111 Amendments of Arkadiusz Tomasz BRATKOWSKI
Amendment 275 #
2012/2151(INI)
Motion for a resolution
Recital AT
Recital AT
AT. whereas European supervision of financial institutions within the euro area is an absolute priority to take measures to tackle the crisis, it should be, however, ensured that, for the purpose of internal financial market stability, countries whose currency is not the euro, which decide to access the single supervision mechanism, should be granted a participation formula, which guarantees symmetric relations between accepted obligations and impact on decision-making;
Amendment 277 #
2012/2151(INI)
Motion for a resolution
Recital AT a (new)
Recital AT a (new)
ATa. whereas the consequences of the establishment of a euro area supervisory authority on non-euro area Member States should be taken into account;
Amendment 44 #
2012/0288(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Where pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non-agricultural land into production elsewhere. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land.
Amendment 51 #
2012/0288(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 70 #
2012/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework by setting 2% target for advanced biofuels.
Amendment 84 #
2012/0288(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 98 #
2012/0288(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 111 #
2012/0288(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The estimated indirect land-use change emissions should be included in the reporting of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks or yield increases, should be assigned a zero emissions factor.
Amendment 118 #
2012/0288(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 126 #
2012/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, 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 mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.
Amendment 132 #
2012/0288(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, 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 list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.
Amendment 139 #
2012/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021.
Amendment 149 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 98/70/EC
Article 7 a – paragraph 6
Article 7 a – paragraph 6
Amendment 167 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 3
Article 7b – paragraph 2 – subparagraph 3
Amendment 176 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 98/70/EC
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
Amendment 179 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 98/70/EC
Article 7d – paragraph 6
Article 7d – paragraph 6
Amendment 188 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10 a (new) – paragraph 2
Article 10 a (new) – paragraph 2
2. The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.
Amendment 189 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10 a (new) – paragraph 3
Article 10 a (new) – paragraph 3
3. The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) 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.
Amendment 190 #
2012/0288(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10 a (new) – paragraph 5
Article 10 a (new) – paragraph 5
5. A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or the Council.
Amendment 197 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2009/28/EC
Article 3 – paragraph 1 –subparagraph 2
Article 3 – paragraph 1 –subparagraph 2
Amendment 224 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point ii
Article 2 – point 2 – point c – point ii
Directive 2009/28/EC
Article 3 – paragraph 4 – point d
Article 3 – paragraph 4 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars and oil crops shall be no more than 5%, the estimated share at the end of 2011,advanced biofuels shall be no less than 2% of the final consumption of energy in transport in 2020.
Amendment 228 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 2 – point c – point ii a (new)
Article 2 – point 2 – point c – point ii a (new)
(iia) the following point (da) is inserted: "(da) The share of energy from renewable sources shall be maintained by Member States at least at the level provided in the first subparagraph in the subsequent years after 2020."
Amendment 267 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point b
Article 2 – point 5 – point b
Directive 2009/28/EC
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 273 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 6
Article 17 – paragraph 6
(ba) paragraph 6 is replaced by the following: "6. Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 obtained from agricultural raw materials cultivated in the Community obtained in accordance with the requirements and standards under the provisions referred to under the common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers and in accordance with the minimum requirements for good agricultural and environmental condition defined pursuant to Council Regulation (EC) No 73/2009 of 19 January 2009, comply with the sustainability criteria set out in Article 17(3) to (5)."
Amendment 280 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 7 – point b
Article 2 – point 7 – point b
Directive 2009/28/EC
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 285 #
2012/0288(COD)
Proposal for a directive
Article 2 – point 7 – point d
Article 2 – point 7 – point d
Directive 2009/28/EC
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 299 #
Amendment 315 #
2012/0288(COD)
Proposal for a directive
Annex II – point 1
Annex II – point 1
Directive 2009/28/EC
Annex V – part C
Annex V – part C
Amendment 324 #
2012/0288(COD)
Proposal for a directive
Annex II – point 2
Annex II – point 2
Directive 2009/28/EC
Annex VIII (new)
Annex VIII (new)
Amendment 92 #
2012/0244(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 119 #
2012/0244(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In view of the supervisory tasks conferred on the ECB by Council Regulation (EU) No …/… [127(6) Regulation], EBA should be able to carry out its tasks also in relation to the ECB. In order to ensure that existing mechanisms for settlement of disagreements and actions in emergency situations remain effective, a specific procedure should be provided for. In particular, if the ECB does not comply with an action by EBA to settle a disagreement or to address an emergency situation, it should be required to explain its reasons. Additionally, to ensure the level playing field between the ECB and Member States out of the single supervisory mechanism, the same right should be granted to the national competent authorities. In that case, whenever based on requirements set out in directly applicable Union law EBA can adopt an individual decision addressed to the financial institution concerned, it should do so.
Amendment 125 #
2012/0244(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that interests of all Member States are adequately taken into account and to allow for the proper functioning of the EBA with a view to maintain and deepen the internal market in the field of financial services, the voting modalities within the Board of Supervisors should be adapted, in particular with regard to decisions taken by the EBA at simple majority.
Amendment 133 #
2012/0244(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panel composed of voting members of the Board of Supervisors which do not have any conflicts of interest, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted unless rejecadopted by a simple majority, which should include an adequate number of votes from membersimple majority of votes from Member States participating in the SSM and from Member States that do not participate in the SSM.
Amendment 138 #
2012/0244(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel set up according to Article 41(2) of Regulation (EU) No 1093/2010 should not be considered to be in a situation of conflict of interest on the sole ground that they are representatives of competent authorities which are part of the SSM and a given case to be decided upon by the Panel concerns the SSM. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 153 #
2012/0244(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) The revision of Regulation (EU) No 1093/2010 in light of the proposal for the SSM can distort the relatively good balance between euro and non-euro area countries which exists at the moment within the EBA. It can thus lead to a dominant position of the euro area when decisions on technical standards are made, which in turn would impact important financial sector regulations which concern the Union as a whole.
Amendment 192 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1093/2010
Article 18 – paragraph 3a
Article 18 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take the necessary action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall provide within 48 hours at the latest adequate justification to the Authority for its non-compliance."
Amendment 201 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 1093/2010
Article 19 – paragraph 3a
Article 19 – paragraph 3a
"3a. Where the Authority requests the ECB as competent authority to take specific action or to refrain from action in accordance with paragraph 3, the ECBcompetent authority shall comply with it or shall within ten working days of the receipt of the request provide adequate justification to the Authority for its non-compliance."
Amendment 212 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1093/2010
Article 35 – paragraph 3
Article 35 – paragraph 3
"3. Upon a duly justified request from a competent authority, the Authority may shall provide any information that is necessary to enable the competent authority to carry out its duties, in accordance with the professional secrecy obligations laid down in sectoral legislation and in Article 70."
Amendment 219 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and two members appointed by the Board of Supervisors among its voting members. At least one member of the independent panel shall be from a Member State which is noteither a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation] nor has entered into close cooperation with the ECB in accordance with that Regulation."
Amendment 229 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 1093/2010
Article 42
Article 42
Amendment 238 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
"With regard to the acts specified in Articles 10 to 16 and measures and decisions adopted under the third subparagraph of Article 9(5) and Chapter VI and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union and in Article 3 of the Protocol (No 36) on transitional provisions, however the decisions to be passed shall be supported in parallel by at least simple majority of weighted votes in the group consisting of participating Member State in accordance with Regulation (EU) No .../...[127(6) TFEU Council Regulation] and those which have entered into close cooperation with the ECB in accordance with that Regulation, as well as in the group consisting of non-participating Members States."
Amendment 243 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1093/2010
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
"With regard to decisions in accordance with Articles 17 and 19, the decision proposed by the panel shall be considered as adopted unless it is rejected by a simple majority which shall include at least three votes from members of participating Member States and three votes from members of Member States which are neitheradopted by a simple majority however the decisions to be passed shall be supported in parallel by at least simple majority in the group consisting of participating Member States in accordance with Regulation (EU) No …/….../...[127(6) TFEU Council Regulation] norand those which haves entered into close cooperation with the ECB in accordance with that Regulation, as well as in the group consisting of non-participating Members States."
Amendment 261 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) No 1093/2010
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
"The term of office of the members elected by the Board of Supervisors shall be 2 1/2 years. That term may be extended once. The composition of the Management Board shall be balanced and proportionate and shall reflect the Union as a whole. The Management Board shall include at least twohree representatives from Member States which are not participating Member States in accordance with Regulation [127(6) TFEU Council Regulation] nor have entered into close cooperation with the ECB in accordance with that Regulation. Mandates shall be overlapping and an appropriate rotating arrangement shall apply."
Amendment 267 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 c (new)
Article 1 – paragraph 1 – point 8 c (new)
Regulation (EU) No 1093/2010
Article 58 – paragraph 3
Article 58 – paragraph 3
8 c. Article 58(3) is replaced by the following: "3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors. At least one member and his alternate shall be a representative from a Member State which is not a participating Member State in accordance with Regulation (EU) No.../... [127(6) TFEU Council Regulation] nor has entered into close cooperation with the ECB in accordance with that Regulation. The other members shall be appointed in accordance with Regulation (EU) No 1094/2010 and Regulation (EU) No 1095/2010."
Amendment 89 #
2012/0242(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) Competence for supervision of individual banks in the Union remains mostly at national level. This limits the effectiveness of supervision and the ability of supervisors to reach a common understanding of the soundness of the banking sector throughout the UnionCoordination between supervisors is vital but the crisis has shown that mere coordination is not enough, in particular in the context of a single currency. In order to preserve and increase the positive effects of market integration on growth and welfare, integration of supervisory responsibilities should therefore be enhanced.
Amendment 213 #
2012/0242(CNS)
Proposal for a regulation
Recital 18
Recital 18
Amendment 264 #
2012/0242(CNS)
Proposal for a regulation
Recital 25
Recital 25
Amendment 291 #
2012/0242(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre- condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which representatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should allow the greatest possible involvement of those represenensure equal treatment of all participating Member Statives taking into account the limits following from the Statute of ESCB and of the ECB, in particular as regards the integrity of its decision making process.
Amendment 318 #
2012/0242(CNS)
Proposal for a regulation
Recital 34
Recital 34
(34) The conferral of supervisory tasks implies a significant responsibility for the ECB to safeguard financial stability in the Union, and to use its supervisory powers in the most effective and proportionate way. The ECB should therefore be accountable for the exercise of these tasks towards the European Parliament and the Council of Ministers respectively the Eurogroup as democratically legitimised institutions representing the European people and the Member States. That should include regular reporting and responding to questions. Where national supervisors take action under this Regulation, accountability arrangements provided under national law should continue to apply.
Amendment 406 #
2012/0242(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation confers on the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions, with a view to promoting the safety and soundness of credit institutions and the stability of the financial system within the EU and each Member State, with due regard for the unity and integrity of the internal market.
Amendment 473 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 495 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
(k) To carry out supervisory tasks in relation to early intervention where a credit institution does not meet or is likely to breach the applicable prudential requirements, including recovery plans and intra group financial support arrangements, in coordination with the relevant resolution authorities;.
Amendment 503 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point l
Article 4 – paragraph 1 – point l
Amendment 524 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Subject to and in compliance with any relevant Union law rule and in particular any legislative and non-legislative act including technical standards developed by EBA and adopted by the Commission, the ECB may adopt regulations and recommendations and take decisions to implement or apply Union law, to the extent necessary to carry out the tasks conferred upon it by this Regulation, and only where those Union acts do not deal with certain aspects necessary for the proper exercise of the ECB's tasks or do not deal with them in sufficient detail. Before adopting a regulation, the ECB shall conduct open public consultations, including the EBA and the Commission, and analyse the potential related costs and benefits.
Amendment 587 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. National competent authorities shall follow the instructions given by the ECB for the purposes of the tasks mentioned in Article 4(1). Instructions given by the ECB shall not interfere with the exercise of voting rights by competent authorities of participating Member States within the Board of Supervisors and the Management Board of the European Banking Authority.
Amendment 637 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 651 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The Member State that has established a close cooperation with the ECB may request the ECB to terminate the close cooperation at any time. In this case, the ECB shall immediately proceed to adopt a decision terminating the close cooperation.
Amendment 841 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. There shall be a clear division of competences between the supervisory board and the governing council of the ECB.
Amendment 858 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Chair of the European Banking Authority and a member of the European Commission may participate as observers in the meetings of the supervisory board. The same right shall be ensured for non- participating Member States, when the supervisory board takes decisions relating to credit institutions operating within jurisdictions of the Member States concerned, or when the supervisory board takes decisions on broader matters of policy, such as structure or decision- making process of the Single Supervisory Mechanism.
Amendment 863 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board includingand shall make them public. They shall ensure equal treatment of all participating Member States, including voting rights. They shall also include rules on the term of office of the Chair and the Vice-Chair. The term of off, whiceh shall not exceed five years and shall not be renewable.
Amendment 90 #
2012/0061(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Competent authorities shall make an overall assessment of all factual elements in order to determine if the worker is genuinely posted. If the proof cannot be produced, Member States involved shall collaborate closely and with no delay in order to choose which law is applicable to the employment contract, basing themselves on the Rome I Regulation.
Amendment 100 #
2012/0061(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purpose of ensuring that a posted worker receives the correct pay and provided allowances specific to posting can be considered part of minimum rates of pay, such allowances should only be deducted from wages if national law, collective agreements and/or practice of the host Member State provide for this. It is up to the national law of the Member State of establishment if the employer is obliged to provide or reimburse the costs of travel, board, lodging/accommodation. It is however up to the national law of the host Member State if it is included in the minimum wage.
Amendment 111 #
2012/0061(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Member States shall take appropriate measures in order to prevent the misuse and/or circumvention of the Directive 96/71/EC and this Directive by the undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights.
Amendment 434 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in, free of charge, in English and in other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities;
Amendment 456 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The undertaking shall inform in writing its workers about their rights during the period of their posting. Analogously, the contractor present in the host Member State shall inform in writing its foreign subcontractors about the terms and conditions of employment in force in the host Member State.
Amendment 522 #
2012/0061(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Member States are encouraged to establish points of information and practical help for the posted workers in order to ensure that they dispose of a proper knowledge about their rights. The place of the information points and the language coverage shall be decided upon an estimation of the presence of posted workers in the territory of the Member State concerned. This applies to both the Member State of establishment and the host Member State, since it is equally important to provide the worker with the information before his/her departure and during his/her period of posting.
Amendment 360 #
2012/0011(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The protection afforded by this Regulation concerns natural persons, whatever their nationality or place of residence, in relation to the processing of personal data, except for those pursuing economic activity, which identifies them on the market. With regard to the processing of data which concern legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person, the protection of this Regulation should not be claimed by any person. This should also apply where the name of the legal person contains the names of one or more natural persons.
Amendment 410 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given freely and without pressure from the controller and explicitly by any appropriate method enabling a freely given specific andn informed indication of the data subject’s wishes, either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of their personal data. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject’s consent is to be given following an electronic request, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
Amendment 447 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there isbe expressed freely and without pressure from the controller. Consent cannot be deemed as freely given when due to a clear imlack of balance between the data subject and the controller, a refusal to give consent could result in adverse financial or legal consequences for the data subject. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees’ personal data in the employment context. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 454 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. A legitimate interest pursued by a controller may include in particular direct marketing of controller's goods and services and enforcement of the controller’s claims. When data subject withdraws his or her consent, the controller should be also allowed to refuse further provision of services if the processing is necessary because of the nature of the service or the functioning of the filling system. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.
Amendment 479 #
2012/0011(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, how long the data will be stored, and if not possible the criteria used to determine the data storage period, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.
Amendment 485 #
2012/0011(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Any person should have the right of access to data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the data are processed, for what period, and if not possible the criteria used to determine the data storage period, which recipients receive the data, what is the logic of the data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
Amendment 692 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) natural person pursuing economic activity, which identifies this person on the market;
Amendment 693 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e b (new)
Article 2 – paragraph 2 – point e b (new)
(eb) of a natural person which data are made public in the course of exercising professional duties such as name, contact details and function;
Amendment 697 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. If the separate provisions of the European Union or the Member States law provide for more advanced protection of personal data than provided by this Regulation, these provisions shall be implemented complementarily. This applies in particular to the secrecy protected by law, e.g. bank secrecy.
Amendment 698 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. The information disclosed in accordance with the law in national registers of economic entities is not protected under this Regulation to the extent that it identifies entities on the market.
Amendment 861 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for exercise of the right or compliance with a legal obligation to which the controller is subject;
Amendment 877 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular wherewithout prejudice to the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child, processing is necessary for the purposes of the legitimate interests pursued by a controller, in particular: - direct marketing for its own and similar products and services, - the enforcement of the claims of the controller or of a third party on behalf of which the controller is acting in relation to the data subject, or for preventing or limiting damage by the data subject is a child.to the controller This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 893 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) processing is necessary in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organization of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship, as well as for the purpose of entering, updating, improving, and modifying employees' data processing systems, including technical security systems designed to protect employees' data against unauthorized access by third parties, including transformation, viruses and malware;
Amendment 982 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. In the event that the data subject withdraws consent, the controller may refuse to provide further services if the processing of the data is vital for the provision of the service or ensuring the appropriate level of services.
Amendment 993 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Consent shall not provide a legal basis for the processing, where there is if, due to a significant imbalance between the position of the data subject and the controllercontroller and the data subject, it has not been given freely, in accordance with Article 4(8).
Amendment 1011 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
Amendment 1052 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by Union law or Member State law providing for adequate safeguards ensuring the fundamental rights of the data subject such as right to non-discrimination; or
Amendment 1066 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point g
Article 9 – paragraph 2 – point g
(g) processing is necessary for the performance of a task carried out in the public interest, on the basis of Union law, or Member State law which shall provide for suitable measures to safeguard the data subject's legitimate interests and fundamental rights; or
Amendment 1141 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, in particular because of their repetitivf the request of the same character repeats more ctharactern once per 6 months, the controller may charge an administrative fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive characterrepetitiveness of the request.
Amendment 1166 #
2012/0011(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The controller shall communicate any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient with whom he stays in contractual relationship and to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort.
Amendment 1196 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the period for which the personal data will be stored and if not possible the criteria used to determine this period;
Amendment 1332 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject. This is without prejudice to the right of the controller to determine other form of handling requests for information specified in point 1 if it is justified by the necessity of verifying the identity of subject requesting such information.
Amendment 1342 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The data subject shall have the right, where personal data are processed by electronic means, to obtain from the controller a copy of data undergoing processing in an electronic and structured format which allows for further use.
Amendment 1412 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 1491 #
2012/0011(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1548 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person, both off-line and online, shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 1564 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course of the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfiexamined or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such asincluding the right to obtain the information on the profiling criteria and the right to obtain human intervention; or
Amendment 1573 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests and fundamental rights, including the right to non- discrimination; or
Amendment 1609 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Articles14 and 145 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1, including the criteria for the processing in question and the envisaged effects of such processing on the data subject.
Amendment 1759 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) an enterprise employing fewer than 250 persons, unless its core activities, regardless the number of the employees, consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects; or
Amendment 2230 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties.
Amendment 41 #
2011/0302(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Experience with the current financial framework shows that many Member States, which are eligible to the Cohesion Fund, are facing significant obstacles in delivering on time complex cross-border transport infrastructure projects with a high Union added value. Therefore, in order to improve the delivery of transport projects, in particular cross-border ones, with a high Union added value, part of the Cohesion Fund allocation (EUR 10 billion) should be transferred to finance transport projects on the transport core network in the Member States eligible to the Cohesion Fund under the Connecting Europe Facilityrespecting national allocations for the projects listed in the Annex of this Regulation. The Commission should support Member States eligible to the Cohesion Fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the Cohesion Fund.
Amendment 80 #
2011/0302(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) transport: EUR 31 694 000 000, out of which EUR 10 000 000 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation in Member States eligible for funding from the Cohesion Fundfor projects listed in the Annex to this Regulation, respecting the national allocations;
Amendment 707 #
2011/0302(COD)
Proposal for a regulation
Annex – Part I - Point b - row 28 a (new)
Annex – Part I - Point b - row 28 a (new)
Warszawa - Cross-Border Rail works Lublin - Zamość - BełŜec - Rawa Ruska - UA border (further toward Lviv)
Amendment 2023 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice. to be determined by each Member State among those listed in Annex I of the Treaty ;
Amendment 2035 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, fodder legumes, soya, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, pigs, tobacco, olive oil, silk worms, ,dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.
Amendment 39 #
2011/0242(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. These powers should be exercised in accordance withArticle 26 of Regulation (EUC) No 18562/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers. Except in cases of urgency, and in view of the terms of Article 2(2)(b)(iii) of that Regulati06, implementing powers should be conferred on, the examination procedure is applicableCouncil.
Amendment 50 #
2011/0154(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should ensure that suspects and accused persons have the right of access to a lawyer, promptly, before the person is interviewed by the law enforcement or judicial authorities, as from when the person is formally charged of having committed a criminal offence, as from the outset of deprivation of liberty, including detention and during any hearing. In any case, suspects and accused persons should be granted access to a lawyer during criminal proceedings before a court, if they wish to be assisted by a lawyer. This Directive focuses on the right of access to a lawyer, which may, but does not to have to be exercised by the suspect or accused person, depending on his will. Therefore the directive should not affect the national provisions concerning mandatory defence.
Amendment 62 #
2011/0154(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To be effective, access to a lawyer should entail the possibility for the lawyer to carry out all the wide range of activities which pertain to legal counselling, as the European Court of Human Rights has held. This should include active participation in any interrogation or hearinghearing or any interview conducted by law enforcement or judicial authority, meetings with the client to discuss the case and prepare the defence, the search for exculpatory evidence, and support to a distressed client and control of detention conditions;. Moreover, whenever the directive refers to the effective rights Member States should take all the necessary and reasonable efforts to facilitate the exercise of the rights conferred upon the suspect or accused person. This could be done through practical arrangements such as provision of a list of lawyers or a telephone in order to enable the person to contact a lawyer.
Amendment 73 #
2011/0154(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The suspect or accused person should be allowed to waive the right to a lawyer, as long as they are fully aware of the consequences of the waiver, notably because they have met with a lawyer before making this decisionbeen provided, orally or in writing, with sufficient and clear information about these consequences and have the necessary capacity to understand these consequences and provided that the waiver is given freely and unequivocally. The suspect or accused person should be able to revoke the waiver at any time in the course of the proceedings;. The revocation of the waiver should not lead to the obligation to repeat the criminal proceedings or any part thereof. In case of revocation the directive should be applied from that moment in time onwards.
Amendment 76 #
2011/0154(COD)
Proposal for a directive
Recital 24
Recital 24
(24) IThis directive does not provide for the rules on legal aid. However, in the absence to-date of EU legislative instrument on legal aid, Member States should continue to apply their domestic provisions on legal aid, which should be in line with the Charter, the ECHR and the case-law of the European Court of Human Rights. Whenever new domestic provisions, enacted to implement this Directive, grant a broader right of access to a lawyer than was previously available under national law, the rules currently in place on legal aid should apply with no distinction between the two situations;
Amendment 82 #
2011/0154(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive promotes the rights of the child and takes into account the Guidelines of the Council of Europe on child friendly justice, in particular its provisions on information and advice. The Directive ensures that children cannot waive their rights under this Directive when they lack the capacity to understand the consequences of the waiver. LThe legal representatives of a suspected or accused child should be always notified as soon as possiblepromptly of his custody and be informed about the reasons for the custody, unless it is against the best interests of the child;. If providing such information to the child’s legal representative is contrary to the best interests of the child, another suitable adult, such as a guardian or a relative should be informed instead. In accordance with the provisions of national law, Member States may ensure that specified authorities with competence for the protection of children should also be informed that a child has been deprived of his or her liberty.
Amendment 123 #
2011/0154(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. TWhenever a lawyer shall have the right to be present at any others already been appointed, he may ask to be notified of any investigative or evidence- gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the acquisition of evidence. . The suspect or accused person shall have the right for his lawyer to be present at any such investigative or evidence gathering act, unless this would prejudice the acquisition of evidence. Whenever the lawyer has been notified, this shall be recorded using the recording procedure of the law of the Member State concerned. If once notified he does not attend, this should not prevent the carrying out of the investigative measure. The lawyer’s presence shall be recorded in accordance with the recording procedure of the law of the Member State concerned.
Amendment 156 #
2011/0154(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The revocation of the right should not lead to the obligation to repeat the criminal proceedings or any part thereof. In case of revocation the directive should be applied from that moment in time onwards.
Amendment 177 #
2011/0154(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Once a case has been referred to a court having jurisdiction in criminal matters, Member States shallould ensure that statements made by thethe question of which value to be given to statements obtained from a suspect or accused person or evidence obtained in breach of his right of access to a lawyer, or in cases where a temporary postponement or derogation tof this right was authorised in accordance with Article 8, may not be used at any stage of the procedure as evidence against him, unlthis Directive, should be determined by that court being responsible for ensuring the overall fairness of the use of such evidence would not prejudice the rights of the defenceproceedings, in accordance with national legal procedures.