847 Amendments of Jarosław WAŁĘSA
Amendment 10 #
2018/2280(INI)
Motion for a resolution
Recital I
Recital I
I. whereas admissible petitions often provide valuable input for the work of the respective parliamentary committees as they point out the alleged breaches of EU law;
Amendment 13 #
2018/2280(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the substantial role of the Committee on Petitions in defending and promoting the rights of EU citizens and residents, within the committee competences, ensuring that petitioners’ concerns are recognised and their legitimate grievances resolved through the petitions process, in a timely and efficient manner wherever possible;
Amendment 15 #
2018/2280(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the opportunity petitions offer to the European Parliament and other EU institutions to enter into dialogue with EU citizens who are affected by the application of EU law; underlines the need to foster cooperation of EU institutions and bodies with national, regional and local authorities on matters linked to the application of EU law; calls on the EU institutions and Member States to promote the citizens’ right to petition and to raise public awareness of the EU competencies and possible remedies, that the European Parliament provides while processing petitions;
Amendment 17 #
2018/2280(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that petitions are examined in accordance with Article 227 of the Treaty on the Functioning of the European Union, which stipulates that any EU citizen and any natural or legal person that is resident or has a registered office in a Member State can submit a petition to the European Parliament on matters which fall within the European Union's fields of activity; reminds that the procedure for dealing with petitions is laid down in the Rules of Procedure of the European Parliament;
Amendment 18 #
2018/2280(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates the need for a continuous public debate about the Union’s fields of activity in order to inform citizens about different levels of decision-making; calls for more intensive and structured biannual dialogue between the Committee on Petitions and Members of Committees on Petitions in the National Parliaments on petitions of major concerns to European citizens stimulating a genuine debate between MEPs and national MPs centred on petitions that would further raise awareness of EU policies and clarity on competences of the EU and of Members States;
Amendment 24 #
2018/2280(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of four public hearings on various topics, namely on ‘Citizens’ rights after Brexit’ together with the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Employment and Social Affairs on 1 February 2018, on ‘European Citizens’ Initiative - Revision of Regulation’ together with the Committee on Constitutional Affairs on 21 February 2018, on ‘Impact of endocrine disruptors on public health’ on 22 March 2018 together with the Committee on Environment, Public Health and Food Safety, and on ‘The rights of persons with disabilities’ on 9 October 2018; reminds the committee members of the importance of attending public hearings requested and organised by the committee; calls on the petitions network to put forward specific public hearings and topics for EP studies and EP resolutions, which reflect the connection between the ongoing legislative work and the political scrutiny power of the EP and the petitions of major concerns; underlines that the petitions network is the right forum to put forward common initiatives for petitions treatment, which could exhaustively express the European Parliament's contribution to European citizens’ petitions;
Amendment 27 #
2018/2280(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 30 #
2018/2280(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Trusts that the petitions network is a means to make the Committee on Petitions more visible and relevant in the work of the other committees of Parliament, so that petitions are better taken into consideration in legislative work; reaffirms its belief that meetings of the petitions network are vital for strengthening cooperation between the parliamentary committees through exchange of information and sharing of best practices between the network members; calls on the Committee on Petitions to nominate accordingly EP Rapporteurs on EU policies clusters, which could effectively and efficiently work with their respective counterparts of the petitions network in order to streamline common initiatives for the treatment of petitions across the European Parliament;
Amendment 33 #
2018/2280(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the aim of the Committee on Petitions to raise awareness on citizens’ concerns in plenary debates; draws attention to the oral question on disenfranchisement of voting rights in the EU, debated in plenary on 2 October 2018, the oral question on the participation of persons with disabilities in the European elections, adopted in committee on 21 March 2018, and the oral question tabled jointly with the Committee on the Environment, Public Health and Food Safety on concerns about Natura 2000 protected areas based on petitions received, adopted in committee on 21 November 2018;; calls on the European Commission and the Council to respond to the EP resolutions, based on petitions in a follow up Plenary Debate not later than 6 months in order to provide answers timely and effectively to specific European citizens’ concerns;
Amendment 38 #
2018/2280(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the Committee on Petitions has adopted opinions attached to reports of Parliament on a wide range of issues raised in petitions, including on monitoring the application of EU law in 2016 , on the coordination of social security systems , on the European citizens’ initiative, on the implementation report as regards Regulation 1/2005 on the protection of animals during transport within and outside the EU , on the proposal for amending Parliament’s Decision 94/262/EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties , and on the implementation of the Treaty provisions related to EU citizenship; underlines that, since the beginning of this parliamentary term, the Committee on Petitions has provided more opinions to ongoing European legislative texts; highlights the importance of providing justification of amendments by showing a direct reference to citizens‘ petitions;
Amendment 43 #
2018/2280(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is convinced that the Secretariat of the Committee on Petitions handles petitions efficiently and with great care according to the committee’s guidelines and the petitions lifecycle in the EP administration; stresses that the number of petitions has decreased to 1120 in 2018 compared to 2715 in 2014 as a result of the more efficient treatment of petitions through the administrative petitions’ review and the petitions web portal; calls for further innovating the treatment of petitions taking stock of the most recent technological developments in order to render the whole process clearer and more transparent for European citizens;
Amendment 31 #
2018/0161(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The absence of any exception in Regulation (EC) No 469/2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the Union from manufacturing, even for the exclusive purpose of exporting to third countrywith a view to enter the Union markets in which such protection does not exist or has expired. A further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the Union market immediately after expiry of the certificatemmediately after expiry of the certificate and/or export to countries in which such protection does not exist or has expired, given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed, by contrast with manufacturers located in third countries where protection does not exist or has expired.
Amendment 39 #
2018/0161(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In those specific and limited circumstances, and in order to creat it is appropriate to eliminate the aforementioned, unintended side effects of the supplementary protection certificate so as to enable a level -playing field between Union-based manufacturers and those in third country manufacturers, it is appropriate to restrict the protection conferred by aies. This would enable making exclusively for (i) export to third countries and (ii) entry onto the Union market immediately after expiry of the relevant supplementary protection certificate so, as to allow making for the exclusive purpose of export to third countriewell as and any related acts strictly necessary for that making or for the actual export or that entry onto the Union market itself.
Amendment 50 #
2018/0161(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) SReasonable and proportionate safeguards should accompany the exception in order to increase transparency, to, for the exclusive purpose of helping the holder of a supplementary protection certificate to enforcheck compliance wits protection in the Union and to reduce the risk of illicit diversion onto the Union market during the termh the conditions set out hereunder. Those safeguards should not negatively affect competition among companies and should allow the exception to work effectively with no disruption on the main objectives of the excerptificateon.
Amendment 73 #
2018/0161(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights, tThe exception provided for in this Regulation should only apply to certificates that are granted on or after a specified date after entry into force, irrespective of when the application for the certificate was first lodgedbecome applicable following period of 1 year after the entry into force of this Regulation. The date specified should allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way. The date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make, and should take due account of pending applications for certificates.
Amendment 78 #
2018/0161(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary and appropriate for the achievement of the basic objective, of providing a level playing field for generic and biosimilar manufacturers with their competitors in third country markets where protection does not exist or has expired, to lay down rules restricting the exclusive right of a supplementary protection certificate holder to make the product in question during the term of the certificate, and also to impose certain information and labelling obligations on makers wishing to take advantage of those rulesenabling the making of the product in question during the term of the certificate. This Regulation complies with the principle of proportionality, and does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
Amendment 81 #
2018/0161(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates granted on or after a specified datethe right to health care in Article 35 of the Charter by making medicines more accessible to EU patients, the principle of proportionality in Article 52 of the Charter, point (a) of Article 6 TFEU on the right to health protection for European citizens, while allowing a reasonable predictability for applicants and other relevant market players, by postponing the application of the exception until expiry of a period of 1 year after the entry into force of this Regulation and by imposing certain conditions on the application of the exception,
Amendment 118 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Paragraph 2 shall apply in the case only of certificates granted on oThe exception set out in Paragraph 2 shall become applicable following a period of 1 year after [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)].;
Amendment 18 #
2018/0091M(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas the EU-Japan Economic Partnership Agreement (EPA) has a strategic dimension and is the most important bilateral trade agreement ever concluded by the Union as it covers nearly a third of world GDP and over 600 million people;
Amendment 49 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers this agreement to be of major strategic importance and that it represents a timely signal in support of open, fair and rules-based trade, while promoting high standards at a time of challenges to the international order; stresses that this agreement will improve productivity, accelerate GDP growth and create jobs in the EU;
Amendment 69 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes in particular the ambitious level of tariff liberalisation (tariffs on more than 90% of the EU's exports to Japan will be eliminated at the entry into force of the EU-Japan EPA), combined with measures to safeguard the most sensitive products through duty-free quotas, reduced duties or staging periods; points out that the EU tariff on automobiles will be phased out over seven years;
Amendment 84 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the fact that Japan will, notably, grant non-discriminatory access for EU suppliers to the procurement markets of 48 “core” cities, remove the ‘operational safety clause’, which has in practise prevented EU rail suppliers to access the Japanese market, and maximise transparency in tendering for public contracts;
Amendment 90 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WConsiders that Japan is a highly valuable export market for European farmers and food producers, and welcomes that the agreement provides significant export opportunities for EU agri-food products, such as wine, pig meat and cheese, and that it protects 205 European geographical indications;
Amendment 126 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the fact that the agreement includes the commitment to pursue the ratification of fundamental ILO conventions; regrets that Japan has not yet ratified two ILO core conventions (on discrimination and on the abolition of forced labour) and expects, in light of commitments made in the EPA, concrete progress on the part of Japan towards the ratification of these conventions;
Amendment 140 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the inclusion of a review clause in the chapter on trade and sustainable development and calls on the Commission to trigger this clause as soon as possible in order to strengthen the enforceability and effectiveness of labour and environmental provisions, which should include the possibility of sanctions as a last resort;
Amendment 163 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. BConsiders that the agreement will make it easier for EU firms to provide services on the highly lucrative Japanese market and believes that market access commitments in cross-border services, including e-commerce, maritime transport, postal services and telecommunications, will give a significant boost to trade in services while safeguarding the pursuit of legitimate policy objectives;
Amendment 213 #
2018/0091M(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the draft Commission Implementing Decision of 5 September 2018 pursuant to Regulation 2016/679/EU on the adequate protection of personal data by Japan and notes that the agreement includes a rendezvous clause to assess the issue of cross-border transfer of data provisions within three years; calls on the Commission to fully respect the EU law on data protection and on the protection of privacy and stresses that any future outcome must be subject to the consent of Parliament;
Amendment 24 #
2018/0058(COD)
Proposal for a decision
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where the Commission finds that the conditions laid down inconditions referred to in the first subparagraph of paragraph 3 are not met, ithe Commission shall temporarily suspend or cancel the disbursement of the Union’s macro-financial assistance. In such cases, it shall inform the European Parliament and the Council of the reasons for that suspension or cancellation.
Amendment 64 #
2017/2274(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reiterates support for a bilateral investment agreement between the EU and Taiwan; recognizes that Taiwan is not only one of the EU’s major trading partners in East Asia but also a springboard to China for EU businesses, and such an agreement is in the interest of the EU and its Member States;
Amendment 30 #
2017/2273(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the suggestions of the European Ombudsman on timeliness and transparency of “EU Pilot” pre- infringement cases; calls on the Commission to inform the Committee on Petitions of any significant new step in “EU Pilot” procedures of the investigation and ongoing dialogue with Member States when open petitions are concerned;
Amendment 72 #
2017/2273(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to examine thoroughly the petitions, related to quality differences of the same brand food products in different Member States; urges the Commission to put an end to unfair practices and make sure that all consumers are treated equally;
Amendment 73 #
2017/2273(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes the Commission’s active involvement in improving the monitoring of EU law application; underlines the importance of petition-based fact-finding missions to Member States, organised by the Committee on Petitions, whenever possible and reasonable to improve the investigation of petitioners’ claims and establishing of facts; calls on the Commission to take serious note of the mission reports thereof as an essential source of information for detecting possible breaches of EU law;
Amendment 78 #
2017/2273(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Draws the attention of the Commission to the latest Parliament resolutions based on petitions; highlights the need for follow-up actions to remedy these specific cases of shortcomings in the application and implementation of the EU law in the Member States.
Amendment 31 #
2017/2126(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the essential role of transparency, good administration and institutional checks and balances in the work of the EU institutions; regrets that inquiries related to transparency and access to information and documents consistently constitute more than 20 % of all inquiries submitted to the Ombudsman and remain the topimportant concern among European citizens over the years;
Amendment 36 #
2017/2126(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Commission’s efforts to facilitate access to documents and information, particularly with regard to the EU Pilot procedures in relation to petitions received; underlines the importance of a regular follow-up with the European Parliament by the Commission; encourages the continuation of the Ombudsman’s strategic inquiry into the Commission’s transparency in handling infringement complaints under the EU Pilot procedures, and urges the Ombudsman to be determined and vigilant in continuing to investigate the matter in 2017;
Amendment 38 #
2017/2126(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Commends the Ombudsman’s determination to achieve the highest level of transparency in the EU decision-making process; stresses the need to monitor the implementation of the Ombudsman’s recommendations for transparency in trilogues; reiterates, further, the need for full and enhanced transparency in trade agreements and negotiations, and calls on the Ombudsman to make continued efforts to monitor transparency in the negotiations for all EU trade agreements with third countries while keeping in mind that this transparency should not undermine the negotiating position of the EU;
Amendment 41 #
2017/2126(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates the importance of full transparency on the part of all EU institutions in the negotiations between the EU and the UK on the latter’s withdrawal from the Union without jeopardizing the negotiating position of the parties; calls on the Ombudsman to monitor adherence to full transparency across the process of the withdrawal negotiations;
Amendment 42 #
2017/2126(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for greater transparency in the EU’s economic and financial decision- making process, in particular in the area of the banking supervision performed by the European Central Bank; supports, furthermore, the Ombudsman’s recommendations to increase transparency of the European Investment Bank and the Eurogroup and to strengthen their internal ethics rulwhile recognising its recent efforts in this regard and the fact that Regulation (EU)No. 1049/2001 does not apply to the Eurogroup as it is not an institution or body within the meaning of the Treaties;
Amendment 59 #
2017/2126(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the Ombudsman’s commitment to improve EU lobbying transparency, and calls on the Commission to fully comply with the Ombudsman’s suggestions for improving the EU Transparency Register and making it a central transparency hub for all EU institutions and agencies;
Amendment 62 #
2017/2126(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 4 #
2017/2119(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to its resolution of 12 May 2016 on traceability of fishery and aquaculture products in restaurants and retail (2016/2532(RSP))
Amendment 33 #
2017/2119(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Union is committed to safeguarding high quality standards in fisheries products in particular in the light of trade relations with the third countries;
Amendment 37 #
2017/2119(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas fisheries supply chain does not exist in isolation and building cross-sectorial linkages is of paramount importance to develop innovative products to access new markets and enhance its promotion;
Amendment 91 #
2017/2119(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance to strengthen the cooperation between science and fisheries to address the complicated dependencies and weaknesses in the value chain processes in order to improve and bring profit to the stakeholders;
Amendment 98 #
2017/2119(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States and regional and local authorities to look into the lack of professional qualifications in the fishing sector, so that training programmes for people working in the fishing sector can be guaranteed and tailored to the sector’s actual needs, thereby helping to retain the population in fishing communities as well as to create appropriate job opportunities in aquaculture, rural and coastal areas, in the outermost regions as well as regions depending on fisheries activities;
Amendment 115 #
2017/2119(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to launch specific EU level public online consultations to collect data concerning the supply chain, market transparency issues, value sharing, labelling and consumer needs from broad range of stakeholders in the EU fishing sector;
Amendment 119 #
2017/2119(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the importance of investing in young professionals in order to engage and empower the next generation of fishermen and calls for creating opportunities for young fishermen so that they develop new skills, build resilient businesses, be active members of their local communities and positively contribute to the value chain in the fishing sector;
Amendment 146 #
2017/2054(INL)
Motion for a resolution
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Annex – Article 3 – paragraph 1 – subparagraph 2 – table – row 21
Poland 515
Amendment 2 #
2017/2036(INI)
Motion for a resolution
Citation 15
Citation 15
— having regard to its previous resolutions on Cuba, in particular the ones of 17 November 2004 on Cuba, of 2 February 2006 on the EU's policy towards the Cuban Government, of 21 June 2007 on Cuba and of 11 March 2010 on prisoners of conscience in Cuba,
Amendment 4 #
2017/2036(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regards to the findings of the UN Committee on Enforced Disappearances on Cuba issued on 17 March 2017,
Amendment 6 #
2017/2036(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- having regard to the Universal Declaration of Human Rights and other international human rights treaties and instruments,
Amendment 11 #
2017/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the historical, economic and cultural ties linkingexist between Europe and Cuba are characterised by their depth and strength;
Amendment 12 #
2017/2036(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas pursuant to Article 21 of the Treaty of the European Union, the external action of the Union should be guided by the principles of democracy, rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and the respect for the principles of the UN Charter and the international law;
Amendment 13 #
2017/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European Union maintain's relations with the Community of Latin America and the Caribbean and there is broad consensus among its 33 member states on the desirability of expanding relations between the European Union and Cubaoffer an opportunity to expand relations between the European Union and Cuba on the basis of democratic principles, the rule of law, human rights, fundamental freedoms and international law;
Amendment 17 #
2017/2036(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Cuba was the only country in Latin America and the Caribbean with which the EU had not signed any type of agreement; whereas 20 of its Member States have signed various types of bilateral agreements;
Amendment 19 #
2017/2036(INI)
Motion for a resolution
Recital E
Recital E
E. whereas what is known as the ‘cCommon pPosition of the EU’, adopted in 1996, has been superseded by the bilateral agreements with Cuba that have been signed during this period by 20 EU Member States96/697/CFSP was replaced by Council Decision (CFSP) 2016/2233 of 6 December 2016;
Amendment 25 #
2017/2036(INI)
Motion for a resolution
Recital H
Recital H
H. whereas human rights feature in both the political dialogue and cooperation chapters; whereas in particular the protection of the universality and indivisibility of human rights, including civil, political, economic, social and cultural rights is one of the main objectives of the European Union, both internally and in its relations with third countries; whereas in this sense the full compliance with human rights and the defence of democracy and the rule of law, must be an essential condition of the EU- Cuba Agreement;
Amendment 31 #
2017/2036(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the human rights dialogue between the EU and Cuba, led by the EU Special Representative for Human Rights, began in 2015; whereas no tangible results have been achieved and the situation of human rights remains extremely worrying, despite the setup of the Human rights dialogue;
Amendment 33 #
2017/2036(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas on three occasions the European Parliament have awarded the Sakharov Prize for Freedom of Thought to Cuban activists, Oswaldo Payá in 2002, the Ladies in White in 2005 and Guillermo Fariñas in 2010;
Amendment 34 #
2017/2036(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas Cuba has been highly criticised for being elected as an UNHRC Member for 2016 - 2019 term due to the violations of all applicable Articles of the Universal Declaration of Human Rights;
Amendment 35 #
2017/2036(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas according to Freedom House Organisation, Cuba is one of the "least free" countries in the world;
Amendment 37 #
2017/2036(INI)
K. whereas issues discussed at the second meeting of the human rights dialogue held in Cuba in June 2016 with the participation of line ministries and agencies included freedom of association and human rights issues in a multilateral context, such as the death penalty; whereas the next meeting of the human rights dialogue is due to be held in Brussels during the first half of 2017; whereas the political dialogue between the EU and the Cuban Government, must include the direct 'intensive dialogue with civil society and the peaceful opposition' without any restriction, and must follow the EU's criteria on democracy, universal human rights and fundamental freedoms' such as freedom of expression, assembly and political association, as well as its 'worldwide policy of support to human rights defenders';
Amendment 41 #
2017/2036(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the PDCA includes a so- called ‘human rights clause’, which is a standard fundamessential element of EU international agreements that allows the PDCA to be suspended in case of violation of the provisions on human rights;
Amendment 42 #
2017/2036(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas on 20 March 2017 Eduardo Cardet Concepcion, national coordinator of the Christian Liberation Movement (MCL) was sentenced for three years imprisonment as a result of criticism of former Cuban leader Fidel Castro; whereas for decades the Cuban authorities have harassed and intimidated members of the Christian Liberation Movement in an attempt to silence and dissenting ideas; whereas such proceedings are in breach of freedom of speech and expression;
Amendment 44 #
2017/2036(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas independent journalists, peaceful dissidents and human rights defenders, mostly members of the democratic opposition, are still persecuted, arbitrarily detained or being held in jail in Cuba for exercising the basic rights of expression, assembly and political association;
Amendment 46 #
2017/2036(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas a humane treatment must to be ensured for the political prisoners and prisoners of conscience in Cuba; whereas on 24 February 2017, political prisoner Hamel Santiago Maz Hernández, a member of the Patriotic Union of Cuba (UNPACU), died in the great prison of Havana, known as Combinado del Este; whereas since 3 June 2016 he was in jail accused of disrespect to any government official, without being subjected to any trial; whereas on 9 March 2017, 10 Members of UNPACU were detained, including their leader Jose Daniel Ferrer;
Amendment 48 #
2017/2036(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas throughout March 2017 the Cuban Commission for Human Rights and National Reconciliation verified at least 432 arbitrary detentions of peaceful dissidents in Cuba; whereas 11 cases of physical assaults and 8 cases of harassment by secret political police and para-police agents, of which peaceful opponents were also victims, were also documented;
Amendment 60 #
2017/2036(INI)
Qa. whereas the Cuban economic system is in need of trade liberalization, economic and financial investments, technological innovation and overall market freedoms that would allow the island to modernize its economy;
Amendment 62 #
2017/2036(INI)
Motion for a resolution
Recital Q b (new)
Recital Q b (new)
Qb. whereas this economic and trade liberalization should enable the country to overcome the limitations to the population in the provision of goods and services and bring inevitably a progressive move towards free social spaces, coexistence, technology and communication, that the Cuban population appreciate and demand;
Amendment 65 #
2017/2036(INI)
Motion for a resolution
Recital S
Recital S
S. whereas Cuba is a signatory to 11 of the 18 United Nations human rights conventions and has ratified eight of them; whereas Cuba has not ratified the International Convenant on Civil and Political Rights and the International Convenant on Economic, Social and Cultural Rights;
Amendment 72 #
2017/2036(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the United Nations General Assembly has adopted 26 consecutive resolutions calling for the end of the United States embargo on Cuba, and the resolution was adopted unanimously for the first time in October 2016; whereas Foreign Affairs Committee of the European Parliament decided to send a long -pending delegation to Cuba without any positive response from the Cuban authorities yet;
Amendment 81 #
2017/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the signing in Brussels, on 12 December 2016, of the Political Dialogue and Cooperation Agreement between the EU and Cuba and states that it constitutes an instrument that will offer an appropriate new framework for relations, in keeping with the EU’s interests in its relationship with between the EU and Cuba;
Amendment 86 #
2017/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Affirms the high strategymbolic value of the relationship between the EU and Cuba;
Amendment 93 #
2017/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RecogniStresses the high level of commitment that the Republic of Cuba is undertaking with the European Union in a wide range of fields and through a sophisticated system of political dialogueresponsibility which Cuba is undertaking with the European Union to meet the commitments set out in the agreement;
Amendment 97 #
2017/2036(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Cuban authorities to immediately release all political prisoners and prisoners of conscience, arbitrarily detained solely for exercising their freedom of expression and assembly and strongly condemns such detentions; urges the authorities to stop harassing, persecuting and intimidating independent journalists, peaceful dissidents and human rights defenders and to hold those responsible accountable; considers the civil society to be a vital part of democratic regimes;
Amendment 98 #
2017/2036(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 99 #
2017/2036(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Cuban government to align its human rights policy with the international standards defined in the Charters, declarations and international instruments to which Cuba is a signatory; insists that the persecution and imprisonment of dissidents for their ideals and their peaceful political activity is in breach of the provisions set up in the Universal Declaration of Human Rights;
Amendment 101 #
2017/2036(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Demands that the Cuban authorities permit members of the political opposition, human rights activists and all citizens to travel abroad and return freely to Cuba; calls for free and full access for the Cuban population to information in all forms;
Amendment 102 #
2017/2036(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Denounces imposed charges against Eduardo Cardet Concepcion, national coordinator of the Christian Liberation Movement (MCL), for exercising his right of freedom of speech; condemns violent detentions of 10 Members of Patriotic Union of Cuba (UNPACU), including its leader Jose Daniel Ferrer; calls on the Cuban authorities for their immediate and unconditional release; urges to stop the harassment and intimidation of members of MCL as well as UNPACU;
Amendment 105 #
2017/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Affirms the European Parliament’s aspiration to see relations between the EU and Cuba develop to the greatest possible extent, with full respect for the independence and autonomy of the partieStresses that the future of Cuba must be based on the sole will of its citizens; recalls that political reconciliation and mutual understanding must include all Cubans who are willing to peacefully work for freedom, democracy and adherence to human rights;
Amendment 111 #
2017/2036(INI)
7. Recognises the efforNotes the statements made by Cuba ton incorporateing the United Nations fundamental principles on human and labour rights into its national legislation, and calls on Cuba to ratify the United Nations human rights conventions still pending, specifically the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women;
Amendment 120 #
2017/2036(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports the findings of the UN Committee on enforced disappearances in Cuba of 17 March 2017 urging Cuba to take the necessary measures to guarantee the full independence of its judicial system as well as to set up an independent National Institution of Human Rights in lines with the Paris Principles;
Amendment 122 #
2017/2036(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the process of normalising relations that has been achieved between Cuba and the United States of America with the restoration of diplomatic ties in 2015;
Amendment 132 #
2017/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the fact that the human rights dialogue between the EU and Cuba was launched before the conclusion of the PDCA negotiations; reiterates that the objectives of the European Union's policy towards Cuba has to continue to be the respect for human rights and fundamental freedoms, encouragement of a process of transition to a pluralist democracy and a lasting economic recovery aimed at improving the living standards of the Cuban population;
Amendment 134 #
2017/2036(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for a transitional provision establishing a graduated entry into force of the different areas of cooperation, postponing the economic and financial cooperation until the progress made by the Cuban government in the areas of human rights and economic freedoms is demonstrated;
Amendment 135 #
2017/2036(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises that the PDCA can contribute to the reform, adjustment and modernisation processes already proposed in Cuba, in particular with regard to the diversification of Cuba’s international partners and the establishment of a general framework of political and economic development; urges the European institutions and the Member States to assist the economic and political transition in Cuba, encouraging the evolution towards a fully democratic regime that respects the basic rights of all its citizen; supports the use of the various EU's foreign policy instruments, and in particular the European Instrument for Democracy and Human Rights (EIDHR) in order to reinforce EU's dialogue with Cuba's civil society and those who support a peaceful transition in Cuba;
Amendment 140 #
2017/2036(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the HR/VP Federica Mogherini to recognise the existence of a political opposition to the Cuban Government and to allocate all available tools to restore democratic and inclusive political dialogue in Cuba;
Amendment 143 #
2017/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the PDCA, as the first agreement between the EU and Cuba, will mark a turning point in bilateral relations between the two Parties; welcomes the fact that both Parties have agreed to develop this relationship in a structured manner, mutually subscribing to an agenda and binding obligations for both signatories;
Amendment 147 #
2017/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the relevance of the inclusion of the political dialogue chapter and the establishment of an institutionalised EU-Cuba Human Rights dialogue; urges the EU to promote and provide guarantees for the work of the human rights defenders and the active participation of civil society actors in this process, including all peaceful dissidents;
Amendment 153 #
2017/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the PDCA includes a provision for suspension of the agreement in case of violation of the provisions on human rights; calls to ensure the establishment of a transparent and binding road map which should be aimed at safeguarding and monitoring all human ,environmental and labour rights provisions mentioned in this resolution; in this sense calls on the EU to closely follow and report back to the European Parliament about the respect for human rights and fundamental freedoms in Cuba within the provision of suspension of the agreement;
Amendment 156 #
2017/2036(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that the PDCA should contribute to improving the living conditions and social rights of Cuban citizens, reaffirming the importance of working systematically in promoting the values of democracy and human rights, including freedom of expression, association and assembly;
Amendment 160 #
2017/2036(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Takes note of some liberalisation measures that the Cuban authorities have adopted in the recent months, while emphasizing that the development of strong foreign investment to improve the physical and technological infrastructure of the country and build a competitive Cuban production system will require many other economic and financial measures with regulations that give legal certainty and economic stability to the country;
Amendment 167 #
2017/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for Cuba to be included as an eligible country under the EIB’s external mandate provided it meets the requirements laid down by the EIB;
Amendment 170 #
2017/2036(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the PDCA’s explicit references to civil society as an actor of cooperation; voices its profound solidarity with the entire Cuban population and its support for needed progress towards democracy and respect and promotion of fundamental freedoms;
Amendment 172 #
2017/2036(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Confirms its decision to send an official long- pending delegation of the Foreign Affairs Committee of the European Parliament to Cuba, and urges the Cuban authorities to allow the entry of such a delegation without any further delays in the view of the upcoming PDCA; calls on the Cuban authorities to ensure unimpeded access to all venues and meetings with the requested interlocutors;
Amendment 29 #
2017/2024(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the simplification of online signature collection (“OCS”) and verification and for a progressive approach to countering the technological barriers to OCS; invites the Commission to address data requirement divergences in national systems, especially regarding nationality and place of residence; welcomes the AFCO proposal that the Commission run a free, centralised OCS system; suggests that this system make use of existing, proven online platform technologies and enable synergies with social media tools to galvanize more widespread signature collection; welcomes the Commission’s public survey on creating a “Collaborative ECI Platform”; invites the Commission to prolong the collection period such that the clock for collection starts running from the date of ECI registration; calls for greater transparency measures for ascertaining ECI financing;
Amendment 52 #
2017/2024(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls upon the Commission to create a one-stop shop for ECI information dissemination and citizen advisory services, in particular the provision of support in defining a compliant legal basis for an initiative; welcomes the AFCO proposal forsupports the idea of a provision in the new Regulation on ECI communication activities at EU level; urges the Commission to link such efforts to the principles set out in the EU eGovernment Action Plan 2016-2020;
Amendment 58 #
2017/2024(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the AFCO proposal to ensure the follow-up of successful ECIs, in terms of concrete legislative proposals from the Commission, while using the whole potential of the European Parliament as a co-legislator; calls for maintaining the current system of designating lead committees thematically according to competence, with PETI as associated committee; recalls the importance of public hearings in ensuring that an inclusive approach is taken to increasing attendance by various stakeholders both for and against a specific initiative; underlines the importance of the reimbursement of travel expenses when possible both for the ECI organizers and the experts;
Amendment 69 #
2017/2024(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Proposes that the commitment of EU funds to the financing of ECIs be limited to successful ECIs i.e. those having succeeded in collecting one million signatures; suggests that such financing proceed on a reimbursement basis of costs already incurred by ECI organisers/citizens' committees and previously recorded in the ECI Register; calls for such conditionality to apply both to existing budget lines dedicated to ECI funding, such as under the Europe for Citizens Programme, or any other future ECI funding programme, whether originating in the Commission or in the European Parliament;
Amendment 73 #
2017/2024(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for extending the ECI "lifecycle” by increasing the period for the collection of statements of support to 18 months provided that the minimum of 75% of the required 1 million signatures is reached within the period of 12 months;
Amendment 76 #
2017/2024(INL)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 30 #
2016/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls forStrongly advocates that any further development of commercial fisheries in the Arctic region to be madmust take place in compliance with international agreements relating to the area, including the 1920 Spitsbergen Treaty, and the rights of any States Parties to such agreements and in compliance with existing historical fishing rights;
Amendment 12 #
2016/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Supports strengthening implementation of existing agreements as well as enforcing new legislation on national level especially in developing countries to comply with CITES and IUU regulations by helping to develop programmes, create regulations, run workshops and assist enforcement efforts;
Amendment 47 #
2016/2076(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Points out the key role that coastal communities can play in contributing to the fight against illegal wildlife trade and supports their role in the conservation of wildlife and environmentally friendly activities;
Amendment 48 #
2016/2076(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Is of the opinion that one of the most powerful tools for addressing illegal and unsustainable wildlife trade is to persuade consumers to make informed choices when buying wildlife-based products, encourages the production and purchase of sustainable marine wildlife goods such as those certified by the Marine Stewardship Council (MSC);
Amendment 2 #
2016/2057(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the opinions of European citizens voiced by petitioning the European Parliament are fundamentally important in signalling to the European legislator issues that citizens feel concerned about, particularly inadequate distribution of medicines, the impact of the economic crisis on medical and pharmaceutical care, and issues regarding marketing procedures and patents for medicinal products; market failures resulting in restricted access to effective and affordable medicines, the impact of the economic crisis on patients' rights and Member States' healthcare systems, and issues regarding marketing procedures and intellectual property rights in the pharmaceutical sector;
Amendment 13 #
2016/2057(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls forPoints out that a high level of human health protection has to be ensured in the definition and implementation of all the Union’'s policies and activities, as enshrined in Article 168 of the Treaty on the Functioning of the European Union and required by Article 35 of the Charter of Fundamental Rights of the European Union;
Amendment 19 #
2016/2057(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes that the Conclusions of the Council on strengthening the balance in the pharmaceutical system in the EU and its Members States outline the most relevant challenges of the pharmaceutical sector and important actions towards a fairer and a more patient-centred healthcare system;
Amendment 26 #
2016/2057(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores the fact that there is a large 18 million peoplenumber of EU citizens without proper access to health care or medicines, whose human rights are being violated on a daily basisthreatened; finds it alarming that there are 25 000 annual deaths in the EUthousands of victims due to lack of new effective antibiotics; and imprudent use of critical antibiotics;
Amendment 33 #
2016/2057(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises as key obstacles to access to medicinesthat the lack of affordability and availability of medicines, the budgetary cuts resulting fromimpact of the financial crisis, the high price of medicines and theresulting from monopolies of large companies in the market and the uncontrolled parallel trade constitute considerable obstacles to access to medicines;
Amendment 44 #
2016/2057(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the negative impact of Member States’ austerity policies and sStresses that budgetary cuts should not prevent any EU citizen from being able to access medicines;
Amendment 49 #
2016/2057(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to continue assessing the functioning of the European pharmaceutical system in order to deliver data and proposals for solutions to ensure the sustainability of the European pharmaceutical system and Member States' health systems, as well as the developments of new and innovative medicinal products;
Amendment 54 #
2016/2057(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Supports the intention of the Member States to improve the voluntary cooperation between the states and at EU level, especially in the area of pricing, reimbursements and information exchange;
Amendment 58 #
2016/2057(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. IdentifiesNotes that patent rights as a majornd other innovation promotion measures often create obstacles to access to medicines, and urges public policy makers to take proactive steps towards making generic and biosimilar medicines available in a timely manner, always taking into account the need to ensure the same beneficial effects, continuity of patient care and prevention of any risk of abuse or misuse of the regulatory framework;
Amendment 67 #
2016/2057(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to support research and development (R&D) that focuses on the unmet medical needs of all citizens and to guarantee affordable and non-discriminatory access to medical advances in the European Union; emphasizes the importance of further investments through the Horizon2020 and the Innovative Medicines Initiative, as well as the involvement of the European Medicines Agency in the development of innovative medicines;
Amendment 78 #
2016/2057(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 89 #
2016/2057(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls onInvites the Member States to consider the possibility of establishment of a pooled public platform for R&D financed by all states via a contribution of 0.01 % of their GDP.
Amendment 3 #
2016/2009(INI)
Draft opinion
Recital A
Recital A
A. whereas petitions to Parliament serve as an important instrument for citizens to report alleged breaches of fundamental rights;
Amendment 6 #
2016/2009(INI)
Draft opinion
Recital B
Recital B
B. whereas almost a hundredover eighty petitions received by Parliament in 2015 concerned alleged breaches of fundamental rights referred to in the Charter of Fundamental Rights of the European Union;
Amendment 16 #
2016/2009(INI)
Draft opinion
Recital D
Recital D
D. whereas the joint-report of the Committee on Petitions onand the Committee on Civil Liberties, Justice and Home Affairs on the Special Report of the European Ombudsman’s in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex established that Frontex has a duty to uphold the EU’s standards on the fundamental rights of asylum seekers in its day-to-day operations; acknowledged Frontex’s efforts to enhance respect for fundamental rights and called on the same Agency to deal with individual complaints regarding infringements of fundamental rights in the course of its operations; whereas the respect and safeguarding of fundamental rights also applies to all the EU institutions, agencies and bodies;
Amendment 21 #
2016/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that citizens’ expectatio the Charter to ens uregarding the protection of their fundamental rights under the Charter are often disappointed, which may aggravate theirby institutions and bodies of the Union and Member States when implementing Union law; notes that a lack of such protection and awareness would lead citizens to be disenchantmented with the European project; notes that the general public has a limited grasp of the field of application of the Charter; believes that the European Commission and the Member States could do more to promote knowledge of the Charter, in particular the effect of its Article 51 by means of targeted campaigns using both traditional and online media;
Amendment 33 #
2016/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents is a guaranteedfreedom of movement and of residence is a fundamental right conferred on citizens in the Internal Market and by the Charter; notes that many citizens still encounter problems in asserting these righis right, including the portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents;
Amendment 38 #
2016/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the rights of people with disabilities, who strive to live a life as close to normal as possible to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community; calls on the Commission and the Member States to ensure that these rights are properly respected and applied, notably the rights resulting from the ratification of the United Nations Convention on the Rights of Persons with Disabilities; is of the opinion that EU funds should not go towards projects that are in breach of this fundamental right, such as projects that aim to segregate people with disabilities from the community;
Amendment 53 #
2016/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to act, in accordance with the Charter, to ensure that citizens receive universal access to quality healthcare, justice, social services and education; underlines that asylum seekers who come into contact with Frontex should have their fundamental rights respected and should be offered full recourse to uphold those rights via an established complaints mechanismcommends the inclusion of an independent complaints mechanism as per the Regulation of the European Parliament and of the Council on the European Border and Coast Guard to monitor and ensure the respect for fundamental rights in all the activities of the Agency;
Amendment 63 #
2016/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores all instances of discrimination against minorities, immigrants and asylum seeker; calls on Member States to pay particular attention to discrimination against minorities and migrants, as well as restrictions on the freedom of the media regularly reflected in petitions; calls on the Member States to pay particular welcomes the unblocking of the Directive on implementation of the principle of equal treattmention to these issues; welcomes the unblocking of the anti-discrimination directive between persons irrespective of religion or belief, disability, age or sexual orientation in the European Council;
Amendment 75 #
2016/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee the fundamental rights of citizens from non-EU countries, particularly asylum seekers, living in an EU country as laid down in the Charter of Fundamental Rights;
Amendment 86 #
2016/2009(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for special attention to the rights of children, in particular in the context of cross-border custody disputes and parental visitation rights; calls on the Commission to provide clear guidance on the concept of ‘best interests of the child’ in the context of the revisionew of the Brussels IIA Regulation;
Amendment 94 #
2016/2009(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the advances made in LGTBTI rights in 2015; remains concerned about ongoing discrimination on the grounds of sexual orientation and limits to the freedom of speech of LGTBTI people;
Amendment 100 #
2016/2009(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Encourages the Commission to take up stronglyeffectively take up the issue of national voting rights, particularly in cases where citizens are disenfranchised in national elections when they exercise their fundamental right to free movement and residence.
Amendment 102 #
2016/2009(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the institutions and bodies of the Union and Member States when they are implementing Union law to ensure a high-level of environmental protection and to adhere to the principle of sustainable development; regrets the over-development that is taking place in parts of the EU, which is having negative effects on the environment and the lives of European citizens and residents living in the areas affected.
Amendment 104 #
2016/2009(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Highlights the fundamental right to good administration; calls on Member States to lead by example by ensuring, amongst others, that their administrative processes are open, accountable, fair, transparent and proportionate.
Amendment 44 #
2016/0397(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is necessary to guarantee legal certainty by clarifying that aAccess to social security benefits for economically inactive mobile citizens in the host Member State, may be made conditional upon that citizen holding a legal right of residence in that Member State in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.33 For these purposes, an economically inactive citizen should be clearly distinguished from a jobseeker whose right of residence is conferred directly by Article 45 of the Treaty on the Functioning of the European Union. __________________ 33only to the extent identified by existing case law C-133/13 Dano, C-67/14 Alimanovic and C-299/14 Garcia-Nieto. OJ L 158, 30.4.2004, p. 77.
Amendment 46 #
2016/0397(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 49 #
2016/0397(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In the area of unemployment benefits, the rules on the aggregation of periods of insurance should be applied uniformly by all Member States. With the exception of cross-border workers referred to in Article 65(2), the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that Member State. The previously competent Member State should become competent for all insured persons who do not satisfy this condition. In this case, registration with the employment services of the Member State of most recent insurance should have the same effect as registration with the employment services of the Member State, where the unemployed person had been previously insuredone day of insurance in that Member State.
Amendment 66 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 883/2004
Recital 5 – addition
Recital 5 – addition
Amendment 71 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 a
Recital 5 a
Amendment 72 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 b
Recital 5 b
Amendment 77 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 883/2004
Recital 5 c
Recital 5 c
Amendment 92 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 883/2004
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 99 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 883/2004
Article 12– paragraph 2
Article 12– paragraph 2
2. A person who normally pursues an activity as a self-employed person in a Member State who goes to pursue a similar activity in another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self-employed person..
Amendment 106 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61
Article 61
Amendment 110 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EC) No 883/2004
Article 61– paragraph 1
Article 61– paragraph 1
1. Except in the cases referred to in Article 65(2), the application of Article 6 shall be conditional on the person concerned having most recently completed a period of at least three monthsone day of insurance, employment, or self- employment in accordance with the legislation under which the benefits are claimed.
Amendment 118 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 883/2004
Article 64 a
Article 64 a
Amendment 133 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 2 – point e a
Article 1 – point 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
Amendment 137 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 987/2009
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) Where the requesting institution having received the supporting evidence continues to have doubts about the validity of a document or the accuracy of the facts on which the particulars contained therein are based that the information upon which the document was issued is not correct, it may submit evidence to that effect and make a further request for clarification and where appropriate the withdrawal of that documentand where both institutions are not able to find an agreement they shall take use of dialogue and conciliation procedure according to Decision No A1 of 12 June 2009, which shall bye the issuing institution in accordance within the procedure and timeframes set out above.obligatory way to solve the difference of competences.
Amendment 8 #
2016/0351(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Members of the WTO, it is appropriate that, for those countries, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036, with effect from the date on which this Regulation enters into force, and subject to the provisions of this RegulationFor countries that are Members of the WTO, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036. In the case of countries which are, at the date of initiation, not Members of the WTO and listed in Annex I of Regulation (EU) 2015/7552 , norma1 value should be determined on the basis of paragraph 7 of Article 2 of Regulation (EU) 2016/1036, as amended by this Regulation. This Regulation should be without prejudice to establishing whether or not any WTO Member is a market economy. _________________ 2 Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
Amendment 17 #
2016/0351(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces because they are affected by other forces such as government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists, monopoly or oligopoly and others, creating a particular market situation that does not allow for proper comparison of export prices to domestic prices and costs. It is further appropriate to clarify that when assessing the existence of significant distortions, regard mayshould be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate - directly or indirectly - under the ownership, control or policy supervision or guidance of the authorities of the exporting country; direct or indirect state presence in firmenterprises allowing the state to interfere with respect to prices or costprices, costs, or other commercial decisions of such enterprises; public policies or measures discriminating in favour of certain or all domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives, including by way of sectoral subsidies or the existence of oligopoly or monopoly in the raw material or factors of production market, and any other circumstances the Commission considers appropriate in order to evaluate the existence of significant distortions. It is further appropriate to provide that the Commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that s. All interested parties, including Union industry, and foreign exporters from, and the government of, country concerned should be consulted during the report drafting process. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. In accordance with its role, the European Parliament should monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission should update the report. In any event, the European Commission should carry out a review of the report every two years. The report should not be binding, but the Commission should duly explain its reasoning in respect of found distortions and the methodology used, when imposing measures.
Amendment 35 #
2016/0351(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted or established on any reasonable basis, including information from other representative markets, including the Union, or from international prices or benchmarks. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment.
Amendment 56 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point a
Article 2 – paragraph 6a – point a
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions, in the economy as a whole or in a sector or sectors therein, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country, provided the relevant cost data are readily available. The constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits.
Amendment 64 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces as they are affected by government intervention. In considering whether or notother factors, such as government intervention, monopoly or oligopoly and others, creating a particular market situation that does not permit a proper comparison between export prices and domestic prices and costs . When assessing the existence of significant distortions exist, regard may be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate - directly or indirectly - under the ownership, control or policy supervision or guidance of the authorities of the exporting country; direct or indirect state presence in firmenterprises allowing the state to interfere with respect to prices or cost, costs, or other commercial decisions of such enterprises; public policies or measures discriminating in favour of one or more domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives, including by sectoral subsidies, or the existence of an oligopoly or monopoly in the raw material or factors of production market and other circumstances the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 79 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b a (new)
Article 2 – paragraph 6a – point b a (new)
(ba) When determining the significance of distortions identified in point (a), the Commission shall consider, inter alia, the share that such distorted prices and costs have in the total cost of production of the product concerned and the advantage they confer on exporters of the product concerned, when compared to undistorted prices and costs.
Amendment 84 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, the Commission services mayshall issue a report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which there is a substantial number of anti-dumping investigations, the report shall be completed and adopted before the entry into force of this Regulation. All interested parties, including Union industry, and foreign exporters from, and the government of, the exporting country concerned shall be consulted during the report drafting process. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The report shall not be binding and the determinations made shall take into account all of the relevant evidence on the file. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission shall update the report. In any event, the Commission should carry out a review of the report every two years. The report shall not be binding, but the Commission shall duly explain its reasoning in respect of found distortions and the methodology used, when imposing measures.
Amendment 1 #
2016/0298(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GDeclines to gives its consent to conclusion of the agreement;
Amendment 91 #
2016/0084(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising productszers and Products Improving Nutrition Efficiency (PINE) and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance)
Amendment 100 #
2016/0084(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Securing reliable and unhindered access to raw materials is crucial to the Union economy and essential to maintaining and improving quality of life, industry and employment. The Commission has created a list of Critical Raw Materials (CRMs) in order to identify raw materials with a high supply- risk and a high economic importance to the Union and secure their reliable and unhindered access. In 2014, The Commission added phosphate rock to this list. This Regulation should not introduce any measures unduly restricting the use, in EC marked fertilising products, of raw materials on which the import- dependency of the Union or its Member State exceeds 70%, or raw materials classified - due to import dependency and risk of supply disruptions - as CRMs under the EU Raw Materials Initiative (COM(2008) 699 final).
Amendment 103 #
2016/0084(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to facilitate the compliance of the phosphate fertilising products with the requirements of this Regulation and to boost innovation, it is necessary to provide sufficient funding to the relevant technologies, particularly to decadmiation, by means of the financial resources available under Horizon 2020 and other financial instruments. The Commission should annually inform the Council and the European Parliament on how much EU funding has been provided for decadmiation.
Amendment 105 #
2016/0084(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The Union production of fertilisers depends on manufacturers' ability to procure raw materials that include nutrients. Contaminant limits set out in this Regulation should take due account of the need to import such raw materials from third countries in sufficient quantities. While maintaining high standards for quality, health and environment, due care should be taken that contaminant limits set out in this Regulation do not unduly restrict the manufacturers' ability to source and use such raw materials in the production of CE marked fertilising products; do not, provide, by law or in fact, raw material sourcing preferences to individual companies; do not unduly restrict export of raw materials from third countries; and comply with the Union's bilateral and multilateral international trade obligations, are based on objective and accurate scientific data and do not create unnecessary obstacles to trade.
Amendment 106 #
2016/0084(COD)
Proposal for a regulation
Recital 8 c (new)
Recital 8 c (new)
(8c) Contaminant limits set out by this Regulation should not disqualify or give preference to certain sources of raw materials. Therefore market and trade effects of such limits should be monitored to ensure stable and affordable access to raw materials, ensuring effective competition and competitiveness of the EU fertilizer industry. The Commission should ensure that foreign suppliers providing both raw materials and finished fertilising products to the Union do not abuse their market position by restricting the Union industry's access to raw materials and rendering its finished fertilizing products uncompetitive.
Amendment 117 #
2016/0084(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 of 19 November 2008 on waste and repealing certain Directives, a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC. _________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 121 #
2016/0084(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Certain substances and mixtures, commonly referred to as agronomic additives, improve the nutrient release pattern of a nutrient in a fertiliser. Substances and mixtures made available on the market with the intention of them being added to CE marked fertilising products for that purpose should fulfil certain efficacy criteria at the responsibility of the manufacturer of those substances or mixtures, and should therefore as such be considered as CE marked fertilising products under this Regulation. Furthermore, CE marked fertilising products containing such substances or mixtures should be subject to certain efficacy and safety criteria. Such substances and mixtures should therefore also be regulated as component materials for CE marked fertilising products.
Amendment 129 #
2016/0084(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Fertilising products which are CE marked in accordance with this Regulation should be afforded equal treatment and not unduly discriminated against by rules laid down in other Union legislation. No preferences should be granted to any type of CE marked fertilising products and no derogations should be granted to any fertilising products from generally-applicable EU law, in particular from Directive 91/676/EEC. No incentives should be granted to any type of fertilizing products, to the exclusion of other types, as they are contrary to the concept of parity and equal treatment under EU law.
Amendment 136 #
2016/0084(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When placing a CE marked fertilising product on the market, the importer should indicate on the packaging of the fertilising product his or her name, registered trade name or registered trade mark and the postal address at which he or she can be contacted, as well as the foreign manufacturer and the country of origin of the product in order to enable market surveillance.
Amendment 143 #
2016/0084(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effectiir agronomic efficacy has been proven and do not present unacceptable risks to human, animal or plant health, to safety or to the environment when properly stored and used for their intended purpose, and under conditions of use which can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour. Therefore, requirements for safety and quality, as well as appropriate control mechanisms, should be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 151 #
2016/0084(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) When adopting delegated acts, the Commission should ensure that all fertilizer products will be treated equally with no preference to any types of fertilizers.
Amendment 153 #
2016/0084(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Securing reliable and unhindered access to raw materials is crucial to the Union economy and essential to maintaining and improving quality of life, industry and employment. The European Commission has created a list of Critical Raw Materials (CRMs) in order to identify raw materials with a high supply- risk and a high economic importance to the Union and secure their reliable and unhindered access. In 2014, The European Commission added phosphate rock to this list. This Regulation should not introduce any measures unduly restricting the use, in EC marked fertilising products, of raw materials on which the import-dependency of the Union or its Member State exceeds 70%, or raw materials classified - due to import dependency and risk of supply disruptions - as CRMs under the EU Raw Materials Initiative (COM(2008) 699 final).
Amendment 158 #
2016/0084(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The Union production of fertilisers depends on manufacturers' ability to procure raw materials that include nutrients. Contaminant limits set out in this Regulation should take due account of the need to import such raw materials from third countries in sufficient quantities. While maintaining high standards for quality, health and environment, due care should be taken that contaminant limits set out in this Regulation: (i) do not unduly restrict the manufacturers' ability to source and use such raw materials in the production of CE marked fertilising products; (ii) do not, provide, by law or in fact, raw material sourcing preferences to individual companies; (iii) do not unduly restrict export of raw materials from third countries; and (iv) comply with the Union's bilateral and multilateral international trade obligations, are based on objective and accurate scientific data and do not create unnecessary obstacles to trade.
Amendment 160 #
2016/0084(COD)
Proposal for a regulation
Recital 8 c (new)
Recital 8 c (new)
(8c) Contaminant limits set out by this Regulation should not disqualify or give preference to certain sources of raw materials. Therefore market and trade effects of such limits should be monitored to ensure stable and affordable access to raw materials, ensuring effective competition and competitiveness of the EU fertiliser industry. The Commission should ensure that foreign suppliers providing both raw materials and finished fertilising products to the Union do not abuse their market position by restricting the Union industry's access to raw materials and rendering its finished fertilising products uncompetitive.
Amendment 165 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘f"Fertilising product’zer" means a substance, or a mixture, micro-organism or any other material, applied or intended to be applied, either on its own or mixed with another material, on plants or their rhizosphere for the purpose of providing plants with nutrient or improving their nutrition efficiency; of substances intended to provide nutrients to the plants.
Amendment 171 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) "Product Improving Nutrition Efficiency (PINE)" means a substance or a mixture of substances, micro-organism or any other material to be applied on plants or their rhizosphere for the purpose of improving their nutrition efficiency.
Amendment 172 #
2016/0084(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘'substance’' means a substance within the meaning of Article 3(1) of Regulation (EC) No 1907/2006; chemical element and its compounds in the natural state or obtained by any manufacturing process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
Amendment 179 #
2016/0084(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 190 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Manufacturers shall ensure that procedures are in place for CE marked fertilising products that are part of a series production to remain in conformity with this Regulation. Changes in production method or characteristics of those fertilising products and changes in the harmonised standards, common specifications referred to in Article 13 or other technical specifications by reference to which conformity of a CE marked fertilising product is declared shall be adequately taken into account.
Amendment 207 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 10 – subparagraph 2
Article 6 – paragraph 10 – subparagraph 2
The report shall be submitted at least five days in advance of placing those products on the market. List of competent authorities of Member States shall be provided in Annex Va.
Amendment 213 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Before placing a CE marked fertilising product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the CE marked fertilising product is accompanied by the EU declaration of conformity and the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6). Where an importer considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not place the fertilising product on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 218 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the foreign manufacturer and the country of origin and the postal address at which they can be contacted on the packaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied without packaging, in a document accompanying the fertilising product. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
Amendment 223 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Importers shall ensure that the CE marked fertilising product is labelled in accordance with Annex III or, where the CE marked fertilising product is supplied without packaging, that the required information is provided in a documents accompanying the CE fertilising product. The information required under Annex III shall be in a language which can be easily understood by end- users, as determined by the Member State concerned.
Amendment 236 #
2016/0084(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Before making a CE marked fertilising product available on the market distributors shall verify that it is accompanied by the EU declaration of conformity and by the required documents, that it is labelled in accordance with Annex III in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively. Where the CE marked fertilising product is supplied without packaging, market distributors shall verify that the required information is provided in a documents accompanying the CE marked fertilising product. That information shall also be in a language which can be easily understood by end- users in the Member State in which the CE marked fertilising product is to be made available on the market.
Amendment 240 #
2016/0084(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Where a distributor considers or has reason to believe that a CE marked fertilising product is not in conformity with the applicable requirements set out in Annex I, Annex II or Annex IIIof this Regulation, he or she shall not make the fertilising product available on the market until it has been brought into conformity. Furthermore, where the CE marked fertilising product presents an unacceptable risk to human, animal or plant health, to safety or to the environment, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities.
Amendment 249 #
2016/0084(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the paccompanying documents andkaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied in a packaged form, to the packagingwithout packaging, to the documents accompanying the CE marked fertilising product.
Amendment 255 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
In line with circular economy, certain industry by-products or co-products from specific industrial processes are already used by manufacturers as components of CE marked fertilizing products. Requirements related to such component material categories should be laid down in Annex II. Such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC and treated as component material categories. For a transitional period of five years, by- products currently used as components in production of CE-marked fertilizing products, such as ammonium sulfate, sulfuric acid, iron sulfate, ammonia, magnesium sulfate, magnesium nitrate and anti-caking agents should be allowed to be used, until the European Commission can propose the specific conditions for their continued use.
Amendment 258 #
2016/0084(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
A CE marked fertilising productmaterial that has undergone a recovery operation and complies with the requirements laid down in this Regulation shall be considered to complyand has demonstrated agronomic efficacy shall be considered to be a component material of a CE marked fertilising product that complies with the conditions laid down in Article 6(1) of Directive 2008/98/EC and shall, therefore, be considered asto havinge ceased to bebeing waste.
Amendment 259 #
2016/0084(COD)
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40 a Cadmium limit derogations By way of derogation from Article 4(1), a fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked if it meets the conditions set out in Articles 40b(new) - 40d(new).
Amendment 260 #
2016/0084(COD)
Proposal for a regulation
Article 40 b (new)
Article 40 b (new)
Article 40 b Derogation for average cadmium limit A fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked in case it: (a) meets the remaining requirements set out in Annex I for PFC 1(C)(I); (b) meets the requirements set out in Annex II for the relevant component material category or categories; (c) is labelled in accordance with the labelling requirements set out in Annex III; and (d) meets the requirements of Annex Va (new).
Amendment 261 #
2016/0084(COD)
Proposal for a regulation
Article 40 c (new)
Article 40 c (new)
Amendment 262 #
2016/0084(COD)
Proposal for a regulation
Article 40 d (new)
Article 40 d (new)
Amendment 262 #
2016/0084(COD)
International trade aspects of trade in fertilizers and raw materials
Amendment 263 #
2016/0084(COD)
Proposal for a regulation
Article 40 e (new)
Article 40 e (new)
Amendment 264 #
2016/0084(COD)
Proposal for a regulation
Article 40 f (new)
Article 40 f (new)
Amendment 265 #
2016/0084(COD)
Proposal for a regulation
Chapter 5 a (new)
Chapter 5 a (new)
Amendment 268 #
2016/0084(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents an unacceptable risk to human, animal or plant life or health, to safety or to the environment, they shall carry out an evaluation in relation to the fertilising product concerned covering the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 273 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 277 #
2016/0084(COD)
Proposal for a regulation
Article 40 a (new)
Article 40 a (new)
Article 40 a Cadmium limit derogations By way of derogation from Article 4(1), a fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked if it meets the conditions set out in Articles 40b to 40d.
Amendment 278 #
2016/0084(COD)
Proposal for a regulation
Article 40 b (new)
Article 40 b (new)
Article 40 b Derogation for average cadmium limit A fertilising product that does not meet the requirements of PFC 1(C)(I)2(a)(2) may be CE- marked in case it: (a) meets the remaining requirements set out in Annex I for PFC 1(C)(I); (b) meets the requirements set out in Annex II for the relevant component material category or categories; (c) is labelled in accordance with the labelling requirements set out in Annex III; and (d) meets the requirements of Annex Va.
Amendment 279 #
2016/0084(COD)
Proposal for a regulation
Article 40 c (new)
Article 40 c (new)
Amendment 280 #
2016/0084(COD)
Proposal for a regulation
Article 40 d (new)
Article 40 d (new)
Article 40 d Derogation for international trade dispute 1. Subject to paragraph 4, if a third country initiates dispute settlement proceedings against the Union under the Understanding on Rules and Procedures Governing the Settlement of Disputes ('DSU'), part of the Marrakesh Agreement establishing the World Trade Organization, or under any international trade agreement, questioning the legality, under international law, of the limit set out in Annex I for PFC 1(C)(I), the application of that limit, in the context of Article 4(1), shall be suspended for the duration of such proceeding. 2. For purposes of paragraph 1, and subject to paragraph 3, the suspension shall begin three months after the third country files a request for any consultation under the agreement concerned and shall continue until a final ruling is issued by the relevant dispute settlement body provided for by the agreement to adjudicate the dispute or, if no such body has been created by the agreement, by the WTO Dispute Settlement Body. Where no mutually acceptable solution is found within the timeframe prescribed by the agreement or, if no such timeframe is prescribed, within 6 months from the beginning of the suspension, the request for consultations must be followed by the launch of arbitration proceedings at the earliest possible date, if the agreement provides for arbitration and if not, recourse must be taken to the dispute settlement proceedings under the WTO. If no recourse is taken at the earliest possible date, to arbitration proceedings or the WTO DSU, respectively, then the suspension referred to in paragraph 1 shall be lifted. For purposes of this paragraph, arbitration proceedings consist of the phase of the proceeding that is normally concluded with a ruling of the relevant dispute settlement body adjudicating the merits of the dispute 3. When proceedings referred to in paragraph 1, are initiated, the Commission may propose to the Council to stop the suspension. In such case, the suspension referred to in paragraph 1 is delayed until the Council takes a decision, by qualified majority. If the Council approves the Commission proposal, within 3 months from the initiation of such dispute settlement proceedings, the suspension does not come into force. In all other cases, the suspension comes into force. 4. The Commission shall publish a notification in the Official Journal of the European Union, once the suspension becomes effective, stating the nature of the proceeding and informing of the suspension of the application of the relevant provisions. 5. The suspension shall remain in force until the dispute settlement proceedings are concluded by the final ruling of the relevant dispute settlement body. If the decision establishes that the Union violated its obligations under international law, the suspension referred to in paragraph 1 shall continue to be in force until compliance. If the decision establishes that the Union did not violate its obligations under international law, the suspension referred to in paragraph 1 shall be immediately revoked and the Commission shall publish a notification to this effect in the Official Journal of the European Union.
Amendment 281 #
2016/0084(COD)
Proposal for a regulation
Article 40 e (new)
Article 40 e (new)
Amendment 282 #
2016/0084(COD)
Proposal for a regulation
Article 40 f (new)
Article 40 f (new)
Amendment 284 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV for the purposes of adapting them to technical progress and facilitating internal market access and free movement for CE marked fertilising products
Amendment 286 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The Commission shall amend Annex I only on the basis of one of the following grounds: (a) new scientific studies, reviewed by SCHER; (b) a comprehensive risk assessment; (c) further EFSA studies , covering all aspects of the food chain that identify clear link between contaminant in fertilising products and food safety.
Amendment 289 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 291 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The Commission shall amend Annex I only on the basis of one of the following grounds: (a) new scientific studies, reviewed by SCHER; (b) a comprehensive risk assessment; (c) further EFSA studies , covering all aspects of the food chain that identify clear link between contaminant in fertilising products and food safety.
Amendment 295 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 296 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 303 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 308 #
2016/0084(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in point (f) of Article 40e(4) and Article 42 shall be conferred on the Commission for five years from [Publications office, please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 308 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 309 #
2016/0084(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The Commission shall also be empowered to adopt delegated acts in accordance with Article 43 to amend Annexes III to IV in the light of new scientific evidence. The Commission shall use this empowerment where, based on a risk assessment, an amendment proves necessary to ensure that any CE marked fertilising product complying with the requirements of this Regulation does not, under normal conditions of use, present an unacceptable risk to human, animal, or plant health, to safety or to the environment.
Amendment 316 #
2016/0084(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in point (f) of Article 40e(4) and Article 42 shall be conferred on the Commission for five years from [Publications office, please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 332 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018, except for provisions of Annex I for PFC1(C)(I)2(a), (b) and (d), which shall come in force only once phosphate rock is removed from the list of Critical Raw Materials.
Amendment 334 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring five years after of the publication of this Regulation in the Official Journal of the European Union].
Amendment 336 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018[Publications office, please insert the date occurring five years after of the publication of this Regulation in the Official Journal of the European Union].
Amendment 339 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(A) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 343 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 2018, except for provisions of Annex I for PFC1(C)(I)2(a), (b) and (d), which shall come in force only once phosphate rock is removed from the list of Critical Raw Materials.
Amendment 347 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matterP2O5,
Amendment 348 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matter,P2O5
Amendment 348 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
Annex I – part II – PFC 1(A) – point 1 – paragraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 351 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (I) – point 2 a (new)
Annex I – part II – PFC 1 (A) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: □ 2,5% by mass of total nitrogen (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6,5% by mass of total sum of nutrients.
Amendment 356 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 3
Annex I – part 2 – PFC 1(A) – paragraph 3
3. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 360 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
Annex I – part 2 – PFC 1(A) – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 360 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (A) (II) – point 2 a (new)
Annex I – part II – PFC 1 (A) (II) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: □ 2% by mass of total nitrogen (N), or1% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 5% by mass of total sum of primary nutrients.
Amendment 362 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subindent 1
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subindent 1
– organic carbon (C) and C/N ratio;
Amendment 363 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subparagraph 2
Annex I – part II – PFC 1 (B) – point 1 – indent 2 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 366 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) (I) – point 2 a (new)
Annex I – part II – PFC 1 (B) (I) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: 2,5% by mass of total nitrogen (N), out of which 1% by mass of the CE marked fertilizing product shall be organic nitrogen (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6,5% by mass of total sum of primary nutrients.
Amendment 372 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (B) (II) – point 2 a (new)
Annex I – part II – PFC 1 (B) (II) – point 2 a (new)
2a. Where the CE marked fertilizing product contains more than one nutrient the product shall contain the primary declared nutrients in the minimum quantities stated below: 2% by mass of total nitrogen (N), out of which 0,5% by mass of the CE marked fertilizing product shall be organic (N), or2% by mass of total phosphorus pentoxide (P2O5), or2% by mass of total potassium oxide (K2O), and 6% by mass of total sum of nutrients.
Amendment 374 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (C)
Annex I – part II – PFC 1 (C)
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form from animal or plant origin. Urea and its condensation and association products shall be considered as containing nutrients in a mineral form.
Amendment 378 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
Annex I – part 2 – PFC 1(B) – paragraph 1 – subparagraph 2
of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other material which is fossilized or embedded in geological formations.
Amendment 379 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1 (C) (I) – point 1
Annex I – part II – PFC 1 (C) (I) – point 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form. New forms can be added after a scientific examination.
Amendment 382 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a
(a) Cadmium (Cd) - 80 mg/kg P2O5.
Amendment 383 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 1
Annex I – Part II – PFC 1(C) (I)(a)(i) – point 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 386 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 3
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 3
– 6% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 389 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a) (i) – point 2 – indent 7
– 1from 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 392 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 1
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 394 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 397 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 2
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 2
– 35% by mass of total phosphorus pentoxide (P2O5),
Amendment 399 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 3
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 3
– 35% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 401 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 4
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 4
– 1,52% by mass of total magnesium oxide (MgO),
Amendment 403 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 5
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 5
– 1,52% by mass of total calcium oxide (CaO),
Amendment 404 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Amendment 406 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 6
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 6
– 1,5% by mass of total sulphur trioxide (SO3), or
Amendment 408 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 7
Annex I – Part II – PFC 1(C) (I)(a)(ii) – point 2 – indent 7
– 1between 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 411 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C)(I)(a)(i-ii)(A) – point 5 – indent 1
Annex I – Part II – PFC 1(C)(I)(a)(i-ii)(A) – point 5 – indent 1
– following five thermal cycles as described under Heading 4.2 in Module A1 in Annex IV, for testing before placing on the market,
Amendment 414 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 1
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 415 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 2 – introductory part
Annex I – Part II – PFC 1(C) (I)(b)(i) – point 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 417 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 3
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 3
– 3% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 419 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 6
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 6
– 5% by mass of total sulphur trioxide (SO3), or
Amendment 421 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 7
Annex I – part II – PFC 1(C) (I) (b) (i) – point 2 – indent 7
– 1from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 423 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 1
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 1
1. A compound liquid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 425 #
2016/0084(COD)
Proposal for a regulation
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 2 – introductory part
Annex I – Part II – PFC 1(C) (I)(b)(ii) – point 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 427 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 1
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 1
– 1,53% by mass of total nitrogen (N),
Amendment 430 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 2
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 2
– 1,53% by mass of total phosphorus pentoxide (P2O5),
Amendment 434 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 3
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 3
– 1,54% by mass of total potassium oxide (K2O), and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 435 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
Annex I – part 2 – PFC 1(B) – paragraph 3 – point e a (new)
(ea) biuret (C2H5N3O2) 12 g/kg
Amendment 437 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 4
Annex I – part 2 – PFC 1(B) – paragraph 4
4. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 438 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 4
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 4
– 0,754% by mass of total magnesium oxide (MgO),
Amendment 441 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
Annex I – part 2 – PFC 1(B) – paragraph 5 a (new)
5a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 442 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 5
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 5
– 0,752% by mass of total calcium oxide (CaO),
Amendment 446 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 6
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 6
– 0,75% by mass of total sulphur trioxide (SO3), or
Amendment 450 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 7
Annex I – part II – PFC 1(C) (I) (b) (ii) – point 2 – indent 7
– 0,from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 456 #
2016/0084(COD)
Proposal for a regulation
Annex I – part II – PFC 3(A) – point 1
Annex I – part II – PFC 3(A) – point 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 460 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C) – paragraph 1
Annex I – part 2 – PFC 1(C) – paragraph 1
An inorganic mineral fertiliser shall be a fertiliser other than an organic or organo-mineral fertilisercontaining nutrients in a mineral form or processed into a mineral form from animal or plant origin. Urea and its condensation and association products shall be considered as containing nutrients in a mineral form.
Amendment 465 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 1
1. An minorganiceral macronutrient fertiliser shall be aimed at providing plants with one or more of the following macronutrients: (a) Primary: nitrogen (N), phosphorus (P), and potassium (K),. (b) Secondary: magnesium (Mg), calcium (Ca), sulphur (S) or sodium (Na). The declarable nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, N from crotonylidene diurea. The declarable primary and secondary content is given by the P2O5, K2O, MgO, CaO, SO3, and Na2O form. New forms can be added after a scientific examination.
Amendment 468 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a
(a) Cadmium (Cd) - 80 mg/kg P2O5.
Amendment 477 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 2 – point 1
Annex II – part II – CMC 2 – point 1
1. A CE marked fertilising product may contain plants, plant parts or plant extracts having undergone no other processing than cutting, grinding, centrifugation, pressing, drying, freeze- dryingsieving, milling, centrifugation, pressing, drying, freeze- drying, buffering, extrusion, frost- treatment, sanitation by using heat, or extraction with water.
Amendment 478 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 493 #
2016/0084(COD)
Proposal for a regulation
Annex II – Part II – CMC 8 – point 1
Annex II – Part II – CMC 8 – point 1
1. A CE marked fertilising product may contain a substance or a mixture (including technological additives, for example: anti-caking agents, defoaming agents, anti-dust agents, dyes and rheological agents) intended to improve the fertilising product's nutrient release patterns, only if that substance's or mixture's compliance with the requirements of this Regulation for a product in PFC 5 of Annex I has been demonstrated in accordance with the conformity assessment procedure applicable to such an agronomic additive.
Amendment 495 #
2016/0084(COD)
Proposal for a regulation
Annex II – Part II – CMC 8 – point 3
Annex II – Part II – CMC 8 – point 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) or ammonium (NH4+) and urea (CH4N2O).
Amendment 502 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Amendment 507 #
2016/0084(COD)
Proposal for a regulation
Annex II – part II – CMC 11 a (new)
Annex II – part II – CMC 11 a (new)
CMC 11a: OTHER INDUSTRY BY- PRODUCTS 1. A CE marked fertilising product may contain other industry by-products coming from specific industrial processes, which are excluded from CMC 1 and are listed in the table below, under the conditions specified therein: 2. Until [Publications office, please insert the date occurring 5 years after the publication of this regulation in the Official Journal of the European Union] the following currently used industrial by- products are allowed to be used as component materials of CE market fertilizing products: ammonium sulfate, sulfuric acid, iron sulfate, ammonia, magnesium sulfate, magnesium nitrate and anti-caking agents, when obtained as by-products or co-products of specific industrial processes.
Amendment 510 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 1 – point 2 – point c
Annex III – part 1 – point 2 – point c
(c) IShort instructions for intended use, including intended application rate and intended target plants;
Amendment 513 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point d
(d) Nickel (Ni) 1240 mg/kg dry matter,
Amendment 516 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 – point 2 – point b
Annex III – part 2 – PFC 1 – point 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) or ammonium nitrogen (NH4+) and urea nitrogen (CH4N2O).
Amendment 518 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) – paragraph 2 – point g
Annex I – part 2 – PFC 1 (C) (I) – paragraph 2 – point g
(g) Bbiuret (C2H5N3O2) 12 g/kg dry matter, and(twelve) g/kg
Amendment 521 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 1
1. A straight solid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 522 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(A) – point 1 – point d – indent 6
Annex III – Part 2 – PFC 1(A) – point 1 – point d – indent 6
– Organic carbon (C); and C/N ratio;
Amendment 523 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 523 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(B) – point 1 – point e
Annex III – Part 2 – PFC 1(B) – point 1 – point e
Amendment 525 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 529 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 6
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 6
- 10% by mass of total sulphur trioxide (SO3), or
Amendment 530 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a)(i) – paragraph 2 – indent 7
- 1from 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 530 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point a
Annex III – part 2 – PFC1 (C) (I) – point 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K;. The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P2O5, – minimum level 75% of total P2O5, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P2O5.
Amendment 532 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 1
1. A compound solid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 534 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 535 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 2
- 35% by mass of total phosphorus pentoxide (P2O5),
Amendment 536 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3
- 35% by mass of total potassium oxide (K2O),
Amendment 536 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC1 (C) (I) – point 1 – point e
Annex III – part 2 – PFC1 (C) (I) – point 1 – point e
Amendment 538 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 539 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 4
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 4
- 1,52% by mass of total magnesium oxide (MgO),
Amendment 540 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 5
- 1,52% by mass of total calcium oxide (CaO),
Amendment 541 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 6
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 6
- 1,5% by mass of total sulphur trioxide (SO3), or
Amendment 542 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (a)(ii) – paragraph 2 – indent 7
- 1between 1% to 10% by mass of total sodium oxide (Na2O).
Amendment 543 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (a)(i-ii) (A) – paragraph 5 – indent 1
Annex I – part 2 – PFC 1 (C) (I) (a)(i-ii) (A) – paragraph 5 – indent 1
- following five thermal cycles as described under Heading 4.2 in Module A1 in Annex IV, for testing before placing on the market,
Amendment 544 #
2016/0084(COD)
Proposal for a regulation
Annex III – Part 2 – PFC 1(C)(I)(a) – point 3 – point c
Annex III – Part 2 – PFC 1(C)(I)(a) – point 3 – point c
(c) powder, where at least 90% of the product can pass through a sieve with a mesh of 10 mm, or
Amendment 547 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 1
1. A straight liquid minorganiceral macronutrient fertiliser shall have a declared content of not more than oneone primary nutrient.
Amendment 549 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain one of the followingprimary declared nutrients in the minimum quantity stated:
Amendment 550 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 552 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 6
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 6
- 5% by mass of total sulphur trioxide (SO3), or
Amendment 552 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 –PFC 1(A)
Annex III – part 3 –PFC 1(A)
Permissible Permissible tolerance for the tolerance for the declared nutrient declared nutrient content and other content and other declared declared parameter parameter Organic carbon ± 2015 % relative (C) deviation of the declared value up declared value up to a maximum of to a maximum of 2,0 percentage 2,0 percentage point in absolute point in absolute terms terms Dry matter ± 5,0 percentage content point in absolute terms terms Total nitrogen ± 150 % relative (N) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Organic nitrogen ± 150 % relative (N) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total phosphorus ± 150 % relative pentoxide (P2O5) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total potassium ± 150 % relative oxide (K2O) deviation of the declared value up declared value up to a maximum of to a maximum of 1,0 percentage 1,0 percentage point in absolute point in absolute terms terms Total and water- ± 25% of the soluble declared content magnesium of those nutrients oxide, calcium up to a maximum oxide, sulphur of 1,5 percentage trioxide or points in absolute sodium oxide terms. Total copper (Cu) ± 50 % relative Total zinc (Zn) ± 50 % relative Quantity - 5 % relative deviation of the deviation of the declared value up declared value up to a maximum of to a maximum of 2,5 percentage 2,5 percentage points in absolute points in absolute terms terms Total zinc (Zn) ± 50 % relative deviation of the deviation of the declared value up declared value up to a maximum of to a maximum of 2,0 percentage 2,0 percentage points in absolute points in absolute terms terms Quantity - 5 % relative deviation of the deviation of the declared value declared value Declared forms Binaries: of nitrogen, maximum phosphorus and tolerance, in potassium absolute terms, of 1,1 N and 0,5 organic N, 1,1 P2O5, 1,1 K2O and 1,5 for the sum of two nutrients. Ternaries: maximum tolerance, in absolute terms, of 1,1 N and 0,5 organic N, 1,1 P2O5, 1,1 K2O and 1,9 for the sum of three nutrients. ± 10 % of the total declared content of each nutrient up to a maximum of 2 percentage points in absolute terms.
Amendment 553 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C) (I) (b)(i) – paragraph 2 – indent 7
- 1from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 555 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 –PFC 1(B) – table 1
Annex III – part 3 –PFC 1(B) – table 1
Permissible tolerance for the declared content of forms of inorganic macronutrient N P2O5 K2 MgO CaO SO3 Na2O O ± 25% of the declared ± 25% of the declared-50% and +100% of the ± 25% of the content of the nutrient forms declared content of those nutrients up declared content up present up to a maximum of nutrients up to a maximum of 1,5 to a maximum of 0,.9 2 percentage point in -2 and +4 percentage points in absolute percentage points in absolute terms for each in absolute terms. absolute terms nutrient separately and for the sum of nutrients
Amendment 556 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
Annex I – part 2 – PFC 1 (C) (I) (b)(ii) – paragraph 1
1. A compound liquid minorganiceral macronutrient fertiliser shall have a declared content of more than one primary nutrient.
Amendment 558 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – introductory part
2. The CE marked fertilising product shall contain more than one of the followingprimary declared nutrients in the minimum quantities stated:
Amendment 558 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 –PFC 1(B)
Annex III – part 3 –PFC 1(B)
Organic carbon: 20± 15 % relative deviation of the declared value up to a maximum of 2,0 percentage point in absolute terms Organic nitrogen: 50± 15 % relative deviation of the declared value up to a maximum of 1,0 percentage point in absolute terms Total copper (Cu) ± 50 % relative deviation of the declared value up to a maximum of 2,5 percentage points in absolute terms Total zinc (Zn) ± 50 % relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms
Amendment 559 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 1
- 1,53% by mass of total nitrogen (N),
Amendment 560 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 1(C)(I)
Annex III – part 3 – PFC 1(C)(I)
Amendment 561 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 2
- 1,53% by mass of total phosphorus pentoxide (P2O5),
Amendment 563 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3
- 1,54% by mass of total potassium oxide (K2O),
Amendment 565 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 3 a (new)
- and can contain one or more secondary nutrients in the minimum quantity stated:
Amendment 567 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 4
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 4
- 0,754% by mass of total magnesium oxide (MgO),
Amendment 567 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 3
Annex III – part 3 – PFC 3
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter pH ± 0,7 at the time of manufacture ± 1,0± 0,9 at any time in the distribution chain Organic carbon (C) ± 10% relative deviation of the declared value up to a maximum of 1,0 percentage points in absolute terms Total nitrogen (N) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total phosphorus pentoxide (P2O5) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Total potassium oxide (K2O) ± 20% relative deviation up to a maximum of 1,0 percentage point in absolute terms Dry matter ± 10% relative deviation of the declared value Quantity - 5% relative deviation of the declared value at the time of manufacture - 215% relative deviation of the declared value at any time in the distribution chain Carbon (C) org /Nitrogen (N) org ± 20% relative deviation of the declared value up to a maximum of 2,0 percentage points in absolute terms Granulometry ± 10 % relative deviation applicable to the declared percentage of material passing a specific sieve.
Amendment 568 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 5
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 5
- 0,752% by mass of total calcium oxide (CaO),
Amendment 569 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 6
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 6
- 0,75% by mass of total sulphur trioxide (SO3), or
Amendment 570 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 7
Annex I – part 2 – PFC 1 (C)(I) (b)(ii) – paragraph 2 – indent 7
- 0,from 0,5% to 5% by mass of total sodium oxide (Na2O).
Amendment 570 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 3 – PFC 4
Annex III – part 3 – PFC 4
Forms of the declared nutrient and other Permissible tolerances for the declared declared quality criteria parameter Electric conductivity ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain pH ± 0,7 at the time of manufacture ± 1,0 ± 0,9 at any time in the distribution chain Quantity by volume (litres or m³) - 5% relative deviation at the time of manufacture - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of - 5% relative deviation at the time of materials with particle size greater than 60 manufacture mm mm - 215% relative deviation at any time in the distribution chain Quantity (volume) determination of pre- - 5% relative deviation at the time of shaped GM manufacture - 215% relative deviation at any time in the distribution chain Water-soluble nitrogen (N) ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain Water-soluble phosphorus pentoxide ± 50% relative deviation at the time of (P2O5) manufacture ± 7560% relative deviation at any time in the distribution chain Water-soluble potassium oxide (K2O) ± 50% relative deviation at the time of manufacture ± 7560% relative deviation at any time in the distribution chain
Amendment 575 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point b
Annex IV – part 2 – module A – point 2.2 – point b
Amendment 578 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point c
Annex IV – part 2 – module A – point 2.2 – point c
Amendment 580 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3 (A) – paragraph 1
Annex I – part 2 – PFC 3 (A) – paragraph 1
1. An organic soil improver shall consist exclusively of material of solely biological origin, including peat, leonardite, lignite and humic substances obtained from them, but excluding other materials which isare fossilized or embedded in geological formations.
Amendment 583 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A1 – point 4 – paragraph 1
Annex IV – part 2 – Module A1 – point 4 – paragraph 1
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least at least every 3six months in the case of continuous operation of the plant or every year for the periodic production on behalf of the manufacturer, in order to verify conformity with
Amendment 589 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a
Annex I – part 2 – PFC 3(A) – paragraph 3 – point a
(a) Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 592 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
Annex I – part 2 – PFC 3(A) – paragraph 3 – point b a (new)
(b a) Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 594 #
2016/0084(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
WTO Compatible Limit of Cadmium in Fertilizers Any producer of fertilizing products that is able to prove - to the satisfaction of the competent authority - that the average Cd level in its CE market fertilising product placed on the market is not higher than 80 mg/1 kg P2O5 will be deemed to satisfy – with respect to its fertilizing products - the requirement of Article 4(1)(a) of the Regulation with respect to any of its EC- marked fertilising products as the limit of cadmium in , PFC1(C)(I) 2(a) is concerned. For EU producers, the competent authority is the relevant authority in the Member State where it is established. For non-EU producers, the competent authority is the Commission.
Amendment 608 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 3
Annex I – part 2 – PFC 4 – paragraph 3
3. Salmonella spp. shall be absent in a 25 g sample of the CE marked fertilising product. Clostridium botulinum shall be absent in a 10 g/10 ml sample of the CE marked fertilising product.
Amendment 610 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
Annex I – part 2 – PFC 4 – paragraph 4 a (new)
4a. Absence of resistant parasites eggs of Ascaris spp. and Toxocara spp. shall be demonstrated.
Amendment 730 #
2016/0084(COD)
Proposal for a regulation
Annex II – part 2 – CMC 8 – paragraph 3
Annex II – part 2 – CMC 8 – paragraph 3
3. A CE marked fertilising product may contain a compliant nitrification inhibitor, as referred to in PFC 5(A)(I) of Annex I, only if at least 50% of the total nitrogen (N) content of the fertilising product consists of the nitrogen (N) forms ammonium (NH4+) or ammonium (NH4+) and urea (CH4N2O).
Amendment 780 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 – paragraph 2 – point b
Annex III – part 2 – PFC 1 – paragraph 2 – point b
(b) The nitrification inhibitor content shall be expressed as a percentage by mass of the total nitrogen (N) present as ammonium nitrogen (NH4+) or ammonium nitrogen (NH4+) and urea nitrogen (CH4N2O).
Amendment 786 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point a
(a) the declared nutrients nitrogen (N), phosphorus (P) or potassium (K), by their chemical symbols in the order N-P-K; . The declared nitrogen content is given by the sum of ammoniacal N, nitric N, ureic N, N from urea formaldehyde, N from isobutylidene diurea, and N from crotonylidene diurea. Phosphorus fertilisers must fulfil the following minimum solubility levels to be plant-available, otherwise they cannot be declared as phosphorus fertilisers: – water solubility: minimum level 40% of total P205, – minimum level 75% of total P205, solubility in neutral ammonium citrate, – solubility in formic acid (only for soft rock phosphate): minimum level 55% of total P205.
Amendment 799 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point e
Annex III – part 2 – PFC 1(C)(I) – paragraph 1 – point e
Amendment 800 #
2016/0084(COD)
Proposal for a regulation
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point e
Annex III – part 2 – PFC 1 (C)(I) – paragraph 1 – point e
Amendment 838 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Annex IV – part 2 – Module A – paragraph 2.2 – point c
Amendment 841 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
Annex IV – part 2 – Module A 1 – paragraph 4 – introductory part
The cycles and test referred to under Headings 4.1-4.3 below shall be carried out on a representative sample of the product at least at least every 3six months in the case of continuous operation of the plant or every year for the periodic production on behalf of the manufacturer, in order to verify conformity with
Amendment 853 #
2016/0084(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
WTO Compatible Limit of Cadmium infertilisers Any producer of fertilising products that is able to prove - to the satisfaction of the competent authority - that the average Cd level in its CE marked fertilising product placed on the market is not higher than 80 mg/1 kg P205 will be deemed to satisfy – with respect to its fertilising products - the requirement of Article 4(1)(a) of the Regulation with respect to any of its EC- marked fertilising products as the limit of cadmium in, PFC 1(C)(I) 2(a) is concerned. For EU producers, the competent authority is the relevant authority in the Member State where it is established. For non-EU producers, the competent authority is the Commission.
Amendment 385 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 8 a (new)
Article 6 – paragraph 1 – point 8 a (new)
Amendment 395 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 17 a (new)
Article 6 – paragraph 1 – point 17 a (new)
(17 a) ‘shore seines’ means surrounding nets and towed seines set from a boat and towed from the shore or from a boat moored or anchored to the shore;
Amendment 398 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 21
Article 6 – paragraph 1 – point 21
(21) ‘driftnet’ means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s),ny gillnet held on the water surface or at a certain distance below it by floating devices and, drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea- anchor or an anchor on the bottom attached at one single end of the net;
Amendment 440 #
2016/0074(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 451 #
2016/0074(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. In traditional fisheries it shall be permitted to use only bottom-set gillnets whose total length is not more than 200 metres per vessel.
Amendment 575 #
2016/0074(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) Articles 3, 8, 9, 10, 11, 12, and 12, Article 13(2) and (3), Articles 14, 15, 16 and 25 are deleted;
Amendment 682 #
2016/0074(COD)
Proposal for a regulation
Annex IX – Part B – paragraph 1 – table – row 3
Annex IX – Part B – paragraph 1 – table – row 3
At least 20mm Whole area DirecTargeted fishing for sardine and anchovy. Fishing with beach seines targeting fish species of the family Centracanthidae
Amendment 685 #
2016/0074(COD)
Proposal for a regulation
Annex IX – Part B – paragraph 1 – table – row 4 a (new)
Annex IX – Part B – paragraph 1 – table – row 4 a (new)
At least 10mm Adriatic Sea Fishing with beach seines targeting fish species of the family Atherinidae
Amendment 686 #
2016/0074(COD)
Proposal for a regulation
Annex IX – Part C – paragraph 2 – subparagraph 1
Annex IX – Part C – paragraph 2 – subparagraph 1
The length of psurse seines and seines withoutrounding nets and purse lseines shall be restricted to 800 metres with a drop of 120 metresnot more than 600 metres, and the drop may not exceed one third of the length, except in the case of tuna purse seines used for directed fishing of tuna.
Amendment 6 #
2015/2326(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the impact of effective application of EU law on strengthening the credibility of the EU institutions; appreciates the importance attributed in the report to petitions submitted by citizens, businesses and civil society organisations as a means of monitoring the application of EU law through citizens’' direct expression of their views, a right enshrined in the Lisbon Treaty and an important element of European citizenship; emphasizes the role of petitions to draw the attention of the Parliament and Commission to shortcomings in the application of EU law by the Member States; notes that parliamentary questions and petitions serve as useful alerting tools addressed to the Commission indicating weaknesses in the application of the EU law;
Amendment 10 #
2015/2326(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out that the different implementation and transposition of EU law creates continuous burdens for citizens and businesses, namely for those citizens who want to benefit from the achievements of the internal market and live, work, do business or study in another Member State; stresses that delays in transposition have also negative impact on legal certainty; reiterates its position that the Commission should make compliance with EU law a true political priority through an effective cooperation with the institutions, with special regard to the Council in particular to systematic recourse to correlation tables, Member States and other interested parties; underlines the primary responsibility of the Member States to implement and apply EU law correctly;
Amendment 11 #
2015/2326(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Notes that in 2014 3715 new complaints were registered and the total number of complaints increased by 5.7%; notes the number of new EU Pilot files which was 1208 in 2014; acknowledges the number of processed complaints and EU Pilot files in 2014 and appreciates the 75% resolution rate of EU Pilot files as quick and effective problem solving method;
Amendment 12 #
2015/2326(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges the administrative guarantees granted to complainants, such as the provision of information, and notification, in respect of their complaints, as also requested by the Committee on Petitions in its 2015 opinion on the aforementioned report; welcomes the renewed 'Applying Union law' web section of the Europa portal which gives citizens relevant information about how EU law has been applied in the Member States and about how to file a complaint; welcomes the better on-line accessibility of the decisions on infringements; notes that some improvements are desirable in the practices of the Commission regarding the information delivered for citizens in processing their complaints;
Amendment 16 #
2015/2326(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the positive impact of EU Pilot on the exchange of information between the Commission and the Member States, and on the resolution of problems relating to the application of EU law at national level; stresses that this can also provide valuable information for pending petitions; welcomes the Member States' increasing efforts to settle infringement cases before the Court procedure stage; notes that preliminary rulings help clarify questions on application of the EU law and can prevent infringement procedures;
Amendment 25 #
2015/2326(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets that petitions submitted by EU citizens refer to violations of EU law; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectivelystresses that petitions mainly concern alleged breaches of EU law in the fields of fundamental rights, including the rights of persons belonging to minorities and persons with disabilities, discrimination, including discrimination based on nationality, internal market, free movement, transport, environment, education, employment and health care; considers that these petitions attest to the fact that there are still frequent and widespread instances of late or incomplete transposition, or of misapplication, of EU law, and stresses that the Member States should implement and execute EU law effectively and should legislate in full respect of fundamental values and principles enshrined in the Treaties and the Charter of the Fundamental Rights of the EU; calls the Member states for a substantive improvement on the quality of the information exchange with the Committee on Petitions and the clarifications provided; emphasizes the need for presence and balanced dialogue with the representatives of the Member States on concerned petitions during the meetings of the Committee on Petitions;
Amendment 36 #
2015/2326(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines the importance of implementation plans adopted by the Commission with the aim of assisting and guiding Member States in the timely, clear and correct transposition of EU directives; welcomes the importance attributed to Better Regulation and to the monitoring of EU regulatory fitness, which form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.reminds the Commission to apply the principles of equal treatment of Member States and impartiality when scrutinizing the application of EU law;
Amendment 38 #
2015/2326(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the importance attributed to Better Regulation and to the EU regulatory fitness (REFIT); the REFIT programme should be strengthened and also include measuring and reducing administrative burdens faced by citizens; believes that this programmes form part of a greater effort to improve the quality of EU legislation and – it is to be hoped – should have a positive impact on the number of petitions submitted.
Amendment 2 #
2015/2231(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Article 24 of the TFEU lays down that ‘every citizen of the Union may apply to the Ombudsman established in accordance with Article 228’; whereas Article 228 of the TFUE empowers the European Ombudsman to conduct inquiries into maladministration in the activities of the Union institutions, bodies, offices, and agencies, with the exception of the Court of Justice of the European Union acting in its judicial role; whereas Article 41 of the Charter of Fundamental Rights states that ‘Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union’;
Amendment 4 #
2015/2231(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas Article 43 of the Charter of Fundamental Rights states that ‘Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.’
Amendment 5 #
2015/2231(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Ombudsman transferred 636772 complaints to members of the European Network of Ombudsmen, including 86 complaints transferred to the European Parliament’s Committee on Petitions, 144 to the Commission and 524 to other institutions and bodies; whereas most inquiries concerned the Commission (59.6 %), followed by the EU agencies (13.7 %), EPSO (9.4 %), other institutions (8.5 %), the EEAS (3.8 %), Parliament (3.5 %) and OLAF (3.2 %);
Amendment 6 #
2015/2231(INI)
Motion for a resolution
Recital J
Recital J
J. whereas of the inquiries closed by the Ombudsman 21.5 % concerned requests for information and access to documents, 19.3 % the Commission’s role as guardian of the Treaties, 19.3 % competition and selection procedures and 16 % institutional and policy matters, 11,3% administration and staff regulations, 8,3% award of tenders or grants and 6% execution of contracts;
Amendment 7 #
2015/2231(INI)
Motion for a resolution
Recital L
Recital L
L. whereas in 76 cases no maladministration was found; whereas in 39 cases maladministration was found, and in 13 cases another way to close the case was used; whereas in the cases where maladministration was found the Ombudsman issued critical remarks in 27 instances and draft recommendations in 12 instances; whereas the notion of good administration should be understood as an on-going continuous improvement process;
Amendment 9 #
2015/2231(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the length of the most of inquiries closed in 2014 was between 3 and 18 months; whereas the average time for closing an inquiry was 11 months;
Amendment 14 #
2015/2231(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes thatGives its full support to the Ombudsman has made’s greater use of her power to open strategic investigations on her own initiative and ha; welcomes appointeding an Own- Initiative Investigation Co-ordinator; considers that it has been crucial that the Ombudsman put the focus on transparency as a guarantee of good administration;
Amendment 30 #
2015/2231(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Ombudsman’s increased focus on transparency in lobbying activities and her work towards a mandatory Transparency Register, so that citizens may know who is trying to influence EU decision makers; welcomes her inquiry into the composition and transparency of expert groups at the Commission, in particular those advising on the Common Agricultural Policy where the EU spends more than a third of its budget; supports her approach and encourages her to continue monitoring transparency in the composition of these groups in order to guarantee a balanced representation in all such groups in all policy areas; calls on the Ombudsman to fight for gender balance within ththe wide range of economic and non- economic intereset groups in all policy areas;
Amendment 32 #
2015/2231(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Transparency Register, in which more than 7000 institutions have voluntarily registered; what reflects the variety of public and private stakeholders that the European institutions are constantly working with; welcomes the Ombudsman’s support for Vice President Timmermans’ plan to work towards a mandatory register and welcomes the Commission’s decision of 1 December 2014 obliging all members of the Commission and senior staff to publish all contacts and meetings with stakeholders and lobbyists;
Amendment 40 #
2015/2231(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 46 #
2015/2231(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes thatWelcomes the Ombudsman opened an’s investigation into the protection of fundamental rights in the EU’s cohesion policy, which was set up to create growth and jobs, to tackle climate change and energy dependence, and to reduce poverty and social exclusion, in order to verify whether the Charter of Fundamental Rights is being adhered to in all cases where this policy is implemented and, failing this, whether fines could be imposed on Member States or funds suspended;
Amendment 47 #
2015/2231(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 55 #
2015/2231(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Commends the Ombudsman on her investigations into the citizens’ right to participate in the EU decision-making process, in particular into the functioning of the European Citizens’ Initiative; notes that in 2014 she invited ECI organisers, Civil Society Organisations and other interested parties to provide feedback on the ECI with a view to its improvement; invites the Ombudsman to share her experience and contribute to the upcoming revision of the regulation on ECI;
Amendment 57 #
2015/2231(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the EU institutions’ 80 % compliance rate with the Ombudsman’s suggestions; is concerned at the 20% non- compliance; despite the fact that Ombudsman’s suggestions are not legally binding, urges the institutions to respond and react promptly to the Ombudsman’s critical remarks and to make all efforts to improve theircommit to a responsible follow-up rate;
Amendment 61 #
2015/2231(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the Ombudsman to continue to promote the European Network of Ombudsmen with a view to better informing EU citizens about the apportionment of responsibilities between the European Ombudsman, national ombudsmen and its Committee on Petitions; recognises the important contribution of the Network; notes that 59.3 % of complaints processed in 2014 fell within the competence of a member of the Network; recalls that its on the Committee on Petitions is a fullto be a more active member of the Network and reinforce the collaboration on common policies of concern, which fall within European field of activities; notes that in 2014 the Ombudsman transferred 86 complaints to this committee;
Amendment 14 #
2015/2128(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the fact that Member States have taken specific measures to ensure more effective fight against fraud affecting the financial interests of the EU both on the expenditure and revenue sides, so that the EU budget is well-spent, detecting and prosecuting more fraud cases in 2014 than in the previous year;
Amendment 15 #
2015/2128(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on Member States to put even more effort into ensuring that money from the EU budget is correctly used for projects that contribute to growth and jobs in Europe;
Amendment 16 #
2015/2128(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Welcomes the proven effectiveness of OLAF’s origin investigations concerning the eligibility of preferential tariff measures and calls upon the Member States to consider these findings and take all necessary and appropriate measures in accordance with the provisions of EU customs legislation; in order to prevent losses to the EU budget due to the import of goods under PTAs not entitled to preferential tariff treatment, the Commission is called upon to continue to verify that Members States improve the effectiveness of their risk management systems and control strategies on the basis of the mutual assistance (MA) communications; furthermore asks the Commission to follow up on their commitment to carry out ex post evaluations on PTAs with significant economic, social and environmental impact including a periodical reporting system by beneficiary countries on their management and control of preferential origin;
Amendment 20 #
2015/2128(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that fight against illicit trade should remain a high priority for the EU as well as for the Member States;
Amendment 21 #
2015/2105(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas – without doubting the contribution of free trade to economic growth - there has not been a serious debate in the European Union about the costs of free trade policies (such as industry adjustments: industrial closures, manufacturing job losses, delocalization of entire industries to third countries, and increased imports) and the overall cost/benefit analysis of free trade policies; the lack of such honest debate leads various stakeholders to question the logic and direction of EU trade policy and EU policies in general, an honest debate would prevent this unfortunate result;
Amendment 22 #
2015/2105(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the European Union's trade policy is one of the most liberal policies in the world, with one of the lowest industrial tariffs globally (with much higher tariffs on industrial goods around the world, including in most developing and growing markets: China, India, South America, and Russia) and – in contrast to most developing countries – strict EU subsidy policies prevent application of state funds to furthering uncompetitive EU industries and keep open government procurement markets, while other trade partners keep subsidizing uncompetitive industries and close their national government procurement markets to EU companies;
Amendment 23 #
2015/2105(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas global overcapacity in key industries and the resulting trade imbalance, have begun eroding the trust that EU companies and industries have in the soundness of EU trade policy;
Amendment 31 #
2015/2105(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the speed with which EU trade negotiations are launched and EU trade priorities in such negotiations are formulated prevents many EU citizens and companies from fully participating at the crucial early stages of policy and priorities' formulation;
Amendment 41 #
2015/2105(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas doubts are being raised by EU citizens, companies and SMEs on whether large industry associations truly represent the interests of EU citizens, EU companies and generally, the European Union;
Amendment 43 #
2015/2105(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas transparency requires that EU institutions verify that positions submitted on behalf of EU industries actually reflect EU industry views;
Amendment 47 #
2015/2105(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas rules of origin determine the true extent of trade liberalization, as they determine which goods actually benefit from free trade agreements, but are often missed in public trade policy debates and have not, until now, been subject to an analysis by the European Parliament;
Amendment 98 #
2015/2105(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. In order to ensure transparency and preservation of EU trade interests, calls on the European Commission, when conducting industry consultations on trade initiatives, to conduct a pre- screening of EU trade associations, to ensure that their membership, organizational structure and rules of procedure ensure that EU entities, with EU headquarters and centre of business decisions in the EU, have majority vote in adopting positions on trade issues that the European Commission relies on;
Amendment 164 #
2015/2105(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the European Commission to study the impact of the rise of global value chains on delocalization, closures, job losses and offshoring in the EU industry, as well as to study whether efficiency gains due to lower labour and regulatory compliance costs in third countries are not globally outweighed by environmental and social costs, as well as emissions related to transportation inherent in global value supply chains;
Amendment 191 #
2015/2105(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Insists that the monitoring, evaluation and follow-up of existing agreements become a key priority of the CCP; calls on the Commission to reallocate resources in order to enable DG Trade to better monitor trade agreements which need to be implemented, in particular, asks the European Commission to produce a country-by country report, for all free trade agreements that entered into force in the last 10 years, indicating which EU industries gained and lost due to each FTA (predominantly, but not exclusively, relying on the trade flows with the FTA partners), also identifying the reasons why imports increased for the main sectors that lost market share to FTA imports and whether EU industries affected by these imports warned of such potential effects of the FTA during the negotiation process and why their concerns have been disregarded;
Amendment 234 #
2015/2105(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the European Commission to create a central database of trade associations at the EU and national level, including umbrella EU associations and their national members, which would all be consulted on trade initiatives; requests the European Commission to investigate the degree to which EU umbrella associations in fact are governed in a way that ensures true representation of EU industry interests and asks the European Commission to consult national associations as well as umbrella associations, and document such consultations;
Amendment 239 #
2015/2105(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the European Commission to provide ample time, at the national level as well, for national industries to acquaint themselves with trade proposals of the European Commission and prepare their positions before the Commission begins the negotiations; calls on the Commission to engage in direct consultations with national associations in parallel to consultations with their EU umbrella associations;
Amendment 241 #
2015/2105(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Calls on the European Commission, after presenting the text of a negotiated free trade agreement for conclusion by the Council and approval of the European Parliament, to present a list of industries that have requested protection from imports or transitional periods for tariff reductions for particular products in the FTA, with an indication of which sectors received such protection and – if they did not – whether the European Commission supported their request for protection and why, and in cases where the European Commission supported such requests but did not secure protection in the final text of the FTA, the reasons why such protection or transitional periods were not possible in the FTA;
Amendment 244 #
2015/2105(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25d. Calls on the European Commission, in cases where it receives conflicting input from various EU stakeholders claiming to represent the same EU industry, to submit a summary of various positions advanced for the FTA with a reasoned analysis on why the merits of one position, and not the other, if any, were included in the EU negotiating position. In this context, the European Commission must analyse and explain, independently, which position better secures jobs and interests of this EU sector submitting the positions and why, before adopting it as the official position of the European Union;
Amendment 245 #
2015/2105(INI)
Motion for a resolution
Paragraph 25 e (new)
Paragraph 25 e (new)
25e. Emphasises that full implementation of the Deep and Comprehensive Free Trade Agreement with the Ukraine should be a priority; emphasises in this regard the need for the European Commission, the European Parliament and the Member States to do their utmost in ensuring its full implementation as soon as possible;
Amendment 307 #
2015/2105(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Emphasizes the central role that rules of origin play in determining which industries benefit or lose from EU FTAs; recognizing that rules of origin have not been, until now, fully analysed by the European Parliament, asks the European Commission to prepare a report identifying the changes the European Commission has made in the last 10 years, at 4-digit CN level, to their preferred FTA default negotiating position on ROO, explaining the reasons for any changes made;
Amendment 389 #
2015/2105(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Calls on the European Commission to present a report to the European Parliament on dual-pricing and other price-distorting practices of major EU trading partners, with a special focus on energy resources, indicating the economic impact of such practices on EU economy and the steps that the European Commission has taken – at the bilateral, multilateral and WTO level – to eradicate such practices; Calls on the Commission to do its utmost to abolish the practice of dual-pricing and other price-distorting practices in its trade relations with all its trading partners;
Amendment 407 #
2015/2105(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Calls on the Commission and the Member States to find more sophisticated ways of introducing mitigating measures to redevelop industries and regions that lose out; emphasises that in this respect the European Structural and Investment Funds, and in particular both the European Regional Development Fund and the European Social Fund, can play an outstanding role; points out that the European Globalisation Adjustment Fund could also be an important instrument if reformed and shaped in a way that it is adequately funded; calls on the Commission to increase the scope of the European Globalisation Adjustment Fund to provide assistance to EU companies and producers that are negatively affected by trade-related sanctions vis-á-vis third countries or by sanctions of third countries against EU producers and companies; Calls on the Commission to also assist those companies in finding alternative trading opportunities to mitigate or offset the negative economic effects of such sanctions; Calls on the Commission to find alternate means to assist those companies should a change in the scope of the European Globalisation Adjustment Fund not materialise within a reasonable time frame;
Amendment 1 #
2015/2086(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the best interest of the child must be the paramount ofchildren is of highest importance, which must be also the main criterion when taking any kind of decision related to their adoption of a child; calls on Member States to ensure the implementation of the children's right to freely express their views and have these taken into consideration according to their age and maturity, as enshrined in art. 24 CFR;
Amendment 3 #
2015/2086(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. IStates that there is no mechanism within the EU governing automatic recognition of domestic adoption orders made within other Member States, which represents a barrier to free movement of families; insists on the absolute necessity to ensure legal certainty in the field of inter- countrycross-border recognition of domestic adoption for the protection of the parents' and children's rights respecting at the same time EU law provisions as regards European Citizenship; notes, however, that there should be a possibility to refuse the recognition of a domestic adoption if it is manifestly contrary to the public policy of the recognizing state;
Amendment 7 #
2015/2086(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to avoid heavy bureaucracy in the process of recognition of Conventionalinter-country adoptions already recognised in another EU Member State so as to ensure a correct implementation of the 1993 Hague Convention; invites EU Member States to encourage non-contracting States to join the 1993 Hague Convention, which would guarantee that all children benefit from the same standards, and help avoid a parallel system with less safeguards;
Amendment 19 #
2015/2086(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States, in case of proceedings related to non-consensual adoptions with cross-border aspects, to systematically implement the provisions of the Vienna Convention on Consular Relations of 1963 and to make sure that the authorities of the States of origin of the parents involved have been properly informed without any delay;
Amendment 23 #
2015/2086(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member sStates to ensure, when accurate, the implementation of articles 15 and 55 of theon the transfer of the case to a court better placed to hear it and article 55 regarding principles of cooperation on cases specific to parental responsibility of Council Regulation n°(EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility;
Amendment 26 #
2015/2086(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States, in case of adoption, to to agree on a minimum threshold for the duration of cross-border adoption procedures, ensureing that the relatives of the birth parents have had a real opportunity to apply as permanent carer of the chiladopters of the child; draws, in this regard, attention to international standards and recalls article 8 of the UN Convention on the Rights of the Child (UNCRC), underlining the obligation of governments to respect and protect children's identity, including their family relations. Recalls, furthermore, article 20 UNCRC, which states that when considering different solutions such as foster placement, adoption or placement in suitable institutions for the care of children, due regard shall be paid to the desirability of continuity in a child's upbringing and the child's ethnic, religious, cultural and linguistic background;
Amendment 34 #
2015/2086(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Asks the Member States authorities involved in adoption proceedings to make all the possible efforts in order not to separate siblings.; recalls, in this regard, article 8 UNCRC, underlining the obligation of governments to respect and protect children's identity, including their family relations;
Amendment 35 #
2015/2086(INL)
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) Underlines the necessity to improve support structures for families; therefore, calls on the Commission and Member States to co-finance and promote the set- up of networks of NGOs providing assistance to EU citizens who live with their families in another Member State and require additional help in their cooperation with child welfare services and local authorities;
Amendment 36 #
2015/2086(INL)
Draft opinion
Paragraph 8 – point 2 (new)
Paragraph 8 – point 2 (new)
(2) Calls on the Member States to compile regular statistics on cases of children who are nationals of another Member State and are placed into care or adopted.
Amendment 4 #
2015/2003(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard the remarks made by European Council President Tusk on 29th June 2015 at the joint press conference with Chinese Prime Minister Li Keqiang following the 17th EU-China Summit where he expressed the EU’s ‘concerns on freedom of expression and association in China, including the situation of the persons belonging to minorities such as Tibetans and Uighurs’ and where he ‘encouraged China to resume a meaningful dialogue with the Dalai Lama’s representatives’,
Amendment 36 #
2015/2003(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
– having regard to the nine rounds of talks between the Chinese government and the Representatives of the Dalai Lama from 2002 to 2010, of which the latest round took place in February 2010,
Amendment 39 #
2015/2003(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
– having regard to the Memorandum on Genuine Autonomy released by the Representatives of the 14th Dalai Lama in 2008 and the Note on the Memorandum on Genuine Autonomy of 2009,
Amendment 41 #
2015/2003(INI)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
– having regard to China’s White Paper on Tibet, ‘Tibet’s Path of Development Is Driven by an Irresistible Historical Tide’, released by China’s State Council Information Office on 15 April 2015,
Amendment 187 #
2015/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the need for EU Member States to speak with one voice to the Chinese Government, particularly in view of Beijing’s present diplomatic dynamism; deplores the lack of profound debate and close coordination at EU level regarding Member States’ membership of the AIIB; is concerned about the recently developed cooperation between China and Central and Eastern European countries, also known as the 16+1 group, which includes several EU Member States, as it may divide the EU and weaken its position vis à vis China and does not address human rights issues;
Amendment 249 #
2015/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that President Xi Jinping is trying to give a new attractive face to Chinese politics through an attitude of openness and to impress world leaders by projecting both accessibility and powerful self-confidence; points out, however, that President Xi is not the new attractive face of Chinese politics for the country's civil rights activists, lawyers, journalists, bloggers and academics, who find their freedom curbed in a way not seen since decades; deplores with this regard that China's draft NGO law would tighten the government's control over civil society, intensifying an already existing repression and restriction of political and civil rights, including by banning "overseas NGOs" that are not registered with the Chinese Ministry of Public Security and provincial public security departments from funding any Chinese individual or organization, and prohibiting Chinese groups from conducting "activities" on behalf of or with the authorization of non-registered overseas NGOs, including those based in Hong Kong and Macau;
Amendment 289 #
2015/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the urgency of environmental protection measures, bearing in mind, for example, that in 2014 only eight out of 74 major cities reached the national standard of PM 2.5 air pollution concentrations; warns that the double water crisis (massive pollution combined with increased water usage) could cause major political and social instability; welcomes the fact that under the new environmental protection law local cadres are accountable, also retroactively, for environmental damage caused during their tenure; is concerned about the degradation of Tibet's environment, as the Tibetan plateau, often referred to as the 'world's third pole', is warming twice as fast as the rest of the world due to China's policies of fast-track development in the region since the beginning of its Western Development Strategy in 1999, which focuses on increased urbanization and infrastructural development, such as the Qinghai-Tibet railway; is concerned about the fact that one of the most direct consequences of such policies is the melting of Tibet's estimated 46,000 glaciers, which feed most of the biggest Asian rivers;
Amendment 304 #
2015/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that in recent years China's anti-terrorism policy has evolved rapidly from a somewhat reactive ‘defence against terror' approach to a proactive ‘war on terror', along with permanent ‘crisis management' entailing action to an unprecedented extent in affected regions and in society; is deeply concerned about the draft law on counter-terrorism, currently under discussion in China, which may lead to further violations of the rights to freedom of expression, assembly, association and religion, and legitimate human rights abuses in the name of security and the fight against terrorism, in particular in ethnic minority areas, such as Tibet and Xinjiang; calls on China to review the broad and vague language of its draft counter-terrorism law with regard to the definitions of terrorism and terrorist activities, which would attribute huge discretionary powers to both the State organs working on counter-terrorism and security forces;
Amendment 320 #
2015/2003(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the restriction placed on EU Member States diplomats and media to travel freely in China including Tibetan and Uyghur inhabited areas, whilst the Chinese diplomats and journalists enjoy free access across the EU Member States;
Amendment 392 #
2015/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a strong contradiction exists between the official Chinese aspiration to the universality of human rights and the worsening human rights situation; notes that the degradation of the human rights situation in China has increased since Xi Jinping assumed power in 2013 and intensified an already existing crackdown over the population, limiting the space for expression and peaceful advocacy for civil society even further; is concerned about the fact that the three draft laws to be adopted in 2015 – the counter-terrorism, the national security and the NGO laws – will contribute to legalise the current repression;
Amendment 418 #
2015/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Criticises the fact that in China freedom of religion is not a right, but a matter for the state, which sets the limits of what is permissible; supports the resistance of Chinese churches against the government's renewed strategy of ‘sinicisation' of Christianity; condemns, in particular, the ongoing anti-Christian campaign in the province of Zhejiang, during which dozens of churches were demolished and more than 400 crosses removed in 2014; shares the concerns of churches about other provinces where there is a strong Christian presence; deplores the fact that the environment to practice Buddhism in Tibet worsened significantly after the Tibetan protests of March 2008, as the Chinese government adopted a more pervasive approach to "patriotic education", including measures to micromanage Tibetan Buddhist monastic affairs, for instance through unelected Management Committees installed in every monastery; "legal education" programs for monks and nuns to ensure that they "do not take part in activities of splitting up the motherland and disturbing social order"; and a ban on images of the Dalai Lama; is concerned about the China's Criminal Law being used to prosecute individuals, whose religious activities are equated with "separatism", leading to the fact that monks and nuns make up approximately 44% of the political prisoner population in Tibet;
Amendment 430 #
2015/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Protests against the marginalisation of Tibetan culture by the CPC and urges the Chinese authorities to respect the freedom of expression, association and religion of the Tibetan people; is deeply concerned about the fact that over 142 Tibetans have resorted to self-immolations to protest against the lack of freedom and stringent crackdown in Tibet, and rejects the conflation of self-immolations with terrorism, as no Chinese citizen has ever been injured by the acts of self- immolators; deplores the recently passed criminalisation measures of self- immolations aimed at punishing those allegedly associated with self-immolators, including friends, families and even entire communities, leading to charges of up to "intentional homicide", representing a violation of international law, which prohibits collective punishment; calls on China to resume the currently stalled Sino-Tibetan dialogue in order to achieve a mutual solution for the current instability in Tibet; stresses that measures to improve the situation in Tibet should be addressed as a matter of urgency, as the current tension may lead to increased instability in the near future; is deeply concerned about the forceful re- settlement of over 2 million Tibetan nomads and herders since 2006 into so called "New Socialist Village" without access to education, health and economic prospect; deeply concerned of the continued transfer of Han Chinese population transfer into Tibetan inhabited areas and China's plan to increase urban population in Tibet by 30 percent by end of 2020;
Amendment 443 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Deplores the fact that the Chinese government continues to impose hard-line policies in Tibet and rejects the Dalai Lama's "Middle Way Approach" aimed at the achievement of genuine autonomy for the Tibetan people within the borders of the People's Republic of China, considering it as a way to split China and achieve independence, as outlined in its White Paper on Tibet of April 2015; the Middle way Approach seeks neither independence nor separation from China. It calls for a genuine autonomy for the Tibetan people within the framework of China's constitution. It provides the basis for a realistic and sustainable political solution to the issue of Tibet; is concerned about the fact that the definition of "terrorist" included in China's draft law on counter-terrorism, if not substantially revised, may apply to Tibetans advocating for a different policy approach or carrying out religious activities outside state-controlled institutions, and that the conflation of "terrorism" with religious "extremism" in the law gives scope for the penalization of almost any peaceful expression of Tibetan culture, religion or identity that may differ from those of the state;
Amendment 457 #
2015/2003(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Deplores the denial of access to medical care for prisoners. Tulku Tenzin Delek Rinpoche, a prominent Tibetan lama who has been a prisoner since 2002 and sentenced to 20-years-in prisoned, died on 13 July 2015 due to denial of access to medical care. 10 Tibetans similarly died in Chinese prisons or immediately following their release in 2014 because of torture in detention and denial of medical care;
Amendment 59 #
2015/0289(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Basic Regulation also requires that only sustainable fisheries partnership agreements be limited to surplus catches as referred to in Article 62(2) and (3) of UNCLOS.
Amendment 75 #
2015/0289(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The Union must seek an international level playing field where the Union fishing fleet can compete with other fishing nations, adapting market access rules accordingly whenever stringent rules are adopted for the Union fleet.
Amendment 77 #
2015/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) Union fishing vessels operatingconducting fishing activities in waters under the sovereignty or jurisdiction of a third country, under the auspices of a regional fisheries management organisation, in or outside Union waters to which the Union is a contracting party, or on the high seas; and
Amendment 110 #
2015/0289(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it did not operate in waters of a non-cooperating third country pursuant to Articles 31 and 33 of Council Regulation (EC) No 1005/2008.
Amendment 127 #
2015/0289(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Upon a justified request from the Commission, a flag Member State shall refuse, suspend or withdraw the authorisation in cases of overriding policy reasons pertaining to the sustainable exploitation, management and conservation of marine biological resources or the prevention or suppressionthe event of serious reported cases of illegal, unreported or unregulated fishing operations in the area concerned, or in cases where the Union has decided to suspend or sever relations with the third country concerned.
Amendment 146 #
2015/0289(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the operator has paid all fees andincluding, where applicable, financial penalties claimed by the third country competent authority over the past 12 months. subject to a final and irrevocable court ruling.
Amendment 188 #
2015/0289(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 1
Article 18 – paragraph 1 – point c – indent 1
Amendment 190 #
2015/0289(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 1 a (new)
Article 18 – paragraph 1 – point c – indent 1 a (new)
– a valid fishing authorisation for the vessel concerned, issued by the third country with sovereignty or jurisdiction over the waters where the activities take place;
Amendment 191 #
2015/0289(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 2 – introductory part
Article 18 – paragraph 1 – point c – indent 2 – introductory part
– evidence of the sustainability of the planned fishing activitieoperations, on the basis of:
Amendment 192 #
2015/0289(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 2 – indent 1
Article 18 – paragraph 1 – point c – indent 2 – indent 1
– a scientific evaluation provided by the third country and/or by a regional fisheries management organisation and/or regional fisheries body with scientific competences, which may be valid for a period of 3 years; and
Amendment 200 #
2015/0289(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c – indent 3
Article 18 – paragraph 1 – point c – indent 3
Amendment 222 #
2015/0289(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) it has been issued with a fishing authorisation by its flag Member State of that vessel; and
Amendment 250 #
2015/0289(COD)
Proposal for a regulation
Article 39 – paragraph 2 – introductory part
Article 39 – paragraph 2 – introductory part
2. The list of fishing authorisations in the register shall be publicly accessible only in relation to fishing authorisations issued under sustainable fisheries partnership agreements or issued in relation to vessels operating in RFMO regulated waters and contain each of the following information:
Amendment 23 #
2014/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that before action is taken to improve the ECI, there needs to be evidence that shows the real situation, including the numbers of complaints lodged with the Court of Justice; points out that such changes should not be based solely on the personal assessments of individuals or groups of stakeholders;
Amendment 52 #
2014/2257(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that there is a Commission and Parliament representation in each Member State; points out, furthermore, that the possibility of setting up, in every Member State, an office to deal with citizens’ initiatives would generate additional bureaucratic costs;
Amendment 56 #
2014/2257(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out that the idea of promoting the ECI should not rely on excessive involvement in organising and funding citizens’ initiatives, as this deprives them of their quality of citizenship and makes the European Parliament jointly responsible for the intentions of those behind the initiatives;
Amendment 9 #
2014/2254(INI)
Draft opinion
Recital A
Recital A
A. whereas rights inherent to Union citizenship are incorporated in the Treaties and in the Charter of Fundamental Rights of the European Union; whereas the Treaty of Lisbon has strengthened the enforceability of fundamental rights with respect to the implementation of EU law by Member States at national level; whereas Article 51 of the Charter states that the Member States and the Commission must respect theseinstitutions, bodies and agencies of the EU must respect these rights; whereas the accession of the European Union to the European Convention on Human Rights will strengthen its commitment to the protection of fundamental rights;
Amendment 14 #
2014/2254(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the right to petition established a tight bond between the EU citizens and the Parliament; whereas the European Citizens' Initiative introduced a new direct link between the EU citizens and the EU institutions and can enhance the development of fundamental and citizens' rights;
Amendment 20 #
2014/2254(INI)
Draft opinion
Recital B
Recital B
B. whereas almost one third significant number of petitions received by Parliament relate to alleged breaches of fundamental rights referred to in the Charter, touching on issues such as citizenship, the four freedoms, employment, economic circumstances, environmental and consumer protection, justice systems, voting rights, disability and children’s's rights, access to education and linguistic rights; whereas some of those petitions raise questions related to health issues and worsened access to health care and health care services as a direct consequence of the economic crisis; whereas petitions are usually the earliest indicators of the situation of the fundamental rights in the Member States and they serve as an instrument for guaranteeing citizens their fundamental rights;
Amendment 44 #
2014/2254(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Deplores instances of discrimination against ethnic, religious and national minorities, on the grounds that human dignity is inviolable; calls foron the Anti-Discrimination Directive, which seeks to implement the principleMember States to implement properly the existing directives ofn equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, to be unblocked in the Council; underlines the fact that specific needs of the most vulnerable citizens such as minorities should be addressed in an appropriate way;
Amendment 51 #
2014/2254(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States and the EU institutions to be fully engaged in the protection of children's rights in cross- border family disputes; emphasises the need to promote children's rights across EU policies in order to ensure that the best interest of the child is always taken into consideration;
Amendment 57 #
2014/2254(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the role of Commission as the guardian of the Treaties is not limited to ensuring that legislation is transposed by the Member States, but also extends to the full and correct application of laws, in particular with a view to protecting citizens’' fundamental rights; reminds that the expectations of citizens go beyond the strict interpretation of the Charter and the objective should be to render these rights as effective as possible;
Amendment 76 #
2014/2254(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States and the Commission to remove existing obstacles within the Internal Market for enabling the full exercise of the right of free movement;
Amendment 77 #
2014/2254(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the portability of social securityunemployment benefits, pensions and health care rights and the recognition of professional qualifications is important in ensuring the full accomplishment of fundamental rights and civil liberties, including on the basis of the achievement of worker mobility;
Amendment 88 #
2014/2254(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States and the Commission, when proposing legislation, to strike an appropriate balance between counter- terrorism measures and the protection of fundamental rights;
Amendment 97 #
2014/2254(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to ensure through their policies that fundamental rights are properly respected, guaranteed, appliprotected and developed further. within the European Union;
Amendment 44 #
2014/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an ambitious and balanced agreement with the US may support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’s GDP generated by industry from 15 % to 20 %; whereas it has the potential to create opportunities especially for SMEs, which suffer more from non-tariff barriers (NTBs) than larger companies; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well;
Amendment 73 #
2014/2228(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, given the growing interconnectedness of global markets – up to 40 % of European industrial products are manufactured from imported upstream products – it is crucial that policymakers shape the way these markets interact; whereas proper trade rules are fundamental to creating added value in Europe, since industrial production takes place in global value chains;it is crucial that Europe benefits from participation in global supply chains, while maintaining and developing a strong, competitive and diversified industrial base in Europe; (For consistency with the Recital A European added value should not be built only on e.g. costs of marketing, storage and/or distribution of imports. Also resolution should not quote data without reference to sources. TTIP should first and foremost promote trade of goods manufactured in the EU or the US but the imported goods only repacked/relabelled/assembled in the EU or the US.)
Amendment 78 #
2014/2228(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas EU's attempts to deal with the challenges of climate change, environmental protection and consumer safety have resulted in high regulatory costs for EU enterprises, coupled with high energy feedstock and electricity prices, which - if left unaddressed in TTIP - may accelerate the process of delocalization, deindustrialization and job losses thereby threatening EU reindustrialization and employment targets, that will also defeat the very policy targets that EU regulations seek to achieve;
Amendment 114 #
2014/2228(INI)
Motion for a resolution
Recital E
Recital E
E. whereas many economic impact studies on TTIP should be taken with caution as they are built on computable general equilibrium economic models with veryased on many general assumptions and optimistic predictions about the capacity of the EU and the US to reduce regulatory barriers to trade; whereas the TTIP alone will not resolve economic problems in the EU and no false hopes and expectations should be raised in that respect;
Amendment 185 #
2014/2228(INI)
Motion for a resolution
Recital H
Recital H
H. whereas President Juncker has clearly reiterated in his Political Guidelines that – while the EU and the US can go a significant step further in recognising each other’s product standards and working towards transatlantic standards – the EU will not sacrifice its safety, health, social and data protection standards or our cultural diversity, recalling that the high level of safety of the food we eat and the protection of Europeans’ personal data are non- negotiable;will be maintained; (It is important to stress that we are not talking about lowering standards in negotiations rather than saying that issues of food safety are not-negotiable, as it is not true - issues of food safety or SPS are being negotiated, but we don’t want to decrease level of protection in this negotiations. That is the difference.)
Amendment 324 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
(ii) to aim at the elimination of all duty tariffs, while respecting sensitive agricultural and industrial products on both sides;
Amendment 331 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii a (new)
Paragraph 1 – point b – point ii a (new)
(iia) to keep in mind that EU climate change, environmental, labour, consumer safety and animal welfare legislation imposes disproportionate cost burden on EU enterprises, that - in many sectors is - not borne by similar industries in the United States giving US industries a regulatory and cost advantage in those fields - and therefore the European Commission is encouraged to protect these sectors by, including, but not limiting to, negotiating the longest possible transitional periods;
Amendment 337 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii
Paragraph 1 – point b – point iii
(iii) to keep in mind that there are important offensive interests for the EU in the services sector, for instance in the areas of engineeringprofessional services, telecommunications and transport services;
Amendment 350 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii a (new)
Paragraph 1 – point b – point iii a (new)
(iiia) to ensure that mutually beneficial mobility package is provided for, which includes visa facilitation for providers of services and goods from all Member States and recognises their professional and technical qualifications;
Amendment 361 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
(iv) to increase market access for services by mutual recognition for EUs professional service providers, according to the ‘positive list approach’ whereby services that are to be opened up to foreign companies are explicitly mentioned and new services are excluded while ensuring that possible standstill and ratchet clauses only apply to non- discrimination provisions and allow for enough flexibility to bring services back into public control;
Amendment 528 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiv
Paragraph 1 – point b – point xiv
(xiv) to ensure that the negotiations on rules of origin aim at reconcilinge the EU and US approaches; given the conclusion of the negotiations for the Compreh in a way that as far as possible takes into account the interests of European producers and that thus contributes to economic growth and promotes job creation in the EU while protecting the sensitive Economic and Trade Agreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free trade agreement, the possibility and scope of cumulation will need to be considered; products; however it must be kept in mind that the purpose of TTIP is to facilitate trade in genuinely US and EU made products and not to allow imports from third countries; Exclusions for certain products will need to be considered on a case by case basis and exclusions from all type of cumulation should be granted for sensitive sectors;
Amendment 550 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point i
Paragraph 1 – point c – point i
(i) to ensure that the regulatory cooperation chapter promotes an effective, pro- competitive economic environment through the facilitation of trade and investment while developing and securing high levels of protection of health and safety, consumer, labour and environmental legislation and of the cultural diversity that exists within the EU; negotiators on both sides should strive to achieve the best outcome in each sector; however, they need to identify and to be very clear about which regulatory measures and standards are fundamental and cannot be compromised, which ones can be the subject of a common approach, which are the areas where mutual recognition based on a common high standard and a strong system of market surveillance is desirable and which are those where simply an improved exchange of information is possible, based on the experience of one and a half years of ongoing talks;
Amendment 635 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point ii
Paragraph 1 – point d – point ii
(ii) to ensure that the sustainable development chapter aims at the full and effective ratification, implementation and enforcement ofreaffirmation of the Parties' commitment to shared key principles stemming from the eight fundamental conventions of the International Labour Organisation (ILO) and their content, the ILO’s Decent Work Agenda and the core international environmental agreements; provisions should be aimed at improving levels of protection of labour and environmental standards; an ambitious trade and sustainable development chapter should also include rules on corporate social responsibility based on the Guidelines for Multinational Enterprises of the Organisation for Economic Cooperation and Development (OECD) and a clearly structured civil society involvement; (Commission in its position paper on Trade and Sustainable Development suggests less stringent provisions. We have to be careful in obliging US to ratify all ILO conventions, as this is probably non- negotiable issues for them.)
Amendment 684 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vii
Paragraph 1 – point d – point vii
(vii) to ensure that in course of the negotiations the two sides examine ways to facilitate natural gas and oil exports, so that TTIP wouldTTIP abolishes any existing export restrictions on energy between the two trading partners, thereby supporting a diversification of energy sources in the EU and to consider conditioning tariff reduction on energy intensive goods on effective free flow of US energy to the EU in order to enhance European negotiating position;
Amendment 765 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved withrout the inclusion of an ISDSgh a national court systems or, where appropriate ISDS; all dispute mechanism;s such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the use of national courts are the most appropriate tools to address investment disputes;et in place within the TTIP- framework must uphold full transparency and be subject to democratic principles and scrutiny with CETA solutions serving as a basis; (It is crucial to include in the ISDS provisions the so called fork-in-the-road provision, which creates an option for the investor to choose EITHER national court system OR investment arbitration; parallel claims should be prohibited. Intergovernmental dispute settlement would leave decision on initiation of an investment dispute to a state, which would inevitably involve political considerations and would limit access of SMEs to dispute settlement.)
Amendment 30 #
2014/2159(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Commends this new approach on the Ombudsman’s part, which was adopted to reflect her desire to make the Ombudsman institution as accessible and user-friendly as possible; encourages interested parties to read the in-depth investigations part entitled: Good administration in practice: the European Ombudsman’s decisions in 2013, and to take to heart the Ombudsman’s considerations and recommendations; deplores the fact that this publication is available in English only, and suggests that it be made available in all official languages of the European Union;
Amendment 47 #
2014/0285(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation as regards remedial measures concerning plaice, flounder, turbot and brill, implementation of the landing obligation and technical measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at experts level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 50 #
2014/0285(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, involving both the European Parliament and the Council experts. Intensive debate with the stakeholders affected should be undertaken before a proposal for a specific measure is finalised. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 60 #
2014/0285(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 65 #
2014/0285(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘trapnet, fyke-net and pound net’ means large nets, anchored, fixed on stakes or occasionally floating, open at the surface and provided with various types of fish herding and retaining devices, and which are generally divided into chambers closed at the bottom by netting;
Amendment 85 #
2014/0285(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The plan shall aim at contributinge to the implementation of the landing obligation established in Article 15(1) of Regulation (EU) No 1380/2013 for the stocks concerned and for plaice.
Amendment 94 #
2014/0285(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The target fishing mortality shall be reached by 2015 and maintained onwardsIn order to reach the objectives set out in the Article 3, the target fishing mortality for the stocks concerned shall be within the following ranges within one year after entry into force of this Regulation and thereafter:
Amendment 160 #
2014/0285(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point f
Article 9 – paragraph 3 – point f
Amendment 164 #
2014/0285(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Article 18 (1) to (6) of Regulation (EU) No 1380/2013 shall apply to the measures under this Chapterreferred to in Articles 6, 8 and 9.
Amendment 166 #
2014/0285(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States concerned may submit the joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 within the following deadlinesreferred to in Articles 6(3), 8(3) and 9(4) of this Regulation for the first time not later than 12 months after the entry into force of this Regulation and thereafter 12 months after each submission of the evaluation of the plan in accordance with Article 14. Member States may also submit such recommendations in the event of any abrupt change in the situation for any of the stocks covered by the plan, if such measures are deemed necessary or justified by scientific advice:
Amendment 168 #
2014/0285(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 169 #
2014/0285(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 179 #
2014/0285(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. By way of derogation from Article 17(1) of Regulation (EC) No 1224/2009, the advance notification period laid down in that Article shall be of at least one hour before the estimated time of arrival at port. The competent authorities of the coastal Member States may give permission to an earlier entry at port provided that the necessary conditions for the appropriate control measures are at hand.
Amendment 195 #
2014/0285(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 1 #
2014/0177(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) If Union surveillance is applied, release for free circulation of the products concerned should be made subject to presentation of an import surveillance document meeting uniform criteria. That document should, on simple application by the importer, be endorsed by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import. The document should therefore be valid only during such period as the import rules remain unchanged. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 3 #
2014/0177(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the urgent cases referred to in Article 13, the Member State or States concerned shall immediately send the necessary import statistics and economic data to the Commission and the other Member States without delay.
Amendment 4 #
2014/0177(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Neither the Council, nor the Commission, nor Member States, nor the officials of any of these shall reveal any information of a confidential nature received pursuant to this Regulation, or any information provided on a confidential basis, without specific permission from the supplier of such information.
Amendment 7 #
Amendment 8 #
2014/0177(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Re-imports into the Union of textile products listed in the table set out in Annex V, effected in accordance with the rules on economic outward processing in force in the Union, shall not be subject to the quantitative limits referred to in Articles 2, 3 and 4 of this Regulation where they are subject to the specific quantitative limits given in the table set out in Annex V and have been re- imported after processing in the listed corresponding third country for each of the quantitative limits specified.
Amendment 9 #
2014/0177(COD)
Proposal for a regulation
Article 24 b (new)
Article 24 b (new)
Article 24b The Commission shall be empowered to adopt delegated acts in accordance with Article 26 of this Regulation to subject re- imports not covered by this Chapter and Annex V to specific quantitative limits, provided that the products concerned are subject to the quantitative limits laid down in Articles 2, 3 and 4 of this Regulation. Where a delay in the imposition of specific quantitative limits to re-imports of outward processing trade would cause damage which would be difficult to repair and therefore imperative grounds of urgency so require, the procedure provided for in Article 27 of this Regulation shall apply to delegated acts adopted pursuant to the first subparagraph.
Amendment 10 #
2014/0177(COD)
Proposal for a regulation
Article 24 c (new)
Article 24 c (new)
Article 24c 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 of this Regulation to effect transfers between categories of products set out in section A of Annex I and advance use or carry-over of portions of specific quantitative limits referred to in Article 24b from one year to another. Where a delay in the imposition of measures referred to in the first subparagraph would cause damage by impeding outward processing trade given the legal requirement to operate such transfers from one year to the next, and such damage would be difficult to repair, and therefore imperative grounds of urgency so require, the procedure provided for in Article 27 of this Regulation shall apply to delegated acts adopted pursuant to the first subparagraph. 2. However, automatic transfers in accordance with paragraph 1 may be carried out within the following limits: – transfer between categories of products set out in section A of Annex I for up to 20 % of the quantitative limit established for the category to which the transfer is made, – carry-over of a specific quantitative limit from one year to another for up to 10,5 % of the quantitative limit established for the actual year of utilization, – advance use of a specific quantitative limit for up to 7,5 % of the quantitative limit established for the actual year of utilization. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 26 of this Regulation to adjust the specific quantitative limits where there is a need for additional imports. Where a delay in the adjustment of the specific quantitative limits, where there is a need for additional imports, would cause damage by impeding access to such required additional imports which would be difficult to repair, and therefore imperative grounds of urgency so require, the procedure provided for in Article 27 of this Regulation shall apply to delegated acts adopted pursuant to the first subparagraph. 4. The Commission shall inform the third country or countries concerned of any measures taken pursuant to the preceding paragraphs.
Amendment 11 #
2014/0177(COD)
Proposal for a regulation
Article 24 d (new)
Article 24 d (new)
Amendment 12 #
2014/0177(COD)
Proposal for a regulation
Article 24 e (new)
Article 24 e (new)
Article 24e The competent authorities of the Member States shall provide the Commission with the names and addresses of the authorities competent to issue the prior authorisations referred to in Article 24d together with specimens of the stamp impressions used by them.
Amendment 13 #
2014/0177(COD)
Proposal for a regulation
Article 26
Article 26
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(3), Article 5(2), Article 12(3) and Articles 13 and 30 as well as in Article 24b and Article 24c(1) and (3) shall be conferred on the Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(3), Article 5(2), Article 12(3) and Articles 13 and 30 as well as in Article 24b and Article 24c(1) and (3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 5(2) and Articles 13 and 30 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. 6. A delegated act adopted pursuant to Article 3(3) and Article 12(3) as well as pursuant to Article 24b and Article 24c(1) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or of the Council.
Amendment 14 #
2014/0177(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 26(5) or (6). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.
Amendment 15 #
2014/0177(COD)
Proposal for a regulation
Annex I – A. TEXTILE PRODUCTS REFERRED TO IN ARTICLE 1 – table – Group V – last row (new)
Annex I – A. TEXTILE PRODUCTS REFERRED TO IN ARTICLE 1 – table – Group V – last row (new)
163 Gauze and articles of gauze put up in forms or packings for retail sale 3005 90 31
Amendment 16 #
2014/0177(COD)
Amendment 93 #
2014/0138(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. In addition, a 'driftnet' means a net made up of one or more walls of netting, hung jointly in parallel on the headline(s), held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift such as a sea-anchor or an anchor on the bottom attached at one single end of the net.
Amendment 103 #
2014/0138(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to catch any marine biological resource with driftnets; and longer than 2.5 kilometre;
Amendment 110 #
2014/0138(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 160 #
2014/0138(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 162 #
2014/0138(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 167 #
2014/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
This Regulation shall enter into force on 1 January 20156.
Amendment 310 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point iii
Article 4 – paragraph 1 – point f – point iii
Amendment 312 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point iv
Article 4 – paragraph 1 – point f – point iv
Amendment 314 #
2014/0059(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point v
Article 4 – paragraph 1 – point f – point v
Amendment 29 #
2013/2989(RSP)
Paragraph 7
7. Calls on the EU and Vietnam to agree in the FTA on a fair and equitable treatment of all investors and services providers in the banking, insurance, legal, accounting, transport, distribution, wholesale and retail sector services; recalls that as regards financial services, it is also essential to ensure adequate supervision thereof to reduce systemic risk and provide the highest possible level of consumer protection as well as to enforce fair competition rules and practices between domestic and foreign investors and services providers, amongst other, by reducing, if not fully eliminating existing equity caps and abolishing restrictions on establishment and licence acquisition;
Amendment 41 #
2013/2989(RSP)
Paragraph 11
11. Considers that the FTA should respect sensitivities linked to trade in agricultural and fisheries products, but that this should not prevent market opening in areas of complementarity,both partners from full and mutual opening of their markets including tariff elimination in the areas of complementarity, inter alia with regard to wines and spirits and underlines that new market access shall be subject to a thorough enforcement of intellectual property protection among with geographical indications and sanitary and phytosanitary measures (SPS);
Amendment 43 #
2013/2989(RSP)
Paragraph 11 – point a (new)
(a) recalls the importance of respecting the WTO commitments in the spirit of trade liberalisation, and simultaneously underlines that any WTO-inconsistent practices should be abandoned before concluding the FTA negotiations
Amendment 162 #
2013/2945(RSP)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that the Parliament's Ad Hoc Delegation for the Observation of Trials of Journalists in Turkey, established in 2011 and referred to in its Resolution on the 2011 Progress Report on Turkey and in its Resolution on the 2012 Progress Report on Turkey, has presented the Interim Activity Report in 2013, based on factual observations, and will deliver the Final Activity Report in the first semester of 2014;
Amendment 10 #
2013/2179(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Commission to ensure that European canned and prepared fish and shellfish are considered sensitive products; points out that long transitional periods and partial liberalisation commitments, including the imposition of quotas, should therefore be duly established for such products;
Amendment 12 #
2013/2179(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for access to the EU market for canned and prepared fish and shellfish from Thailand to remain subject to the current tariff and thus to be excluded from tariff liberalisation, so asthe Commission to safeguard the competitiveness of the Community tuna industry and preserve the significant activity and social dimension associated with the tuna industry in the EU (25 000 direct and 54 000 indirect jobs);
Amendment 14 #
2013/2179(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the EU to include the application of strict rules of origin for sensitive fish products in the EU-Thailand Free Trade Agreement, based on the concept of ‘wholly obtained’ products; considers, likewise, that the ‘no- drawback’ rule should be applied systematically and that Thailand should not be granted regional cumulation of origin or any cumulation with neighbourand for cumulation to be strictly limited in the case of products such as canned tuna, for which Thailand is mainly a processing country rather than a fishing countriesy;
Amendment 17 #
2013/2179(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Demands a guarantee that all operators in the sector, in both the EU and third countries, comply with the same competition rules in order to ensure a level playing field; takes the view that this should specifically entail compliance with international conventions on labour, respect for human rights and labour rights, environmental protection, the fight against illegal fishing and compliance with EU health and hygiene standards; takes the view that, to this end, the FTA should include a mechanism for monitoring and supervising complianceCommission should regularly report to Parliament on the compliance by Thailand with these rules;
Amendment 20 #
2013/2179(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the outcome of the trade negotiations with Thailand in the fisheries sector should be without prejudice to the European Parliament’s decision to support the conclusion of the Agreement by giving its consent to it;
Amendment 1 #
2013/2119(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the right to petition the European Parliament is one of the fundamental pillars of European citizenship, arising from the Article 44 of the Charter of Fundamental Rights of the European Union, providing the tools for increasing public participation in the European Union’s decision-making process and emphasises, in light of this, the Committee on Petitions’ crucial role as the effective juncture between the citizen, Parliament and the Commission;
Amendment 16 #
2013/2119(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that, in light of the current economic situation, the EU legislation, needs to be even more effective, clear and efficient, bringing benefits for the citizens of the EU at minimum costs and paying full attention to the principles of subsidiary and proportionality;
Amendment 20 #
2013/2119(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that due to the poor management of a public sector, the burden on the citizens is constantly rising; therefore urges the Commission and Member States to put more efforts in this sphere in order to improve theeffectiveness and efficiency of management and staff of this sector and reduce costs;
Amendment 23 #
2013/2119(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that citizens, businesses and other stakeholders expect a simple, clear and predictable regulatory framework; indicates that excessive regulation disrupts competitiveness and retards the growth of economy; points, therefore, to the need of a reduction in bureaucracy and administrative burdens and calls on the Commission to identify the pieces of legislation where regulatory costs can be reduced. In that case it is necessary to force good legislative practices in the EU;
Amendment 29 #
2013/2119(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges Member States to avoid unnecessary administrative requirements and burdens for enterprises which could delay growth of the economy; Member States therefore should clearly identify mandatory provisions of EU law and measures for their implementation proposed by parliaments on the national level, together with clarifications regarding the establishment of additional (not that indicated in the EU law) provisions ;
Amendment 39 #
2013/2119(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Urges the Commission to help competitive national institutions to ensure appropriate transposition and application of EU rules and to deterdetermine and eliminate the main risk factors to timely and appropriate implementation of new (or partly amended) pieces of legislation, as well as to recommend, what risk reduction factors have to be foreseen in the implementation plans; also, to pay more attention to the development of communication of bilateral national administrations and the Commission as well as to other forms of support to Member States;
Amendment 6 #
2013/2051(INI)
Motion for a resolution
Recital I
Recital I
I. whereas this definition does not limit maladministration to cases where the rule or principle that is being violated is legally binding; whereas the principles of good administration go furtherve practices constitute a higher level of commitment than the law, requiring the EU institutions not only to respect their legal obligations, but also to be service-minded and to ensure that members of the public are properly treated and fully enjoy their rights;
Amendment 13 #
2013/2051(INI)
Motion for a resolution
Recital X
Recital X
X. whereas in 2012 the Ombudsman focused in particular on the integration of persons with varying degrees of disabilitiesy; whereas the Ombudsman, together with Parliament’s Committee on Petitions, the European Commission, the Fundamental Rights Agency and the European Disability Forum, works to protect, promote and monitor the implementation of the EU framework under the UN Convention on the Rights of Persons with Disabilities; whereas this convention is the first human rights treaty the EU has ever ratified;
Amendment 33 #
2013/2051(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that, as in previous years, most inquiries opened by the Ombudsman concerned the Commission (52.7 %), with the European Personnel Selection Office (EPSO) in second position (16.8 %); notes that the number of inquiries opened in 2012 concerning the European Parliament almost doubled compared with 2011; calls on its Secretariat to cooperate fully with the Ombudsman and ensure compliance and consistence with his recommendations and comments regarding administrative practices;
Amendment 45 #
2013/2051(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Congratulates the Ombudsman on the official certification of his institution by the European Foundation for Quality Management as ‘Committed to Excellence’; encourages his successor to build on this achievement and to continue to show the same commitment to independence, quality of complaint handling, outreach to citizens and good relations with the institutions, while at the same time supporting the principles of transparency;
Amendment 158 #
2013/0436(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1098/2007
Article 9 a (new)
Article 9 a (new)
(3a) The following Article is be inserted: "Article 9a The Commission shall be empowered to adopt delegated acts in accordance with Article 29a, to supplement or amend Chapter IV of this Regulation, in order to provide for transitional technical measures responding to the biological situation of Baltic cod stocks."
Amendment 159 #
2013/0436(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 b (new)
Article 4 – paragraph 1 – point 3 b (new)
Regulation (EC) No 1098/2007
Article 29 a (new)
Article 29 a (new)
(3b) The following Article is be inserted: "Article 29a 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 9a shall be conferred for three years starting from (date of entry into force of this regulation). It shall not be renewed. 3. The delegation of power referred to in Article 9a may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect of the day following the publication of the decisions in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify in simultaneously to the European Parliament and the Council."
Amendment 24 #
2013/0307(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) species used in closed aquaculture facilities in accordance with Regulation (EC) No 708/2007.
Amendment 27 #
2013/0307(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Invasive alien species shall only be included on the list referred to in paragraph 1 if they meet all of the following criteria:(Does not affect English version.)
Amendment 86 #
2013/0157(COD)
Proposal for a regulation
–
–
The European Parliament rejects the motion for a resolution.
Amendment 135 #
2013/0157(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 241 #
Amendment 318 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 322 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 326 #
2013/0157(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 329 #
2013/0157(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Freedom to provide services in seaports covered by this Regulation shall apply to the providers of port services established in the Union under the conditions set out in this Chapter.
Amendment 337 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 377 #
2013/0157(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 532 #
2013/0157(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services and passenger services.
Amendment 539 #
2013/0157(COD)
Proposal for a regulation
Article 11 – paragraph 1 a1 (new)
Article 11 – paragraph 1 a1 (new)
Amendment 603 #
2013/0157(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 636 #
Amendment 676 #
2013/0157(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 684 #
2013/0157(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 690 #
2013/0157(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 696 #
2013/0157(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 704 #
2013/0157(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Port service contracts concluded before [date of adoption of the Regulation] which do not meet the conditions provided in paragraph 1 shall remain valid until they expire but not after 1 July 20235.
Amendment 39 #
2013/0103(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation, improve effectiveness and enforcement and optimise review practice, and to facilitate access to the instruments for SMEs. To this end, the function of the Export Helpdesk should be adapted. In addition, certain practices that in recent years have been applied in the context of anti- dumping and anti-subsidy investigations should be included in the Regulations.
Amendment 43 #
2013/0103(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve transparency and predictability of anti-dumping and anti- subsidy investigations, the parties affected by the imposition of provisional anti- dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-impositionr non-imposition of such measures. The time given should be of maximum two weeks.
Amendment 67 #
2013/0103(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 75 #
2013/0103(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 77 #
2013/0103(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 107 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 6
Article 5 – paragraph 6
6. If, in special circumstances, such as in, but not limited to, case of diverse and fragmented industry sectors, or in the case of threats of retaliation by a third country or its industry against EU industry, or its individual members, wishing to file a complaint under Article 5 of this Regulation, it is decided to initiate an investigation without having received a written complaint by or on behalf of the CommunityUnion industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.
Amendment 108 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
1c. In Article 6, a new paragraph 6a is added : 6a. The Commission shall adopt implementing acts to ensure the possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non-confidential information is added to the investigation file.
Amendment 109 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9
Article 6 – paragraph 9
1d. Article 6, paragraph 9 shall be replaced by the following: For proceedings initiated pursuant to Article 5(9), an investigation shall be concluded within one year, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.
Amendment 123 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
2a. In Article 6, the following new paragraph 10a is added: "10a. Throughout the investigation, the Export Helpdesk should provide to SMEs information and explanations on the case and how to better present evidences, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities."
Amendment 136 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Provisional duties shall not be appliimposed within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 142 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the CommunityUnion industry, and if the CommunityUnion interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ninesix months from the initiation of the proceedings.
Amendment 151 #
2013/0103(COD)
Proposal for a regulation
Article 1 b (new)
Article 1 b (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
For the purpose of this Regulation, "raw materials" are materials that represent an important input used in production of the product concerned such as a material from which the product concerned is made, a component included in the product concerned, or energy used to make the product concerned.
Amendment 159 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industryThe lesser duty shall not be applied if the price of the principle costs of production, such as primary or secondary raw materials or energy, of the product concerned are found to be structurally distorted and do not materially reflect market prices of such inputs.
Amendment 168 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 d (new)
Article 1 – paragraph 1 d (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
1d. Article 8 (4) shall be replaced by the following: 4. Parties which offer an undertaking shall be required to timely provide ameaningful non-confidential version of such undertaking including as detailed as possible disclosure of its content and nature, so that it may be made available to interested parties to the investigation for their comments. Furthermore, the Commission shall consult the Union industry with regard to the main features and operation of the undertaking before accepting any such offer.
Amendment 184 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industryThe lesser duty shall not be applied if the price of the principle costs of production, such as primary or secondary raw materials or energy, of the product concerned are found to be structurally distorted and do not materially reflect market prices of such inputs.
Amendment 193 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1225/2009
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 204 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 1225/2009
Article 17 – paragraph 1
Article 17 – paragraph 1
In cases where the number of Union producers, exporters or importers, that cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available.
Amendment 212 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
1. The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include:
Amendment 218 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Amendment 229 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Regulation (EC) No 1225/2009
Article 21 – paragraph 5
Article 21 – paragraph 5
1c. Article 21 (5) shall be replaced by the following: 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee shall be taken into account by the Commission in any proposal made pursuant to Article 9. The Commission shall propose termination of investigation or review under this Article only if it is clear that under no possible scenarios would proposed measures help the Union industry to any degree.
Amendment 230 #
2013/0103(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Regulation (EC) No 1225/2009
Recital 11 a (new)
Recital 11 a (new)
Third countries increasingly interfere in trade of raw materials or energy with a view to keeping raw materials in those countries for the benefit of domestic downstream users, for instance by imposing export taxes or operating dual pricing schemes. As a result, the costs of raw materials or energy do not result from the operation of normal market forces reflecting supply and demand for a given raw material. Such interference creates additional distortions of trade. As a consequence, Union producers are not only affected by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, from additional distortions of trade. In order to protect trade adequately, the lesser duty rule shall not apply in such cases of structural raw material distortions or energy distortions.
Amendment 244 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 8
Article 10 – paragraph 8
8. If, in special circumstances, the Commissionsuch as in, but not limited to, case of diverse and fragmented industry sectors, or in the case of threats of retaliation by a third country or its industry against EU industry, or its individual members, wishing to file a complaint under Article 5 of this Regulation, it is decidesd to initiate an investigation without having received a written complaint by or on behalf of the CommunityUnion industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of countervailable subsidiesdumping, injury and a causal link, as described in paragraph 2, to justify such initiation.
Amendment 251 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11 a (new)
Article 11 – paragraph 11 a (new)
2a. In Article 11, a new paragraph 11a is added: Throughout the investigation, the Export Helpdesk should provide to SMEs informations and explanations on the case and how to better present evidences, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities.
Amendment 255 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11b (new)
Article 11 – paragraph 11b (new)
Amendment 259 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 9
Article 11 – paragraph 9
2c. In Article 11 (9) shall be replaced by the following: 9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall in all cases be concluded within 13 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action.
Amendment 269 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established.
Amendment 277 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12 – paragraph 1– point b
Article 12 – paragraph 1– point b
Provisional duties shall not be appliimposed within a period of two weeks after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.
Amendment 284 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
1c. Article 12(1), subparagraph 2 shall be replaced by the following: "The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ninesix months from the initiation of the proceedings."
Amendment 288 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 e (new)
Article 2 – paragraph 1 e (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 4
Article 13 – paragraph 4
1e. Article 13 (4) shall be replaced by the following: "4. Parties which offer an undertaking shall be required to timely provide ameaningful non-confidential version of such undertaking including as detailed as possible disclosure of its content and nature, so that it may be made available to interested parties to the investigation. for their comments. Furthermore, the Commission shall consult the Union industry with regard to the main features and operation of the undertaking before accepting any such offer."
Amendment 297 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Regulation (EC) No 597/2009
Article 15 – paragraph 1 – subparagraph 5
Article 15 – paragraph 1 – subparagraph 5
The amount of the countervailing duty imposed shall not exceed the amount of countervailable subsidies established.
Amendment 303 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
Regulation (EC) No 597/2009
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 313 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 597/2009
Article 27 – paragraph 1
Article 27 – paragraph 1
"1. In cases where the number of Union producers, exporters or importers, who cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to:"
Amendment 321 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29 – introductory part
Article 29 – introductory part
1. The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties.
Amendment 327 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EC) No 597/2009
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 329 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 d (new)
Article 2 – paragraph 1 d (new)
1d. Article 31 (5) shall be replaced by the following: 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee shall be taken into account by the Commission in any proposal made pursuant to Articles 14 and 15 9. The Commission shall propose termination of investigation or review under this Article only if it is clear that under no possible scenarios would proposed measures help the Union industry to any degree.
Amendment 337 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Regulation (EC) No 597/2009
Recital 9 a (new)
Recital 9 a (new)
(9a) Within the Union, countervailable subsidies are in principle prohibited pursuant to Article 107 (1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorized by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country/countries engaged in subsidisation.
Amendment 38 #
2013/0074(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Integrated Maritime Policy identifies maritime spatial planning and integrated coastal management as cross- cutting policy tools for public authorities and stakeholders to apply a coordinated, integrated approach. The application of an ecosystem-based approach, in which people play a key role, will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources.
Amendment 40 #
2013/0074(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the appropriate apportionment of maritime space among relevant uses and the coordinated management of coastal zones, a framework should be put in place that consists at least in the establishment and implementation by Member States of maritime spatial plans and integrated coastal management strategieplans.
Amendment 53 #
2013/0074(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach, in which people play a key role, as referred to in Article 1(3) of Directive 2008/56/EC so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human- induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations.
Amendment 62 #
2013/0074(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Through maritime spatial plans and integrated coastal management strategies Member States can reduce administrative burden and costs in support of their action to implement other relevant Union legislation. The timelines for maritime spatial plans and integrated coastal management strategies should therefore be coherent with the timetables set out in other relevant legislation, especially: Directive 2009/28/EC, which requires that Member State shall ensure thatsuitable growth in the share of energy from renewable sources in gross final consumption of energy in 2020 is at least 20 % and which identifies coordination of authorisation, certification and planning procedures, including spatial planning as an important contribution to achievement of the EU’s renewable energy targets; Directive 2008/56/EC and Annex A(6) to Decision 2010/477/EU, which requires that Member States shall take the necessary measures to achieve or maintain good environmental status in the marine environment by 2020 and which identify maritime spatial planning as a tool to support the ecosystem-based approach to the management of human activities in order to achieve good environmental status; Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network which requires that the trans-European transport network shall be established by 2020 by integrating Europe's land, sea and air transport infrastructure networks.
Amendment 82 #
2013/0074(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. When establishing maritime spatial plans and integrated coastal management strategieplans, Member States shall give due regard to the particularities of the regions and the sub-regions, the respective sector activities, the marine waters and coastal zones concerned and potential climate change impacts.
Amendment 86 #
2013/0074(COD)
Proposal for a directive
Article 5
Article 5
Amendment 109 #
2013/0074(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Objectives of maritime spatial planning and integrated coastal management 1. When establishing and implementing maritime spatial planning and where necessary incorporating integrated coastal management Member States shall take into account ecosystem-based approach to facilitate sustainable development and wherever possible, the co-existence, in a compatible manner, of relevant sector activities in marine waters and coastal zones. 2. As a part of the planning process, Member States shall take all reasonable steps to contribute to relevant objectives of the Union including but not limited to those in the areas of energy, transport, fisheries, environment and climate change. This shall be without prejudice to Member States' competence for determining their own objectives and priorities in these and related areas and how these are reflected in the planning process.
Amendment 148 #
2013/0074(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 154 #
2013/0074(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned.
Amendment 157 #
2013/0074(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 159 #
2013/0074(COD)
Proposal for a directive
Article 16
Article 16
Amendment 160 #
2013/0074(COD)
Proposal for a directive
Article 17
Article 17
Amendment 161 #
2013/0074(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The maritime spatial plans and integrated coastal management strategieplans referred to in Article 4(1) shall be established within a period of 36 monthseven years after the entry into force of this Directive.
Amendment 131 #
2012/2870(RSP)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the third judicial reform package as a step towards a comprehensive reform process in the area of the judiciary and fundamental rights; stresses however the crucial importance to continue the reform process with a fourth judicial reform package addressing (a) the issues related to the excessively broad definitions of criminal offences under the Criminal Law orand in particular what constitutes an act of terrorism under the Penal Code and the Anti-Terror Law, with the urgent need to introduce a clear distinction between the promotion of terrorism and the incitement to violence and the expression of non- violent ideas in line with the ECtHR case law, in order to safeguard freedom of expression, (b) the issue of the excessively long pre-trial detention periods, and (c) the need to and media, (b) procedures, including an independent and impartial interpretation of legal provisions that respect fundamental rights, such as allowing full access to the prosecution file for defence lawyers and addressing concerns regarding the quality and consistency of the evidence, c) efficiency such as the backlog of cases, which combined with procedural norms lead to issues such as the excessively long pre- trial detention periods;
Amendment 148 #
2012/2870(RSP)
Motion for a resolution
Paragraph 7b (new)
Paragraph 7b (new)
7b. Notes that the Ad Hoc Delegation for the Observation of the Trials of Journalists in Turkey will continue to monitor the trial of journalists and will follow judicial reforms in Turkey addressing freedom of expression and media;
Amendment 170 #
2012/2870(RSP)
Motion for a resolution
Paragraph 9a (new)
Paragraph 9a (new)
9a. Notes that, despite major reforms and progress with regard to human rights, the situation in the field of freedom of the press is deteriorating; condemns further practice of jailing journalists on vague anti-terror charges; calls for allowing press to report freely without fear of imprisonment as well as putting an end to the harassment based on speaking out on sensitive political issues; welcomes the positive change of entry into force of the right to defence in Turkish courts in any language other than Turkish;
Amendment 15 #
2012/2711(RSP)
Paragraph 4
4. Notes the conclusion of the EU-Japan scoping exercise to the mutureciprocal satisfaction of the Commission and Japanese Government;
Amendment 28 #
2012/2711(RSP)
Paragraph 7
7. Accordingly, requests that, as a condition for authorisgranting the Commission toa negotiateing mandate for an FTA with Japan, the Council insists on a binding review clause to allow for a thorough assessment of the implementation of the roadmaps formeasures for eliminating NTBs and the roadmapesults onf public procurement roadmaps for railways and urban transport agreed in the scoping exercise;
Amendment 37 #
2012/2711(RSP)
Paragraph 8
8. Calls on the Council to give the Commission a mandate to launch negotiations for a free trade agreement with Japan on the basis of the outcome of the scoping exercise;
Amendment 40 #
2012/2711(RSP)
Paragraph 9
9. Underlines that such an free trade agreement must be comprehensive, ambitious and fully binding in all its commercial provisions; stresses an FTA must lead to a genuine openness on the ground for EU businesses rather than just a hypothetical, legal openness; considers that if, during the negotiations, Japan does not demonstrate sufficient ambitthe Commission, in agreement with the Council and European Parliament, should determine the specific objectives that have to be achieved within the first year of the negotiations, including some of the main demands of the various European economic sectors submitted as part of the scoping exercise; considers that if, during the negotiations, Japan does not deliver clear results in meeting the priority demands of the Commission, the Commission should suspend negotiations after consultations with the European Parliament and the Council;
Amendment 86 #
2012/2711(RSP)
Paragraph 11, eighth indent l (new)
- Real market access opportunities for both sides in each others services market;
Amendment 119 #
2012/2308(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Respects the historic reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the two-seat system; nevertheless insists that such an arrangement cannot continue in perpetuity and that Parliament itself must be able to state a preference forthe European Parliament should be able to participate in the debate on its future;
Amendment 275 #
2012/2151(INI)
Motion for a resolution
Recital AT
Recital AT
AT. whereas European supervision of financial institutions within the euro area is an absolute priority to take measures to tackle the crisis, it should be, however, ensured that, for the purpose of internal financial market stability, countries whose currency is not the euro, which decide to access the single supervision mechanism, should be granted a participation formula, which guarantees symmetric relations between accepted obligations and impact on decision-making;
Amendment 277 #
2012/2151(INI)
Motion for a resolution
Recital AT a (new)
Recital AT a (new)
ATa. whereas the consequences of the establishment of a euro area supervisory authority on non-euro area Member States should be taken into account;
Amendment 5 #
2012/2104(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Member States to balance the needs of a healthy economy with those of the sustainable environment; emphasises that local communities must have a strong say in deciding the best balance between the needsdevelopment of people and the needs of wildlife;
Amendment 11 #
2012/2104(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the ‘'gold-plating’' of EU environmental legislation by Member States can have a perverse effect in terms of reducing the acceptance of such legislation; calls on the Member States to go further than required by EU directives only where there is a clear and popularly accepted need to do so;
Amendment 15 #
2012/2104(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the overwhelming need to develop new energy production capacities in the EU, invest in the technology and alternative ways of producing energy; recognises that this cannot be done without some impact on the environment, and urges the UnEuropean Commission and the Member States to prioritise good landscaping post-production;
Amendment 17 #
2012/2104(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that high standards of information and transparency concerning environmental legislation and the application of EU rules are essential to ensure that EU environmental policy meets with the citizens' consent and enhance their cooperation with local authorities;
Amendment 24 #
2012/2104(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Commission to find ways of better reconciling its environmental policies with the Common Fisheries Policy and the Common Agricultural Policy; enhancing the competitiveness of small and medium seized enterprises in the fisheries and aquacultural sectors, while the objective is to promote employment and support labour mobility.
Amendment 8 #
2012/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that, in their petitions, European citizens strongly protest against bullfights and other spectacles that cause stress or injury to and/or kill animalsexpose animals to unnecessary stress and during which animals are senselessly injured or killed;
Amendment 13 #
2012/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the European Animal Welfare Framework Law should include measures to solve the stray animal problem, which is particularly serious in the EU’s southern and eastern Member States, and urges that EU funding be provided for the implementation of effective sterilisation and castration measures; calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions in national legal systems;
Amendment 20 #
2012/2043(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Points to the concern among European citizens, expressed through their petitions to Parliament, about abuse of un-stunned slaughtering in EU; calls on the Member states to ensure more effective enforcement of the legislation while guaranteeing the derogation for un-stunned slaughter on religious groundly if this is dictated by religious considerations;
Amendment 21 #
2012/2043(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for better information of consumers about the methods of production of animal products or animal by-products and their impact on the welfare of animals in the form of transparent and adequate labelling and package leaflets and mandatory inclusion of information on animals’ countries of origin;
Amendment 15 #
2012/2024(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes that the Staff Regulations lay down general rules on conflicts of interest as regards when an official must inform his/her superiors, etc., but these would need to be complemented with rules governing the consequences, such as the possible revocation of decisions taken in violation of the rules on conflicts of interests, as well as the establishment of a deadline for enforcement of all decisions, in order to ensure the predictability of administrative processes;
Amendment 16 #
2012/2024(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Considers that EU citizens should expect a high level of transparency from the Commission, regardless of whether they are making a formal complaint or exercising their right of petition under the Treaty, together with information as to the possibility of their taking any further action in the matter.
Amendment 19 #
2012/0366(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
Amendment 31 #
2012/0366(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use38 prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition39. Upholds the ban on tobacco products for oral use, however, such a ban should not affect historically traditional smokeless tobacco products, which may be allowed by individual Member States. The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young people. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
Amendment 63 #
2012/0366(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use38 prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition39 . The prohibitioHowever, the ban ofn the sale of oral tobacco should be maintained in order to prevent the introduction to the internalobacco products for oral use, should not affect historically traditional tobacco products for oral use, marketing of a product that is addictive, has adverse health effects and is attractive to young peoplewhich may be allowed by individual Member States. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
Amendment 72 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘substantial change of circumstances’ means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 120% in at least 10 Member States based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
Amendment 74 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
(36a) ‘unique identification markings’ means a security feature which is both material-based and digitally-based
Amendment 88 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavousuch as sugar.
Amendment 102 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 126 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
The general warning shall be printed or affixed by means of non-removable stickers on the most visible surface of the unit packet and any outside packaging. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printedappear on the other most visible surface of the unit packet and any outside packaging.
Amendment 128 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) printedappear in black Helvetica bold type on a white background. The warnings may be affixed by means of stickers, provided that such stickers are irremovable. In order to accommodate language requirements, Member States may determine the point size of the font, provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required;
Amendment 131 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) centred in the area in which they are required to be printedappear, parallel to the top edge of the unit packet and any outside packaging;
Amendment 137 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
This tobacco product can damageis harmful to your health and is addictive
Amendment 166 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 170 #
2012/0366(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition . The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young peopleUpholds the ban on tobacco products for oral use, however, such a ban should not affect historically traditional tobacco products for oral use, which may be allowed by individual Member States. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
Amendment 172 #
2012/0366(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition . The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young people. As tobacco for oral use is prohibited to be placed on the internal market, oral tobacco products shall be exempted from the application of this Directive, except for Article 15. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
Amendment 175 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) the intended shipment route, the shipment date, shipment destination, point of departure and consignee;
Amendment 180 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 181 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Recorded data cannot be modified or deleted by any economic operator involved in the trade of tobacco products, but the economic operator that introduced the data and other economic operators directly concerned by the transaction such as the supplier or the recipient can comment on previously introduced data. The economic operator concerned shall add the correct data and a reference to the previous entry which requires rectification in their view. In exceptional circumstances and upon submission of adequate evidence, the competent authority in the Member State in which the recording took place or if the recording took place outside the Union the competent authority in the Member State of importation, can authorise the modification or deletion of data previously registered.
Amendment 182 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third partyconclude data storage contracts with a third party, which may be an agency of the Member State, and which is legally independent from the tobacco companies or their partners in the supply chain, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. Member States shall ensure full transparency. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.
Amendment 189 #
2012/0366(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Member States shall set maximum limits for toxic or carcinogenic substances present in smokeless tobacco products placed on the market.
Amendment 193 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 195 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 197 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 202 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 204 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 206 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 207 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 277 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
Amendment 377 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden. This ban shall, however, not affect traditional tobacco products for oral use, which may be allowed by individual Member States.
Amendment 569 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 1015 #
2012/0366(COD)
Proposal for a directive
Article 15
Article 15
Amendment 1018 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden. This ban should, however, not affect historically traditional tobacco products for oral use, which may be allowed by individual Member States.
Amendment 1023 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Where necessary to achieve a high level of health protection, Member States shallmay prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
Amendment 1026 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Tobacco for oral use shall be exempted from the application of this Directive, except for Article 15.
Amendment 1193 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) products with a nicotine concentration exceeding 450 mg per ml or
Amendment 23 #
2012/0236(COD)
Proposal for a regulation – amending act
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 1342/2008
Article 11a – paragraph 1 – point c
Article 11a – paragraph 1 – point c
c. during that trip the fishing vessel concerned has only onee type of regulated gear on board and that gear is listed in accordance with paragraph 2.
Amendment 2 #
2012/0229(NLE)
Proposal for a recommendation
Paragraph 1
Paragraph 1
1. Declines to cConsents to conclusion of the Protocol;
Amendment 6 #
2012/0229(NLE)
Proposal for a recommendation
Paragraph 2
Paragraph 2
Amendment 95 #
2012/0179(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Union is committed to implement the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep-sea marine ecosystems from the destructive impact of bottom fishing gears, as well as the sustainable exploitation of deep-sea fish stocks.
Amendment 98 #
2012/0179(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The development and adoption of the measures recommended by NEAFC to protect deep water vulnerable marine ecosystems against the adverse effects of bottom fishing gear, in accordance with resolutions 61/105 and 64/72, have been widely supported by the Union, and have been recognised by the General assembly of the United Nations as a very significant step towards achieving the goal of protecting vulnerable marine ecosystems and their biodiversity.
Amendment 100 #
2012/0179(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
Amendment 101 #
2012/0179(COD)
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) FAO guidelines on the management of deep-sea fisheries in the High Seas adopted in 2008, that the Union committed to respect and which define the concrete implementation of resolution 61/105 of the United Nations General Assembly, invite coastal States to apply the principles and methods they contain in their national courts. Given the example provided by the relevance of the measures recommended to the flag States by the NEAFC for waters beyond national jurisdiction, there is no reason for the coastal States in the NEAFC regulated area not to apply these measures in their own waters. It is therefore appropriate to provide that the measures recommended by NEAFC to protect vulnerable marine ecosystems in deep water against the adverse effects of bottom fishing gears shall apply 'mutatis mutandis' in EU waters, instead of any other modality.
Amendment 103 #
2012/0179(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to maintain necessary reductions in fishing capacity achieved so far in deep-sea fisheries, and to focus management measures on the most relevant part of the fleet for deep sea fisheries, it is appropriate to provide that fishing for deep-sea species is subject to a fishing authorisation which limits the capacity of vessels eligible to land deep-sea species. With a viewfish deep-sea species in a targeted manner. It is however necessary that fishing licenses are also delivered for bycatch fishing of deep-sea species, considering that all these fishing activities are likely to focus management measures on the part of the fleet most relevant for deep-sea fisheries, the fishing authorisations should be issued according to target or by- catch fisherycur in areas where deep water vulnerable marine ecosystems may be present, and that they should be protected against the adverse effects that may have these activities, including those using bottom gears. However, the Council and Parliament Regulation (EU) No xxx/2013 from xxx 2013 on the common fisheries policy defines a goal of eliminating discards that also apply to deep-sea species. The novelty of this new requirement should be taken into account so that vessels incidentally capturing deep-sea species and which are not currently subjected to a licensing regime for fishing, are not totally deprived of the opportunity to continue their traditional fishing activities.
Amendment 104 #
2012/0179(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) However, having regard to the principle of relative stability, the right to utilize deep-sea fishing opportunities allocated to Member States who chose to exchange them for different fishing opportunities, must be safeguarded. The right to deploy fishing capacity and fishing effort should therefore be assigned to Member States to which the deep-sea fishing opportunities were originally allocated.
Amendment 108 #
2012/0179(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 115 #
2012/0179(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 124 #
2012/0179(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Moreover, vessels which haveo wish to change gear in order to be able to stay in the fishery should be eligible for receiving financial assistance from the European Fisheries Fund provided that the new gear reduces the impact of fishing on non- commercial species and provided also that the national operational programme allows contributing to such measures.
Amendment 130 #
2012/0179(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Vessels targetfishing deep-sea species with otherin a targeted or accessory manner with bottom gear should not extend their range of operation according to their fishing authorisation within Union waters, unless expansion can be assessed as not carrying a significant risk of negative impact on vulnerable marine ecosystems. Similarly, wherever their area of activity may be, when finding indices of the presence of vulnerable marine ecosystems, they should avoid these locations in the future, pending whether these indices reflect a proved presence of vulnerable marine ecosystems.
Amendment 136 #
2012/0179(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Scientific advice concerning certain fish stocks found in the deep-sea indicates that these stocks are particularly vulnerable to exploitation, and that fishing for these stocks should be limited or reduced as a precautionary measurehowever there have been quantified improvements in some stocks such as the roundnose grenadier, blue ling and black scabbardfish. Fishing opportunities for deep-sea stocks should not go beyond those levels which are scientifically advised as precautionary. In the case of advice being absent for lack of sufficient information about stocks or species, no fishing opportunities should be allocated.
Amendment 139 #
2012/0179(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Regulation (EU) No xxx/2013 from the Council and the European Parliament from xxx 2013 on the common fisheries policy defines the rules which should govern the determination of opportunities in respect of the precautionary principle and aiming at quickly achieving maximum sustainable yield. There is no need to consider different ways from those defined as general, especially in spite of their particularly vulnerability to exploitation, several stocks of deep-water species with a major commercial interest are already recognised by ICES as being operated in accordance with the principle of maximum sustainable yield. The Commission may propose a framework for deep-sea species by-catch through a system of TACs and quotas, if it considers it necessary for their preservation.
Amendment 163 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) ‘deep-sea species’ means the species listed in Annex I and Ia (new);
Amendment 167 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) ‘most vulnerable species’ means the deep-sea species indicated in the third column ‘Most vulnerable (x)’ of the table in Annex Ia (new);
Amendment 177 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. 'existing fishing areas' means fishing areas where fishing operations have been conducted since the entry into force of Council Regulation 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep- sea stocks;
Amendment 179 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. 'new fishing areas' means fishing areas where no previous deep-water fishing operations have been documented
Amendment 180 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
2c. 'exploratory fishing' means fishing operations conducted in new fishing areas;
Amendment 181 #
2012/0179(COD)
Proposal for a regulation
Article 3 – paragraph 2 d (new)
Article 3 – paragraph 2 d (new)
2d. 'fishing vessel' means a Union vessel operating in the waters defined in Article 2 or a third country vessel operating in Union waters;
Amendment 185 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the vessel's master records in the logbook a percentage of deep-seathe species defined in Annex I which is equal or superior to 1025% of the overall catch weight in the fishing daytrip concerned.
Amendment 192 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Fishing activities carried out in Union waters not targeting deep-sea species but catching deep-sea species as a by-catch, carried out by a Union fishing vessel, shall be subject to a fishing authorisation, which shall indicate deep-sea species as by-catch.
Amendment 194 #
2012/0179(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 198 #
2012/0179(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The aggregate fishing capacity measured in gross tonnage and in kilowatt of all fishing vessels holding a fishing authorisation issued by a Member State, allowing the targeted catch of deep-sea species, whether as target or by-catch species, as defined in Article 4 (2) shall at no time exceed the aggregate fishing capacity of vessels of that Member State which have landed 10 tonnes or more of deep-sea species during any of the two calendar years preceding the entry into force of this Regulation2009-2011, whichever year provides the higher figure.
Amendment 203 #
2012/0179(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States which have not utilised deep sea species fishing opportunities during any of the calendar years preceding the entry into force of this regulation, have rights to use one of the fishing vessels to utilise above mentioned fishing opportunities.
Amendment 205 #
2012/0179(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Each application for a fishing authorisation allowing for the catch of deep-sea species whether as target or by- catch specithin areas of existing fishing activities, and for its renewal shall be accompanied by a description of the area where it is intended to conduct fishing activities, the type of gears, the depth range at which the activities will be deployed, and of the individual species targetedrelevant species.
Amendment 214 #
2012/0179(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Procedure for identification of areas of existing fishing activities The Commission shall identify areas of existing fishing activities in line with the provisions of Article 3 of the NEAFC recommendations on regulating bottom fishing, as quoted in Annex 2 a (new) of this Regulation.
Amendment 221 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the locations of the intended activities targeting deep-sea species in the deep-sea métier. The location(s) shall be defined by coordinates in accordance with the World Geodetic System of 1984list the bottom-sea gear that will be used;
Amendment 224 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the locations, if any, of activities in the deep-sea métier during the last three full calendar years. Those location(s) shall be defined by coordinates limit the authorised fishing accordance with the World Geodetic System of 1984 and they shall circumscribe the fishing activities as closely as possible.tivities to existing fishing areas;
Amendment 227 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) provide for the respect of measures currently applying in the NEAFC framework;
Amendment 238 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Any fishing authorisation issued on the basis of an application made in accordance with paragraph 1 shall specify the bottom gear to be used and limit the fishing activities authorised to the area in which the intended fishing activity, as set out in paragraph 1(a), and the existing fishing activity, as set out in paragraph 1(b), overlap. However, the area of the intended fishing activity can be extended beyond the area of the existing fishing activity if the Member State has assessed and documented, based on scientific advice, that such extension would not have significant adverse impaWithout prejudice to Article 7 (1), fishing activities that are to take place in waters defined in paragraph 1 but that are defined as new fishing areas in the meaning of Article 3 paragraph 2b(new) shall be subject to a fishing authorisation. Applications for such authorisations shall include a detailed project for the exploratory fishing activity that follows the NEAFC guidelines outlined in Annex IIa(new). Applications will be accepted if it can be shown that the activity described will have no harmful effects on vulnerable marine ecosystems.
Amendment 242 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 1 (new)
Article 7 – paragraph 2 – point 1 (new)
(1) Applications for fishing authorisations in waters defined at Article 2 point b) shall fulfil the conditions set out in Regulation (EC) No 734/2008 of 15th July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears.
Amendment 243 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 2 (new)
Article 7 – paragraph 2 – point 2 (new)
(2) Existing fishing areas, as defined under article 3 and provisions for identification, as set out in article 6a(new), correspond to: (a) in Union waters: fishing areas for which there is evidence of fishing activity in the period since the entry into force of Council Regulation 2347/2002 of 16th December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep sea stocks. (b) in Union waters under NEAFC jurisdiction: existing fishing zones that are defined and established in the NEAFC framework, as mentioned in Annex IIb(new).
Amendment 244 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 3 (new)
Article 7 – paragraph 2 – point 3 (new)
Amendment 245 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 4 (new)
Article 7 – paragraph 2 – point 4 (new)
(4) In addition to the requirements in paragraph 5, by-catch authorisations, as defined in Article 4 (3) shall require the reporting of all species in Annex I, whether retained or discarded.
Amendment 246 #
2012/0179(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point 5 (new)
Article 7 – paragraph 2 – point 5 (new)
(5) Fishing activities conducted in the framework of fishing authorisations referred to in Article 4 may be subject to the introduction of quantitative limits on the total amount of catches of the species included in Annex Ia (new) if such a limit is necessary
Amendment 251 #
2012/0179(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 269 #
2012/0179(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) where the best scientific information available does not identify exploitation rates corresponding to the precautionary approach to fisheries management due to lack of sufficient data concerning a certain stock or species, nothe fishing opportunities may be allocated for the fisheries concernedfor the relevant fishing management period may not be fixed higher than the rates provided within the ICES approach for data limited stocks.
Amendment 278 #
2012/0179(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Council, acting in accordance with the Treaty, may decide to switching from the fixing of annual fishing opportunities for deep-sea species in terms of both fishing effort limits and catch limits to the fixing of only fishing effort limits for specific fisheries shall be decided in accordance with the Treaty.
Amendment 313 #
2012/0179(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The power to adopt delegated acts as referred to in Article 13 shall be conferred on the Commission for an indeterminateperiod of three years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the three year period. The delegation of power shall be tacitly extended for periods of timean identical duration, unless the European Parliament or the Council oppose such extension no later than three months before the end of each period.
Amendment 318 #
2012/0179(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Special fishing authorisations issued in accordance with Regulation (EC) No 2347/2002 shall remain valid until their replacement by fishing authorisations allowing the catch of deep-sea species issued in accordance with this Regulation, but shall in any case no longer be valid after 30 September 20124.
Amendment 321 #
2012/0179(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 343 #
2012/0179(COD)
Proposal for a regulation
Annex 2 – point 3
Annex 2 – point 3
3. Discards shall be sampled in all deep-sea métiers. The sampling strategy for landings and discards shall cover all the species listed in Annex I and Ia as well as species belonging to the seabed ecosystem such as deep-water corals, sponges or other organisms belonging to the same ecosystem.
Amendment 344 #
2012/0179(COD)
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Annex IIa Identification of existing bottom fishing areas 1. The mapping of existing fishing areas within European Union waters shall be given priority. 2. A preliminary map based on VMS data and other geo reference data presently available with the European Commission and the Member States shall be developed. 3. Member States having vessels involved in bottom fishing activities in the period 2003 to 2013 shall, for the purpose of paragraph 1, submit comprehensive maps of existing fishing areas to the European Commission according to the guidelines set out in annex 3 of the NEAFC recommendation on regulating bottom fishing. 4. The comprehensive map of existing bottom fishing areas referred to in paragraphs 1 and 3 shall be revised regularly to incorporate any relevant information.
Amendment 345 #
2012/0179(COD)
Proposal for a regulation
Annex II b (new)
Annex II b (new)
Annex IIb Bottom fishing activities in new bottom fishing areas 1. Upon entry into force of this regulation, all bottom fishing activities in new bottom fishing areas or with bottom gear not previously used in the area concerned, shall be considered as exploratory fisheries and shall be conducted in accordance with an Exploratory Bottom Fisheries Protocol to be adopted as soon as possible. Until such a protocol is adopted the provision set out in the protocol set out in Annex 1 of the NEAFC recommendation on regulating bottom fishing shall apply. 2. The exploratory bottom fishing activities shall be subject to the assessment procedure set forth in Article 5 of the NEAFC recommendation on regulating bottom fishing, with the understanding that particular care shall be taken in the evaluation of risks of the significant adverse impact on vulnerable marine ecosystems, in line with the precautionary approach. 3. Member States shall communicate the required information under the exploratory fisheries protocol referred to in paragraph 1 to the European Commission, together with the information or preliminary impact assessment referred to in Article 5, paragraph 3 (i), below. 4. Member States shall provide 1 year after entry into force of this Regulation, a report of the results of such activities to the European Commission. 5. Prior to commencing new bottom fishing activities based upon the results of exploratory bottom fisheries conducted in the prior two years, the European Commission shall review the assessments undertaken in accordance with Article 5 below and the results of the fishing protocols implemented by the participating fleets, and shall: (i) Authorise these bottom fishing to proceed and establish conservation and management measures to prevent significant adverse impacts on vulnerable marine ecosystems from individual bottom fishing activities and to ensure the long- term sustainability of deep sea fish stocks, or (ii) not authorize these bottom fishing activities to proceed. 6. Member States shall ensure that vessels flying their flag conducting exploratory fisheries have an observer on board. Observers shall collect data in accordance with a Vulnerable Marine Ecosystem Data Collection Protocol to be adopted as soon as possible. Until such a protocol is adopted, the interim protocol set out in Annex 2 of the NEAFC recommendation on regulating bottom fishing shall apply.
Amendment 19 #
2012/0077(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Scientific data indicate that target mortality rates are no longer appropriate and therefore these rates should be revised in conformity with the best scientific advice available.
Amendment 20 #
2012/0077(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to achieve in an efficient way the targets set out in Regulation (EC) No 1098/2007 and be able to react swiftly to changes in stock conditions or in fishery, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the revision of the minimum fishing mortality rates, when scientific dawith regard to setting periods when fishing with certa indicate that the rates are no lon types of gear appropriate and measures are not sufficient to reach the objectives of the planis allowed in respect of certain geographical areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Amendment 30 #
2012/0077(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) 1098/2007
Article 27
Article 27
Amendment 3 #
2011/2318(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Maintains that the EU should establish a stronger presence in international and regional fisheries organisations; insists on the key role of the Regional Fisheries Management Organisations (RFMOs), and stresses the need to improve their functioning and decision-making; invites the EU to actively promote enhanced compliance by parties with a view to strengthened sustainability; underlines the need to increase the role of Regional Advisory Committees (RACs), which have a substantial practical knowledge of fish and should play an important role in the process of concluding bilateral agreements and a new generation of agreements on sustainable fisheries management.
Amendment 10 #
2011/2318(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reminds that due to the different legislations of many trade EU partners, the issue of rules of origin and its cumulation are controversial and sensitive matters in trade negotiations; therefore calls on the European Commission to pay a specific attention on it and negotiate balanced solutions which do not penalize the EU Fishery sectors
Amendment 23 #
2011/2318(INI)
Motion for a resolution
Recital D
Recital D
D. whereas quotas in RFMOs are primarily based on historical catches, which maintains preferential access for developed countries to global fish stocks;
Amendment 31 #
2011/2318(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is in many cases insufficient data on fish stocks that the EU is fishing, in terms of their status and of total removalcatches by local fleets and other third country fleets;
Amendment 51 #
2011/2318(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the size of the EU market for fish and the geographical range of activities by EU-flagged and EU-owned vessels impose a high level of responsibility on the Union for ensuring that its fisheries' footprint is ecologically sustainable, providing high quality seafood to consumers in Europe and other countries where European fish are marketed, and contributing to theensuring social and economic fabricsustainability of coastal fishing communities both inside the EU and elsewhere;
Amendment 82 #
2011/2318(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to drive forward the global and multilateral agenda promoting sustainable fisheries worldwide, while transforming its dialogues with key countries such as the US, Russia, Japan and China, into effective partnerships to address crucial issues such as the eradication of illegal, unreported and unregulated (IUU) fishing and the strengthening of high seas control and governance;
Amendment 101 #
2011/2318(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that bilateral fisheries agreements, or Sustainable Fisheries Agreements (SFA) as the Commission proposes to call them,Fisheries Partnership Agreements (FPAs) negotiated between partners and equitably implemented, should be of benefit to both parties, providing economic resources, technical and scientific expertise and support for improved fisheries management and good governance to the third country, while allowing the continuation of fishing activities by EU vessels that provide a modest but important supply of fish to the EU and other markets;
Amendment 111 #
2011/2318(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 127 #
2011/2318(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 134 #
2011/2318(INI)
Motion for a resolution
Paragraph 14 – point 1 (new)
Paragraph 14 – point 1 (new)
(1) Encourages the Commission to secure a fair share of the surplus to the European Union as a privileged partner, taking into account the fishing needs of the local flee, avoiding disruption of fishing activities and hence creating conditions discouraging the re-flagging of EU vessels;
Amendment 144 #
2011/2318(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the Commission in its endeavours to obtain complete and reliable data from the coastal State on the total amount of fishingcatches occurring in its waters, so as to prevent over-exploitation;
Amendment 150 #
2011/2318(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reaffirms that EU vessels should not compete with local fishermen for the same resources, hence stressing the need for an accurate calculation of the surplus;
Amendment 155 #
2011/2318(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that the EU must make increased efforts to help provide the coastal States with which it negotiates bilateral agreements with sufficient data and information for reliable stock assessments, and that providing funding for a scientific research vessel in regions where the EU fleet is active would considerably strengthen scientific analyses on fish stocks, which is a prerequisite for any SFPA;
Amendment 160 #
2011/2318(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expresses the wish that targeted scientific and technical cooperation in general should be strengthened in SFAFPAs, e.g. by enhancing the role of the Joint Scientific Committees;
Amendment 212 #
2011/2318(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that RFMOs must develop management systems that provide for an equitable and fair resource allocation based upon transparehistorical catches and taking into account environmental and social criteria, rather than the simplistic criterion of historical catches, while ensuring that management and conservation measures are fully implemented by all members;
Amendment 275 #
2011/2318(INI)
Motion for a resolution
Paragraph 42 – indent 1
Paragraph 42 – indent 1
– be preceded by environmental and social impact assessments with respect to the threat of over-exploitation of resources,
Amendment 60 #
2011/2317(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes Parliament’s decision to develop a much more practical and visible petitions portal on its website, which will facilitate access for citizens to the petitions process, provide them with information and allow them to submit petitions in a more user-friendly environment; considers that this portal should also provide practical links to other forms of redress which are available at European and national or regional level and at the same time set a framework of practices for public administrations based on the CURIA portal, the official portal of ECJ judgments;
Amendment 5 #
2011/2297(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Declares that water is a shared resource of humankind and a public good and therefore should not be a source of profit from trade, and that access to water should constitute a fundamental and universal right; stresses that the sustainable use of water is an environmental and health necessity that plays a fundamental role in the climate regulation cycle; reiterates that ‘the management of water resources should not be subject to internal market rules’ (EP Resolution P5_TA (2004)0183) and invites the European Commission to review the relevant legislation, particularly that on public procurement and concessions, so as to guarantee public ownership and management of water and water utilities, and its proper distribution;
Amendment 33 #
2011/2297(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Draws attention to the existence of certain activities denounced by the petitioners, including waste landfills, agriculture and industry, which produce a great impact on the environment and human health and are responsible for poor water quality; calls therefore for the abandonment of subsidies which undermine incentives for efficient water management by creating overuse, and to free up funds for targeted subsidies – in particular for poor and rural populations – aimed at affordable access for all; and the distribution of water in areas facing shortages, particularly those areas situated at a distance from large urban agglomerations equipped with water infrastructure;
Amendment 46 #
2011/2182(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas a number of petitions are tabled by people with disabilities, who everyday encounter many barriers preventing them from benefiting from EU citizens rights, i.e. normal use of the education system, access to insurance or lack of public transport facilities and draws attention to the need of a coherent system in the EU determining the degree of disability, the lack of which can frequently lead to social exclusion;
Amendment 95 #
2011/2182(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Repeats its previous calls to the Member States to ensure freedom of movement for all EU citizens and their families, without discrimination on grounds of their sexual orientation or nationality9 ; repeats its call to Member States to implement fully the rights granted under Articles 2 and 3 of Directive 2004/38/EC not only to different- sex spouses, but also to the registered partner, member of the household or partner with whom an EU citizen has a duly attested, stable relationship, including members of same-sex couples, on the basis of the principles of mutual recognition, equality, non-discrimination, dignity and respect for private and family life; in that connection, calls on the Commission to ensure that the directive is strictly applied, drawing on the analysis and conclusions contained in the reports of the European Union Agency for Fundamental Rights, and to monitor these issues;
Amendment 104 #
2011/2182(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to pay more attention and respond more precisely to the numerous petitions received on the mutual recognition of civil-status documents and of their effects10 and therefore highlights the importance of making progress as quickly as possible towards ensuring the mutual recognition of the status of same- sex marriages and same-sex and different- sex recognised partnerships across the EUin the Member States that recognize such unions and overcoming discrimination on the grounds of sexual orientation or type of relationship (civil partnership or marriage); calls on the Commission, further, to put forward appropriate legislative proposals as a matter of urgency;
Amendment 138 #
2011/2182(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Stresses that the public authorities have a duty to identify, and eliminate, obstacles and barriers restricting access by the disabled to benefit from EU citizens rights i.e. facilities and services available to the public at large, including transport, public institutions and places, public education and information, using means of communication appropriate to the type of disability concerned and without delays or extra costs
Amendment 336 #
2011/2107(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for consolidation of multidisciplinary research and recognition of the social dimension of research; in this context, recalls that great societal challenges (such as climate change, demographic ageing andchange, resources sustainability and energy security) and sector-specific challenges (including agriculture and fisheries) cannot be dealt with only through technological responses and that therefore European research in social sciences and humanities is a pivotal asset in successfully addressing them; points out that financial resources specifically earmarked for research in the relevant areas are needed in order to address those challenges;
Amendment 21 #
2011/2069(INI)
Draft opinion
Section 1 – paragraph 5 a (new)
Section 1 – paragraph 5 a (new)
Amendment 56 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Staff Regulations
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
9. In Article 29, the following subparagraph shall be added to paragraph 1: While maintaining the principle that the vast majority of officials shall(1), point b should be replaced by the following: (b) whether requests for transfer have been recruited on the basis of open competitions, the appoeived from officials of the same grade in other insting authority may decide, by way of derogation from point (b),tutions, and/or whether to hold a competition internal to the institution, which shall also be open to officials and temporary staff as defined in Article 2 of the Conditions of Employment of other servants of the European Union and to contract staff as defined in Articles 3a and 3b of the Conditions of Employment of Other Servants of the European Union.;
Amendment 182 #
2011/0380(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It is paramount to better integrate environmental concerns into the CFP which should deliver on the objectives and targets of the Union's environmental policy and the Europe 2020 Strategy. The CFP is aimed at an exploitation of living marine biological resources that restores and maintains fish stocks at levels which can produce the maximum sustainable yield, by 2015 wherever possible, and not later than 201520. The CFP shall implement the precautionary and eco- system approaches to fisheries management. Consequently the EMFF should contribute to the protection of the marine environment as set out in the Directive 2008/56/EC of the European Parliament and the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)
Amendment 222 #
2011/0380(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime activities. Therefore, the EMFF should support lifelong learning, vocational training, young people’s access to careers in fishing, co- operation between scientists and fishermen stimulating the dissemination of knowledge as well as for advisory services helping to improve the overall performance and competitiveness of operators.
Amendment 260 #
2011/0380(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) As a resulIn the event of the establishment of systems of transferable fishing concessions envisaged in Article 27 of the [CFP Regulation] and in order to support Member States in the implementation of these new systems, the EMFF should grant support in terms of capacity building and exchange of best practices.
Amendment 313 #
2011/0380(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In line with the discard ban introduced by the CFP, the EMFF should support investments on board aiming at make the best use of unwanted fish caught and valorise underused components of the fish caught. Considering the scarcity of the resources, in order to maximise the value of the fish caught, the EMFF should also support investments on board aiming at adding commercial value to fish caught.
Amendment 484 #
2011/0380(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 6
Article 3 – paragraph 2 – point 6
(6) 'fisherman' means any person engaging in professional fishing, as recognised by the Member State, on board of an operational fishing vessel orrecognised by the Member State who is engaginged in professional harvesting of marine organisms, as recognised by the Member State, without a vesselfishing or aquaculture;
Amendment 592 #
2011/0380(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1 – point b
Article 6 – paragraph 1 – point 1 – point b
(b) diversification of marine fisheries activities into other sectors of maritime economy and growth of maritim, inland fisheries and aquaculture activities into other sectors of the economy, including mitigation of climate changes.
Amendment 705 #
2011/0380(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Measures covered by Title VI with the exception ofunder the Integrated Maritime Policy and the technical assistance under Article 92 shall be financed by the EMFF in accordance with the principle of directshared management between the Member States and the Union.
Amendment 792 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 802 #
2011/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
Amendment 843 #
2011/0380(COD)
Proposal for a regulation
Article 15 – paragraph 6 a (new)
Article 15 – paragraph 6 a (new)
6a. A maximum of 30% of the resources allocated under Article 16 shall be used to fund the Integrated Maritime Policy referred to in Title V Chapter VIII.
Amendment 848 #
2011/0380(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Resources to fund the Integrated Maritime Policy shall not exceed 7% of the EMFF’s total budgetary resources
Amendment 850 #
2011/0380(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a – point i
Article 17 – paragraph 1 – point a – point i
(i) the level of employment in fisheries and aquacultureincluding the units taken out of operation under the FIFG 2004-2006 and the EFF 2007-2013, and aquaculture and processing,
Amendment 854 #
2011/0380(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a – point ii
Article 17 – paragraph 1 – point a – point ii
(ii) the level of production in fisheries and aquaculture, and including the units taken out of operation under the FIFG 2004-2006 and the EFF 2007-2013 and aquaculture and processing
Amendment 865 #
2011/0380(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – point iv
Article 17 – paragraph 1 – point b – point iv
(iv) the available data collection resources compared to the extent of the data collection tasks of the Member State, where available means are approximated to the number of observers at sea and the amount of human resources and technical means needed to implement the national sampling programme for data collection.
Amendment 868 #
2011/0380(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) As regards all measures, the historical allocations and consumption of funds under Council Regulation (EC) No 1198/2006 in the period 2007-2013 and the historical consumption under Council Regulation (EC) No 861/2006..
Amendment 869 #
2011/0380(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) As regards aquaculture measures, historical allocations should be increased in line with the aims of the Common Fisheries Policy to ensure the development of a sustainable and competitive European aquaculture sector, including freshwater aquaculture.
Amendment 1484 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point b
Article 42 – paragraph 1 – point b
(b) in equipment as referred to in Article 367 and under the conditions set out in that Article;
Amendment 1486 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point d
Article 42 – paragraph 1 – point d
(d) on exfisthing ports, shelters and landing sites as referred to in Article 41 and under the conditions set out in that Article.
Amendment 1490 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 1 – point d a (new)
Article 42 – paragraph 1 – point d a (new)
(d a) on investments improving the value or quality of the fish caught as referred to in Article 40 and under the conditions set out in that Article.
Amendment 1492 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1 a. The EMFF may provide support for investments relating to start-up for young fishermen as referred to in Article 32b and under the same conditions as set out in that Article except for the requirement under Article 32b (2)(b).
Amendment 1494 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point a
Article 42 – paragraph 2 – point a
(a) References made in Articles 33, 367, 39 and 3940 to fishing vessels shall be understood as references to vessels operating exclusively in inland water;
Amendment 1496 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point b
Article 42 – paragraph 2 – point b
(b) References made in Article 367 to the marine environment shall be understood as references to the environment in which the inland fishing vessel operates.
Amendment 1499 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. In order to sustain diversification by inland fishermen, the EMFF may support the reassignment of vessels operating indiversification of inland fishing activities to other activities outside fishing under the conditions of Articles 32 and 32a of this Regulation.
Amendment 1502 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. For the purposes of paragraph 3, references made in Article 32 and Article 32a to fishing vessels shall be understood as references to vessels operating exclusively in inland water.
Amendment 1503 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4 a. In order to stimulate innovativeness, competitiveness and environmental sustainability of inland fishing, the EMFF may support the development and facilitation of new innovations under the conditions of Articles 28 and 36 of this Regulation and the advisory services in inland fishing under the conditions of Article 29 of this Regulation. Furthermore, the EMFF may support the networking between scientist and fishermen and promoting of human capital and social dialogue under the conditions of Article 30 and 31 of this regulation, respectively.
Amendment 1505 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
5. In order to protect and develop aquatic fauna and flora, the EMFF may support the participation of inland fishermen in managing, restoring and monitoring NATURA 2000 sites where these areas directly concern fishing activities as well as the rehabilitation of inland waters, including spawning grounds and migration routes for migratory species, without prejudice of Article 38(1)(d).:
Amendment 1507 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 5 – point a (new)
Article 42 – paragraph 5 – point a (new)
(a) the management, restoration and monitoring of inland fisheries areas, including NATURA 2000 sites, which are affected by fishing activities and the rehabilitation of inland waters in line with Directive 60/2000/EU, including spawning grounds and migration routes for migratory species, without prejudice of Article 38(1)(d);
Amendment 1508 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 5 – point b (new)
Article 42 – paragraph 5 – point b (new)
(b) the construction, modernization or installation of static or movable facilities intended to protect and enhance aquatic fauna and flora including their scientific preparation, monitoring and evaluation;
Amendment 1509 #
2011/0380(COD)
Proposal for a regulation
Article 42 – paragraph 5 – point c (new)
Article 42 – paragraph 5 – point c (new)
(c) Investments to improve fish control activities; development and installation of control systems
Amendment 1521 #
2011/0380(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Support under this Chapter shall be limited to aquaculture enterprises unless otherwise expressly established, unless otherwise expressly established, be granted to aquaculture enterprises, including entrepreneurs entering the sector as stipulated in paragraph 2.
Amendment 1528 #
2011/0380(COD)
Proposal for a regulation
Article 44 – paragraph 1 a (new)
Article 44 – paragraph 1 a (new)
1 a. Entrepreneurs entering the sector for the purpose of this Article shall provide a business plan and, where the cost of investments is more than 50,000 euros a feasibility study.
Amendment 1533 #
2011/0380(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Where operations consist of investments in equipment or infrastructure ensuring compliance with requirements on the environment, human or animal health, hygiene or animal welfare under Union law, and entering into force after 2014,support may be granted until the date on which the standards become mandatory for the enterprises.
Amendment 1538 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. In order to stimulate innovation in aquaculture, the EMFF may support operationsprojects aiming at:
Amendment 1541 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) introducing new technical or organisdeveloping technical innovational or knowledge in aquaculture farms whichwhich in particular reduces their impact on the environment or, fosters a more sustainable use of resources, in aquaculturemproves animal welfare, facilitates new sustainable production methods;
Amendment 1547 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) developing or introducing in the market new or substantially improved products compared to the state of art, new aquaculture species with good market potential, new or improved processes, new or improved management and organisation systems.
Amendment 1551 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
Article 45 – paragraph 1 – point b a (new)
(b a) exploring the technical or economic feasibility of innovations, products or processes.
Amendment 1556 #
2011/0380(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Operations under this Article mustshall be carried out by or in collaboration with apublic or private scientific or technical bodyies as recognised by the national law of each Member State which shall validate the results of such operations.
Amendment 1566 #
2011/0380(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Amendment 1572 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. In order to foster forms of aquaculture with high growth potential, the EMFF may support investment in the development of off-shore or non food aquaculture.The EMFF may support:
Amendment 1578 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point a (new)
Article 46 – paragraph 1 – point a (new)
(a) productive investments in aquaculture;
Amendment 1581 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b (new)
Article 46 – paragraph 1 – point b (new)
(b) diversification of aquaculture production and species cultured;
Amendment 1584 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point c (new)
Article 46 – paragraph 1 – point c (new)
(c) modernization of aquaculture units including improvement in working and safety conditions of aquaculture workers;
Amendment 1588 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point d (new)
Article 46 – paragraph 1 – point d (new)
(d) improvements and modernization related to animal health and welfare including the purchase of equipment aiming at protecting the farms from wild predators;
Amendment 1590 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point e (new)
Article 46 – paragraph 1 – point e (new)
(e) reducing negative impact or enhancing positive effects on the environment and increasing resource efficiency;
Amendment 1593 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point f (new)
Article 46 – paragraph 1 – point f (new)
(f) investments in enhancing quality of aquaculture product;.
Amendment 1596 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point g (new)
Article 46 – paragraph 1 – point g (new)
(g) restoration of existing aquaculture ponds or lagoons through removal of silt, or possible measures aimed at the prevention of silt deposit;
Amendment 1598 #
2011/0380(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1 a. Support under paragraph 1 may be given for the increase in production and or modernization of existing aquaculture enterprises or the construction of new ones provided that the development is consistent with the multi annual national strategic plan for the development of Aquaculture.
Amendment 1808 #
2011/0380(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. Support shall only be granted for aquaculture stock insurance contracts or mutual funds which cover economic losses under paragraph 1 exceeding 30% of the average annual production of the aquaculture farmer.
Amendment 1866 #
2011/0380(COD)
Proposal for a regulation
Article 65 – paragraph 1 – point b
Article 65 – paragraph 1 – point b
(b) supporting diversification and job creation in fisheries areas, in particular in other maritime sectors and improving working conditions in fisheries areas;
Amendment 2017 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d a (new)
Article 72 – paragraph 1 – point d a (new)
d a) for the improvement of working conditions;
Amendment 2025 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d b (new)
Article 72 – paragraph 1 – point d b (new)
d b) for the improvement and monitoring of public health, hygiene conditions or product quality;
Amendment 2031 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d c (new)
Article 72 – paragraph 1 – point d c (new)
d c) for the production of high-quality products for niche markets;
Amendment 2035 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d d (new)
Article 72 – paragraph 1 – point d d (new)
d d) for the production or placing on the market of new products, the use of new technologies or the development of innovative production methods;
Amendment 2038 #
2011/0380(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point d e (new)
Article 72 – paragraph 1 – point d e (new)
d e) placing on the market of products sourced mainly from local landings and local aquaculture.
Amendment 2122 #
2011/0380(COD)
Proposal for a regulation
Article 79 a (new)
Article 79 a (new)
Article 79a Specific objectives 1. The aim of the funding provided for under this Chapter shall be to support the development and implementation of the Integrated Maritime Policy, including: (a) integrated maritime surveillance (IMS), in particular the development of the Common Information Sharing Environment (CISE), (b) promoting the protection of the marine environment, in particular its biodiversity and protected marine areas such as Natura 2000 areas, beyond what is stipulated in Article 35, and the sustainable use of marine and coastal resources, and specifying the limits of sustainable human activities which affect the marine environment in line with the Marine Strategy Framework Directive; (c ) marine spatial planning and integrated coastal zone management; (d) promoting an integrated approach to maritime affairs and increased awareness of maritime affairs among the public, public bodies and the private sector. 2. The modification of an operational programme shall not result in any changes to the allocation of resources referred to in Article 15(7)
Amendment 2124 #
2011/0380(COD)
Proposal for a regulation
Article 79 b (new)
Article 79 b (new)
Amendment 2200 #
2011/0380(COD)
Proposal for a regulation
Article 92 – paragraph 1 – point b
Article 92 – paragraph 1 – point b
(b) the establishment of national networks aiming at disseminating information, capacity building, exchanging best practice and supporting cooperation between the FLAGs in their territory.
Amendment 2201 #
2011/0380(COD)
Proposal for a regulation
Article 92 – paragraph 3
Article 92 – paragraph 3
Amendment 2222 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 1
Article 95 – paragraph 1
1. Member States shallmay apply a maximum intensity of public aid of 50% of the total eligible expenditure of the operation.
Amendment 2224 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 2 – introductory part
Article 95 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, Member States shallmay apply an intensity of public aid of 100% of the eligible public expenditure of the operation where::
Amendment 2230 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 2 – point d a (new)
Article 95 – paragraph 2 – point d a (new)
(da) the operation is related to premiums under Article 33A, or Article 33B and compensations under Article 53, 54 or 55.
Amendment 2233 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 2 – point d b (new)
Article 95 – paragraph 2 – point d b (new)
(db) the operation is related to the integrated maritime policy measures referred to in Article 79 ter.
Amendment 2236 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 3 – introductory part
Article 95 – paragraph 3 – introductory part
3. By way of derogation from paragraph 1, Member States may apply an intensity of public aid between 50% and maximum 100% of the total eligible expenditure when the operation is implemented under Chapter III, II and IV of Title V and fulfils oneall of the following criteria:
Amendment 2237 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 3 – point b
Article 95 – paragraph 3 – point b
Amendment 2238 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 3 – point c
Article 95 – paragraph 3 – point c
(c) public access to the results of the operation; according to Article 143.
Amendment 2239 #
2011/0380(COD)
Proposal for a regulation
Article 95 – paragraph 3 – point d
Article 95 – paragraph 3 – point d
Amendment 2447 #
2011/0380(COD)
Proposal for a regulation
Article 98 - paragraph 2- subparagraph 2
Article 98 - paragraph 2- subparagraph 2
Amendment 2448 #
2011/0380(COD)
Proposal for a regulation
Article 100 - paragraph 1
Article 100 - paragraph 1
1. In addition to Article 135 of [Regulation (EU) No [...] laying down Common Provisions], the Member States shall in the first instance be responsible also for investigatcarry out the financial corrections required ing the cases of non-compliance with rules applicable under the Common Fisheries Policyevent of failure to comply with the provisions of Article 98.
Amendment 2450 #
2011/0380(COD)
2. For the cases of financial corrections applied on expenditure directly linked to the non-compliance with Article 98, tThe Member States shall decide the amount of a correction taking into account the gravity of the non compliance by the beneficiary with CFP rules, the economic advantage derived from the non- compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiary.
Amendment 2452 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 1
Article 102 - paragraph 1
1. In addition to Article 134 of [Regulation (EU) No [...] laying down Common Provisions], the Commission may suspend, by means of an implementing act, all or part of the interim payments of the operational programme where the Commission has adopted a decision by means of an implementing act recognisingit has been ascertained that a Member State has failed to comply with its obligations under the Common Fisheries Policy. Such non compliance shall be liable to affect the expenditure contained in a certified statement of expenditure for which the interim payment is requested.
Amendment 2455 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 2
Article 102 - paragraph 2
Amendment 2457 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 2 a (new)
Article 102 - paragraph 2 a (new)
2a. The maximum duration of the suspension referred to in paragraph 1 shall be 18 months, provided that there is evidence that: a) a failure to comply with the provisions of the Common Fisheries Policy, particularly as regards the conservation and management of fisheries resources or the adaptation of the fishing fleet, is having an impact or may have an impact on the effectiveness of the measures being financed; b) such a failure is directly ascribable to the relevant Member State; and c) such a failure could result in a serious threat to the conservation of living aquatic resources or to the effective functioning of the Community control and enforcement system; and provided that the Commission, on the basis of the available information, and – where appropriate – having examined the explanations given by the Member State in question, asserts that the Member State has not taken sufficient steps to remedy this state of affairs and will be unable to do so in the near future.
Amendment 2458 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 2 b (new)
Article 102 - paragraph 2 b (new)
Amendment 2459 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 2 c (new)
Article 102 - paragraph 2 c (new)
2c. If the Member State fails to respond to the letter referred to in paragraph 3 within a time frame established in accordance with that paragraph, the Commission may adopt a decision as referred to in paragraph 2 on the basis of the information available at that time.
Amendment 2460 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 2 d (new)
Article 102 - paragraph 2 d (new)
2d. The share of payments that may be suspended shall be proportionate to the character and significance of the Member State’s violation of the provisions on conservation, control, inspection or enforcement, as well as to the gravity of the threat to the conservation of living aquatic resources or to the effective functioning of the Community control and enforcement system. It shall also take account of the degree to which the violation has an impact, or could have an impact, on the effectiveness of the measures being financed. It shall take into account, and be limited by, the relative share of the fishery and fishery- related activities, to which non- compliance relates, within the measures financed by the financial assistance referred to in paragraph 2.
Amendment 2461 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 2 e (new)
Article 102 - paragraph 2 e (new)
2e. Decisions under this Article shall be taken with due regard to all relevant circumstances and in such a way that a real economic link exists between the subject matter of the compliance failure and the measure to which the suspended payment or cancelled Community financial assistance relates.
Amendment 2462 #
2011/0380(COD)
Proposal for a regulation
Article 102 - paragraph 2 f (new)
Article 102 - paragraph 2 f (new)
2f. A suspension shall be discontinued if the conditions laid down in paragraph 2 are no longer met.
Amendment 2463 #
2011/0380(COD)
Proposal for a regulation
Article 103 - paragraph 1
Article 103 - paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 127 defining the cases of non compliance referred to in Article 101 and 102(1), including listing the relevant the provisions of the CFP which are essential to the conservation of marine biological resources. Interruption or suspension resulting from these cases shall be proportionate to the nature, extent, duration and repetition of the non- compliance.
Amendment 2465 #
2011/0380(COD)
Proposal for a regulation
Article 106 - paragraph 1 - introduction
Article 106 - paragraph 1 - introduction
1. In addition to the cases identified in Articles 20(4) and, 77 and 136(1) of the Regulation [on Common Provisions], the Commission shall, by means of implementing acts, make financial corrections by cancelling all or part of the Union contribution to an operational programme where, after carrying out the necessary examination, it concludes that:.
Amendment 2466 #
2011/0380(COD)
Proposal for a regulation
Article 106 - paragraph 1 - point a
Article 106 - paragraph 1 - point a
Amendment 2468 #
2011/0380(COD)
Proposal for a regulation
Article 106 - paragraph 1 - point b
Article 106 - paragraph 1 - point b
Amendment 2470 #
2011/0380(COD)
Proposal for a regulation
Article 106 - paragraph 2
Article 106 - paragraph 2
2. For the cases under paragraph 1(ab) in case of relating to non compliance with Article 98, and under paragraph 1(bd), the Commission shall base its financial corrections only on the expenditure directly linked to the non-compliance with CFP rules. The Commission shall decide the amount of a correction taking into account the gravity of the non compliance by the Member StateWhere, during the period of suspension referred to in Article 102, the Member State concerned fails to demonstrate that it has taken remedial action to ensure compliance with and the enforcement of applicable rules or that there is no serious risk that the future effective operation of the Community control and enforcement system will be impaired, the Commission may cancel all or part orf the beneficiary with CFP rules, the economic advantage derived from the non-compliance with CFP rules or the importance of the EMFF contribution to the economic activity of the beneficiaryCommunity financial assistance the payment of which was suspended pursuant to Article 102. Such a cancellation shall only be made after the payment in question has been suspended for at least 12 months.
Amendment 2471 #
2011/0380(COD)
Proposal for a regulation
Article 106 - paragraph 3
Article 106 - paragraph 3
3. WThen it is not possible to quantify precisely the amount of expenditure linked to non-compliance with CFP rules by the Member State, the Commission shall apply a Commission shall be empowered to adopt delegated acts under Article 127 in order to establish the criteria to set the level of financial correction to be applied in case of flat rate or extrapolated financial correction according to paragraph 4 (a)s with regard to the relevant CFP rules.
Amendment 2472 #
2011/0380(COD)
Proposal for a regulation
Article 106 - paragraph 4
Article 106 - paragraph 4
Amendment 2473 #
Amendment 20 #
2011/0344(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) EU Citizens should be able to exercise fully the rights deriving from the citizenship of the Union. They should be able to exercise their right to move and reside freely in the Union, their right to vote for and stand as a candidate in European Parliament and municipal elections, their right to consular protection and their right to petition the European Parliament. They should feel at ease about living, travelling and working in another Member State, trusting that their rights are protected, no matter where in the Union they happen to be.
Amendment 22 #
2011/0344(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) EU Citizens and businesses should also benefit fully from the internal market. Consumers should be able to enjoy the rights deriving from the consumer legislation and businesses should be supported to exercise the freedom to conduct business in the internal market. The development of contract and consumer legislative instruments provides practical solutions for businesses and consumers to address cross-border problems, aiming to offer them more choices and to make it less costly for them to conclude contracts with partners in another Member State, while providing a high level of consumer protection.
Amendment 33 #
2011/0344(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) to promote the effective implementation of the principles of non discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly as well as to combat all forms of extremism;
Amendment 39 #
2011/0344(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. to focus on better and adequately funded communication both at national and local level.
Amendment 40 #
2011/0344(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. to identify and eliminate obstacles and barriers restricting access by the disabled to benefit from EU citizens rights.
Amendment 41 #
2011/0302(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Experience with the current financial framework shows that many Member States, which are eligible to the Cohesion Fund, are facing significant obstacles in delivering on time complex cross-border transport infrastructure projects with a high Union added value. Therefore, in order to improve the delivery of transport projects, in particular cross-border ones, with a high Union added value, part of the Cohesion Fund allocation (EUR 10 billion) should be transferred to finance transport projects on the transport core network in the Member States eligible to the Cohesion Fund under the Connecting Europe Facilityrespecting national allocations for the projects listed in the Annex of this Regulation. The Commission should support Member States eligible to the Cohesion Fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the Cohesion Fund.
Amendment 80 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) transport: EUR 31 694 000 000, out of which EUR 10 000 000 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation in Member States eligible for funding from the Cohesion Fundfor projects listed in the Annex to this Regulation, respecting the national allocations;
Amendment 45 #
2011/0217(COD)
Proposal for a decision
Recital 21 a (new)
Recital 21 a (new)
(21 a) In the context of the planned European Year of Citizens (2013), appropriate measures should also be taken to prevent and condemn all forms of intolerance, discrimination, humiliation and xenophobia affecting citizens who exercise their right to free movement and who travel, settle and work in the Union.
Amendment 64 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 3 a (new)
Article 2 – paragraph 2 – indent 3 a (new)
- to raise Unions citizens' and authorities' awareness on the appropriate measures to prevent and condemn all forms of intolerance, discrimination, humiliation and xenophobia affecting citizens who exercise their right to free movement and who travel, settle and work in the Union; to encourage the defence of fundamental rights, freedoms and European values and combat all forms of extremisms, as well as for the European Commission, as a guardian of the Treaties, to intervene in the circumstances where such situations occur in order to prevent the division of the European citizens into two categories.
Amendment 27 #
2011/0206(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Implementation Plan agreed by the World Summit on Sustainable Development at Johannesburg in 2002 states that all commercial stocks for which it is possible to do so should be restored to levels that can produce maximum sustainable yield by 2015. ICES deems, on the basis of the real prerequisites for sustainable growth, that for the Baltic salmon river stocks this level corresponds to a smolt production level between 60% and 75 % of the potential smolt production capacity for the different wild salmon rivers. Such scientific advice should constitute the basis for setting the objectives and targets of the multiannual plan. In duly justified cases, consideration could be given to setting higher target production levels for individual rivers.
Amendment 32 #
2011/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Scientific advice states that inappropriate stocking procedures may have significant implications on the genetic diversity of the Baltic salmon stock and that t. There is a also risk that the large number of reared fish released to the Baltic Sea every year iscould affecting the genetic integrity of the wild salmon and should be phased out. Tpopulations. In view of this, stocking should be subject to tighter controls. Furtherefmore, the condition of releases should be established in this multiannual plans governing the sourcing of genetic material for the breeding and rearing of salmon stocking material, as well as the conditions governing stocking procedures, should be established in this multiannual plan, in order to ensure that stocking does not have an adverse effect on genetic diversity.
Amendment 34 #
2011/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) However, since releases of salmon may be aother than stocking and direct present mandatory in certain Member States and in order to give Member States time to adjust to these requirements, releases of salmon other than stocking and direct restocking should remain allowed during a transitional period of seven years following the entry into force of this Regulationtocking should not continue to be allowed for more than 10 years if, by the end of that period, wild smolt production has reached 80% of the potential smolt production capacity in a given river. If that target is not reached, releases of salmon other than stocking and direct restocking may continue for a further 10 years once the Member State concerned has analysed and removed the causes of the failure to reach it. Releases of salmon may be at present mandatory in certain Member States and the Member States need to be given time to adjust to these requirements.
Amendment 36 #
2011/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A substantial part of the coastal vessels fishing for salmon are below 10 m in length. For this reason tThe use of fishing logbooks as requested by Article 14 and prior notification as requested by Article 17 of Regulation (EC) 1224/2009 should be extended to cover all vesselsmandatory for vessels over 8 m in length.
Amendment 38 #
2011/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To ensure that salmon catches are not misreported as sea trout and hence escape proper control, it is necessary to extendvessels over 8 m in length retaining on board sea trout should be subject to the obligation to submit prior notifications in accordance with Article 17 of Regulation (EC) 1224/2009 also to all vessels retaining on board sea trout.
Amendment 44 #
2011/0206(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. For wild salmon rivers which have reached 50% of the potential smolt production capacity by the time of the entry into force of this Regulation, the wild smolt production shall reach 75% of the potential smolt production capacity for each river in fiveten years after the entry into force of this regulation.
Amendment 46 #
2011/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. For wild salmon rivers which have not reached 50% of the potential smolt production capacity by the time of the entry into force of this Regulation, the wild smolt production shall reach 50% of the potential smolt production capacity for each river in fiveten years, wherever possible, and 75% in tfifteen years after the entry into force of this regulation.
Amendment 48 #
2011/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. After tfifteen years from the entry into force of this regulation, the wild salmon smolt production shall be maintained at a level of at least 75% of the potential smolt production capacity in each wild salmon river.
Amendment 52 #
2011/0206(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Stocking shall be conducted in a way that safeguards the genetic diversity of the different salmon river stocks taking into account existing fish communities in the stocked river and in neighbouring rivers while maximising the effect of stocking. Smolt shall originate from the nearest possible wild salmon river.
Amendment 52 #
2011/0206(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall assessEach Member State shall report to the Commission, initially every threeird years the compatibility and effectiveness of measures taken by Member States pursuant to this Article on the basis of the objectives and targets set out in Articles 4 and 5, with the first report to be presented by 30 June 2015. The frequency of reporting shall decrease to once every sixth year, after the first three tri-annual reports have been submitted.
Amendment 53 #
2011/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The annual TAC for the salmon stocks at sea shall not exceed the level corresponding to a fishing mortality rate of 0.125.
Amendment 56 #
2011/0206(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
da) smolt originates from the nearest possible wild salmon river.
Amendment 62 #
2011/0206(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Smolts for stocking shall be marked by clipping their adipose fins.
Amendment 63 #
2011/0206(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
Amendment 66 #
2011/0206(COD)
Proposal for a regulation
Article 21 – point b
Article 21 – point b
b) compliance with the rules on quota uptake, activity authorisation and catch declaration by service vessels and recreational fisheries using all types of gear;
Amendment 69 #
2011/0206(COD)
Proposal for a regulation
Article 16
Article 16
By way of derogation from Article 14 of Regulation 1224/2009 masters of European Union fishing vessels of allver 8 m in length holding a fishing authorisation for salmon shall keep a logbook of their operations in accordance with the rules set in Article 14 of Regulation (EC) No 1224/2009.
Amendment 71 #
2011/0206(COD)
Proposal for a regulation
Article 17
Article 17
By way of derogation from the introductory sentence of Article 17(1) of Regulation 1224/2009, masters of European Union fishing vessels of allver 8 m in length retaining salmon and/or sea trout on board shall notify the competent authorities of their flag Member State immediately after the completion of the fishing operationat least one hour before entering port of the information listed in Article 17(1) of Regulation 1224/2009.
Amendment 78 #
2011/0206(COD)
Proposal for a regulation
Article 20
Article 20
Member States concerned shall verify the accuracy of the information recorded in the catch declarations by landing inspections. Such landing inspections shall cover a minimum of 120% inspection of the total number of landings
Amendment 84 #
2011/0206(COD)
Proposal for a regulation
Article 24
Article 24
The Commission shall, on the basis of the reporting by Member States as referred to in Article 23 of this Regulation and on the basis of scientific advice, evaluate the impact of the management measures on the Baltic salmon stock and on the fisheries exploiting that stock in the year following that in which it receives the Member States reports. The Commission shall take into account the evaluation of the ban on the use of driftnets.
Amendment 625 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2
Part 1 – article 2 – paragraph 2
2. The Common Fisheries Policy shall apply the precautionary approachprinciple to fisheries management, and shall aim to ensure, by 2015 where possible and by 2020 at the latest, that exploitation of living marine biological resources restores and maintains populations of harvested species abovt least at the levels which can produce the maximum sustainable yield.
Amendment 662 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 4
Part 1 – article 2 – paragraph 4
4. The Common Fisheries Policy shall integratebe coherent with the Union environmental legislation requirementand with other Union policies.
Amendment 707 #
2011/0195(COD)
Proposal for a regulation
Part 1 – article 3 – paragraph 1 – point b
Part 1 – article 3 – paragraph 1 – point b
(b) provide conditions for efficient fishing activities within an economically viable and competitive fishing industry, bearing in mind the role of small-scale fisheries in preserving the social fabric of coastal areas;
Amendment 1106 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 7 a (new)
Part 3 – article 7 a (new)
Article 7 a Establishment of fish stock recovery areas 1. Member States shall establish, by 2020, fish stock recovery areas in which all or certain fishing activities are prohibited 2. Member States shall establish areas referred to in paragraph 1 on the basis of best scientific advice available with regard to i.a. nursery and spawning grounds for fish stocks targeted by fishing activities to be prohibited and shall notify the Commission of these areas. 3. If a fishing vessel is transiting through a fish stock recovery area, it shall ensure that all gears carried on board that are used for fishing for the species to which the recovery area applies are lashed and stowed, during the transit. 4. Member States having a direct fishing interest in the areas to be affected by measures referred to in paragraph 1 shall cooperate with one another in accordance with Article 21 paragraph 1a[1]. Any of such Member States may request that measures referred to in paragraph 1 are adopted by the Commission. 5. When acting upon the request referred to in paragraph 8, the Commission shall receive from the requesting Member State and other Member States having a direct fishing interest all relevant information on the measures required, including rationale, scientific data and detail on practical implementation. The Commission shall adopt the measures taking into account any relevant scientific advice available to it
Amendment 1387 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 12 – paragraph 1 a (new)
Part 3 – article 12 – paragraph 1 a (new)
1a. Member States are authorized to adopt measures applicable to waters under their sovereignty and jurisdiction that are necessary to comply with their obligations under the relevant Union law concerning the protection of the marine environment. Such measures shall be compatible with the objectives set out in Article 2 and no less stringent than the existing Union legislation.
Amendment 1389 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 12 – paragraph 1 b (new)
Part 3 – article 12 – paragraph 1 b (new)
1b. Member States having a direct fishing interest in the areas to be affected by measures referred to in paragraph 1 shall cooperate with one another in accordance with Article 21 paragraph 1a[1]. Any of such Member States may request that measures referred to in paragraph 1 are adopted by the Commission.
Amendment 1390 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 12 – paragraph 1 c (new)
Part 3 – article 12 – paragraph 1 c (new)
1c. When acting upon the request referred to in paragraph 2, the Commission shall receive from the requesting Member State and other Member States having a direct fishing interest all relevant information on the measures required, including rationale, scientific data and detail on practical implementation. The Commission shall adopt the measures taking into account any relevant scientific advice available to it.
Amendment 1391 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 12 – paragraph 1 d (new)
Part 3 – article 12 – paragraph 1 d (new)
1d. The Union shall take measures to reduce the possible negative social and economic consequences of adopting measures referred to in paragraph 1.
Amendment 1543 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 2
Part 3 – article 15 – paragraph 2
2. Minimum conservation reference sizes based on the best available scientific advice shall be established for the fish stocks set out in paragraph 1. The first sales of catches of such fish stocks below the minimum conservation reference size shall be restricted for reduction to fish meal or pet food onlysubject to a levy, which shall be calculated by Member States in accordance with the relevant provisions of their national laws, in such way as to assure that it effectively deprives the operators from any economic benefit derived from such sales. The proceeds collected from such levy shall be used for the benefit of improving scientific advice for fisheries.
Amendment 1568 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 15 – paragraph 4
Part 3 – article 15 – paragraph 4
4. Member States shall ensure that Union fishing vessels flying their flag are equipped to ensure full documentaan adequate level of control and inspection of all fishing and processing activities for the purpose of monitoring compliance with the obligation to land all catches.
Amendment 1619 #
2011/0195(COD)
Proposal for a regulation
Part 3 – article 16 – paragraph 3 a (new)
Part 3 – article 16 – paragraph 3 a (new)
3a. Each Member State shall decide, for vessels flying its flag, on the method of allocating the fishing opportunities assigned to that Member State in accordance with Community law. It shall inform the Commission of the allocation method.
Amendment 161 #
2011/0194(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b – indent 3
Article 8 – paragraph 1 – point b – indent 3
– distributing landed products free of charge to philanthropic or charitable purposes.
Amendment 281 #
2011/0194(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1(a) a fishery producer organisation is deemed representative where it accounts for at least 645 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules
Amendment 282 #
2011/0194(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 287 #
2011/0194(COD)
Proposal for a regulation
Article 26 – paragraph 4a (new)
Article 26 – paragraph 4a (new)
4a. The provisions of this article shall not apply to aquaculture producer organisations.
Amendment 465 #
2011/0194(COD)
Proposal for a regulation
Annex II – Description of the goods
Annex II – Description of the goods
European sprat (Sprattus sprattus)
Amendment 5 #
2010/2272(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the petitioners refer to problems relating to the schooling of disabled children, access to insurance, aencounter many barriers to normal use of the education system and access to insurance, and draws attention to the lack of public transport facilities and infrastructure and the lack of harmonisation within the EU of the scales used to determine the degree of disability, which can frequently lead to social exclusion;
Amendment 16 #
2010/2272(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses the importance of giving people wiat the public authorities have a duty to identify and eliminate obstacles and barriers restricting access by the disabilities access to the physical environment, transport, and informaled to facilities and services available to the public at large, including transport, public institutions and communication technologiesplaces, public education and information, usince accessibility isg means of communication a pprerequisite for participation in society and in the economyopriate to the type of disability concerned and without delays or extra costs;
Amendment 1 #
2010/0042(NLE)
1a. Requests the Council and the Commission to set up, before negotiations are opened relating to the revision of provisions in the framework of the Regional Fisheries organisations to be carried out by the EU, the schemes necessary to ensure the appropriate participation by the Parliament's observers therein;
Amendment 1 #
2009/2238(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that fish is a natural resource which, under proper management, can be renewable and provide both food and jobs around the world, but that overfishing has led to and needs to be sustained in order to avoid depletion of fish stocks and hardship in coastal communities; recognises that international trade has often led to overfishing as countries seek to export their natural resources, as for example in the case of bluefin tuna;
Amendment 8 #
2009/2238(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to develop and promote environmental, social and humanitarian criteria to apply to all fish on the EU market, whether domestic products or imports,continue to develop a policy aiming at promoting high level social and environmental standards in multilateral and bilateral level which wshould encourage an improvement in global standards and thus help to promote sustainability and alleviate povertysustainability and help poverty alleviation;
Amendment 13 #
2009/2238(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that fish should not be treated like any other industrial product, but need to be subject to specific WTO trade rules applying to sensitive products, allowing the establishment of safeguards, export limits and controls, and import quota and controls;
Amendment 16 #
2009/2238(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to takeexamine the possibilities of taking initiatives in the WTO and the FAO to evaluate the desirability of fisheries products no longer being subject to the industrial NAMA rules, in order to facilitate the alignment of trade in fisheries products with the requirements that typically apply to food and sensitive products;
Amendment 19 #
2009/2238(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the need for all imports to meet the same health standards as fish caught by EU fleetsrequired for fishery products produced within the European Union;
Amendment 40 #
2009/2214(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that three EU Member States are Arctic States, acknowledges that the EU has no Arctic Ocean coastline, but reaffirms the legitimate interest of the EU as a stakeholder by virtue of its rights and obligations under international law, its commitment to environmental, climate and other policies and its funding, research activities and economic interests, including shipping and the exploitation of natural resources;
Amendment 80 #
2009/2214(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges that the EU, like other developed areas of the world, may contributes to climate change and hence bears special responsibility;
Amendment 163 #
2009/2214(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Emphasises that, in order to objectively determine the nature and rate of the changes occurring in the natural environment of the Arctic, it is vital that international teams of scientists be given full access to carry out research in this particularly sensitive area of our planet; points out that the EU is stepping up its presence and involvement, particularly in the European sector of the Arctic, by building joint infrastructure for research and increasing the number of research programmes carried out in the Arctic; takes the view that these activities could be developed further by setting up research teams made up of scientists from many different fields and representing all the countries involved; takes the view that this research should be open and not restricted along territorial or national lines, because it is in the interests of and for use by the international community as a whole;
Amendment 166 #
2009/2214(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Requests the Commission to put forward proposals as to how the Galileo Project or projects that have an impact on the Arctic could be developed to enable safer and faster navigation in Arctic waters, thus investing in the safety and accessibility of the North-East Passage in particular, to contribute to better predictability of ice movements as well as to better mapping of the Arctic seabed, better mapping of the Arctic seabed and an understanding of the main geodynamic processes in the area, which are of major importance for the geodynamics of the Earth, for the water cycle in polar regions and in order to enhance our knowledge of unique ecosystems;
Amendment 126 #
2009/2107(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to propose specific sustainable criteria in relation to the well- being of farmed fish, such as maximum levels of farming density, the quantity of vegetable and animal proteins that can be used in feedstuffs on fish farms, and which take into account the specific factors relating to the farming of individual species, the nutritional requirements of the fish species farmed, the phases in their life cycle and the environmental conditions that can help to bring about better living conditions for the fish, and to promote transportation and slaughter practices which limit sources of stress, and the changing of water in fish ponds in such a way as to guarantee the well-being of the fish being farmed there;