108 Amendments of Janusz ZEMKE

Proposal for a regulation
Recital 6

(6) Urban, suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, suburban and regional rail passenger services ~~which are not cross- border services within the Union from certain provisions on passengers' rights~~, since less sustainable road services competing with rail enjoy similar derogations under Article 2 of Regulation 181/2011 on rights of passengers in bus and coach transport, namely for services under 250 km.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Recital 13

(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys ~~as much as possible, in particular by allowing the carriage of bicycles on board train~~where possible, and in accordance with operational and safety requirements.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a

(a) urban, suburban and regional rail passenger services as referred to in Directive 2012/34/EU~~, except cross-border services within the Union~~;

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) international rail passenger services of which a significant part, including at least one scheduled station stop, is operated outside the Union~~, provided that passengers’ rights are adequately ensured under relevant national law on the territory of the Member State granting the exemption~~. The relevant Member States shall make all reasonable efforts to encourage non-Union carriers to apply Union passengers’ rights standards.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)

(ba) domestic rail passenger services where such exemption was granted in line with article 2(4) of Regulation (EC) No 1371/2007.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 2 – paragraph 4

4. Articles 5, 10, 11, 20, 21(1) and 25 and Chapter V shall apply to all rail passenger services referred to in paragraph 1, including services exempted in accordance with points (a) ~~and (b)~~ of paragraph 2.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13

(13) ‘delay’ means the time difference between the ~~time the passenger was scheduled to arrive in accordance with the published timetable and the time of his or her actual or expected arrival at the final station of destination ;~~arrival scheduled in the timetable and real-time arrival at destination. Alterations to the timetable which are announced to passengers at least 48 hours in advance shall not be defined as delays.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 10 – paragraph 6

6. Where a passenger receives separate tickets for a ~~single~~ journey comprising successive railway services operated by one or more railway undertakings, h~~is rights to information, assistance, care~~ e or she shall be considered as having as mandy co~~mpensation shall be equivalent to those under a through-ticket and cove~~ntracts of transport as tickets, if he or tshe w~~hole journey from the departure to the final destination, unless the pass~~as informed of such fact, through the applicable genger ~~is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based~~al conditions of transport or any other adequate means as chosen by the carrier, and if he or she was made aware by the carrier or by the ticket vendor or the tour operator on behalf onf the ~~total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor~~carrier, of the concrete consequences regarding his rights to information, assistance and compensation in case of a delay.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 17 – paragraph 5

5. ~~The compensation of the ticket price shall be paid within one month after the submission of the request for compensation.~~ The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger. The complaint procedure is governed by Article 28 of this Regulation.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 17 – paragraph 8

8. A railway undertaking shall not be obliged to pay compensation if it can prove that the delay ~~was caused by severe weather condi~~or cancellation was due to one of the following causes: (a) circumstances not connected with the operations o~~r major natural disasters endangering the safe operation of the service and~~f the railway which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not avoid and the consequences of which he was unable to prevent; (b) fault on the part of the passenger; or (c) the behaviour of a third party which the carrier, in spite of having taken the care required in the particular circumstances of the case, could not hav~~e been foreseen or prevented even if all reasonable measures had been taken~~oid and the consequences of which he was unable to prevent; another undertaking using the same railway infrastructure shall not be considered as a third party; the right of recourse shall not be affected.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)

2a. Member States may provide for a derogation from paragraph 1 in the case of persons travelling on services which are the subject of a public service contract awarded in conformity with Union law, on condition that the competent authority has put in place alternative facilities or arrangements guaranteeing an equivalent or higher level of accessibility of transport services.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a

(a) assistance in staffed stations shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is needed. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey; Member States and competent authorities shall ensure that major stations provide the necessary assistance services to reduce the above-mentioned notification period below 48 hours.

2018/04/03
Committee: TRAN

2017/0237(COD)

Proposal for a regulation
Article 40 – paragraph 1

This Regulation shall enter into force 48 mon th~~e twentie~~s after the da~~y following tha~~te of its publication in the Official Journal of the European Union.

2018/04/03
Committee: TRAN

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h

h) the number of ~~employees~~people employed in the company over the last calendar year;

2018/02/23
Committee: TRAN

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point i

i) ~~the total assets, liabilities, equity and turnover during the last two years;~~a copy of the annual financial report or other documents proving financial capacity, of the kind listed under Article 7(2)

2018/02/23
Committee: TRAN

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

6. ‘cabotage operation’ means national carriage for hire or reward carried out ~~on a temporary basis~~ in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;';

2018/02/23
Committee: TRAN

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage.';

2018/02/23
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 561/2006

(a) four regular weekly rest periods, or

2018/02/27
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 561/2006
Article 8 – paragraph 6 – point a

(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or

2018/02/27
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)

Regulation (EC) No 561/2006
Article 8 – paragraph 6 – point b a (new)

(ba) one regular weekly rest period of at least 45 hours and three reduced weekly rest periods of at least 24 hours.

2018/02/27
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2

For the purposes of point (b) and (c), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the ~~third~~fourth week following the week in question.;

2018/02/27
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c

Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b

(b) a~~t home or at another private location~~s chosen by the driver.

2018/02/27
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c

Regulation (EC) No 561/2006
Article 8 – paragraph 8 b

8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at ~~hom~~the driver’s place of residence within each period of ~~three~~four consecutive weeks.;

2018/02/27
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)

Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)

(ca) 8c. The fact that the regular weekly rest period and a weekly rest of more than 45 hours taken in compensation for previously reduced weekly rest, which – as recorded by a tachograph – is taken by the driver in a Member State other than the country where the undertaking is established, has indeed been taken, shall be verified by way of a declaration provided by the driver. The model of such declaration shall be specified by the EC.

2018/02/27
Committee: TRAN

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 561/2006
Article 12 – paragraph 2

Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.deleted

2018/02/27
Committee: TRAN

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1

Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 37 working days during a period of one calendar month.

2018/02/23
Committee: TRAN

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2

When the period of posting is longer than 3 7 working days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.

2018/02/23
Committee: TRAN

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3 – point c

(c) breaks and ~~rest periods as well as~~ periods of availability spent in the territory of a host Member State shall be considered as working period.

2018/02/23
Committee: TRAN

2017/0121(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a directive
Article 2 – paragraph 4 – point a – point v

(v) the number plates of vehicles used in posting for cabotage operations;

2018/02/23
Committee: TRAN

2016/0231(COD)

Proposal for a regulation
Recital 2

(2) The European Council conclusions of October 2014 foresaw that the target should be delivered collectively by the Union in the most cost-effective manner possible, with the reductions in the Emissions Trading System (ETS) and non- ETS sectors amounting to 43% and 30% by 2030 compared to 2005 respectively, with efforts distributed on the basis of relative Gross Domestic Product (GDP) per capita. All sectors of the economy should contribute to achieving these emission reductions, and all Member States should participate in this effort, balancing considerations of fairness and solidarity, and national targets within the group of Member States with a GDP per capita above the Union average should be relatively adjusted to reflect cost- effectiveness in a fair and balanced manner. The emissions level allocated to each Member State in the context of the 2030 climate and energy framework should take into account Member States' specificities in respect of their energy mix. Achieving these greenhouse gas emission reductions should boost efficiency and innovation in the European economy and in particular should promote improvements, notably in buildings, agriculture, waste management and transport, in so far as they fall under the scope of this Regulation.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Recital 9

(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 20201 on the ~~average of the greenhouse gas emissions dur~~value of annual emission allocation ing 20~~16 to 2018~~20 and the end of the trajectory being the 2030 limit for each Member State. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. To that end, unused annual emission allocations from the period from 2013 to 2020 should be transferred to a dedicated reserve for each Member State upon its request, to be utilised in the period from 2021 to 2030, where a Member State's emissions exceed its annual emission allocations for a given year . _________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Recital 12

(12) Regulation [ ] [on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework] lays down accounting rules on greenhouse gas emissions and removals relating to land use, land-use change and forestry (LULUCF). While the environmental outcome under this Regulation in terms of the levels of greenhouse gas emission reductions that are made is affected by taking into account a quantity up to the sum of total net removals and total net emissions from deforested land, afforested land, managed forest land, managed cropland and managed grassland as defined in Regulation [ ], flexibility for a maximum quantity of ~~280~~425 million tonnes of CO2 equivalent of these removals divided among Member States according to the figures in Annex III should be included as an additional possibility for Member States to meet their commitments when needed. Where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to Article 8 (6) of Regulation [LULUCF] is adopted, 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 Article 7 to reflect a contribution of the accounting category managed forest land in the flexibility provided by that Article. Before adopting such a delegated act, the Commission should evaluate the robustness of accounting for managed forest land based on available data, and in particular the consistency of projected and actual harvesting rates. In addition, the possibility to voluntarily delete annual emission allocation units should be allowed under this Regulation in order to allow for such amounts to be taken into account when assessing Member States' compliance with requirements under Regulation [ ].

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 4 – paragraph 2

2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 20201 on the ~~average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3~~value of annual emission allocation in 2020 and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 4 – paragraph 3

3. The Commission shall adopt an implementing act setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent as specified in paragraphs 1 and 2. For the purposes of this implementing act, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation No (EU) 525/2013.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 5 – paragraph 2

2. In respect of the years 2021 to 2029, a Member State may borrow a quantity of up to 510% from its annual emission allocation for the following year.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 5 – paragraph 4

4. A Member State may transfer up to 510% of its annual emission allocation for a given year to other Member States. The receiving Member State may use this quantity for compliance under Article 9 for the given year or for subsequent years until 2030.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 5 – paragraph 6 a (new)

6 a. Member States may carry-over excess annual emission allocations from the previous commitment period.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 5 – paragraph 6 b (new)

6 b. The previous period banking reserve for each Member State is hereby established. Upon request of the Member State, the unused annual emission allocations from a commitment period shall be carried over to the previous period banking reserve.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 5 – paragraph 6 c (new)

6 c. To the extent that a Member State's emissions exceed its annual emission allocations for a given year, a quantity up to the sum of unused annual emission allocations in the previous period banking reserve for that Member State, may be taken into account for its compliance under Article 9 of this Regulation for that year.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 5 a (new)

Article 5 a Additional use of 100 million annual emission allocations for implementation of projects 1. A European Project Mechanism (EPM) is hereby established. 2. Within the EPM, 100 million annual emission allocations shall be made available for the purpose of implementing projects or programmes that reduce greenhouse gas emissions not covered by the EU ETS in the Member States listed in Annex IV. 3. In the period from 2021 to 2030, 100 million annual emission allocations shall be auctioned through a Central Union Auctioning Platform. Any Member State is eligible to bid and may use the quantity acquired to comply with Article 9 for the given year or subsequent years. Auctioning revenues shall be made available for emission reduction projects or programmes within the EPM in the Member States listed in Annex IV. 4. Any projects under this mechanism shall not result in the double counting of emission reductions. 5. The Commission shall adopt an implementing act that sets out the details, rules and conditions concerning timing, administration, use of revenues and other aspects of auctioning annual emission allocations through the central platform, as well as the modalities and procedures for the EPM. 6. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 13.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 7 – title

Additional use of up to ~~280~~425 million net removals from ~~deforested land, afforested land, managed cropland and managed grassland~~LULUCF

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. To the extent that a Member State's emissions exceed its annual emission allocations for a given year, a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land, afforested land, managed forest land, managed cropland and managed grassland referred to in Article 2 of Regulation [ ] [LULUCF] may be taken into account for its compliance under Article 9 of this Regulation for that year, provided that:

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. A Member State which ~~is evaluated under Article 21 of Regulation (EU) No 525/2013 as not making sufficient progress shall, within three months~~exceeds the annual emission allocation, taking into account the flexibilities, shall, within three months, since the compliance check as specified in the Article 9, submit to the Commission an corrective action plan that includes:

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 9 – paragraph 1 – point a

(a) a~~n addi~~ deduction tofrom the Member State's emission ~~figure~~allocation of the following year equal to the amount in tonnes of CO2 equivalent of the excess greenhouse gas emissions, multiplied by a factor of 1.08, in accordance with the measures adopted pursuant to Article 11; and

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) the Member State shall be temporarily prohibited from transferring any part of its annual emission allocation to another Member State until it is in compliance with Article 4 (2) of this Regulation. The Central Administrator shall implement this prohibition in the registry referred in Article 11.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 9 – paragraph 2

2. If the greenhouse gas emissions of a Member State in either the period from 2021 to 2025 or the period from 2026 to 2030 under Regulation [ ] exceeded its greenhouse gas removals, as determined in accordance with Article 12 of that Regulation, t~~here shall be a deduction from that Member State's~~aking into account flexibilities used pursuant to Article 11 of that Regulation, Member State may choose to deduct annual emissions allocations for the relevant years equal to the amount in tonnes of CO2 equivalent of those excess greenhouse gas emissions for th~~e relevant year~~ose years as one of flexibility options.

2017/02/07
Committee: ENVI

2016/0231(COD)

Jadwiga WIŚNIEWSKA, Urszula KRUPA, Bolesław G. PIECHA, Bogusław LIBERADZKI, Adam GIEREK, Krystyna ŁYBACKA, Janusz ZEMKE

Proposal for a regulation
Article 15 – paragraph 1 – point 6

Regulation 525/2013/EU
Article 21

The Commission may issue opinions on the corrective action plans submitted by Member States according to Article 8(1) of Regulation [ ESR ] on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030, within three months from the date of submission of the corrective action plan.

2017/02/07
Committee: ENVI

2015/0277(COD)

Gabriele PREUSS, Janusz ZEMKE, Karoline GRASWANDER-HAINZ, Lucy ANDERSON

Proposal for a regulation
Recital 10

(10) In accordance with the provisions laid down in Annex 19 to the Chicago Convention, Member States are to establish an acceptable level of safety performance in relation to the aviation activities under their responsibility. In order to assist the Member States in meeting this requirement in a coordinated manner, the European Plan for Aviation Safety should lay down a~~n acceptable~~ high uniform level of safety performance for the Union in respect to the different categories of aviation activities. That acceptable level of safety performance should not have a binding character but express the ambition of the Union and of the Member States with regard to civil aviation safety.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Ismail ERTUG, Janusz ZEMKE, Dieter-Lebrecht KOCH

Proposal for a regulation
Article 3 – paragraph 1 – point 29

(29) ‘unmanned aircraft’ means any aircraft operated or designed to be operated without a pilot on board;, other than those used in model flying.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Janusz ZEMKE, Dieter-Lebrecht KOCH, Karoline GRASWANDER-HAINZ, Gesine MEISSNER, Miltiadis KYRKOS, Isabella DE MONTE

Proposal for a regulation
Article 3 – paragraph 1 – point 34 – indent 1 (new)

- 'model flying' means a sports and recreational activity undertaken by members of a model flying organisation recognised by the national competent authority and taking place within unaided line of sight conditions for the purpose of control and safe separation from other traffic.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Janusz ZEMKE

Proposal for a regulation
Article 45 – paragraph 1

The design, production, maintenance and operation of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely, and the personnel and organisations involved in these activities, shall comply with the essential requirements set out in Annex IX.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Ismail ERTUG, Janusz ZEMKE, Karoline GRASWANDER-HAINZ

Proposal for a regulation
Article 46 – paragraph 1

1. Where the delegated acts adopted pursuant to Article 47 so provide with a view to achieving ~~adequate~~high uniform levels of safety, having regard to the principles laid down in Article 4(2), the design, production, maintenance and operation of unmanned aircraft shall be subject to certification. Certificates shall be issued upon application, where the applicant has demonstrated that it complies with the rules established by the delegated acts adopted pursuant to Article 47 to ensure compliance with the essential requirements referred to in Article 45. The certificate shall specify the safety-related limitations, operating conditions and privileges.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Ismail ERTUG, Janusz ZEMKE, Isabella DE MONTE

Proposal for a regulation
Article 47 – paragraph 1 – point e

(e) the ma~~rking~~ndatory marking, registration and identification of unmanned aircraft;

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Ismail ERTUG, Janusz ZEMKE

Proposal for a regulation
Article 47 – paragraph 1 – point f – indent 1 (new)

- (g) the conditions and procedures for issuing, maintaining, amending, suspending, or revoking the certificates, or for making a declaration, for operation of unmanned aircraft shall take due account of, inter alia, weight or type of the unmanned aircraft, the nature of the operation and the area where the operation takes place;

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Janusz ZEMKE

Proposal for a regulation
Article 125 – paragraph 1

Regulation (EU) No 376/2014
Paragraph 2 of Article 3

However, this Regulation shall not apply to occurrences and other safety-related information involving unmanned aircraft for which a certificate or declaration is not required pursuant to Article 46(1) and (2) of Regulation (EU) YYYY/N [ref. to new regulation], unless the occurrence or other safety-related information involving such unmanned aircraft resulted or could have resulted in a fatal or serious injury to a person or it involved aircraft other than unmanned aircraft.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Janusz ZEMKE, Karoline GRASWANDER-HAINZ

Proposal for a regulation
Annex V – point 4 – point 4.2

4.2. Notwithstanding 4.1., for operations with helicopters a momentary flight through the limiting height velocity envelope may be permitted, provided that a~~n adequate~~ high uniform level of safety is ensured.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Janusz ZEMKE, Miltiadis KYRKOS

Proposal for a regulation
Annex IX – point 1 – point c

(c) If necessary to mitigate risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from the operation, the unmanned aircraft must have the corresponding and specific features and functionalities which take into account the principles of privacy and protection of personal data by design and by default. According to the needs those features and functionalities must ensure easy identification of the aircraft and of the nature and purpose of the operation; and must ensure that requirements for safe operations, including detect and avoid systems, as well as applicable limitations, prohibitions or conditions be complied with, notably with respect to the operation in particular geographical zones, beyond certain distances from the operator or at certain altitudes.

2016/06/15
Committee: TRAN

2015/0277(COD)

Gabriele PREUSS, Ismail ERTUG, Janusz ZEMKE, Karoline GRASWANDER-HAINZ

Proposal for a regulation
Annex IX – point 2 – paragraph 2 – introductory part

The following requirements must be met to ensure a ~~satisfact~~high uniforym level of safety for people on the ground and other airspace users during the operation of the unmanned aircraft, taking into account the level of risk of the operation as necessary:

2016/06/15
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Bogusław LIBERADZKI, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Recital D

D. whereas RPAS regulations exist or are being developed in Austria, Denmark, France, Germany, Italy, Ireland, Spain, Poland and the UK1; whereas approved flying schools in Denmark, the UK and the Netherlands, and more than 500 licenced RPAS pilots in the Netherlands and the UK are already operational; __________________ 1 http://www.caa.co.uk/default.aspx?catid=1 995&pageid=16012

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Bogusław LIBERADZKI, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Motion for a resolution
Paragraph 15

15. Believes that a clear~~, global,~~ and harmonised ~~and proportionate~~ regulatory framework needs to be developed on a risk assessed basis~~, which avoids burdensome regulations for businesses that w~~ to establish proportionate regulations allowing drone operations as soon as practically possible. The regulations should ade~~ter investment and job crea~~quately protect citizens and foster investment to create sustainable and innovative jobs and improve working conditions;

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Gabriele PREUSS

Motion for a resolution
Paragraph 15 a (new)

15a. Supports the Commission's intention to remove the 150kg threshold and to replace it by an EU coherent and comprehensive regulatory framework, where there is place for national competent authorities, qualified bodies or associations to assume validation and oversight activities; the proportionality in the rules should be matched by the necessary flexibility in processes and procedures;

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Bogusław LIBERADZKI, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Paragraph 16

16. Considers that ~~rules at EU and national level~~the EU rules should clearly indicate the provisions applicable to RPAS in relation to the internal market and international commerce (production, sale, purchase, trade and use of RPAS); believes also that the EU safety rules should contribute to the correct enforcement of privacy, data protection and any other applicable law, such as criminal, intellectual property, aviation and environmental law; the basic rules should be specified in a notice for purchasers;

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Paragraph 18

18. Considers that ~~in order~~the concept of operations as proposed by EASA is a solid basis to ensure the safe operation of RPAS, regulatory requirements will need to be based on either a case-by-case or a type/class-based approach, whichever is appropriate, and shall ensure a high level of safety and interoperability; considers that in order to ensure the success of RPAS manufacturers and operators, it is vital that the European Organisation for Civil Aviation Equipment's (EUROCAE) standardisation requirements be validated by the relevant regulatory body;

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Paragraph 19 – indent 7 a (new)

- "geofencing" to allow competent authorities defining no-fly zones;

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Paragraph 19 – indent 7 b (new)

- "rules of the air" for low level operations;

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Motion for a resolution
Paragraph 19 – indent 7 c (new)

- data protection and privacy

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Bogusław LIBERADZKI, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Paragraph 20

20. Underlines that RPAS must be equipped with ~~‘see~~'detect-and-avoid' technology in order to detect aircraft using the same airspace, ensuring that RPAS do not put at risk the safety of manned aircraft, and in addition, take into account no-fly zones, such as airports and other critical infrastructure; urges therefore the Commission to provide for the necessary R&D budgets through the SESAR Joint Undertaking.

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

Motion for a resolution
Paragraph 21

~~21. Supports the Commission's intention to remove the 150kg threshold defining the certifying competences between EASA and national authorities;~~deleted

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Motion for a resolution
Paragraph 22

22. Stresses that the Joint Authorities for Rulemaking on Unmanned Systems (JARUS) is an international voluntary membership body comprising of national civil aviation authorities from 22 EU and non-EU countries and regulatory agencies/bodies; ~~recalls that JARUS is chaired by a representative of EASA, the Agency which will deal with future RPAS regulation;~~ recalls that JARUS's purpose is to develop technical, safety and operational requirements for the certification and safe integration of large and small RPAS into the airspace and at aerodromes; reiterates the need for the swift delivery of rules for the EU market, which can only be guaranteed by a pro- active role of EASA in the JARUS process.

2015/07/24
Committee: TRAN

2014/2243(INI)

Janusz ZEMKE, Bogusław LIBERADZKI, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Motion for a resolution
Paragraph 23

23. Strongly believes that JARUS is, therefore, ideally placed to quickly and effectively draft global safety regulations for RPAS operations; believes that JARUS should ensure that any future EU rules will be compatible with international arrangements in other countries, through a process of mutual recognition;deleted

2015/07/24
Committee: TRAN

2013/2125(INI)

Janusz ZEMKE, Krzysztof LISEK

Motion for a resolution
Paragraph 5 a (new)

5a. Maintains that the construction of a European defence industry should be carried out in a sustainable manner, in all Member States, on the basis of existing industrial infrastructure, and not solely according to the principle of free competition;

2013/09/25
Committee: AFET

2013/2125(INI)

Janusz ZEMKE, Krzysztof LISEK

Motion for a resolution
Paragraph 6

6. Notes the Commission Communication of 24 July 2013 and the EEAS draft report; considers it regrettable that the Commission Communication did not specify the mechanisms that would ensure the equitable development of the defence industry in all parts of the European Union; considers it similarly regrettable that the Commission and the EEAS did not issue a joint European declaration in preparation for the European Council’s defence summit in December of this year;

2013/09/25
Committee: AFET

2013/2125(INI)

Motion for a resolution
Paragraph 24

24. Calls on the Member States, the EDA and the Commission to work together towards the gradual phasing-out of offset requirements, while fostering the integration of smaller Member States’ industries into the European defence technological and industrial base by means other than offsets;deleted

2013/09/25
Committee: AFET

2012/2303(INI)

Motion for a resolution
Recital A

A. whereas arms exports can have inter alia a considerable impact not only on security, but also on development, and must therefore be at the very least embedded within a strict arms control system operating with maximum effectiveness;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Recital G

G. whereas the decision-taking process for granting or denying arms export licences lies solely within the remit of Member States; ~~whereas the eight criteria are interpreted very differently within the EU, meaning that, to some extent, arms export practice varies widely;~~

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Recital J

~~J. whereas little progress has been made on reaching agreement between the Member States with regard to applying and interpreting the Common Position’s eight criteria;~~deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Recital M

M. whereas by no means all EU Member States make a full submission to COARM; whereas, because of individual Member States’ differing data collection and submission procedures, data sets are incomplete and vary, which considerably reduces transparency in this area;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Recital N

N. whereas measures on trafficking of small arms and light weapons have been adopted in recent years, with an updated List of Dual-Use Goods and Technologies under the Wassenaar Arrangement being adopted in February 2012, and areas such as control of arms brokering, and licensed production outside the EU ~~and end-user control~~ have been put on the agenda and, to some extent, incorporated into the Common Position itself, but many products, in particular in the field of dual- use goods, are still not covered by a legally binding arms exports control system;

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Recital P

P. whereas it has been argued that the events of the Arab Spring in the Middle East and North Africa (MENA) could not be foreseen; whereas nonetheless the human rights situation in those countries, which, in connection with issuing arms exports licences, should have been (and must be) taken into account, was (and is) known; whereas the events of the Arab Spring have revealed the weaknesses of the Common Position and, to some extent, a number of countries’ disregard for it and the criteria it contains;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 2

2. Acknowledges that the EU is the only union of states to have a legally binding framework, unique in the world, through which arms export control is being improved, including in crisis regions and countries with a questionable human rights record, and welcomes the fact, in this connection, that European and non- European third countries have joined the arms exports control system on the basis of the Common Position; notes ~~with concern, however,~~ that the eight criteria are applied and interpreted with varying degrees of rigour in the EU Member States; calls therefore for a standard, uniformly strict interpretation and full implementation of the Common Position with all its obligations;

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 3

3. Takes the view that, because of the negative impact of arms spending on the development prospects of poorer recipient countries, criterion 8 should be upgraded by making denial of export licences automatic if they are incompatible with development;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 4

4. Takes the view that the Common Position should be complemented by a regularly updated, publicly accessible list, with detailed reasons, providing information on the extent to which exports to particular recipient countries are, or are not, in keeping with the eight criteria;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 5

5. Considers ~~that~~it desirable to carry out a study into the appropriateness and feasibility of establishing a standardised verification and reporting system ~~should be established~~ to provide information as to whether, and to what extent, individual EU Member States’ exports violate the eight criteria;

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 6

6. Insists, in the light of the Common Position review process, that support should be voiced for powerful, clear and unambiguous wording in the Common Position in order to prevent the criteria from being interpreted and applied differently; insists in particular that Article 10 of the Common Position be acted on and that, accordingly, application of the criteria not be neutralised or stopped because of political, economic or geostrategic interests;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 7

7. Regrets the fact that there is no possibility of having compliance with the eight criteria independently verified, that there are no mechanisms for sanctions for violation of the eight criteria by a Member State, and that there are no plans to that effect; takes the view that ways and means of carrying out independent verification and mechanisms for sanctions for violations of the Common Position should be provided for;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 8

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 10

10. Calls furthermore for the eight criteria to be extended and applied also to the transfer of military, security and police personnel, to arms-exports-related services, know-how and training, and to private military and security services; calls for it to be made mandatory - where security technology and, in general, dual- use goods are to be exported - for compatibility with the eight criteria to be verified;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 12

12. Regrets the fact that, in 2010, only 63% of EU Member States submitted complete sets of data relating to their arms exports; notes that the countries which repeatedly supply incomplete information on their exports are also some of both the EU’s and the world’s largest arms-exporting countries;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 13

13. Notes that methods for collecting data on arms exports, as well as practices for publishing data sets recorded, vary in the Member States, as a result of which the COARM annual report does not include important information and therefore is not up to date or reliable; calls accordingly for the introduction of a standardised ~~collection and~~ submission procedure, for information on actual exports to be applied uniformly in all Member States, in order to submit and publish up-to-date and exhaustive information;

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 14

~~14. Suggests in this connection that additional information be col~~delected from Member States and published both at national level and in the COARM annual report, in particular a list of countries arms exports to which would violate one or more of the eight criteria, together with a comprehensive list of EU Member States which have exported arms to those countries during the data reporting period;

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 15

15. Notes that the Directive simplifying terms and conditions of transfers of defence-related products within the Community has made arms exports within Europe considerably easier; calls in this connection for the COARM annual report also to include detailed information on arms exports within Europe which violate one or more of the eight criteria;deleted

2013/03/11
Committee: AFET

2012/2303(INI)

Motion for a resolution
Paragraph 16

~~16. Calls for the COARM annual report also to include information on the final destination of exports within Europe and on onward transfers to third countries which may be problematic;~~deleted

2013/03/11
Committee: AFET

2012/2303(INI)