natgillin/translations-raw huggingface dataset:
The Committee adopted an amendment to the proposal deleting Article 133 as legal basis, as it considered that such a double legal basis was not justified in so far as the proposed act does not simultaneously pursue several objectives without one being secondary and indirect in relation to the other.
The Committee adopted an amendment to the proposal deleting Article 133 as legal basis, as it considered that such a double legal basis was not justified in so far as the proposed act does not simultaneously pursue several objectives without one being secondary and indirect in relation to the other.
On the contrary, the Commission, in its explanatory memorandum, stated that the measure is motivated by the objectives of protecting human health and the environment and not by commercial policy considerations.
On the contrary, the Commission, in its explanatory memorandum, stated that the measure is motivated by the objectives of protecting human health and the environment and not by commercial policy considerations.
The legal bases under consideration:
The legal bases under consideration:
Article 133
Article 133
The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the conclusion of tariff and trade agreements, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies.
The common commercial policy shall be based on uniform principles, particularly in regard to changes in tariff rates, the conclusion of tariff and trade agreements, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies.
The Commission shall submit proposals to the Council for implementing the common commercial policy.
The Commission shall submit proposals to the Council for implementing the common commercial policy.
Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations.
Where agreements with one or more States or international organisations need to be negotiated, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations.
The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Community policies and rules.
The Council and the Commission shall be responsible for ensuring that the agreements negotiated are compatible with internal Community policies and rules.
The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it.
The Commission shall conduct these negotiations in consultation with a special committee appointed by the Council to assist the Commission in this task and within the framework of such directives as the Council may issue to it.
The Commission shall report regularly to the special committee on the progress of negotiations.
The Commission shall report regularly to the special committee on the progress of negotiations.
The relevant provisions of Article 300 shall apply.
The relevant provisions of Article 300 shall apply.
In exercising the powers conferred upon it by this Article, the Council shall act by a qualified majority.
In exercising the powers conferred upon it by this Article, the Council shall act by a qualified majority.
Paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, in so far as those agreements are not covered by the said paragraphs and without prejudice to paragraph 6.
Paragraphs 1 to 4 shall also apply to the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, in so far as those agreements are not covered by the said paragraphs and without prejudice to paragraph 6.
By way of derogation from paragraph 4, the Council shall act unanimously when negotiating and concluding an agreement in one of the fields referred to in the first subparagraph, where that agreement includes provisions for which unanimity is required for the adoption of internal rules or where it relates to a field in which the Community has not yet exercised the powers conferred upon it by this Treaty by adopting internal rules.
By way of derogation from paragraph 4, the Council shall act unanimously when negotiating and concluding an agreement in one of the fields referred to in the first subparagraph, where that agreement includes provisions for which unanimity is required for the adoption of internal rules or where it relates to a field in which the Community has not yet exercised the powers conferred upon it by this Treaty by adopting internal rules.
The Council shall act unanimously with respect to the negotiation and conclusion of a horizontal agreement insofar as it also concerns the preceding subparagraph or the second subparagraph of paragraph 6.
The Council shall act unanimously with respect to the negotiation and conclusion of a horizontal agreement insofar as it also concerns the preceding subparagraph or the second subparagraph of paragraph 6.
This paragraph shall not affect the right of the Member States to maintain and conclude agreements with third countries or international organisations in so far as such agreements comply with Community law and other relevant international agreements.
This paragraph shall not affect the right of the Member States to maintain and conclude agreements with third countries or international organisations in so far as such agreements comply with Community law and other relevant international agreements.
An agreement may not be concluded by the Council if it includes provisions which would go beyond the Community's internal powers, in particular by leading to harmonisation of the laws or regulations of the Member States in an area for which this Treaty rules out such harmonisation.
An agreement may not be concluded by the Council if it includes provisions which would go beyond the Community's internal powers, in particular by leading to harmonisation of the laws or regulations of the Member States in an area for which this Treaty rules out such harmonisation.
In this regard, by way of derogation from the first subparagraph of paragraph 5, agreements relating to trade in cultural and audiovisual services, educational services, and social and human health services, shall fall within the shared competence of the Community and its Member States.
In this regard, by way of derogation from the first subparagraph of paragraph 5, agreements relating to trade in cultural and audiovisual services, educational services, and social and human health services, shall fall within the shared competence of the Community and its Member States .
Consequently, in addition to a Community decision taken in accordance with the relevant provisions of Article 300, the negotiation of such agreements shall require the common accord of the Member States.
Consequently, in addition to a Community decision taken in accordance with the relevant provisions of Article 300, the negotiation of such agreements shall require the common accord of the Member States.
Agreements thus negotiated shall be concluded jointly by the Community and the Member States.
Agreements thus negotiated shall be concluded jointly by the Community and the Member States .
The negotiation and conclusion of international agreements in the field of transport shall continue to be governed by the provisions of Title V and Article 300.
The negotiation and conclusion of international agreements in the field of transport shall continue to be governed by the provisions of Title V and Article 300.
Without prejudice to the first subparagraph of paragraph 6, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend the application of paragraphs 1 to 4 to international negotiations and agreements on intellectual property in so far as they are not covered by paragraph 5.
Without prejudice to the first subparagraph of paragraph 6, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend the application of paragraphs 1 to 4 to international negotiations and agreements on intellectual property in so far as they are not covered by paragraph 5.
Article 175
Article 175
The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 174.
The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Community in order to achieve the objectives referred to in Article 174.
By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:
By way of derogation from the decision-making procedure provided for in paragraph 1 and without prejudice to Article 95, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt:
(a) provisions primarily of a fiscal nature;
(a) provisions primarily of a fiscal nature;
(b) measures affecting:
(b) measures affecting:
— town and country planning,
— town and country planning,
— quantitative management of water resources or affecting, directly or indirectly, the availability of those resources,
— quantitative management of water resources or affecting, directly or indirectly, the availability of those resources,
— land use, with the exception of waste management; (c) measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply.
— land use, with the exception of waste management; (c) measures significantly affecting a Member State 's choice between different energy sources and the general structure of its energy supply.
The Council may, under the conditions laid down in the first subparagraph, define those matters referred to in this paragraph on which decisions are to be taken by a qualified majority.
The Council may, under the conditions laid down in the first subparagraph, define those matters referred to in this paragraph on which decisions are to be taken by a qualified majority.
In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions.
In other areas, general action programmes setting out priority objectives to be attained shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions.
The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case, shall adopt the measures necessary for the implementation of these programmes.
The Council, acting under the terms of paragraph 1 or paragraph 2 according to the case, shall adopt the measures necessary for the implementation of these programmes.
Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy.
Without prejudice to certain measures of a Community nature, the Member States shall finance and implement the environment policy.
Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of:
Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of:
— temporary derogations, and/or
— temporary derogations, and/or
— financial support from the Cohesion Fund set up pursuant to Article 161.
— financial support from the Cohesion Fund set up pursuant to Article 161.
The content of the Regulation may be analysed as follows:
The content of the Regulation may be analysed as follows:
Article 1 - Subject matter, scope and definitions.
Article 1 - Subject matter, scope and definitions.
The proposed Regulation sets out the requirement to ban the export of metallic mercury as from 1 July 2011.
The proposed Regulation sets out the requirement to ban the export of metallic mercury as from 1 July 2011.
Article 2 - Sets out a requirement to store metallic mercury in a way which is safe for human health and the environment.
Article 2 - Sets out a requirement to store metallic mercury in a way which is safe for human health and the environment.
The three most relevant sources of metallic mercury in the Community are covered by this obligation.
The three most relevant sources of metallic mercury in the Community are covered by this obligation.
The storage obligation applies to mercury independently whether or not it is classified as waste.
The storage obligation applies to mercury independently whether or not it is classified as waste.
Storage in this context does not only cover short-to medium-term options, but also encompasses long-term options.
Storage in this context does not only cover short-to medium-term options, but also encompasses long-term options.
In terms of timing, this aspect is linked to the entry into force of the export ban for metallic mercury and calomel.
In terms of timing, this aspect is linked to the entry into force of the export ban for metallic mercury and calomel.
Article 3 - Clarifies the interface with existing waste legislation.
Article 3 - Clarifies the interface with existing waste legislation.
Under the given legal situation, any storage of metallic mercury (which is liquid) in any kind of landfill would conflict with Article 5 (3) (a) of Directive 1999/31/EC.
Under the given legal situation, any storage of metallic mercury (which is liquid) in any kind of landfill would conflict with Article 5 (3) (a) of Directive 1999/31/EC.
The leaching limit values and other criteria laid down in section 2.4 of Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills, applicable to granular waste, cannot be applied in the case of liquid mercury.
The leaching limit values and other criteria laid down in section 2.4 of Council Decision 2003/33/EC establishing criteria and procedures for the acceptance of waste at landfills, applicable to granular waste, cannot be applied in the case of liquid mercury.
Article 3 proposes to derogate from these rules with regard to two specific storage options for metallic mercury, namely underground storage in salt mines adapted for the purpose and temporary storage in dedicated facilities which can be considered safe for human health and the environment.
Article 3 proposes to derogate from these rules with regard to two specific storage options for metallic mercury, namely underground storage in salt mines adapted for the purpose and temporary storage in dedicated facilities which can be considered safe for human health and the environment.
Article 4 - Complements Article 2 by adding some more detailed requirements for the application of the two storage options.
Article 4 - Complements Article 2 by adding some more detailed requirements for the application of the two storage options.
It focuses on the need to carry out a proper safety assessment, taking into account the nature of the substance.
It focuses on the need to carry out a proper safety assessment, taking into account the nature of the substance.
It also stipulates minimum requirements as to the content of the relevant permit for temporary storage facilities.
It also stipulates minimum requirements as to the content of the relevant permit for temporary storage facilities.
Article 5 - Provides for the exchange of information between Member States and industry.
Article 5 - Provides for the exchange of information between Member States and industry.
The exchange of information is no to be limited to metallic mercury alone, but also encompass mercury compounds and products containing mercury.
The exchange of information is no to be limited to metallic mercury alone, but also encompass mercury compounds and products containing mercury.
Article 6 - Imposes some information obligations on the Member States.
Article 6 - Imposes some information obligations on the Member States.
It provides that Member States are to submit copies of permits given to mercury storage facilities to the Commission.
It provides that Member States are to submit copies of permits given to mercury storage facilities to the Commission.
Member States also have to inform the Commission on the effects of the instrument three years and five months after the entry into force of the export ban at the latest.
Member States also have to inform the Commission on the effects of the instrument three years and five months after the entry into force of the export ban at the latest.
Article 7 - Provides that the Commission is to assess the application of the Regulation and its effects on the market and deliver a report no later than four years after the entry into force of the export ban.
Article 7 - Provides that the Commission is to assess the application of the Regulation and its effects on the market and deliver a report no later than four years after the entry into force of the export ban.
The assessment will be based on information submitted by Member States.
The assessment will be based on information submitted by Member States.
Article 8 - Stipulates that the Commission has to report to Parliament and to the Council on international developments relating to mercury, in particular on multilateral negotiations on supply and demand issues.
Article 8 - Stipulates that the Commission has to report to Parliament and to the Council on international developments relating to mercury, in particular on multilateral negotiations on supply and demand issues.
This should allow monitoring the coherence of global and Community measures, with the aim of obtaining the maximum benefits for the environment.
This should allow monitoring the coherence of global and Community measures, with the aim of obtaining the maximum benefits for the environment.
Article 9 - The standard text concerning the entry into force of the instrument.
Article 9 - The standard text concerning the entry into force of the instrument.
In the light of the above, it is to be established whether Article 133 together with Article 175(1), Article 133 alone or Article 175(1) alone should constitute the proper legal basis of the proposed Regulation.
In the light of the above, it is to be established whether Article 133 together with Article 175(1), Article 133 alone or Article 175(1) alone should constitute the proper legal basis of the proposed Regulation.
From an analysis of the proposal, it is clear that its fundamental purpose is to protect human health and the environment, and that it is not motivated by commercial policy considerations.
From an analysis of the proposal, it is clear that its fundamental purpose is to protect human health and the environment, and that it is not motivated by commercial policy considerations.
At its meeting of 11 June 2007 the Committee on Legal Affairs accordingly decided, unanimously
At its meeting of 11 June 2007 the Committee on Legal Affairs accordingly decided, unanimously
The following were present for the final vote: Cristian Dumitrescu (acting chairman), Lidia Joanna Geringer de Oedenberg (vice-chairwoman), Manuel Medina Ortega (draftsman), Carlo Casini, Janelly Fourtou, Luis de Grandes Pascual, Kurt Lechner, Klaus-Heiner Lehne, Antonio Masip Hidalgo, Hans-Peter Mayer, Michel Rocard, Aloyzas Sakalas, Gabriele Stauner, József Szájer, Jaroslav Zvěřina and Tadeusz Zwiefka. , to recommend that the appropriate legal basis for the proposal for a Regulation of the European Parliament and the Council on the banning of exports and the safe storage of metallic mercury ( COM(2006)0636 ) is Article 175(1) of the EC Treaty.
The following were present for the final vote: Cristian Dumitrescu (acting chairman), Lidia Joanna Geringer de Oedenberg (vice-chairwoman), Manuel Medina Ortega (draftsman), Carlo Casini, Janelly Fourtou, Luis de Grandes Pascual, Kurt Lechner, Klaus-Heiner Lehne, Antonio Masip Hidalgo, Hans-Peter Mayer, Michel Rocard, Aloyzas Sakalas, Gabriele Stauner, József Szájer, Jaroslav Zvěřina and Tadeusz Zwiefka. , to recommend that the appropriate legal basis for the proposal for a Regulation of the European Parliament and the Council on the banning of exports and the safe storage of metallic mercury ( COM(2006)0636 ) is Article 175(1) of the EC Treaty.
Забрана на износа и безопасно съхранение на метален живак
The banning of exports and the safe storage of metallic mercury
Adamos Adamou, Margrete Auken, Liam Aylward, Pilar Ayuso, Martin Callanan, Chris Davies, Avril Doyle, Anne Ferreira, Karl-Heinz Florenz, Matthias Groote, Satu Hassi, Gyula Hegyi, Jens Holm, Marie Anne Isler Béguin, Dan Jørgensen, Christa Klaß, Eija-Riitta Korhola, Holger Krahmer, Urszula Krupa, Peter Liese, Jules Maaten, Marios Matsakis, Linda McAvan, Alexandru-Ioan Morţun, Roberto Musacchio, Péter Olajos, Miroslav Ouzký, Dimitrios Papadimoulis, Vittorio Prodi, Dagmar Roth-Behrendt, Guido Sacconi, Karin Scheele, Carl Schlyter, Richard Seeber, María Sornosa Martínez, Antonios Trakatellis, Evangelia Tzampazi, Thomas Ulmer, Anja Weisgerber, Glenis Willmott
Adamos Adamou, Margrete Auken, Liam Aylward, Pilar Ayuso, Martin Callanan, Chris Davies, Avril Doyle, Anne Ferreira, Karl-Heinz Florenz, Matthias Groote, Satu Hassi, Gyula Hegyi, Jens Holm, Marie Anne Isler Béguin, Dan Jørgensen, Christa Klaß, Eija-Riitta Korhola, Holger Krahmer, Urszula Krupa, Peter Liese, Jules Maaten, Marios Matsakis, Linda McAvan, Alexandru-Ioan Morţun, Roberto Musacchio, Péter Olajos, Miroslav Ouzký, Dimitrios Papadimoulis, Vittorio Prodi, Dagmar Roth-Behrendt, Guido Sacconi, Karin Scheele, Carl Schlyter, Richard Seeber, María Sornosa Martínez, Antonios Trakatellis, Evangelia Tzampazi, Thomas Ulmer, Anja Weisgerber, Glenis Willmott
Christofer Fjellner, Jutta Haug, Karin Jöns, Henrik Lax, Miroslav Mikolášik, Stefan Sofianski, Bart Staes
Christofer Fjellner, Jutta Haug, Karin Jöns, Henrik Lax, Miroslav Mikolášik, Stefan Sofianski, Bart Staes
Gabriela Creţu, Miguel Angel Martínez Martínez
Gabriela Creţu, Miguel Angel Martínez Martínez
за предложение за регламент на Съвета относно сключването на споразумение за партньорство в областта на риболова между Европейската общност от една страна и Република Кирибати от друга страна
on the proposal for a Council regulation on the conclusion of the Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other
PE 388.611v02-00
PE 388.611v02-00
OPINION of the Committee on Development ......................................................10
OPINION of the Committee on Development ......................................................11
– като взе предвид предложението за регламент на Съвета ( COM(2007)0180 )
– having regard to the proposal for a Council regulation ( COM(2007)0180 )