least 850 % of the time during the scheduling period for which it has been allocated.
Amendment 217 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Slots allocated to an air carrier before 31 January on or before the following summer season, or before 31 August for the following winter seasonagreed Industry Historics Baseline Date, but which are returned to the coordinator for reallocation before those dates, shall not be taken into account for the purposes of the usage calculation, provided that the remaining allocated slots constitutean be recognised as being part of a series within the meaning of Article 2(13).
Amendment 228 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – introductory part
Article 10 – paragraph 5 – subparagraph 1 – introductory part
If the 850 % usage of the series of slots cannot be demonstrated, the priorityhistorical precedence provided under paragraph (2) shall not be given , unless the non- utilisation can be justified on the basis of any of the following reasons:
Amendment 284 #
2011/0391(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Article 18 – paragraph 3 – subparagraph 1 – introductory part
Member States shall ensure thaimplement effective, proportionate and dissuasive sanctions are availablfinancial penalties and/ or appropriate sand arections that are effectively applied to deal with
Amendment 299 #
2011/0391(COD)
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Without prejudice to Article 10(5), if the 850 % usage rate as defined in Article 10(2) cannot be achieved by an air carrier, the coordinator may decide to withdraw from that air carrier the series of slots in question for the remainder of the scheduling period and place them in the pool after having consulted the air carrier concerned.
Amendment 302 #
2011/0391(COD)
Proposal for a regulation
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Without prejudice to Article 10(5), if after an allotted time corresponding to 1520 % of the period of the series validity no slots of that series of slots have been used, the coordinator shall place the series of slots in question in the pool for the remainder of the scheduling period, after having consulted the air carrier concerned. The coordinator may decide to withdraw the series of slots before the end of a period corresponding to 1520 % of the period of validity of the series if the carrier does not show that it intends to use them.
Amendment 127 #
2011/0302(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) On 28 March 2011, the Commission adopted the White Paper ''A Roadmap to a Single Transport Area ― Towards a competitive and resource-efficient transport system''. The White Paper aims at reducting by at least 60% the greenhouse gas emissions (''GHG'') of the transport sector by 2050 with respect to 1990. As far as infrastructure is concerned, the White Paper aims at establishing a fully functional and Union-wide multimodal TEN-T ‘core network’ by 2030. The White Paper also aims at optimising the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes. Therefore, it sets the following relevant targets for TEN-T policy: 30% of road freight over 300 km should shift to other modes by 2030, and more than 50% by 2050; the length of the existing high-speed rail network should triple by 2030 and by 2050 the majority of medium-distance passenger transport should go by rail; by 2050, all core network airports should be connected to the rail network; all seaports to the rail freight and, where possible, to the inland waterway system.
Amendment 130 #
2011/0302(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) On 28 March 2011, the Commission adopted the White Paper "A Roadmap to a Single Transport Area ― Towards a competitive and resource-efficient transport system". The White Paper aims at reducting by at least 60% the greenhouse gas emissions ("''GHG"'') of the transport sector by 2050 with respect to 1990. As far as infrastructure is concerned, the White Paper aims at establishing a fully functional and interoperable Union-wide multimodal TEN-T ‘core network’ by 2030. Rail interoperability could be enhanced by innovative solutions that improve compatibility between the involved systems such as on-board equipment and multi-gauge rail tracks. The White Paper also aims at optimising the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes. Therefore, it sets the following relevant targets for TEN- T policy: 30% of road freight over 300 km should shift to other modes by 2030, and more than 50% by 2050; the length of the existing high-speed rail network should triple by 2030 and by 2050 the majority of medium-distance passenger transport should go by rail; by 2050, all core network airports should be connected to the rail network; all seaports to the rail freight and, where possible, to the inland waterway system.
Amendment 344 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Following the mid-term evaluation according to Article 26.1, Parliament and the Council may, on a proposal from the Commission may, transfer appropriations between the sectors of the allocation set out in paragraph 1, [with the exception of the EUR 10 000 000 000 transferred from the Cohesion Fund to finance transport sector projects in the Cohesion Fund eligible Member States].[1] [1] Pending agreement on the Multiannual Financial Framework for the period 2014-2020.
Amendment 365 #
2011/0302(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b a (new)
Article 7 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) studies for projects of common interest which are part of Decision 661/2010 of the European Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the trans-European transport network;
Amendment 588 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - Point a
Annex – Part I - Point a
Innovative Management & Services Single European Sky - SESAR Innovative Management & Services Traffic Management Systems for Road, Rail and Inland Waterways (ITS, ERTMS and Renhancing rail interoperability, RIS and VTMIS) Innovative Management & Services Core Network Ports and, Airports and Motorways of the Sea
Amendment 628 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point 3 – introductory part
Annex – Part I – point 3 – introductory part
Algeciras – Madrid – Zaragoza – Tarragona Sevilla – Valencia – Tarragona Tarragona – Barcelona – Perpignan – Lyon – Torino – Milano – Venezia – Ljubljana – Budapest – UA border
Amendment 703 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point b – row 10
Annex – Part I – point b – row 10
Amendment 719 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I – point b – rows 28 a-c (new)
Annex – Part I – point b – rows 28 a-c (new)
Palencia – Other Core Rail Studies and Santander Network works Castejón – Other Core Rail Studies and Logroño – Network works Miranda Almería – Other Core Rail Studies and Málaga – Network works Algeciras (along the coast)
Amendment 720 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - Point b - rows 29 a-c (new)
Annex – Part I - Point b - rows 29 a-c (new)
"Iron Rhine" Cross-border Rail studies ongoing (Rheidt- Antwerpen), cross border section New High- Cross-border Rail studies ongoing capacity rail: Central Trans- Pyrenees crossing Railway Axis of Cross-border Rail studies ongoing the Ionian/Adriatic Intermodal Corridor
Amendment 87 #
2011/0294(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) These specific objectives should be achieved by establishing interconnections and interoperability between national transport networks in a resource-efficient way. Railway interoperability could be promoted by innovative solutions that improve the compatibility among the different systems, such as on-board equipment and multi-gauge tracks.
Amendment 109 #
2011/0294(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The core network should be identified and implemented as a priority within the framework provided by the comprehensive network by 2030. It should constitute the backbone of the development of a multi- modal transport network and stimulate the development of the entire comprehensive network. It should enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross-border sections, missing links, multi- modal connecting points and major bottlenecks.Does not affect English version.)
Amendment 178 #
2011/0294(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) When carrying out the review of the implementation of the core network in 2023, the Commission shall evaluate, in consultation with the Member States, the inclusion of other parts in the network, especially the priority projects included in the Decision 661/2010/EU, on Union guidelines for the development of the trans-European transport network.
Amendment 204 #
2011/0294(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(n a) 'interoperability' means the ability of a transport mode to allow the safe and uninterrupted movement of its vehicles in order to meet its required levels of performance. This ability depends on all the technical, operational and regulatory conditions under which the respective transport mode operates. It may include innovative solutions that improve the compatibility among the different systems, such as on-board equipment and multigauge tracks;
Amendment 354 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point a
Article 13 – paragraph 3 – point a
(a) railway lines are equipped with ERTMS, except in duly justified cases, where allowed by the relevant TSI;
Amendment 360 #
2011/0294(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
(c) railway infrastructure complies with the following requirements of the technical specification for Interoperability (TSI) adopted pursuant to Article 6 of Directive 2008/57/EC for new and upgraded lines, except in duly justified cases, where allowed by the relevant TSI or under the procedure provided for in Article 9 of Directive 2008/57/EC. In any case, the railway infrastructure shall comply with the following requirements:
Amendment 395 #
2011/0294(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(a a) migrating to 1 435 mm nominal track gauge;
Amendment 460 #
2011/0294(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The high quality roads referred to in point (a) of paragraph 1 are those which play an important role in long-distance freight and passenger traffic, integrate the main urban and economic centres, interconnect with other transport modes and link mountainous, remote, landlocked and peripheral NUTS 2 regions to central regions of the Union. These roads shall be adequately maintained to allow safe and secure traffic.
Amendment 495 #
2011/0294(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point d a (new)
Article 24 – paragraph 2 – point d a (new)
(d a) The maritime port is of strategic importance for its hinterland;
Amendment 543 #
2011/0294(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point a – point ii a (new)
Article 29 – paragraph 2 – point a – point ii a (new)
(ii a) the airport is of strategic importance for the region served.
Amendment 635 #
2011/0294(COD)
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2 a .– full deployment of ERTMS;
Amendment 649 #
2011/0294(COD)
Proposal for a regulation
Article 47 – paragraph 1 – indent 1 a (new)
Article 47 – paragraph 1 – indent 1 a (new)
- major airports with more than 1% passenger air traffic within the EU.
Amendment 651 #
2011/0294(COD)
Proposal for a regulation
Article 47 – paragraph 1 – indent 2
Article 47 – paragraph 1 – indent 2
– maritime ports; , including those that are strategically important for raw materials and foodstuffs;
Amendment 653 #
2011/0294(COD)
Proposal for a regulation
Article 47 – paragraph 1 – indent 2 a (new)
Article 47 – paragraph 1 – indent 2 a (new)
– at least one airport for each NUTS 1 region;
Amendment 757 #
2011/0294(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
By 31 December 2023 at the latest, the Commission shall carry out a review of the implementation of the core network, evaluating compliance with the provisions laid down in this Regulation and the progress in implementation. Along with the review, the Commission shall also bring forward a proposal to include the priority projects listed in Decision No 661/2010 on the TEN-T guidelines, studies on which are still ongoing or have been finalised.
Amendment 874 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the port of Vigo to the core network
Amendment 875 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the port of Santander to the core network
Amendment 876 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the port of Santa Cruz de Tenerife to the core network
Amendment 877 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the following sea ports to the comprehensive network: – Marín y Ría de Pontevedra – Vilagarcía de Arousa – Gandía – Alcudía – Guía de Isora – Salinetas – Arinaga
Amendment 878 #
2011/0294(COD)
add the following multimodal platforms to the comprehensive network: – Pontevedra – Zalia – Torrelavega – Júndiz – Monzón – El Vallés – El Prat – El Gorguel – Ciudad Real – Albacete – San Roque – Mérida – Ponferrada/El Bierzo – Castellón – Alicante – Benavente – Zamora – Miranda de Ebro – Burgos – Palencia – Área Central – Aranda de Duero – Soria – Arévalo – Ávila – Segovia
Amendment 879 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the following rail freight transport sections to the core network: – Almería – Málaga – Algeciras (along the coast) – Granada – Motril – Castejón – Logroño – Miranda – León – Gijón / Avilés – Palencia – Santander – Madrid – Cáceres – Mérida – Mérida – Badajoz – Portuguese border – Mora – Ciudad Real – Mérida
Amendment 880 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
add the following rail passenger and freight transport section to the core network: – Zaragoza – Huesca – Central Pyrenees Crossing (‘Travesía Central’)
Amendment 881 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 16/33
Annex I – Volume 16/33
Amendment 888 #
2011/0294(COD)
add the following airports to the comprehensive network: – Murcia/Corvera – Lleida – Huesca/Pirineos – Logroño – Albacete – Córdoba
Amendment 889 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the airport of Castellón to the comprehensive network
Amendment 890 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following multimodal platforms to the core network: – Alcázar de San Juan – León – Antequera – Murcia – Valladolid – Vigo – Zaragoza
Amendment 891 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following rail passenger transport sections to the core network: – Madrid – Toledo – Madrid – Alcázar – Albacete – Murcia – Almería – Málaga – Algeciras (along the coast) – Avilés – Oviedo – Bilbao – Santander – Oviedo – El Ferrol – A Coruña – Castejón – Logroño – Miranda – Mora – Alcázar – Linares – Moreda/Jaén/Córdoba – Ourense – Vigo (via Cercedo) – Ourense – Monforte – Lugo – A Coruña – Palencia – Santander – Segovia – Ávila – Sevilla – Cádiz – Sevilla – Huelva – Portuguese border – Valencia – Alicante (along the coast) – Motilla – Albacete – La Encina – Santiago – Vigo – Portuguese border – Granada – Motril – Antequera – Málaga – Madrid – Ávila – Salamanca – León – Monforte – Torralba – Soria – Castejón – Plasencia – León – Gijón
Amendment 892 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33
Annex I – Volume 17/33
add the following rail passenger transport sections to the comprehensive network: – Almendricos – Águilas – Barcelona – Massanet – Barcelona – Puigcerdá – Játiva – Alcoy – Lleida – Manresa – Barcelona – Los Rosales – Zafra – Madrid – Burgos – Villalba – Segovia
Amendment 894 #
2011/0294(COD)
add the following high-quality road sections to the comprehensive network: – Valladolid – Aranda de Duero – Soria – Ourense – Santiago – Ourense – Guntín – Ponferrada – Ourense – Monforte – Chantada – Astorga – León – Burgos – Burgos – Logroño – Pamplona – Ávila – Salamanca – León – Valladolid – Segovia – Valladolid – Ávila – Maqueda – Toledo – Ocaña – Tarancón – Cuenca – Teruel – Alfajarín – Fraga -Catalayud – Daroca – Alcolea del Pinar – Monreal del Campo – Badajoz – Zafra – Córdoba – Baena – Granada – Huelva – Jabugo – Zafra – Estepa – Lucena – Baena – Jaén – Úbeda – Blanca – Avarán – La Font de la Figuera – Alicante – Alcoy – Játiva – Elche – Cartagena – Vera – Figueras – Puigcerdá – Ávila – Villacastín – San Rafael – Segovia
Amendment 957 #
2011/0294(COD)
Proposal for a regulation
Annex II – Section 1a
Annex II – Section 1a
add Cagliari (IT), Heraklion (EL), Las Palmas de Gran Canaria (ES) and Santa Cruz de Tenerife (ES)
Amendment 968 #
2011/0294(COD)
add Cagliari (IT), Heraklion (EL) Santander (ES), Vigo (ES) and Santa Cruz de Tenerife.
Amendment 991 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 17/33 (new)
Annex I – Volume 17/33 (new)
to add the following airports to the core network: - Alicante - Gran Canaria - Málaga - Tenerife Sur - Santiago de Compostela
Amendment 992 #
2011/0294(COD)
to add Málaga (ES)
Amendment 109 #
2011/0196(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 155 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 2 – paragraph 2 – point (j)
Article 2 – paragraph 2 – point (j)
(j) ‘daily work period’ means the period comprising the driving time, all other periods of work, the periodswhich commences at the time when the driver activates the tachograph following a weekly or daily rest period, or, if the daily rest is divided into separate periods, following a rest period of at least nine hours' duration, and ends at the beginning of av dailability, breaks in work and periodsy rest period or, if the daily rest is divided into separate periods, at the beginning of a rest not exceeding ninperiod extending over a minimum of nine consecutive hours.
Amendment 299 #
2011/0196(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
Regulation (EC) 561/2006
Article 13
Article 13
Amendment 55 #
2011/0136(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) This Directive is without prejudice to Directive 2001/29/EC and deals solely with certain permitted uses of orphan works. It does not introduce new exceptions or limitations to copyright and related rights.
Amendment 124 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. If the cinematographic or audiovisual work subject to a bona fide diligent search is a co-production, the bona fide diligent search shall be carried out in each of the Member States involved in the co- production.
Amendment 140 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, the organisations referred to in Article 1(1) may not use orphan works in order to achieve aims other than their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections.
Amendment 149 #
2011/0136(COD)
Proposal for a directive
Article 7
Article 7
Authorised uses of orphan works 1. Member States may authorise the organisations referred to in Article 1(1) to use an orphan work for purposes other than those referred to in Article 6(2), provided that: (1) the organisations referred to in Article 1(1) maintain records of their diligent search; (2) the organisations maintain publicly accessible records of their use of orphan works; (3) in the case of an orphan work where a rightholder has been identified but not located, the name of the rightholder is indicated in any use of the work; (4) rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated for the use that has been made of the work by the organisations referred to in Article 1(1); (5) rightholders may claim their remuneration under point (4) within a period fixed by Member States and which shall not be less than five years from the date of the act giving rise to the claim. 2. Member States may chose the means for authorising use within the meaning of paragraph 1 and remain free to decide on the use of any revenues which are unclaimed after the expiry of the period fixed in accordance with paragraph 1(5).rticle 7 deleted
Amendment 20 #
2011/0094(CNS)
Proposal for a regulation
Recital 8
Recital 8
(8) In the case of a dispute concerning a European patent with unitary effect, it is a legitimate requirement that the patent proprietor should provide a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. For reasons of legal certainty, the translation must be a faithful reflection of the original wording of the patent. The patent proprietor should also be required to provide, at the request of a court competent in the territory of the participating Member States for disputes concerning the European patent with unitary effect, a full translation of the patent into the language of proceedings of that court. Such translations should not be carried out by automated means and should be provided at the expense of the patent proprietor. In the case of a dispute concerning a claim for damages the court hearing the dispute should take into consideration that, before having been provided with a translation in his own language, the alleged infringer may have acted in good faith and maycould not have not known or had reasonable grounds to know that he was infringing the patent. The competent court should assess the circumstances of the individual case and inter alia should take into account whether the alleged infringer is a small and medium-sized enterprise operating only at local level, the language of the proceedings before the European Patent Office and, during the transitional period, the translation submitted together with the request for unitary effect.
Amendment 22 #
2011/0094(CNS)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to facilitate access to European patents with unitary effect, in particular for small and medium-size enterprises, applicants who do not have a language in common with one of the official languages of the European Patent Office should be able to file their patent applications and any other procedural documents at the European Patent Office in any other official language of the Union. As a complementary measure, for applicantsmall and medium-sized enterprises, natural persons and non-profit organisations obtaining European patents with unitary effect and having their residence or principal place of business within a Member State of the Union which has as an official language a language other than one of the official languages of the European Patent Office, should benefit from a system of additional reimbursements of the costs related to the translation from that language into the language of the proceedings of the European Patent Office, beyond what is currently already in place at the European Patent Office,. The system of additional reimbursements should be administered by the European Patent Office in accordance with Article 12 of Regulation xx/xx [substantive provisions].
Amendment 23 #
2011/0094(CNS)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In the interests of persons who use a language for filing which is not one of the official languages of the European Patent Office, and taking into consideration European Union practice following the ruling of the Court of Justice in Case C-361/01 P1, the European Patent Office should implement a system in which the language for filing should be used for all correspondence relating to the application unless the applicant expressly indicates that he wishes the European Patent Office to use one of its official languages. ________________________________ 1 Judgment of the Court of Justice of 9 September 2003 in Case C-361/01 P Kik v OHIM [2003] ECR I-8283.
Amendment 24 #
2011/0094(CNS)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to promote the availability of patent information and the dissemination of technological knowledge, machine translations of patent applications and specifications into all official languages of the Union should be available as soon as possible. Machine translations are being developed by the European Patent Office and are a very important tool seeking to improve access to patent information and to disseminate widely the technological knowledge. The timely availability of high quality machine translations of European patent applications and specifications into all official languages of the Union would benefit all the users of the European patent system. Machine translations are a key feature of European UniThey should be made available online and free of charge on poublicy. Such machine translations should serve for information purposes only and should not have any legal effecation of the patent application and of the granted patent.
Amendment 26 #
2011/0094(CNS)
Proposal for a regulation
Recital 11
Recital 11
(11) During a transitional period, before a system of high quality machine translations into all official languages of the Union becomes available, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be accompanied by a full translation with legal effects of the specification of the patent into English where the language of the proceedings before the European Patent Office is French or German, or into any official language of the participating Member States that is an official language of the Union where the language of the proceedings before the European Patent Office is English. Those arrangements would ensure that during a transitional period all European patents with unitary effect are made available in English which is the language customary in the field of international technological research and publications. Furthermore, they would ensure that with respect to European patents with unitary effect translations would be published in other official languages of the participating Member States. Such translations should not be carried out by automated means and their high quality should contribute to the training of translation engines by the European Patent Office. They would also enhance the dissemination of patent information. The transitional period should terminate as soon as high quality machine translations into all official language of the Union are available, subject to an objective evaluation of the quality. The quality of machine translations should be regularly and objectively evaluated by an independent expert committee established by the participating Member States in the framework of the European Patent Organisation and composed of the representatives of the European Patent Office and the users of the European patent system. Given the technological development, the maximum periodThey would also enhance the dissemination of patent information. Such translations should not be carried out by automated means. The transitional period should not be longer than four the development of high quality machine translations cannot be considered to exceed 12 years. Consequently, the transitional period should lapse 12 years from the date of application of this Regulation, unless it has been decided to terminate that period earlieryears after the entry into force of this Regulation.
Amendment 28 #
2011/0094(CNS)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In the case of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the patent into an official language of the participating Member State in which either the alleged infringement took place or in which the alleged infringer is domiciled. The translation must be a faithful reflection of the original wording of the patent.
Amendment 31 #
2011/0094(CNS)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. In the case of a dispute concerning a claim for damages, the court hearing the dispute shall take into consideration that the alleged infringer may have acted without knowing or having reasonable grounds tocould not have known that he was infringing the patent before having been provided with the translation referred to in paragraph 1.
Amendment 32 #
2011/0094(CNS)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 33 #
2011/0094(CNS)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The participating Member States, shall, within the meaning of Article 143 of the EPC, give the European Patent Office the task of administering a compensation scheme for the reimbursement of all translation costs up to a ceiling, from the fees referred to in Article 13 of Regulation xx/xx [substantive provisions], for applicants filing patent applications or any other procedural documents at the European Patent Office in one of the official languages of the Union that is not an official language of the European Patent Office.
Amendment 36 #
2011/0094(CNS)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. The compensation scheme referred to in paragraph 1 shall be funded through the fees referred to in Article 13 of Regulation xx/xx [substantive provisions] and shall be available only for small and medium-sized enterprises, natural persons and non-profit organisations having their residence or principal place of business within a Member State of the Union.
Amendment 37 #
2011/0094(CNS)
Proposal for a regulation
Article 5 – paragraph 1 c (new)
Article 5 – paragraph 1 c (new)
1c. The compensation scheme referred to in paragraph 1 shall ensure full of the translation costs up to a ceiling set in such a way as to reflect the average market price for translations and to avoid abuse. Those costs shall not be reimbursed where the European Patent Office rules that a translation into an official language is not necessary.
Amendment 38 #
2011/0094(CNS)
Proposal for a regulation
Article 5 – paragraph 1 d (new)
Article 5 – paragraph 1 d (new)
1d. In the interests of persons who use a language for filing which is not one of the official languages of the European Patent Office, and taking into consideration European Union practice following the ruling of the Court of Justice in Case C-361/01 P1, the European Patent Office shall implement a system in which the language for filing is used for all correspondence relating to the application unless the applicant expressly indicates that he wishes the European Patent Office to use one of its official languages. ________________________________ 1 Judgment of the Court of Justice of 9 September 2003 in Case C-361/01 P Kik v OHIM [2003] ECR I-8283.
Amendment 39 #
2011/0094(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. During a transitional period of not more than four years starting on the date of application of this Regulation in accordance with Article 7(2) of this Regulation, a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] shall be submitted together with the following:
Amendment 40 #
2011/0094(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) where the language of the proceedings is French or German, a full translation with legal effects of the specification of the European patent into English; or
Amendment 41 #
2011/0094(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) where the language of the proceedings is English, a full translation with legal effects of the specification of the European patent into any official language of the participating Member States that is an official language of the Union.
Amendment 43 #
2011/0094(CNS)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with Article 12 of Regulation xx/xx [substantive provisions], the participating Member States, shall give, within the meaning of Article 143 of the EPC, the European Patent Office the task of publishing the translations referred to in paragraph 1 as soon as possible after the date on which a request for unitary effect as referred to in Article 12 of Regulation xx/xx [substantive provisions] is filed. The text of such translations shall have no legal value and be for information purposes only.
Amendment 44 #
2011/0094(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 46 #
2011/0094(CNS)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. On the basis of the evaluation referred to in paragraph 3, every two years the Commission shall present a report to the Council and, if appropriate, make proposals for terminating the transitional periodNot later than four years after the date of application of this Regulation, the Commission shall make the necessary proposals for terminating the transitional period and ensuring that the language for filling, granting and prosecuting is English alone.
Amendment 29 #
2011/0092(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/96/CE
Article 7
Article 7
“Article 7 “Article 7 1. As from 1 January 2013, from 1 January 2015 and from 1 January 2018, the minimum levels of taxation applicable to motor fuels shall be fixed as set out in Annex I, Table A.” 2. Member States may differentiate between commercial and non-commercial use of gas oil used as propellant, provided that the Union minimum levels are observed and the rate for commercial gas oil used as propellant does not fall below the national level of taxation in force on 1 January 2012. 3. ‘Commercial gas oil used as propellant’ shall mean gas oil used as propellant for the following purposes: (a) the carriage of goods for hire or reward, or on own account, by motor vehicles or articulated vehicle combinations intended exclusively for the carriage of goods by road and with a maximum permissible gross laden weight of not less than 7.5 tonnes; (b) the carriage of passengers, whether by regular or occasional service, by a motor vehicle of category M2 or category M3, as defined in Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers1.” ___________________ 1 OJ L 43, 23.2.1970, p. 1.
Amendment 26 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers. When carriers do not store PNR data electronically in the normal course of business, they should not be obliged to introduce any processes to collect such data.
Amendment 35 #
2011/0023(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The contents of any lists of required PNR data to be obtained by the Passenger Information Unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent, detect, investigate and prosecute terrorist offences or serious crime, thereby improving internal security within the Union as well as protecting the fundamental rights of citizens, notably privacy and the protection of personal data. Such lists should not contain any personal data that could reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or data concerning health or sexual life of the individual concerned. The PNR data should contain details on the passenger's reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security.
Amendment 40 #
2011/0023(COD)
Proposal for a directive
Recital 15
Recital 15
(15) There are two possible methods of data transfer currently available: the ‘pull’ method, under which the competent authorities of the Member State requiring the data can reach into (access) the air carrier’s reservation system and extract (‘pull’) a copy of the required data, and the ‘push’ method, under which air carriers transfer (‘push’) the required PNR data to the authority requesting them, thus allowing air carriers to retain control of what data is provided. The ‘push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers. Air carriers that do not have the technology necessary to apply the ‘push’ method must ensure that they are able do so by the end of the transposition period for this Directive.
Amendment 42 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 70 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘international flight’ means any scheduled or non-scheduled flight by an air carrier planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer orany transit flights;
Amendment 72 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or ‘PNR data’ means a record of each passenger’s travel requirements, which is collected and stored electronically by air carriers for their own commercial purposes, and which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities;
Amendment 76 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘push method’ means the method whereby air carriers transfer the required PNR data into the database of the authority requesting them;
Amendment 81 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘pull method’ means the method whereby the competent authorities of the Member State requiring the data can access the air carrier’s reservation system and extract a copy of the PNR data;
Amendment 109 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers transfer (‘push’) the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 116 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
Amendment 120 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) for the first time 24 to 48 hours before the scheduled time for flight departure;
Amendment 123 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) for the second time immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
Amendment 127 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permishall not prevent air carriers tofrom limiting the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 159 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive. No penalties shall be imposed on air carriers when the authorities of a third country do not allow them to transfer PNR data.
Amendment 160 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive Air carriers that obtain passenger contact details from travel agencies shall not be permitted to use them for commercial purposes.
Amendment 164 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data by Passenger Information Units revealing a person’s race or ethnic origin, religious or philosophical belief, political opinion, trade union membership, health or sexual life shall be prohibited. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately.
Amendment 167 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. All processing of PNR data by air carriers, all transfers of PNR data by Passenger Information Units and all requests by competent authorities or Passenger Information Units of other Member States and third countries, even if refused, shall be logged or documented by the Passenger Information Unit and the competent authorities for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security of data processing, in particular by the national data protection supervisory authorities. These logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with Article 9(3) at the expiry of those five years, in which case the logs shall be kept until the underlying data are deleted.
Amendment 172 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall ensure that air carriers, their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights are informed at the time of booking a flight and/or at the time of purchase of a ticket in a clear and precise manner about the provision of PNR data to the Passenger Information Unit, the purposes of their processing, the period of data retention, their possible use to prevent, detect, investigate or prosecute terrorist offences and serious crime, the possibility of exchanging and sharing such data and their data protection rights, in particular the right to complain to a national data protection supervisory authority of their choice. The same information shall be made available by the Member States to the public.
Amendment 205 #
2011/0023(COD)
Proposal for a directive
Annex 1 – point 12
Annex 1 – point 12
(12) General remarks (including all available information on unaccompanied minors under 18 years, such as name and gender of the minor, age, language(s) spoken, name and contact details of guardian on departure and relationship to the minor, name and contact details of guardian on arrival and relationship to the minor, departure and arrival agent)
Amendment 6 #
2010/2311(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas jihadist, separatist and anarchist terrorism is a common and real threat throughout the European Union,
Amendment 7 #
2010/2311(INI)
Motion for a resolution
Recital - A a (new)
Recital - A a (new)
-A a. whereas all terrorism is one and the same thing and its objective is none other than to destroy the foundations of our free and democratic society; whereas its actions may be publicised and disseminated among our citizens and achieve its purpose of undermining their belief in rights protection systems, in which criminals are seen as victims and the Member States’ ability to respond to terrorist acts is restricted,
Amendment 8 #
2010/2311(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers also that the best possible balance must invariably be achieved between, on the one hand, the obligation incumbent on public authorities, at EU level and in Member States, to protect their citizens from injury and guarantee their security and, secondly, the need to safeguard their individual rights;
Amendment 8 #
2010/2311(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas any negotiation with terrorists that does not have as its sole aim the unconditional and final abandonment of weapons ends up reinforcing terrorists logistically, tactically and operationally, and denigrates the dignity of their victims and families,
Amendment 9 #
2010/2311(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-A c. whereas international cooperation is essential to deprive terrorism of its financial, logistical and operational bases,
Amendment 10 #
2010/2311(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls in addition, as far as counter- terrorism measures are concerned, for the proportionality principle to be taken into account and the fundamental rights of citizens to be observed, bearing in mind that all such measures have to be in accordance with the law and the rule of law;
Amendment 12 #
2010/2311(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls, by virtue of the subsidiarity principle, for the national parliaments to play an active role regarding the area of freedom, security, and justice, especially for the purposes of evaluation and implementation of Union policies, as provided for in Article 70 of the TFEU; considers that they should also be involved in the political monitoring of Europol and the evaluation of Eurojust activities, in accordance with Article 12(c) of the TEU;
Amendment 12 #
2010/2311(INI)
Motion for a resolution
Recital A
Recital A
A. whereas aftersince the atrocious attacks of 11 September 2001 the first decade of the 21st century has been marked by the ‘War on Terrorism’, especially with regard to the US approach; whereas although the attacks did not take place on European soil, all Europeans felt them to be an attack, and especially the attacks in Madrid and London, the fight against terrorism has been a European Union priority throughout the first decade onf their values and their way of life 21st century,
Amendment 14 #
2010/2311(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for more accurate assessment to be brought to bear on the counter- terrorism measures already taken, extending also to fundamental rights and budgetary aspects;
Amendment 24 #
2010/2311(INI)
Motion for a resolution
Recital B
Recital B
B. whereas terrorism is not a recent phenomenon; whereas counter-terrorism has always been part of regular law enforcement action; whereas 9/11the sphere of competence of the Member States; whereas the 9/11, Madrid and London attacks led to a fundamental change in the methods and instruments used to fight terrorism; whereas terrorism became a matter of national security, with a very different legal frameworkas a result of those attacks terrorism began to be seen as a cross- border phenomenon, affecting the security of the whole European Union and not just the national security of the Member States,
Amendment 33 #
2010/2311(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the aim of the European Union’s counter-terrorism policiesy should be to undermine the objectives of terrorism, which are to destroy the fabric of our free, open and democratic society; whereas the aim of counter-terrorism must be to protect and strengthen that fabric of democratic society and the effectivenprevent terrorism; to protect people, infrastructure, freedom, democracy and the rule of law; to prosecute terrorists and respond to the consequencess of counter-a terrorism policies must be measured against this aim; whereas in this logic, stret attack, while at the same time safeguarding respect for fundamental freedoms and providing thening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective resources needed for democratic scrutiny of the various services involved in counter- terrorism,
Amendment 43 #
2010/2311(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the European Union’s counter-terrorism strategy should address not only the consequences of terrorism but also its causes,
Amendment 47 #
2010/2311(INI)
Motion for a resolution
Recital D
Recital D
D. whereas ten years after the attacks that shook the world it is time to take stock of the achievements in fighting terrorism; whereas evaluation allows for more efficient and effective policy-making, and in any modern democracy policy decisions are subject to frequent evaluation and review,
Amendment 54 #
2010/2311(INI)
Motion for a resolution
Recital E
Recital E
E. whereas accountability and responsibility are essential factors for the democraticdemocratic scrutiny is an essential factor legitimacy ofising counter- terrorism policies, whereas mistakes, unlawful actions and violations of international law and human rights must be investigated and corrected, and justice be done and measures; whereas any breach of current national or Community law has to be rectified in the courts,
Amendment 58 #
2010/2311(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas defending the victims of terrorism and their rights should be part of the Union’s priority policies; whereas the Institutions must promote public recognition of the victims and help raise European citizens’ awareness of their importance,
Amendment 60 #
2010/2311(INI)
Motion for a resolution
Recital F
Recital F
F. whereas counter-terrorism measures tend to have a profound impact on civil liberties, the rule of law and democratic decision-making; whereas these measures also have a substantial budgetary impact and a growing share of the costs in this field is borne by the private sectormust respect the rights enshrined in the Charter of Fundamental Rights of the European Union, and any measure adopted in this field has a reciprocal impact on civil liberties,
Amendment 64 #
2010/2311(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 68 #
2010/2311(INI)
Motion for a resolution
Recital G
Recital G
G. whereas mass surveillance has become a key featureis a key element of counter-terrorism policies, and whereas the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behaviouralthreat analysis are all used for the purpose of preventing terrorism; whereas public authorities are making more and more use of data collected for commercial or private purposesessential instruments for protecting people and infrastructure,
Amendment 81 #
2010/2311(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly welcomes the Commission Communication; regrets, however, that the scope is rather narrow, limited to the implementation of agreed policy measures, and not nhowever, regrets that there has not been a more thorough investigation into possible legal loopholes or the possible overlapping or duplicational of counter- terrorism policies or national measures that transpose policies agreed at European or international levelactions and instruments in the body of Community law;
Amendment 84 #
2010/2311(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores also the fact that the Communication does not sufficiently cover measures taken by DGs other than JLS (such as TRAN or MARKT) and that it does not give a cleadevelop in greater idea how the measures interact and where there is overlap or gaps; is of the opinion that all the above levels must also be considered, as European, national and international measures are complementary and assessing individual measures does not provide a complete picture of the impact of counter-terrorism policies in Europetail the way in which the measures taken by other DGs such as TRAN or MARKT interact;
Amendment 88 #
2010/2311(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that counter-terrorism policies should meet the standards set with regard to civil liberties, the rule of law and democratic scrutiny and accountability, and that assessing whether these standards are met must be an integral part of an evaluatare developed in accordance with the provisions of Community primary law and, in particular, give priority to respecting the rights enshrined in the Charter of Fundamental Rights of the European Union;
Amendment 112 #
2010/2311(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a propern evaluation of ten years of counter-terrorism policies must provide the basis for an evidence-based, needs-driven, coherent and comprehensive EU counter-terrorism strategy by means of an in-depth and complete appraisal to beable to meet caurried out by a panel of independent expertent and future needs;
Amendment 130 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
Amendment 135 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point d
Paragraph 5 – point d
d. examine whether the current instruments for assessing the impact on privacy and civil liberties are adequate;eleted
Amendment 142 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point e
Paragraph 5 – point e
e. identify where further law enforcement powers are needed or, inversely, where the powers granted are excessive and go beyond what is necessaryexamine how effective and appropriate the powers entrusted to EU agencies and services are in the fight against terrorism;
Amendment 148 #
2010/2311(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to map out which measures have objectives other than counter-terrorism, or where further objectives were added to the initial purpose of counter-terrorism (mission creep and function creep), such as law enforcement, immigration policies,identify all horizontal measures specifically related to counter-terrorism, such as those stemming from policies on immigration, on the fight against people trafficking, arms trafficking, drug trafficking, money laundering and cybercrime, as well as on public health, and orn public order;
Amendment 151 #
2010/2311(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 161 #
2010/2311(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 165 #
2010/2311(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 166 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point a
Paragraph 11 – point a
Amendment 169 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point b
Paragraph 11 – point b
Amendment 173 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point c
Paragraph 11 – point c
c. provide an overview of the classification of documents, trends in the use of classification, and numbers and trends in access granted or denied to documents relating to counter-terrorism policies; documents made available to Parliament must also be consulted in a secure room;
Amendment 174 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point d
Paragraph 11 – point d
d. an overview of the use made of external consultants and (independent) expertise in areas such as (international) law, data protection and civil liberties, and security in the context of European counter- terrorism policies;eleted
Amendment 176 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point f
Paragraph 11 – point f
Amendment 178 #
2010/2311(INI)
Motion for a resolution
Paragraph 11 – point g
Paragraph 11 – point g
Amendment 181 #
2010/2311(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls onfor the Ccommissionpetent legal authorities to investigate and rectify unlawful action and violations of international law and human rightsany illegal acts in the event of infringements against the prevailing legal order;
Amendment 195 #
2010/2311(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 202 #
2010/2311(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Council to open an investigation into the possible the collection of personal data – if such collection has taken place – for law enforcement purposes without an adequate legal base or by applying irregular, or even illegal, procedures;
Amendment 207 #
2010/2311(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to conduct a compulsory proportionality test and a full impact assessment for each proposal involving the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behavioural analysisubmit any future communications on the relationship between the new legal instruments for information exchange, their interaction and the best practices for usimilar techniquesng them;
Amendment 209 #
2010/2311(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the European Data Protection Supervisor and the Fundamental Rights Agency to report annuallyon the level onf profiling, data mining and detection and identification techniques used in Europe for ctection of fundamental rights and personal data in the field of EU Counter-tTerrorism (and possibly other) purposesPolicy;
Amendment 218 #
2010/2311(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 220 #
2010/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to launch proposals for strengtheningensure the protection of civil liberties, transparency and democratic scrutiny in the context of counter-terrorism policies, such as improving access to documents by creating an EU Freedom of Information Act and strengthening the Fundamental Rights Agency, the EDPS and the Article 29 WP;
Amendment 68 #
2010/2308(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Regards terrorism as a constantly changing phenomenon, which should be combated with a counter-terrorism policy that responds to such development; welcomes, therefore, the measures adopted in the field of aviation security, relating to both baggage checks and passenger-inspection systems;
Amendment 69 #
2010/2308(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Recalls the importance of the European Parliament as regards preventing and combating terrorism and related activities, essentially in relation to the funding of terrorism, within the framework laid down in Article 75 of the TFEU; calls on the Commission to consider, as soon as possible, the definition of administrative measures as regards the freezing of assets to prevent and combat terrorism and related activities;
Amendment 133 #
2010/2235(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
Amendment 172 #
2010/2235(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Reiterates the importance of maintaining infrastructure in a good condition and considers this to be one of the most effective ways of improving road security; urges Member States to take corrective measures on those sections of the road network where there are a high number of accidents;
Amendment 5 #
2010/2206(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the tourism sector accounts for 10 % of GDP and 12 % of total employment, is largely made up of micro-, small and medium-sized enterprises, is the main resource for some EU regions, such as the islands, and plays a key role in the EU’s economic development and cohesioneconomic, social and regional cohesion of the EU and in achieving the goals of the EU 2020 strategy,
Amendment 14 #
2010/2206(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, under the Lisbon Treaty (Article 195), tourism has become a specific competence of the EU, allowing the latter to support and complement actions within the Member States to promote the competitiveness of EU businesses in that sector, while excluding any harmonisation of the legal and regulatory provisions of the Member States,
Amendment 17 #
2010/2206(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, on the basis of this new competence and in full compliance with the principle of subsidiarity, an EU strategy with clear and ambitious goals needs to be drawn up, in full compliance with the principle of subsidiarity and avoiding over-regulation of the sector,
Amendment 44 #
2010/2206(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Agrees with the Commission’s proposal that a ‘European label’ be developed in conjunction with the Member States and with national tourism agencies, under which, while respecting territorial diversity, the concept of Europe as a whole should be promoted worldwide as a tourist destination; emphasises that EU tourist promotion initiatives should complement and be coordinated with those of the Member States and regional and local authorities, and avoid favouring any European destinations over others;
Amendment 51 #
2010/2206(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need for an active competition policy monitoring any trend towards concentration of the sector or abuse of a dominant position;
Amendment 64 #
2010/2206(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers it advisable, while respecting the EU’s rights and duty to control entry across its own borders, for the European institutions’ and the Member States’ consciousness of these markets to be heightened so that visa procedures are coordinated and simplified, with consideration given to establishing common consular desks across the EU to to promote the common visa policy with the aim of simplifying visa procedures and creating common visa application centres, ensureing that visasuch procedures are implemented on time and bureaucratic costs reduced;
Amendment 67 #
2010/2206(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to consider alternative ways of simplifying the issue of tourist visas, such aspromote the measures laid down in the common visa policy with the aim of simplifying the issue of tourist visas, basing its action on the principles of reciprocity, for instance by setting up ‘group tourism visas’ for group organisers;
Amendment 71 #
2010/2206(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Asks the Member States, in view of various emergency situations that place tourists abroad in danger, to consider whether it would be appropriate to codify a uniform procedure for issuing notices advising against travel, creating a single European code for the seriousness of the situations concerned and acknowledging in worst case scenarios the right of operators to apply for Community aid, within the limits of the funds available;
Amendment 77 #
2010/2206(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to foster innovation and technological development in SMEs so that they may more effectively market their products and promote destinations; urges the Commission to create an ‘ICT and Tourism’ platform, launching a specific pilot project by the end of 2011 to boost the participation of micro-enterprises and SMEs in the digital supply chain, following on from the experience of other sectors such as textiles, transport and logistics and the automobile industry; calls for initiatives designed to promote e- commerce in the industry and eliminate remaining barriers to the development thereof within the internal market;
Amendment 80 #
2010/2206(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the entrepreneurial spirit to be promoted and supported in the industry, giving special attention to women and young people, and for access to funding, especially to microloans, to be facilitated for SMEs and self-employed workers;
Amendment 83 #
2010/2206(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess, in close collaboration with the Member States and operators in the sector, innovative ways of promoting ad hoc European package holidayswhat action they can take during the major international events that Europe will be hosting in the next few years (for example, the 2012 Olympic Games in London, the 2015 Milan Universal Exhibition, etc.) with a view to promoting ‘destination Europe’ with all its rich diversity;
Amendment 94 #
2010/2206(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that the EU tourism policy should not lead to an unnecessary proliferation of labels; considers that the added value of proposals to create new labels should be justified by sound impact assessments and take best practices in the Member States into account, and that the sector and social partners should be involved in the drafting process;
Amendment 100 #
2010/2206(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the number of labels should be restricted, to prevent possible confusion amongst consumers and excessive burdens on enterprises and to make them more easily recognisable; calls therefore on the Commission to assess at a future date wheth, Member States and stakeholders the ‘European quality label’ and the ‘Eco-label for tourist accommodation service’ could be gradually merged under the heading of one labelo avoid the proliferation of labels, by promoting existing instruments and best practices, tacking stock of what has already been developed;
Amendment 104 #
2010/2206(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Asks the Commission to promote a specific initiative to harmonise gradually the accommodation classification systems through the identification of common minimum criteria, bearing in mind the positive results of earlier experiments by industry associations and working in close collaboration with standardisation bodies and representatives of the sector;
Amendment 121 #
2010/2206(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission, in collaboration with the Member States, to exploit and promote vocational and university training schemes already existing in the tourism sector and to network and further encourage them, maintaining close contact with the world of research and business, and emphasises the need to promote lifelong learning;
Amendment 134 #
2010/2206(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises the close link between tourism and transport and asks the Commission and the Member States to make every effort to modernise the infrastructure, encourage co-modality and to adopt suitable measures to manage tourism flows, in particular seasonal peaks and emergencies of different kinds; calls for progress in the development of Trans- European Transport Networks, especially the ‘motorways of the sea’;
Amendment 141 #
2010/2206(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to promote the use of more sustainable means of transport and to pay particular attention to connections with islands, rural areas and mountainous areas and, more generally, with less accessible destinations, and to the development of their transport infrastructure;
Amendment 197 #
2010/2206(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32a. Calls for the effects of climate change to be taken into account in the EU’s new tourism policy framework; highlights the particular vulnerability of coastal regions, islands and mountain regions to the environmental effects of tourism and climate change, and stresses the need to adopt measures to prevent and counteract these;
Amendment 200 #
2010/2206(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that adequate funds need to be invested in a coastal, island and marine tourism strategy in order to protect the European coastline from erosion, safeguard its environmental and animal heritage and improve water quality, all with the aim of developing a sustainable and good quality beach and underwater tourism; in this respect, welcomes the Commission initiative to develop a strategy for sustainable coastal and marine tourism, and calls for the development of similar specific strategies for the islands, mountain regions and other vulnerable areas;
Amendment 203 #
2010/2206(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reasserts the importance of beach tourism as a feature of some European coastal regions and calls on the CommissionMember States, in accordance with Community law, to examine the possibility of a special derogation to Directive 2006/123/EC as a means of introducing measures to safeguardintroduction of compensatory measures to alleviate the losses inflicted on tourist operators by the introduction of new legislation resulting in the loss of acquired rights and which causes losses linked to unamortized investments on refurbishing facilities or ensuring they conformed with the legislation previously in force; calls on the Member States to introduce incentives for investments made by operators into refurbishing facilities and improvinge the quality of customer services;
Amendment 206 #
2010/2206(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission and the Member States to support, under an integrated maritime policy, the development of port infrastructure, an essential factor in maritime tourism, in cruise ship tourism which, despite the recent crisis, is a growth sector and in sports tourism;
Amendment 225 #
2010/2206(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Encourages the Commission to foster a progressive reduction in the seasonal nature of tourism by continuing; stresses the great potential of social tourism in countering the seasonal nature of tourism and urges the Commission to continue to build on the results, so far positive, of the preparatory action ‘Calypso’; calls, furthermore, on the Commission to press ahead with an exchange programme allowing specific categories of people, starting with the most disadvantaged, to take holidays, particularly during the low season and even travelling across national borders;
Amendment 250 #
2010/2206(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Emphasises that tourism should continue to play an important role in cohesion policy within the framework of the 2014-2020 financial perspective; calls for the Structural Fund rules to include among their priorities the rehabilitation of tourist areas in decline in order to guarantee their competitiveness and sustainability;
Amendment 9 #
2010/2154(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that any counterterrorism measure should therefore be in full accordance with the fundamental rights and obligations of the European Union, which are necessary in a democratic society and must be proportionate, prescribed by law and thus delimited within the specific aim it wishes to achieveRecalls that the sole objective of any counterterrorism measure is to guarantee citizens' safety, based on criteria of proportionality and respect for fundamental rights and civil liberties;
Amendment 22 #
2010/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 27 #
2010/2154(INI)
Paragraph 3 a (new)
3a. Points out that the decision to install security scanners at airports falls within the sphere of competence of the Member States, and in this context they must meet the minimum common standards and requirements set by the European Union, without prejudice to the right of the Member States to apply more stringent measures;
Amendment 28 #
2010/2154(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Proposes that, once common rules on the use of security scanners have been laid down, the Commission should revise them where necessary to adapt the provisions on the protection of health and fundamental rights to technological progress;
Amendment 29 #
2010/2154(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Member States to periodically monitor the long-term effects of exposure to security scanners, taking new scientific developments into account, and to check that the equipment has been correctly installed and is properly used and operated;
Amendment 30 #
2010/2154(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for every bodsecurity scanner to meet a minimum set of technical requirements before it can be placed on a permissible screening methods list; these requirements should inter alia ensure the prevention of any possible health risk, including long- term risks;, calls in this regard for any form of x-ray technology to be explicitly excluded from the permissible scomply with European and national legislation in relation to the ALARA principle, pay particular attention to groups considered vulnerable and prevening methods listt the use of imaging technology based on X-ray transmission;
Amendment 61 #
2010/2154(INI)
Paragraph 8
8. Calls for people who are willing to be submitted to a body scan to be properly and comprehensibly informed about the body scanner, including their right to refuse to be submitted to a body scan andTakes the view that people undergoing checks should receive all the necessary information in advance, particularly regarding the operation of the scanner concerned, what images can be seen and by whom, the conditions in place to protect their rights to complain and seek redress in case of perceived irregularities related to the body scan or theirintimacy, privacy and data protection, the impact on people's health, the possibility of refusaling to be submitted to it and the subsequent standard security checkpass through the scanner and the alternative control methods available to them;
Amendment 65 #
2010/2154(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Proposes, more specifically, that the Commission should revise the, having established common rules on the use of security scanners to ensure tha, should revise these rules when necessary, to adapt the provisions on the protection of health and fundamental rights are adapted to technological progress;
Amendment 70 #
2010/2154(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screeninguse of protection scanners as a control method should be extensively justified in an impact assessment covering inter alia the fundamental rights aspect of body scanners and the possible health risks, taking into account the opinions of the European Union, international and national human rights and dthe possible health risks and risks relating to the degree of protection for fundamental rights, including the protection of personal data, for which purpose account must be taken of the recommendations made by the European Data pProtection authorities, such as the EDPS, the FRA and the UN Special Rapporteur on the Protection of Human Rights while Countering TerrorismSupervisor, the Article 29 Working Party and the European Union Agency for Fundamental Rights;
Amendment 82 #
2010/2154(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises the right of passengers to complain about any irregularity arising from security checks carried out both using security scanners and using other alternative means, where passengers do not wish to submit to a security scan;
Amendment 85 #
2010/2154(INI)
Paragraph 10
Amendment 87 #
2010/2154(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reiterates and upholds its standpoint that the ban on carrying liquids should come to an end in 2011 and 2013 if the technological effectiveness of the tools provided for the purpose of preserving security is confirmed; invites Member States and airports to take all necessary action to ensure that adequate technology is available in good time so that the scheduled end of the ban on carrying liquids does not have the effect of undermining security;
Amendment 88 #
2010/2154(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Takes the view that checks on cargo and mail, based on a risk analysis, should be proportional to the threats posed by transporting them and that adequate security should be provided, particularly where cargo and mail are carried in passenger planes; takes the view that the level of security for cargo still varies from one Member State to another and, in line with the objective of one-stop security, the Member States should ensure that the existing measures relating to European cargo and mail are correctly applied;
Amendment 184 #
2010/2154(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Stresses the importance of information at customs in order to assesspotential of Customs' information for calculating the risk associated with a specific consignment;s and asks the Commission to consider whether information equipment at customs offices should be expandedtinue its work on the possible use of Customs' electronic systems for aviation security purposes;
Amendment 10 #
2010/2137(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to create and monitor fair competition within and between the transport modes in pricing structures and respecting social, safety and environmental rules, for example between road, waterway and rail freight transport or between short distance flights and long distance rail transport for passengerorder to generate transparent and clear pricing structures and pricing policies;
Amendment 8 #
2010/2040(INI)
Motion for a resolution
Recital D
Recital D
D. Whereas a successful IMP should be based on excellence in marine research, technology and innovation and should lead to a one-stop-shop approach in decision- making and therefore to a reduction of duplication of regulatory powers, while taking into considerationregarding each of the marine regionals and local specificities,subregions;
Amendment 17 #
2010/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the Commission, therefore, to come up with an overarching, cross- sectoral strategy for sustainable growth in coastal regions and maritime sectors by 2013, based on a broad investigation of potentials and policy options and on broad stakeholder consultation; considers that one element of this strategy should be a new, integrated approach to strengthening Europe’s world leadership in maritime engineering across sectors such as shipbuilding, off-shore energy development and technologies; another aspect must be to find solutions at an international level to eradicate practices of unfair competence within the shipbuilding industry;
Amendment 21 #
2010/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to learn the lessons of the oil spill catastrophe in the Gulf of Mexico, to identify all possible legislative loopholes at EU and Member State level and to adjust as quickly as possible all relevant EU legislation accordinglyencourage Member States to fully implement the already existing international legal framework as defined by the relevant IMO's international conventions and in parallel to identify all possible legislative loopholes at EU and Member State level and to adjust as quickly as possible all relevant EU legislation accordingly; moreover underlines that due to the scale of the Gulf of Mexico's catastrophe, considers it necessary to find solutions at an international level in cases of cross- border contamination;
Amendment 34 #
2010/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission to ensure that the new IMP will receive appropriate funding in the next financial perspective, and to study, as one option, the Committee of the Regions’ proposal of a coastal fund through a proportional contribution from each stakeholder affected by this policy;
Amendment 86 #
2010/2040(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Asks the Commission to come up with a strategy to mitigatetake into consideration the specific impacts of climate change on coastal regions, as a follow-up toin accordance with the White Paper on Climate Change;
Amendment 42 #
2010/0303(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Based on the findings of the external evaluation, the recommendations by the Administrative Board and the multi-annual strategy, some provisions of Regulation (EC) No 1406/2002 should be clarified and updated. Furthermore, the Agency should receive a number of additional tasks reflecting the development of the maritime safety policy at EU and international level. Considerable screening and redeployment efforts are necessary to guarantee cost and budget efficiency. This should allow one third of additional sStaffing needs for the new tasks toshould be covered as far as possible through internal redeployment by the Agency.
Amendment 47 #
2010/0303(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Agency should act in the interest of the Union and following Commission guidelines, with a view to ensuring a high, uniform and effective level of maritime security and protection, and preventing and tackling marine pollution. This should include that the Agency may act outside the territory of the EU in its fields of competence.
Amendment 49 #
2010/0303(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Agency should bring additional, cost-effective measures to support the response to marine pollution, including any pollution from gas and oil installations on the high seas, at the request of a Member State. In the event of marine pollution in a non-member State, the request should be made by the Commission.
Amendment 57 #
2010/0303(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) With a view to achieving the single market in the EU, short-distance maritime transport should be used as much as possible and the administrative burden on shipping should be reduced. The ‘Blue Belt’ operating system will help to reduce the reporting formalities required from commercial shipping on entering or leaving ports in Member States.
Amendment 61 #
2010/0303(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to contribute to the establishment of a ‘Single European Sea’ and to help prevent and combat marine pollution, synergies should be created between national enforcement authorities, including national coastguard services.
Amendment 72 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1406/2002
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a European Maritime Safety Agency (‘the Agency’). The Agency shall act in the interest of the Union and following Commission guidelines, with a view to ensuring a high, uniform and effective level of maritime security and protection, and preventing and tackling marine pollution.
Amendment 75 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1406/2002
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Agency shall provide the Member States and the Commission with the technical and scientific assistance needed and with a high level of expertise, in order to help them to apply the Union legislation properly in the field of maritime safety, maritime security, prevention of marine pollution caused by ships, to monitor its implementation and to evaluate the effectiveness of the measures in place.
Amendment 88 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1406/2002
Article 2 – paragraph – 2 point d
Article 2 – paragraph – 2 point d
d) in the development and implementation of EU policies related to the Agency's tasks such as Motorways of the Sea, the European m, paritime space without barriers, e-maritime, inland waterways, the Marine Strategy Framework Directive, climate changecularly those in the field of maritime safety, and in the analysis of the safety of mobile offshore gas and oil installations;
Amendment 98 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1406/2002
Article 2 – paragraph 3 – point b a (new)
Article 2 – paragraph 3 – point b a (new)
(ba) support the monitoring of the recognised organisations that carry out certification tasks on behalf of the Member States in accordance with Article 9 of Directive 2009/15 without prejudice to the rights and obligations of the Flag State, under the supervision of the Commission;
Amendment 99 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1406/2002
Article 2 – paragraph 3 point b b (new)
Article 2 – paragraph 3 point b b (new)
bb) assist the European Commission in completing the tasks described in Articles 3, 5, 6, 7 and 8 of Regulation (EC) No 391/2009, and advise on the application and implementation of Article 10 of said Regulation;
Amendment 103 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1406/2002
Article 2 – paragraph 3 – point c a (new)
Article 2 – paragraph 3 – point c a (new)
ca) gather and analyse national data on the qualifications and employment of seafarers so as to share best practice in the training of seafarers across Europe;
Amendment 116 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1406/2002
Article 2 – paragraph 4 – point b a (new)
Article 2 – paragraph 4 – point b a (new)
ba) regarding oil spills from offshore oil and gas installations, the Agency shall, at the request of Member States and after notifying the Commission thereof, use its CleanSeaNet service to monitor the extent and environmental impact of such spills;
Amendment 134 #
2010/0303(COD)
Proposal for a regulation
Article 1 - point 3a
Article 1 - point 3a
Regulation (EC) No 1406/2002
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
(3a) Article 11, paragraph 1, subparagraph 2 shall be amended as follows: Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety, security and response to marine pollution. They shall also have experience and expertise in general financial management, administration and personnel management.
Amendment 140 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1406/2002
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Executive Director shall be appointed and dismissed by the Administrative Board. The appointment shall be made from a list of candidates proposed by the Commission for a period of five years on grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for maritime safety, maritime security, prevention of pollution caused by ships and response to marine pollution. Before appointment, the candidate selected by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. The Administrative Board shall take its decision by a four- fifths majority of all members with the right to vote.
Amendment 142 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 1406/2002
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Heads of Department shall be appointed on grounds of merit and documented administrative and managerial skills, as well as professional competence and experience relevant for maritime safety, maritime security, prevention of pollution caused by ships and response to marine pollution. The Heads of Department shall be appointed or dismissed by the Executive Director after having received a positive opinion of the Administrative Board.
Amendment 144 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 1406/2002
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Within one year of the entry into force of this Regulation the Commission shall submit a feasibility study on a national coastguard coordination system, making clear the costs and the benefits, to the European Parliament and the Council. The report shall, if appropriate, be accompanied by a legislative proposal.
Amendment 145 #
2010/0303(COD)
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 1406/2002
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. Within [three] years of the entry into force of this Regulation the Commission shall submit a report to the European Parliament and the Council setting out how EMSA has undertaken the additional responsibilities assigned by this Regulation and the case for further extending its objectives or tasks. In particular, this report shall include: (a) an analysis of the gains in effectiveness that have been realised through greater integration of the Agency and the Paris Memorandum of Understanding; (b) a study into the costs and benefits of EMSA undertaking inspections of offshore installations as an ‘independent third party oversight’; (c) information about the effectiveness and consistency of Member States’ enforcement of Directive 2005/35/EC and detailed statistical information about the penalties that have been applied. The report shall, if appropriate, be accompanied by a legislative proposal.
Amendment 179 #
2010/0253(COD)
Proposal for a directive
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
(e) maintenance facilities, with the exception of heavy maintenance services supplied in including cleaning and washing facilities and other technical facilities, with the exception of heavy maintenance facilities exclusivemainly dedicated to specific types of rolling stock, and other technical facilities, including cleaning and washing facilities;
Amendment 22 #
2010/0063(COD)
Proposal for a regulation
Article 2 - paragraph 1 - point m a (new)
Article 2 - paragraph 1 - point m a (new)
(ma) ‘same-day visits’ shall mean visits by people travelling within the space of a single day for purposes of tourism and/or recreation.
Amendment 32 #
2010/0063(COD)
Proposal for a regulation
Annex II - Section 2 - point 17 a (new)
Annex II - Section 2 - point 17 a (new)
17a. Expenditure Annual of the individual tourist during the trip on catering
Amendment 112 #
2009/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. FindStates that the development of passenger and freight transport as a whole raises the issue not of the transfer of traffic but rather of the effective use of the various modes ofas part of a new concept of ‘effective comodality’, based on mutual or reciprocal complementarity, no mode of transport should be penalised before its function is substituted with another theoretically more effective function; states that, in this regard, imposing measures on road freight transport, and that the goal of European transport policy should therefore be effective comodalitymake it unviable seriously threatens efforts to achieve a single European market;
Amendment 137 #
2009/2096(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Once effective instruments, such as digital tacographs, are available to control working time, it will be important to avoid any rigidity, taking approaches that promote flexibility and do not prevent drivers from reconciling their working and family life;
Amendment 144 #
2009/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Finds that transport plays an essential role in completing the European Single Market and the freedom of movement of people and goods, and that regulated market opening should be achieved, primarily in rail transport; this complete market opening should be accompanied bywill benefit consumers and should be accompanied by a long- term investment plan, stronger measures to promote technical interoperability and other measures aimed at avoiding distortions of competition, inter alia in the social, fiscal and environmental fields;
Amendment 164 #
2009/2096(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. In order to achieve efficient maritime transport that complements other modes, it is essential once again to focus on a clear liberalisation process so that it can be truly competitive;
Amendment 263 #
2009/2096(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. It is absolutely essential to increase the economic and financial resources available for the creation of a European infrastructure network, with emphasis on resources for cross-border sections, with a view to guaranteeing the accessibility of the territories. The mid-term revision of the financial perspective must take account of the evident inadequacy of the resources it has envisaged for this purpose;
Amendment 71 #
2009/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Safety investigation of accidents and incidents should be carried out by or under the control of an independent safety investigation authority in order to avoid any conflict of interest and any possible external interference in the determination of the causes ofoncurrent factors relating to the occurrences being investigated.
Amendment 89 #
2009/0170(COD)
Proposal for a regulation
Article 2 – introductory phrase – point 4 CE
Article 2 – introductory phrase – point 4 CE
(4) 'causefactors' means actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident; the identification of causefactors does not imply the assignment of fault or the determination of administrative, civil or criminal liability;
Amendment 95 #
2009/0170(COD)
Proposal for a regulation
Article 2 – point 12
Article 2 – point 12
(12) 'safety investigation' means a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of cause(s) and/or contributingcurrent factors and, when appropriate, the making of safety recommendations;
Amendment 129 #
2009/0170(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. To ensure proper coordination of inquires into the causes ofoncurrent factors relating to accidents and incidents, the safety investigation authority shall cooperate with other authorities in particular through advance arrangements with the judicial, civil aviation, search and rescue and other authorities likely to be involved in the investigation.
Amendment 162 #
2009/0170(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Member States shall ensure that a plan for the assistance of the victims of civil aviation accidents and their families is set up at national level. They shall also ensure that the individual identification of all victims is carried out using rigorous and foolproof methods and as rapidly as possible.
Amendment 53 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 54 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 57 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) UCITS or their management or investment companies authorised in accordance with Directive 2009/…/EC [the UCITS Directive] in so far as those management or investment companies do not manage AIF;
Amendment 58 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 59 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 60 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 61 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) national central banks;
Amendment 63 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g b (new)
Article 2 – paragraph 2 – point g b (new)
Amendment 65 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 66 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 109 #
2009/0064(COD)
Proposal for a directive
Article 14 – subparagraph 2
Article 14 – subparagraph 2
Where the value of the portfolios of AIF managed by the AIFM exceeds EUR 250 million, the AIFM shall provide an additional amount of own funds; that additional amount of own funds shall be equal to 0.02 % of the amount by which the value of the portfolios of the AIFM exceeds EUR 250 million. However, the required total of the initial capital and the additional amount must not exceed EUR 10 million.
Amendment 110 #
2009/0064(COD)
Proposal for a directive
Article 14 – subparagraph 4 – point b a (new)
Article 14 – subparagraph 4 – point b a (new)
(ba) notwithstanding points (a) and (b) above, portfolios of AIF meeting the following criteria shall be excluded from the calculation of the value of the portfolios of the AIFM: AIF which (i) are not leveraged; (ii) have no redemption rights exercisable during a period of five years following the date of setting-up of each AIF; and (iii) according to their investment strategy and objectives, make investments and divestments solely on a non-frequent basis. Member States shall require that the initial capital of AIFM managing solely AIF which fulfil the conditions of the point (ba) is at least EUR 50 000.
Amendment 127 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. This Article shall not apply in respect of an AIF which is a private equity fund.
Amendment 152 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
Amendment 225 #
2009/0064(COD)
Proposal for a directive
Article 26
Article 26
Amendment 237 #
2009/0064(COD)
Proposal for a directive
Article 27
Article 27
Amendment 257 #
2009/0064(COD)
Proposal for a directive
Article 28
Article 28
Amendment 276 #
2009/0064(COD)
Proposal for a directive
Article 29
Article 29
Amendment 302 #
2009/0064(COD)
Proposal for a directive
Article 30
Article 30
Amendment 312 #
2009/0064(COD)
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
An AIFM may only market shares or units of an AIF domiciled in a third country to professional investors domiciled in a Member State, if the third country has signed an agreement with this Member State which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention and ensures an effective exchange of information in tax matters.
Amendment 322 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – introductory wording
Article 39 – paragraph 1 – introductory wording
1. Member States mayshall authorise, in accordance with this Directive, AIFM established in a third country to market units or shares of an AIF to professional investors in the Community under the conditions of this Directive, provided that:
Amendment 323 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) the AIFM is subject to authorisation or registration in the third country in which it is established and the third country is the subject of a decision taken pursuant to paragraph 3(a) stating that its legislation regarding prudential regulation and on-going supervision is reasonably equivalent to the provisions of this Directive and is effectively enforced;
Amendment 324 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
Amendment 326 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) the supervisory authority of the AIFM in the third country is a signatory to the IOSCO Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange Of Information, or a cooperation-agreement between the competent authorities of that Member State and the supervisor of the AIFM exists which ensures an efficient exchange of all information that areis relevant for monitoring the potential implications of the activities of the AIFM for the stability of systemically relevant financial institutions and the orderly functioning of markets in which the AIFM is active.;
Amendment 328 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
(e) the third country has signed an agreement with the Member State in which it applies for authorisation which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention and ensures an effective exchange of information in tax matters.
Amendment 330 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1 – point a
Article 39 – paragraph 2 – subparagraph 1 – point a
(a) reasonable general equivalence criteria for the equivalence and effective enforcement of third country legislation on prudential regulation and on-going supervision, based on the requirements laid down in Chapters III, IV and Vtaking into consideration any international standards directly relating to the relevant type of AIFM or to the AIF it manages which are issued by IOSCO or another international organisation in which the competent authority, the Member State, the Commission or the European Securities and Markets Authority is a participant and taking account of the fact that the type and level of regulation and supervision may vary and in particular that AIF and AIFM of different types, sizes and complexity may be subject to different types and levels of regulation and supervision.
Amendment 331 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1 – point b
Article 39 – paragraph 2 – subparagraph 1 – point b
Amendment 334 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(a) that the legislation on prudential regulation and ongoing supervision of AIFM in a third country is reasonably equivalent to this Directive with respect to AIFM and AIF of a given size, type or complexity and effectively enforced;
Amendment 336 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
Amendment 337 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3 a. The Member State which grants such authorisation to an AIFM established in a third country shall be deemed to be the home Member State of the AIFM for the purposes of this Directive. The authorisation shall be valid for all Member States in relation to marketing the units or shares in AIF, and a third- country AIFM which has been authorised by a Member State under this Article shall have the same rights and be subject to the same obligations under Chapters IV, V, VI and Articles 16 and 17 of Chapter III of this Directive in relation to such marketing as an AIFM which is authorised under Chapter II of this Directive.
Amendment 351 #
2009/0064(COD)
Proposal for a directive
Article 51
Article 51
AIFM operatingestablished in the Community before [the deadline for the transposition of this Directive] shall adopt all necessary measures to comply with this Directive and shall submit an application for authorisation within one year ofthree years of the transposition of this Directive. AIFM shall not be required to comply with this Directive or submit an application for authorisation to provide management services in respect of AIF established before the deadline for the transposition of this Directive.
Amendment 352 #
2009/0064(COD)
Proposal for a directive
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
1a. An AIFM may apply for authorisation under this Directive in order to market in the Community in accordance with this Directive AIF which were established before the deadline for the transposition of this Directive subject to the provision to the competent authorities of the information referred to in Articles 31 and 33 and to investors of the information referred to in Article 20.
Amendment 353 #
2009/0064(COD)
Proposal for a directive
Article 51 – paragraph 1 b (new)
Article 51 – paragraph 1 b (new)
1b. Articles 31 to 33 of this Directive shall not apply to the marketing of shares or units of AIF that are subject to a current offer to the public under a prospectus that has been drawn up and published in accordance with Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading1. ________________________________ 1 OJ L 345, 31.12.2003, p. 64.
Amendment 39 #
2009/0005(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States must make every effort to follow international trade practices when drawing up FAL forms, to ensure they are easy to understand.
Amendment 57 #
2009/0005(COD)
Proposal for a directive
Article 8
Article 8
Ships falling within the scope of Directive 2002/59/EC and moving between ports situated in the European Community’s customs territory, but which do not come from, call in to or are headed towards a port situated outside that territory or a free zone subject to type I controls under customs legislation shall be exempt from the obligation to send the information referred to in the FAL forms, without prejudice to the applicable Community legislation and the possibility that Member States may request that the information in the FAL forms referred to in Points 2, 3, 4, 5 and 6 of Annex I be sent.
Amendment 11 #
2008/2218(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the first attempts at developing an EU transport infrastructure policy, inspired by the 'missing links' of the European Roundtable of Industrialists (ERT), were boosted by the White Paper of 1993 by former Commission President Jacques Delors, with the justification to "achieve economic growth, competitiveness and employment" and were put on track by former Transport Commissioner Karel Van Miert; notes that Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks and Decision No 884/2004/EC tried to be oriented towards the abovementioned aims; and draws attention to the stimulus given to this policy by the Commissioner responsible for energy and transport matters, Vice-President Loyola de Palacio;
Amendment 109 #
2008/2218(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Regrets the slow pace of implementation of priority projects in border sections, particularly those in the Pyrenees that are vital for the Iberian Peninsula and France;
Amendment 77 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 9 – paragraph 1
Article 9 – paragraph 1
1. On departure from, transit through or arrival at a port, the Carrier shall be responsible for ensuring the provision of the assistance specified in Annex II to disabled persons and persons with reduced mobility free of charge in such a way that person is able to board the departing service, or to disembark from the arriving service for which he purchased a ticket, without prejudice to The port authority and the Carrier shall agree on a protocol laying down responsibilities pursuant to this Regulation, covering passenger transit at the port at bothe access rules referred to in Article 8(1)rrival and departure.
Amendment 100 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Carriers shall publish their quality standards in an accessible format.
Amendment 114 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. This Article shall not apply where the delay or cancellation is caused by exceptional circumstances hindering the performance of the transport service, which could not have been avoided even if all reasonable measures had been taken.
Amendment 121 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. This Article shall not apply where the delay or cancellation is caused by exceptional circumstances hindering the performance of the transport service, which could not have been avoided even if all reasonable measures had been taken.
Amendment 131 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 20 – paragraph 4
Article 20 – paragraph 4
4. This Article shall not apply where the delay or cancellation is caused by exceptional circumstances hindering the performance of the transport service, or by other circumstances which could not have been avoided even if all reasonable measures had been taken.
Amendment 135 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 20 a (new)
Article 20 a (new)
Article 20a Exceptional numbers of passengers The obligations laid down in Articles 18, 19 and 20 shall not apply in cases of exceptional numbers of passengers, save where the delay is the result of negligence on the Carrier's part. For the purposes of this Article, passenger numbers shall be considered exceptional where the authorities of a Member State are obliged to take special measures to safeguard public order or prevent the saturation of transport services or traffic at the port concerned. This shall also apply where the same circumstances arise regularly on the same dates.
Amendment 147 #
2008/0246(COD)
Proposal for a regulation – amending act
Annex II – paragraph 4
Annex II – paragraph 4
Temporary replacement of damaged or lost mobility equipment, albeit not necessarily on a like for like basis but with similar technical and functional characteristics.
Amendment 5 #
2008/0239(COD)
Proposal for a regulation – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) In the light of Article 299(2) of the EC Treaty on the outermost regions of the European Union and the Commission communication (COM (2008) 642) entitled 'The outermost regions: an asset for Europe', the Marco Polo programme must take account of the particular characteristics of the outermost regions.
Amendment 9 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EC) No 1692/2006
Recital 4
Recital 4
-1. Recital 4 is replaced by the following: '(4) The programme established by Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003 on the granting of Community financial assistance to improve the environmental performance of the freight transport system (the Marco Polo Programme) [3] should therefore be enhanced by new actions, aimed at an actual reduction in international road transport. The Commission therefore has proposed a stronger programme, hereinafter referred to as the "Marco Polo II Programme", or "the Programme", to enhance intermodality, reduce road congestion and improve the environmental performance of the freight transport system within the Community, and take account of the particular characteristics of the outermost regions (ORs). To achieve this objective, the Programme should support actions in the freight transport, logistics and other relevant markets, taking into account the needs of small and medium- sized enterprises (SMEs). It should help to shift at least the expected aggregate increase in international road freight traffic, but preferably more, to short sea shipping, with short distances being modulated in the case of the ORs, rail and inland waterway transport or to a combination of modes of transport in which road journeys are as short as possible. The Marco Polo Programme established by Regulation (EC) No 1382/2003 should therefore be replaced.'
Amendment 10 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Regulation (EC) No 1692/2006
Recital 7
Recital 7
-1a. Recital 7 is replaced by the following: '(7) Applicants should be able to submit new or, where appropriate, existing projects which best match current market needs. Suitable projects, in particular those taking into account the needs of SMEs, should not be discouraged by any over-rigid definition of eligible actions. These flexible criteria must also be extended to the specific case of the outermost regions (ORs) and their particular circumstances.'
Amendment 11 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Regulation (EC) No 1692/2006
Article 1
Article 1
-1b. Article 1 is amended as follows: 'Article 1 Subject matter This Regulation establishes a financing instrument, hereinafter referred to as "the Marco Polo II Programme" or "the Programme" in order to reduce congestion, to improve the environmental performance of the transport system and to enhance intermodal transport, thereby contributing to an efficient and sustainable transport system which provides EU added value without having a negative impact on economic, social or territorial cohesion, whilst taking account of the specific features of the ORs so that they can participate in it. The duration of the Programme shall be from 1 January 2007 to 31 December 2013 in order to achieve, by the end of the Programme, a traffic shift that is a substantial part of the expected yearly aggregate increase in international road freight traffic, measured in tonne- kilometres, to short sea shipping, rail and inland waterway transport or to a combination of modes of transport in which road journeys are as short as possible.'
Amendment 14 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point -a (new)
Article 1 – point 3 – point -a (new)
Regulation (EC) No 1692/2006
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(-a) Paragraph 1(a) is amended as follows: '(a) catalyst actions; those aimed at improving synergies in the rail, inland waterways and short sea shipping sectors, including Motorways of the Sea and the modulation of short distances in the case of the ORs, by better use of existing infrastructures in particular deserve specific attention;'
Amendment 15 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Regulation (EC) No 1692/2006
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
‘Motorways of the Sea actions; within the European Union such actions shall be consistent wiuse the the features of the Motorways of the Sea priority projectrans-European networks defined in the framework of Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network, without excluding the ORs' participation in those networks'.
Amendment 43 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to the carriage of passengers by bus and/or coach undertakings by means of regular international services.
Amendment 48 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Member States may exempt urban, suburban and reg, regional and international transport covered by public service contracts, if such contracts ensure a comparable level of passenger rights to that required in this Regulation.
Amendment 53 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 3 – point 12
Article 3 – point 12
(12) 'delay' means a difference between the time the passenger was scheduled to depart or to arrive in accordance with the published timetable and the time of his actual or expected departure or arrival in cases where the cause of the delay is attributable to the undertaking providing the service.
Amendment 55 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The ticket shall contain at least the name of the transport undertaking, the price, the route, the date and time of departure and the estimated arrival time, the luggage allowance and the stipulation that the transport undertaking must be notified of travel by persons with reduced mobility no later than 48 hours before the start of the journey.
Amendment 66 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the event of the death of, personal injury to, or any other physical or mental harm to, passengers, caused by an accident arising out of the operation of bus and coach transport services, the bus and/or coach undertaking shall without delay, and in any event not later than fifteen days after establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the damage suffered, provided that there is prima facie evidence of causes attributable to the transport undertaking.
Amendment 68 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Without prejudice to paragraph 1, tThe advance payment shall not be less than EUR 21 000 per passenger in the event of death from causes attributable to the transport undertaking.
Amendment 70 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Bus and/or coach undertakings shall be liable for the loss of or damage to luggage placed under their responsibility. The maximum compensation shall amount to EUR 1800 per passengero this end, an amount shall be established per kilogramme of luggage carried, subject to a limit, as is the case with other modes of transport, provided that the passenger has declared or checked in the luggage.
Amendment 37 #
2008/0195(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/15/EC
Article 3 – point i
Article 3 – point i
'(i) 'night work' shall mean work during a period of work which includes at least two hours work performed during the night time.'
Amendment 42 #
2008/0147(COD)
Proposal for a directive – amending act
Recital -1 a (new)
Recital -1 a (new)
(-1a) As a result of the new economic landscape facing Europe, and at a time when all sectors of economic activity and companies in the road freight sector are seeing a deterioration in their economic and financial structures, the review of this Directive should be postponed indefinitely. Nevertheless, with work under way on the review, it should be investigated whether the deadlines for its application can be extended.
Amendment 51 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 c – paragraph 3
Article 7 c – paragraph 3
3. The external-cost charge related to traffic-based air pollution shall not apply to vehicles which comply with the most stringent EURO emission standards until fourive years after the dates of application laid down in the rules which introduced those standards.
Amendment 63 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 f – paragraph 5
Article 7 f – paragraph 5
5. The amount of the mark-up shall be deducted from the amount of the external-cost charge calculated in accordance with Article 7c, except for vehicles of EURO emission classes 0, I and II.
Amendment 66 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 g – paragraph 3 – point (c)
Article 7 g – paragraph 3 – point (c)
(c) no infrastructure charge is more than 17500 % above the maximum level of the weighted average infrastructure charge as referred to in Article 7b; and
Amendment 67 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 g – paragraph 3 – point (d)
Article 7 g – paragraph 3 – point (d)
(d) the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed fivthree hours per day.
Amendment 69 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 8
Recital 8
(8) The costs of traffic-based air and noise pollution and congestion, such as health costs, including medical care, crop losses and other loss of production, and welfare costs, are borne within the territory of the Member State in which the use of transport takes place. The polluter pays principle will be implemented through the external cost charging and this will also contribute to the reduction of external costs. Given that the rationale behind this proposal is to protect the environment and combat climate change, it is reasonable to recommend that the Member States apply these measures not just to heavy goods vehicles but also to passenger cars.
Amendment 83 #
2008/0147(COD)
Council position – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall determine the use of revenues generated by this Directive. The revenues generated from external-cost charges, or the equivalent in financial value of these revenues, shouldall be used to benefit the transport sector, to make transport more sustainable and optimise the entire transport system, including the following: (a) facilitating efficient pricing; (b) reducing road transport pollution at source; (c) mitigating the effects of road transport pollution at source; (d) improving the CO2 and energy performance of vehicles; (e) developing alternative infrastructure for transport users and/or expanding current capacity; (f) optimising logistics; or (g) improving road safety; To enable the transport network to be developed as a whole, revenue from charges shall be used to benefit the road transport sector and optimise the road transport system.
Amendment 111 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) The authority which sets the external cost charge should also have no vested interest in setting the amount at an undue level and should therefore be independent from the body which collects and manages toll revenue. Experience has shown that adding a mark-up to tolls in mountainous areas in order to finance priority projects of the trans-European network is not a practicable option for infrastructure operators if the traffic diversion which may result from an increase of the toll is such that it implies a loss of revenue. To remedy this situation, a mark-up should be allowed on alternative routes to which traffic could otherwise be diverted.
Amendment 123 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 21
Recital 21
(21) Charging external costs through tolls will be more effective in influencing transport decisions if users are aware of these costs. They should accordingly be identified separately on a statement, a bill or an equivalent document from the toll operator. Furthermore, such a document may make it easier for hauliers to pass on the cost of the external cost charge to the shipper or any other clients. To this end, the European Commission shall provide the Member Sates with the means required to ensure that the infrastructure and external cost charges are indeed passed on separately from transport prices.
Amendment 160 #
2008/0147(COD)
Proposal for a directive – amending act
Title Directive 1999/62/EC
Title Directive 1999/62/EC
Proposal for a Directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goodscertain vehicles for the use of certain infrastructures within the Trans-European Transport Networks (TEN-T)
Amendment 161 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b
Article 2 – point b
Amendment 163 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b a (new)
Article 2 – point b a (new)
(ba) ‘concession toll’ means a specified amount payable for a vehicle travelling a given distance on the infrastructure referred to in Article 7(1); the amount shall be based on the distance travelled and the type of vehicle and be levied by a concessionaire that has built the infrastructure under a concession contract.
Amendment 164 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b a
Article 2 – point b a
(ba) ‘infrastructure charge’ means a charge levied through a toll for the purpose of recovering the costs related to infrastructure incurred by a Member State related to infrastructurand that can be levied by the Member State or by a concessionaire based on the distance travelled and the type of vehicle;
Amendment 170 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b b
Article 2 – point b b
(bb) ‘external cost charge’ means a charge levied through a toll for the purpose of recovering the costs incurred by a Member State related to traffic-basedthe transport sector related to air pollution, traffic-base and noise pollution and that can be levied by the Member State or by a congcestion;sionaire. The external cost charge can be added to the toll, the concession toll, the infrastructure charge or user charges.
Amendment 181 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e
Article 2 – point b e
Amendment 198 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b g a (new)
Article 2 – point b g a (new)
(bg a) ‘user charge’ means a specified amount payment which confers the right on a vehicle to use, for a given period, the infrastructure referred to in Article 7(1).
Amendment 203 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 1999/62/EC
Article 2 – point d
Article 2 – point d
1a) In Article 2, point d is replaced by the following: (d) "vehicle" means a motor vehicle intended for road traffic;
Amendment 212 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States may maintain or introduce tolls and/or user charges on their trans-European road network or on certain sections of that network under the conditions laid down in paragraphs 2, 3 and 4 of this article and in Articles 7a to 7j.
Amendment 222 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
Amendment 227 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7a – paragraph 1 – subparagraph 1
Article 7a – paragraph 1 – subparagraph 1
1. User charges shall be in proportion to the duration of the use made of the infrastructure and shall be available for the duration of a day, week, month and a year. In particular, the annual rate shallould be no less than 8160 times the daily rate, the monthly rate shallould be no less than 1326 times the daily rate and the weekly rate shallould be no less than five times the daily rate.
Amendment 230 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 a – paragraph 1 – subparagraph 2
Article 7 a – paragraph 1 – subparagraph 2
Amendment 242 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.
Amendment 258 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 1
Article 7c – paragraph 1
1. The external cost charge shall vary according to the type of road and EURO emission class, and also according to the time period in cases where the charge includes the cost of congestion or traffic- based noise pollution.
Amendment 262 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 1
Article 7c – paragraph 1
1. The external cost charge shall vary according to the type of road and EURO emission class (Annex IIIa, table I), and also according to the time period in cases where the charge includes the cost of congestion or traffic- based noise pollution.
Amendment 267 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 2 a (new)
Article 7c – paragraph 2 a (new)
2a. The charges referred to in paragraphs 1 and 2 shall not apply to vehicles complying in advance with future EURO emissions standards as regards the dates laid down in the relevant rules, or to vehicles type-approved by the manufacturer and having alterative, low environmental impact, means of propulsion (such as natural gas, biomethane, natural gas/hydrogen mixtures or an electrical, hybrid or hydrogen power supply).
Amendment 270 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7d – paragraph 2 a (new)
Article 7d – paragraph 2 a (new)
2a. Are not under the liabilities stated into paragraphs 1 and 2 vehicles that meet already the future EURO standards regarding emissions in advance than the dates prescribed by the rules and the vehicles approved by the manufacturer with alternative powered vehicles with low environmental impact (such as natural gas, biomethane, mixtures natural gas/ hydrogen, electric powered, hybrid or hydrogen).
Amendment 274 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 1 – point a
Article 7e – paragraph 1 – point a
Amendment 281 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7e – paragraph 2
Article 7e – paragraph 2
Amendment 291 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 2
Article 7f – paragraph 2
2. Where a driver is unable to produce the vehicle documents necessary to ascertain the EURO emission class of the vehicle in the event of a check, Member States may apply tolls up to the highest level chargeable, provided there is a possibility of subsequent rectification to return the excess collected.
Amendment 305 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7f – paragraph 4
Article 7f – paragraph 4
4. The variations referred to in paragraphs 1 and 3 are not designed to generate additional toll revenue. Any unintended increase in revenue shall be counterbalanced by changes to the structure of the variation which must be implemented within two years from the end of the accounting year in which the additional revenue is generatreturned to the users concerned.
Amendment 319 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 1
Article 7h – paragraph 1
1. Member States shall not provide for discounts or reductions for anyfrequent users in relation to the external cost charge element of a toll.
Amendment 323 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 2 – introductory part
Article 7h – paragraph 2 – introductory part
2. Member States may provide for discounts or reductions to the infrastructure charge and the external cost charge on condition that:
Amendment 327 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 2 – point b
Article 7h – paragraph 2 – point b
(b) such discounts or reductions lead to actual savings in administrative costs and do not exceed 13% of the infrastructure and external cost charges paid by equivalent vehicles not eligible for the discount or reduction.
Amendment 331 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 3
Article 7h – paragraph 3
3. Subject to the conditions provided for in Article 7f(3)(b) and in Article 7f(4), toll rates may, in exceptional cases, namely specific projects of high European interest in the field of freight transport, be subject to other forms of variation in order to secure the commercial viability of such projects where they are exposed to direct competition with other modes of vehicle transport. The resulting charging structure shall be linear, proportionate, openly published, and available to all users on equal terms and shall not lead to additional costs being passed on to other users in the form of higher tolls. The Commission shall verify compliance with these conditions prior to the implementation of the charging structure in question.
Amendment 334 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7i – paragraph 2
Article 7i – paragraph 2
2. The arrangements for collecting tolls and user charges shall not, financially or otherwise, place non-regular users of the road network at an unjustified disadvantage to those who would use alternative forms of payment. In particular, where a Member State collects tolls or user charges exclusively by means of a system that requires the use of a vehicle on-board unit, it shall ensure that appropriate on-board units compliant with the requirements of Directive 2004/52/EC can be obtained by all users under reasonable administrative and economic arrangements.
Amendment 336 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7i – paragraph 3
Article 7i – paragraph 3
3. If a Member State levies an external cost charge on a vehicle, the amount of such charge shall be indicated in a document provided to the haulier. To this end, the European Commission shall provide the Member Sates with the means required to ensure that the infrastructure and external cost charges are indeed passed on separately from transport prices.
Amendment 358 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. A Member State in which an external costinfrastructure charge is levied shall ensure that thedetermine the use to be made of revenue generated by theat charge is earmarked for measures aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of vehicl. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system, in particular in favour of projects that have a positive impact on consumption, adaptability to combined transport modalities, and developing alternative infrastructure forcongestion or on the optimization of the whole transport userssystem.
Amendment 359 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. A Member State in which an external cost charge is levied shall ensurdetermine that the revenue generated by the charge is earmarked for measures aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of vehicles, and developing alternative infrastructure for transport users.
Amendment 372 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system, in particular in favour of projects that have a positive impact on consumption, adaptability to combined transport modalities and congestion or on the optimization of the whole transport system.
Amendment 380 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system, with particular emphasis on road transport.”
Amendment 397 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. No later than 31 December 2013, the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the costs related to congestion and traffic-based pollution, and on the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess:
Amendment 406 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 415 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 420 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 424 #
2008/0147(COD)
Proposal for a directive – amending act
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 3l December 20105 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 470 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO V and less polluting
Annex IIIa – point 4 – point 4.1 – table 1 – Suburban roads – EURO V and less polluting
Amendment 473 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – title
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – title
Amendment 477 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO 0
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO 0
132
Amendment 478 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO II
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO II
Amendment 480 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO IV
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO IV
Amendment 484 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO V and less polluting
Annex IIIa – point 4 – point 4.1 – table 1 – Other interurban roads – EURO V and less polluting
Amendment 510 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 – point 4.3
Annex IIIa – point 4 – point 4.3
Point 4.3 deleted
Amendment 27 #
2007/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Manufacturers’ compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium in respect of each calendar year from 2012 onwards. The premium should be modulated as a function ofccording to the extent to which manufacturers fail to comply with their target. It should increase over time. In order to provide a sufficient incentive to take measures to reduce specific emissions of CO2 from passenger cars, the premium should reflect technological costsbe similar to those paid in other sectors under the EU emissions trading scheme. The amounts of the excess emissions premium should be considered as revenue for the budget of the European Union.
Amendment 29 #
2007/0297(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
Amendment 40 #
2007/0297(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘eco-innovation’ means any technological measure or innovation proven to produce a significant reduction in CO2 emissions that has neither been included, or taken properly into account, in the definitions set out in Regulation (EC) No 715/2007 nor been incorporated in the additional measures referred to in Article 1.
Amendment 45 #
2007/0297(COD)
Proposal for a regulation
Article 4
Article 4
For the calendar year commencing 1 January 2012 and each subsequent calendar year, each manufacturer of passenger cars shall ensure that itsthe average specific emissions of CO2 accounted for by 25% of its vehicles in 2012, 50% in 2013, 75% in 2014, and 100% in 2015 and every year thereafter do not exceed itsthe specific emissions target for that manufacturer’s vehicles as a whole determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 9, in accordance with that derogation. To that end, CO2 emissions, adjusted to allow for the reduction achieved through eco- innovations, must be brought into equilibrium over three consecutive years, as stipulated in Article 7.
Amendment 52 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In respect of each calendar year from 2012 onwards for which a manufacturer’s average specific emissions of CO2, adjusted to allow for the reductions achieved through eco-innovations and brought into equilibrium over three consecutive years, exceed its specific emissions target in that year, the Commission shall impose an excess emissions premium on the manufacturer or, in the case of a pool, the pool manager.
Amendment 56 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The excess emissions premium shall be: (a) in relation to excess emissions in the calendar year 2012, 20 euros; (b) in relation to excess emissions in the calendar year 2013, 35 euros; (c) in relation to excess emissions in the calendar year 2014, 60 euros; and (d) in relation to excess emissions in the calendar year 2015 and subsequent calendar years, 95 eurosmust be similar to the penalties paid by other sectors, as laid down under the EU emissions trading scheme.
Amendment 63 #
2007/0297(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 71 #
2007/0297(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
The measures necessary for the implementation of Article 3(1)(fa), designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).
Amendment 78 #
2007/0297(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
1. For each new passenger car, the permitted specific emissions of CO2, measured in grams per kilometre shall be determined in accordance with the following formula: Permitted specific emissions of CO2 = 130 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = 1289.0 × f f = (1 + AMI) Autonomous mass increase (AMI) = 0 %6 a = 0.0457
Amendment 21 #
2007/0237(CNS)
Proposal for a decision
Recital 3
Recital 3
(3) It is one of the objectives of the European Union to offer a high level of security and protection within an area of freedom, security and justice; this requires that the prevention of and fight against terrorist offences and organisedserious crime, be carried out in an adequate manner. The definitions of terrorist offences and organisedserious crime are taken from Articles 1 to 4 of the Council Framework Decision 2002/475/JHA on combating terrorism and Article 2(2) of the Council Framework Decision (xx/xx) on the fight against organised crime2002/584/JHA on the European arrest warrant and the surrender procedures between Member States respectively.
Amendment 26 #
2007/0237(CNS)
Proposal for a decision
Recital 7
Recital 7
(7) To prevent and fight terrorist offences and organised crime, it is essential that all Member States introduce provisions laying down obligations on air carriers operating flights to or from the territory of one or more Member States of the European Union; intra-EU flights should not be covered by this Framework Decision, except thoseinternational flights, including segments connecting two EU- airports which are part of an international flight and, where appropriate, flights between airports in at least two Member States.
Amendment 34 #
2007/0237(CNS)
Proposal for a decision
Article 1
Article 1
This Framework Decision provides for the making available by air carriers of PNR data of passengers of international flights and, where appropriate, flights between airports in at least two Member States to the competent authorities of the Member States, for the purpose of preventing and combating terrorist offences and organised crime, as well as the collection and retention of those data by these authorities and the exchange of those data between them.
Amendment 37 #
2007/0237(CNS)
Proposal for a decision
Article 2 − point i
Article 2 − point i
(i) "organisedserious crime" means the offences under national law, referred to in Article 2(2) of the Council Framework Decision (xx/xx) on the fight against organised crime2002/584/JHA on the European arrest warrant and the surrender procedures between Member States.
Amendment 39 #
2007/0237(CNS)
Proposal for a decision
Article 5 − paragraph 1
Article 5 − paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers make available the PNR data of the passengers of international flights and, where appropriate, flights between airports in at least two Member States to the national Passenger Information Unit of the Member State on whose territory the international flight referred to is entering, departing or transiting, and, where appropriate, the Passenger Information Unit of the Member State on whose territory flights between Member State airports are entering or departing, in accordance with the conditions specified in this Framework Decision.
Amendment 43 #
2007/0237(CNS)
Proposal for a decision
Article 5 − paragraph 6
Article 5 − paragraph 6
6. Member States shall ensure that air carriers inform passengers of international flights and, where appropriate, flights between airports in at least two Member States effectively and in advance about the provision of PNR data to the Passenger Information Unit and, where applicable, the intermediary, the purposes of their processing, the period of data retention and their possible use to prevent or combat terrorist offences and organised crime, and about the possibility of exchanging and sharing of such data.
Amendment 49 #
2007/0237(CNS)
Proposal for a decision
Article 6 − paragraph 3
Article 6 − paragraph 3
3. Intermediaries designated by air carriers shall be responsible for collecting the PNR data from the air carriers. To the extent that the PNR of a passenger as collected, includes data additional to those referred to in the Annex or special categories of personal data revealing the racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership or data concerning health or sex life of the person concerned, the intermediary shall immediately delete such data. and shall report to the Passenger Information Unit of the Member State concerned.
Amendment 50 #
2007/0237(CNS)
Proposal for a decision
Article 6 − paragraph 4
Article 6 − paragraph 4
4. Intermediaries shall further transmit the PNR data to the national Passenger Information Unit of the Member State on whose territory the international flight referred to is entering, departing or transiting, and, where appropriate, the Passenger Information Unit of the Member State on whose territory flights between Member State airports are entering or departing, by electronic means or, in case of failure, by any other appropriate means. The transmission of such data to the Passenger Information Unit shall be done by using the "push" method.
Amendment 55 #
2007/0237(CNS)
Proposal for a decision
Article 9 − paragraph 1
Article 9 − paragraph 1
1. Member States shall ensure that the PNR data provided by the air carriers or the intermediaries to the Passenger Information Unit are kept in a database at the Passenger Information Unit for a period of five years after their transfer to the Passenger Information Unit of the first Member State on whose territory the international flight is entering, departing or transiting and, where appropriate, to the Passenger Information Unit of the Member State on whose territory flights between Member State airports are entering or departing.
Amendment 40 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 200/475/JHA
Article 3 − paragraph 1 − point (a)
Article 3 − paragraph 1 − point (a)
(a) "public provocation to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the acts listed in Article 1(1)(a) to (h), where such conduct, whether or not directly advocating terrorist offences, causes a danger that one or more such offences may be committed, where there are reasonable grounds for suspecting that such conduct may favour the commission of a terrorist act;
Amendment 23 #
2007/0201(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Directive 2003/102/EC has been shown to be not feasible in the requirements for the second phase of implementation. In this respect Article 5 of that Directive requested the Commission to make necessary proposals which would overcome problems of feasibility with these requirements and possibly make use of active safety systems, whilst ensuring there was no degradation in the safety levels provided to the vulnerable road user. However, new technologies have been developed in the case of passive measures which could help meet the Phase II requirements. Such technologies must be taken into account.
Amendment 26 #
2007/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A study commissioned by the Commission shows that the requirements for pedestrian protection can be significantly improved by use of a combination of passive and active measures which afford a higher level of protection than the previously existing provisions. In particular, the active safety system ‘Brake Assist’ has been identified which, in combination with changes to passive safety requirements, will significantly increase the level of protection provided. It is therefore appropriate to provide for the obligatory installation of Brake Assist systems in new motor vehicles. Active safety systems should not be fitted in new vehicles to the detriment of passive systems; the two should be complementary.
Amendment 23 #
2007/0099(COD)
Article 8 – paragraph 2 a (new)
2a. Two years after this Regulation enters into force, the number of cabotage operations mentioned in paragraph 2 shall be expanded to seven.
Amendment 26 #
2007/0099(COD)
Article 8 – paragraph 2 b (new)
2b. On 1 January 2014 the restrictions on the number and duration of cabotage operations shall be lifted.
Amendment 27 #
2007/0099(COD)
Article 8 – paragraph 2 c (new)
2c. Cabotage may also be performed in a Member State through which the vehicle has to pass after unloading goods, completely or partially, which it has delivered internationally, on condition that these journeys take place within 7 days.
Amendment 95 #
2007/0098(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The natural persons withho meet the requisite good repute andred ethical standards and have the requisite professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as “transport managers”, should be those who continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking.
Amendment 96 #
2007/0098(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The good repute of transport managers is conditional on their not havingCompliance with ethical standards implies that a “transport manager” has not incurred serious criminal convictions or serious sanctions, in particular for infringing Community rules relating to road transport. It is necessary to define jointly, in the areas covered by Community rules, the types of infringements and the corresponding degrees of seriousness liable to detract from the good repute of an undertaking.
Amendment 102 #
2007/0098(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the country of origin of the road transport operator should be accepted as sufficient proof of good reputecompliance with the ethical standards required for admission to the activities in question in a host Member State, providing that it can be ascertained that the persons concerned have not been declared unfit to pursue the occupation in the other Member States from which they come.
Amendment 104 #
2007/0098(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of infringements leading to the loss of the requisite good reputeconstituting failure to meet the ethical standards required in order to carry on the occupation of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of maximum infringements entailing the suspension or withdrawal of the authorisation to pursue the occupation or a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence. Or. es Justification
Amendment 115 #
2007/0098(COD)
Proposal for a regulation
Article 3 – subparagraph 1 – point b
Article 3 – subparagraph 1 – point b
(b) be of good reputemeet the required ethical standards;
Amendment 118 #
2007/0098(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) be employed and remunerated by the undertaking or, if the undertaking is a natural person, be that same person or, if the undertaking is a commercial undertaking, the person who holds at least 15% of the shares.
Amendment 131 #
2007/0098(COD)
Proposal for a regulation
Article 5 – point c
Article 5 – point c
Amendment 137 #
2007/0098(COD)
Proposal for a regulation
Article 6 – Title
Article 6 – Title
Amendment 138 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. For the purposes of Article 3(b), the requirement as to the good repute of an undertaking shall meanet thate required ethical standards when its managers have not been convicted of any serious criminal offence or offences under commercial law or bankruptcy law and thatwhen they carry out their activity in good faith and in compliance with the rules applicable to road transport and in accordance with professional ethics.
Amendment 139 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall determine the special conditions which an undertaking must meet pursuant to this Regulation in order to satisfy the requirement as to good reputecomply with the required ethical standards. Member States shall provide that an undertaking satisfies that requirement if:
Amendment 145 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of infringements and the frequency of occurrence beyond which repeated minor infringements shall lead to the loss of the requisite good reputeconstitute failure to meet the required ethical standards. Since these measures are designed to amend non- essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3).
Amendment 148 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The requirement as to good reputed ethical standards shall not be satisfiedmet until rehabilitation or any other measure having an equivalent effect has taken place pursuant to the relevant existing national provisions.
Amendment 154 #
2007/0098(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b
Article 7 – paragraph 2 – subparagraph 1 – point b
Amendment 184 #
2007/0098(COD)
Proposal for a regulation
Article 18 – Title
Article 18 – Title
Certificates of good repute and equivalent documents relating to the required ethical standards
Amendment 185 #
2007/0098(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Without prejudice to Article 10(4), the new Member State of establishment shall accept as sufficient proof of good reputecompliance with the ethical standards required for admission to the occupation of road transport operator the production of an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the transport operator’s Member State(s) of origin showing that this requirement is satisfied.
Amendment 61 #
2007/0022(COD)
Proposal for a directive
Article 3 – point h
Article 3 – point h
(h) the unlawfulany conduct that causes significant deterioration of a habitat in a protected habitatarea;