314 Amendments of Roberto MUSACCHIO
Amendment 4 #
2008/2209(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas specific actions and policies are necessary to assist the integration and social inclusion of third-country nationals residing in European Union territory in order to avert the marginalisation and potentially damaging consequences for mental health experienced by migrants where there are neither an adequate system nor appropriate policies to support them;
Amendment 5 #
2008/2209(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the detention of migrants may have adverse affects on their mental health, particularly in the case of the most vulnerable groups, such as children and people who are ill;
Amendment 37 #
2008/2209(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that it is necessary to promote the non-discriminatory therapeutic treatment of mentally ill people by encouraging the social integration of people with mental disabilities and taking into account the increasing number of immigrant workers and the need for them to be more fully integrated into society in all respects including the right to health;
Amendment 40 #
2008/2209(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Member States to set up specific support programmes to address the problem of third-country nationals who are in detention while encouraging action on the part of civil society by facilitating interaction and contact between civic organisations and migrants in detention;
Amendment 46 #
2008/2209(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on Member States to respect and protect the privacy of people with mental health problems while ensuring they have full access to the knowledge and innovations on which any proposed therapeutic treatment is based;
Amendment 94 #
2008/2209(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Maintains that destigmatising mental illness involves ensuring the provision of treatment which is appropriate and has no adverse effects on individuals' personality by abandoning the use of devastating and invasive treatment such as electroconvulsive therapy in favour of the beneficial practices followed in those Member States which have closed controversial institutions such as asylums and encourage the integration of people with mental health problems by providing care in patients' homes;
Amendment 66 #
2008/2137(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that education systems are selective and that although Member States are spending substantial sums on overcoming segregation, innumerable seemingly ineluctable systems accelerate the rise of the elite from the middle class and accentuate disparities in opportunities for the poor who find themselves on a downward spiral, particularly the Roma;
Amendment 76 #
2008/2137(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that, although the proportion of Roma young people in secondary and higher education has increased, their level of qualifications still remains far below the European average; observes that, as a result of this, the Member States' economies often draw labour from third countries to make good labour shortages;
Amendment 90 #
2008/2137(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 102 #
2008/2137(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers it important to provide for specific Community action to promote Roma adults' access to professional training programmes;
Amendment 115 #
2008/2137(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 124 #
2008/2137(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the basic prerequisite for promoting social inclusion and access to the labour market for the Roma is that they be given equal social and political rights; calls on the Member States and candidate countries, in this connection, to establish a strategy to improve the participation of the Roma in elections as voters and candidates at all levels;
Amendment 129 #
2008/2137(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Supports the proposal by the EU institutions that the number of Roma working in public services should be increased; points out, however, that in order to make this possible it is necessary not only for governments to pursue personnel policies which promote it but also to increasmake special efforts and provide active support to facilitate public acceptance of the principle;
Amendment 131 #
2008/2137(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Member States to take appropriate measures to eliminate racial hatred and incitement to discrimination and violence against the Roma in the media and every form of communication technology, and urges the mass media to establish good practices with respect to staff recruitment in such a way as to reflect the make-up of the population as a whole;
Amendment 143 #
2008/2137(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 205 #
2008/2137(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Proposes that the Commission and the Member States establish a Europe- wide forum in which social movements, trade unions and non-governmental organisations representing the Roma and their interests can consult one another on a permanent basis in order to draw up guidelines and exchange good practices, with a view to promoting a coordinated approach at European level;
Amendment 66 #
2008/2085(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Amendment 68 #
2008/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the freedom to provide services is a cornerstone of the European project; however, this has to be balanced against fundamental rights and the possibility for governments and trade unions to ensure non-discriminaArticle 48 EC Treaty (freedom of establishment) and Article 50 EC Treaty (freedom to provide services) essentially ensure non-discrimination and equal treatment, namely that companies seeking establishment in a Member State other than that where they have their registered office must "be treated in the same way as natural persons who are nationals of Member States" and that in the framework of the freedom to provide services, service providers temporarily operating in the host Member State shall do so "under the same conditions and equal treatment; s are imposed by that State on its own nationals";
Amendment 76 #
2008/2085(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the prohibition of restrictions on the freedom to provide services in Article 49 EC Treaty "in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended" must be interpreted according to the non- discrimination principle as laid down in Article 50 EC Treaty;
Amendment 77 #
2008/2085(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that the interpretations of the ECJ that posted workers of a service provider from another Member State should be treated differently than those working for companies established in the host Member State and that they are only entitled to minimum working conditions and minimum wages can not be justified as such by the relevant Articles of the EC Treaty, as these promote the principles of non-discrimination and equal treatment;
Amendment 78 #
2008/2085(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points out that Article 137 (5) of the EC Treaty excludes the issues of pay, the right of association, the right to strike or the right to impose lock-outs from the scope of the Treaty; underlines its view that therefore the ECJ is not entitled to give judgements on whether strikes, blockades and other forms of collective action have been necessary or proportional with regard to achieving a certain objective (e.g. negotiations on a collective agreement);
Amendment 79 #
2008/2085(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Takes note of the complaint which the postal service provider TNT filed with the European Commission, claiming that the €9.80 German minimum wage in the postal sector is too high, violates the EC Treaty on competition and freedom of establishment and is an obstacle to the realisation of a single European postal market; also takes note of the supportive comments and actions of Commissioner McCreevy thereon; points out that Article 137 (5) of the EC Treaty excludes the issue of pay from the scope of the Treaty and emphasises that neither the European Commission nor EU jurisdiction have any competency to regulate on the amount of pay;
Amendment 85 #
2008/2085(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that Article 6 of the Treaty on the European Union stipulates that the Union shall respect fundamental rights "as they result from the constitutional traditions common to the Member States, as general principles of Community law" and that the Union "shall respect the national identities of its Member States"; emphasises that European jurisprudence therefore should respect the principle of "unity in diversity" and must avoid conflict with the exercise of fundamental rights as enshrined in Member States' constitutions and also with cornerstones of their national identities (e.g. the Nordic model of collective bargaining);
Amendment 86 #
2008/2085(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises that in the western tradition of democracy and fundamental rights, fundamental rights can only be restricted if the exercise of a specific fundamental right conflicts with the exercise of other fundamental rights and that the extent of the restrictions must be laid down by law; stresses that the "fundamental freedoms" of the internal market (free movement of capital, goods and services; freedom of establishment) do not constitute fundamental rights and therefore cannot serve as a justification to restrict the exercise of fundamental rights, and especially the fundamental social right to strike and collective action;
Amendment 87 #
2008/2085(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Insists that the European Union respect the right to cross-border or trans- national strikes and collective action and that these rights can not be restricted by recourse to internal market freedoms nor to their possible impact on the functioning of the internal market;
Amendment 98 #
2008/2085(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Lisbon treaty and the fact that the Charter of Fundamental Rights of the European Union is made legally binding; this includesfact that the ECJ has recognised the right to strike as a fundamental social right; this includes respecting the autonomy of trade unions and the right of association, the right of trade unions to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend theirand pursue workers' interests including strike action;
Amendment 103 #
2008/2085(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that the EU Charter of Fundamental Rights does not change the hierarchy of norms established by the Laval ruling, which stresses the supremacy of the fundamental freedoms of the internal market over the right to take collective action; deplores in this context that the 'Explanations relating to the Charter of Fundamental Rights' concerning Article 52 of that Charter point out that 'restrictions may be imposed on the exercise of fundamental rights, in particular in the context of a common organisation of the market';
Amendment 104 #
2008/2085(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that the Charter of Fundamental Rights of the European Union does not create any new rights and that the social and economic rights in the Charter do not give rise to direct claims for positive action;
Amendment 106 #
2008/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that Article 3(7) of the PWD clearly states that trade unions should be able to demandMember States shall not be prevented from applying terms and conditions of employment which are more favourable to workers;
Amendment 110 #
2008/2085(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that with regard to Article 3 of the PWD, also the right and freedom of trade unions to take collective action with regard to employers of posted workers temporarily providing services in a host Member State where the union is active must be respected; the recognition of the right to strike and collective action includes efforts by the unions to improve the pay and working conditions of these posted workers above minimum standards, and to negotiate collective agreements;
Amendment 117 #
2008/2085(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that equal treatment, equal pay for equal work as well as Articles 39 and 12 of the EC Treaty form the foundation of EC law which needs to be restored and anti-discrimination as stipulated by Articles 12, 13 and 39 of the EC Treaty, and also equal pay for equal work or work of equal value as stipulated by Article 141 of the EC Treaty form the foundation of EC law which thus provides strong justifications for Member States to implement the principle of equal pay for equal work in the same territory or workplace;
Amendment 121 #
2008/2085(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that in the framework of the freedom to provide services or the freedom of establishment, the nationality of the employer, of employees or posted workers can not serve as a justification for inequalities concerning working conditions, pay or the exercise of fundamental rights such as the right to strike;
Amendment 172 #
2008/2085(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Takes note that case C-319/06 (Commission vs. Luxemburg) addresses issues such as the interpretation of the term 'public policy provisions' and the rights of Member States to control the compliance of companies that are posting workers within the very restrictive spirit of the Commission's 2006 'guidance' on posting; points out that Member States must dispose of all necessary means to effectively monitor and control undertakings posting workers and to apply sanctions;
Amendment 227 #
2008/2085(INI)
Motion for a resolution
Paragraph –19 (new)
Paragraph –19 (new)
–19. Calls on the Council of the European Union to stop the ratification of the Lisbon Treaty and to introduce a horizontal 'Social Progress Clause' to the Treaty with the aim of clarifying: - that the Treaty may not be interpreted as affecting in any way the exercise of fundamental rights as recognised in Member States, including the right to strike and collective action at national level and also to cross-border strikes and collective action; - that these rights also include the right or freedom to take other actions covered by specific industrial relations systems in Member States, including actions aimed at initiating the conclusion of collective agreements going beyond minimum wages and minimum standards; - that the Treaty may not be interpreted as affecting in any way the industrial relations and collective bargaining systems as recognized in Member States; - that the Treaty may not be interpreted as affecting in any way the competencies of Member States to adopt social policy legislation that provide for higher standards and requirements as those laid down in EU Directives stipulating minimum standards; - that wherever these rights as cited above and Member States social policy competencies or industrial relations systems might conflict with internal market regulation or the "fundamental freedoms" of the internal market, the former (fundamental rights etc.) must prevail over the latter;
Amendment 297 #
2008/2085(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Respects that some Member States, like Sweden, after the Laval ruling, may want to establish a legally binding exception from the Treaty in order to guarantee the continuity of their specific collective bargaining models;
Amendment 303 #
2008/2085(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that the primacy of social rights over the freedoms of the internal market requires a profound revision of the treaties in order to open the way towards a Social Europe, considers that if the European institutions fail to deliver on this, the serious crisis of legitimacy of the current European economic and social model will deepen dramatically;
Amendment 15 #
2008/2015(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls in particular the essential objectives in combating climate change and stresses the importance of setting a clear medium-term target of a 20%-340% reduction in greenhouse gas emissions by 2020, and a long-term reduction target of 570%- 890% by 2050, in order to achieve a 50% probability of restricting the increase in average global temperature to 2°C over pre-industrial levels;
Amendment 42 #
2008/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to incorporate the requirements of emission reductions, and measures to adapt to the consequences of climate change, into development aid programmes, and/or to refer to these requirements in the decision-making processes of international development aid agencies, thus involving the private sector and public authorities in the countries or regions concerned by way of partnership; stresses that funding for adaptation should be in addition to the present level of aid and should not involve merely switching resources;
Amendment 52 #
2008/2015(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission, in the context of the WTO negotiation rounds and the post-2010 process, to pursue coordinated negotiation strategies in the field of trade and environment policy in order to send its negotiating partners a credibprovide part of the solution in fighting climate change by imple message about Europe's climate targets and the instruments developed to achieve them and dispel concerns about trade barriers or other disadvantages to trade relations with third countries that have no binding climate objnting trade and investment policies that create economic incentives designed to meet climate change policy objectives; stresses that the EU may need to use these rules to create economic disincentives for climate- unfriendly activity; points out that the EU's negotiating partners will thereby recteives, and to imp a credible ment the reciprocity principle in the interest of combating climate change at a global levelssage about Europe's climate targets and the instruments developed to achieve them;
Amendment 53 #
2008/2015(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Council and the Commission to ensure that the WTO Dispute Settlement Body (DSB) acts in accordance with provisions of GATT, allowing their members to take measures, including precautionary measures to protect human health and to conserve exhaustible natural resources with a view to preventing environmental dumping of products originating from countries that do not ratify the post-Kyoto protocol;
Amendment 89 #
2008/2015(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the considerable potential of the use of biomass for energy production with a view to reducing greenhouse gas emissions, and calls for a European strategy for the sustainable exploitation of biomass for heating and cooling;
Amendment 93 #
2008/2015(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 103 #
2008/2015(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 116 #
2008/2015(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission and the Member States to step up research and development of second-generation biofuels, and to supply them with the necessary funding and to link them to fixed development goals for the cultivation and use of biomass;
Amendment 122 #
2008/2015(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to reconsider the non-binding nature of the 20% goal for energy efficiency by 2020 and if necessary to propose to the Council that this target be made binding by means of clear measures in each relevant sector which set concrete targets;
Amendment 157 #
2008/2015(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for all modes of transport to be fully involved in the internalisation of their external costs, taking into account in this regard the fact that, due to a global division of labour, the current trading system produces a very high input of transport of similar products that could be easily produced locally;
Amendment 169 #
2008/2015(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Welcomes the creation and extension of the Trans-European Rail Networks and calls for the priority projects to be completed as soon as possible, since these are vitally important for freight transport logistics and a sustainable European transport policy;
Amendment 202 #
2008/2015(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Calls on the tourist industry, together with local authorities and economic associations, to work on integrated strategies with a view to reducing emissions and improving the energy efficiency of the sector – particularly as regards transport and accommodation – and to plan measures to promote ecotourism and to protect tourist sites from extreme weather conditions;
Amendment 230 #
2008/2015(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Takes the view that creating next- generation technologies and making possible the necessary increase in scale requires considerable financial support for long-term research and developmenttime limited funding for new entrants for demonstration projects;
Amendment 243 #
2008/2015(INI)
Motion for a resolution
Paragraph 83
Paragraph 83
Amendment 249 #
2008/2015(INI)
Motion for a resolution
Paragraph 84 a (new)
Paragraph 84 a (new)
84a. Is concerned that a growing part of the earth’s resources are used for livestock rearing recalls the FAO report “Livestock’s Long Shadow” of November 2006, which estimates that the meat industry and livestock rearing contribute 18% of the world’s total GHG emissions; stresses the need for a reduction in meat consumption;
Amendment 250 #
2008/2015(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls for feed rations in dairy and meat production to be reviewed, and where necessary improved, with a view tothe aim of achieving a reduction in methane formation in the rumen of ruminants, without restricting productivhilst reducing meat consumption, which according to FAO forecasts, is predicted to double by 2050,; considers that citizens should be made more aware of the fact that a reduction in the production and consumption of meat and dairy products would decrease greenhouse gas emissions as well as reduce risks of certain cancers, heart disease and obesity;
Amendment 261 #
2008/2015(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Considers that a compensation scheme must to some extent include CDM projects; calls, in the context of a global CO2 market, for those countries that still have large areas of natural forest to be given particular economic incentives to preserve its commercialenable them to preserve their value; suggests that we look at whether it makes sense in this connection, to focus solely on tropical rainforests;
Amendment 287 #
2008/2015(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Recognises that the hierarchy of waste forms a leitmotiv in European waste policy; points out, however, that from the point of view of combating climate change the rigid application of this hierarchy is not necessarily helpful;
Amendment 294 #
2008/2015(INI)
Motion for a resolution
Paragraph 109
Paragraph 109
Amendment 368 #
2008/2015(INI)
Motion for a resolution
Paragraph 144 a (new)
Paragraph 144 a (new)
144a. Considers that citizens should be made more aware of the fact that a reduction in the production and consumption of meat and dairy products would decrease greenhouse gas emissions as well as reduce risks of certain cancers, heart disease and obesity;
Amendment 405 #
2008/2015(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it will not be possible to overcome climate change solely by emissions reductions in each individual sector, but there will be a need for a systematic approach to the problem in order to seek cross-sectoral political solutions and to achieve changes to production and consumption and trade patterns throughout society by coherent legislation,
Amendment 433 #
2008/2015(INI)
Motion for a resolution
Recital X
Recital X
Amendment 437 #
2008/2015(INI)
Motion for a resolution
Recital Y
Recital Y
Amendment 482 #
2008/2015(INI)
Motion for a resolution
Recital BB
Recital BB
BB. whereas the idea underlying the Clean Development Mechanism (CDM) and Joint Implementation (JI), namely the dissemination of modern and efficient technologies, should be reinforcedwork in reality; whereas CDM/JI should be limited to high-quality projects which provide documented additional reductions in greenhouse gas emissions,
Amendment 497 #
2008/2015(INI)
Motion for a resolution
Recital BI
Recital BI
BI. whereas the widespread cultivation of feedstuffs for livestock production contributes substantially to the total greenhouse gas emissions from agriculture, and whereas it should therefore be reduced accordingly,
Amendment 500 #
2008/2015(INI)
Motion for a resolution
Recital BL
Recital BL
BL. whereas forests are very valuable for the biosphere and yet have no market price as a whole in spite ofs a whole for their many functions in the global eco-system,
Amendment 552 #
2008/2015(INI)
Motion for a resolution
Recital CV
Recital CV
CV. whereas climate change is a global environmental problem whose causes are structural in naturedecisive for the survival of the planet,
Amendment 52 #
2008/0142(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 95 and 152 thereof,
Amendment 56 #
2008/0142(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 69 #
2008/0142(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This directive aims to establish a general framework for provision of safe, high quality and efficient cross-border healthcare in the Community and to ensurein relation to patients mobility and freedom to provide healthcare ands well as a to a high level of protection of health, whilst fully respecting the responsibilities of the Member States for the definition of social security benefits related to health and for the organisation and delivery of healthcare and medical care ands well as of social security benefits in particular for sickness.
Amendment 79 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of "cross-border healthcare" covers the following modes of supply of healthcare: - Uonly the use of healthcare abroad (i.e.: a patient moving of his/her own accord to a healthcare provider in another Member State for treatment); this is what is referred to as 'patient mobility'; - Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; - Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, - Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services).
Amendment 92 #
2008/0142(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Given that it is impossible to know in advance whether a given healthcare provider will supply healthcare to a patient coming from another Member State or a patient from their own Member State, it is necessary that the requirements to ensure that healthcare is provided according to common principles and clear quality and safety standards are applicable to all type of healthcare in order to ensure the freedom to provide and obtain cross border healthcare which is the aim of the directive. Member States' authorities have to respect the shared overarching values of universality, access to good quality care, equity and solidarity, which have been already widely recognised by the Community institutions and by all the Member States as constituting a set of values that are shared by health systems across Europe. Members States also have to ensure that these values are respected with regard to patients and citizens from other Member States, and that all patients are treated equitably on the basis of their healthcare need rather than their Member State of social security affiliation. In doing so, Member States must respect the principles of freedom of movement within the internal market, non- discrimination inter alia with regard to nationality (or in the case of legal persons, with regard to the Member State in which they are established), necessity and proportionality of any restrictions on free movement. However, nothing in this Directive requires healthcare providers to accept for planned treatment or to prioritise patients from other Member States to the detriment of other patients with similar health needs, such as through increasing waiting time for treatment. Nevertheless special provision should be made for victims of accidents and mass emergencies requiring emergency medical treatment.
Amendment 122 #
2008/0142(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The patient should, in any event, not derive a financial advantage from the healthcare provided in another Member State and the assumption of costs should be therefore limited only to actual costs of healthcare received. Member States may decide to cover other related costs, such as travel and accommodation or therapeutic treatment provided that the total cost does not exceed the amount payable in the Member State of affiliation.
Amendment 132 #
2008/0142(COD)
Proposal for a directive
Recital 26
Recital 26
(26) This Directive does not provide either for transfer of social security entitlements between Member States or other coordination of social security schemes. The sole objective of the provisions regarding prior authorisation and reimbursement of healthcare provided in another Member State is to enable freedom to provide healthcare for both patients and healthcare providers and to remove unjustified obstacles to that fundamental freedom within the patient's Member State of affiliation. Consequently the Directive fully respects the differences of national health-care systems and the Member States' responsibilities for organisation and delivery of health services and medical care.
Amendment 143 #
2008/0142(COD)
Proposal for a directive
Recital 30
Recital 30
(30) There is no definition of what constitutes hospital care throughout the different health systems of the Community, and different interpretations could therefore constitute an obstacle to the freedom for patients to receive healthcare. In order to overcome that obstacle, it is necessary to provide a Community definition of hospital care. Hospital care generally means care requiring the overnight accommodation of the patient. However, it may be appropriate to submit to the same regime of hospital care also certain other kinds of healthcare, if that healthcare requires use of highly specialised and cost-intensive medical infrastructure or medical equipment (e.g. high-technology scanners used for diagnosis) or involving treatments presenting a particular risk for the patient or the population (e.g. treatment of serious infectious diseases). A regularly updated list of such treatments shall be specifically defined by the Commission through the comitology procedure.
Amendment 149 #
2008/0142(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The evidence available indicates that the application of free movement principles regarding use of healthcare in another Member State within the limits of the cover guaranteed by the statutory sickness insurance scheme of the Member State of affiliation will not undermine the health systems of the Member States or financial sustainability of their social security systems. However, the Court of Justice has recognised that it cannot be excluded that the possible risk of seriously undermining a social security system's financial balance or the objective of maintaining a balanced medical and hospital service open to all may constitute overriding reasons in the general interest capable of justifying a barrier to the principle of freedom to provide servicesof movement. The Court of Justice has also recognised that the number of hospitals, their geographical distribution, the way in which they are organised and the facilities with which they are provided, and even the nature of the medical services which they are able to offer, are all matters for which planning must be possible. This Directive should provide for a system of prior authorisation for assumption of costs for hospital care received in another Member State, where the following conditions are met : had the treatment been provided on its territory, it would have been assumed by its social security system and the consequent outflow of patients due to the implementation of the directive seriously undermines or is likely to seriously undermine the financial balance of the social security system and/or this outflow of patients seriously undermines, or is likely to seriously undermine the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member. As the assessment of the precise impact of an expected outflow of patients requires complex assumptions and calculations, the Directive allows for a system of prior authorisation if there is sufficient reason to expect that the social security system will be seriously undermined. This should also cover cases of already existing systems of prior authorisation which are in conformity with conditions laid down in Article 8.
Amendment 163 #
2008/0142(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Realising the potential of the internal market for cross-border healthcareIt requires cooperation between providers, purchasers and regulators of different Member States at national, regional or local level in order to ensure safe, high quality and efficient care across borders. This is particularly the case for cooperation in border regions, where cross- border provision of services may be the mosthealthcare may be an efficient way of organising health servicescare for the local populations, but where achieving such cross-border provision on a sustained basis requires cooperation between the health systems of different Member States. Such cooperation may concern joint planning, mutual recognition or adaptation of procedures or standards, interoperability of respective national information and communication technology systems, practical mechanisms to ensure continuity of care or practical facilitating of cross-border provision of healthcare by health professionals on a temporary or occasional basis. Directive 2005/36/EC on the recognition of professional qualifications stipulates that free provision of services of a temporary or occasional nature, including services provided by health professionals, in another Member State should not, subject to specific provisions of Community law, be restricted for any reason relating to professional qualifications. This Directive should be without prejudice to those provisions of Directive 2005/36/EC.
Amendment 170 #
2008/0142(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Where medicinal products are authorised within the patient's Member State in accordance with Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use and have been prescribed in another Member State for an individual named patient, it should be in principle possible for such prescriptions to be medically recognised and used in the patient's own Member State. The removal of regulatory and administrative barriers to such recognition is without prejudice to the need for appropriate agreement of the patients' treating physician or pharmacist in every individual case, if this is warranted by protection of human health and is necessary and proportionate to that objective. Such medical recognition should also be without prejudice to the decision of the Member State of affiliation regarding the inclusion of such medicinal products within the benefits covered by the social security system of affiliation. The implementation of the principle of recognition will be facilitated by the adoption of measures necessary for safeguarding the safety of a patient, and avoiding the misuse or confusion of medicinal products. Where a prescription is issued in the Member State of treatment for drugs which are not normally available on prescription in the Member State of affiliation it should be for the latter to decide whether to authorise exceptionally or to provide an equivalent drug on the basis of scientific evidence.
Amendment 184 #
2008/0142(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In particular, power should be conferred on the Commission to adopt the following measures: a list of treatments, other than those requiring overnight accommodation, to be subject to the same regime as hospital care;define for the purposes of this Directive the following measures: accompanying measures to exclude specific categories of medicinal products or substances from the recognition of prescriptions issued in another Member State provided for in this Directive; a list of specific criteria and conditions that European reference networks must fulfil; the procedure for establishing European reference networks. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, or to supplement this Directive 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.
Amendment 193 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-borderprovides rules for the access to safe and high quality healthcare in another Member State and establishes cooperation mechanisms on healthcare between Member States, in full respect of national competencies in organising and delivering healthcare.
Amendment 218 #
2008/0142(COD)
Proposal for a directive
Article 2 - subparagraph 1 a (new)
Article 2 - subparagraph 1 a (new)
In order to accomplish the missions of general interest entrusted to their healthcare systems Member States shall follow in the application of this Directive the principles of general interest; namely universality, accessibility to good quality care, equity, solidarity and affordability of health services. In order to guarantee a high level of public health as required by Article 152 of the Treaty Member States should give precedence to those principles in cases where they conflict with the provisions of this Directive.
Amendment 249 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (a)
Article 4 - point (a)
(a) "healthcare" means a health service provided by or under the supervision of a health professional in exercise of his profession,to patients in order to assess, prevent, maintain or restore their state of health and regardless of the ways in which it is organised, delivered and financed at national level or whether it is public or private;
Amendment 258 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (b)
Article 4 - point (b)
(b) "cross-border healthcare" means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 283 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (h)
Article 4 - point (h)
(h) "Member State of affiliation" means the Member State where the patient is an insured person or the Member State where the patient resides if this Member State is not the same as the former;
Amendment 314 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – introduction
Article 5 – paragraph 1 – introduction
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into accounton the basis of principles of universality, access to good quality care, equity and solidarity and the public- service missions that derive from those principles, as conferred upon health service providers, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that:
Amendment 325 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) mechanisms are in place for ensuring that healthcare providers and medical emergency services are able to meet such standards, taking into account international medical science and generally recognised good medical practices;
Amendment 329 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) those quality and safety standards are made publicly available in a clear and accessible format for citizens;
Amendment 334 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the application of such standards by healthcare providers and medical emergency services in practice is regularly monitored and corrective action is taken when appropriate standards are not met, taking into account progress in medical science and health technology;
Amendment 340 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) healthcare providers provide all relevant information to enable patients to make an informed choice, in particular on availability, quality, safety, prices and outcomes of the healthcare provided and details of their insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 346 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) patients have athe means of making complaints and arethere are free of charge mechanisms in place to guaranteed remedies and compensation when they suffer harm or become aware of harm caused arising from the healthcare they receive;
Amendment 361 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) systematic and continuous efforts are made to ensure that these standards are improved, in line with the European Council Conclusions on Common values and principles in European Union Health Systems and taking into account advances in international medical science and generally recognised good medical practices as well as taking into account new health technology;
Amendment 363 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The public authorities in the Member State of treatment monitor regularly the accessibility, quality and financial state of their healthcare systems on the basis of the data collected under Article 18 of this Directive. They take timely measures to maintain the level of public health and the financial sustainability of the social security systems.
Amendment 364 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Member States define clearly patients’ rights and people’s rights in relation to healthcare in accordance with the Charter of Fundamental Rights of the European Union.
Amendment 372 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. In so far as it is necessary to facilitate the provision of cross-border healthcare and cross-border emergency medical services and taking as a basis a high level of protection of health, the Commission, in cooperation with the Member States, shall develop guidelines to facilitate the implementation of paragraph 1.
Amendment 398 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall be reimbursed byor paid for by the social security system of the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received. Member States may decide to cover other related costs, such as accommodation and travel costs.
Amendment 480 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. No provision of this Directive requires healthcare providers and/or healthcare systems to accept for planned treatment or to prioritise patients from other Member States to the detriment of other patients with similar health needs, such as through increasing waiting time for treatment.
Amendment 534 #
2008/0142(COD)
Proposal for a directive
Article 9 – paragraph 4 – point (a a) (new)
Article 9 – paragraph 4 – point (a a) (new)
(aa) the urgency of the treatment,
Amendment 558 #
2008/0142(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When healthcare is provided in a Member State other than that where the patient is an insured person, or in a Member State other than that where the healthcare provider resides, is registered or established, such healthcare service is provided according to the legislation of the Member State of treatment in accordance with Art.5.
Amendment 688 #
2008/0142(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall facilitate development and functioning of a network connecting the national authorities or bodies responsible for health technology assessment. Member States shall set up a system based on the principles of good governance including transparency, objectiveness, fair procedures, and full stakeholder participation of all relevant groups, including social partners, health professionals, patients, scientists and industry, for the operation of the network.
Amendment 62 #
2008/0103(CNS)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(a) "farmer" means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity, which represents his main source of income;
Amendment 73 #
2008/0103(CNS)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. All reduction amounts as referred to paragraphs 1 and 2 shall be used within the second pillar only for environmental aims among which priority should be given to soil protection and the safeguarding of water resources.
Amendment 76 #
2008/0016(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Renewable Energy Roadmap demonstrated that a 20% target for the overall share of energy from renewable sources and a 10% target for renewable energy in transport would be appropriate and achievable objectives, and thatwithin a framework that includes mandatory targets should provide the business community with the long term stability it needs to make rational investment decisions in the renewable energy sector.
Amendment 87 #
2008/0016(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In the light of the positions taken by the Commission, the Council and the European Parliament, it is appropriate to establish mandatory targets for an overall 20% share of renewable energy and a 10to consider establishing an 8% share of renewable energy in transport, to be achieved on the basis of binding annual targets, in the European Union's consumption in 2020.
Amendment 90 #
2008/0016(COD)
Proposal for a directive
Recital 10
Recital 10
(10) By contrast, it is appropriate for the 108% target for renewable energy in transport to be set at the same level for each Member State in order to ensure consistency in transport fuel specifications and availability. BecauseNotwithstanding the fact that transport fuels are traded easily, Member States with low endowments of the relevant resources will easily be able toshould focus their investment efforts on energy savings and other renewable sources, rather than merely obtaining renewable transport fuels from elsewhere. While it would technically be possible for the Community to meet its biofuel target solely from domestic production, it is both likely and desirable that the target will in fact be met through a combination of domestic production and imports, with a share of 80% being set for national and/or Community production. To this end, the Commission should monitor the supply of the Community market for biofuels, and should, as appropriate, propose relevant measures to achieve a balanced approach between domestic production and imports, taking into account the development of multilateral and bilateral trade negotiations as well as environmental, cost, energy security and other considerations.
Amendment 99 #
2008/0016(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) An accurate means of assessing the substitution effect of promoting biofuels as a replacement for petroleum-based fuels needs to be introduced. To this end, it is essential to introduce the concept of net energy or EROI (energy return on energy invested), as determined on the basis of a life-cycle energy analysis.
Amendment 103 #
2008/0016(COD)
Proposal for a directive
Recital 34
Recital 34
(30) Biofuel production should be environmentally sustainable and in keeping with labour legislation. Biofuels used for compliance with the targets laid down in this Directive, and those that benefit from national support systems, should therefore be required to fulfil criteria for environmental sustainability. and to comply with International Labour Organisation conventions on workers' rights and working conditions.
Amendment 109 #
2008/0016(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 113 #
2008/0016(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Since the primary purpose of the measures provided for in Articles 15 to 17 of this Directive is to ensure the proper functioning of the internal market and the implementation of current environmental and labour legislation, by harmonising the conditions of sustainability that biofuels and other bioliquids must meet for certain purposes and thus facilitatrequiring the trade between Member States in biofuels and other bioliquids whichto comply with thesespecific conditions, they are based on Article 95 of the Treaty. Since the primary purpose of all other measures provided for in this Directive is the protection of the environment, they are based on Article 175(1) of the Treaty.
Amendment 115 #
2008/0016(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Since the general objectives of achieving a 20% share of renewable energies in the Community's overall energy consumption and a 10n 8% share of biofuels in each Member State's transport petrol and diesel consumptionrenewable energies in the transport sector by 2020 cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 199 #
2008/0016(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The substitution effect of biofuels with respect to petroleum-based fuels needs to be duly assessed. To this end, it is essential to introduce the concept of net energy or EROI (energy return on energy invested), as determined on the basis of a life-cycle energy analysis. An accurate assessment of transport energy will avoid excessive use of imports from developing countries, thus diminishing adverse impacts on food production in those countries. Such assessments will also foster the use of locally produced biomass, which will yield genuine environmental benefits and avoid ethical problems.
Amendment 303 #
2008/0016(COD)
Proposal for a directive
Annex VII a (new)
Annex VII a (new)
Annex VII a Rules for calculating net energy with a view to measuring the substitution effect of biofuels Provision shall be made for the following formula to be used to determine biofuels' real substitution advantage over existing fossil fuels: NE = Pci - Ef - Et where NE is the net energy Ef is the energy spent in the cultivation and processing of each feedstock Et is the energy spent in transport operations Standard Ef values should be set out in a suitable table, with producers being able to indicate a lower value achieved using specific methods. Account needs to be taken of the real net energy values for biofuels, which, at present, are in general relatively low. The investment cost for a given substitution is determined by comparing output and prices.
Amendment 1 #
2008/0014(COD)
Proposal for a decision
Article 1
Article 1
This Decision lays down rules on the determination of thethe minimum contribution of each Member States to meeting the greenhouse gas emission reduction commitment of the Community from 2013 to 2020 for greenhouse gas emissions from sources not covered under Directive 2003/87/EC, and for the evaluation thereof. It also lays down an automatic procedure for implementing a stricter reduction commitment when the Community enters into an international agreement committing the Community to an overall reduction target of more than 20 % by 2020 compared to 1990, such as the 30 % reduction objective as endorsed by European Council in March 2007.
Amendment 2 #
2008/0014(COD)
Proposal for a decision
Article 1 a (new)
Article 1 a (new)
Article 1a Emissions from international maritime transport are covered unless and until they have been brought within the scope of Directive 2003/87/EC or any other Community legal instrument to include them in the Community reduction commitments for the period 2013 - 2020. If by 2011 the sector has not been brought within the scope of Directive 2003/87/EC or of any other Community legal instrument to reduce greenhouse gas emissions of international maritime transport, the Commission shall make proposals by 2012 to that effect by incorporating the sector into this Decision.
Amendment 3 #
2008/0014(COD)
Proposal for a decision
Article 2 - paragraph 2
Article 2 - paragraph 2
In addition, ‘greenhouse gas emissions’ means the emission of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) from sources, expressed in terms of carbon dioxide equivalent, as determined pursuant to Directive 2003/87/EC. On the basis of rules agreed as part of a future international agreement as referred to in Article 3(1), the Commission shall make a proposal to include emissions and removals related to land use, land use change and forestry in this Decision according to harmonised modalities ensuring permanence and the environmental integrity of the contribution of land use, land use change and forestry as well as accurate monitoring and accounting.
Amendment 4 #
2008/0014(COD)
Proposal for a decision
Recital 14 a (new)
Recital 14 a (new)
Amendment 5 #
2008/0014(COD)
Proposal for a decision
Recital 14 b (new)
Recital 14 b (new)
Amendment 6 #
2008/0014(COD)
Proposal for a decision
Article 3 a (new)
Article 3 a (new)
Article 3a Emission levels for the period post 2020 The Community greenhouse gas emissions from sectors not covered under Directive 2003/87/EC shall continue to decrease beyond 2020 on an annual pathway contributing to an overall reduction of greenhouse gas emissions by the Community from all sources of at least 50 % by 2035 and 60 to 80 % by 2050 compared to 1990 levels, with the ultimate objective of eliminating greenhouse gas emissions from fossil fuel use within the European Union. The Commission shall examine by 2012 whether it is appropriate to differentiate the Community reduction target for a further period, and shall make proposals, if appropriate.
Amendment 7 #
2008/0014(COD)
Proposal for a decision
Article 3 b (new)
Article 3 b (new)
Amendment 8 #
2008/0014(COD)
Proposal for a decision
Article 3 - paragraph 3
Article 3 - paragraph 3
3. During the years 2013 to 2019, a Member State may carry forward from the following year a quantity equal to 21% of the greenhouse gas emission limit of that Member State in paragraph 2. If the domestic emissions of a Member State are below the limit in paragraph 2 it may carry over its excess emission reductionsthe difference between its domestic greenhouse gas emissions and that limit to the subsequent year.
Amendment 9 #
2008/0014(COD)
Proposal for a decision
Article 4 - paragraph 4
Article 4 - paragraph 4
4. The annual use of credits by each Member State pursuant to paragraphs 1, 2 and 3 shall not exceed a quantity equal to 38% of the greenhouse gas emissions of that Member State not covered under Directive 2003/87/EC in the year 2005. Each Member State may transfer the unused part of that quantity to another Member State over the period 2013-2020.
Amendment 10 #
2008/0014(COD)
Proposal for a decision
Article 3 - paragraph 3 a (new)
Article 3 - paragraph 3 a (new)
3a. Each Member State, provided it is in complete compliance with the obligations under this decision, may transfer, sell or lend, based on a bilateral agreement notified to the Commission, part of its greenhouse gas emissions entitlement permitted under paragraphs 1 and 2 to another Member State. The acquiring Member State may use the greenhouse gas emissions entitlement to implement its obligations under this Article. Revenues from such transfers shall be used to reduce greenhouse gas emissions through investments in energy efficiency, renewable energy or climate-friendly modes of transport.
Amendment 11 #
2008/0014(COD)
Proposal for a decision
Article 3 - paragraph 3 b (new)
Article 3 - paragraph 3 b (new)
3 b. If the greenhouse gas emissions of a Member State are above the limit set by paragraph 2, this Member State shall compensate for this underachievement in the next year by multiplying the excess greenhouse gas emissions of the previous year by a mandatory additional climate abatement factor of 1,3. If the greenhouse gas emissions of a Member State are below the limit set in paragraph 2, it may carry over its excess emission reductions to the subsequent year.
Amendment 12 #
2008/0014(COD)
Proposal for a decision
Article 5 a (new)
Article 5 a (new)
Article 5a Compliance Mechanism 1. Where the greenhouse gas emissions of a Member State from sources not covered under Directive 2003/87/EC exceed the annual greenhouse gas emission limit pursuant to Article 3 of this Decision, that Member State shall pay an excess emissions penalty equivalent to the amount determined in Article 16 of Directive 2003/87/EC. The excess emissions penalty shall be paid to a Community fund dedicated to enhancing and strengthening the research, development and use of renewable energy and increased energy efficiency and conservation in the European Union. 2. In addition to paragraph 1, the total by which the limit in tonnes of carbon dioxide equivalent is exceeded shall be deducted from the subsequent quantity of allowances auctioned by that Member State pursuant to Article 10(2) of Directive 2003/87/EC. In order to keep the EU Emissions Trading Scheme (ETS) cap intact, these allowances shall be auctioned by the Commission and the revenues shall go into the fund referred to in paragraph 1. 3. The Commission shall establish a mechanism for withholding allowances for auctioning from the respective Member State’s amount of allowances under Article 9a and 10 of Directive 2003/87/EC until excess emissions penalty for non-compliance is received. In order to keep the EU Emissions Trading Scheme (ETS) cap intact, these allowances shall be auctioned by the Commission. The Commission shall also provide for a mechanism to liberate the revenues from the auctioning from the withheld allowances after penalty payment is effectuated by the Member State in question. 4. The Commission shall adopt measures to establish the Community fund referred to in paragraph 1 and the mechanisms referred to in paragraph 3. Those measures, designed to amend non- essential elements of this Decision by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).
Amendment 13 #
2008/0014(COD)
Proposal for a decision
Article 4 - paragraph 2 a (new)
Article 4 - paragraph 2 a (new)
2a. Member States shall only use project credits from renewable energy and end- use efficiency projects that conform to high quality criteria guaranteeing the additionality of projects as well as their contribution to sustainable development. High quality project credits are credits which: and (a) represent real, verifiable, additional and permanent emission reductions from projects with clear sustainable development benefits and no negative environmental or social impacts; (b) originate from projects in countries which are contributing appropriately to global emission reductions under a future international agreement which they have ratified. Harmonised measures confirming which projects or project types meet these criteria may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).
Amendment 14 #
2008/0014(COD)
Proposal for a decision
Article 5
Article 5
1. Member States shall, in their annual reports submitted pursuant to Article 3 of Decision 280/2004/EC, report their annual emissions resulting from the implementation of Article 3 and the use of credits in accordance with Article 4, the use, and geographical distribution of credits in accordance with Article 4 and the implementation and geographical distribution of external adaptation and emission reduction commitment pursuant to Article 4a. These reports shall include biannually projected emissions reductions for the measures planned in all major sectors in order to achieve the 2020, 2035 and 2050 reduction targets. Until conclusion of an international agreement on climate change leading to mandatory reductions in the Community exceeding those pursuant to Article 3, Member States shall prepare policies and measures based on a Community target of -30% by 2020 compared to 1990 . 1a. Member States shall report on their annual greenhouse gas emissions from sources not covered under Directive 2003/87/EC by 31 August of the following year. The Commission shall verify and publish these reports within two months after that date. In the event of non-compliance the provisions of Article 5a shall apply. 2. The Commission shall in its report submitted pursuant to Article 5(1) of Decision 280/2004/EC evaluate whether progress is sufficient to fulfill the commitments under this Decision. The evaluation shall take into account progress in Community policies and measures and information from Member States in accordance with Article 3 and Article 5 of Decision 280/2004/EC. Every two years, starting with the emissions reported for the year 2013, the evaluation shall also include the projected progress of the Community and its Member States towards fulfilling their commitments under this Decision. Member States shall submit an update of their projected progress before 1 July 2016. and for every two subsequent years. The Commission shall assess the impact of EU sectoral policies on the Community's greenhouse gas emissions and the emissions reduction potential relating to these policies. The Commission shall make proposals, as appropriate, to ensure that such policies contribute adequately to achieving the 2020 and 2050 reduction targets. 2a. The standard format for reporting of greenhouse gas emissions resulting from the implementation of Article 3, the use of credits in accordance with Article 4 and the implementation of Article 4 a shall be laid down in accordance with the regulatory procedure with scrutiny referred to in Article 9. 2b. The Commission shall draw up and submit a report to the European Council by 31 December 2011 that sets out, in relation to greenhouse gas emissions reductions required under both sources covered by this Decision and sources covered by Directive 2003/87/EC: - each Member State's greenhouse gas emission limits by 2020 compared to 1990 greenhouse gas emission levels; and - each Member State's greenhouse gas emissions in 2020. 2 c. The Commission will review and, where appropriate, update or amend Decision 280/2004/EC, Decision 2005/166/EC and Commission Regulation (EC) No 2216/2004 in light of the experience drawn from the implementation of this Decision.
Amendment 40 #
2008/0014(COD)
Proposal for a decision
Recital 5
Recital 5
(5) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC established a system for greenhouse gas emission allowance trading within the Community, which covers certain sectors of the economy. In order to cost-effectively achieve the objective of 240% reduction of greenhouse gas emissions by 2020 compared to 1990 levels, all sectors of the economy should contribute to achieving these emission reductions. Member States should therefore implement additional policies and measures in an effort to further limit the emission of greenhouse gases from sources not covered under Directive 2003/87/EC in line with the Kyoto objectives for the years 2012 and beyond.
Amendment 50 #
2008/0014(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Member State reduction efforts should be based on the principle of solidarity between Member States and the need for sustainable economic growth across the Community, taking into account the relative per capita GDP of Member States. Member States that currently have a relatively low per capita GDP and thus high GDP growth expectationscompared to the EU average should be allowed to increase accordingly their greenhouse emissions compared to 2005, but should nonetheless limit this greenhouse emissions growth to contribute to the overall reduction commitment of the Community. Member States that currently have a relatively high per capita GDP should therefore reduce their greenhouse emissions compared to 2005 by a more significant level in order to respect the Community commitment.
Amendment 57 #
2008/0014(COD)
Proposal for a decision
Recital 9
Recital 9
(9) In order to provide for flexibility for Member States in implementing their commitments, to promote sustainable development in third countries, in particular in developing countries, and to provide certainty to investors, the Community should continue to recognise a certain amount of credits from greenhouse gas emission reduction projects in third countries providing that they have been realised and will be implemented by means of renewable energy sources, before a future international agreement on climate change has been reached. Member States should ensure that their policies for purchasing these credits enhance the equitable geographical distribution of projects and enhance the achievement of a future international climate change agreement.
Amendment 65 #
2008/0014(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The continued ability for Member States to use CDM credits is important to help ensure a market for those credits after 2012. To help ensure such market as well as to ensure further greenhouse gas emission reductions within the Community and thus enhance the implementation of the objectives of the Community relating to renewable energy, energy security, innovation and competitiveness, it is proposed to allow the annual use by Member States of credits from greenhouse gas emission reduction projects in third countries, until a future international agreement on climate change has been reached, up to a quantity representing 31% of the greenhouse gas emissions of each Member State not covered under Directive 2003/87/EC in the year 2005. This quantity is equivalent to a third of the reduction effort in 2020. Member States should be allowed to transfer the unused part of that quantity to other Member States.
Amendment 82 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph -1 (new)
Article 3 – paragraph -1 (new)
-1. The Community shall, by 2020, limit its domestic greenhouse gas emissions by at least 40% compared to 1990 levels. Greenhouse gas emissions from sources not covered under Directive 2003/87/EC should undertake one third of the emission reduction effort required to meet this target, using 2005 emissions as the baseline. The corresponding greenhouse gas emission limits and amounts in tonnes of CO2 equivalent per Member State for sources not covered under Directive 2003/87/EC, shall be calculated by the Commission.
Amendment 86 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Until a future international agreement on climate change has been concluded by the Community leading to emission reductions exceeding those required pursuant to this Article, eEach Member State shall, by 2020, limit its domestic greenhouse gas emissions from sources not covered under Directive 2003/87/EC at a minimum by the percentage set for that Member State according theo a new Annex to this Decision in relation to its emissions in the year 2005 to be provided by the Commission.
Amendment 87 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Until a future international agreement on climate change has been concluded by the Community leading to emission reductions exceeding those required pursuant to this Article, eEach Member State shall, by 2020, limit its domestic greenhouse gas emissions from sources not covered under Directive 2003/87/EC at a minimum by the percentage set for that Member State in the Annex to this Decision in relation to its emissions in the year 2005.
Amendment 93 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. No credits from project activities may be used for the implementation of obligations under this article, unless at least an overall 40% reduction in the Community’s domestic greenhouse gas emissions is guaranteed.
Amendment 100 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Subject to paragraph 3 and Article 4, each Member State shall annually limit those greenhouse gas emissions in a linear manner to ensure that those emissions do not exceed the maximum level for that Member State in 2020 as specified in the Annex to be provided by the Commission.
Amendment 104 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 3
Article 3 – paragraph 3
3. During the years 2013 to 2019, a Member State may carry forward from the following year a quantity equal to 21% of the greenhouse gas emission limit of that Member State in paragraph 2. If theonly the domestic greenhouse gas emissions of a Member State are below the limit in paragraph 2 it may carry over its excess emission reductions, the difference between the domestic level of greenhouse gas emissions and the captioned limit may be carried over to the subsequent year.
Amendment 126 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a). Certified Emission Reductions (CERs) and Emission Reduction Units (ERUs) issued in respect of emission reductions until 31 December 2012 from renewable energy sources and demand -site efficiency project types which were accepted by all Member States pursuant to Directive 2003/87/EC during the period 2008 to 2012, by excluding CERs from large hydropower projects.
Amendment 131 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b). CERs issued in respect of emission reductions from 1 January 2013 from renewable energy sources and demand - site efficiency projects which were registered during the period 2008 to 2012 of which the project type was accepted by all Member States pursuant to Directive 2003/87/EC during the period 2008 to 2012, by excluding CERs from large hydropower projects.
Amendment 136 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) CERs issued in respect of emission reductions achieved from renewable energy sources and demand-site efficiency projects implemented in Least Developed Countries of which the project type was accepted by all Member States pursuant to Directive 2003/87/EC during the period 2008 to 2012, by excluding CERs from large hydropower projects and until those countries have ratified an agreement with the Community or until 2020, whichever is the earlier.
Amendment 148 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The annual use of credits by each Member State pursuant to paragraphs 1, 2 and 3 shall not exceed a quantity equal to 31% of the greenhouse gas emissions of that Member State not covered under Directive 2003/87/EC in the year 2005.
Amendment 150 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Amendment 155 #
2008/0014(COD)
Proposal for a decision
Article 4 a (new)
Article 4 a (new)
Amendment 190 #
Amendment 5 #
2007/2253(INI)
Motion for a resolution
Recital 4 a (new)
Recital 4 a (new)
– having regard to the Boogerd-Quaak report of 5 April 2004 on the risks of violation, in the EU and especially in Italy, of freedom of expression and information (Article 11(2) of the Charter of Fundamental Rights),
Amendment 133 #
2007/2253(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
Va. whereas, in the information society, media education is an essential means of empowering citizens to make an informed and active contribution to democracy,
Amendment 145 #
2007/2253(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that where Member States are unable or unwilling to respond in the proper way to manifest violations of freedom of expression and information, the EU has a political, moral, and legal obligation to ensure, within its spheres of responsibility, that its citizens are not denied their rights regarding free, pluralistic media;
Amendment 160 #
2007/2253(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the need to institute monitoring and implementation systems for media pluralism based on reliable and impartial indicators, taking into account the degree of horizontal media concentration (viewing figures, number of licence- holders, proportion of financing from revenue, frequency restrictions, and shareholdings in broadcasters), vertical concentration, and cross-ownership;
Amendment 161 #
2007/2253(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that independent productions have an important role to play in safeguarding pluralism; considers the experiences of regional, local, and community media to be interesting from the point of view of promoting pluralism;
Amendment 171 #
2007/2253(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for the EU and Member State authorities to ensure journalistic and editorial independence by appropriate and specific legal and social guarantees, as well as for the media owners to follow the best practice in each market where they operatend therefore points to the importance of editorial charters to prevent owners or shareholders, or outside bodies such as governments, from interfering with news content;
Amendment 203 #
2007/2253(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Maintains that the purpose of media education must be, as is laid down in Council of Europe Recommendation 1466 (2000), to provide citizens with the means of bringing critical interpretation to bear on, and utilising, the ever growing volume of information being imparted to them; considers that this learning process will thus enable citizens to formulate messages and select the most appropriate media for communicating them, and hence to exercise their rights to the full where freedom of information and expression is concerned;
Amendment 214 #
2007/2253(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the threat to pluralism in the EU lies in the control exercised over the media by political bodies or leaders and by certain business organisations such as advertising agencies and that national, regional, or local governments should not, as a matter of principle, abuse their position by influencing the media; considers, further, that even more watertight safeguards should be laid down whenever a member of a government has specific interests connected with the media;
Amendment 215 #
2007/2253(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Maintains that legislation should be adopted at European level with a view to prohibiting prominent politicians or candidates for office from holding substantial interests in the media industry; believes that legal means should be put in place in order to avert every possible conflict of interests and calls on the Commission to submit proposals aimed at ensuring that members of governments will not be in a position to exploit their media holdings for political ends;
Amendment 161 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The excess emissions premium under paragraph 1 shall be calculated using the following formula: Excess emissions x number of new passenger cars whose mean does not comply with the specific emission target of the manufacturer x excess emissions premium prescribed in paragraph 3. Where: 'Excess emissions' means the positive number of grams per kilometre by which the manufacturer's average specific emissions exceeded its specific emissions target in the calendar year rounded to the nearest three decimal places; and 'Number of new passenger cars whose mean does not comply with the specific emission target of the manufacturer' means the number of new passenger cars for which it is the manufacturer and which were registered in that year whose emissions exceed a limit, such as the mean emissions from all vehicles registered by the manufacturer with emissions below this limit, corresponds to the specific target of the manufacturer.
Amendment 67 #
2007/0288(CNS)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) and (4) thereof, and mindful also of Title III, Chapter 1,
Amendment 69 #
2007/0288(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) To achieve the objectives of the Lisbon Process it is also important to foster the mobility within the Union of highly qualified workers who are EU citizens, and in particular from the Member States which acceded in 2004 and 2007. In implementing this Directive, Member States are bound to respect the principle of Community preference as expressed in particular in the relevant provisions of the Acts of Accession of 16 April 2003 and 25 April 2005.
Amendment 70 #
2007/0288(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive is intended to contribute to achieving these goals and addressing these labour shortages by fostering the admission and mobility – for the purposes of highly qualified employment – of third- country nationals for stays of more than three months, in order to make the Community more attractive to such workers from around the world and sustain its competitiveness and economic growth. To reach these goals, it is necessary to facilitate the admission of highly qualified workers and their families by establishing a fast-track admission procedure and by granting them equal social and economic rights with nationals of the host Member State in a number of areas. As concerns these rights, this Directive builds on the corresponding provision of Directive … [“on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third country workers legally residing in aequal to those of nationals of the host Member State”].
Amendment 75 #
2007/0288(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) The occupational and geographical mobility of third-country highly qualified workers should be recognised as a primary mechanism for improving labour market efficiency, preventing skill shortages and offsetting regional imbalances. In order to respect the principle of Community preference and to avoid possible abuses of the system, the occupational mobility of a third-country highly qualified worker should be limited for the first two years of legal residence in a Member State.
Amendment 90 #
2007/0288(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 102 #
2007/0288(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions concerning conditions of entry and residence for persons to whom it applies, except for entry into the first Member State.
Amendment 110 #
2007/0288(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary threshold defined and published for the purpose by the Member States which shall be at least three times the minimum gross monthly wage as set by national law. Member States where minimum wages are not defined shall set the national salary threshold to be at least three times the minimum income under which citizens of the Member State concerned are entitled to social assistance in that Member State, or to be in line with applicable collective agreements or practices in the relevant occupation brancheseither: - be defined by the social partners at the relevant level; or, - be at least 1.5 times the average gross monthly wage. In any event, the gross monthly salary specified in the work contract or binding job offer shall not be inferior to the wages which apply or would apply to a comparable worker in the host country.
Amendment 119 #
2007/0288(CNS)
Proposal for a directive
Article 7
Article 7
Amendment 122 #
2007/0288(CNS)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The initial validity of an EU Blue Card shall be of two years and shall be renewed for at least the same duration. If the work contract covers a period less than two years, the EU Blue Card shall be issued for the duration of the work contract plus threesix months.
Amendment 124 #
2007/0288(CNS)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 130 #
2007/0288(CNS)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States may withdraw or refuse to renew an EU Blue Card for reasons of public policy, public security or public health. Measures taken for reasons of public policy or public security shall be in accordance with the proportionality principle and relate solely to the personal conduct of the person to whom they are to be applied. The behaviour of that person must constitute, at the moment in question, a genuine threat of such seriousness as to adversely affect a fundamental interest of society. Grounds irrelevant to the individual case or related to general prevention shall not be taken into consideration.
Amendment 137 #
2007/0288(CNS)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. If a third-country national already legally resident or staying on the territory of a Member State applies for an EU Blue Card, he/she shall be entitled to remain on the territory of the Member State where the application was submitted until such time as the examination procedure has been concluded, including the time allowed for a possible appeal in the event of rejection.
Amendment 139 #
2007/0288(CNS)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. For the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, access to the labour market for the person concerned shall be restricted to theas holder of an EU Blue Card, the person concerned may enter the labour market in order to exercise of paid employment activities which meet the conditions for admission set out in Articles 5 and 6. Modifications of the terms of the work contract that affect the conditions for admission or changes in the work relationship shall be subject to the prior authorisationnotified in advance, in writing of, to the competent authorities of the Member State of residence, according to national procedures and within the time limits set out in Article 12(1).
Amendment 141 #
2007/0288(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. After the first two years of legal residence in the Member State concerned as holder of an EU Blue Card, the person concerned shall enjoy equal treatment withequal to that accorded to nationals as regards access to highly qualified employment. The holder of the EU Blue Card shall notify changes in his/her work relationship to the competent authorities of the Member State of residence, according to national procedures.
Amendment 144 #
2007/0288(CNS)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 146 #
2007/0288(CNS)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 147 #
2007/0288(CNS)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Unemployment in itself shall not constitute a reason for revoking an EU Blue Card, unless the period of unemployment exceeds threesix consecutive months.
Amendment 149 #
2007/0288(CNS)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The EU Blue card holder shall have the right to remain on the territory for as long as he is engaged in training activities aimed at further increasing his/her professional skills or re-qualification of his/her professional profile.
Amendment 158 #
2007/0288(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 161 #
2007/0288(CNS)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 166 #
2007/0288(CNS)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. By way of derogation from Article 5(4), first subparagraph, of Directive 2003/86/EC, residence permits for family members shall be granted at the latess soon as possible, wherever possible in conjunction with the decision to issue the EU Blue Card, and in any event within six months from the date on which the application was lodged.
Amendment 59 #
2007/0286(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Compliance with the emission limit values provided for in this Directive should be regarded as a necessary, though not sufficient, condition for meeting the objectives of preventing and reducing pollution and enabling the environment, water, the air, soil, and the public to be protected to a high degree. In order to meet those objectives, it may be necessary to lay down more stringent limit values for the polluting substances covered by this Directive, emission values for other substances and environmental components, and other appropriate conditions.
Amendment 77 #
2007/0286(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Implementation of the Community strategy on dioxins, furans, and polychlorinated biphenyls requires revision of the modes of expression of the equivalence factors for dibenzo-p-dioxins and dibenzofurans and an extension in the scope of those factors to cover dioxin- like polychlorinated biphenyls.
Amendment 78 #
2007/0286(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The co-incineration of waste in plants not primarily intended to incinerate waste should not be allowed to cause higher emissions of polluting substances in that part of the exhaust gas volume resulting from such co-incineration than those permitted for dedicated incineration plants and should therefore continue to be subject to appropriate limitations.
Amendment 86 #
2007/0286(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) This Directive shall not apply to research activities, development activities or the testing of new products and processes as defined by the Commission.
Amendment 92 #
2007/0286(COD)
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
(7) ‘permit’ means a written authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant. A permit may cover one or more installations or parts of installations operated by the same operator on the same site. A permit may apply to one or more functionally interconnected installations or parts thereof on different sites or to functionally interconnected installations or parts thereof on the same site, with different operators;
Amendment 93 #
2007/0286(COD)
Proposal for a directive
Article 3 – point 8 – subpoint 1 a (new)
Article 3 – point 8 – subpoint 1 a (new)
For the purposes of this definition, changes to, or extensions of, an installation shall be considered substantial if they are greater than or equal to any thresholds or if the increase resulting from the change or extension causes any thresholds laid down in Annexes I, VII, and VIII to be exceeded.
Amendment 100 #
2007/0286(COD)
Proposal for a directive
Article 3 – point 15
Article 3 – point 15
(15) 'baseline report' means quantified and detailed information on the state of soil and groundwater contamination by dangerous substancesthe soil, including soil biodiversity and groundwater for the purpose of returning the site to the state in which it was before a new installation commenced operation or when a permit for an existing installation was updated;
Amendment 118 #
2007/0286(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. A permit may cover two or more installations or parts of installations operated by the same operator on the same site or on different sites. Where a permit covers two or more installations, each installation shall comply with the requirements of this DirectiveA permit may apply to one or more functionally interconnected installations or parts thereof on different sites or to functionally interconnected installations or parts thereof on the same site, with different operators. Where a permit covers two or more installations, each installation shall comply with the requirements of this Directive. Where there are several operators operating different installations or different parts of installations on the same site, the permit may lay down common conditions and rules for those operators.
Amendment 140 #
2007/0286(COD)
Proposal for a directive
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) where applicable, a baseline reporta report on the conditions of the site of the installation, including a baseline report with quantified and detailed information on the state of the soil, including soil biodiversity, and groundwater;
Amendment 161 #
2007/0286(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The BAT reference documents shall in particular describe the best available techniques, the associated emission levels and associated monitoring, the monitoring of soil and groundwater and remediation of the site and the emerging techniques, giving special consideration to the criteria listed in Annex III. The Commission shall review and update the BAT reference documents as appropriate finalising the revision at the latest 7 years after the publication of the last version. The Commission or the Member States shall ensure that BAT defining chapters of the final documents referred to in Article 20 shall be made available in the official language of the competent authority upon request.
Amendment 172 #
2007/0286(COD)
Proposal for a directive
Article 15 – paragraph 1 – letter f a (new)
Article 15 – paragraph 1 – letter f a (new)
(fa) The permit shall contain specific provisions establishing minimal energy efficiency requirements in line with energy efficiency levels determined as BAT in BREF documents.
Amendment 178 #
2007/0286(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. BAT reference documents shall be the binding reference for setting the permit conditions. and clearly implemented. Permit conditions shall be drafted in order to deliver a high level of protection of the environment as a whole by means of protection of the air, water and land. To this end, competent authorities may provide for stricter permit conditions than provided in the BAT reference documents.
Amendment 190 #
2007/0286(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
The competent authority shall set emission limit values that do not exceed the lower end of the emission levels associated with the best available techniques as described in the BAT reference documents.
Amendment 191 #
2007/0286(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 211 #
2007/0286(COD)
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5a. Where necessary in order to achieve targets under the National Emissions Ceiling Directive, competent authorities shall set emission limit values stricter than those associated with BAT in the BREFs.
Amendment 238 #
2007/0286(COD)
Proposal for a directive
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. Where the Commission adopts a new or updated BAT reference document, Member States shall, within fourtwo years of publication, ensure that the competent authority, where necessary, reconsiders and updatesreconsider and update where necessary, the permit conditions for the installations concerned.
Amendment 241 #
2007/0286(COD)
Proposal for a directive
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
Amendment 259 #
2007/0286(COD)
Proposal for a directive
Article 24
Article 24
The report on compliance referred to in point (1) of Article 8 shall include a comparison between the operation of the installation, including the level of emissions, and the best available techniques as described in the BAT reference documents. All reports shall be made permanently publicly available online.
Amendment 261 #
2007/0286(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall set up a system of inspections of installations. That system shall include on site inspections including at least 3 random and non-routine inspections per year. Member States shall ensure that a sufficient number of skilled persons are available to carry out these inspections.
Amendment 268 #
2007/0286(COD)
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
Those programmes shall include at least one3 random site visits every twelve months, for each installation, unless. If those programmes are based on a systematic appraisal of the environmental risks of the particular installations concerned the frequency of site visits may be lowered to a minimum of once per year.
Amendment 291 #
2007/0286(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Points (a) and (b) of paragraph 1 shall not apply where all of the following conditions are met: (a) the new installation or substantial change is subject to Directive 85/337/EEC; (b) general binding rules cover all of the necessary permit conditions; (c) there is no need to impose any stricter requirements to comply with Article 19The competent authority shall ensure that within three weeks of being received, validated permit applications are made permanently available to the public online until definitive cessation of the concerned activities.
Amendment 293 #
2007/0286(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. When a decision on granting, reconsideration or updating of a permit, or on the adoption or updating of general binding rules has been taken, the competent authority shall make permanently available online to the public the following information:
Amendment 298 #
2007/0286(COD)
Proposal for a directive
Article 29 – paragraph -1 (new)
Article 29 – paragraph -1 (new)
-1. With a view to exchanging information, Member States shall take the necessary measures to send the Commission every three years, and on the first occasion within 18 months of the date on which this Directive enters into force, the available representative data on site-specific capacities of installations, the emission limit values, the emissions and other environmental effects and limit values laid down by specific category of activities in accordance with Annex I and the best available techniques from which those values are derived in accordance with, in particular, Article 16. On subsequent occasions the data shall be supplemented in accordance with the procedures laid down in paragraph 3 of this Article and Article 67. The information shall be updated and structured, taking into account the guidance document on improving the collection and submission of data for deriving useful BAT conclusions, and made available to the Commission and to the public in an electronic form. An evaluation report shall be published in the official languages of the EU by the Commission in an electronic form.
Amendment 301 #
2007/0286(COD)
Proposal for a directive
Article 29 – introductory part
Article 29 – introductory part
The Commission shall organise an exchange of information with Member States, the industries concerned that are represented in an equal share by industrial system providers and operators and non- governmental organisations promoting environmental protection. The Commission shall develop and publish rules for the collection of data, the determination of BAT and related BAT associated emission levels. The exchange of information shall be organised on the following:
Amendment 329 #
2007/0286(COD)
Proposal for a directive
Article 34 – paragraph 2 – subparagraph 2
Article 34 – paragraph 2 – subparagraph 2
The operator shall notify the competent authority as soon as possible and in any event within 48 hours after the malfunction or breakdown of the abatement equipment.
Amendment 330 #
2007/0286(COD)
Proposal for a directive
Article 34 – paragraph 2 – subparagraph 3
Article 34 – paragraph 2 – subparagraph 3
The cumulative duration of unabated operation shall not exceed 1260 hours in any twelve-month period.
Amendment 342 #
2007/0286(COD)
Proposal for a directive
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) a list of all categories of waste which may be treated using at least the six figure categories of waste set up in the European Waste List established by Commission Decision 2000/532/EC , and containing information on the authorised quantity of each category of waste, where appropriate;
Amendment 343 #
2007/0286(COD)
Proposal for a directive
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) the total waste incinerating or co- incinerating capacity of the plant and the maximum yearly amount of waste that could be treated by incineration or co- incineration;
Amendment 346 #
2007/0286(COD)
Proposal for a directive
Article 42
Article 42
In the case of a breakdown, the operator shall reduce or close down operations as soon as practicable until normal operations can be restored and inform the competent authorities as soon as possible.
Amendment 357 #
2007/0286(COD)
Proposal for a directive
Article 52 – paragraph 11
Article 52 – paragraph 11
(11) 'reuse ' means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;
Amendment 358 #
2007/0286(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. By derogation from point (a) of paragraph 1, where the operator demonstrates to the competent authority that for an individual installation the emission limit value for fugitive emissions is not technically and economically feasible, the competent authority may allow emissions to exceed that emission limit value provided that significant risks to human health or the environment are not to be expected and that the operator demonstrates to the competent authority that the best available techniques are being used; fully in compliance with Directive 98/24 on protection of workers from chemical substances;
Amendment 360 #
2007/0286(COD)
Proposal for a directive
Article 59 – paragraph 2 a (new)
Article 59 – paragraph 2 a (new)
Information should be updated and available online to the public in the official languages of the EU.
Amendment 362 #
2007/0286(COD)
Proposal for a directive
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Member States shall ensure that information is made permanently available to the Commission and to the public on the implementation of this Directive, on representative data on capacities of installations, the emissions and other environmental effects, on emission limit values and on the application of best available techniques in accordance with Articles 15 and 16. Member States shall develop and regularly upgrade national information systems to make availablepermanently available to the public in an electronic format the information referred to in the first subparagraph, taking into account the guidance document on improving the collection and submission of data for deriving useful BAT conclusions. Member States shall ensure that all the results of the monitoring of emissions and the environment as referred to in Articles 35, 43, 55 and 65 shall be made available to the exchange of information mentioned in Article 29(2).
Amendment 375 #
2007/0286(COD)
Proposal for a directive
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Directive 2001/80/EC as amended by the acts listed in Annex IX, Part A is repealed with effect from 1 January 20164, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B
Amendment 378 #
2007/0286(COD)
Proposal for a directive
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 381 #
2007/0286(COD)
Proposal for a directive
Article 73 – paragraph 4 – subparagraph 1
Article 73 – paragraph 4 – subparagraph 1
Amendment 414 #
2007/0286(COD)
Proposal for a directive
Annex I – point 6.6. – point a
Annex I – point 6.6. – point a
(a) 4036000 places for broilers or 30 27000 places for laying hens or 24 2000 places for ducks or 11 50000 places for turkeys
Amendment 421 #
2007/0286(COD)
Proposal for a directive
Annex I – point 6.9.
Annex I – point 6.9.
6.9. Preservation of wood and wood products with a production capacity exceeding 750 m3 per day.
Amendment 430 #
2007/0286(COD)
Proposal for a directive
Annex V – Part 1 – point 2 – table
Annex V – Part 1 – point 2 – table
2. Emission limit values (mg/Nm3) for SO2 for boilers using solid or liquid fuels Rated thermal Coal and lignite Biomass Peat Liquid fuels input (MWth) 50-100 4200 200 200 3100 3 150 * 100-300 25100 200 200 3100 2 150 * > 300 200 200 200 200 50 50 100 ** *in the event of fluidised bed combustion **in the event of circulating or pressurised fluidised bed combustion
Amendment 434 #
2007/0286(COD)
Proposal for a directive
Annex V – Part 1 – point 4 – table
Annex V – Part 1 – point 4 – table
4. Emission limit values (mg/Nm3) for NOx for boilers using solid or liquid fuels Rated thermal input Coal and lignite * Biomass and Liquid fuels (MWth) peat 50-100 300 200 30150 4150 450 in case of pulverised lignite combustioncoal combustion: emission value of 90mg/Nm3 for plants with a rated thermal input up to and including 300MWth 100-300 2 100 2150 20150 > 300 200 50 2050 1 50
Amendment 477 #
2007/0286(COD)
Proposal for a directive
Annex VI – Part 2 – table
Annex VI – Part 2 – table
Amendment 485 #
Amendment 521 #
2007/0286(COD)
Proposal for a directive
Annex VI – Part 6 – point 2.6 – introductory part
Annex VI – Part 6 – point 2.6 – introductory part
2.6. The competent authority may decide to require less than two measurementshe 6-month test period per year for no measurements for heavy metals and for dioxins and furansthe continuous measurement of the sum of heavy metals with at least a test period of a minimum of 3 months per year. The competent authority may decide to require less than the continuous sampling of dioxins and furans to a minimum of 4 series of 14 days' sampling and measurement analysis per year, in the following cases:
Amendment 15 #
2007/0229(CNS)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) thereof, and mindful also of Title III, Chapter 1,
Amendment 30 #
2007/0229(CNS)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) thereof, and mindful also of Title III, Chapter 1,
Amendment 44 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) education and vocational training, including access to study grants;
Amendment 52 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 1 – point h a (new)
Article 12 – paragraph 1 – point h a (new)
(ha) facilities to promote the mobility of workers and potential workers who are citizens of third countries within the European Union.
Amendment 56 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point a
Article 12 – paragraph 2 - point a
Amendment 61 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point b
Article 12 – paragraph 2 - point b
Amendment 66 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point c
Article 12 – paragraph 2 - point c
Amendment 70 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point d
Article 12 – paragraph 2 - point d
Amendment 76 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 - point e
Article 12 – paragraph 2 - point e
Amendment 80 #
2007/0229(CNS)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall take active measures to guarantee the right of workers who are third-country nationals to be taught the language(s) most widespread in the Member State with a view to promoting job security, assisting integration into the local labour market and promoting access to vocational training and education.
Amendment 81 #
2007/0229(CNS)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Sanctions Member States shall take the necessary measures to ensure that any infringement of the rights arising from this Chapter is subject to effective, proportionate and dissuasive measures, including sanctions.
Amendment 44 #
2007/0094(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The provisions should not cover third- country nationals who are not illegally staying. This excludes third-country nationals who are family members of citizens of the Union exercising their right to free movement within the Community, and those who, under agreements between the Community and its Member States, on the one hand, and the countries of which they are nationals, on the other, enjoy rights of free movement equivalent to those of citizens of the Union. It also excludes third-country nationals who are in a situation covered by Community law, such as those who are lawfully employed in another Member State and who are posted by a service provider to another Member State in the context of the provision of services or those who are beneficiaries of asylum measures or have refugee status.
Amendment 51 #
2007/0094(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The employer should in any case be required to pay to the third-country nationals any outstanding remuneration and other work-related financial entitlements for the work they have undertaken and any outstanding taxes and social security contributions.
Amendment 52 #
2007/0094(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to secure the effectiveness of this Directive, employers should return any undue profit generated by the illegal employment of third-country nationals to the employees concerned. Outstanding remuneration and other work-related financial entitlements to be reimbursed should therefore be equal to those that would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 55 #
2007/0094(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States should ensure that claims are lodged and mechanisms created to guarantee that recovered amounts of outstanding remuneration and other work- related financial entitlements are received by the third-country nationals to whom they are due.
Amendment 59 #
2007/0094(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In view of the prevalence of subcontracting in certain affected sectors, it is necessary to ensure that all the undertakings in a chain of subcontracting, including temporary work agencies that assign workers to work temporarily, under their supervision, for a user undertaking, are held jointly and severally liable to pay financial sanctions against an employer at the end of the chain who employs illegally staying third-country nationals.
Amendment 62 #
2007/0094(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To guarantee the full effectiveness of the general prohibition, there is therefore a particular need for more dissuasive sanctions in serious cases, such as: repeated infringements, illegal employment of a significant number of third-country nationals, particularly exploitative working conditions and where the employer knows that the worker is a victim of human trafficking. Working conditions should be considered particularly exploitative where there is a significant difference in pay or in working conditions, particularly those affecting workers’ wages, working hours and health and safety, from those enjoyed by legally employed workers.
Amendment 63 #
2007/0094(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In all cases deemed to be serious according to the present Directive the infringement should therefore be considered a criminal offence throughout the Community when committed intentionally. The criminal offence should be without prejudice to application of the Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings.
Amendment 64 #
2007/0094(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) In order to provide for an effective level of protection against exploitative labour conditions, legal entities, victim associations, non-governmental organisations and other bodies such as trade unions should be empowered to engage either on behalf or in support of any victim, in proceedings, without prejudice to the national rules of procedure concerning representation and defence before the courts. To encourage victims to lodge complaints, designated third parties should be entitled to keep confidential complainants' identity and place of residence.
Amendment 67 #
2007/0094(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive is without prejudice to Member States' competence to adopt accompanying measures stimulating the transformation of undeclared work into declared employment.
Amendment 76 #
2007/0094(COD)
Proposal for a directive
Article 2 – point f
Article 2 – point f
(f) "subcontractor" means a natural or legal person to whom the execution of all or part of the obligations of a prior contract is assigned, including temporary work agencies and any other intermediaries.
Amendment 80 #
2007/0094(COD)
Proposal for a directive
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) “remuneration" means rates of pay, including overtime rates, that are equal to those which would have been enjoyed by comparable workers in a declared employment relationship.
Amendment 94 #
2007/0094(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States may give employers a reasonable time limit within which to bring the situation of the employed third- country nationals into line with national law.
Amendment 96 #
2007/0094(COD)
Proposal for a directive
Article 6 – paragraph 2 – point (b)
Article 6 – paragraph 2 – point (b)
Amendment 101 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. IWithout prejudice to the second paragraph of Article 5, in respect of each infringement of Article 3 Member States shall ensure that the employer pays:
Amendment 105 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) any other work-related financial entitlements, as defined by law, regulation or administrative provisions and/or by collective agreement, to the illegally employed third-country national;
Amendment 108 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. In order to apply paragraph 1(a) and (aa), Member States shall:
Amendment 110 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) enact mechanisms to ensure that the necessary procedures to claim back outstanding remuneration and other work- related financial entitlements are triggered automatically without the need for the third-country national to introduce a claim;
Amendment 113 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall take the necessary measures to ensure that illegally employed third-country nationals receive any back payment of remuneration and other work- related financial entitlements recovered under paragraph 1(a) and (aa), including in cases in which they have or have been returned.
Amendment 116 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In respect of criminal offences covered by Article 10(1)(c), Member States shall take the necessary measures to ensure that the execution of any return decision is postponed until the third-country national has received any back payment of their remuneration and other work-related financial entitlements recovered under paragraph 1(a) and (aa).
Amendment 118 #
2007/0094(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall take action to help workers previously employed on an illegal basis to be integrated into the employment market.
Amendment 123 #
2007/0094(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Each Member State shall ensure that the infringement referred to in Article 3 constitutes a criminal offence when committed intentionally, in the following circumstances:
Amendment 137 #
2007/0094(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Designated third parties 1. Member States shall ensure that legal entities, associations, non-governmental organisations, local authorities and other bodies such as trade unions, which have, in accordance with the criteria laid down in the relevant national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of an illegally employed third-country national, in any judicial, administrative and/or criminal proceedings provided for with the objective of implementing this Directive. 2. Member States shall allow designated third parties who lodge a complaint against an employer on behalf of an illegally employed third-country national not to disclose the complainant's identity or place of residence. 3. For the purpose of the application of this Directive, Member States shall impose no sanctions against designated parties providing assistance to third- country nationals for having facilitated their unauthorised residence.
Amendment 141 #
2007/0094(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall ensure that the inspections referred to in paragraphs 1 and 2 are, without prejudice to labour inspections, carried out solely with the view to assess work conditions, with particular regard to evaluating security and health conditions, regardless of the status of the worker.
Amendment 148 #
2007/0094(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Relationship with national measures This Directive shall be without prejudice to any national measures that seek either to encourage the transformation of undeclared employment into declared employment or to regularise undocumented workers.
Amendment 149 #
2007/0094(COD)
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Non regression Nothing in this Directive shall be interpreted as constituting grounds for a reduction in the level of protection of vulnerable third-country nationals already provided by Member States in the fields covered by this Directive
Amendment 13 #
2006/0132(COD)
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Articles 152(4) and 175(1) thereof,
Amendment 14 #
2006/0132(COD)
Recital 1
(1) In line with Articles 2 and 7 of Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme, this Directive establishes a common legal framework for achieving a sustainable use of pesticides should be established, taking account of the precautionary principle.
Amendment 15 #
2006/0132(COD)
Recital 2
(2) At present, this Directive should apply to pesticides which are plant protection products. However, it is anticipated that the scope of this Directive will be extended to cover biocidal products by 2012.
Amendment 16 #
2006/0132(COD)
Recital 4
(4) National Action Plans aimed at setting quantitative objectives, targets, measures, indicators and timetables to reduce risks and impacts of pesticide use onpesticide use and the risks to human health and the environment and at encouraging the development and introduction of Integrated Pest Management and of alternative non-chemical approaches or techniques in order to reduce dependency on the use of pesticides should be used by Member States in order to facilitate the implementation of this Directive. National Action Plans mayshould be coordinated with implementation plans under other relevant Community legislation and could be used for grouping together objectives to be achieved under other Community legislation related to pesticides.
Amendment 18 #
2006/0132(COD)
Recital 9
(9) Considering the possible risks from the use of pesticides, in particular their acute and chronic health effects and their environmental effects, consumers and the general public should be better informed on the overall impacts of the use of pesticides particularly through the media but also through awareness- raising campaigns, information passed on through retailers and other appropriate measures about both the health and environmental risk and short and long-term adverse effects related to the use of pesticides and about non-chemical alternatives. Member States should monitor and collect data on impacts of pesticide use, including poisoning incidents, and promote long- term research programmes on the effects of pesticide use.
Amendment 21 #
2006/0132(COD)
Recital 12
(12) Aerial spraying of pesticides has the potential to cause significant adverse impacts on human health and the environment, in particular from spray drift. Therefore, aerial spraying should generally be prohibited with derogations possible where it represents clear advantages in terms of reduced impacts on human health and the environment in comparison with other spraying methods, or where there are no viable alternatives, provided that the best available technology to reduce drift is used (e.g. low-drift nozzles) and the health of residents or bystanders is not affected.
Amendment 22 #
2006/0132(COD)
Recital 14
(14) Use of pesticides can be particularly dangerous in very sensitive areas, such as Natura 2000 sites protected in accordance with Directives 79/409/EEC and 92/43/EEC. In other places such as residential areas, public parks, sports grounds or children's playgroundsand recreation grounds, school grounds and children's playgrounds, and in the vicinity of public healthcare facilities (clinics, hospitals, rehabilitation centres, health resorts, hospices), the risks from exposure to pesticides of the general public are high. Use of pesticides in those areas should, therefore, be prohibited, restricted or the risks arising from such use minimised.
Amendment 24 #
2006/0132(COD)
Recital 16
(16) The application of general principles and crop and sector specific guidelines of Integrated Pest Management by all farmers would result in a better targeted use of all available pest control measures, including pesticides. Therefore, it contributes to a further reduction of the risks to human health and the environment and the dependency on the usereduction of pesticides use. Member States should promote low pesticide-input pest management, in particular Integrated Pest Management, and establish the necessary conditions and measures for its implementation. Additionally, Member States should implement mandatory crop- specific standards of Integrated Pest Management. Member States should use economic instruments for the promotion of Integrated Pest Management to provide advice and training for farmers, and to reduce the risks of pesticide use. A levy on pesticide products should be considered as one of the measures to finance the implementation of general and crop- specific methods and practices of Integrated Pest Management and the increase of land under organic farming.
Amendment 30 #
2006/0132(COD)
Article 1
This Directive establishes a framework to achieve a sustainable use of pesticides by reducing their use and the risks and impacts of pesticide use on human health and the environment in line with the precautionary principle and promoting the use of Integrated Pest Management and of alternative approaches or technique, giving priority to non-chemical methods.
Amendment 31 #
2006/0132(COD)
Article 2 – paragraph 2 a (new)
2a. Member States may provide subsidies or take fiscal measures to encourage the use of less harmful pesticides. This may include the introduction of a pesticides levy on all products except non-chemical products or low-risk plant protection products as defined in Article [50(1)] of Regulation (EC) No ... [concerning the placing of plant protection products on the market].
Amendment 32 #
2006/0132(COD)
Article 2 – paragraph 2 b (new)
2b. The provisions of this Directive shall not prevent Member States from applying the precautionary principle in restricting or prohibiting the use of pesticides.
Amendment 33 #
2006/0132(COD)
Article 3 – point 1 a (new)
1a) "use" means all operations carried out with a pesticide, such as storage, handling, dilution, mixing, and application;
Amendment 39 #
2006/0132(COD)
Article 3 – point 9 a (new)
9a) "use reduction" means reduction of applications of pesticides and is not necessarily dependent on volume;
Amendment 41 #
2006/0132(COD)
Article 3 – point 9 b (new)
9b) "treatment index" is based on the fixed standard dose of active substance per hectare needed for one treatment against the pest in question. Therefore, it is not necessarily dependent on volume and can be used to evaluate use reduction.
Amendment 42 #
Amendment 44 #
2006/0132(COD)
Article 4 – paragraph 1 – subparagraph 1
1. Member States shall adopt, and implement without undue delay, National Action Plans to set up targets, measures and timetables to reduce risks, including hazards, and impacts of pesticide use on human health and the environment and to encouragsure the development and introduction of integrated pest management and of alternative approaches or techniques, giving priority to non-chemical methods of plant protection and pest and crop management, in order to reduce dependency on and the use of pesticides. The National Action Plans shall as a minimum include: (a) for other than biological pesticides and low-risk plant protection products as defined in Article [50(1)] of Regulation (EC) No ... [concerning the placing of plant protection products on the market], quantitative use reduction targets measured as a treatment index. The treatment index will be adapted to the specific conditions of each Member State. The treatment index will have to be communicated immediately to the Commission for its approval. For active substances of very high concern the reduction target shall be a reduction of at least 50% in relation to the treatment index calculated for the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher target based on another year of reference from the period 1995-2004; (b) for pesticide formulations classified as toxic or very toxic pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations1, a quantitative use reduction target measured as sold volumes. This target shall be a reduction of at least 50% calculated in relation to the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher reduction target based on another year of reference from the period 1995-2004. Member States shall establish a mechanism for financing the introduction of the National Action Plans. 1 OJ L 200, 30.7.1999, p. 1.
Amendment 49 #
2006/0132(COD)
Article 4 – paragraph 1 a (new)
1a. By ...*, Member States shall adopt background reports in accordance with Annex IIa with the objective of identifying national trends in pesticide use and risks and the priority areas and crops to be addressed in the National Action Plan. * One year after the entry into force of this Directive.
Amendment 51 #
2006/0132(COD)
Article 4 – paragraph 2 – subparagraph 2
National Action Plans shall be reviewed at least every five years and any substantial changes to National Action Plans shall be reported to the Commission without undue delay. three years and, depending on the attainment of objectives, updated. Monitoring shall also include an analysis of whether the risks in the Action Plan are appropriately taken into account or if they need to be reassessed. Any changes to National Action Plans and the findings of the monitoring shall be reported to the Commission without undue delay. The Commission shall establish an Internet portal to inform the public about the National Action Plans, any changes and the results of their implementation.
Amendment 52 #
2006/0132(COD)
Article 4 – paragraph 3
3. Where relevant, tThe Commission shall make information communicated in accordance with paragraph 2 available to the public on the Internet.
Amendment 53 #
2006/0132(COD)
Article 5 – paragraph 1 a (new)
1a. Member States shall ensure that professional users, distributors and advisers are aware of the existence and risks of illegal (counterfeit) plant protection products, and are properly trained to identify such products.
Amendment 56 #
2006/0132(COD)
Article 6 – paragraph 3 a (new)
3a. Member States shall ensure that existing inspection and enforcement measures are fully implemented to ensure that illegal (counterfeit) pesticides are not offered for sale.
Amendment 57 #
2006/0132(COD)
Article 7
1. Member States shall take measures to inform the general public and to promote and facilitate information and awareness- raising programmes and the availability of accurate and balanced information relating to pesticides for the general public, in particular regarding the risks, including hazards, and the potential acute and chronic effects for human health, non-target organisms and the environment andrising from their use, and to the use of non-chemical alternatives. 2. Member States shall put in place mandatory systems for gathering information on pesticide acute and chronic poisoning incidents, especially among pesticide operators, workers, residents and any other groups that may be exposed to pesticides regularly. 3. Member States shall regularly monitor and collect information on indicator species exposed to pesticides and on pesticides in the environment, such as in fresh and marine waters, soil and air, and report on this information regularly to the Commission. 4. Member States shall carry out research programmes into specific situations where pesticides have been linked to impacts on human health and the environment, including studies on high-risk groups, biological diversity and combination effects. 5. To enhance comparability of information, the Commission, in cooperation with the Member States, shall develop by ...* a strategic guidance document on monitoring and surveying of impacts of pesticide use on human health and the environment. * Three years after the entry into force of this Directive.
Amendment 60 #
2006/0132(COD)
Article 8 - paragraph 1
1. Member States shall ensure that pesticide application equipment and accessories in professional use shall be subject to mandatory inspections at regular intervals. The interval between inspections shall not exceed five years until 202015 and shall not exceed three years thereafter.
Amendment 61 #
2006/0132(COD)
Article 8 - paragraph 3
Amendment 64 #
2006/0132(COD)
Article 9 - paragraph 2 – point b
(b) the pesticides used must be explicitly approvuthorised for aerial spraying by the Member State following a specific assessment addressing risks from aerial spraying; substances classified as very toxic (R50) to aquatic organisms shall not be authorised for aerial spraying;
Amendment 65 #
2006/0132(COD)
Article 9 - paragraph 2 – point d a (new)
(da) the area to be sprayed must not be in close proximity to public or residential areas and there must be no effects on the health of residents or bystanders;
Amendment 66 #
2006/0132(COD)
Article 9 - paragraph 2 – point d b (new)
(db) the aerial craft must be equipped with the best available technology to reduce spray drift (e.g. low-drift nozzles); where helicopters are used, the spray booms must be equipped with injection jets to reduce drift.
Amendment 71 #
2006/0132(COD)
Article 9 - paragraph 3
3. Member States shall designate the authorities competent for establishing the specific conditions by which aerial spraying may be carried out and. The competent authority is responsible for authorising aerial spraying following a request pursuant to paragraph 4 and for makeing public information on crops, areas, circumstances and particular requirements for application including weather conditions where aerial spraying may be allowed. TIn the authorisation the competent authorities shall specify the measures necessary for warning residents and bystanders in good time and to protect the environment in the vicinity of the area sprayed.
Amendment 72 #
2006/0132(COD)
Article 9 - paragraph 4
4. A professional user wishing to apply pesticides by aerial spraying shall submit a request in due time to the competent authority to apply pesticides by aerial spraying accompanied by evidence to show that the conditions referred to in paragraphs 2 and 3 are fulfilled. Member States may provide that requests for which no answer was received on the decisiThe notification shall con taken within the time period laid down by the competein information about the time of spraying and the amounts authorities shall be deemed to bend the type of pesticides approvlied.
Amendment 73 #
2006/0132(COD)
Article 9 - paragraph 6
6. The competent authorities shall keep records of the requests submitted under paragraph 4 and shall make them available to the public.
Amendment 75 #
2006/0132(COD)
Article 10
1. Member States shall ensure that appropriate measures to protect the aquatic environment and drinking water supplies from the impact of pesticides are adopted. These measures shall support and be compatible with relevant provisions of Directive 2000/60/EC and Regulation (EC) No …. 2. The measuretake the necessary action to protect bodies of water, in particular by ensuring that buffer zones, where pesticides must not be applied or stored, are established on fields adjacent to water courses, and in particular to safeguard zones for the abstraction of drinking water established in accordance with Article 7(3) of Directive 2000/60/EC. The dimensions of the buffer zones shall be defined as a function of the risks of pollution and the agricultural and climate characteristics of the area concerned. Furthermore Member States shall ensure that, in safeguard zones for the abstraction of drinking water in accordance with Article 7(3) of Directive 2000/60/EC, additional measures are taken to prevent contamination of water with pesticides including, where necessary, tighter restrictions on use of some high-risk products, enhanced use of buffer zones, specific training and awareness of advisers and spray operators, and strict enforcement of best practice in filling, mixing and disposal of pesticides. Member States may establish any pesticide-free zones they deem necessary in order to safeguard drinking water resources. Such pesticide-free zones may cover the entire Member State. 2. In addition to the actions provided for in paragraph 1 shall include, Member States shall take the following measures: (a) giving preference to pesticides that are not classified as dangerous for the aquatic environment pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations nor containing priority hazardous substances as set in Article 16(3) of Directive 2000/60/EC; (b) giving preference to the most efficient application techniques such as the use of low-drift pesticide application equipment especially in vertical crops such as hops and those found in orchards and vineyards; (c) use of mitigation measures which minimise the risk of off-site pollution caused by spray drift, drain-flow and run- off. These shall include when necessary the establishment of appropriately-sized buffer zones for the protection of non- target aquatic organisms and safeguard zones for surface and groundwater used for the abstraction of drinking water, where pesticides must not be used or stored; (d) reducing as far as possible or if appropriate eliminating applications on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems.
Amendment 76 #
2006/0132(COD)
Article 10 – paragraph 2 – point c
(c) use of mitigation measures which minimise the risk of off-site pollution caused by spray drift, drain-flow and run- off. These shall include when necessary the establishment of appropriately-sized buffer zones for the protection of non- target aquatic organisms and safeguard zones for surface and groundwater used for the abstraction of drinking water, where pesticides must not be used or stored;
Amendment 81 #
2006/0132(COD)
Article 11 –title - introductory part and point 1
Reduction of pesticide use orand risks in specificensitive areas Member States shall, having due regard tofor the necessary hygiene and public health requirements and biodiversity, or the results of relevant risk assessments, ensure that the use of pesticides is prohibited, or restricted tor the risks arising from such use minimisedminimum necessary, in: 1) all areas used by the general public or by vulnerable populations, such as groups, at least in residential areas, parks, public gardens, sports and recreation grounds, school grounds and playgrounds; and in the vicinity of public healthcare facilities (clinics, hospitals, rehabilitation centres, health resorts, hospices) as well as in substantial no-spray zones including in fields around these areas.
Amendment 84 #
2006/0132(COD)
Article 13 – paragraph 1
1. Member States shall take appropriate measuresll necessary measures, including the use of economic instruments, to promote low pesticide- input pest management, giving priority wherever possible to non-chemical methods and otherwisof plant protection and pest and crop management, and to ensure that professional users of pesticides switch as quickly as possible to practices and products with the lowest risk to human health and the environment among those available for the same pest problem. Low pesticide-input pest management includes Integrated Pest Management as well as organic farming according to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products.
Amendment 87 #
2006/0132(COD)
Article 13 – paragraph 2
2. Member States shall establish or support the establishment of all necessary conditions for the implementation of Integrated Pest Management and non- chemical methods of plant protection and pest and crop management. In particular, they shall ensure that professional users have at their disposal information, training and tools for pest monitoring and decision making, as well as advisory services on integrated pest management. and non- chemical methods of plant protection and pest and crop management, and shall draw up descriptions of the best integrated crop protection practices, assigning priority to non-chemical crop protection.
Amendment 88 #
2006/0132(COD)
Article 13 – paragraph 5
5. Member States shall establish appropriate incentives, training and financial measures to encourage professional users to implement crop or sector specific guidelines for integrated pest management on a voluntary basis. Public authorities and/or organisations representing particular professional users may draw up such guidelines. Member States shall. Member States shall take into account the general criteria as described in Annex IIIa and refer to those guidelines that they consider pertinent and appropriate in their National Action Plans drawn up in accordance with Article 4.
Amendment 89 #
2006/0132(COD)
Article 13 – paragraph 5 a (new)
5a. The general standards for Integrated Pest Management shall be developed in accordance with the procedure referred to in Article [58] of Regulation (EC) No ... [concerning the placing of plant protection products on the market], with public participation of interested stakeholders.
Amendment 90 #
2006/0132(COD)
Article 14 – paragraph 1 – subparagraph 1
1. Harmonizsed risk indicators as referred to in Annex IV shall be established. HoweverUntil those indicators are adopted, Member States may continue to use existing national indicators or adopt other appropriate indicators in addition to the harmonized ones.
Amendment 92 #
2006/0132(COD)
Article 14 – paragraph 3
3. Member States shall communicate the results of the evaluations carried out pursuant to paragraph 2 to the Commission and to other Member States and shall make this information available to the public.
Amendment 93 #
2006/0132(COD)
Article 14 – paragraph 4 – subparagraph 2 a (new)
The results shall be made available to the general public via the Internet portal referred to in the second subparagraph of Article 4(2).
Amendment 103 #
2006/0132(COD)
Annex I – paragraph 6
6. Procedures for preparing pesticide application equipment for work, including its calibration, and for its operation with minimum risks to the user, other humans, non-target animal and plant species, biodiversity and, the environment and water resources..
Amendment 104 #
2006/0132(COD)
Annex I – paragraph 8
8. Emergency action to protect human health and, the environment and water resources in case of accidental spillage and, contamination and extreme weather events that would result in pesticides leaching risks.
Amendment 105 #
2006/0132(COD)
Annex I – paragraph 8 a (new)
8a. Special care in protection areas established under Articles 6 and 7 of Directive 2000/60/EC.
Amendment 106 #
2006/0132(COD)
Annex II a (new)
Amendment 107 #
2006/0132(COD)
Annex II b (new)
Amendment 108 #
2006/0132(COD)
Annex III a (new)
Amendment 87 #
2005/0281(COD)
Article 3 – point 14
14) "recovery" means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations;
Amendment 96 #
2005/0281(COD)
Article 3 – point 16 a (new)
16a) "recycled" or "recycling rate" shall be determined using the quantity of material output from a recycling process that is used as a material in new products, materials or substances
Amendment 154 #
2005/0281(COD)
Article 8 a (new)
Amendment 155 #
2005/0281(COD)
Article 11
Article 11 Article 3a Waste hierarchy Waste hierarchy 1. The following waste hierarchy shall apply as a guiding principeneral rule in waste prevention and management legislation and policy: (a) prevention; (b) preparing for and reduction; (b) re-use; (c) recycling; (d) other recovery, e.g. energy recovery; operations, and (e) disposal. 2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle thinkingassessment on the overall impacts of the generation and management of such waste. Member States shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resourceensure that this is a full and transparent process, observing national planning rules about the consultation and involvement of citizens and stakeholders as well as of the overall environmental, human health, economic and social impacts, in accordance with Articles 1 and 10. (Amendment adopted in the first reading and it is worthwhile to keep the reference to a life cycle assessment as well as the involvement of interested stakeholders including a WasteWaste Consultation Forum in accordance with Article 34a. Or. en Consultation Forum)
Amendment 178 #
2005/0281(COD)
Article 18 – paragraph 1, point b
(b) waste oils are treated in accordance with Articles 10 and 11 and preference is given to regeneration wherever possible;
Amendment 184 #
2005/0281(COD)
Article 18 – paragraph 3
3. If waste oils, according to national legislation, are subject to requirements of regeneration, Member States may prescribe that such waste oils shall be regenerated if technically feasible and, wWhere Articles 11 or 12 of Regulation (EC) No 1013/2006 apply, Member States may restrict the transboundary shipment of waste oils from their territory to incineration or co- incineration facilities in order to give priority to the regeneration of waste oils.
Amendment 187 #
2005/0281(COD)
Article 19
Bio-waste Collection and use of bio-waste 1. Priority shall be given to material recovery of bio-waste. 2. By ...*, Member States shall develop a system for the separate collection of bio- waste. 3. Member States shall take measures, as appropriate, and in accordance with Articles 10 and 11, to encourage: (a) the separate collection of bio-waste; (b) the treatment of bio-waste in a way that fulfils a high level of environmental protection; (c) the use of environmentally safe materials produced from bio-waste. The Commission shall carry out an assessment on the management of bio- waste with a view to submitting a proposal if appropriate. * Three years after the entry into force of this Directive.
Amendment 209 #
2005/0281(COD)
Article 23 – paragraph 1 a (new)
Where possible, existing records held by the competent authority will be used to obtain the relevant information for this registration process in order to minimise bureaucracy.
Amendment 224 #
2005/0281(COD)
Article 34 a (new)
Amendment 226 #
2005/0281(COD)
Article 35
1. The Commission may develop guidelines for the interpretation of the definitions of recovery and disposal in points (14) and (18) of Article 3. If necessary. 1a. In accordance with Article 20(4), the application of thea formula for incineration facilities referred to in Annex II, R1,establishing minimum energy efficiency requirements for incineration facilities shall be specified. Local climatic conditions may be taken into account, such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam. Local conditions of the outermost regions as recognised in the fourth subparagraph of Article 299(2) of the Treaty and of the territories mentioned in Article 25 of the 1985 Act of Accession may also be taken into account. This measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). 2. The Annexes may be amended in the light of scientific and technical progress. These measures, insofar as they are designed to amend non- essential elements of this Directive, shallmay be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). Or. en (New text in Council Common Position)
Amendment 238 #
2005/0281(COD)
Annex II – point R 1
R 1 Use principally as a fuel or other means to generate energy* _______ * This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above: 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009, 0.65 for installations permitted after 31 December 2008, using the following formula: Energy efficiency = (Ep -( Ef + Ei)) / (0.97 xO (Ew + Ef)) In which: Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year) Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year) Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year) Ei means annual energy imported excluding Ew and Ef (GJ/year) 0.97 is a factor accounting for energy losses due to bottom ash and radiation. This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration.
Amendment 20 #
2004/0209(COD)
The European Parliament rejects the Council common position.
Amendment 26 #
2004/0209(COD)
Recital 7
(7) There is a need to strengthen the protection of workers' health and safety and for greater flexibility in organising working time, particularly with regard to on-call time and, more specifically, inactive periods during on-call time, and also to strike a new balance between also to strengthen employees' rights to the reconcilingation of work and family life on the one hand and more flexible organisation of working time on the other.
Amendment 27 #
2004/0209(COD)
Recital 8
(8) Workers should be afforded periods of compensatory rest in circumstances where rest periods are not granted. The rules on determination of the length of the reasonable period within which equivalent compensatory rest is granted to workers should be left to the Member Statesstrictly applied in accordance with the rulings of the European Court of Justice, taking into account the need to ensure the safety and health of the workers concerned and the principle of proportionality, namely that compensatory rest must be granted immediately after a combined period of normal duty and on- call time.
Amendment 34 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a
Article 2a
The inactive part of on-call time shall not be regarded as working time unless national law or, in accordance with national law and/or practice, a collective agreement or an agreement between the social partners provides otherwise. The inactive part of on-call time may be calculated on the basis of an average number of hours or a proportion of on- call time, taking account of experience in the sector concerned, by collective agreement or agreement between the social partners or by national legislation following consultation of the social partners. The inactive part of on-call time shall not be taken into account in calculating the daily or weekly rest periods laid down in Articles 3 and 5 respectively, unless otherwise provided for: (a) in a collective agreement or an agreement between the social partners; or (b) by means of national legislation following consultation of the social partners. The period during which the worker actually carries out his activity or duties during on-call time shall alwaysentire period of on-call time, including the inactive part, shall be regarded as working time.
Amendment 41 #
2004/0209(COD)
Article 1 – point 2
Directive 2003/88/EC
Article 2a a (new)
Article 2a a (new)
Article 2a a Calculation of working time In the case of workers having more than one contract of work, and for the purposes of implementation of this Directive, the worker's working time shall be the sum of the periods of time worked under each of the contracts.
Amendment 54 #
2004/0209(COD)
Article 1 – point 3 − point b
Directive 2003/88/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
(b) in paragraph 2, the words "provided that the workers concerned are afforded equivalent periods of compensatory rest" shall be replaced by "provided that the workers concerned are afforded equivalent periods of compensatory rest within a reasonable period, to be determined by national legislation or a collective agreement or an agreement concluded between the social partnersimmediately following periods of time spent on duty";
Amendment 55 #
2004/0209(COD)
Article 1 – point 3 − point d - point i
Directive 2003/88/EC
Article 17 – paragraph 5 - subparagraph 1
Article 17 – paragraph 5 - subparagraph 1
(d) paragraph 5 shall be amended as follows: (i) the first subparagraph shall be replaced by the following: "5. In accordance with paragraph 2 of this Article, derogations may be made from Article 6 in the case of doctors in training, in accordance with the provisions set out in the second to the sixth subparagraphs of this paragraph."; (ii) the last subparagraph shall be deleted.
Amendment 57 #
2004/0209(COD)
Article 1 – point 4
Directive 2003/88/EC
Article 18 − paragraph 3
Article 18 − paragraph 3
In Article 18, in the third paragraph, the words "on condition that equivalent compensating rest periods are granted to the workers concerned" shall be replaced by "on condition that equivalent compensating rest periods are granted to the workers concerned within a reasonable period, to be determined by national legislation or a collective agreement or an agreemimmediately following periods of time spent concluded between the social partners duty".
Amendment 58 #
2004/0209(COD)
Article 1 – point 5
Directive 2003/88/EC
Article 19
Article 19
Without prejudice to Article 22a(b) and by way of derogation from Article 16(b), Member States shall have the option, subject to compliance with the general principles relating to the protection of the safety and health of workers, of allowing, for objective or technical reasons, or reasons concerning the organisation of work, the reference period to be set at a period not exceeding twelve months: (a) by collective agreement or agreement between the social partners, as laid down in Article 18; or (b) by legislative or regulatory provision following consultation of the social partners at the appropriate level. In making use of the option pursuant to point (ba) of the first paragraph, Member States shall ensure that employers respect their obligations as laid down in Section II of Directive 89/391/EEC.".