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United in diversity

TEXTS ADOPTEDPART IIat the sitting of

Tuesday15 April 2014

P7_TA-PROV(2014)04-15 PROVISIONAL EDITION PE 531.385

EN EN

EUROPEAN PARLIAMENT 2014 - 2015

CONTENTS

TEXTS ADOPTED

P7_TA-PROV(2014)0342Protection of consumers in utilities services(A7-0163/2014 - Rapporteur: Josef Weidenholzer)European Parliament resolution of 15 April 2014 on consumer protection – protection of consumers in utilities services (2013/2153(INI))................................................................1

P7_TA-PROV(2014)0343Technical requirements for inland waterway vessels ***I(A7-0145/2014 - Rapporteur: Corien Wortmann-Kool)European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council (COM(2013)0622 – C7-0266/2013 – 2013/0302(COD)).................................................................................................................7

P7_TA-PROV(2014)0344Correct application of the law on customs and agricultural matters ***I(A7-0241/2014 - Rapporteur: António Fernando Correia de Campos)European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (COM(2013)0796 – C7-0421/2013 – 2013/0410(COD))...................................................................................15

P7_TA-PROV(2014)0345Information in the field of technical regulations and rules on Information Society services ***I(A7-0247/2014 - Rapporteur: Francesco Enrico Speroni)European Parliament legislative resolution of 15 April 2014 on the amended proposal for a directive of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text) (COM(2013)0932 – C7-0006/2014 – 2010/0095(COD))40

P7_TA-PROV(2014)0346Accession of Croatia to the 1990 Convention on the elimination of double taxation *(A7-0214/2014 - Rapporteur: Sławomir Nitras)European Parliament legislative resolution of 15 April 2014 on the recommendation for a Council decision concerning the accession of Croatia to the Convention of 23 July 1990

PE 531.385\ I

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on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (COM(2013)0586 – C7-0381/2013 – 2013/0308(CNS))...............61

P7_TA-PROV(2014)0347Shift2Rail Joint Undertaking *(A7-0259/2014 - Rapporteur: Josefa Andrés Barea)European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation establishing the Shift2Rail Joint Undertaking (COM(2013)0922 – C7-0034/2014 – 2013/0445(NLE))..........................................................................................63

P7_TA-PROV(2014)0348Request for defence of the parliamentary immunity of Alexander Mirsky(A7-0273/2014 - Rapporteur: Marielle Gallo)European Parliament decision of 15 April 2014 on the request for defence of the immunity and privileges of Alexander Mirsky (2014/2026(IMM))...................................93

P7_TA-PROV(2014)0349Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/007 IT/VDC Technologies(A7-0261/2014 - Rapporteur: Frédéric Daerden)European Parliament resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/007 IT/VDC Technologies from Italy) (COM(2014)0119 – C7-0089/2014 – 2014/2025(BUD))..................................................96

P7_TA-PROV(2014)0350Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/004 ES/Grupo Santana(A7-0260/2014 - Rapporteur: Frédéric Daerden)European Parliament resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/004 ES/Grupo Santana from Spain) (COM(2014)0116 – C7-0101/2014 – 2014/2027(BUD))................................................101

P7_TA-PROV(2014)0351Deposit Guarantee Schemes ***II(A7-0216/2014 - Rapporteur: Peter Simon)European Parliament legislative resolution of 15 April 2014 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council Deposit Guarantee Schemes (recast) (05199/1/2014 – C7-0094/2014 – 2010/0207(COD)).............................................................................................................107

P7_TA-PROV(2014)0352Alternative fuels infrastructure ***I(A7-0444/2013 - Rapporteur: Carlo Fidanza)

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European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council on the deployment of alternative fuels infrastructure (COM(2013)0018 – C7-0022/2013 – 2013/0012(COD)).................108

P7_TA-PROV(2014)0353Dimensions and weights of road vehicles circulating within the Community ***I(A7-0256/2014 - Rapporteur: Jörg Leichtfried)European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (COM(2013)0195 – C7-0102/2013 – 2013/0105(COD)).............................................................................................................197

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P7_TA-PROV(2014)0342

Protection of consumers in utilities services

European Parliament resolution of 15 April 2014 on consumer protection – protection of consumers in utilities services (2013/2153(INI))

The European Parliament,

– having regard to its resolution of 22 May 2012 on a strategy for strengthening the rights of vulnerable consumers1,

– having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-20202,

– having regard to its resolution of 11 June 2013 on a new agenda for European Consumer Policy3,

– having regard to its resolution of 15 November 2011 on reform of the EU State aid rules on Services of General Economic Interest4,

– having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (the Unfair Commercial Practices Directive),

– having regard to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council,

– having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services5,

– having regard to the Commission proposal of 13 September 2013 for a regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012 (COM(2013)0627),

– having regard to the Commission communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 15 November 2012 entitled ‘Making the internal energy market work’ (COM(2012)0663),

1 OJ C 264 E, 13.9.2013, p. 11.2 OJ C 131 E, 8.5.2013, p. 9.3 Texts adopted, P7_TA(2013)0239.4 OJ C 153 E, 31.5.2013, p. 51.5 OJ L 373, 21.12.2004, p. 37.

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– having regard to Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services,

– having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on Electronic Commerce),

– having regard to Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC,

– having regard to the Commission communication entitled ‘Towards a European Charter on the Rights of Energy Consumers’ (COM(2007)0386),

– having regard to the Commission communication of 15 November 2012 to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Making the internal energy market work’ (COM(2012)0663),

– having regard to the Charter of Fundamental Rights of the European Union, as incorporated into the Treaties by Article 6 of the Treaty on European Union (TEU), and in particular Article 8 (protection of personal data), Article 11 (freedom of expression and information), Article 21 (non-discrimination), Article 23 (equality between men and women), Article 25 (the rights of the elderly), Article 26 (integration of persons with disabilities), Article 34 (social security and social assistance), Article 36 (access to services of general economic interest), Article 37 (environmental protection) and Article 38 (consumer protection),

– having regard to Article 12 TEU,

– having regard to Article 14 TEU and Protocol No 26 to the TEU,

– having regard to Rule 48 of its Rules of Procedure,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0163/2014),

A. whereas enhanced consumer information regarding utility services is particularly important, and whereas there is a need to ensure that consumers have access to such services while Member States have the necessary flexibility to take vulnerable consumers into account;

B. whereas sectorial legislation is in place and has already enhanced consumer protection, but whereas the Member States are reminded that, to that end, correct implementation and enforcement is still needed;

C. whereas, in the case of utility services, national powers and the right of self-administration at local government level must be respected, and whereas the sectoral provisions form an adequate legal framework for utility services;

General considerations

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1. Notes that some aspects of basic consumer rights are covered by Directive 2011/83/EU and that common characteristics of utility services are outlined in the relevant sectorial legislation;

2. Reminds the Member States that it was necessary to transpose the Directive on consumer rights by mid-December 2013 and that it will be applicable to all contracts concluded after 13 June 2014;

3. Points out that consumer protection is effective only if consumers’ rights can be enforced; calls, therefore, on the Member States to implement fully the provisions of the Unfair Commercial Practices Directive (2005/29/EC), the Directive on Misleading and Comparative Advertising (2006/114/EC) and the Consumer Rights Directive (2011/83/EU); highlights, in this context, the importance of alternative dispute resolution (ADR) systems as efficient, cost-saving mechanisms for solving conflicts between both consumers and providers of utilities services; calls, therefore, on the Member States to implement the recently agreed Directive on ADR (2013/11/EU) and Regulation (EU) No 524/2013 on online dispute resolution (ODR);

4. Highlights that raising consumers’ awareness concerning their rights plays a key role in obtaining a high level of consumer protection, but underlines also the fundamental role of customer service on behalf of utility service providers; stresses that individuals responsible for contacts with clientele should be trained and aware of the rights of consumers; encourages, therefore, utility service providers to train their employees accordingly and ensure that all customers have easy access to personalised assistance at all times;

5. Stresses the need for consumers to have access to affordable and high-quality utility services throughout the EU, given that such services are essential for ensuring social and territorial cohesion while contributing to European economic competitiveness;

6. Supports the existence of strong and independent consumer organisations in facilitating comprehensive consumer protection, yet stresses the importance of striking a proper balance between the needs of consumers and the needs of providers;

7. Emphasises that access to utility services should be facilitated for all consumers, irrespective of their financial circumstances; suggests that, in specific circumstances, Member States may deem that ‘vulnerable consumers’ may require appropriate arrangements;

8. Calls on the Commission and the Member States to pay more attention to, and invest more in, consumer information and education campaigns in the context of utility services that target the right messages at the right consumer segment;

Energy

9. Believes that an open, transparent and integrated internal energy market is needed to help achieve competitive energy prices, security of supply, sustainability and efficient large-scale deployment of renewable energy, and calls on the Member States properly to transpose, apply and better monitor the third internal energy market package; points out the need for enhanced consumer information, in particular with a view to improving the services offered, and to allowing for the comparability and transparency of tariffs, hence achieving non-discriminatory pricing;

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10. Stresses the crucial importance of timely, correct and full implementation of existing legislation, including the regulatory work called for by the third internal energy market package, in order to achieve an integrated and competitive European internal energy market by 2014;

11. Welcomes the work of the Vulnerable Consumers working group in the framework of the Citizens Energy Forum, and welcomes the Commission communication of 22 January 2014 on energy prices and costs in Europe (COM(2014)0021) and the annexed report, which analyse the impact and relationship of energy prices and costs in the Member States; recalls that it is also the task of the Member States to address the various factors and situations linked to energy and vulnerable consumers;

12. Notes that terminating energy contracts often involves restrictive conditions and complex procedures, which makes switching provider difficult; calls for procedures for switching providers to be sped up and simplified; points out that the existing evaluation criteria of the internal energy market package are completed in the respective Electricity and Gas Directives of the third internal energy market package; stresses the importance of regular Commission reports on the enforcement of the Internal Energy Market;

13. Emphasises the need for the Commission to present its conclusion on e-billing as it pertains to consumer online energy account management;

14. Regrets that current energy prices do not necessarily factor in external costs, namely the environmental damage associated with a given energy source or production method, which may nevertheless be passed on to society as a whole in the long run; calls for measures to encourage greater price transparency for consumers in this regard;

15. Takes the view that undertakings should publish information about prices, price changes and changes to contracts in a readily understandable form; reminds the Member States of the fact that the third internal energy market package already obliges them to ensure this; calls on the Member States and the businesses concerned to take appropriate measures to ensure that consumers have access to clear, understandable and comparable information about tariffs, conditions and means of redress;

16. Recalls that the third internal energy market package suggests that the Member States undertake cost-benefit-analyses before starting the roll-out of smart metering; highlights that smart grids allow consumers to observe and adapt their energy consumption, but points out that some of the cost-benefit analyses that have been conducted by Member States give no indication of substantial cost savings for consumers; highlights that both customers and data protection provisions must be respected, and stresses that the use of smart meters must remain the choice of the consumer;

Telecommunications

17. Stresses that the consumer aspect of the digital single market and the electronic communications sector is of utmost importance, and notes the significant enhancements to consumer protection that have been introduced following the implementation of the 2009 Telecoms Package (Directives 2009/136/EC and 2009/140/EC); highlights the important updates and improvements for consumer protection and empowerment currently being proposed by the Parliament; underlines the significance of access for all consumers to high-

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quality electronic communications services, and the importance of deploying new infrastructures in order to narrow the digital divide;

18. Reiterates its proposals to make it easier for customers to switch electronic communication service providers without additional fees other than the actual switching cost, without loss of data and with a minimum of formalities, and to encourage them to do so; supports as well proposals to promote independent information on pricing, billing and service quality, including data speeds;

Postal services

19. Notes that consumers benefit from a more quality-focused service in the postal sector and from savings passed on to them through cost reductions; highlights that more delivery options and better transparency, information and prices are preconditions for increasing consumers’ confidence in the delivery market; notes that Directive 97/67/EC, as amended by Directives 2002/39/EC and 2008/6/EC, ensures that postal services provide a universal service; reminds the Commission to examine, in its implementation report, whether this guarantee is fulfilled by the Member States; asks the Commission to encourage postal services operators to improve interoperability and to accelerate the roll-out of streamlined processes aimed at reducing costs, increasing the availability and quality of delivery services;

20. Emphasises the importance of a comprehensive parcel delivery service throughout the Union; stresses that it is crucial that parcel services provided by postal services and private operators are fast and reliable, not least in order to meet the needs of consumers ordering online; reiterates the suggestions made in its resolution of 4 February 2014 on parcel delivery1 on the need to assist service improvements and reduce costs;

21. Welcomes all the efforts already made by delivery market operators to meet the needs of online consumers and retailers in a better way, such as the introduction of flexible delivery and return options; stresses, at the same time, that further incentives to improve interoperability and the quality of services are welcome;

Public transport

22. Notes that in recent years the rights of consumers using transport services have been strengthened through sectoral measures;

23. Emphasises that consumers with access to efficient local public transport should be targeted, regardless of whether they reside in areas where such service would be less profitable; acknowledges the responsibility of the Member States in this respect, and calls on them to take appropriate action;

24. Points out that, as a result of an ageing population, efficient public transport services will gain in importance in the future, and that they are also essential if the Europa 2020 climate objectives are to be achieved; calls for the development of common tools to ensure optimised multimodality in efficient, high-quality public transport services with a view to ensuring both the free movement of people and the competitiveness of such services;

1 Texts adopted, P7_TA(2014)0067.

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25. Calls for a holistic approach with regard to elderly people and people with limited mobility; believes that the whole public transport chain must be taken into consideration, including access to public transport nodes; wishes to address the need for a coherent focal point system in order to help people with limited mobility;

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26. Instructs its President to forward this resolution to the Council and the Commission.

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P7_TA-PROV(2014)0343

Technical requirements for inland waterway vessels ***I

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council (COM(2013)0622 – C7-0266/2013 – 2013/0302(COD))

(Ordinary legislative procedure: first reading)


– having regard to the Commission proposal to Parliament and the Council (COM(2013)0622),

– having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0266/2013),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 21 January 20141,

– having regard to the opinion of the Committee of the Regions of 31 January 20142,


– having regard to the report of the Committee on Transport and Tourism (A7-0145/2014),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

1 Not yet published in the Official Journal.2 Not yet published in the Official Journal.

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Amendment 1

Proposal for a directiveRecital 4

Text proposed by the Commission Amendment

(4) Maintaining two different set of rules, those for certificates issued pursuant to Article 22 of the Revised Convention on the Navigation on the Rhine and for the Union inland navigation certificate, does not ensure legal certainty and safety.

(4) Given the different legal frameworks and timeframes for the decision-making procedures, it is difficult to maintain the equivalence between the Union inland navigation certificates issued pursuant to Directive 2006/87/EC and the certificates issued pursuant to Article 22 of the Revised Convention for Rhine Navigation. Legal certainty is therefore not ensured, and this has a potentially negative impact on navigation safety.

Amendment 2



(6) Since the CCNR has built up significant expertise in updating technical requirements for inland navigation vessels, this expertise should be fully used for the inland waterways in the Union.

(6) Since the CCNR has built up significant expertise in developing and updating technical requirements for inland navigation vessels, that expertise should be fully used for the inland waterways in the Union. The Commission's services and the CCNR signed an Administrative Arrangement in 2013 to reinforce their cooperation, particularly as regards the development of technical requirements concerning inland waterway vessels. Within that framework, it has been agreed that a Committee (the Committee for the Elaboration of European Technical Standards (CESTE)) is to be established to draw up technical standards in the field of inland navigation to which reference can be made by the Union and the CCNR in their respective regulations.

Amendment 3

Proposal for a directive

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Recital 15


(15) The Union inland navigation certificate should be issued to a craft that passes a technical inspection carried out prior to the craft being put into service. This technical inspection should be used to check whether the craft complies with the technical requirements set out in this Directive. The competent authorities of the Member States should be entitled to carry out additional inspections at any time to verify that the craft's physical state matches the Union inland navigation certificates.

(15) The Union inland navigation certificate should be issued to a craft that passes a technical inspection carried out prior to the craft being put into service. This technical inspection should be used to check whether the craft complies with the technical requirements set out in this Directive. The competent authorities of the Member States will be entitled to carry out additional inspections at any time to verify that the craft's physical state matches the Union inland navigation certificates.

Amendment 4



(21) Changes in technical requirements need to be taken into account for reasons of safety of inland navigation and equivalence of certificates. In order to do so, 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 to adapt the annexes to this Directive in line with scientific and technical progress or with developments in this area arising from the work of other international organisations, in particular the CCNR. It is particularly important that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure simultaneous, timely and appropriate submission of the relevant documents to the European Parliament and to the Council.

(21) In order to ensure a high level of safety and efficiency for inland navigation and to maintain the equivalence of the inland navigation certificates, the technical requirements laid down in the annexes to this Directive should be kept up to date in order to take into account scientific and technical progress, and technical standards in the field of inland navigation. In order to do so, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adaptation of the annexes to this Directive to scientific and technical progress or to developments and updates of technical standards arising from the work of other international organisations, in particular the CCNR. The Commission should carry out, in an open and transparent manner, appropriate consultations with all relevant stakeholders during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely

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and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 5

Proposal for a directiveRecital 21 a (new)


(21a) The Commission should in particular adopt delegated acts to introduce technical requirements for vessels powered by liquefied natural gas (LNG), in order to allow efficient and safe circulation of those vessels in inland waterways.

Amendment 6



(22a) In order to ensure an appropriate framework for coordination and cooperation with international organisations competent for inland waterway navigation, in particular the CCNR, and the development of uniform technical standards for inland navigation to which the Union and international organisations could refer, this Directive should be subject to review, particularly as regards the effectiveness of the measures introduced by this Directive, as well as the mechanisms for cooperation with international organisations competent for inland navigation, with a view to achieving a single, uniform set of technical standards.

Amendment 7

Proposal for a directive

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Article 8 – paragraph 1


1. Union inland navigation certificates may be issued by the competent authorities of the Member States.

1. Union inland navigation certificates shall be issued by the competent authorities of the Member States.

Amendment 8

Proposal for a directiveArticle 9 – paragraph 6


6. The Commission shall publish and keep updated a list of the classification societies approved in accordance with the present Article.

6. The Commission shall publish for the first time by ...+, and keep updated, a list of the classification societies approved in accordance with the present Article.

_________________+ OJ: please insert the date: one year after the date of entry into force of this Directive.

Amendment 9

Proposal for a directiveArticle 22 – paragraph 1 – subparagraph 1 a (new)


The Commission shall, by 31 December 2017, adopt delegated acts in accordance with Article 24 concerning the introduction, within Chapter 19ba of Annex II, of specific requirements for vessels powered by liquefied natural gas (LNG).

Amendment 10



2. The delegation of power referred to in Articles 3, 4, 8, 10, 22 and 23 is conferred on the Commission for an indeterminate

2. The power to adopt delegated acts referred to in Articles 3, 4, 8, 10, 22 and 23 shall be conferred on the Commission for a

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period of time from [date of entry into force of the Directive].

period of five years from ...*. 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.

_____________

* OJ: please insert the date of entry into force of this Directive.

Amendment 11



3. The European Parliament or the Council may revoke the delegation of power referred to in Articles 3, 4, 8, 10, 22 and 23 at any time. A revocation decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified in the decision. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Articles 3, 4, 8, 10, 22 and 23 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 the 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.

Amendment 12



5. A delegated act adopted under Articles 3, 4, 8, 10, 22 and 23 shall enter into force only if neither the European Parliament nor the Council objects within 2 months of the Commission notifying them of the act. The European Parliament or the Council may extend this period by 2 months.

5. A delegated act adopted pursuant to Articles 3, 4, 8, 10, 22 and 23 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

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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.

Amendment 13

Proposal for a directiveArticle 26 a (new)


Article 26a

Review

The Commission shall submit, before ...* and every three years thereafter, a report to the European Parliament and to the Council reviewing the effectiveness of the measures introduced by this Directive, particularly as regards the harmonisation of technical requirements and the development of technical standards for inland navigation. The report shall also review the mechanisms for cooperation with international organisations competent for inland navigation. The report shall, if appropriate, be accompanied by a legislative proposal to further streamline cooperation and coordination in establishing standards to which reference can be made in legal acts of the Union.

____________

* OJ: please insert the date: three years after the date of entry into force of this Directive.

Amendment 14

Proposal for a directiveAnnex II – Chapter 19 b a – title and heading (new)

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CHAPTER 19baSPECIFIC REQUIREMENTS APPLICABLE TO VESSELS POWERED BY LIQUEFIED NATURAL GAS (LNG) (left void)

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P7_TA-PROV(2014)0344

Correct application of the law on customs and agricultural matters ***I

European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (COM(2013)0796 – C7-0421/2013 – 2013/0410(COD))




– having regard to Article 294(2) and Articles 33 and 325 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0421/2013),


– having regard to the opinion of the Court of Auditors of 25 February 20141,


– having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0241/2014),




1 OJ C 94, 31.3.2014, p. 1.

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Amendment 1

Proposal for a regulationRecital 4


(4) With a view to increasing clarity, consistency and transparency, it is necessary to define in more concrete terms the authorities which should have access to the directories established on the basis of this Regulation; for that purpose a uniform reference to competent authorities will be established.

(4) With a view to increasing clarity, consistency, effectiveness, coherence and transparency, it is necessary to define in more concrete terms the authorities which should have access to the directories established on the basis of this Regulation; for that purpose a uniform reference to competent authorities will be established.

Amendment 2

Proposal for a regulationRecital 5 a (new)


(5a) The information obtained from the Commission's impact assessment of 25 November 2013 on the amendment of Regulation (EC) No 515/97 in relation to the scale of the problem shows that fraud resulting from false declaration of origin alone may amount to a yearly loss of as much as EUR 100 million for the EU27. In 2011, Member States reported 1 905 cases of detected fraud and other irregularities relating to misdescription of goods amounting to damage of EUR 107,7 million. That figure covers only damage detected by the Member States and the Commission. The actual scale of the problem is substantially higher, since no information is available on an estimated 30 000 cases of potential fraud.

Amendment 3

Proposal for a regulation

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Recital 5 b (new)


(5b) In order to ensure a high level of consumer protection, the Union has a duty to combat customs fraud and thus contribute to the internal market's objective of having safe products with genuine certificates of origin.

Amendment 4



(6) The detection of fraud, identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross-analysis of relevant operational data sets. It is necessary therefore to establish, at European Union level, a directory containing data on import, export and transit of goods including transit of goods within the Member States and direct export. For that purpose, Member States should allow systematic replication of data on import, export and transit of goods from the systems operated by the Commission and should supply to the Commission data relating to transit of goods within a Member State and direct export.

(6) Given the increase in the scale of customs fraud, it is crucial to increase detection and prevention simultaneously at national and Union level. The detection of fraud, identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross-analysis of relevant operational data sets. It is necessary therefore to establish, at Union level, a directory containing data on import and transit of goods including transit of goods within the Member States and direct export. For that purpose, Member States should allow systematic replication of data on import and transit of goods from the systems operated by the Commission and should supply to the Commission data relating to transit of goods within a Member State at the earliest possible date. Each year, the Commission should submit the results obtained from that directory to the European Parliament and to the Council. By …*, the Commission should carry out assessments in order to appraise the feasibility of extending the data contained in the directory by including data on import and transit of goods by land and air and the necessity of extending the data contained in the directory by including

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data on export.

________________* OJ: please enter the date: two years after the entry into force of this Regulation.

Amendment 5



(8) The introduction of the e-Customs in 2011, by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators, has led to delays in the conduct of European Anti-fraud Office (OLAF) investigations in the customs area, as OLAF needs the intermediation of these administrations to obtain such documents. Moreover, the 3-year limitation period applicable to customs documents held by the administration, puts additional constraints to the successful conduct of investigations. In order to accelerate the conduct of investigations in the area of customs the Commission should therefore have the right to request documents supporting import and export declarations directly from the economic operators concerned. These economic operators should be obliged to provide the Commission with the requested documents.

(8) The introduction of the e-Customs in 2011, by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators, has led to delays in the conduct of European Anti-fraud Office (OLAF) investigations in the customs area, as OLAF needs the intermediation of these administrations to obtain such documents. Moreover, the 3-year limitation period applicable to customs documents held by the administration, puts additional constraints to the successful conduct of investigations. In order to accelerate the conduct of investigations in the area of customs the Commission should therefore, in certain circumstances and following prior notification to the Member States, have the right to request documents supporting import and export declarations directly from the economic operators concerned. The economic operators concerned should be informed which type of procedure applies. These economic operators should be obliged to provide the Commission with the requested documents in good time, following advance notification by the Commission to the Member States.

Amendment 6


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(9) In order to ensure confidentiality of the inserted data, provision should be made for limiting access to inserted data to specific users only.

(9) In order to ensure confidentiality and greater security of the inserted data, provision should be made for limiting access to inserted data to specific users and for defined purposes only.

Amendment 7



(13) The provisions governing the storage of data in the CIS frequently result in unjustifiable loss of information; this is because Member States do not systematically carry out the yearly reviews due to the administrative burden involved. It is therefore necessary to simplify the procedure governing the storage of data in the CIS by removing the obligation to review data annually and by setting maximum retention period of ten years, corresponding to periods provided for the directories established on the basis of this Regulation. This period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations. Furthermore, to safeguard the rules governing data protection, the European Data Protection Supervisor should be informed about cases where personal data are stored in CIS for a period exceeding five years.

(13) The provisions governing the storage of data in the CIS frequently result in unjustifiable loss of information; this is because Member States do not systematically carry out the yearly reviews due to the administrative burden involved and the lack of appropriate resources, particularly human resources. It is therefore necessary to simplify the procedure governing the retention of data in the CIS by removing the obligation to review data annually and by setting maximum retention period of ten years, corresponding to periods provided for the directories established on the basis of this Regulation. However, this should not apply to the limitation period, as laid down in Article 221(3) of Regulation (EEC) No 2913/92. The retention period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations. Furthermore, to safeguard the rules governing data protection, the European Data Protection Supervisor should be informed about cases where personal data are stored in CIS for a period exceeding five years.

Amendment 8

Proposal for a regulationArticle 1 – point 1 – point b

19

Regulation (EC) No 515/97Article 2 – paragraph 1 – indent 11


–‘service providers active in the international supply chain' means owners, shippers, consignees, freight forwarders, carriers and other intermediaries or persons involved in the international supply chain.

–‘public or private service providers active in the international supply chain' means owners, shippers, consignees, freight forwarders, carriers, producers and other involved intermediaries or persons involved in the international supply chain.

Amendment 9

Proposal for a regulationArticle 1 – point 2Regulation (EC) No 515/97Article 12


Documents, certified true copies of documents, attestations, all instruments or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in Articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant Member State in the same way as if they had been obtained in the Member State where the proceedings take place.

Documents, certified true copies of documents, attestations, all official acts or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in Articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant Member State in the same way as if they had been obtained in the Member State where the proceedings take place.

Amendment 10

Proposal for a regulationArticle 1 – point 2 a (new)Regulation (EC) No 515/97Article 16a (new)

Present text Amendment

(2a) The following Article is inserted:

'Article 16a

Information obtained by staff of one Member State and communicated to

Documents, certified true copies of documents, attestations, all instruments or

20

another Member State in the course of the assistance provided for in Articles 13 to 15 may be invoked as evidence by the competent bodies of the Member State receiving the information.

decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by staff of one Member State and communicated to another Member State in the course of the assistance provided for in Articles 13 to 15 may constitute admissible evidence in administrative and judicial proceedings of the Member State receiving the information in the same way as if they had been obtained in the Member State where the proceedings take place.'

Amendment 11

Proposal for a regulationArticle 1 – point 2 b (new)Regulation (EC) N0 515/97Article 18 – paragraph 1 – subparagraph 1 – indent 2 a (new)


2b. In the first subparagraph of Article 18(1), the following indent is added:

'- breaches of customs legislation above a threshold set by the Commission.'

Amendment 12

Proposal for a regulationArticle 1 – point 2 c (new)Regulation (EC) N0 515/97Article 18 – paragraph 1 – subparagraph 1 - concluding phrase


2c. The concluding phrase of the first subparagraph of Article 18(1) is replaced by the following:

they shall communicate to the Commission as soon as possible, either on their own initiative or in response to a reasoned request from the Commission, any relevant information, be it in the form of documents or copies or extracts thereof, needed to determine the facts so that the Commission may coordinate the steps taken by the

'they shall communicate to the Commission as soon as possible, but in any event not later than three weeks, either on their own initiative or in response to a reasoned request from the Commission, any relevant information, be it in the form of documents or copies or extracts thereof, needed to determine the

21

Member States. facts so that the Commission may coordinate the steps taken by the Member States.'

Amendment 13

Proposal for a regulationArticle 1 – point 2 d (new)Regulation (EC) No 515/97Article 18 – paragraph 4 – subparagraph 1


2d. The first subparagraph of Article 18(4) is replaced by the following:

4. Where the Commission considers that irregularities have taken place in one or more Member States, it shall inform the Member State or States concerned thereof and that State or those States shall at the earliest opportunity carry out an enquiry, at which Commission officials may be present under the conditions laid down in Articles 9 (2) and 11 of this Regulation.

4. Where the Commission considers that irregularities have taken place in one or more Member States, it shall inform the Member State or States concerned thereof and that State or those States shall at the earliest opportunity but in any event not later than three weeks after the information was received carry out an enquiry, at which Commission officials may be present under the conditions laid down in Articles 9 (2) and 11 of this Regulation.

Amendment 14

Proposal for a regulationArticle 1 – point 3 – point aRegulation (EC) No 515/97Article 18a – paragraph 1


1. Without prejudice to the competences of the Member States, for the purpose of risk management as set out in Article 4, points 25 and 26, and Article 13(2) of Regulation (EEC) No 2913/92, and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of transport, including containers, used for that purpose, the Commission shall establish and manage

1. Without prejudice to the competences of the Member States, and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of transport, including containers, used for that purpose, the Commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain. That directory

22

a directory of data received from public or private service providers active in the international supply chain. That directory shall be directly accessible to those authorities.

shall be directly accessible to those authorities. They shall ensure that the information regarding the interests of Member States’ service providers contained in that directory shall be used only for the purposes of this Regulation.

Amendment 15

Proposal for a regulationArticle 1 – point 3 – point bRegulation (EC) No 515/97Article 18a – paragraph 2 – point a


(a) to access or extract and store the contents of the data, by any means or in any form, and to use data for the purposes of an administrative or judicial procedure in compliance with legislation applicable to intellectual property rights. The Commission shall put in place adequate safeguards against arbitrary interference by public authorities including technical and organisational measures and transparency requirements towards the data subjects. Data subjects shall be provided with the right of access and correction in relation to data processed for this purpose;

(a) to access or extract and store the contents of the data, by any means or in any form, and to use data for the purposes of an administrative or judicial procedure in compliance with legislation applicable to intellectual property rights. Data subjects shall be provided with the right of access and correction in relation to data processed for this purpose;

Amendment 16

Proposal for a regulationArticle 1 – point 3 – point cRegulation (EC) No 515/97Article 18a – paragraph 5


(c) The following paragraphs 5 and 6 are added:

(c) The following paragraph is added:

'5. The European Data Protection Supervisor shall supervise compliance of this directory with Regulation (EC) No 45/2001.

The Commission shall implement appropriate technical and organisational

23

measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing.'

Amendment 17

Proposal for a regulationArticle 1 – point 3 – point cRegulation (EC) No 515/97Article 18 a – paragraph 6 – subparagraph 1


6. Without prejudice to Regulation 45/2001, the Commission may transfer, subject to the agreement of the public or private service providers active in the international supply chain, data referred to in Article 18a(3) to international organisations and/or EU institutions/agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

6. The Commission may transfer, subject to the agreement of the public or private service providers active in the international supply chain, data referred to in Article 18a(3) to international organisations including the World Customs Organisation, the International Maritime Organisation, the International Civil Aviation Organisation and the International Air Transport Association, as well as Europol, which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

Amendment 18

Proposal for a regulationArticle 1 – point 3 – point cRegulation (EC) No 515/97Article 18a – paragraph 6 – subparagraph 2

24


Data shall be transferred under this paragraph only for the general purposes of this Regulation also including the protection of the financial interests of the Union, and/or for the purpose of risk management as set out in Article 4 points 25 and 26 and Article 13(2) of Regulation (EEC) No 2913/92.

Data shall be transferred under this paragraph only for the general purposes of this Regulation including the protection of the financial interests of the Union, and/or for the purpose of risk management as set out in Article 4 points 25 and 26 and Article 13(2) of Regulation (EEC) No 2913/92.

Amendment 19

Proposal for a regulationArticle 1 – point 3 – point cRegulation (EC) No 515/97Article 18a – paragraph 6 – subparagraph 3


The arrangement or memorandum of understanding based on which the transfer of data may take place under this paragraph shall include, inter alia, data protection principles such as the possibility for data subjects to exercise their rights of access and correction and to seek administrative and judicial redress, as well as an independent oversight mechanism to ensure compliance with the data protection safeguards.

The transfer of data under this paragraph shall respect data protection principles, the possibility for data subjects to exercise their rights of access and correction and to seek administrative and judicial redress, as well as an independent oversight mechanism to ensure compliance with the data protection safeguards.

Amendment 20

Proposal for a regulationArticle 1 – point 3 – point cRegulation (EC) No 515/97Article 18 a – paragraph 6 – subparagraph 4 a (new)


The Commission shall be empowered to adopt delegated acts in accordance with Article 43 in order to amend the list of international organisations and/or Union institutions/agencies which contribute to the protection of the financial interests of the Union and the correct application of

25

customs legislation.

Amendment 21

Proposal for a regulationArticle 1 – point 3 – point cRegulation (EC) No 515/97Article 18 a – paragraph 6 – subparagraph 4 b (new)


The Commission shall consult business representatives regarding the development of delegated acts referred to in Article 18a(6).

Amendment 22

Proposal for a regulationArticle 1 – point 4 – point aRegulation (EC) No 515/97Article 18 b – paragraph 2


2. The Commission may make expertise, technical or logistical assistance, training or communication activity or any other operational support available to the Member States both for the achievement of the objectives of this Regulation and in the performance of Member States’ duties in the framework of the implementation of the customs cooperation provided for by Article 87 of the Treaty on the Functioning of the European Union. For that purpose, the Commission shall establish appropriate technical systems.

2. The Commission shall ensure that expertise, technical or logistical assistance, training or communication activity or any other operational support is available to the Member States both for the achievement of the objectives of this Regulation and in the performance of Member States' duties in the framework of the implementation of the customs cooperation provided for by Article 87 of the Treaty on the Functioning of the European Union. For that purpose, the Commission shall establish appropriate technical systems.

Amendment 23

Proposal for a regulationArticle 1 – point 4 – point bRegulation (EC) No 515/97Article 18 b – paragraph 3


(b) The following paragraph 3 is added: deleted

26

‘3. The European Data Protection Supervisor shall supervise compliance of all the technical systems provided under this Article with Regulation (EC) No 45/2001.’

Amendment 24

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 c – paragraph 1


The public or private service providers active in the international supply chain referred to in Article 18a(1) that store data on the movement and status of containers or have access to such data shall report to the Commission Container Status Messages (“CSMs’).

Maritime carriers that store data on the movement and status of containers or have access to such data shall report to the Commission Container Status Messages (CSMs).

Amendment 25



2. The required CSMs shall be reported in either of the following situations:

2. The required CSMs shall be reported for containers destined to be brought by vessel into the customs territory of the Union from a third country;

Amendment 26

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 c – paragraph 2 – point b


(b) containers leaving the customs territory of the Union to a third country by vessel.

deleted

27

Amendment 27



3. The required CSMs shall report the events referred to in Article 18f insofar as they are known to the reporting public or private service provider active in the international supply chain.

3. The required CSMs shall report the events referred to in Article 18f insofar as they are known to the reporting public or private service provider active in the international supply chain and for which the data has been generated or collected in the electronic container tracking equipment.

Amendment 28



4. The Commission shall establish and manage a directory of reported CSMs, the ‘CSM directory’.

4. The Commission shall establish and manage a directory of reported CSMs (the ‘CSM directory’). The CSM directory shall form part of the directory referred to in Article 18a and shall not contain personal data.

Amendment 29

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 f – paragraph 2


2. The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and the method of transmission of the CSMs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).

2. The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and the method of transmission of the CSMs, and regarding obligations that may pertain to containers that are brought into the Union due to diversions. Those

28

implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).

Amendment 30

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 f – paragraph 2 a (new)


2a. Pursuant to Article 18a(1), the Commission shall establish by means of an implementing act the means by which the agreement of service providers shall be obtained prior to the transferral of their filed CSMs to other organisations or bodies.

Amendment 31

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 f – paragraph 2 b (new)


2b. The Commission is urged to consult closely with business representatives of the container liner shipping industry concerning the preparation of the delegated and implementing acts referred to in this Article. They may be invited to participate in the relevant committee meetings and expert groups that shall be used to develop such acts.

Amendment 32

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 g – paragraph 1


1. The Commission shall establish and 1. The Commission shall establish and

29

manage a directory containing data on import, export and transit of goods, including transit within a Member State, as detailed in Annexes 37 and 38 of Commission Regulation (EEC) No 2454/93, the ‘Import, export, transit directory’. The Member States shall authorise the Commission to systematically replicate data relating to import, export and transit from the sources operated by the Commission on the basis of Regulation (EEC) No 2913/92 establishing the Community Customs Code. The Member States shall supply to the Commission data concerning the transit of goods within a Member State and direct export.

manage a directory containing data on import and transit of goods, including transit within a Member State, as detailed in Annexes 37 and 38 of Commission Regulation (EEC) No 2454/93 (the ‘Import, export, transit directory’). The Member States shall authorise the Commission to systematically replicate data relating to import and transit from the sources operated by the Commission on the basis of Regulation (EEC) No 2913/92 establishing the Community Customs Code. The Member States shall, at the earliest possible date, supply to the Commission data concerning the transit of goods within a Member State. Information provided on natural and legal persons shall be used for the purposes of this Regulation only.

Amendment 33

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 g – paragraph 3 – subparagraph 2


Without prejudice to Regulation (EC) No 45/2001, the Commission may transfer, subject to the agreement of the supplying Member State, selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations and/or EU institutions/agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

The Commission may transfer, subject to the agreement of the supplying Member State, selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations including the World Customs Organisation, the International Maritime Organisation, the International Civil Aviation Organisation and the International Air Transport Association, as well as Europol, which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

Amendment 34


30

Article 1 – point 5Regulation (EC) No 515/97Article 18g – paragraph 3 a (new)


3a. The Commission shall present, on an annual basis, the results provided by that directory to the European Parliament and the Council, pursuant to Article 51a.

Amendment 35

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18g – paragraph 4 – subparagraph 1


4. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Commission in the context of data included in this directory.

deleted

Amendment 36

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18g – paragraph 4 – subparagraph 3


The import, export, transit directory shall be subject to prior checking by the European Data Protection Supervisor in accordance with Article 27 of Regulation (EC) No 45/2001.

deleted

Amendment 37

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18g – paragraph 5


5. The import, export, transit directory deleted

31

shall not include the special categories of data within the meaning of Article 10(5) of Regulation (EC) No 45/2001.

The Commission shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing.

Amendment 38

Proposal for a regulationArticle 1 – point 5Regulation (EC) 515/97Article 18 h – paragraph 1


1. The Commission may obtain directly from the economic operators documents supporting import and export declarations, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1).

1. The Commission may, following a request to a Member State as referred to in paragraph 1a and in accordance with Article 14 of Regulation 2913/92, obtain directly from economic operators documents supporting import and transit declarations and for which supporting documents have been generated or collected by the economic operators, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1) with either the explicit authorisation of a Member State or with the tacit authorisation specified in 18h(1b). The Commission shall notify all Member States likely to be involved in a subsequent enquiry of the request in parallel with the request being made. The Commission shall provide the Member State where the economic operator is established with a copy of the request in parallel with the request being made. The Commission shall provide copies of the response and of the supporting documents from the economic operator to the Member State where the economic operator is established within one week of receipt of a response.

32

Amendment 39

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 h – paragraph 1 a (new)


1a. Following a request from the Commission to a Member State for documents supporting an import or transit declaration, the Member State shall, in accordance with Article 14 of Regulation 2913/92, have three weeks within which to either:

- answer the request and provide the requested documentation;

- notify the Commission that the Member State has requested the documentation from the economic operator;

- request, for operational reasons, a further two weeks to fulfil the request; or

- decline the request and notify the Commission that the request was impossible to fulfil by means of due diligence, for instance due to the failure of the economic operator to provide the requested information or by a refusal decision taken by a Member State judicial authority in accordance with Article 3 of this Regulation.

Amendment 40

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18 h – paragraph 1 b(new)


1b. If the Member State does not:

- respond with the requested documents;

- notify the Commission that the Member State has requested the documents from the economic operator;

33

- request, for operational reasons, a further two weeks to fulfil the request; or

- decline the request

within the initial three-week period, it shall be considered to have given its tacit authorisation for the Commission to request documents supporting an import or transit declaration directly from the economic operator.

Amendment 41

Proposal for a regulationArticle 1 – point 5Regulation (EC) No 515/97Article 18h – paragraph 2


2. Within the time limits obliging economic operators to maintain the relevant documentation, economic operators shall provide the Commission upon request with the information mentioned in paragraph 1.

2. Within the time limits obliging economic operators to maintain the relevant documentation, economic operators shall provide the Commission upon request with the information mentioned in paragraph 1 within three weeks.

Amendment 42

Proposal for a regulationArticle 1 – point 5 a (new)Regulation (EC) No 515/97Article 21 – paragraph 1


5a. Article 21(1) is replaced by the following:

1. The findings and information obtained in the course of the Community missions referred to in Article 20 of this Regulation, and in particular documents passed on by the competent authorities of the third countries concerned, shall be handled in accordance with Article 45 of this Regulation.

‘1. The findings and information obtained in the course of the Community missions referred to in Article 20 of this Regulation, and in particular documents passed on by the competent authorities of the third countries concerned, as well as the information obtained during the course of an administrative enquiry, including by the Commission’s services, shall be handled in accordance with Article 45 of

34

this Regulation.’

Amendment 43

Proposal for a regulationArticle 1 – point 8 – point aRegulation (EC) No 515/97Article 29 – paragraph 1


Access to data included in the CIS shall be reserved exclusively for the national authorities designated by each Member State and the departments designated by the Commission. These national authorities shall be customs administrations but may also include other authorities competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the aim stated in Article 23(2).

Access to data included in the CIS shall be reserved for the national authorities designated by each Member State and the departments designated by the Commission. These national authorities shall be customs administrations but may also include other authorities competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the aim stated in Article 23(2).

Amendment 44

Proposal for a regulationArticle 1 – point 9 a (new)Regulation (EC) No 515/97Article 30 – paragraph 4


9a. Article 30(4) is replaced by the following:

4. Data obtained from the CIS may, with the prior authorization of, and subject to any conditions imposed by, the Member State which included them in the System, be communicated for use by national authorities other than those referred to in paragraph 2, third countries and international or regional organizations wishing to make use of them. Each Member State shall take special measures to ensure the security of such data when they are being transmitted or supplied to departments located outside its territory.

4. Data obtained from the CIS may, with the prior authorization of, and subject to any conditions imposed by, the Member State which included them in the System, be communicated for use by national authorities other than those referred to in paragraph 2, third countries and international or regional organizations and/or Union agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation. Each Member State shall take special measures to ensure the security of such data when they are being transmitted or supplied to departments

35

located outside its territory.

The provisions referred to in the first subparagraph shall apply mutatis mutandis to the Commission where it has entered the data in the System.

The provisions referred to in the first subparagraph shall apply mutatis mutandis to the Commission where it has entered the data in the System.

Amendment 45

Proposal for a regulationArticle 1 – point 11Regulation (EC) No 515/97Article 33


Data included in the CIS shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years. If personal data are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.

Data included in the CIS shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years.

Amendment 46

Proposal for a regulationArticle 1 – point 13 – point cRegulation (EC) No 515/97Article 38 – paragraph 3


3. The Commission shall verify that the searches carried out were authorized and were carried out by authorised users. At least 1% of all searches made shall be verified. A record of such searches and verifications shall be entered into the system and shall be used only for the said verifications. It shall be deleted after six months.

3. The Commission shall verify that the searches carried out were authorized and were carried out by authorised users. The level of verification shall depend on the extent of the area to be verified, the severity of the infringement and expected amount of revenue affected, but shall always be equal to 1 % or more of searches made. A record of such searches and verifications shall be entered into the system and shall be used only for the said verifications. It shall be deleted after six months.

36

Amendment 47

Proposal for a regulationArticle 1 – point 14 – point aRegulation (EC) No 515/97Article 41 d – paragraph 1– introductory part


‘1. The period for which data may be stored shall depend on the laws, regulations and procedures of the Member State supplying them. The maximum and non-cumulative periods, calculated from the date of entry of the data in the investigation file, which may not be exceeded are as follows:

‘1. The period for which data may be stored shall depend on the laws, regulations and procedures of the Member State supplying them. The need for the retention of data shall be reviewed by the supplying Member State. The maximum and non-cumulative periods, calculated from the date of entry of the data in the investigation file, which may not be exceeded are as follows:

Amendment 48

Proposal for a regulationArticle 1 – point 14 – point bRegulation (EC) No 515/97Article 41 d – paragraph 3


‘3. The Commission shall anonymise the data as soon as the maximum storage period provided for in paragraph 1 has elapsed.’

‘3. The Commission shall make anonymous or delete the data as soon as the maximum storage period provided for in paragraph 1 has elapsed.’

Amendment 49

Proposal for a regulationArticle 1 – point 15Regulation (EC) No 515/97Article 43 – point 2


2. The power to adopt delegated acts referred to in Articles 18f(1) and 23(4) shall be conferred on the Commission for an indeterminate period of time from [dd/mm/yyyy] [insert date of entry into force of this Regulation].

2. The power to adopt delegated acts referred to in Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) shall be conferred on the Commission for an indeterminate period of time from …*

37

_____________

* OJ: please insert the date of entry into force of this Regulation.

Amendment 50



3. The power to adopt delegated acts referred to in Articles 18f(1) and 23(4) 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 the power specified in that decision. It shall take effect on the day following 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.

3. The power to adopt delegated acts referred to in Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) 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 the power specified in that decision. It shall take effect on the day following 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.

Amendment 51



5. A delegated act adopted pursuant to Articles 18f(1) and 23(4) shall enter into force only if no objection has been expressed by either 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.

5. A delegated act adopted pursuant to Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) shall enter into force only if no objection has been expressed by either 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

38

the European Parliament or of the Council.

Amendment 52

Proposal for a regulationArticle 1 a (new)


Article 1a

By …*, the Commission shall carry out an assessment of:

- the necessity of extending the data contained in the directory referred in Article 18a of Regulation (EC) No 515/97 by including data on export, and

- the feasibility of extending the data contained in the directory referred in Article 18a of Regulation (EC) No 515/97 by including data on import and transit of goods by land and air.

______________* OJ: please insert the date: two years after the date of entry into force of this Regulation.

Amendment 53

Proposal for a regulationArticle 2 – paragraph 2


For public or private service providers who, at the time of the entry into force of this Regulation, are bound by private contracts that prevent them from fulfilling their obligation stipulated in Article 18c(1), this shall take effect one year after the Regulation has entered into force.

For public or private service providers who, at the time of the entry into force of this Regulation, are bound by private contracts that prevent them from fulfilling their obligation stipulated in Article 18c(1), this shall take effect no earlier than one year after the required delegated and implementing acts referred to in Articles 18f(1)and 18f(2) enter into force.

39

P7_TA-PROV(2014)0345

Information in the field of technical regulations and rules on Information Society services ***I

European Parliament legislative resolution of 15 April 2014 on the amended proposal for a directive of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text) (COM(2013)0932 – C7-0006/2014 – 2010/0095(COD))

(Ordinary legislative procedure – codification)


– having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0179) and the amended proposal (COM(2013)0932),

– having regard to Article 294(2) and Articles 114, 337 and 43 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0006/2014),


– having regard to the opinions of the European Economic and Social Committee1;

– having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts2,

– having regard to Rules 86 and 55 of its Rules of Procedure,

– having regard to the report of the Committee on Legal Affairs (A7-0247/2014),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;



1 Opinion of 14 July 2010 (OJ C 44, 11.2.2011, p. 142) and opinion of 26 February 2014 (not yet published in the Official Journal).

2 OJ C 102, 4.4.1996, p. 2.

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P7_TC1-COD(2010)0095

Position of the European Parliament adopted at first reading on 15 April 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 337 and 43 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinions of the European Economic and Social Committee1,

Acting in accordance with the ordinary legislative procedure2,

Whereas:

(1) Directive 98/34/EC of the European Parliament and of the Council3 has been substantially amended several times4. In the interests of clarity and rationality the said Directive should be codified.

(2) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. Therefore, the prohibition of quantitative restrictions on the movement of goods and of measures having an equivalent effect is one of the basic principles of the Union.

(3) In order to promote the smooth functioning of the internal market, as much transparency as possible should be ensured as regards national initiatives for the establishment of technical regulations.

(4) Barriers to trade resulting from technical regulations relating to products may be allowed only where they are necessary in order to meet essential requirements and have an objective in the public interest of which they constitute the main guarantee.

TEXT HAS NOT YET UNDERGONE LEGAL-LINGUISTIC FINALISATION.1 Opinion of 14 July 2010 (OJ C 44, 11.2.2011, p. 142) and opinion of 26 February 2014 (not yet

published in the Official Journal).2 Position of the European Parliament of 15 April 2014.3 Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down

a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37).

4 See Annex III, Part A.

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(5) It is essential for the Commission to have the necessary information at its disposal before the adoption of technical provisions. Consequently, the Member States which are required to facilitate the achievement of its task pursuant to Article 4(3) of the Treaty on European Union (TEU) must notify it of their projects in the field of technical regulations.

(6) All the Member States must also be informed of the technical regulations contemplated by any one Member State.

(7) The aim of the internal market is to create an environment that is conducive to the competitiveness of undertakings. Increased provision of information is one way of helping undertakings to make more of the advantages inherent in this market. It is therefore necessary to enable economic operators to give their assessment of the impact of the national technical regulations proposed by other Member States, by providing for the regular publication of the titles of notified drafts and by means of the provisions relating to the confidentiality of such drafts.

(8) It is appropriate, in the interests of legal certainty, that Member States publicly announce that a national technical regulation has been adopted in accordance with the formalities laid down in this Directive.

(9) As far as technical regulations for products are concerned, the measures designed to ensure the proper functioning or the continued development of the market include greater transparency of national intentions and a broadening of the criteria and conditions for assessing the potential effect of the proposed regulations on the market.

(10) It is therefore necessary to assess all the requirements laid down in respect of a product and to take account of developments in national practices for the regulation of products.

(11) Requirements, other than technical specifications, referring to the life cycle of a product after it has been placed on the market are liable to affect the free movement of that product or to create obstacles to the proper functioning of the internal market.

(12) It is necessary to clarify the concept of a de facto technical regulation. In particular, the provisions by which the public authority refers to technical specifications or other requirements, or encourages the observance thereof, and the provisions referring to products with which the public authority is associated, in the public interest, have the effect of conferring on such requirements or specifications a more binding value than they would otherwise have by virtue of their private origin.

(13) The Commission and the Member States must also be allowed sufficient time in which to propose amendments to a contemplated measure, in order to remove or reduce any barriers which it might create to the free movement of goods.

(14) The Member State concerned must take account of these amendments when formulating the definitive text of the measure envisaged.

(15) It is inherent in the internal market that, in particular where the principle of mutual recognition cannot be implemented by the Member States, the Commission adopts or proposes the adoption of binding acts. A specific temporary standstill period has been established in order to prevent the introduction of national measures from compromising

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the adoption of binding acts by the European Parliament and the Council or by the Commission in the same field.

(16) The Member State in question must, pursuant to the general obligations laid down in Article 4(3) of the TEU, defer implementation of the contemplated measure for a period sufficient to allow either a joint examination of the proposed amendments or the preparation of a proposal for a legislative act or the adoption of a binding act of the Commission.

(17) With a view to facilitating the adoption of measures by the European Parliament and the Council , Member States should refrain from adopting technical regulations once the Council has adopted a position at first reading on a Commission proposal concerning that sector.

(18) It is necessary to envisage a Standing Committee, the members of which are appointed by the Member States, with the task of cooperating in the efforts of the Commission to lessen any adverse effects on the free movement of goods.

(19) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the directives set out in Annex III, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. For the purposes of this Directive, the following meanings shall apply:

(a) ‘product’, any industrially manufactured product and any agricultural product, including fish products;

(b) ‘service’, any Information Society service, that is to say, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.

For the purposes of this definition:

(i) ‘at a distance’ means that the service is provided without the parties being simultaneously present,

(ii) ‘by electronic means’ means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means,

(iii) ‘at the individual request of a recipient of services’ means that the service is provided through the transmission of data on individual request.

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An indicative list of services not covered by this definition is set out in Annex I;

(c) ‘technical specification’, a specification contained in a document which lays down the characteristics required of a product such as levels of quality, performance, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures.

The term ‘technical specification’ also covers production methods and processes used in respect of agricultural products as referred to Article 38(1), second subparagraph of the TFEU, products intended for human and animal consumption, and medicinal products as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council1, as well as production methods and processes relating to other products, where these have an effect on their characteristics;

(d) ‘other requirements’, a requirement, other than a technical specification, imposed on a product for the purpose of protecting, in particular, consumers or the environment, and which affects its life cycle after it has been placed on the market, such as conditions of use, recycling, reuse or disposal, where such conditions can significantly influence the composition or nature of the product or its marketing;

(e) ‘rule on services’, requirement of a general nature relating to the taking-up and pursuit of service activities within the meaning of point (b), in particular provisions concerning the service provider, the services and the recipient of services, excluding any rules which are not specifically aimed at the services defined in that point.

For the purposes of this definition:

(i) a rule shall be considered to be specifically aimed at Information Society services where, having regard to its statement of reasons and its operative part, the specific aim and object of all or some of its individual provisions is to regulate such services in an explicit and targeted manner,

(ii) a rule shall not be considered to be specifically aimed at Information Society services if it affects such services only in an implicit or incidental manner;

(f) ‘technical regulation’, technical specifications and other requirements or rules on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision of a service, establishment of a service operator or use in a Member State or a major part thereof, as well as laws, regulations or administrative

1 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

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provisions of Member States, except those provided for in Article 7, prohibiting the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service, or establishment as a service provider.

De facto technical regulations include:

(i) laws, regulations or administrative provisions of a Member State which refer either to technical specifications or to other requirements or to rules on services, or to professional codes or codes of practice which in turn refer to technical specifications or to other requirements or to rules on services, compliance with which confers a presumption of conformity with the obligations imposed by the aforementioned laws, regulations or administrative provisions,

(ii) voluntary agreements to which a public authority is a contracting party and which provide, in the general interest, for compliance with technical specifications or other requirements or rules on services, excluding public procurement tender specifications,

(iii) technical specifications or other requirements or rules on services which are linked to fiscal or financial measures affecting the consumption of products or services by encouraging compliance with such technical specifications or other requirements or rules on services; technical specifications or other requirements or rules on services linked to national social security systems are not included.

This comprises technical regulations imposed by the authorities designated by the Member States and appearing on a list drawn up and updated, where appropriate by the Commission before, in the framework of the Committee referred to in Article 2.

The same procedure shall be used for amending this list;

(g) ‘draft technical regulation’, the text of a technical specification or other requirement or of a rule on services, including administrative provisions, formulated with the aim of enacting it or of ultimately having it enacted as a technical regulation, the text being at a stage of preparation at which substantial amendments can still be made.

2. This Directive shall not apply to:

(a) radio broadcasting services;

(b) television broadcasting services covered by point (e) of Article 1(1) of Directive 2010/13/EU of the European Parliament and of the Council1.

1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

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3. This Directive shall not apply to rules relating to matters which are covered by Union legislation in the field of telecommunications services, as covered by Directive 2002/21/EC of the European Parliament and of the Council1.

4. This Directive shall not apply to rules relating to matters which are covered by Union legislation in the field of financial services, as listed non-exhaustively in Annex II to this Directive.

5. With the exception of Article 5(3), this Directive shall not apply to rules enacted by or for regulated markets within the meaning of Directive 2004/39/EC of the European Parliament and of the Council2 or by or for other markets or bodies carrying out clearing or settlement functions for those markets.

6. This Directive shall not apply to those measures Member States consider necessary under the Treaties for the protection of persons, in particular workers, when products are used, provided that such measures do not affect the products.

Article 2

A Standing Committee shall be set up consisting of representatives appointed by the Member States who may call on the assistance of experts or advisers; its chairman shall be a representative of the Commission.

The Committee shall draw up its own rules of procedure.

Article 3

1. The Committee shall meet at least twice a year.

The Committee shall meet in a specific composition to examine questions concerning Information Society services.

2. The Commission shall submit to the Committee a report on the implementation and application of the procedures set out in this Directive, and shall present proposals aimed at eliminating existing or foreseeable barriers to trade.

3. The Committee shall express its opinion on the communications and proposals referred to in paragraph 2 and may in this connection propose, in particular, that the Commission:

(a) ensure where necessary, in order to avoid the risk of barriers to trade, that initially the Member States concerned decide amongst themselves on appropriate measures;

1 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).

2 Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).

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(b) take all appropriate measures;

(c) identify the areas where harmonisation appears necessary, and, should the case arise, undertake appropriate harmonisation in a given sector.

4. The Committee must be consulted by the Commission:

(a) when deciding on the actual system whereby the exchange of information provided for in this Directive is to be effected and on any change to it;

(b) when reviewing the operation of the system provided for in this Directive.

5. The Committee may be consulted by the Commission on any preliminary draft technical regulation received by the latter.

6. Any question regarding the implementation of this Directive may be submitted to the Committee at the request of its chairman or of a Member State.

7. The proceedings of the Committee and the information to be submitted to it shall be confidential.

However, the Committee and the national authorities may, provided that the necessary precautions are taken, consult, for an expert opinion, natural or legal persons, including persons in the private sector.

8. With respect to rules on services, the Commission and the Committee may consult natural or legal persons from industry or academia, and where possible representative bodies, capable of delivering an expert opinion on the social and societal aims and consequences of any draft rule on services, and take notice of their advice whenever requested to do so.

Article 4

Member States shall communicate to the Commission, in accordance with Article 5(1), all requests made to standards institutions to draw up technical specifications or a standard for specific products for the purpose of enacting a technical regulation for such products as draft technical regulations, and shall state the grounds for their enactment.

Article 5

1. Subject to Article 7, Member States shall immediately communicate to the Commission any draft technical regulation, except where it merely transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice; they shall also let the Commission have a statement of the grounds which make the enactment of such a technical regulation necessary, where these have not already been made clear in the draft.

Where appropriate, and unless it has already been sent with a prior communication, Member States shall simultaneously communicate the text of the basic legislative or

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regulatory provisions principally and directly concerned, should knowledge of such text be necessary to assess the implications of the draft technical regulation.

Member States shall communicate the draft again under the conditions set out in the first and second subparagraphs of this paragraph if they make changes to the draft that have the effect of significantly altering its scope, shortening the timetable originally envisaged for implementation, adding specifications or requirements, or making the latter more restrictive.

Without prejudice to the provisions of Title VIII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council1, where, in particular, the draft seeks to limit the marketing or use of a chemical substance, preparation or product on grounds of public health or of the protection of consumers or the environment, Member States shall also forward either a summary or the references of all relevant data relating to the substance, preparation or product concerned and to known and available substitutes, where such information may be available, and communicate the anticipated effects of the measure on public health and the protection of the consumer and the environment, together with an analysis of the risk carried out as appropriate in accordance with the principles provided for in the relevant part of Section II.3 of Annex XV to Regulation (EC) No 1907/2006.

The Commission shall immediately notify the other Member States of the draft and all documents which have been forwarded to it; it may also refer this draft, for an opinion, to the Committee referred to in Article 2 and, where appropriate, to the committee responsible for the field in question.

With respect to the technical specifications or other requirements or rules on services referred to in point (iii) of the second subparagraph of point (f) of Article 1(1), the comments or detailed opinions of the Commission or Member States may concern only aspects which may hinder trade or, in respect of rules on services, the free movement of services or the freedom of establishment of service operators and not the fiscal or financial aspects of the measure.

2. The Commission and the Member States may make comments to the Member State which has forwarded a draft technical regulation; that Member State shall take such comments into account as far as possible in the subsequent preparation of the technical regulation.

3. Member States shall communicate the definitive text of a technical regulation to the Commission without delay.

4. Information supplied under this Article shall not be confidential except at the express request of the notifying Member State. Any such request shall be supported by reasons.

1 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

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In cases of this kind, if necessary precautions are taken, the Committee referred to in Article 2 and the national authorities may seek expert advice from physical or legal persons in the private sector.

5. When draft technical regulations form part of measures which are required to be communicated to the Commission at the draft stage under another Union act, Member States may make a communication within the meaning of paragraph 1 under that other act, provided that they formally indicate that the said communication also constitutes a communication for the purposes of this Directive.

The absence of a reaction from the Commission under this Directive to a draft technical regulation shall not prejudice any decision which might be taken under other Union acts.

Article 6

1. Member States shall postpone the adoption of a draft technical regulation for three months from the date of receipt by the Commission of the communication referred to in Article 5(1).

2. Member States shall postpone:

– for four months the adoption of a draft technical regulation in the form of a voluntary agreement within the meaning of point (ii) of the second subparagraph of point (f) of Article 1(1),

– without prejudice to paragraphs 3, 4 and 5, for six months the adoption of any other draft technical regulation (except for draft rules on services),

from the date of receipt by the Commission of the communication referred to in Article 5(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of goods within the internal market,

– without prejudice to paragraphs 4 and 5, for four months the adoption of any draft rule on services, from the date of receipt by the Commission of the communication referred to in Article 5(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of services or to the freedom of establishment of service operators within the internal market.

With regard to draft rules on services, detailed opinions from the Commission or Member States may not affect any cultural policy measures, in particular in the audiovisual sphere, which Member States might adopt in accordance with the law of the Union, taking account of their linguistic diversity, their specific national and regional characteristics and their cultural heritage.

The Member State concerned shall report to the Commission on the action it proposes to take on such detailed opinions. The Commission shall comment on this reaction.

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With respect to rules on services, the Member State concerned shall indicate, where appropriate, the reasons why the detailed opinions cannot be taken into account.

3. With the exclusion of draft rules relating to services, Member States shall postpone the adoption of a draft technical regulation for twelve months from the date of receipt by the Commission of the communication referred to in Article 5(1) if, within three months of that date, the Commission announces its intention of proposing or adopting a directive, regulation or decision on the matter in accordance with Article 288 of the TFEU.

4. Member States shall postpone the adoption of a draft technical regulation for 12 months from the date of receipt by the Commission of the communication referred to in Article 5(1) if, within the three months following that date, the Commission announces its finding that the draft technical regulation concerns a matter which is covered by a proposal for a directive, regulation or decision presented to the European Parliament and the Council in accordance with Article 288 of the TFEU.

5. If the Council adopts a position at first reading during the standstill period referred to in paragraphs 3 and 4, that period shall, subject to paragraph 6, be extended to 18 months.

6. The obligations referred to in paragraphs 3, 4 and 5 shall lapse:

(a) when the Commission informs the Member States that it no longer intends to propose or adopt a binding act;

(b) when the Commission informs the Member States of the withdrawal of its draft or proposal;

(c) when a binding act has been adopted by the Commission or by the European Parliament and the Council.

7. Paragraphs 1 to 5 shall not apply in cases where:

(a) for urgent reasons, occasioned by serious and unforeseeable circumstances relating to the protection of public health or safety, the protection of animals or the preservation of plants, and for rules on services, also for public policy, notably the protection of minors, a Member State is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible; or

(b) for urgent reasons occasioned by serious circumstances relating to the protection of the security and the integrity of the financial system, notably the protection of depositors, investors and insured persons, a Member State is obliged to enact and implement rules on financial services immediately.

In the communication referred to in Article 5, the Member State shall give reasons for the urgency of the measures taken. The Commission shall give its views on the communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure. The European Parliament shall be kept informed by the Commission.

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Article 7

1. Articles 5 and 6 shall not apply to those laws, regulations and administrative provisions of the Member States or voluntary agreements by means of which Member States:

(a) comply with binding Union acts which result in the adoption of technical specifications or rules on services;

(b) fulfil the obligations arising out of international agreements which result in the adoption of common technical specifications or rules on services in the Union;

(c) make use of safeguard clauses provided for in binding Union acts;

(d) apply Article 12(1) of Directive 2001/95/EC of the European Parliament and of the Council1;

(e) restrict themselves to implementing a judgment of the Court of Justice of the European Union;

(f) restrict themselves to amending a technical regulation within the meaning of point (f) of Article 1(1), in accordance with a Commission request, with a view to removing an obstacle to trade or, in the case of rules on services, to the free movement of services or the freedom of establishment of service operators.

2. Article 6 shall not apply to the laws, regulations and administrative provisions of the Member States prohibiting manufacture insofar as they do not impede the free movement of products.

3. Paragraphs 3 to 6 of Article 6 shall not apply to the voluntary agreements referred to in point (ii) of the second subparagraph of point (f) of Article 1(1).

4. Article 6 shall not apply to the technical specifications or other requirements or the rules on services referred to in point (iii) of the second subparagraph of point (f) of Article 1(1).

Article 8

The Commission shall report every two years to the European Parliament, the Council and the European Economic and Social Committee on the results of the application of this Directive.

The Commission shall publish annual statistics on the notifications received in the Official Journal of the European Union.

1 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).

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Article 9

When Member States adopt a technical regulation, it shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of its official publication. The methods of making such reference shall be laid down by Member States.

Article 10

Directive 98/34/EC, as amended by the acts listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex III, Part B of the repealed Directive and in Annex III, Part B of this Directive.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.

Article 11

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 12

This Directive is addressed to the Member States.

Done at

For the European Parliament For the CouncilThe President The President

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ANNEX I

Indicative list of services not covered by the second subparagraph of point (b) of Article 1(1)

1. SERVICES NOT PROVIDED ‘AT A DISTANCE’

Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices:

(a) medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;

(b) consultation of an electronic catalogue in a shop with the customer on site;

(c) plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;

(d) electronic games made available in a video-arcade where the customer is physically present.

2. SERVICES NOT PROVIDED ‘BY ELECTRONIC MEANS’

– Services having material content even though provided via electronic devices:

(a) automatic cash or ticket dispensing machines (banknotes, rail tickets);

(b) access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made,

Off-line services: distribution of CD roms or software on diskettes,

Services which are not provided via electronic processing/inventory systems:

(a) voice telephony services;

(b) telefax/telex services;

(c) services provided via voice telephony or fax;

(d) telephone/telefax consultation of a doctor;

(e) telephone/telefax consultation of a lawyer;

(f) telephone/telefax direct marketing.

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3. SERVICES NOT SUPPLIED ‘AT THE INDIVIDUAL REQUEST OF A RECIPIENT OF SERVICES’

Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):

(a) television broadcasting services (including near-video on-demand services), covered by point (e) of Article 1(1) of Directive 2010/13/EU;

(b) radio broadcasting services;

(c) (televised) teletext.

_____________

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ANNEX II

Indicative list of the financial services covered by Article 1(4)

– Investment services,

Insurance and reinsurance operations,

Banking services,

Operations relating to pension funds,

Services relating to dealings in futures or options.

Such services include in particular:

(a) investment services referred to in the Annex to Directive 2004/39/EC; services of collective investment undertakings;

(b) services covered by the activities subject to mutual recognition referred to in Annex I to Directive 2013/36/EU of the European Parliament and of the Council1;

(c) operations covered by the insurance and reinsurance activities referred to in Directive 2009/138/EC of the European Parliament and of the Council2.

_____________

1 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

2 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

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ANNEX III

Part A

Repealed Directive with list of the successive amendments thereto(referred to in Article 10)

Directive 98/34/EC of the European Parliament and of the Council(OJ L 204, 21.7.1998, p. 37)

Directive 98/48/EC of the European Parliament and of the Council(OJ L 217, 5.8.1998, p. 18)

Part 1, Title H of Annex II to Act of Accession 2004(OJ L 236, 23.9.2003, p. 68)

Only as regards the reference to point 2 of Directive 98/34/EC

Council Directive 2006/96/EC(OJ L 363 of 20.12.2006, p. 81)

Only as regards the reference to Article 1 of Directive 98/34/EC

Regulation (EU) No 1025/2012 of the European Parliament and of the Council(OJ L 316, 14.11.2012, p. 12)

Only Article 26(2)

Part B

List of time-limits for transposition into national law (referred to in Article 10)

Directive Time-limit for transposition

98/34/EC -

98/48/EC 5 August 1999

2006/96/EC 1 January 2007

_____________

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ANNEX IV

Correlation Table

Directive 98/34/EC This Directive

Article 1, first subparagraph, introductory wording

Article 1(1), introductory wording

Article 1, first subparagraph, point (1) Article 1(1), point (a)

Article 1, first subparagraph, point (2), first subparagraph

Article 1(1), point (b), first subparagraph

Article 1, first subparagraph, point (2), second subparagraph, first indent

Article 1(1), point (b), second subparagraph, point (i)

Article 1, first subparagraph, point (2), second subparagraph, second indent

Article 1(1), point (b), second subparagraph, point (ii)

Article 1, first subparagraph, point (2), second subparagraph, third indent

Article 1(1), point (b), second subparagraph, point (iii)

Article 1, first subparagraph, point (2), third subparagraph

Article 1(1), point (b), third subparagraph

Article 1, first subparagraph, point (2), fourth subparagraph, introductory wording

Article 1(2), introductory wording

Article 1, first subparagraph, point (2), fourth subparagraph, first indent

Article 1(2), point (a)

Article 1, first subparagraph, point (2), fourth subparagraph, second indent

Article 1(2), point (b)

Article 1, first subparagraph, point (3) Article 1(1), point (c)

Article 1, first subparagraph, point (4) Article 1(1), point (d)


Article 1(1), point (e), first subparagraph

Article 1, first subparagraph, point (5), second subparagraph

Article 1(3)


Article 1(4)

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Article 1, first subparagraph, point (5), fourth subparagraph

Article 1(5)

Article 1, first subparagraph, point (5), fifth subparagraph, introductory sentence

Article 1(1), point (e), second subparagraph, introductory sentence

Article 1, first subparagraph, point (5), fifth subparagraph, first indent

Article 1(1), point (e), second subparagraph, point (i)

Article 1, first subparagraph, point (5), fifth subparagraph, second indent

Article 1(1), point (e), second subparagraph, point (ii)


Article 1(1), point (f), first subparagraph

Article 1, first subparagraph, point (11), second subparagraph, introductory sentence

Article 1(1), point (f), second subparagraph, introductory sentence

Article 1, first subparagraph, point (11) second subparagraph, first indent

Article 1(1), point (f), second subparagraph, point (i)

Article 1, first subparagraph, point (11), second subparagraph, second indent

Article 1(1), point (f), second subparagraph, point (ii)

Article 1, first subparagraph, point (11), second subparagraph, third indent

Article 1(1), point (f), second subparagraph, point (iii)


Article 1(1), point (f), third subparagraph

Article 1, first subparagraph, point (11), fourth subparagraph

Article 1(1), point (f), fourth subparagraph

Article 1, first subparagraph, point (12) Article 1(1), point (g)

Article 1, second subparagraph Article 1(6)

Article 5 Article 2

Article 6(1) and (2) Article 3(1) and (2)

Article 6(3), introductory wording Article 3(3), introductory wording

Article 6(3), second indent Article 3(3), point (a)

Article 6(3), third indent Article 3(3), point (b)

Article 6(3), fourth indent Article 3(3), point (c)


58

Article 6(4), point (c) Article 3(4), point (a)

Article 6(4), point (d) Article 3(4), point (b)

Article 6(5) to (8) Article 3(5) to (8)

Article 7 Article 4

Article 8 Article 5

Article 9(1) to (5) Article 6(1) to (5)


Article 9(6), first indent Article 6(6), point (a)

Article 9(6), second indent Article 6(6), point (b)

Article 9(6), third indent Article 6(6), point (c)

Article 9(7), first subparagraph, introductory wording

Article 6(7), first subparagraph, introductory wording

Article 9(7), first subparagraph, first indent

Article 6(7), first subparagraph, point (a)

Article 9(7), first subparagraph, second indent

Article 6(7), first subparagraph, point (b)

Article 9(7), second subparagraph Article 6(7), second subparagraph


Article 10(1), first indent Article 7(1), point (a)

Article 10(1), second indent Article 7(1), point (b)

Article 10(1), third indent Article 7(1), point (c)

Article 10(1), fourth indent Article 7(1), point (d)

Article 10(1), fifth indent Article 7(1), point (e)

Article 10(1), sixth indent Article 7(1), point (f)

Article 10(2), (3) and (4) Article 7(2), (3) and (4)

Article 11, first sentence Article 8, first subparagraph

Article 11, second sentence Article 8, second subparagraph

Article 12 Article 9

59

Article 13 -

- Article 10



Annexe III -

Annexe IV -

Annexe V Annexe I

Annexe VI Annexe II

- Annexe III

- Annexe IV

_____________

60

P7_TA-PROV(2014)0346

Accession of Croatia to the 1990 Convention on the elimination of double taxation *

European Parliament legislative resolution of 15 April 2014 on the recommendation for a Council decision concerning the accession of Croatia to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (COM(2013)0586 – C7-0381/2013 – 2013/0308(CNS))

(Special legislative procedure – consultation)


– having regard to the Commission recommendation to the Council (COM(2013)0586),

– having regard to Article 3(4) and (5) of the Act of Accession of Croatia, pursuant to which the Council consulted Parliament (C7-0381/2013),


– having regard to the report of the Committee on Economic and Monetary Affairs (A7-0214/2014),

1. Approves the Commission recommendation as amended;

2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3. Calls on the Council, when deciding on the date of application of the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, to take into account Parliament's concerns regarding the need to minimise the tax burden on tax payers;

4. Asks the Council to consult Parliament again if it intends to amend the Commission recommendation substantially;

5. Instructs its President to forward its position to the Council, the Commission and the governments and national parliaments of Croatia and of the other Member States.

Amendment 1

Proposal for a decisionArticle 3


The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of

The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of

61

8 December 2004, Decision 2008/492/EC, as well as this Decision, enters into force on XXX [date] between Croatia and each of the other Member States of the European Union.

8 December 2004, Decision 2008/492/EC, as well as this Decision, enters into force on ...* between Croatia and each of the other Member States of the European Union.

______________

* OJ please insert date: the day following that of publication of this Decision in the Official Journal of the European Union.

62

P7_TA-PROV(2014)0347

Shift2Rail Joint Undertaking *

European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation establishing the Shift2Rail Joint Undertaking (COM(2013)0922 – C7-0034/2014 – 2013/0445(NLE))

(Consultation)


– having regard to the Commission proposal to the Council (COM(2013)0922,

– having regard to Articles 187 and the first paragraph of Article 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0034/2014),


– having regard to the report of the Committee on Industry, Research and Energy (A7-0259/2014),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

5. Instructs its President to forward its position to the Council and the Commission.

63

Amendment 1



(3) Regulation (EU) No …/2013 of the European Parliament and of the Council of … 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation for the period 2014-2020 (‘Horizon 2020 Framework Programme’)12 aims to achieve a greater impact of research and innovation efforts by combining EU and private-sector funds in public-private partnerships (PPPs) in areas where research and innovation can contribute to the Union's wider competitiveness goals and help tackle societal challenges. The Union involvement in these partnerships can take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty.

(3) Regulation (EU) No 1291/2013 of the European Parliament and of the Council12 (‘the Horizon 2020 Framework Programme’) aims to achieve a greater impact on research and innovation by combining Horizon 2020 Framework Programme and private-sector funds in public-private partnerships in key areas where research and innovation can contribute to the Union's wider competitiveness goals, leverage private investment, and help tackle societal challenges. Those partnerships should be based on a long-term commitment, including a balanced contribution from all partners, be accountable for the achievement of their targets and be aligned with the Union's strategic goals relating to research, development and innovation. The governance and functioning of those partnerships should be open, transparent, effective and efficient and give the opportunity to a wide range of stakeholders active in their specific areas to participate based on a long-term commitment. Union involvement in these partnerships can take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty under Decision No 1982/2006/EC of the European Parliament and of the Council12a ("the Seventh Framework Programme").

__________________ __________________12 OJ … [H2020 FP] 12 Regulation (EU) No 1291/2013 of the

European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision 1982/2006/EC (OJ L 347, 20.12.2013, p.

64

104.12a Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) ( OJ L 412, 30/12/2006, p. 1).

Amendment 2



(4) In accordance with Decision (EU) No …/2013 of the Council of … 2013 establishing the Specific Programme implementing Horizon 2020 (2014-2020)13

support may be provided to joint undertakings established in the Horizon 2020 Framework Programme under the conditions specified in that Decision.

(4) In accordance with Regulation (EU) No 1291/2013 and Council Decision 2013/743/EU13 support may be provided to joint undertakings established in the Horizon 2020 Framework Programme under the conditions specified in that Decision.

__________________ __________________13 OJ … [H2020 SP] 13 Council Decision 2013/743/EU of 3

December 2013 establishing the Specific Programme implementing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965)

Amendment 3



(7) The Shift2Rail Joint Undertaking (hereinafter ‘S2R Joint Undertaking’) should be a PPP aimed at stimulating and better coordinating Union research and innovation investments in the rail sector

(7) The Shift2Rail Joint Undertaking (hereinafter ‘S2R Joint Undertaking’) should be a PPP aimed at stimulating and better coordinating Union research and innovation investments in the rail sector

65

with a view to accelerating and facilitating the transition towards a more integrated, efficient, sustainable and attractive EU railway market, in line with the business needs of the rail sector and with the general objective of achieving a Single European Railway Area. In particular, the S2R Joint Undertaking should contribute to specific objectives defined in the 2011 White Paper and in the Fourth Railway Package, including the improved efficiency of the rail sector for the benefit of the public purse; a considerable expansion or upgrading of the capacity of the rail network, so as to enable rail to compete effectively and take a significantly greater proportion of passenger and freight transport; an improvement in the quality of rail services by responding to the needs of rail passengers and freight forwarders; the removal of technical obstacles holding back the sector in terms of interoperability; and the reduction of negative externalities linked to railway transport. The progress of the S2R Joint Undertaking towards meeting these objectives should be measured against key performance indicators.

while creating new employment opportunities, with a view to accelerating and facilitating the transition towards a more integrated, user-friendly, efficient, sustainable and attractive EU railway market, in line with the business needs of the rail sector and with the general objective of achieving a Single European Railway Area. In particular, the S2R Joint Undertaking should contribute to specific objectives defined in the 2011 White Paper and in the Fourth Railway Package, including the improved efficiency of the rail sector for the benefit of the public purse; a considerable expansion or upgrading of the capacity of the rail network, so as to enable rail to compete effectively and take a significantly greater proportion of passenger and freight transport; an improvement in the quality of rail services by responding to the needs of rail passengers and freight forwarders; the removal of technical obstacles holding back the sector in terms of interoperability; and the reduction of negative externalities linked to railway transport. The progress of the S2R Joint Undertaking towards meeting these objectives should be measured against key performance indicators.

Amendment 4



(7a) The S2R Joint Undertaking should operate in an open and transparent way providing all relevant information in a timely manner to its appropriate bodies as well as promoting its activities, including information and dissemination activities to the wider public. The rules of procedure of the bodies of the S2R Joint Undertaking should be made publicly available.

66

Amendment 5



(11a) The Horizon 2020 Framework Programme should contribute to the closing of the research and innovation divide within the Union by promoting synergies with the European Structural and Investment Funds (ESIF). Therefore the S2R Joint Undertaking should seek to develop close interactions with the ESIF, which can specifically help to strengthen local, regional and national research and innovation capabilities in the area of the S2R Joint Undertaking and underpin smart specialisation efforts.

Amendment 6



(12) In order to achieve its objectives, the S2R Joint Undertaking should provide financial support, mainly in the form of grants to members and through the most appropriate measures, such as procurement or the award of grants following calls for proposals.

(12) In order to achieve its objectives, to guarantee a fair participation of other enterprises in particular small and medium-sized enterprises (SMEs) and other investors and to support the modernization of an integrated European rail sector, the S2R Joint Undertaking should provide the Union contribution to the actions through open and transparent procedures mainly in the form of grants to members, such as procurement or the award of grants following open and transparent calls for proposals.

Amendment 7



(12a) With a view to the overall aim of the

67

Horizon 2020 Framework Programme of achieving greater simplification and harmonisation of the European research and innovation funding landscape, Joint Undertakings should establish simple governance models and avoid sets of rules that are different from those of the Horizon 2020 Framework Programme.

Amendment 8



(13) The S2R Joint Undertaking should operate in a transparent way providing all relevant available information to its appropriate bodies as well as promoting its activities accordingly.

(13) The S2R Joint Undertaking should operate in an open and transparent way and put in place a mechanism of consultation with all interested actors that make use of rail sector goods and services, providing all relevant available information to its appropriate bodies as well as promoting its activities accordingly.

Amendment 9



(13a) The S2R Joint Undertaking should also use electronic means managed by the Commission to ensure openness, transparency and facilitate participation. Therefore, the calls for proposals launched by the S2R Joint Undertaking should also be published on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission. Moreover, relevant data on inter alia proposals, applicants, grants and participants should be made available by S2R Joint Undertaking for inclusion in the Horizon 2020 reporting and dissemination electronic systems managed by the Commission, in an appropriate

68

format and with the periodicity corresponding to the Commission's reporting obligations.

Amendment 10



(14a) Without prejudice to the interim evaluation referred to in Article 11 and in accordance with Article 32 of Regulation (EU) No 1291/2013 and as part of the interim evaluation of the Horizon 2020 Framework Programme , Joint Undertakings as a particular funding instrument of the Horizon 2020 Framework Programme should be subject to an in-depth assessment which shall include, inter alia, an analysis of openness, transparency and efficiency of public-private partnerships based on Article 187 TFEU.

Amendment 11



(16) Participation in indirect actions funded by the S2R Joint Undertaking should comply with Regulation (EU) No … /2013 of the European Parliament and of the Council of … 2013 laying down the rules for participation and dissemination in ‘Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020)’16

(16) Participation in indirect actions funded by the S2R Joint Undertaking should comply with Regulation (EU) No 1290/2013 of the European Parliament and of the Council16. The S2R Joint Undertaking should, moreover, ensure consistent application of those rules based on relevant measures adopted by the Commission.

__________________ __________________16 OJ … [H2020 RfP] 16 Regulation (EU) No 1290/2013 of the

European Parliament and of the Council of 11 December 2013 laying down the rules for the participation and dissemination in "Horizon 2020 - the Framework Programme for Research and

69

Innovation (2014-2020)" and repealing Regulation (EC) No 1906/2006 (OJ 347, 20.12.2013, p. 81.

Amendment 12



(16a) The S2R Joint Undertaking should take into account the OECD definitions regarding Technological Readiness Level (TRL) in the classification of technological research, product development and demonstration activities.

Amendment 13



(20a) With a view to the overall aim of the Horizon 2020 Framework Programme to achieve greater simplification and coherence, all calls for proposals under the S2R Joint Undertaking should take into account the duration of the Horizon 2020 Framework Programme.

Amendment 14



(21) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article

(21) In view of the specific nature and the current status of the Joint Undertakings, and in order to ensure continuity with the Seventh Framework Programme, the Joint Undertakings should continue to be subject to a separate discharge. By way of derogation from Articles 60(7) and 209 of Regulation (EU, Euratom) No 966/2012, discharge for the implementation of the budget of the S2R Joint Undertaking

70

209 of Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies that the accounts of the S2R Joint Undertaking should not be subject to examination by the Court of Auditors.

should therefore be given by the European Parliament on the recommendation of the Council. Hence, the reporting requirements set out in Article 60(5) of Regulation (EU, Euratom) No 966/2012 should not apply to the contribution of the Union to the S2R Joint Undertaking but they should be aligned to the extent possible to the ones envisaged for bodies under Article 208 of that Regulation. The auditing of accounts and of the legality and regularity of the underlying transactions should be undertaken by the Court of Auditors.

Amendment 15



(23a) Given the importance of continuous innovation for the competitiveness of the Union's transport sector and the number of Joint Undertakings in this field, there should be an analysis in due time, notably in view of the interim evaluation of the Horizon 2020 Framework Programme, regarding the appropriateness of efforts in collaborative research in the field of transport.

Amendment 16



1. In order to coordinate and manage Union research and innovation investments in the European rail sector, a joint undertaking within the meaning of Article 187 of the Treaty (the ‘Shift2Rail Joint Undertaking’ or ‘S2R Joint Undertaking’) is hereby established until 31 December 2024.

1. In order to coordinate and manage Union research and innovation investments in the European rail sector, a joint undertaking within the meaning of Article 187 of the Treaty (the ‘Shift2Rail Joint Undertaking’ or ‘S2R Joint Undertaking’) is hereby established until 31 December 2024. In order to take into account the duration of the Horizon 2020 Framework Programme, calls for proposals under

71

S2R Joint Undertaking shall be launched at the latest by 31 December 2020. In duly justified cases calls for proposals may be launched until 31 December 2021.

Amendment 17

Proposal for a regulationArticle 2 – paragraph 1 – point b


(b) to contribute to the achievement of the Single European Railway Area, to a faster and cheaper transition to a more attractive, competitive, efficient and sustainable European rail system, and to a modal shift from road and air to rail, through a comprehensive and co-ordinated approach addressing the research and innovation needs of the rail system and its users. This approach shall cover rolling stock, infrastructure and traffic management for the market segments of freight and of long-distance, regional, local and urban passenger traffic, as well as intermodal links between rail and other modes, providing users with an integrated end-to-end solution for their rail travel and transport needs – from transaction support to en-route assistance.

(b) to contribute to the achievement of the Single European Railway Area, to a faster and cheaper transition to a more attractive, user-friendly (including for persons with reduced mobility), competitive, efficient and sustainable European rail system, to a modal shift from road and air to rail, and to the development of a strong and competitive European rail industry sector, through a comprehensive and co-ordinated approach addressing the research and innovation needs of the rail system and its users. This approach shall cover rolling stock, infrastructure and traffic management for the market segments of freight and of long-distance, regional, local and urban passenger traffic, as well as intermodal links between rail and other modes, providing users with an integrated end-to-end solution for their rail travel and transport needs – from transaction support to en-route assistance.

Amendment 18

Proposal for a regulationArticle 2 – paragraph 1 – point d


(d) to act as a central reference point on rail-related research and innovation actions funded at Union level, ensuring coordination among projects and providing all stakeholders with relevant information.

(d) to play a central role in rail-related research and innovation actions funded at Union level, ensuring coordination among projects and providing all stakeholders with relevant information.

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Amendment 19

Proposal for a regulationArticle 2 – paragraph 1 – point e


(e) to actively promote the participation and close involvement of all relevant stakeholders from the full rail value chain and from outside the traditional rail industry, in particular: manufacturers of railway equipment (both rolling stock and train control systems) and their supply chain, infrastructure managers, railway operators (both passenger and freight), rail vehicle leasing companies, certifying agencies, professional staff associations, user associations (both passenger and freight), as well as the relevant scientific institutions or the relevant scientific community. The involvement of small and medium sized enterprises (SMEs), as defined in Commission Recommendation 2003/361/EC20 , shall be encouraged.

(e) to actively promote the participation and close involvement of all relevant stakeholders from the full rail value chain and from outside the traditional rail industry, in particular: manufacturers of railway equipment (both rolling stock and train control and traffic management systems) and their supply chain, infrastructure managers, railway operators (both passenger and freight), rail vehicle leasing companies, certifying agencies, professional staff associations, user associations (both passenger and freight), as well as the relevant scientific institutions or the relevant scientific community. The involvement of small and medium sized enterprises (SMEs), as defined in Commission Recommendation 2003/361/EC20 , shall be encouraged.

__________________ __________________20 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36)

20 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36)

Amendment 20

Proposal for a regulationArticle 2 – paragraph 1 – point e a (new)


(ea) to implement measures that promote the participation of SMEs, universities and Research Centres. In this context, barriers preventing the participation of new comers in the S2R Joint Undertaking shall be identified and addressed.

73

Amendment 21

Proposal for a regulationArticle 2 – paragraph 1 – point e b (new)


(eb) to seek complementarity and close synergies with the European Structural and Investment Funds ("ESIF") in order to help close the research and innovation divide in Europe. Where possible, to promote interoperability between the Horizon 2020 Framework Programme and those Funds and to encourage cumulative or combined funding. In this context, measures will aim at fully exploiting the potential of Europe's talent pool and thereby optimising the economic and social impact of research and innovation and will be distinct yet complementary with regard to policies and actions of the ESIF.

Amendment 22

Proposal for a regulationArticle 3 – paragraph 1 – introductory part


1. The maximum Union financial contribution to the Shift2Rail initiative shall be EUR 450 million, including EFTA contributions, paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme, in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation. This amount includes:

1. The maximum Union financial contribution to the Shift2Rail initiative shall be EUR 450 million, including the contributions from the Member States of the European Free Trade Association (EFTA), paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme, in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation. This amount includes:

Amendment 23


74

Article 3 – paragraph 2


2. Additional funds complementing the contribution referred to in paragraph 1 may be allocated from other Union instruments to support actions for the deployment of mature outcomes of the S2R Joint Undertaking.

2. Additional funds complementing the contribution referred to in paragraph 1 may be allocated from other Union instruments to support actions for the deployment of mature innovative outcomes of the S2R Joint Undertaking.

Amendment 24

Proposal for a regulationArticle 3 – paragraph 4 – point d and d a (new)


(d) the arrangements regarding the provision of data necessary to ensure that the Commission is able to draft its research and innovation policy and to meet its dissemination and reporting obligations;

(d) the arrangements regarding the provision of data necessary to ensure that the Commission is able to meet its dissemination and reporting obligations; including on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission.

(da) provisions for the publication of calls for proposals of the S2RJoint Undertaking also on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission.

Amendment 25



4. For the purpose of valuing the in kind contributions referred to in point (b) of paragraph 2 and clause 15(3)(b) of the Statutes set out in Annex I, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting

4. For the purpose of valuing the contributions referred to in point (b) of paragraph 2 and clause 15(3)(b) of the Statutes set out in Annex I, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting

75

standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation of the contributions shall be verified by the S2R Joint Undertaking. In case of remaining uncertainties, the valuation may be audited by the S2R Joint Undertaking, as referred to in clause 20 of the Statutes.

standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation method may be verified by the S2R Joint Undertaking should there be any uncertainty arising from the certification. For the purposes of this Regulation, the costs incurred in additional activities shall not be audited by the S2RJoint Undertaking or any Union body.

Amendment 26



6. Further to paragraph 5, the Commission may terminate, proportionally reduce or suspend the Union financial contribution to the S2R Joint Undertaking or trigger the winding up procedure referred to in clause 23(2) of the Statutes set out in Annex I if those members or their affiliated entities do not contribute, contribute only partially or contribute late with regard to the contributions referred to in paragraph 2.

6. Further to paragraph 5, the Commission may terminate, proportionally reduce or suspend the Union financial contribution to the S2R Joint Undertaking or trigger the winding up procedure referred to in clause 23(2) of the Statutes set out in Annex I if those members or their affiliated entities do not contribute, contribute only partially or contribute late with regard to the contributions referred to in paragraph 2. The Commission decision shall not hinder the reimbursement of eligible costs already incurred or committed by the Members or the S2R Joint Undertaking by the time of the notification of the aforesaid decision to the S2R Joint Undertaking.

Amendment 27



The S2R Joint Undertaking shall adopt its specific financial rules in accordance with Article 209 of Regulation (EU, Euratom)

Without prejudice to Article 12, the S2R Joint Undertaking shall adopt its specific financial rules in accordance with Article

76

No 966/2012 and Regulation (EU) No … [Delegated Regulation on the Model Financial Regulation for bodies referred to in Article 209 of the Financial Regulation].

209 of Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No … [Delegated Regulation on the Model Financial Regulation for PPPs].

Amendment 28

Proposal for a regulationArticle 6 – paragraph 2 – subparagraph 2


The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2 paragraph 1 of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director is authorised to sub-delegate those powers.

The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall report back to the Governing Board on the delegated powers and shall be authorised to sub-delegate those powers.

Amendment 29



2. In the case of non-contractual liability, the S2R Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff in the performance of their duties.

2. In the case of non-contractual liability, the S2R Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff or members of the Governing Board in the performance of their duties.

Amendment 30



1. By 31 December 2017, the Commission 1. By 30 June 2017 the Commission shall

77

shall conduct an interim evaluation of the S2R Joint Undertaking. The Commission shall send the conclusions of the evaluation, and its observations, to the European Parliament and to the Council by 30 June 2018.

carry out, with the assistance of independent experts, an interim evaluation of the S2R Joint Undertaking, including an assessment of the involvement and openness to small and medium enterprises, as well as the administrative functioning of the S2R Joint Undertaking with a special focus on addressing any administrative challenges or burdens. The Commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the Commission. The Commission shall send that report to the European Parliament and to the Council by 31 December 2017. The results of the interim evaluation of S2R shall be taken into account in the in-depth assessment and in the interim evaluation referred to in Article 32 of Regulation (EU) No 1291/2013.

Amendment 31



1. The discharge of the budget implementation with regard to the Union contribution to the S2R Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with the procedure provided for in Article 319 of the Treaty.

1. By way of derogation from Articles 60(7) and 209 of Regulation No 966/2012, the discharge for the implementation of the budget of the S2R Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council in accordance with the procedure provided for in the financial rules of the S2R Joint Undertaking.

Amendment 32



2. The S2R Joint Undertaking shall fully cooperate with the institutions involved in the discharge procedure and provide, as appropriate, any necessary additional information. In this context, it may be

deleted

78

requested to be represented in meetings with the relevant institutions or bodies and assist the Commission authorising officer by delegation.

Amendment 33



1. Without prejudice to clause 19(4) of the Statutes set out in Annex I, the S2R Joint Undertaking shall grant Commission staff and other persons authorised by the S2R Joint Undertaking or the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits.

1. The S2R Joint Undertaking shall grant Commission staff and other persons authorised by the S2R Joint Undertaking or the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits.

Amendment 34

Proposal for a regulationArticle 14 – paragraph 5 a (new)


5a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result.

Amendment 35

Proposal for a regulationArticle 17 – paragraph 1 a (new)


With a view to the overall aim of the Horizon 2020 Framework Programme of achieving greater simplification and harmonisation of the European research

79

and innovation funding landscape, Joint Undertakings shall avoid sets of rules that are different from those of the Horizon 2020 Framework Programme.

Amendment 36

Proposal for a regulationAnnex I – clause 1 – paragraph 1


1. 'Associated Member' means a legal entity or a grouping or consortium of legal entities, established in a Member State or in a country associated to the Horizon 2020 Framework Programme, that has been selected according to the procedure set out in clause 4(2), that fulfils the conditions set out in clauses 4(3) and 4(4), and that has accepted the present Statutes by signing a letter of endorsement;

1. 'Associated Member' means a legal entity or a grouping or consortium of legal entities, established in a Member State or in a country associated to the Horizon 2020 Framework Programme, that has been selected according to the procedure set out in clause 4(2), that fulfils the conditions set out in clauses 4(3) and 4(4), and that has accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for its governance;

Amendment 37



2. 'Founding Member other than the Union' refers to the contributors listed in Annex II, having individually committed to an own contribution of at least EUR 30 million for the duration of the S2R Joint Undertaking and accepted the present Statutes by signing a letter of endorsement;

2. 'Founding Member other than the Union' refers to single legal entities , having individually committed to an own contribution of at least EUR 30 million for the duration of the S2R Joint Undertaking, based on a shared vision, and accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for their governance. The Founding Members are listed in Annex II;

Amendment 38

Proposal for a regulationAnnex I – clause 1 – paragraph 3 – introductory part

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3. 'Innovation Programmes' or 'IPs' refer to the thematic areas around which the S2R Master Plan, referred to in paragraph 4, shall be structured. The IPs shall be selected for their capacity to best deliver performance benefits to one or more operating environments and reflect a railway system approach. Notwithstanding a decision of the Governing Board to modify this structure, the S2R Master Plan should foresee the creation of at least the five following IPs:

3. 'Innovation Programmes' or 'IPs' refer to the thematic areas around which the S2R Master Plan, referred to in paragraph 4, shall be structured. The IPs shall be selected for their capacity to best deliver performance benefits to one or more operating environments and reflect a railway system and customer-oriented approach. Their definition shall also allow for pioneering innovative ideas to be developed and tested. Notwithstanding a decision of the Governing Board to modify this structure, the S2R Master Plan should foresee the creation of at least the five following IPs:

Amendment 39

Proposal for a regulationAnnex I – clause 1 – paragraph 3 – point a


(a) Cost-efficient and Reliable High Capacity Trains;

(a) Cost-efficient and Reliable Trains, including High Capacity Trains and High Speed Trains

Amendment 40

Proposal for a regulationAnnex I – clause 1 – paragraph 3 – point c


(c) Cost-efficient and Reliable High Capacity Infrastructure;

(c) Cost-efficient, sustainable and Reliable High Capacity Infrastructure;

Amendment 41

Proposal for a regulationAnnex I – clause 2 – point h


(h) pool user requirements and define interoperability standards to guide investment in research and innovation

(h) pool user requirements and define interoperability specifications and technical standards to guide investment in

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towards operational and marketable solutions;

research and innovation towards operational and marketable solutions;

Amendment 42

Proposal for a regulationAnnex I – clause 2 – point j


(j) establish and develop close and long-term cooperation between the Union, the rail manufacturing industry and other stakeholders required to develop pioneering innovations and ensure a strong market uptake of innovative solutions, including the rail operating community and other rail stakeholders, as well as actors outside the traditional rail sector;

(j) establish and develop close and long-term cooperation between the Union, the rail manufacturing industry and other stakeholders required to develop pioneering innovations and ensure a strong market uptake of innovative solutions, including organisations representing customers, the rail operating community and other rail private and public stakeholders, including at regional level, as well as actors outside the traditional rail sector;

Amendment 44

Proposal for a regulationAnnex I – clause 2 – point k a (new)


(ka) liaising with a broad range of stakeholders including research organisations and universities;

Amendment 45

Proposal for a regulationAnnex I – clause 3 – paragraph 2 a (new)


2a. Should any member of S2R Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a

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meeting of the Governing Board to decide whether the defaulting member's membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.

Amendment 46



2. The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call. The first call for Associated Members shall be launched within three months at the latest following the establishment of the S2R Joint Undertaking. Any additional calls shall be driven by the need for key capabilities to implement the S2R Master Plan. All calls shall be published on the S2R website and communicated through the States Representatives Group and other channels in order to ensure the widest possible participation in the interest of the achievement of the objectives of the S2R Master Plan. The S2R Joint Undertaking shall encourage the participation of SMEs, and of actors from the entire rail value chain, as well as from outside the traditional rail sector.

2. The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call launched by the Commission and subject to a transparent evaluation by the Governing Board. This evaluation and selection shall take into account, inter alia, the relevance and the potential added value of the applicant for the achievement of the objectives of the S2R Joint Undertaking, the financial soundness of the applicant, and any potential conflicts of interest regarding the objectives of the S2R Joint Undertaking.

Amendment 47



2a. Taking into account the results of the evaluation, the Commission shall make the final decision on the selection of

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associated members with a view to ensuring geographical balance, as well as balanced participation of SMEs, of the research community and of actors from the entire rail value chain, including from outside the traditional rail sector.

Amendment 48



5. Any member may terminate its membership to the S2R Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the S2R Joint Undertaking prior to terminating the membership.

5. Any member may terminate its membership to the S2R Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the S2R Joint Undertaking prior to terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the S2R Joint Undertaking.

Amendment 49



6. Membership of the S2R Joint Undertaking may not be transferred to a third party without the prior and unanimous agreement of the Governing Board.

6. Membership of the S2R Joint Undertaking may not be transferred to a third party without the prior and unanimous agreement of the Governing Board. The Commission shall be notified of such agreement and shall have the right to object.

Amendment 50

Proposal for a regulationAnnex I – clause 6 – point c

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(c) at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). These representatives will be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors from the entire rail value chain, as well as from outside the traditional rail sector.

(c) at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). Associated Member fulfilling, as a single legal entity, the criteria listed in clause 1(2), [meaning an own contribution of at least 30 million] and that contributes to meeting the objectives in points (a), (b) and (c) of Article 2(2), shall be represented in the Governing Board. The other representatives shall be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors, in terms of territorial representation and guaranteeing the representation of the entire rail value chain, as well as from outside the traditional rail sector. At least two of these should be representatives of railway undertakings.

Amendment 51

Proposal for a regulationAnnex I – clause 7 – paragraph 5 – subparagraph 5


A representative of the European Railway Agency and the chairperson or the vice-chair person of the States Representatives Group shall participate in the meetings of the Governing Board as observers.

A representative of the European Railway Agency shall participate in the meetings of the Governing Board as observers.

Amendment 52

Proposal for a regulationAnnex I – clause 7 – paragraph 5 – subparagraph 5 a (new)


The chairperson or the vice-chair person of the States Representatives Group shall have the right to attend meetings of the Governing Board as an observer and take part in its deliberations, but shall have no

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voting rights.

Amendment 53

Proposal for a regulationAnnex I – clause 7 – paragraph 5 – subparagraph 5 b (new)


The chairperson of the Scientific Committee shall have the right, whenever issues falling within that Committee's tasks are discussed, to attend meetings of the Governing Board as an observer and take part in its deliberations, but shall have no voting rights.

Amendment 54

Proposal for a regulationAnnex I – clause 8 – paragraph -1 (new)


The Commission, within its role in the Governing Board, shall seek to ensure coordination between the activities of the S2R Joint Undertaking and the relevant activities of the Horizon 2020 Framework Programme with a view to promoting synergies when identifying priorities covered by collaborative research.

Amendment 55

Proposal for a regulationAnnex I – clause 8 – paragraph 1 – point c a (new)


(ca) decide on the final composition of the Governing Board, in particular by selecting the representatives of Associated Members, other than those fulfilling the criteria in clause 1(2). The final selection should ensure a balanced participation of SMEs and of actors from the entire rail value chain, including from outside the traditional rail sector;

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Amendment 56

Proposal for a regulationAnnex I – clause 8 – paragraph 1 – point n a (new)


(na) ensure the transparency of the choice of any subcontracting agreements that may be established within the framework of this Regulation

Amendment 57



1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.

1. The Executive Director shall be appointed by the Governing Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following the publication of a call for expressions of interest in the Official Journal of the European Union and elsewhere. The European Parliament shall be entitled to object.

Before being appointed, the candidate selected by the Governing Board shall answer the questions by the members of the Committee on Industry, Research and Energy and the Committee on Budgetary Control of the European Parliament.

Amendment 58

Proposal for a regulationAnnex I – clause 10 – paragraph 4 – point g a (new)


(ga) inform the States Representatives Group and the Scientific Committee regularly of all matters relevant to their

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advisory role;

Amendment 59

Proposal for a regulationAnnex I – clause 11 – introductory part


The European Railway Agency shall have observer status on the Governing Board and contribute to the definition and implementation of the S2R Master Plan, in particular by performing the following advisory tasks:

The European Railway Agency shall contribute to the definition and implementation of the S2R Master Plan, in particular by performing the following advisory tasks:

Amendment 60

Proposal for a regulationAnnex I – clause 11 – point a


(a) proposing possible amendments to the S2R Master Plan and to the annual work plans, in particular to ensure that research needs relating to the realisation of the Single European Railway Area are covered;

(a) proposing possible amendments to the S2R Master Plan and to the annual work plans, in particular to ensure that research needs relating to the realisation of the Single European Railway Area are covered and ascertaining their relevance to the objectives identified in Article 2(2);

Amendment 61

Proposal for a regulationAnnex I – clause 11 – point b


(b) proposing, after consultation with the stakeholders referred to in Article 2(1)(e) of this Regulation, technical standards for research, development and validation activities with a view to guaranteeing the interoperability and safety of results;

(b) proposing, after consultation with the stakeholders referred to in Article 2(1)(e) of this Regulation, guidelines for research and development activities leading to technical standards with a view to guaranteeing the interoperability and safety of results;

Amendment 62

Proposal for a regulationAnnex I – clause 13 – paragraph 5 – point a

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(a) the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies;

(a) the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies in order to benefit from synergies;

Amendment 63



5a. The States Representatives Group shall receive information on a regular basis, among others on the participation in actions funded by the S2R Joint Undertaking, on the outcome of each call and project implementation, on synergies with other relevant Union programmes, on the execution of the S2R budget.

Amendment 64



6. The States Representatives Group may issue, on its own initiative, recommendations to the S2R Joint Undertaking on technical, managerial and financial matters, in particular when those matters affect national or regional interests. The S2R Joint Undertaking shall inform the States Representatives Group of the follow up it has given to such recommendations.

6. The States Representatives Group may issue, on its own initiative, recommendations to the Governing Board on technical, managerial and financial matters, in particular when those matters affect national or regional interests. The Governing Board shall inform the States Representatives Group of the follow up it has given to such recommendations.

Amendment 65


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1. In order to carry out the tasks provided for in clause 2, the Governing Board of the S2R Joint Undertaking can set up a limited number of working groups to carry out activities which are delegated to it by the Governing Board. These groups shall be composed of professionals and shall work in a transparent manner.

1. In order to carry out the tasks provided for in clause 2, the Governing Board of the S2R Joint Undertaking can set up a limited number of working groups to carry out activities which are delegated to it by the Governing Board. These groups shall be composed of professionals with relevant expertise including from research organisations, SMEs and railway operators and shall work in a transparent manner.

Amendment 66

Proposal for a regulationAnnex I – clause 15 – paragraph 3 – point b


(b) in-kind contributions by the members other than the Union and their affiliated entities, consisting of the costs incurred by them in implementing indirect actions less the contribution of the Joint Undertaking and any other Union contribution to those costs.

(b) in-kind or in-cash contributions by the members other than the Union and their affiliated entities, consisting of the costs incurred by them in implementing indirect actions less the contribution of the Joint Undertaking and any other Union contribution to those costs.

Amendment 67

Proposal for a regulationAnnex 1 – clause 19


1. The Executive Director shall report annually to the Governing Board on the performance of his duties in accordance with the financial rules of the S2R Joint Undertaking.

1. The Executive Director shall report annually to the Governing Board on the performance of his duties in accordance with the financial rules of the S2R Joint Undertaking.

2. By 15 February each year the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the S2R Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. That report shall

2. Within two months of the closure of each financial year, the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the S2R Joint Undertaking in the previous calendar year, in particular in relation to the annual

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include, inter alia, information on the following matters:

work plan for that year. That report shall include, inter alia, information on the following matters:

(a) research, innovation and other actions carried out and the corresponding expenditure;

(a) research, innovation and other actions carried out and the corresponding expenditure;

(b) the actions submitted, including a breakdown by participant type, including SMEs, and by country;

(b) the actions submitted, including a breakdown by participant type, including SMEs, and by country;

(c) the actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the S2R Joint Undertaking to the individual participants and actions.

(c) the actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the S2R Joint Undertaking to the individual participants and actions.

Once approved by the Governing Board, the annual activity report shall be transmitted to the States Representatives Group and made publicly available.

Once approved by the Governing Board, the annual activity report shall be transmitted to the States Representatives Group and made publicly available.

3. The S2R Joint Undertaking shall report annually to the Commission in accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012.

3. By 1 March of the following financial year, the accounting officer of the S2R Joint Undertaking shall send the provisional accounts to the Commission's accounting officer and the Court of Auditors.

4. The accounts of the S2RJoint Undertaking shall be examined by an independent audit body as laid down in Article 60(5) of Regulation (EU, Euratom) No 966/2012.

The accounts of the S2R Joint Undertaking shall not be subject to examination by the Court of Auditors.

By 31 March of the following financial year, the S2R Joint Undertaking shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors.

On receipt of the Court of Auditors' observations on the S2R Joint Undertaking's provisional accounts pursuant to Article 148 of the Regulation (EU, Euratom) No 966/2012, the accounting officer shall draw up the S2R Joint Undertaking's final accounts and the Executive Director shall submit them to the Governing Board for an opinion.

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The Governing Board shall deliver an opinion on the S2R Joint Undertaking's final accounts.

The Executive Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Governing Board's opinion.

The final accounts shall be published in the Official Journal of the European Union by 15 November of the following year.

The Executive Director shall send the Court of Auditors a reply to its observations made in its annual report by 30 September. The Executive Director shall also send this reply to the Governing Board.

The Executive Director shall submit to the European Parliament, at the latter's request any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 165(3) of the Regulation (EU, Euratom) No 966/2012.

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P7_TA-PROV(2014)0348

Request for defence of the parliamentary immunity of Alexander Mirsky

European Parliament decision of 15 April 2014 on the request for defence of the immunity and privileges of Alexander Mirsky (2014/2026(IMM))


– having regard to the request by Alexander Mirsky of 14 February 2014, announced in plenary on 24 February 2014, for the defence of his immunity and privileges in connection with civil proceedings pending before the Civil Division of the Senate of the Supreme Court of the Republic of Latvia (hereinafter referred to as ‘the Supreme Court’) (ref. C17129611),

– having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage,

– having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 20111,

– having regard to the verbatim report of the proceedings of the plenary sitting of 4 April 2011,

– having regard to Rule 5(2) and to Rules 6a and 7 of its Rules of Procedure,

– having regard to the report of the Committee on Legal Affairs (A7-0273/2014),

A. whereas a Member of the European Parliament, Alexander Mirsky, has requested the defence of his parliamentary immunity in connection with civil proceedings pending before the Supreme Court of the Republic of Latvia; whereas the proceedings in question relate to the decision of the Civil Division of the Riga District Court (hereinafter referred to as ‘the Riga District Court’) to require Alexander Mirsky to retract a statement made in a speech at the European Parliament on 4 April 2011 and to pay LVL 1000 in non-material compensation to the benefit of the allegedly prejudiced applicants;

B. whereas, according to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

C. whereas in the exercise of its powers in respect of privileges and immunities, Parliament acts to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties;

1 Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v. Faure and Others [1986] ECR 2391, Case T-345/05 Mote v. Parliament [2008] ECR II-2849, Joined Cases C-200/07 and C-201/07 Marra v. De Gregorio and Clemente [2008] ECR I-7929, Case T-42/06 Gollnisch v. Parliament [2010] ECR II-1135 and Case C-163/10 Patriciello [2011] ECR I-07565.

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D. whereas the Court of Justice has clarified that Article 8 of the Protocol, in the light of its objective of protecting the freedom of speech and independence of Members of the European Parliament and in the light of its wording, which expressly refers to votes cast as well as to opinions expressed by the Members, is in essence intended to apply to statements made by those Members within the very precincts of the European Parliament1;

E. whereas immunity under Article 8 of the Protocol must, to the extent that it seeks to protect the freedom of expression and independence of Members of the European Parliament, be considered as an absolute immunity barring any judicial proceedings in respect of an opinion expressed or a vote cast in the exercise of parliamentary duties2;

F. whereas the immunity from legal proceedings enjoyed by Members of the European Parliament includes immunity from civil proceedings;

G. whereas the request by Alexander Mirsky relates to legal proceedings instituted against him in connection with statements made during a one-minute speech at the plenary sitting of 4 April 2011; whereas it is uncontested that Alexander Mirsky was a Member of the European Parliament at the time of the statements in question;

H. whereas the Jūrmala Town Court has correctly acknowledged that Alexander Mirsky enjoyed the immunity accorded to the Members of the European Parliament by Article 8 of the Protocol and thus rejected the applicants’ claim; whereas, conversely, the Riga District Court has completely ignored the applicability of that provision; whereas a national court has a duty to apply EU primary law;

I. whereas the legal proceedings brought against Alexander Mirsky are still pending before the Supreme Court of the Republic of Latvia and the final judgment may be in his favour; whereas, however, should the judgment of the Riga District Court be confirmed by the Supreme Court, this would amount to an infringement of EU primary law by the Latvian authorities;

J. whereas, further to the judgment of the Riga District Court, there has, in fact, been a breach of the privileges and immunities of Alexander Mirsky; whereas, in particular, the circumstances of the case in point constitute a restriction on an opinion expressed in the performance of his parliamentary duties;

1. Decides to defend the immunity and privileges of Alexander Mirsky;

2. Calls on the Commission to intervene with the Latvian authorities in order to enforce EU primary law – notably, Article 8 of Protocol No 7 on the privileges and immunities of the European Union – and, if necessary, to initiate a Union law infringement procedure under Article 258 of the Treaty on the Functioning of the European Union;

3. Instructs its President to forward this decision and the report of its competent committee immediately to the Commission, the relevant authorities of the Republic of Latvia and Alexander Mirsky.

1 Case C-163/10 Patriciello, cited above, paragraph 29.2 Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, cited above,

paragraph 27.

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P7_TA-PROV(2014)0349

Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/007 IT/VDC Technologies

European Parliament resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/007 IT/VDC Technologies from Italy) (COM(2014)0119 – C7-0089/2014 – 2014/2025(BUD))


– having regard to the Commission proposal to the European Parliament and the Council (COM(2014)0119 – C7-0089/2014),

– having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund1, (EGF Regulation),

– having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20202, and in particular Article 12 thereof,

– having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management3 (IIA of 2 December 2013), and in particular point 13 thereof,

– having regard to trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

– having regard to the letter of the Committee on Employment and Social Affairs,

– having regard to the report of the Committee on Budgets (A7-0261/2014),

A. whereas the European Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B. whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the EGF,

1 OJ L 406, 30.12.2006, p. 1.2 OJ L 347, 20.12.2013, p. 884.3 OJ C 373, 20.12.2013, p. 1.

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C. whereas Italy submitted application EGF/2012/007 IT/VDC Technologies for a financial contribution from the EGF, following 1 164 redundancies in VDC Technologies SpA and one supplier with 1 146 workers targeted for EFG co-funded measures, during the reference period from 26 February 2012 to 25 June 2012,

D. whereas the application fulfils the eligibility criteria set up by the EGF Regulation,

1. Agrees with the Commission that the conditions set out in Article 2(a) of the EGF Regulation are met and that, therefore, Italy is entitled to a financial contribution under that Regulation;

2. Notes that the Italian authorities submitted the application for EGF financial contribution on 31 August 2012 and regrets that its assessment was made available by the European Commission only on 5 March 2014; deplores the lengthy evaluation period of 19 months and believes that this delay contradicts the aim of the European Globalisation Adjustment Fund to provide a quick aid to workers made redundant;

3. Considers that the redundancies in VDC Technologies SpA and one supplier (manufacture of television sets, television monitors and displays as well as air-conditioning units) are linked to major structural changes in world trade patterns due to globalisation, referring to serious economic disruption for the sector of manufacture of electrical equipment due to intensified competition from third countries, particularly China;

4. Recognises the need to draw lessons from numerous EGF applications based on globalisation criterion in a given sector in view of reforming the Union trade policy, both in terms of liberalisation and trade defence instruments;

5. Notes that the 1 164 redundancies in question along with the 54 redundancies due to the same cause before and after the four-month reference period have a strong negative impact on the labour market and economic situation in the affected area located in the NUTS 3 level region ITI45 Frosinone and in the NUTS 2 level region ITI4 Lazio;

6. Welcomes the fact that, in order to provide workers with speedy assistance, the Italian authorities decided to initiate the implementation of the personalised services to the affected workers on 30 November 2012, nine months before the EGF application submission and well ahead of the final decision on granting the EGF support for the proposed coordinated package;

7. Notes that the coordinated package of personalised services to be co-funded includes measures for the reintegration of 1 146 redundant workers into employment such as occupational guidance/ skills assessment, training, service to individuals, support to entrepreneurship, recruitment bonus, participation allowance;

8. Notes that almost 40% of dismissed workers are older than 55 years; regrets that the package does not contain any specific measures targeting older workers;

9. Points out that the package contains various types of financial allowances: allowance for workers living with persons who need care, mobility allowance, and participation allowance; points out to relatively high level of recruitment incentive (EUR 6 000 per worker) but welcomes the fact that this measure is conditioned upon offering a permanent contract or a fixed-term contract of 24 months to workers;

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10. Welcomes the fact that the coordinated package of personalised services was consulted with the social partners (trade unions CGIL USB, CISAL, CISL, UIL, UGL) and that a local support network was activated with the involvement of various local partners, and that a policy of equality of women and men as well as the principle non-discrimination will be applied during the various stages of the implementation of and in access to the EGF;

11. Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual business environment;

12. Welcomes the fact training is foreseen for every worker targeted by the EGF package; regrets however that the Commission proposal does not describe the areas and sectors in which the training will be offered;

13. Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on complementarity with actions funded by the Structural Funds; stresses that the Italian authorities confirm that the eligible actions do not receive assistance from other Union financial instruments; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and that no duplication of Union-funded services can occur;

14. Stresses that, in accordance with Article 6 of the EGF Regulation, it shall be ensured that the EGF supports the reintegration of individual redundant workers into stable employment; stresses, furthermore, that EGF assistance can co-finance only active labour market measures which lead to durable, long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements nor measures restructuring companies or sectors;

15. Welcomes the agreement reached between the European Parliament and the Council regarding the new EGF Regulation, for the period 2014-2020, to reintroduce the crisis mobilisation criterion, to increase Union financial contribution to 60% of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the European Parliament and the Council by shortening time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses;

16. Approves the decision annexed to this resolution;

17. Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

18. Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

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ANNEX: DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in

budgetary matters and on sound financial management (application EGF/2012/007 IT/VDC Technologies from Italy)


Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund1, and in particular Article 12(3) thereof,

Having regard to Regulation (EU) no 1309/2013 of the European Parliament and the Council of 17 December 2013 on the European Globalisation Fund (2014-2020) and repealing Regulation (EC) no 1927/20062, and in particular Article 23, second subparagraph, thereof,

Having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20203, and in particular Article 12 thereof,

Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 2 December 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management4, and in particular point 13 thereof,


Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Regulation (EU, Euratom) No 1311/2013.

(3) Italy submitted an application to mobilise the EGF, in respect of redundancies in the enterprise VDC Technologies SpA and one supplier, on 31 August 2012 and

1 OJ L 406, 30.12.2006, p. 1.2 OJ L 347, 20.12.2013, p. 855.3 OJ L 347, 20.12.2013, p. 884.4 OJ C 373, 20.12.2013, p. 1.

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supplemented it by additional information up to 6 September 2013. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 3 010 985.

(4) Notwithstanding Regulation (EC) No 1927/2006 being repealed, it shall continue to apply for applications submitted up to 31 December 2013 by virtue of Article 23, second subparagraph of Regulation (EU) No 1309/2013.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Italy,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2014, the European Globalisation Adjustment Fund (EGF) shall be mobilised to provide the sum of EUR 3 010 985 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at


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P7_TA-PROV(2014)0350

Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/004 ES/Grupo Santana

European Parliament resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/004 ES/Grupo Santana from Spain) (COM(2014)0116 – C7-0101/2014 – 2014/2027(BUD))


– having regard to the Commission proposal to the European Parliament and the Council (COM(2014)0116 – C7-0101/2014),

– having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund1 (EGF Regulation),

– having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20202, and in particular Article 12 thereof,

– having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management3 (IIA of 2 December 2013), and in particular point 13 thereof,

– having regard to trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

– having regard to the letter of the Committee on Employment and Social Affairs,

– having regard to the report of the Committee on Budgets (A7-0260/2014),

A. whereas the European Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B. whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the EGF,

1 OJ L 406, 30.12.2006, p. 1.2 OJ L 347, 20.12.2013, p. 884.3 OJ C 373, 20.12.2013, p. 1.

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C. whereas Spain submitted application EGF/2012/004 ES/Grupo Santana4 for a financial contribution from the EGF, following 330 redundancies in Grupo Santana and 15 suppliers and downstream producers with 285 workers targeted for EFG co-funded measures, during the reference period from 15 November 2011 to 15 March 2012,

D. whereas the application fulfils the eligibility criteria set up by the EGF Regulation,

1. Agrees with the Commission that the conditions set out in Article 2(c) of the EGF Regulation are met and that, therefore, Spain is entitled to a financial contribution under that Regulation;

2. Notes the explanations of the Commission that the 330 layoffs within the reference period and the additional 689 redundancies are related to the same collective dismissal procedure and that the dismissals combined with very fragile economic and social situation of the region fulfil the condition of exceptionality of the case in line with Article 2(c) of the EGF Regulation;

3. Notes that the Spanish authorities submitted the application for EGF financial contribution on 16 May 2012 and regrets that its assessment was made available by the European Commission only on 5 March 2014; deplores the lengthy period of evaluation of 22 months and believes that this delay contradicts the aim of the European Globalisation Adjustment Fund to provide a quick aid to workers made redundant;

4. Considers that the redundancies in Grupo Santana and 15 suppliers and downstream producers are linked to major structural changes in world trade patterns due to globalisation, referring to a reduction of the EU share in world motor vehicle production and the rapid growth in Asian markets which EU producers are less able to benefit from;

5. Notes that the 330 redundancies in question along with the 689 redundancies due to the same cause before and after the four-month reference period have a significantly negative impact on employment and the economy at local and NUTS III level, and aggravates already fragile economic situation of the affected territory;

6. Notes that this is yet another EGF application addressing dismissals in the automotive sector and that with 17 applications this sector has been subject to the most numerous EGF applications submitted both in relation to crisis and to globalisation criterion; points out that this is another case concerning the automotive industry which demonstrates the need for a Union industrial strategy and illustrates how the EGF assists workers in the restructuring process;

7. Welcomes the fact that the region of Andalucia, where the unemployment rate is much higher than the national and Union average, yet again avails itself of the EGF; points to the fact that EGF has already supported workers of Delphi located in Andalucia (EGF/2008/002 ES/Delphi);

8. Welcomes the fact that in order to provide workers with speedy assistance, the Spanish authorities decided to initiate the implementation of the personalised services to the affected workers on 1 August 2011, ten months before EGF application submission and well ahead of the final decision on granting the EGF support for the proposed coordinated package;

4 Santana Motor S.A.U.; Santana Motor Andalucía S.L.U. and Santana Militar S.L.U.

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9. Notes that the coordinated package of personalised services to be co-funded includes measures for the reintegration of 285 redundant workers into employment such as vocational on-the-job training, counselling to business projects, active job search assistance and job matching;

10. Welcomes the fact that the training offered is of considerable length and that it will be complemented with on-the-job activities; welcomes the fact that the training will be matched to the skills and qualifications needs of the enterprises settling in the business park, which makes part of the measures provided in addition to the EGF funded package;

11. In this context, welcomes the fact that the city of Linares, heavily affected by the closure of Santana (and of its suppliers) which was the main employer in the municipality, took a global and comprehensive approach reflected in the strategy of rehabilitation of Grupo Santana business park to attract new investors; is of the view that the fact that the city of Linares decided to improve the environment for businesses will boost the effect of the EGF measures targeting workers;

12. Welcomes the fact that the city of Linares consulted the package with the social partners (trade unions MCA-UGT Andalucía and Federación de la industria de CCOO-Andalucía) and that the social partners are monitoring the implementation of the measures, and that a policy of equality of women and men as well as the principle of non-discrimination will be applied during the various stages of the implementation of and in access to the EGF;

13. Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual business environment;

14. Points out the fact that the EGF will provide "training wage" allowances amounting to 150% of the Spanish minimum wage; welcomes however the confirmation of the Commission that those allowances do not substitute the unemployment benefits and will be provided in addition to the unemployment benefits paid out under the national legislation; stresses in this context that the new EGF regulation for 2014-2020 will limit the inclusion of financial allowances in the package to a maximum of 35% of the cost of the measures and that accordingly the rate of allowances within the coordinated package for this demand will not repeat under this new regulation;

15. Welcomes the Spanish regional and Linares local authorities initiative to invest in the industrial facilities and promotion of the renewed industrial area in order to attract new companies and to diversify its industrial structure rather than focusing on the automotive sector; underlines that these efforts are not submitted for EGF co-financing and are financed by regional and local budgets under severe constrains after the loss of tax income due to the plant closure;

16. Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on complementarity with actions funded by the Structural Funds; stresses that the Spanish authorities confirm that the eligible actions do not receive assistance from other Union financial instruments; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and that no duplication of Union-funded services can occur;

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17. Stresses that, in accordance with Article 6 of the EGF Regulation, it shall be ensured that the EGF supports the reintegration of individual redundant workers into stable employment; stresses, furthermore, that EGF assistance can co-finance only active labour market measures which lead to durable, long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements nor measures restructuring companies or sectors;

18. Welcomes the agreement reached between the European Parliament and the Council regarding the new EGF Regulation, for the period 2014-2020, to reintroduce the crisis mobilisation criterion, to increase Union financial contribution to 60% of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the European Parliament and the Council by shortening time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses;

19. Approves the decision annexed to this resolution;

20. Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

21. Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

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ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in

budgetary matters and on sound financial management (application EGF/2012/004 ES/Grupo Santana from Spain)


Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund1, and in particular Article 12(3) thereof,

Having regard to Regulation (EU) no 1309/2013 of the European Parliament and the Council of 17 December 2013 on the European Globalisation Fund (2014-2020) and repealing Regulation (EC) no 1927/20062, and in particular Article 23, second subparagraph, thereof,

Having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 3, and in particular Article 12 thereof,

Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 2 December 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management4, and in particular point 13 thereof,


Whereas:

(1) The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

(2) The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Regulation (EU, Euratom) No 1311/2013.

1 OJ L 406, 30.12.2006, p. 1.2 OJ L 347, 20.12.2013, p. 855.3 OJ L 347, 20.12.2013, p. 884.4 OJ C 373, 20.12.2013, p. 1.

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(3) Spain submitted an application to mobilise the EGF, in respect of redundancies in the enterprise Grupo Santana and 15 suppliers and downstream producers, on 16 May 2012 and supplemented it by additional information up to 28 November 2013. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 964 407.

(4) Notwithstanding Regulation (EC) No 1927/2006 being repealed, it shall continue to apply for applications submitted up to 31 December 2013 by virtue of Article 23, second subparagraph of Regulation (EU) No 1309/2013.

(5) The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Spain,

HAVE ADOPTED THIS DECISION:

Article 1

For the general budget of the European Union for the financial year 2014, the European Globalisation Adjustment Fund (EGF) shall be mobilised to provide the sum of EUR 1 964 407 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at


105

P7_TA-PROV(2014)0351

Deposit Guarantee Schemes ***II

European Parliament legislative resolution of 15 April 2014 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council Deposit Guarantee Schemes (recast) (05199/1/2014 – C7-0094/2014 – 2010/0207(COD))

(Ordinary legislative procedure: second reading)


– having regard to the Council position at first reading (05199/1/2014 – C7-0094/2014),

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Danish Parliament, the German Bundestag, the German Bundesrat and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Central Bank of 16 February 20111,

– having regard to its position at first reading2 on the Commission proposal to Parliament and the Council (COM(2010)0368),



– having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A7-0216/2014),

1. Approves the Council position at first reading;

2. Notes that the act is adopted in accordance with the Council position;

3. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;


1 OJ C 99, 31.3.2011, p. 1.2 OJ C 249 E , 30.8.2013, p. 81.

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P7_TA-PROV(2014)0352

Alternative fuels infrastructure ***I

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council on the deployment of alternative fuels infrastructure (COM(2013)0018 – C7-0022/2013 – 2013/0012(COD))




– having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0022/2013),


– having regard to the opinion of the European Economic and Social Committee of 22 May 20131,

– having regard to the opinion of the Committee of the Regions of 4 July 20132,

– having regard to the undertaking given by the Council representative by letter of 26 March 2014 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,


– having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A7-0444/2013),




1 OJ C 271, 19.9.2013, p. 111. 2 OJ C 280, 27.9.2013, p. 66.

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P7_TC1-COD(2013)0012

Position of the European Parliament adopted at first reading on 15 April 2014 with a view to the adoption of Directive 2014/…/EU of the European Parliament and of the Council on the deployment of alternative fuels infrastructure*

(Text with EEA relevance)


Having regard to the Treaty on the Functioning of the European Union, and in particular Article

91 thereof,


After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee1,

Having regard to the opinion of the Committee of the Regions2,

Acting in accordance with the ordinary legislative procedure3,

* TEXT HAS NOT YET UNDERGONE LEGAL-LINGUISTIC FINALISATION.1 2 OJ C 271, 19.9.2013, p. 111.2 OJ C 280, 27.9.2013, p. 66.3 Position of the European Parliament of 15 April 2014.

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Whereas:

(1) In its Communication "Europe 2020: A strategy for smart, sustainable and inclusive

growth"1 the Commission aims at enhancing competitiveness and energy security by

more efficient use of resources and energy.

(2) The Commission's White Paper "Roadmap to a Single European Transport Area –

Towards a Competitive and Resource Efficient Transport System"2 called for reducing

the oil dependence of transport. This needs to be achieved through an array of policy

initiatives, including through the development of a sustainable alternative fuels

strategy as well as the appropriate infrastructure. The Commission's White Paper also

proposed 60% greenhouse gas (GHG) emissions reduction from transport by 2050,

measured against the 1990 levels.

1 COM(2010)2020.2 COM(2011)0144.

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(3) Directive 2009/28/EC of the European Parliament and of the Council of 23/04/2009 on

the promotion of the use of energy from renewable sources and amending and

subsequently repealing Directives 2001/77/EC and 2003/30/EC1 set a target of 10%

market share of renewables in transport fuels.

(4) Based on the consultation of stakeholders and national experts, as well as expertise2,

electricity, hydrogen, biofuels, natural gas, and liquefied petroleum gas (LPG) were

identified, at the current stage, as the main alternative fuels with a potential for long-

term oil substitution, also in light of their possible simultaneous and combined use by

means of, for instance, dual-fuel technology systems.

(4a) Power sources mean all alternative sources of energy for transport, such as

electricity and hydrogen, that do not have to be released through combustion or non-

combustion oxidation.

1 OJ L 140, 5.6.2009, p. 16.2 COM(2013)0017.

110

http://en.wikipedia.org/wiki/Oxidation

http://en.wikipedia.org/wiki/Combustion

(4b) Synthetic fuels, substituting diesel, petrol and jet fuel, can be produced from

different feedstock, converting biomass, gas, coal or plastic waste into liquid fuels,

methane and Dimethyl ether (DME). Synthetic paraffinic diesel fuels, such as

Hydrotreated vegetable oils (HVO), Fischer-Tropsch diesel etc., are fungible and

can be blended into fossil diesel fuel at very high blending ratios, or can be used

neat in all existing or future diesel vehicles. Therefore, these fuels can be

distributed, stored and used with the existing infrastructure. Synthetic fuels

substituting petrol, such as Methanol and other alcohols, can be blended with petrol

and can be technically used with today’s vehicle technology with minor adaptions.

Methanol can also be used for waterborne transport for inland as well as for short-

sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use of oil

sources in the energy supply to transport.

(4c) Liquefied Petroleum Gas (LPG) or autogas is an alternative fuel, deriving from

natural gas processing and oil refining, with a lower carbon footprint and

significantly reduced pollutant emissions than conventional fuels. Bio-LPG derived

from various biomass sources is expected to emerge as a viable technology in the

medium to long term. LPG can be used for road transport (for cars and trucks) for

all ranges of distances. It can also be used for waterborne transport for inland as

well as for short-sea shipping. LPG infrastructure is relatively well-developed with a

significant number of filling stations already present in the EU (approximately

29,000), though the distribution of these filling points is uneven, with low

penetration in a number of countries.

111

(4d) Without prejudice to the definition of alternative fuels included in this Directive, it

should be noted that there exist further types of clean fuels that can represent

potential alternatives to fossil fuels. Promising results from research and

development should be considered when new types of alternative fuels are selected.

Standards and legislation should be drawn up without giving preference to any

particular type of technology, so as not to hamper further development towards

alternative fuels and energy carriers.

(5) The CARS 21 High Level Group report of 6 June 20121 states that the lack of a Union-

wide harmonised alternative fuel infrastructure hampers the market introduction of

vehicles using alternative fuels and delays their environmental benefits. The

Commission Communication on a CARS 2020 Action Plan for the automotive

industry in Europe takes up the main recommendations of CARS 21 High Level Group

report and presents an Action Plan based on them2. This Directive on alternative fuels

infrastructure is one of the key actions announced by the Commission.

1 http://ec.europa.eu/enterprise/sectors/automotive/files/cars-21-final-report-2012_en.pdf.2 COM (2012)0636 final, 8.11.2012.

112

(6) Fragmentation of the internal market through uncoordinated market introduction of

alternative fuels should be avoided. Coordinated policy frameworks of all Member

States should therefore provide the long-term security required for private and public

investment into vehicle and fuel technology, and infrastructure build-up, in order to

serve the dual purpose of minimising oil dependency and mitigating the

environmental impact of transport. Member States should therefore establish national

policy frameworks outlining their national targets and objectives, ▌and supporting

actions for the market development of alternative fuels, including the necessary

infrastructure to be put into place, in close cooperation with regional and local

authorities and with the industry concerned, also taking into account the needs of

small and medium-sized enterprises (SMEs). Where necessary, Member States

should cooperate with other neighbouring Member States on the regional or macro-

regional level, through consultation or joint policy frameworks, in particular where

continuity of alternative fuel infrastructure coverage across national borders or

construction of new infrastructure in the proximity of national borders is required,

including different non-discriminatory access options for recharging and refuelling

points. A coordination of these national policy frameworks and their coherence at EU

level should be supported through the cooperation between Member States and

assessment and reporting by the Commission. In order to facilitate reporting by the

Member States of the information provided for in Annex I, non-binding guidelines

should be adopted by the Commission.

113

(6a) A coordinated approach is necessary in order to meet the long-term energy needs of

all transport modes. In particular, policies should build on using alternative fuels,

with a focus on the specific needs of each transport mode. National policy

frameworks should be elaborated taking into account the needs of the different

transport modes existing on their territory, including those for which limited

alternatives to fossil fuels are available.

(6b) The development and implementation of the national policy frameworks of the

Member States should be facilitated by the Commission through the exchange of

information and best practices between the Member States.

(6c) In order to develop infrastructure for alternative fuels and promote alternative fuels,

the national policy frameworks may consist of several plans, strategies or other

planning documentation developed separately or in an integrated manner, or in

other form and at the administrative level as decided by Member States.

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(7) Fuels included in the national policy frameworks should be eligible for Union and

national support measures for alternative fuels infrastructure in order to focus public

support on a co-ordinated internal market development towards Union-wide mobility

using alternative fuels vehicles and vessels.

(7a) This Directive is not intended to place an additional financial burden on Member

States or regional and local authorities. Member States may implement this Directive

making use of a wide range of regulatory and non-regulatory incentives and

measures, in close cooperation with private-sector actors, who should play a key role

in supporting the development of alternative fuels infrastructure.

115

(7b) In accordance with Regulation (EU) No 1316/2013 of the European Parliament and

of the Council of 11 December 2013 establishing the Connecting Europe Facility,

amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No

680/2007 and (EC) No 67/2010, the development of new technologies and

innovation, in particular regarding the decarbonisation of transport, is eligible for

Union funding. That Regulation also provides for additional funding to be granted

for actions which exploit the synergies between at least two of the sectors covered by

the Regulation (transport, energy and telecommunications). Lastly, the European

Commission is assisted by the CEF Coordination Committee to coordinate the work

programmes with a view to allowing multi-sectoral calls for proposals in an effort to

take full advantage of possible synergies between those sectors. The CEF would

therefore contribute to the deployment of alternative fuels infrastructure.

(7c) The Horizon 2020 framework programme will also provide support for research and

innovation with regard to alternative-fuel vehicles and the related infrastructure, in

particular through the Societal Challenge "Smart, green and integrated transport".

This specific source of financing should also contribute to the development of

alternative fuels infrastructure and should be fully considered as an additional

opportunity to ensure a sustainable mobility market throughout the Union.

116

(7d) To trigger investments in sustainable transport and support the deployment of a

continued network of alternative fuels infrastructure in the European Union, the

Commission and the Member States should support national and regional

development measures in this area. They should encourage the exchange of best

practices in alternative fuels infrastructure deployment and management between

local and regional development initiatives and, to this aim, they should promote the

use of the European Structural and Investment Funds, in particular the European

Regional Development Fund and the Cohesion Fund.

(8) Support measures for alternative fuels infrastructure shall be implemented in

compliance with the State aid rules contained in TFEU. Member States may consider

it necessary to provide support to operators affected by this Directive in accordance

with the applicable State aid rules. Any national support measures for alternative

fuel infrastructure notified to the Commission should be assessed without delay.

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(8a) The TEN-T guidelines recognise that alternative fuels substitute, at least partly,

fossil oil sources in the energy supply to transport, contribute to its decarbonisation

and enhance the environmental performance of the transport sector. The revised

guidelines of the Trans-European Network for Transport (TEN-T) require with

regards to new technologies and innovation that the TEN-T shall enable the

decarbonisation of all transport modes by stimulating energy efficiency as well as

the introduction of alternative propulsion systems and the provision of

corresponding infrastructure. The TEN-T guidelines also require that inland and

sea ports, airports and roads of the Core Network provide for the availability of

alternative clean fuels. In the Connecting Europe Facility (CEF), the TEN-T

funding instrument makes eligible for grants the deployment on the Core Network of

these new technologies and innovation, including infrastructure for alternative

clean fuels. In addition, the deployment of infrastructure for alternative clean fuels

on the broader comprehensive network will be able to receive financial assistance

from the CEF in the form of procurement and financial instruments, such as project

bonds.

118

(9) Biofuels ▌, as defined in the Directive 2009/28/EC1 ▌, are currently the most

important type of alternative fuels, accounting for 4.7% in EU transport in 2011. They

can also contribute to a substantial reduction in overall CO2 emissions, if they are

produced sustainably ▌. They could provide clean power to all forms of transport.▌

(10) The lack of harmonised development of alternative fuels infrastructure across the

Union prevents the development of economies of scale on the supply side and EU-

wide mobility on the demand side. New infrastructure networks need to be built up,

such as for electricity, ▌natural gas (LNG and CNG), and hydrogen, where

appropriate. It is important to acknowledge the different stages of development for

each fuel technology and related infrastructures, including the maturity of business

models for private investors and the availability and customer acceptance of

alternative fuels. Technological neutrality should be ensured and national policy

frameworks should take due account of the requirement to support the commercial

development of alternative fuels. Moreover, population density and geographical

characteristics should be taken into account when elaborating national policy

frameworks.

1 OJ L140, 5.6.2009, p. 16.

119

(11) Electricity has the potential to increase the energy efficiency of road vehicles and to

contribute to CO2 reduction in transport. It is a power source indispensable for the

deployment of electric vehicles, including L-category vehicles, which can contribute

to improving air quality and reducing noise in urban/suburban agglomerations and

other densely populated areas. Member States should ensure that recharging points

accessible to the public are built up with adequate coverage, in order to enable

electric vehicles to circulate at least in urban/suburban agglomerations and other

densely populated areas, and, where appropriate, within networks determined by the

Member States. The number of those recharging points should be established taking

into account the number of electric vehicles estimated to be registered in 2020 in

each Member State. As an indication, the appropriate average number of recharging

points should be equivalent to at least one recharging point per 10 cars, also taking

into consideration the type of cars, charging technology and available private

recharging points. An appropriate number of recharging points accessible to the

public should be installed, in particular, at public transport stations, such as port

passenger terminals, airports or railway stations. Private owners of electric vehicles

depend to a large extent on access to recharging points in collective parking lots, such

as in apartment blocks, office and business locations. Public authorities should take

measures to assist vehicle users by ensuring that the appropriate infrastructure with

sufficient electric vehicle recharging points is provided by ▌site developers and

managers.

120

(11a) Member States should ensure that publicly accessible infrastructure for the supply

of electricity to motor vehicles is built up. To define an appropriate number of

recharging points accessible to the public in their national policy framework,

Member States can take into consideration the number of existing recharging points

accessible to the public on their territory and their specifications to decide to

concentrate deployment efforts on normal or high power recharging points.

(11b) Electro-mobility is a fast developing area. Current recharging interface technologies

include cable connectors but future interface technologies such as wireless or

battery swapping need to be considered as well. Legislation needs to make sure that

technological innovation is facilitated. This Directive should therefore be updated in

order to take into account future standards for technologies such as wireless

charging and battery swapping.

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(12) When developing infrastructure for electric vehicles the interaction of that

infrastructure with the electricity system, as well as the electricity policy of the Union,

needs to be taken into account. The establishment and operation of recharging points

for electric vehicles should be developed as a competitive market with open access to

all parties interested in rolling out or operating recharging infrastructures.

(12a) A recharging or refuelling point accessible to the public may include, for example,

privately owned recharging or refuelling points or devices accessible to the public

through registration cards or fees, recharging or refuelling points of car sharing

schemes which allow access for third party users by means of subscription, or

recharging or refuelling points in public parking. Recharging or refuelling points

which allow private users to access physically with an authorisation or a

subscription should be considered to be recharging or refuelling points accessible to

the public.

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(12b) Electricity and hydrogen are particularly attractive power sources for the

deployment of electric/fuel cells vehicles and L-category vehicles in urban/suburban

agglomerations and other densely populated areas which can contribute to

improving air quality and reducing noise. Electromobility is an important

contributor to meet the European Union ambitious climate and energy targets for

2020. Indeed the Directive 2009/28/EC on renewable energy, transposed by Member

States by 5 December 2010, sets mandatory targets for all Member States for the

share of energy from renewable sources with the aim to reach an EU target of at

least 20% share of energy from renewable sources in 2020, and a 10% share of

renewable energy specifically in the transport sector in 2020.

(13) Recharging at recharging points should, if technically and financially reasonable,

make use of intelligent metering systems in order to contribute to the stability of the

electricity system by recharging ▌ batteries from the grid at times of low general

electricity demand and allow secure and flexible data handling. In the long term this

may also enable the electric vehicles to feed power from the batteries back in the grid

at times of high general electricity demand. Intelligent metering systems as defined in

Article 2 (28) of Directive 2012/27/EU enable real-time data needed to ensure the

stability of the grid and to encourage rational use of recharging services. Intelligent

metering systems provide accurate and transparent information on the cost and

availability of recharging services, encouraging recharging at "off peak" periods

which means times of low electricity demand and low energy prices. The use of

intelligent metering systems optimises recharging, with benefits for the electricity

system and consumers.

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(14) With respect to recharging points for electric vehicles which are not publicly

accessible, Member States should ▌ aim to explore technical and financial feasibility

of synergies with intelligent meter roll-out plans following the obligation under Annex

I.2 of Directive 2009/72/EC. Distribution system operators play an important role in

relation to recharging points. In the development of their tasks, the distribution

system operators, some of whom may be part of a vertically integrated undertaking

owning or operating recharging points, should cooperate on a non-discriminatory

basis with any other owners and operators of the recharging points, in particular

providing them with the information needed for the efficient access to and use of the

system.

(14a) When developing infrastructure for electric vehicles the interaction of that

infrastructure with the electricity system, as well as the electricity policy of the Union

should ensure consistency with the principles established under Directive

2009/72/EC. The establishment and operation of recharging points for electric

vehicles should be developed as a competitive market with open access to all parties

interested in rolling out or operating recharging infrastructures.

124

(14b) The access of EU electricity suppliers to recharging points should be without

prejudice to the derogations under Article 44 of Directive 2009/72.

(15) The Commission delivered in 2010 a Mandate (M468) to the European Standardisation

Organisations (ESOs) in order to issue new standards or review the existing ones with

the aim of ensuring the interoperability and connectivity between the electricity supply

point and the charger of electric vehicles. CEN/CENELEC set up a Focus Group

which published a report in October 2011. Whereas the report contains a number of

recommendations, no consensus was found to select one standard interface. Therefore,

further policy action is needed in order to provide a non-proprietary solution ensuring

interoperability across the EU.

125

(15a) Interface to charge electric vehicles could include several sockets outlets or vehicle

connectors as far as one of them complies with Annex III.1.1 and 1.2, so as to allow

multistandard recharging. However, the choice for the EU common Type 2 and

Combo 2 connectors for electric vehicles should not be detrimental to Members

States having already invested in the deployment of other standardised technologies

for recharging points and should not affect existing recharging points deployed

before the entry into force of this Directive. Electric vehicles already in circulation

before the entry into force of this Directive should be able to recharge, even if they

were designed to recharge at recharging points that do not comply with the technical

specifications set out in this Directive.

(15b) The choice of equipment for normal and high power recharging points should

comply with specific safety requirements in force at national level.

126

(16) Shore-side electricity facilities can serve maritime and inland waterway transport as

clean power supply, in particular in maritime and inland navigation ports where air

quality or noise levels are poor. Shore-side electricity can contribute to reducing the

environmental impact of sea-going ships and inland waterway vessels.

(16a) Standardisation of shore-side electricity supply should not impede the use of systems

already in place prior to the entry into force of this Directive. In particular, Member

States should allow maintenance and upgrading of existing systems with a view to

ensuring efficient use throughout their lifespan, without requiring full compliance

with the technical specifications as set out in this Directive.

(16b) Electricity supply to stationary airplanes at airports can reduce fuel consumption

and noise, improve air quality and reduce the impact on climate change. Member

States should therefore ensure that the need to install electricity supply at airports is

considered in their national policy frameworks.

127

(17) Hydrogen powered motor vehicles, including hydrogen powered L-vehicles, have at

present very low market penetration rates but a build-up of sufficient hydrogen

refuelling infrastructure is essential to enable larger-scale hydrogen powered motor

vehicle deployment.

(18) Member States, which decide to include hydrogen refuelling points in their national

policy frameworks, should ensure that publicly accessible infrastructure for the supply

of hydrogen to motor vehicles is built up, ensuring circulation of hydrogen powered

motor vehicles within the networks determined by the Member States. Where

appropriate, cross-border links should be taken into account with a view to enable

hydrogen powered motor vehicles to circulate Union-wide.

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(19) As far as natural gas vehicles are concerned, around 3,000 refuelling points are in

operation in the Union. Additional refuelling points could ▌be put in place and

supplied from the existing well developed area covering natural gas distribution

network in the Union, provided that the quality of the gas is sufficient for use in

current and advanced technology gas vehicles. The current distribution network for

natural gas could be supplemented with local refuelling points utilising locally

produced biomethane.

(19a) Common infrastructure for natural gas requires common technical specifications

for its hardware as well as for the gas quality. The quality of natural gas used in the

Union depends on its origin, its constituents, e.g. biomethane when blended into

natural gas, and on the way in which natural gas is handled through the

distribution chain. Therefore, a spread of technical characteristics could prevent the

optimal use of engines and reduce their energy efficiency. In this respect, the

Technical Committee CEN/TC 408 43 is developing a set of quality specifications for

natural gas used in transport and for the injection of biomethane into the natural

gas grid.

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(20) Member States should ensure, through their national policy frameworks, that an

appropriate number of publicly accessible infrastructure for the supply of gaseous

Compressed Natural Gas (CNG) or compressed bio-methane to motor vehicles is built

up, in order to ensure that CNG motor vehicles can circulate in urban/suburban

agglomerations and other densely populated areas as well as throughout the Union,

at least along the existing TEN-T Core Network. When establishing their networks

for the supply of CNG to motor vehicles, Member States should ensure that

refuelling points accessible to the public are put in place, taking into account the

minimum range of CNG motor vehicles. As an indication, the necessary average

distance between refuelling points should be approximately 150 km. To ensure

market functioning and interoperability, all CNG refuelling points for motor

vehicles should provide gas at a quality that is required for use in current and

advanced technology CNG vehicles.

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(21) Liquefied Natural Gas (LNG) is an attractive fuel alternative for vessels to meet the

requirements for decreasing the sulphur content in marine fuels in the Sulphur

Emission Control Areas, affecting half of the ships sailing in European Short Sea

Shipping, as provided for by Directive 2012/33/EU of the European Parliament and of

the Council of 21 November 20121 amending Council Directive 1999/32/EC as regards

the sulphur content of marine fuels▌. A core network of LNG refuelling points at

maritime and inland ports should be available at least by the end of 2025 and 2030

respectively. LNG refuelling points include, inter alia, LNG terminals, tanks, mobile

containers, bunker vessels and barges. The initial focus on the core network should

not rule out that in the longer perspective LNG is also made available at ports outside

the core network, in particular those ports that are important for vessels not engaged in

transport operations. The decision on the location of the LNG refuelling points at

ports should be based on cost-benefit analysis, including environmental benefits.

Also applicable safety related provisions should be taken into account. The

deployment of LNG infrastructure provided for in this Directive should not hamper

the development of other potentially upcoming energy-efficient alternative fuels.

1 OJ L 327, 27.12.12, p. 1.

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(21a) The Commission and the Member States should endeavour to modify the European

Agreement concerning the International Carriage of Dangerous Goods by Inland

Waterways (ADN) to allow large scale carriage of LNG on inland waterways. These

amendments should be consequently made applicable to all transport in the territory

of the Union by adapting Annex III, Section III.1 of Directive 2008/68/EC on the

inland transport of dangerous goods. Directive 2006/87/EC should be amended,

where necessary, to allow efficient and safe use of LNG for propulsion of vessels on

inland waterways. Proposed amendments shall not be in conflict with the provisions

of the European Agreement concerning the International Carriage of Dangerous

Goods by Inland Waterways applicable in the EU territory by virtue of Annex III,

Section III.1 of Directive 2008/68/EC.

(21b) Member States should ensure an appropriate distribution system between storage

stations and LNG refuelling points. As regards road transport, availability and

geographical location of loading points for LNG tank vehicles are essential to

develop an economically sustainable LNG mobility.

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(22) LNG, including liquefied bio-methane, might also offer a cost-efficient technology

for heavy duty vehicles to meet the stringent pollutant emission limits of Euro VI

standards▌.

(23) The Core Network established in the Regulation of the European Parliament and of the

Council on Union guidelines for the development of the trans-European transport

network▌ should be the basis for the deployment of LNG infrastructure as it covers the

main traffic flows and allows for network benefits. When establishing their networks

for the supply of LNG to heavy-duty motor vehicles, Member States should ensure

that refuelling points accessible to the public are put in place, at least along the

existing TEN-T Core Network, within adequate distances taking into account the

minimum range of LNG heavy-duty motor vehicles. As an indication, the necessary

average distance between refuelling points should be approximately 400 km.

(23a) The deployment of the refuelling points for both LNG and CNG should be

adequately coordinated with the implementation of the TEN-T Core Network.

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(23b) An appropriate number of LNG and CNG refuelling points accessible to the public

should be put in place by 31 December 2025 at the latest, at least along the existing

TEN-T Core Network by that date, and subsequently on the other parts of the TEN-

T Core Network where made available to circulation.

(24) With the increasing diversity in the type of fuels for motorised vehicles coupled with

on-going growth in the road mobility of citizens across the Union, it is necessary to

provide the vehicle users with a clear and easy to understand information on the fuels

available at refuelling stations and on the compatibility of their vehicle with different

fuels or recharging points on the market of the Union, without prejudice to Directive

2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending

Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and

introducing a mechanism to monitor and reduce greenhouse gas emissions and

amending Council Directive 1999/32/EC as regards the specification of fuel used by

inland waterway vessels and repealing Directive 93/12/EEC▌. Member States may

decide to implement these information measures also for vehicles in circulation.

134

(24a) Simple and easy to compare information on prices of different fuels could be

important for vehicle users to better evaluate the relative cost of individual fuels

available on the market. Therefore, when displaying fuel prices on a fuel station, in

particular for natural gas and hydrogen, unit price comparison to conventional

fuels, such as “1 petrol litre equivalent”, may be displayed for information purposes.

(24b) In absence of a European standard for a given alternative fuel, Member States

should be allowed to use other standards for user information and labelling.

(24c) With the increasing diversity in the type of fuels for motorised vehicles, it is

necessary to provide the vehicle users with data of the geographic location of the

refuelling and recharging points accessible to the public of alternative fuels covered

in this Directive. Thus, when companies or internet sites provide this information, it

should be accessible in an open and non-discriminatory basis to all users.

135

(24d) It is of particular importance for fact based policy-making at all levels to collect best

practice and coordinated data through monitoring activities, such as the "Clean

Vehicle Portal" and the "European Electro-mobility Observatory".

(24e) Key information concerning the availability of recharging and refuelling points and

any other information necessary for EU-wide mobility should be included, where

applicable, within traffic and travel information services as part of the intelligent

transport system (ITS).

136

(25) In order to ensure adaptation of the provisions of this Directive to market development

and technical progress, the power to adopt acts in accordance with Article 290 of the

Treaty on the Functioning of the European Union should be delegated to the

Commission in respect of the technical specifications of refuelling and recharging

points and relevant standards.

(25a) The International Maritime Organisation (IMO) develops uniform and

internationally recognised safety and environmental standards for maritime

transport. Conflicts with international standards should be avoided in view of the

global nature of maritime transport. Therefore the Union should ensure that

technical specifications for maritime transport adopted pursuant to this Directive are

consistent with international rules adopted by the IMO.

137

(26) Technical specifications for interoperability of recharging and refuelling points should

be specified in European or international standards. The European standardisation

organisations should adopt European standards in accordance with Article 10 of

Regulation (EU) No 1025/2012 of the European Parliament and of the Council on

European Standardisation, amending Council Directives 89/686/EEC and 93/15/EEC

and Directives 94/9/EC, 94/25/EC, 95/16/EC 97/23/EC, 98/34/EC, 2004/22/EC,

2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the

Council and repealing Decision 87/95/EEC and Decision No 1673/2006/EC1, and

those standards should be based on current international standards or on-going

international standardisation work, where applicable. ▌For standards not yet adopted,

the work should be based on: (i) ISO TC67/WG10 Standardisation for installations

and equipment for liquefied natural gas, and in particular the draft guidelines for

systems and installations for supply of LNG as fuel to ships (ISO/DTS 18683) and ii)

ISO/TC 252 for CNG and L-CNG refuelling for motor vehicles. The Commission

should be empowered to update the references to technical specifications given in

European or international standards through delegated acts.

1 OJ L 316, 14.11.2012, p. 12.

138

(26a) It is of particular importance that the Commission follow its usual practice and

carry out appropriate consultations during its preparatory work, including at expert

level in view of the adoption of delegated acts.

(27) In the application of the Directive the Commission should consult relevant expert

groups, at least the European Expert Group on Future Transport Fuels, consisting of

experts from industry and civil society, as well as the Joint Expert Group Transport &

Environment regrouping experts from the Member States.

139

(27a) A group of experts, called the "European Sustainable Shipping Forum (ESSF)" was

established by the Commission in order to assist the Commission in implementing

the Union's activities in the area of maritime transport sustainability. The sub-group

on Marine LNG was set up under the ESSF, with the mandate to propose to ESSF

the development of standards or rules for marine LNG as ship fuel covering

technical, operational, safety, security, training and environmental aspects of LNG

bunkering. Equally, a European Committee for the Creation of Technical Standards

("CESTE") was established to deal with the technical standards in the field of

inland navigation. It is of particular importance that the Commission follow its

usual practice and carry out consultations with experts, including the ESSF and the

CESTE, before adopting delegated acts on requirements on the bunkering of LNG,

including the safety aspects related to it.

(27b) The Central Commission for the navigation of the Rhine (CCNR) is an international

organisation to address all the issues concerning inland navigation. The Danube

Commission is an international intergovernmental organisation to provide and

develop free navigation on the Danube. It is of particular importance that the

Commission follow its usual practice and carry out consultations with experts,

including the CCNR and the Danube Commission, before adopting delegated acts

on inland navigation.

140

(27c) When matters relating to this Directive, other than its implementation or

infringements, are being examined by experts, thereby acting as expert groups, the

European Parliament should receive full information and documentation and,

where appropriate, an invitation to attend the relevant meetings.

(28) 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.

(29) In order to ensure uniform conditions for the implementation of this Directive,

implementing powers should be conferred on the Commission to lay down common

procedures and specifications. Those powers should be exercised in accordance with

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16

February 2011 laying down the rules and general principles concerning mechanisms

for control by the Member States of the Commission's exercise of implementing

powers1.

1 OJ L 55, 28.2.2011, p. 13.

141

(29a) To ensure that alternative fuels for transport are provided at the quality required for

use in current and future technology engines and represent a high level of

environmental performance with regard to CO2 and other pollutant emissions, the

Commission should monitor their introduction on the market. To that end, the

Commission should, if appropriate, propose the necessary legal measures to ensure

a harmonised high level of fuel quality throughout the Union.

(29b) In order to achieve the broadest possible use of alternative fuels for transport, while

ensuring technological neutrality, and promote sustainable electric mobility

throughout the Union, the Commission should, if it considers appropriate, take

appropriate measures, such as the adoption of an Action Plan for the

implementation of the Strategy on Clean Power for Transport. For this purpose, the

Commission could take into account individual market needs and development in

the Member States.

142

(30) Since the objective of promoting a broad market development of alternative fuels

cannot be sufficiently achieved by the Member States individually, but requires action

at Union level in order to ensure the demand for a critical mass of these vehicles for

cost-efficient developments by European industry and allow Union-wide mobility of

alternatively fuelled vehicles, the Union may adopt measures, in accordance with the

principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In

accordance with the principle of proportionality as set out in that Article, this Directive

does not go beyond what is necessary in order to achieve those objectives.

HAVE ADOPTED THIS DIRECTIVE :

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Article 1

Subject matter

This Directive establishes a common framework of measures for the deployment of alternative

fuels infrastructure in the Union in order to minimise the oil dependence and mitigate the

environmental impact of transport. This Directive sets out minimum requirements on

alternative fuels infrastructure build up, to be implemented through Member States' national

policy frameworks, including common technical specifications for recharging points for

electric vehicles and refuelling points for natural gas (LNG and CNG) and hydrogen, and user

information requirements.

144

Article 2

Definitions

For the purpose of this Directive, the following definitions shall apply :

(1) "Alternative fuels" means fuels or power sources which serve, at least partly, as a

substitute for fossil oil sources in the energy supply to transport and which have a

potential to contribute to its decarbonisation and enhance the environmental

performance of the transport sector. They include, inter alia:

– electricity,

– hydrogen,

– biofuels as defined in Directive 2009/28/EC of the European Parliament and the

Council,

– synthetic and paraffinic fuels,

– natural gas, including biomethane, in gaseous form (Compressed Natural Gas –

CNG) and liquefied form (Liquefied Natural Gas - LNG), and

– Liquefied Petroleum Gas (LPG).

145

(2) "Recharging point" means an interface, able to charge one electric vehicle at a time

or exchange ▌a battery of one electric vehicle at a time.

(3) "Normal power recharging point" means a recharging point that allows for a transfer

of electricity to an electric vehicle with a power of equal or less than ▌22 kW,

excluding devices with a power of less or equal to 3,7 kW, which are installed in

private households or whose primary purpose is not recharging electric vehicles, and

which are not accessible to the public.

(4) "High power recharging point" means a recharging point that allows for a transfer of

electricity to an electric vehicle with a power ▌more than 22 kW.

(5) "Recharging or refuelling point accessible to the public" means a recharging or

refuelling point to supply an alternative fuel which provides Union-wide non-

discriminatory access to the users. Non-discriminatory access may include different

terms of authentication, use and payment.

146

(6) "Electric vehicle" means a motor vehicle equipped with a powertrain containing at

least one non-peripheral electric machine as energy converter with an electric

rechargeable energy storage system, which can be recharged externally.

(7) "Refuelling point" means a refuelling facility for the provision of any fuel with the

exception of LNG, through a fixed or a mobile installation.

(8) "Refuelling point for LNG" means a refuelling facility for the provision of LNG,

consisting of either ▌fixed or mobile facility, offshore facility, or other systems.

(9) "Shore-side electricity supply" is the provision of shore side electrical power to the

sea-going ships or inland waterway vessels at berth, provided through a standardised

interface.

147

Article 3

National policy frameworks

1. Each Member State shall adopt a national policy framework for the market

development of alternative fuels in the transport sector and the deployment of the

relevant infrastructure. It shall contain at least the following elements:

– assessment of ▌state and future development of the market of alternative fuels

in the transport sector, also in light of their possible simultaneous and

combined use, and of the development of alternative fuels infrastructure,

considering, where available, cross-border continuity;

▌

– national targets and objectives, pursuant to Articles 4(1), 4(2a), 4(4), 6(1), 6(2),

6(2a), 6(3), 6(3b), 6(6), 6(6a) and, where applicable 5(1), for the deployment of

alternative fuels infrastructure. Those national targets and objectives shall be

established and may be revised on the basis of an assessment of national,

regional or Union-wide demand, while ensuring compliance with the

minimum infrastructure requirements set out in this Directive;

148

– measures necessary to ensure that the national targets and the objectives

contained in their national policy framework are reached;

– measures that can promote the deployment of alternative fuels infrastructure

in public transport services;

– designation of the urban/suburban agglomerations, other densely populated

areas and networks, which, subject to market needs, will be equipped with

recharging points accessible to the public in accordance with Article 4(1);

– designation of the urban/suburban agglomerations, other densely populated

areas and networks, which, subject to market needs, will be equipped with

CNG refuelling points in accordance with Article 6(6);

149

– assessment of the need to install LNG refuelling points in ports outside the

TEN-T Core Network;

– consideration of the need to install electricity supply at airports for use by

stationary airplanes.

1a. Member States shall ensure that national policy frameworks take into account the

needs of the different transport modes existing on their territory, including those for

which limited alternatives to fossil fuels are available.

1b. National policy frameworks shall take into account, as appropriate, the interests of

regional and local authorities, as well as those of stakeholders concerned.

150

2. Where necessary, Member States shall cooperate, through consultations or joint policy

frameworks, to ensure that the measures required to achieve the objectives of this

Directive are coherent and coordinated.

▌

4. Support measures for alternative fuels infrastructure shall be implemented in

compliance with the State aid rules contained in TFEU.

4a. The national policy frameworks shall be in line with the Union’s environmental and

climate-protection legislation in force.

5. Member States shall notify their national policy frameworks to the Commission

[within 24 months from the date of entry into force of this Directive].

151

5a. Based on the national policy frameworks, the Commission shall publish and update

regularly information on the national targets and the objectives submitted by each

Member State regarding:

– number of recharging points accessible to the public;

– refuelling points for LNG at maritime and inland ports;

– refuelling points for LNG accessible to the public for motor vehicles;

– CNG refuelling points accessible to the public for motor vehicles;

Where applicable, the following information shall also be published regarding:

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– hydrogen refuelling points accessible to the public;

– infrastructure for shore-side electricity supply in maritime and inland ports;

– infrastructure for electricity supply for stationary aircraft.

6. The Commission shall assist Member States in the reporting on the national policy

frameworks by means of guidelines referred to in Article 10(3), assess their

coherence at EU level and assist Member States in the cooperation process set out in

paragraph 2.

▌

153

Article 4

Electricity supply for transport

1. Member States shall ensure, through their national policy frameworks, that an

appropriate number of recharging points accessible to the public are put in place by

31 December 2020, in order to ensure that electric vehicles can circulate at least in

urban/suburban agglomerations and other densely populated areas, and, where

appropriate, within networks determined by the Member States. The number of these

recharging points shall be established taking into consideration inter alia the

number of electric vehicles estimated to be registered in 2020, set out in their

national policy frameworks, as well as best practices and recommendations issued by

the Commission. Particular needs related to the installation of recharging points

accessible to the public at public transport stations shall be taken into account,

where appropriate.

154

2. The Commission shall assess the application of the provisions in paragraph 1 and,

as appropriate, present a proposal to modify this Directive, taking into account the

development of the electric vehicle market, in order to ensure that an additional

number of recharging points accessible to the public are put in place in each

Member State by 31 December 2025 at the latest, at least on the TEN-T Core

Network, in urban/suburban agglomerations and other densely populated areas.

2a. Member States shall also take measures within their national policy frameworks to

encourage and facilitate the deployment of recharging points not accessible to the

public.

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3. Member States shall ensure that normal power recharging points for electric vehicles,

excluding wireless or inductive units, deployed or renewed as from [36 months from

the date of entry into force of this Directive] comply at least with the technical

specifications set out in Annex III.1.1 and with specific safety requirements in force

at national level.

Member States shall ensure that high power recharging points for electric vehicles,

excluding wireless or inductive units, deployed or renewed as from [36 months from

the date of entry into force of this Directive] comply at least with the technical

specifications set out in Annex III.1.2.▌

▌

156

4. Member States shall ensure that the need for shore-side electricity supply for inland

waterway vessels and sea-going ships in maritime and inland ports is assessed in

their national policy frameworks. Such shore-side electricity supply shall be installed

as a priority in ports of the TEN-T Core Network, and in other ports, by 31

December 2025, unless there is no demand▌ and the costs are disproportionate to

the benefits, including environmental benefits.

5. Member States shall ensure that shore-side electricity supply installations for

maritime and inland waterway transport deployed or renewed as from [36 months

from the date of entry into force of this Directive] comply with the technical

specifications set out in Annex III.1.3.

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6. Recharging at recharging points accessible to the public for electric vehicles shall, if

technically feasible and economically reasonable, make use of intelligent metering

systems as defined in Article 2(28) of Directive 2012/27/EU and respect the

requirements laid down in Article 9(2) of that Directive.

▌

8. Member States shall ensure that operators of recharging points accessible to the

public are free to purchase electricity from any EU electricity supplier, subject to the

supplier’s agreement. The operators of recharging points shall be allowed to provide

electric vehicle recharging services to customers on a contractual basis, including in

the name and on behalf of other service providers.

8a. All recharging points accessible to the public shall also provide for ad-hoc charging

possibility to electric vehicle users without entering in a contract with the electricity

supplier or operator concerned.

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8b. Member States shall ensure that prices charged by the operators of recharging points

accessible to the public are reasonable, easily and clearly comparable, transparent

and non-discriminatory.

9. Member States shall ensure▌ that distribution system operators cooperate on a non-

discriminatory basis with any ▌person which establishes or operates recharging

points accessible to the public.

10. Member States shall ensure that the legal framework allows that electricity supply for

a recharging point can be contracted with other suppliers than the supplier of the

household or premises where these recharging points are located.

10a. Without prejudice to Regulation (EU) No 1025/2012, the Union shall pursue the

development by the appropriate standardisation organisations of European

standards containing detailed technical specifications for wireless charging and

exchange of batteries for motor vehicles, and for recharging points for L-category

motor vehicles and electric buses.

159

11. The Commission shall be empowered to adopt delegated acts in accordance with

Article 8 to:

(a) supplement this Article and Annex III. points 1.2a, 1.2b. 1.2c and 1.2d in order

to require compliance, by the infrastructures to be deployed or renewed, with

the technical specifications for wireless charging, exchange of batteries,

recharging points for L-category motor vehicles and recharging points for

electric buses contained in the European standards to be developed pursuant to

paragraph 10a, where the relevant European Standardisation Organisations

have recommended only one technical solution with technical specifications as

described in a relevant European standard.

(b) update the references to the standards referred to in the technical

specifications set out in Annex III.1 where these standards are replaced by new

versions thereof adopted by the relevant standardisation organisations.

160

It is of particular importance that the Commission follow its usual practice and

carry out consultations with experts, including Member States' experts, before

adopting those delegated acts.

These delegated acts shall provide for transitional periods of at least [24] months

before the concerned technical specifications or their amended versions become

binding on infrastructure to be deployed or renewed.

161

Article 5

Hydrogen supply for road transport

1. Those Member States which decide to include hydrogen refuelling points accessible

to the public in their national policy framework shall ensure that an appropriate

number of such points are available to ensure the circulation of hydrogen powered

motor vehicles, including fuel cell vehicles, within networks determined by those

Member States, including cross-border links where appropriate, by 31 December

2025 at the latest.

2. Member States shall ensure that hydrogen refuelling points accessible to the public

deployed or renewed as from [36 months from the date of entry into force of this

Directive] comply with the technical specifications set out in Annex III.2.

162


Article 8 to update the references to the standards referred to in the technical

specifications set out in Annex III.2 where these standards are replaced by new

versions thereof adopted by the relevant standardisation organisations.







163

Article 6

Natural gas supply for transport


appropriate number of refuelling points for LNG are put in place at maritime ports

to enable LNG inland waterway vessels or sea-going ships to circulate throughout

the TEN-T Core Network by 31 December 2025 at the latest. Member States shall co-

operate with neighbouring Member States where necessary to ensure adequate

coverage of the network.


appropriate number of refuelling points for LNG are put in place at inland ports to

enable LNG inland waterway vessels or sea-going ships to circulate throughout the

TEN-T Core Network by 31 December 2030 at the latest. Member States shall co-

operate with neighbouring Member States where necessary to ensure adequate

coverage of the network.

164

2a. Member States shall designate in their national policy frameworks the maritime and

inland ports that shall provide access to refuelling points for LNG pursuant to

paragraphs 1 and 2, also taking into consideration actual market needs.


appropriate number of LNG refuelling points accessible to the public are put in

place by 31 December 2025 at the latest, at least along the existing TEN-T Core

Network, in order to ensure that LNG heavy-duty motor vehicles can circulate

throughout the Union, where there is demand, unless the costs are disproportionate

to the benefits, including environmental benefits.

3a. The Commission shall assess the application of the provisions in paragraph 3 and,

as appropriate, present a proposal to modify this Directive by 31 December 2027 at

the latest, taking into account the LNG heavy-duty motor vehicles market, in order

to ensure that an appropriate number of LNG refuelling points accessible to the

public are put in place in each Member State.

165

3b. Member States shall ensure in their territory an appropriate distribution system for

LNG supply, including loading facilities for LNG tank vehicles, for refuelling points

referred to in paragraph 1, 2 and 3. By way of derogation, neighbouring Member

States, in the context of their national policy framework, may form a pool for the

purposes of fulfilling the present provision. These agreements will be subject of the

reporting obligations of the Member States, deriving of the provisions of the present

Directive.

▌


appropriate number of CNG refuelling points accessible to the public are put in

place by 31 December 2020, in order to ensure, in line with Article 3(1) indent 6,

that CNG motor vehicles can circulate ▌ in urban/suburban agglomerations and

other densely populated areas, and, where appropriate, within networks determined

by the Member States.

6a. Member States shall ensure, through their national policy frameworks, that an

appropriate number of CNG refuelling points accessible to the public are put in

place by 31 December 2025 at the latest, at least along the existing TEN-T Core

Network, to ensure that CNG motor vehicles can circulate throughout the Union.

166

7. Member States shall ensure that CNG refuelling points for motor vehicles deployed

or renewed [36 months from the date of entry into force of this Directive] comply

with the technical specifications set out in Annex III.3.3.1.

▌

8a. Without prejudice to Regulation (EU) No 1025/2012, the Union shall pursue the

development by the relevant European or international standardisation

organisations of:

(a) a standard, including detailed technical specifications, for refuelling points for

LNG for maritime and inland waterway transport,

(b) a standard, including detailed technical specifications, for refuelling points for

LNG and CNG motor vehicles.

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Article 8 to:

(a) supplement this Article and Annex III points 3.1, 3.2 and 3.3a, in order to

require compliance, by the infrastructures to be deployed or renewed, with the

technical specifications contained in the standards to be developed pursuant to

paragraph 8a, points (a) and (b) where the relevant European Standardisation

Organisations have recommended only one technical solution with technical

specifications as described in a relevant European standard, if applicable,

compatible with the relevant international standards.

(b) update the references to the standards referred to in the technical

specifications set out or to be set out in Annex III.3 where these standards are

replaced by new versions thereof adopted by the relevant European or

international standardisation organisations.

168







169

10. In the absence of a standard, including detailed technical specifications for

▌refuelling points for LNG for maritime and inland waterway transport, referred to in

paragraph 8a (a), and in particular in the absence of those specifications related to

bunkering of LNG, the Commission, taking into account the work ongoing at the

IMO, CCNR, the Danube Commission and other relevant international fora, shall

be empowered to adopt delegated acts in accordance with Article 8 to lay down:

– requirements for interfaces of bunker transfer of LNG in maritime and inland

waterway transport,

– requirements related to safety aspects of the onshore storage and bunkering

procedure of LNG in maritime and inland waterway transport.


carry out consultations with relevant groups of experts on maritime transport and

experts on inland waterways transport, including experts from national maritime or

inland navigation authorities, before adopting those delegated acts.

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Article 7

User information ▌

1. Without prejudice to Directive 2009/30/EC, Member States shall ensure that relevant,

consistent and clear information is made available as to which motor vehicles can be

regularly fuelled with individual fuels put on the market or recharged by recharging

points. Such information shall be made available in motor vehicle manuals, at

refuelling and recharging points, on motor vehicles and motor vehicle dealerships in

their territory. This applies to motor vehicles and motor vehicle manuals when those

motor vehicles are put on the market after [the date of the transposition of this

Directive].

▌

171

2. The provision of information ▌referred to in paragraph 1 shall be based on the

labelling provisions regarding fuel compliance under standards of the European

Standardisation Organisations setting the technical specifications of fuels. Where

such standards refer to a graphical expression, including a colour coding scheme,

the graphical expression shall be simple and easy to understand, and it shall be

placed in a clearly visible manner:

(a) on corresponding pumps and their nozzles at all refuelling points, from the

moment fuels are put on the market;

(b) on or in the immediate proximity of all fuel tanks' filling caps of motor

vehicles recommended and compatible with that fuel and in motor vehicle

manuals, when those motor vehicles are put on the market after [the date of

the transposition of this Directive].

172

3a. Where appropriate, when displaying fuel prices at a fuel station, in particular for

natural gas and hydrogen, comparison between the relevant unit prices shall be

displayed for information purposes. Display of this information shall not mislead or

confuse the user.

In order to increase consumer awareness and provide for fuel price transparency in

a consistent way across the Union, the Commission shall be empowered to adopt, by

means of implementing acts, a common methodology for alternative fuels unit price

comparison.

173

4. Where European Standardisation Organisations' standards setting technical

specifications of a fuel do not include labelling provisions for compliance with the

standards or if the labelling provisions do not refer to a graphical expression

including colour coding schemes, or if the labelling provisions are not suitable for

reaching the objectives of this Directive, the Commission may, for the purposes of the

uniform implementation of paragraphs 1 and 2, mandate European Standardisation

Organisations to develop compatibility labelling specifications or adopt implementing

acts ▌ determining the graphical expression, including a colour coding scheme, of

compatibility for fuels introduced in the Union market and reaching the level of 1% of

the total volume of sales, in the assessment of the Commission, in more than one

Member State.

174

4a. If labelling provisions of the respective CEN standards are updated, implementing

acts regarding the labelling are adopted or new CEN standards for alternative fuels

are developed if necessary, the corresponding labelling requirements shall apply to

all refuelling and recharging points and motor vehicles registered on the territory of

the Member States [24] months after their respective adoption.

5. The implementing acts referred to in the present Article shall be adopted in accordance

with the procedure referred to in Article 9(2).

6. Member States shall ensure that, when available, the data of the geographic location

of the refuelling and recharging points accessible to the public of alternative fuels

covered in this Directive is accessible in an open and non-discriminatory basis to all

users. For recharging points, the data, when available, may include information on

real-time accessibility as well as historical and real-time charging information.

175

Article 8

Exercise of the delegation

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 Articles ▌4, 5 and 6 shall be conferred on the

Commission for a period of five years from [the date of entry into force of this

Directive]. 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.

176

3. The delegation of power referred in Articles ▌4, 5 and 6 may be revoked at any time

by the European Parliament or by the Council. A decision of revocation shall put an

end to the delegation of the power specified in that decision. It shall take effect the day

following the publication of the decision 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 Articles ▌4, 5 and 6 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 three months at the initiative of the European Parliament or of the

Council.

177

Article 9

Committee

1. The Commission shall be assisted by a committee. That committee shall be a

committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011

shall apply. Where the Committee delivers no opinion, the Commission shall not

adopt the draft implementing act and the third subparagraph of Article 5(4) of

Regulation (EU) No 182/2011 shall apply.

3. Where the opinion of the committee is to be obtained by written procedure, that

procedure shall be terminated without result when, within the time-limit for delivery of

the opinion, the chair of the committee so decides or a simple majority of committee

members so request.

178

Article 10

Reporting and review

1. Each Member State shall submit ▌to the Commission a report on the implementation

of its national policy framework [three years after the deadline of notification set in

Article 3(5)], and every three years thereafter. Those reports shall cover the

information set out in Annex I and shall, where appropriate, include a relevant

justification regarding the level of attainment of the national targets and objectives

referred to in Article 3(1).

1a. Within one year from the [deadline of notification set in Article 3(5)], the

Commission shall submit to the European Parliament and the Council a report on

the assessment of the national policy frameworks and their coherence at Union

level, including an evaluation of the level of attainment of the national targets and

objectives referred to in Article 3(1).

179

2. The Commission shall submit a report on the application of this Directive to the

European Parliament and the Council every three years with effect from [four years

after the transposition date of this Directive].

The Commission report shall contain the following elements:

– the assessment of the actions taken by ▌Member States;

– the assessment of the effects of this Directive on the market development of

alternative fuels infrastructure and its contribution to the market of alternative

fuels for transport as well as its impact on the economy and the environment;

180

– information on technical progress and market development of the alternative

fuels in the transport sector and the relevant infrastructure covered by this

Directive and of any other alternative fuel.

The Commission may outline examples of best practice and make appropriate

recommendations.

The Commission report shall also assess the requirements and the dates set out in this

Directive in respect to the infrastructure build-up and implementation of specifications,

taking into account the technical, economic and market developments of the respective

alternative fuels, accompanied if appropriate by a legislative proposal.

181

3. The Commission shall adopt guidelines concerning the reporting by the Member

States of the elements provided for in Annex I.

4. By 31 December 2020 at the latest, the Commission shall review the implementation

of this Directive, and as appropriate present a proposal to modify it with new

common technical specifications for alternative fuels infrastructure under the scope

of this Directive.

5. By 31 December 2018, the Commission shall, if it considers appropriate, adopt an

Action Plan for the implementation of the "Strategy on Clean Power for Transport"

(COM (2013)0017) in order to achieve the broadest possible use of alternative fuels

for transport, while ensuring technological neutrality, and promote sustainable

electric mobility throughout the Union. For this purpose, it may take into account

individual market needs and developments in the Member States.

182

Article 11

Transposition

1. Member States shall bring into force the laws, regulations and administrative

provisions necessary to comply with this Directive by [24 months from the date of the

entry into force of this Directive]. They shall forthwith inform the Commission

thereof.

2. When Member States adopt those provisions, they shall contain a reference to this

Directive, or be accompanied by such a reference on the occasion of their official

publication. The methods of making such reference shall be laid down by Member

States.

3. Member States shall communicate to the Commission the text of the main provisions

of national law which they adopt in the field covered by this Directive.

183

Article 12

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union.

Article 13

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

________________

184

ANNEX I

Report

The report shall contain a description of the measures undertaken in a Member State in

support of alternative fuels infrastructure build-up. This report shall include at least the

▌elements ▌listed below.

1. Legal measures

Information on legal measures, which may consist of legislative, regulatory and

administrative measures to support the build up of alternative fuels infrastructure, such

as building permits, parking lots permits, environmental performance of businesses

certification, fuel stations concessions.

2. Policy measures supporting the implementation of the national policy framework

Information on these measures shall include ▌the following elements :

- Direct incentives for purchase of ▌means of transport using alternative fuels or

building of the infrastructure;

185

- Availability of tax incentives to promote ▌means of transport using alternative

fuels and infrastructure;

- Use of public procurement in support of alternative fuels, including joint

procurement;

- Demand side non-financial incentives: e.g. preferential access to restricted areas,

parking policy, dedicated lanes;

- Consideration of the need for renewable jet fuel refuelling points in airports in

the TEN-T Core Network;

- Technical and administrative procedures and legislation with regard to the

authorisation of alternative fuels supply, in order to facilitate the process.

186

3. Deployment and manufacturing support

Yearly public budget allocated for alternative fuels infrastructure deployment,

differentiated by alternative fuel and transport mode (road, rail, water and air).

Yearly public budget allocated to support manufacturing plants for alternative fuels

technologies, differentiated by alternative fuel and transport mode.

Consideration of any particular needs during the initial phase of the deployment of

alternative fuels infrastructures.

4. Research, technological development and demonstration ▌

Yearly public budget allocated to support alternative fuels RTD&D, differentiated by

fuel and transport mode.

187

5. Targets and objectives

- estimation of the number of alternative fuel vehicles expected by 2020, 2025

and 2030;

- level of achieving the national objectives for the deployment of alternative fuels

in the different transport modes (road, rail, water and air) ▌;

- level of achieving the national targets, ▌ year by year, for the deployment of

alternative fuels infrastructure in the different transport modes ▌;

- information on methodology applied to take account of charging efficiency of

high power recharging points.

5a. Alternative fuels infrastructure developments

Changes in supply (additional infrastructure capacity) and demand (capacity

actually used).

________________

188

▌

189

ANNEX III

Technical specifications

1. Technical specifications for ▌recharging points

1.1 Normal power recharging points for motor vehicles

Alternate Current (AC) normal power recharging points for electric vehicles shall be

equipped, for interoperability purposes, at least with socket outlets or vehicle

connectors of Type 2 as described in standard EN62196-2 ▌. Maintaining the Type 2

compatibility, these socket outlets may be equipped with features such as mechanical

shutters.

190

1.2 High power recharging points for motor vehicles

Alternate Current (AC) high power recharging points for electric vehicles shall be

equipped, for interoperability purposes, at least with connectors of Type 2 as

described in standard EN62196-2.

Direct Current (DC) high power recharging points for electric vehicles shall be

equipped, for interoperability purposes, at least with connectors of Type "Combo 2" as

described in ▌standard ▌EN62196-3.

1.2a Wireless recharging points for motor vehicles

1.2b Battery exchange for motor vehicles

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1.2c Recharging points for L-category motor vehicles

1.2d Recharging points for electric buses

1.3 Shore-side electricity supply for inland waterway vessels or sea-going ships

Shore-side electricity supply for inland waterway vessels or sea-going ships,

including the design, installation and testing of the systems, shall comply with the

▌technical specifications of the IEC/ISO/IEEE 80005-1 standard.

2. Technical specifications for hydrogen refuelling points for motor vehicles

192

2.1. Outdoor hydrogen refuelling points dispensing gaseous hydrogen used as fuel on board

motor vehicles shall comply with the ▌technical specifications of the ISO/TS 20100 ▌

Gaseous Hydrogen Fuelling specification.

2.2. The hydrogen purity dispensed by hydrogen refuelling points shall comply with the

technical specifications included in the ISO 14687-2 standard.

2.3. Hydrogen refuelling points shall employ fuelling algorithms and equipment complying

with the ISO/TS 20100 ▌Gaseous Hydrogen Fuelling specification.

2.4. Connectors for motor vehicles for the refuelling of gaseous hydrogen shall comply

▌with the ISO 17268 gaseous hydrogen motor vehicle refuelling connection devices

standard.

193

3. Technical specifications for natural gas refuelling points

3.1. Technical specifications for refuelling points for Liquefied Natural Gas (LNG) for

inland waterway vessels or sea-going ships

▌

3.2. Technical specifications for refuelling points for Liquefied Natural Gas (LNG) ▌for

motor vehicles

▌

194

3.3. Technical specifications for Compressed Natural Gas (CNG) connectors/receptacles

▌ CNG connectors/receptacles shall comply with UN ECE Regulation 110 (referring to

ISO 14469, parts I and II).

3.3a Technical specifications for Compressed Natural Gas (CNG) refuelling points for

motor vehicles

▌

______________________

195

P7_TA-PROV(2014)0353

Dimensions and weights of road vehicles circulating within the Community ***I

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (COM(2013)0195 – C7-0102/2013 – 2013/0105(COD))




– having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0102/2013),


– having regard to the opinion of the European Economic and Social Committee of 11 July 20131,

– after consulting the Committee of the Regions,


– having regard to the report of the Committee on Transport and Tourism (A7-0256/2014),




Amendment 1


1 OJ C 327, 12.11.2013, p. 133.

196


(1) The White Paper ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ published in 20116 emphasised the need to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions, by 60% in comparison with 1990 levels by 2050.

(1) The White Paper ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ published in 20116 emphasised the need to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions, by 60% in comparison with 1990 levels by 2050, as well as by 20% by 2020.

__________________ __________________6 COM (2011) 0144 6 COM (2011) 0144

Amendment 2



(1a) As there are currently no policies in place to deal with the rising CO2 emissions from trucks, the Commission should assess the introduction of fuel efficiency standards for trucks, further extending its legislative approach in respect of cars and vans.

Amendment 3



(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents.

(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents. The same applies to energy-absorbing aerodynamic cowls and underrun protective devices

197

affixed in the area of the wheels on the sides and at the rear under the trailers, semi-trailers and vehicles. These can significantly improve the energy efficiency of the vehicle while also significantly reducing the risk of injury to other road users. This Directive should also encourage and facilitate innovation in vehicle and transport unit design.

Amendment 4



(3a) The Commission should develop an approach aimed at reducing empty runs in road freight transport within the framework of measures concerning ‘weights and dimensions’, as well as minimum harmonisation rules for road cabotage, in order to avoid dumping practices. Furthermore, the review of Directive 1999/62/EC of the European Parliament and of the Council1a ("the Eurovignette Directive") should also be used to reflect progress in estimating the external costs, and to mandate the internalisation of external costs, for heavy goods vehicles. The Commission should present, before 1 January 2015, a proposal to amend the Eurovignette Directive.

____________________1a Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42).

Amendment 5


198


(4) The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above. However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required.

(4) Heavy-good vehicles are responsible for about 26 % of road transport CO2 emissions in Europe while their fuel efficiency has hardly improved over the last 20 years. The improved aerodynamics of the cabs of motor vehicles would allow significant gains in the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above, and are urgently needed in order for the road freight sector to significantly reduce vehicle emissions. However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required. Any such derogation should not be used to increase the payload of the vehicle.

Amendment 6



(5) In its policy orientations on road safety 2011-20207, the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community8. A new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision, including under the windscreen, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. This new profile could also incorporate energy absorption structures in

(5) In its policy orientations on road safety 2011-20207, the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community8. A new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision, including under the windscreen and to the side of the vehicle, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. The new cab profile should therefore, after an

199

the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety.

appropriate transitional period, become mandatory. This new profile should also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety.

__________________ __________________7 COM(2010) 389 7 COM(2010) 3898 COM (2012) 258 8 COM (2012) 258

Amendment 7



(6) Aerodynamic devices and their installation in vehicles must be tested before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States.

(6) Aerodynamic devices and their installation in vehicles must be tested, in accordance with the test procedure for the measurement of aerodynamic performance which is being developed by the Commission, before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States. The Commission should develop detailed technical guidelines on the application and requirements for certificates.

Amendment 8



(6a) The 2011 White Paper on Transport provides that 30 % of road freight carried over distances of more than 300 km should shift to other modes, such as rail or waterborne transport, by 2030, and more than 50 % by 2050, facilitated by efficient and green freight corridors. In order to meet this goal, appropriate infrastructure will need to be developed. This goal was approved by the European Parliament in its resolution of 15

200

December 2011 on the Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system1a.

_________________1a OJ C 168 E, 14.6.2013, p. 72.

Amendment 9

Proposal for a directiveRecital 6 b (new)


(6b) In order to meet the objectives of the 2011 White Paper on Transport, the revision of Directive 96/53/EC will present an opportunity to improve the safety and comfort of drivers, taking into account the requirements laid down in Council Directive 89/391/EEC1a ("the Occupational Health and Safety Framework Directive").

____________________1a Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 26.9.1989, p. 1).

Amendment 10



(7) Longer vehicles may be used in cross-border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on

deleted

201

international competition if the cross-border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States' right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.

Amendment 11



(8) Using alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments) generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms.

(8) Using alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments) generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms. Vehicles equipped with low-carbon technologies should be permitted to exceed the maximum weight by up to one tonne, depending on the weight required for the technology. However, the extra weight should not increase the load capacity of the vehicle. The principle of technological neutrality should be maintained.

Amendment 12



(9) The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are

(9) The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are

202

transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16.50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however authorised only for intermodal transport, for which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. To link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra-European maritime transport operation.

transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16.50 m) does not constitute an additional risk to road safety.

Amendment 13



(12) The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal

(12) The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal

203

uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market. It is therefore important that Member States increase the pace of checks carried out, both the manual checks and the pre-selections for manual checks.

uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market and a risk to road safety. It is therefore important that Member States increase the pace and efficiency of checks carried out, both the manual checks and the pre-selections for manual checks, based on a risk-rating system.

Amendment 14



(14) The observation of a high number of infringements of the provisions of Directive 96/53/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union level. These administrative penalties should be effective, proportionate and dissuasive.

(14) The observation of a high number of infringements of the provisions of Directive 96/53/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union level. These administrative penalties should be effective, proportionate, dissuasive and non-discriminatory.

Amendment 15



(16) The European Parliament and the (16) The European Parliament and the

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Council should be regularly informed of the checks on road traffic carried out by the Member States. This information, provided by the Member States, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.

Council should be regularly informed of the checks on road traffic carried out by the Member States. This information, provided by the Member States through their respective contact points, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.

Amendment 16



(16a) The Commission should review Annex I to Directive 96/53/EC and report on its implementation, taking into account, inter alia, impacts on international competition, modal split, costs of infrastructure adaption and the environmental and safety objectives of the European Union as set in the 2011 White Paper on Transport.

Amendment 17



(17) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing

(17) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic and underrun protective devices placed at the sides and in the rear of the vehicle or the design of new motor vehicles, with a view to reviewing European type-approval procedures as referred to in Directive 2007/46/EC within the framework of UNECE regulations, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of

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and drawing-up delegated acts, shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The consultations should include the interested parties such as manufacturers, drivers, road safety associations, traffic authorities, and training centres. The Commission shall publish a report on the results of the consultation. The interested parties should be left sufficient time to comply with these requirements.

Amendment 18

Proposal for a directiveArticle 1 – point 1Directive 96/53/ECArticle 2 – subparagraph 1 – indent 15


– ‘hybrid propulsion vehicle’ means a vehicle within the meaning of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles10 , equipped with one or more traction motor(s) operated by electric power and not permanently connected to the grid and one or more traction motor(s) operated by internal combustion;

– ‘low carbon technology’ means technology which does not fully rely on fossil oil sources in the energy supply to transport and which significantly contribute to the decarbonisation of transport. The sources include:

– electricity,

– hydrogen,

– synthetic fuels,

– advanced Biofuels,

– natural gas, including biomethane, in gaseous form (compressed natural gas – CNG) and liquefied form (liquefied natural gas – LNG), and

– waste heat.

__________________10 OJ L 263, 9.10.2007, p. 1.

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Amendment 19

Proposal for a directiveArticle 1 – point 1Directive 96/53/ECArticle 2 – paragraph 1 – indent 14


– ‘electric vehicle’ means a vehicle within the meaning of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles11 , equipped with one or more traction motor(s) operated by electric power and not permanently connected to the grid;

deleted

__________________11 OJ L 263, 9.10.2007, p. 1.

Amendment 20

Proposal for a directiveArticle 1 – point 1Directive 96/53/ECArticle 2 – subparagraph 1 – indent 16


– ‘intermodal transport unit’ means a unit belonging to one of the following categories: container, swap body, semi-trailer;

– ‘intermodal loading unit’ means a unit belonging to one of the following categories: container, swap body, semi-trailer;

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout)

Amendment 21

Proposal for a directiveArticle 1 – point 2 – point aDirective 96/53/ECArticle 4 – paragraph 1 – points (a) and (b)

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(a) The word ‘national’ is deleted from points (a) and (b) of paragraph 1.

deleted

Amendment 22

Proposal for a directiveArticle 1 – point 2 – point bDirective 96/53/ECArticle 4 – paragraph 4 – subparagraph 2 – first sentence


(b) The first phrase of the second subparagraph of Article 4(4) is replaced by the following phrase:

deleted

‘Transport operations shall be considered to not significantly affect international competition in the transport sector if they take place on the territory of a Member State or, for a cross-border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and if one of the conditions under (a) and (b) is fulfilled:’

Amendment 23

Proposal for a directiveArticle 1 – point 6Directive 96/53/ECArticle 8 – paragraph 1


1. With the aim of improving the aerodynamic performance of vehicles or combinations of vehicles, vehicles or combinations of vehicles equipped with devices that meet the criteria set out below may exceed the maximum lengths provided for in point 1.1 of Annex I. The only purpose of these exceedances is to allow the addition to the rear of vehicles or vehicle combinations of devices increasing their aerodynamic characteristics.

1. With the aim of improving the aerodynamic performance of vehicles or combinations of vehicles, vehicles or combinations of vehicles equipped with devices that meet the criteria set out below may exceed the maximum lengths provided for in point 1.1 of Annex I by up to 500 mm. The only purpose of these exceedances is to allow the addition to the rear of vehicles or vehicle combinations of devices increasing their aerodynamic

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characteristics.

Amendment 24

Proposal for a directiveArticle 1 – point 6Directive 96/53/ECArticle 8 – paragraph 2 – subparagraph 1 – indent 2 – point i


(i) secure attachment of the devices in such a way as to reduce their risk of their detachment over time

(i) secure attachment of the devices in such a way as to ensure that there is no risk of their detachment

Amendment 25

Proposal for a directiveArticle 1 – point 6Directive 96/53/ECArticle 8 – paragraph 2 – subparagraph 1 – indent 2 – point ii


(ii) day and night markings, effective even in poor weather conditions, that allows other road users to gauge the external bodywork of the vehicle,

(ii) day and night markings in accordance with type-approval rules on the installation of lighting and light-signalling devices, effective even in poor weather conditions, that allow other road users to gauge the external bodywork of the vehicle,

Amendment 26

Proposal for a directiveArticle 1 – point 6Directive 96/53/ECArticle 8 – paragraph 2 – subparagraph 1 – indent 2 – point iv a (new)


(iva) a design which does not reduce the driver’s visibility of the rear of the vehicle,

Amendment 27

Proposal for a directiveArticle 1 – point 6Directive 96/53/ECArticle 8 – paragraph 2 – subparagraph 1 – indent 3 – point iii

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(iii) these devices can be easily folded, retracted or removed by the driver.

(iii) these devices can be easily folded, retracted or removed.

Amendment 28

Proposal for a directiveArticle 1 – point 6Directive 95/53/ECArticle 8 – paragraph 2 – subparagraph 2


The exceedances of maximum lengths do not increase the capacity of vehicles or combinations of vehicles.

The exceedances of maximum lengths do not increase the load capacity of vehicles or combinations of vehicles.

Amendment 29



3. Before being put on the market, the additional aerodynamic devices and their installation on vehicles shall be authorised by the Member States, which shall issue a certificate to this effect, attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance. The certificates of authorisation issued in one Member State shall be recognised by the other Member States.

3. Before being put on the market, the additional aerodynamic devices and their installation on vehicles shall be authorised by the Member States within the framework of Directive 2007/46/EC. Member States shall issue a certificate to this effect, attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance. The certificates of authorisation issued in one Member State shall be recognised by the other Member States.

Amendment 30


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4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive.

Amendment 31



When exercising its power, the Commission shall ensure coherence with the Union's legal acts on type approval.

Amendment 32



5. Pending the adoption of the delegated acts, the vehicles or combinations of vehicles equipped with aerodynamic devices to the rear, which meet the requirements referred to in paragraph 2 and were tested in accordance with paragraph 3 may circulate if their length exceeds the length laid down in Annex I, point 1.1 by no more than two metres. This transitional measure shall apply from the date of entry into force of this

deleted

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Directive.

Amendment 33



1. In the aim of improving the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabs improving the aerodynamic characteristics of vehicles or combinations of vehicles, and improving road safety.

1. In the aim of improving the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabs improving the aerodynamic characteristics of vehicles or combinations of vehicles, and improving road safety for vulnerable road users and vehicles involved in rear-end collisions.

Amendment 34

Proposal for a directiveArticle 1 – point 7Directive 95/53/ECArticle 9 – paragraph 2 – subparagraph 1 – indent 2 – point i


(i) makes vulnerable road users more visible to the driver, in particular by reducing the blind spot under the front windscreen

(i) improves direct vision to make vulnerable road users more visible to the driver, in particular by reducing the blind spots under the front windscreen and all around the cab, and, where necessary, by fitting additional equipment, such as mirrors and camera systems,

Amendment 35

Proposal for a directiveArticle 1 – point 7Directive 95/53/ECArticle 9 – paragraph 2 – subparagraph 1 – indent 2 – point ii

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(ii) reduces the damage in the event of a collision,

(ii) reduces the damage in the event of a collision with other vehicles and improves the energy absorption performance by fitting of an energy absorbing crash management system,

Amendment 36

Proposal for a directiveArticle 1 – point 7Directive 95/53/ECArticle 9 – paragraph 2 – subparagraph 1 – indent 2 – point ii a (new)


(iia) improves pedestrian protection by adjusting the frontal design to minimise the risk of overruns in case of collisions with vulnerable road users by encouraging the sideways diversion of vulnerable users

Amendment 37

Proposal for a directiveArticle 1 – point 7Directive 96/53/ECArticle 9 – paragraph 2 – subparagraph 1 – indent 4


- the comfort and safety of the drivers. - the comfort and safety of the drivers with a view to improving workplace conditions.

Amendment 38

Proposal for a directiveArticle 1 – point 7Directive 96/53/ECArticle 9 – paragraph 2 a (new)


(2a) With the aim of improving the driver’s safety and comfort, and ultimately to ensure the improvement of road safety of the vehicles in the scope of

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this Directive, the safety and comfort requirements referred to in Article 9(2) to be met by the driver’s cabs are as follows:

- compliance with the requirements set out in the Occupational Health and Safety Framework Directive 89/391/EEC, with its hierarchy of prevention measure for the elimination of sources of whole-body vibration and of musculoskeletal disorders;

- the provision of the driver’s cab with safety features starting with a secure fire exit of the cab;

- the increase in size of the driver’s cab to adapt to comfort and safety requirements for driver’s seats and couchettes taking into account emergency situations.

Amendment 39



3. Before they are put on the market, the aerodynamic performance of new motor vehicle designs shall be tested by Member States, who will issue a certificate to this end. This will certify compliance with the requirements of paragraph 2 above. The test certificates issued in one Member State shall be recognised by the other Member States.

3. Before they are put on the market, the aerodynamic and safety performance of new motor vehicle designs shall be tested within the framework of Directive 2007/46/EC by Member States, who will issue a certificate to this end. This will certify compliance with the requirements of paragraph 2 above. The test of the aerodynamic performance of these vehicles shall be in line with the relevant rules for measurement of aerodynamic performance developed by the Commission. The test certificates issued in one Member State shall be recognised by the other Member States.

Amendment 40

Proposal for a directiveArticle 1 – point 7

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Directive 96/53/ECArticle 9 – paragraph 3 a (new)


3a New N2 and N3 vehicles and combination of vehicles shall use cabs that comply with the safety requirements referred to in Article 9(2) from [seven years from the entry into force of this Directive].

Amendment 41



4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements which the new tractor cabs must meet, and which are referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16 and in line with the existing UN ECE regulations to complement the requirements which the new tractor cabs must meet, and which are referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of safety and aerodynamic performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive.

Amendment 42

Proposal for a directiveArticle 1 – point 9Directive 96/53/ECArticle 10a – paragraph 1

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The maximum weights of vehicles with hybrid propulsion or fully electric propulsion shall be those set out in Annex I, point 2.3.1.

The maximum weights of vehicles equipped with low carbon technologies shall be those set out in Annex I, point 2.3.4.

Amendment 43

Proposal for a directiveArticle 1 – point 9Directive 96/53/ECArticle 10a – paragraph 2


The vehicles with hybrid or electric propulsion must however comply with the limits set out in Annex I point 3: maximum authorized axle weight.

The vehicles equipped with low-carbon technologies must however comply with the limits set out in Annex I point 3: maximum authorized axle weight.

Amendment 44



The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of an intermodal transport operation.

The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of a combined transport operation.

Amendment 45



For the purposes of this Article, and of By 2017, the Commission shall, if

216

point 2.2.2(c) of Annex I, an intermodal transport operation shall include at least rail, river or sea transport at least. It shall also include a road section for its initial and/or terminal journey. Each of these road sections shall be less than 300 km in the territory of the European Union or just as far as the closest terminals between which there is a regular service. A transport operation shall also be regarded as intermodal transport if it uses intra-European short sea shipping, regardless of the lengths of the initial and terminal road journeys. The initial road journey and the terminal road journey for an operation using intra-European short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg, and/or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg.

appropriate, make a legislative proposal to amend Directive 92/106/EEC and, in particular, the existing definition of combined transport, in order to take into account the development of containerisation and in view of facilitating the development of efficient intermodal transport.

Amendment 46



1. The Member States shall establish a system for pre-selecting and targeting checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive.

1. The Member States shall establish a system for pre-selecting, targeting and carrying out checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive.

Amendment 47

Proposal for a directiveArticle 1 – point 11Directive 96/53/ECArticle 12 – paragraph 1 – subparagraph 2 (new)

217


Member States shall ensure that the information concerning the number and severity of any infringements of this Directive that an individual undertaking has committed is introduced into the risk rating system established under Article 9 of Directive 2006/22/EC.

Amendment 48



When identifying vehicles to be subject to checks, Members States may select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Directive 2006/22/EC. Vehicles may also be selected randomly for checks.

Amendment 49



2. After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles

2. After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must

218

suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States.

enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States. The onboard systems may be integrated with digital tachographs installed in vehicles in line with Regulation EU 2014/... (Regulation on recording equipment in road vehicles).

Amendment 50



6. In accordance with paragraph 1, Member States shall encourage the equipment of vehicles and vehicle combinations with onboard weighing devices (total weight and axle load) to enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods. This communication shall be through the interface defined by the CEN DSRC13 standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906.

6. In accordance with paragraph 1, new N2 and N3 vehicles and vehicle combinations shall be fitted with onboard weighing systems (total weight and axle load) that enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods from [five years from the entry into force of this Directive]. This communication shall be through the interface defined by the CEN DSRC13 standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. The information shall also be accessible for the driver.

__________________ __________________13 DSRC: Dedicated Short-Range Communications

13 DSRC: Dedicated Short-Range Communications

Amendment 51

Proposal for a directiveArticle 1 – point 11Directive 96/53/ECArticle 12 – paragraph 7 – indent 2 a (new)

219


– the common procedures and specifications to achieve a sufficient level of reliability that allows the onboard systems to be used for the enforcement of the provisions of this Directive, in particular of Article 13.

Amendment 52

Proposal for a directiveArticle 1 – point 11Directive 96/53/ECArticle 12 – paragraph 7 a (new)


7a. The Commission shall assess whether the onboard systems, when interconnected to the digital tachograph, can be useful to enforce other road transport legislation. The Commission shall, if appropriate, come forward with legislative proposals.

Amendment 53



2. An overload of less than 5 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for this type of penalty;

2. An overload of less than 2 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for this type of penalty.

Amendment 54

Proposal for a directiveArticle 1 – point 12

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Directive 96/53/ECArticle 13 – paragraph 3


3. An overload of between 5 and 10 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning of this Directive, and shall give rise to a financial penalty. The inspection authorities may also immobilise the vehicle for unloading until it reaches the maximum authorised weight;

3. An overload of between 2 % and 10 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning of this Directive, and shall give rise to a penalty. The inspection authorities may also immobilise the vehicle for unloading until it reaches the maximum authorised weight.

Amendment 55



4. An overload of between 10 and 20 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a financial penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight,

4. An overload of between 10 and 15 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight,

Amendment 56



5. An overload of more than 20 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate

5. An overload of more than 15 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate

221

immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a financial penalty. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/200914.

immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a penalty.

__________________14 OJ L 300, 14.11.2009, p. 51.

Amendment 57



6. An excess length or excess width of less than 2% of the maximum dimensions indicated in point 1of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for such a penalty.

6. An excess length, height or width of less than 1 % of the maximum dimensions indicated in point 1of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for such a penalty.

Amendment 58



7. An excess length or excess width of between 2 and 20% of the maximum dimensions indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, shall give rise a financial penalty. The inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with Article 4(3);

7. An excess length, height or width of between 1 and 10% of the maximum dimensions indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, shall give rise a penalty for the haulier. The inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with Article 4(3);

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Amendment 59



8. An excess length or excess width of the load or of the vehicle of more than 20% of the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. It shall give rise to a financial penalty and to the immediate immobilisation of the vehicle by the inspection authorities, until its unloading or until the transport company obtains a special permit in accordance with Article 4(3), if the excess length or excess width comes from the load. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009.

8. An excess length, height or width of the load or of the vehicle of more than 10% of the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. It shall give rise to a penalty for the haulier and to the immediate immobilisation of the vehicle by the inspection authorities, until its unloading or until the transport company obtains a special permit in accordance with Article 4(3), if the excess length or excess width comes from the load.

Amendment 60



For the transport of containers, the shipper shall give the road haulier to whom it entrusts the transport of a container a statement indicating the weight of the container moved. If this information is missing or incorrect, the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded.

For the transport of containers, the shipper shall give the road haulier to whom it entrusts the transport of a container, in advance of loading, a written statement indicating the gross weight of the container moved. That statement can also be submitted by electronic means. Irrespective of its form, the document declaring the gross weight of the container shall be signed by a person duly authorised by the shipper. If the information on the gross weight of the

223

container is missing or incorrect, the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded.

Amendment 61



In intermodal transport operations, the information on the gross weight of a packed container shall be provided to the next party taking custody of the container.

Amendment 62



2. The power to adopt delegated acts referred to in Article 8(4), Article 9(5) and Article 12(7) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Directive]

2. The power to adopt delegated acts referred to in Article 8(4), Article 9(5) and Article 12(7) shall be conferred on the Commission for a period of five years from [the date of entry into force of this Directive]. 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 63

Proposal for a directiveArticle 1 – point 15 a (new)Directive 96/53/ECArticle 16 a (new)

224


(15a) The following Article shall be added:

Article 16a

Reporting

By 2016, the Commission shall review Annex I to Directive 96/53/EC and submit a report on its implementation to the European Parliament and the Council. On the basis of this report, the Commission, shall, if appropriate, make a legislative proposal duly accompanied by an impact assessment. The report shall be made available at least 6 months prior to any legislative proposal.

Amendment 64

Proposal for a directiveArticle 1 – point 15 b (new)Directive 96/53/ECArticle 16 b (new)


(15b) The following Article shall be added:

Article 16b

By 01.01.2016 the Commission shall complete a review of this Directive and, if appropriate, on the basis of such a review and its impact assessment, shall submit a proposal to the European Parliament and to the Council by 01.01.2017, to mandate the safety requirements laid down in Article 9(2) for all new M2 and M3 vehicles.

Amendment 65

Proposal for a directiveArticle 1 – point 16 – point -a (new)Directive 96/53/ECAnnex I – point 1.1 – indent 8 a (new)

225


(-a) The following indent shall be added to point 1.1:

- ‘loaded vehicle transporters: 20,75m’

Amendment 66

Proposal for a directiveArticle 1 – point 16 – point a a (new)Directive 96/53/ECAnnex I – point 1.4


(aa) Point 1.4 is replaced by the following:

1.4 Removable superstructures and standardized freight items such as containers are included in the dimensions specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4

1.4 Removable superstructures and standardized freight items such as containers are included in the dimensions specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4. Due to the indivisible nature of finished vehicles such as new cars loaded upon specialised transporters, such loaded transporters may exceed the dimensions in point 1.1 to the extent that national regulations and infrastructure conditions allow it and as long as these vehicle transporters when empty comply in full with the abovementioned points.

Amendment 70

Proposal for a directiveArticle 1 – point 16 – point bDirective 96/53/EGAnnex 1 – point 2.2.2 – point c


three-axle motor vehicle with two or three-axle semi-trailer carrying, in intermodal transport, one or more intermodal transport units, for a total maximum length of 40 or 45 foot: 44 tonnes.

two- or three-axle motor vehicle with two or three-axle semi-trailer carrying, in intermodal transport, one or more intermodal transport units, for a total maximum length of 45 feet: 44 tonnes

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Amendment 67

Proposal for a directiveArticle 1 – point 16 – point cDirective 96/53/ECAnnex I – point 2.3.1 – indent 2


'two-axle motor vehicles other than buses, and with hybrid or electric propulsion: 19 tonnes'

deleted

Amendment 68

Proposal for a directiveArticle 1 – paragraph 1 – point 16 – point cDirective 96/53/ECAnnex I – point 2.3.1 – indent 2


'two-axle buses: 19 tonnes' 'two-axle buses: 19.5 tonnes'

Amendment 69

Proposal for a directiveArticle 1 – point 16 – point c a (new)Directive 96/53/ECAnnex I – point 2.3.4 (new)


(ca) The following point shall be added:

2.3.4 Vehicles equipped with low carbon technology:

The maximum weight is that mentioned in point 2.3.1, 2.3.2, 2.3.3 or 2.4 increased by the additional weight required for the low carbon technology, with a maximum of 1 tonne. That additional weight shall be indicated in the official registration documents of the motor vehicle issued by the Member State where the vehicle is registered. In cases where this information is missing, the values mentioned in points 2.3.1., 2.3.2, 2.3.3 or 2.4 shall apply.

227