Activities of Viviane REDING
Plenary speeches (17)
Debate with the Prime Minister of Poland, Mateusz Morawiecki, on the Future of Europe (debate)
Debate with the Prime Minister of Luxembourg, Xavier Bettel, on the Future of Europe (debate) FR
Cambridge Analytica and Facebook: Data protection and citizen's privacy as a line of defence against election manipulation (debate)
Preparation of the European Council meeting of 14 and 15 December 2017 - State of play of negotiations with the United Kingdom (debate)
Towards a digital trade strategy (short presentation) FR
Enhanced cooperation: European Public Prosecutor's Office (debate) FR
Negotiations with the United Kingdom following its notification that it intends to withdraw from the European Union (debate) FR
Adequacy of the protection afforded by the EU-US privacy Shield (debate)
Statement by the President of the Commission on the White Paper on the future of the European Union FR
EU-Canada Comprehensive Economic and Trade Agreement - Conclusion of the EU-Canada CETA - EU-Canada Strategic Partnership Agreement (debate) FR
Future for telecommunications, fair use and intra-EU calls (debate)
Protection of individuals with regard to the processing of personal data - Processing of personal data for the purposes of crime prevention (debate)
Protection of individuals with regard to the processing of personal data - Processing of personal data for the purposes of crime prevention (debate)
Order of business
Negotiations for the Trade in Services Agreement (TiSA) (debate) FR
Negotiations for the Trade in Services Agreement (TiSA) (debate) FR
Review of the Luxembourg Presidency (debate) FR
Reports (4)
REPORT containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) PDF (651 KB) DOC (251 KB)
Report on the strategy paper on the European Union's migration and asylum policy - Committee on Civil Liberties and Internal Affairs PDF (31 KB)
Report on the Draft Convention on Driving Disqualifications - Committee on Civil Liberties and Internal Affairs PDF (26 KB)
Report on combating terrorism in the European Union - Committee on Civil Liberties and Internal Affairs
Shadow reports (1)
REPORT Towards a digital trade strategy PDF (403 KB) DOC (87 KB)
Institutional motions (2)
MOTION FOR A RESOLUTION on conclusion of the EU-Canada CETA PDF (270 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on the steel sector in the EU: protecting workers and industries PDF (134 KB) DOC (61 KB)
Oral questions (4)
Commission's answers to written questions PDF (205 KB) DOC (19 KB)
Commission's approval of Germany's revised plan to introduce a road toll PDF (197 KB) DOC (19 KB)
Call for a limitation of abusive fees charged for cross-border intra-EU phone calls and SMSs in the upcoming review of the telecoms framework PDF (106 KB) DOC (18 KB)
Commission's answers to Written Questions PDF DOC
Written questions (14)
State of play of the negotiations for a Comprehensive Agreement on Investments with China PDF (101 KB) DOC (18 KB)
Abolition of roaming charges PDF (5 KB) DOC (15 KB)
Guaranteeing cybersecurity for the forthcoming elections in Europe PDF (5 KB) DOC (15 KB)
Effects of Armed Conflicts on Mental Health PDF (101 KB) DOC (16 KB)
Implementation of the Alternative and Online Dispute Resolution package PDF (105 KB) DOC (24 KB)
EU/US Privacy Shield PDF (103 KB) DOC (23 KB)
China's market economy status PDF (103 KB) DOC (24 KB)
China's market economy status PDF (5 KB) DOC (23 KB)
Sign language in the EU PDF (5 KB) DOC (23 KB)
Gender balance in the European Economic and Social Committee PDF (5 KB) DOC (24 KB)
Import VAT PDF (5 KB) DOC (23 KB)
Situation in Hungary: increase in tax on advertising revenue PDF (5 KB) DOC (23 KB)
Situation in Hungary: respect for fundamental human rights and the free movement of services PDF (5 KB) DOC (24 KB)
Decision regarding state aid granted to EDF for the Hinkley C nuclear power plant PDF (5 KB) DOC (24 KB)
Amendments (128)
Amendment 6 #
2017/2065(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 21 #
2017/2065(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas electronic commerce is an engine for growth and productivity in the entire economy, especially for small and medium-sized enterprises;
Amendment 24 #
2017/2065(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that any European digital trade strategy or provisions for cross- border data flows andCalls on the Commission to ensure that cross-border data transfers are in compliance with the existing and future EU legal framework, in particular through adequacy decisions, and to incorporate in our trade agreements on afirst and foree flow legal provision should fully respect the EU data protection acquis and comply with EU fundamental rights standards; most a horizontal provision, which fully maintains the right of a Party to protect personal data and privacy, with the only condition that it must not be used with the intention to restrict data flows for reasons other than the protection of personal data, accompanied with a second provision, which prevents unjustified requirements for data localisation;
Amendment 29 #
2017/2065(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that digital trade is best facilitated through an open exchange of data, with no geographical restrictions; considers that the removal of data localisation requirements should be a top priority, while emphasising that the relevant data protection legstresses the need to ensure that cross- border transfers of personal data are in compliance with the existing and future EU legal framework, in particular through adequacy decisions; calls above all for the inclusion in EU trade agreements of a horizontal provision which fully maintains the right of a Party to protect personal data and privacy, with the only condition that it must not be used with the intention to restrict data flows for reasons other than the protection of personal data; considers that the removal of unjustified data localislation should be adhered torequirements should also be a top priority, and therefore calls for the inclusion in EU trade agreements of a second provision preventing unjustified requirements for data localisation;
Amendment 43 #
2017/2065(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas foreign companies currently benefit from far greater access to the European market than Europeans do in third countries; whereas many of our trade partners are increasingly closing their domestic markets and resorting to digital protectionism; whereas the EU should anchor its digital trade strategy on the principles of reciprocity, fair competition, smart regulation and transparency with the view to restoring consumers’ trust and to restoring a level playing field for businesses;
Amendment 46 #
2017/2065(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the building blocks that preserve the open internet inof the EU’s digital single market, including those principles that preserve the open Internet such as fair competition, net neutrality and intermediary liability protections, should be promoted in Free Trade Agreements (FTAs)exemptions, and those rules that protect Internet users against data privacy breaches, spams and geo-blocking restrictions, should be promoted in Free Trade Agreements (FTAs), to the benefit of European consumers and businesses alike; whereas the completion of a truly European Digital Single Market is of utmost importance for the EU to play its role as international standard-setter;
Amendment 48 #
2017/2065(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas several ground-breaking legislations, including but not limited to the opening of the telecommunications market to competition since 2009, the recognition of net neutrality since 2015, the abolition of roaming fees since 2017, and the entry into force of the General Data Protection Regulation from 2018 onwards, have propelled the EU into the vanguard;
Amendment 52 #
2017/2065(INI)
Motion for a resolution
Recital H
Recital H
H. whereas private companies are increasingly setting norms and standards in the digital economy; whereas they must go further and faster in developing technological solutions, which could help prevent, detect and remove illegal content online;
Amendment 56 #
2017/2065(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the EU has a paramount interest in shaping the globalisation and digitalisation of our economies and of international trade, at the same time two of the main engines for growth for businesses and two of main causes for concern for citizens; whereas the economic opportunities and the societal challenges of new technologies (e.g. nanotechnology, biotechnology, information technology and cognitive science) and of new applications (artificial intelligence, blockchain and robotics) must be respectively unleashed and mitigated;
Amendment 62 #
2017/2065(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas according to the OECD, up to 5% of goods imported into to the EU are counterfeited, resulting in substantial losses in jobs and tax revenues;
Amendment 63 #
2017/2065(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas sensitive sectors such as audio-visual services, and fundamental rights such as the protection of personal data should not be subject to trade negotiations;
Amendment 65 #
2017/2065(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas according to special Eurobarometer 431, nine out of ten Europeans think that it is important for them to have the same rights and protection over their personal information, regardless of the country in which the public authority or private company offering the service is based;
Amendment 71 #
2017/2065(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that European standards shall be fully-safeguarded in the trade agreements the Commission negotiates, and where possible commuted into international standards; stresses that global trade rules on e-commerce are an instrument for growth and a tool to project our values; rejects digital protectionism, mass surveillance and online censorship; supports freedom of expression and information, personal data protection and encryption;
Amendment 73 #
2017/2065(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that access to secure broadband internet connectivity and digital payment methods, effective consumer protection, in particular redress mechanisms for online cross-border sales, and predictable customs procedures, are essential elements in relation to enabling digital trade, sustainable development and inclusive growth; reiterates its demand to identify the challenges that consumers face when they buy goods and services on e-commerce websites located outside the EU, and to propose concrete measures if need be;
Amendment 77 #
2017/2065(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance in trade agreements to promote fair and effective competition, in particular between digital service providers such as online platforms and users such as SMEs, to promote consumer choice, to ensure non- discriminatory treatment of all market players and to avoid the creation of dominant positions that distort the markets;
Amendment 92 #
2017/2065(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to prioritise and speed up the adoption of mutual adequacy decisions, provided that third countries ensure, by reason of their domestic law or their international commitments, a level of protection "essentially equivalent" to that guaranteed within the EU; calls on the Commission to adopt, and to make public, updated and detailed binding procedures for reaching these decisions, in full respect for national supervisory authorities’ powers and for the European Parliament’s opinion;
Amendment 112 #
2017/2065(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Requires that nothing in trade agreements, neither market access commitments, nor regulatory standards, nor general exceptions, shall prevent the EU and its Members from maintaining, improving and applying its data protection rules; recalls that personal data can be transferred to third countries when the requirements enshrined today in the Chapter IV of the current Data Protection Directive and tomorrow in the Chapter V of the forthcoming Data Protection Regulation are fulfilled;
Amendment 113 #
2017/2065(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Ccalls on the Commission to prohibitensure that cross-border data transfers are in compliance with the existing and future EU legal framework, in particular through adequacy decisions, and to incorporate in our trade agreements first and foremost a horizontal provision, which fully maintains the right of a Party to protect personal data and privacy, with the only condition that it must not be used with the intention to restrict data flows for reasons other than the protection of personal data, accompanied with a second provision, which prevents unjustified data localisation requirements in FTAs;
Amendment 123 #
2017/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to put forward its position on cross-border data transfers, data protection carve-out and unjustified data localisation requirements in trade negotiations before the end of the yearterm, in close coordination with the European Parliament and in line with its position;
Amendment 128 #
2017/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to combat discriminatory, illegitimate and protectionist measures by third countries, such as ‘buy local’ policies, local content requirements or forced technology transfers, to ensure that European companies can operate in a fair and predictable environment; calls on the Commission to condition in future FTAs several of its market access commitments on reciprocal commitments by the other Party under the same category, including public procurement, Mode 1 and Mode 4;
Amendment 135 #
2017/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the EU should continue to pursue its efforts at bilateral , plurilateral and multilateral level to ensure that third countries offer a level of openness towards foreign investments equivalent to that of the EU, and that they maintain a level playing field for EU operators; welcomes the EU’s proposal for a regulation establishing a framework for review of foreign direct investments into the Union and supports its objectives to better protect critical infrastructures and technologies;
Amendment 144 #
2017/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the protection of trademarks, intellectual property (IP) andrights (IPR), including those related to copyright, geographical indications, trademarks, trade secrets and patents, is indispensable to encourage and reward artistic creation and industrial innovation, that investments in R&D isare a precondition tof the EU’s knowledge-based economy, and that international cooperation is key to combating the trade in counterfeited goods; stresses, however, that trade agreements are not the place to extend the level of protection for rights holders by providing for more extensive copyright enforcement powers all along the value chain; stresses; therefore encourages the Commission to push for the worldwide implementation of international standards, such as the WTO Agreement on TRIPS as well as the WIPO Internet Treaties; stresses the need to strike the right balance between the promotion of due diligence and the maintaining of an innovation-friendly approach; stresses that access to medicines in third countries should not be challenged on the basis of IP protection;
Amendment 148 #
2017/2065(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Exhorts the Commission to keep a close eye on ICANN’s gTLD Program, which expands domain names to thousands of generic names, and to guarantee, in line with its commitment to a free and open Internet, the protection of rights holders, in particular those related to geographical indications;
Amendment 149 #
2017/2065(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to use trade agreements to prevent parties from imposing foreign equity caps by, to laying down pro-competitive wholesale access rules for incumbent operators’ networks and by securing, to provide transparent and non-discriminatory rules and fees for licensing, and to secure genuine access to last- mile infrastructures in export markets for EU telecom providers; recalls that rule-based competition in the telecommunications sector leads to higher quality services and lower prices;
Amendment 156 #
2017/2065(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to continue its efforts towards developing a set of binding multilateral disciplines on e- commerce in the WTO, and to continue focusing on concrete and realistic deliverables;
Amendment 158 #
2017/2065(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to urgently re-launch TiSA negotiations; shares the view that EU should seize the window of opportunity to take the lead to set state-of-the art global digital standards;
Amendment 163 #
2017/2065(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to use trade agreements to promote the interoperability of ICT-standards that benefit both consumers and producers, notably in the context of a secure Internet of things, 5G and cybersecurity;
Amendment 166 #
2017/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to encourage signatories of trade agreements to bring pressure to bear on mobile providers toinclude, in the telecommunications chapter of its FTAs, provisions makeing both international roaming fees and the fees applied to international calls and messages transparent, fair, reasonable and consumer- oriented; calls on the Commission to support policies that promote cost-oriented retail prices for roaming services with a view to reducing prices;
Amendment 171 #
2017/2065(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises that the principle of intermediary liability protecexemptions has been crucial in developing the digital economy and in guaranteeing freedom of speech; calls on the Commission to ensure in its trade negotiations that online intermediaries must never be made strictly liable for hosting unlawful third-party content, nor should they ever be required to monitor content proactively as part of an intermediary liability regimeuphold EU law in this regard in its trade negotiations;
Amendment 172 #
2017/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly supports the further mainstreaming of digital technologies and services in the EU’s development policy and among others the Digital4Development initiative; recognises the multiplier effect digital technologies can have in achieving Sustainable Development Goals; calls on the Commission to stimulate public-private partnerships to increase investments in digital infrastructure in the Global South; urges the Commission to make investments in broadband infrastructure in developing countries conditional upon respect for a free, open and secure internet; calls on the Commission to use trade agreements to improve digital rights; takes note with deep concern of the conclusion of the recent UN Global Broadband Progress report highlighting a growing digital divide between developed and developing nations;
Amendment 186 #
2017/2065(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Commits to update its eTrade strategy every 5 years;
Amendment 136 #
2017/0003(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 7 of the Charter of Fundamental Rights of the European Union (“the Charter”) protects the fundamental right of everyone to the respect for his or her private and family life, home and communications. Respect for the privacy of one’s communications is an essential dimension of this right. Confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication, including information regarding when the information has been sent, from where, to whom, is not to be revealed to anyone other than to the parties involved in a communicationg parties. The principle of confidentiality should apply to current and future means of communication, including calls, internet access, instant messaging applications, e-mail, internet phone calls and inter-personal messaging provided through social media. It should also apply when the confidentiality of electronic communications and the privacy of the physical environment converge, i.e. where terminal devices for electronic communication can also listen into their physical environment or use other input channels such as Bluetooth signalling or movement sensors.
Amendment 150 #
2017/0003(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of this Regulation particularise and complement the general rules on the protection of personal data laid down in Regulation (EU) 2016/679 as regards electronic communications data that qualify as personal data. This Regulation therefore does not lower the level of protection enjoyed by natural persons under Regulation (EU) 2016/679. Processing of electronic communications data by providersOn the contrary, it aims to provide additional, and complementary, safeguards taking into account the need for additional protection as regards the confidentiality of communications. Processing of electronic communications servicesdata should only be permitted in accordance with, and on a legal ground specifically provided under, this Regulation.
Amendment 161 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify andEuropean Data Protection Board should, where necessary, issue guidance and opinions within the limits of this Regulation, to further clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. Therefore, the margin of discretion, which Member States hase guidance and opinions should take into account the dual objective inof this rRegard,ulation, therefore they should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data.
Amendment 174 #
2017/0003(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The services used for communications purposes, and the technical means of their delivery, have evolved considerably. End-usUsers and subscribers increasingly replace traditional voice telephony, text messages (SMS) and electronic mail conveyance services in favour of functionally equivalent online services such as Voice over IP, messaging services and web-based e-mail services. In order to, also known as “over-the-top services” (OTTs). This Regulation aims at ensureing an effective and equal protection of end-ususers and subscribers when using functionally equivalent services, this Regulation uses the definition of electronic communications services set forth in the [Directive of the European Parliament and of the Council establishing the European Electronic Communications Code24 ]so as to ensure the confidentiality of their communication, irrespective of the technological medium chosen.. That definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services, which may or may not be number-based, such as for example, Voice over IP, messaging services and web-based e-mail services. The protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service; therefore, such type of services also having a communication functionality should be covered by this Regulation. _________________ 24 Commission proposal for a Directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast) (COM/2016/0590 final - 2016/0288 (COD)), such as internal messaging, newsfeeds, timelines and similar functions in online services where messages are exchanged with other users within or outside that service; therefore, such type of services also having a communication functionality should be covered by this Regulation.
Amendment 214 #
2017/0003(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) This Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. However, users attach great importance to the confidentiality of their communications, including their online activities, and they want to control the use of their electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain users’ consent to process electronic communications data. For the purposes of this Regulation, the consent of a user should have the same meaning and be subject to the same conditions as the consent of the data subject under Regulation (EU) 2016/679.
Amendment 242 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. This Regulation should prevent the use of so- called “cookie walls” and “cookie banners” that do not help users to maintain control over their personal information and privacy or become informed about their rights. The use of technical means to provide consent, for example, through transparent and user- friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other applicationor withdraw consent and to object by technical specifications using automated means, such as the appropriate settings of a hardware or software permitting the retrieval and presentation of information on the internet. Those settings should include choices concerning the use of processing and storage capabilities of the user’s terminal equipment as well as a signal sent by the hardware or software indicating the user’s preferences to other parties. The choices made by end- users when establishing its general privacy settings of a browser or other applicationhardware of software should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-More particularly web browsers, applications or mobile operating systems may be userd and the website. From this perspective, they are in a privileged position to play an active role to help the end-s a user’s personal privacy assistant communicating the user’s choices, thus helping users to control the flow of information to and fromprevent information related to or processed by their terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored (for example smart phone, tablet or computer) from being accessed, processed or stored. They should therefore not abuse their position as gate- keepers and still allow for possibilities for the user to individually give consent with regard to a certain specific service or service provider.
Amendment 264 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should ask for the end-user´s consent or should carry out data protection impact assessment and in this case the data collected is or is rendered pseudonymous or anonymous. Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, prior consultation with the supervisory authority, as prescribed in Article 36 of Regulation (EU) 2016/679, shall be carried out. Providers should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.
Amendment 273 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 312 #
2017/0003(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 399 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Electronic communications data shall be confidential. Any processing of electronic communications data, including any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation. This includes electronic communications data that is stored after the transmission has been completed.
Amendment 409 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
2.Confidentiality of electronic communications shall also apply to data related to or processed by terminal equipment and to machine-to-machine communication.
Amendment 421 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) it is technically strictly necessary to achieve the transmission of the communication, for the duration necessary for that purpose; or
Amendment 426 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is technically strictly necessary to maintain or restore the security ofavailability, integrity and confidentiality of the respective electronic communications networks and or services, or to detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.; or
Amendment 455 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it is technically strictly necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/212028 for the duration necessary for that purpose; or _________________ 28 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1–18).
Amendment 461 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is strictly necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communications services; or
Amendment 515 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of input, output, processing and storage capabilities of terminal equipment and the collectionprocessing of information from end-users’ terminal equipment, including about' terminal equipment, or making information available through the terminal equipment, including information about and processed by its software and hardware, other than by the end-user concerned shall be prohibited, except on the following grounds:
Amendment 521 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) it is strictly technically necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications networkservice; or
Amendment 523 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the end-user has given his or her consent for a specific purpose, and the consent has not been a condition to access or use a service or use a terminal equipment, for the duration strictly technically necessary for that purpose; or
Amendment 535 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is strictly technically necessary for providing an information society service specifically requested by the end-ususer, for the duration necessary for that provision of the service, provided that the provision of that specific service cannot be fulfilled without the processing of such information by the provider; or
Amendment 586 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the end-user has given his or her consent;or
Amendment 589 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) the information collected is or is rendered pseudonymous or anonymous and the data protection impact assessment and, if necessary, a prior consultation with the supervisory authority were carried out, as prescribed respectively in Article 35 and 36 of Regulation (EU) 2016/679, and a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection.
Amendment 610 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7 of Regulation (EU) 2016/679/EUin Regulation (EU) 2016/679/EU, including, inter alia, in its Articles 4(11), 7 and 8, shall apply.
Amendment 633 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Without prejudice to Article 7(4) of Regulation (EU) 2016/679, a user shall not be denied access to any electronic communications service, information society service or functionality of a terminal equipment, regardless of whether this is remunerated or not, on the mere grounds that he or she has not given his or her consent to (a) the processing of electronic communications data, metadata or content pursuant to Article 6;or (b) the use of input, output, processing and storage capabilities of terminal equipment and the processing of information related to or processed by the users' terminal equipment, or making information available through the terminal equipment, including information about and processed by its software and hardware, pursuant to Article 8(1) that is technically not strictly necessary for the provision of that service or functionality.
Amendment 634 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3 b. Any processing based on consent must not adversely affect the rights and freedoms of individuals whose personal data are related to or transmitted by the communication, in particular their rights to privacy and the protection of personal data.
Amendment 655 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, requiBy default, such hardware or software shall have activated privacy settings that prevent other parties from exercising the activities referred to in paragraph 1. If the hardware or software allows for deviating settings, the user shall be informed about the privacy settings options during first use or installation and shall be offered the end-user to consent to a settingpossibility to change or confirm them.
Amendment 660 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software permitting the end- user to access individual websites shall enable the end-user to customise his or her privacy settings according to the website visited.
Amendment 722 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.
Amendment 738 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The customer shall be informed about the right to object and shall be given an easy way to exercise it at the time of collection and each time a message is sent.
Amendment 753 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 782 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1 e (new)
Article 17 – paragraph 1 e (new)
This Article shall be without prejudice to the obligations provided for in Articles 32 to 34 of Regulation (EU) 2016/679 and the obligations provided for in Directive (EU) 2016/1148.
Amendment 15 #
2016/0351(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials, energy and other factors of production, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists regard may, due account must be hapaid, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; overcapacity leading to overproduction, a deliberate policy of exchange rate manipulation leading to an undervaluation of the national currency, non-respect by the exporting country of international environmental, social or tax commitments of the exporting country leading to a distortion of competition, public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives, the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, wage rates not the result of free bargaining between labour and management, the absence of a transparent set of laws producing discriminatory effects with regard to joint- ventures and other foreign investments, and access to finance granted by institutions implementing public policy objectives, as well as any other circumstances which the Commission considers appropriate for ascertaining the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. However, if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted, those costs should be used in calculating its normal value. It is further appropriate to provide that the Commission services may issue a reportdraw up a report, in collaboration with the EU’s industrial sector, describing the specific situation concerning these criteria in a certain country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. . For those countries for which a substantial number of anti-dumping cases have been recorded, the report should be completed and adopted before the entry into force of this Regulation. The EU’s industrial sector should be consulted during the report drafting process. All such reports and the evidence on which they are based may be placed on the file of any investigation relating to that country or sector. Interested parties also should have ample opportunity to comment on the reports and the evidence on which it is based in each investigation in which such reports or evidence is used. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or in the event of a change of circumstances in a specific country or sector, the Commission shall draft the report, or if one already exists, update the report. In any event, the European Commission should carry out a review of the report every two years.
Amendment 41 #
2016/0351(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2, the reasonable period of time provided for in the first sub-paragraph of Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated. With a view to reducing the risk of circumvention of the provisions of this Regulation, the same approach should apply with respect to reviews conducted pursuant to Article 11(4) of Regulation (EU) 2016/1036. It is also appropriate to recall that a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2 would not in itself constitute sufficient evidence within the meaning of Article 11(3) of Regulation (EU) 2016/1036. Such transitional rules, enabling the continued application of measures to defend against subsidised imports, should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
Amendment 61 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported sale prices or costs, including the costs and sale prices of raw materials and energy, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard may, due account must be hapaid, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. , overcapacity leading to overproduction, a deliberate policy of exchange rate manipulation leading to an undervaluation of the national currency, non-respect by the exporting country of international environmental, social or tax commitments of the exporting country leading to a distortion of competition, the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws, wage rates not the result of free bargaining between labour and management, the absence of a transparent set of laws producing discriminatory effects with regard to joint- ventures and other foreign investments, and access to finance granted by institutions implementing public policy objectives, as well as any other circumstances which the Commission considers appropriate for ascertaining the existence of significant distortions. The existence of significant distortions in the economy as a whole or in a sector or sectors of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or EU prices, costs or benchmarks for each factor of production in calculating the normal value. If an exporting producer from a country that has been accused of not meeting those conditions is able to demonstrate clearly that its costs of one or more individual factors of production are not distorted, those costs shall be used in calculating its normal value.
Amendment 87 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services mayshall issue a detailed report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been opened, the report shall be completed and adopted before the entry into force of this Regulation. The Union industry shall be consulted during the report drafting process. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. Particular attention must be given to SMEs in EU industry. The determinations made shall take into account all of the relevant evidence on the file. The European Parliament shall monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission shall draft the report, or if one already exists, update the report. In any event, the European Commission shall carry out a review of the report every two years.
Amendment 99 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the conclusions of the report show the existence of significant distortions, the report pursuant to the paragraph 6 (b) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in subparagraph (a). In any event, no additional burden should be imposed on EU industry, and in particular on SMEs, which must receive guidance when they require it. The absence of a report shall not prevent the Commission from using any available information or data to establish the existence of significant distortions and use the methodology referred to in subparagraph (a) if the relevant requirements are met.
Amendment 143 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2016/1036
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Amendment 144 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2016/1036
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
(5c) The following is added to Article 18, paragraph one, final part: ‘Interested parties shall be made aware of the consequences of non-cooperation.’ (https://publications.europa.eu/fr/publication-detail/-/publication/e0dcca38-3e84-11e6-af30- and shall be listed in a register whose use will enable the Commission and the partner countries to focus more attention on the activities of those parties.’ Or. fr 01aa75ed71a1/language-en)
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 144 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
i. to consider the TiSA negotiations as a stepping-stone towards renewed ambitions at WTO level; to oppose any provisions or chapters, which would prevent the multilateralisation of the agreement;
Amendment 229 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services and cultural services from the scope of the negotiations, and to seek theEU's commitments, and to seek ambitious commitments across parties, sectors and modes of supply, in particular further opening of foreign markets in telecommunications, transport, financial and professional services;
Amendment 251 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point iv
Paragraph 1 – point b – point iv
iv. to acknowledge that standstill and ratchet clauses do not apply to market access commitmentuphold the framework of the agreement and to maintain the agreed rules with regards to the scheduling of commitments; in particular to acknowledge that standstill and ratchet clauses do not apply to market access commitments and that commitments are listed according to the hybrid approach, with a positive listing for market access;
Amendment 1 #
2015/2105(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the European Parliament's reports containing its recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA), adopted on 3 February 2016, and on the negotiations for a Transatlantic Trade and Investment Partnership (TTIP), adopted on 8 July 2015,
Amendment 18 #
2015/2105(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there can be no protection without trade agreements, and no trade agreement without protections;
Amendment 33 #
2015/2105(INI)
Motion for a resolution
Recital E
Recital E
Amendment 63 #
2015/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s new strategy ‘Trade for all – Towards a more responsible trade and investment policy’; regrets that the Commission’s delay in presenting a new strategy, given that Parliament requested that a revised mid- and long-term trade strategy be presented by summer 2012 has not opted for "reciprocity" as one of the cornerstones of its strategy; deplores the unfairness of the current situation, whereby our trade partners, not least the USA and China, have increasingly closed their own markets to EU companies, in particular in transport, telecommunications and public procurement, whereas their companies still benefit from a large access to the EU's internal market;
Amendment 81 #
2015/2105(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that EU's trade policy is of utmost geopolitical and economic importance for Europe to shape globalisation, to strengthen international standards and to increase access to foreign markets; notes that international rules will be set by others, if we don't act now;
Amendment 161 #
2015/2105(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that the internationalisation of the world’s production system has resulted in new openings for economic development and an employment-based path out of poverty for hundreds of millions of people; recalls that, according to the ILO, around 780 million active women and men are not earning enough to be lifted out of poverty; underlines that the expansion of GVCs has created job opportunities but also propelled some supplier firms to ignore labour laws, engage workers in unsafe and unacceptable conditions, demand exhaustive working hours and deny workers their fundamental rights; recalls that these practices create unfair competition for suppliers that are compliant with labour laws and international labour standards and for governments that want to improve wages and living standards; calls on the Commission to improve conditions in GVCs; emphasises that the EU’s further integration into GVCs must be driven by the dual principles of safeguarding the European social and regulatory model and securing and creating sustainable growth and jobs in the EU and for its partners; to acknowledge that the globalisation of value chains increases the import content of both domestic output and exports, thereby substantially increasing the cost of protectionist measures;
Amendment 186 #
2015/2105(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission and the Council to systematically convene trilogue negotiations with the European Parliament with the view to drafting a joint mandate before the start of each negotiation;
Amendment 216 #
2015/2105(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers plurilateral negotiations within the WTO such as the Information Technology Agreement and, the Environmental Goods Agreements and the Trade in Services Agreement to be the second-best option; emphasises that trade policy should also be used as a tool for increasing the competiveness of environmentally beneficial products; stresses the importance of multilateralising the ‘green goods’ initiative and of considering whether bilateral or unilateral trade agreements could provide premium preferences for environmental goods; underlines that TiSA is an opportunity to revive progress on trade in services at WTO level;
Amendment 285 #
2015/2105(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses that further trade liberalisation measures require the EU to be able to respond even more effectively to unfair trading practices and ensure a level playing field; underlines that TDIs must remain an indispensable component of the EU’s trade strategy; recalls that the current EU trade defence legislation dates back to 1995; stresses that the Union’s trade defence system needs to be modernised urgently; points out that EU trade defence law must be more effective, adapted to today’s challenges and trade patterns, and also increase transparency and predictability; regrets that the TDI modernisation proposal is blocked in the Council; regrets that the Commission does not refer at all to the need for TDI modernisation in its ‘Trade for All’ communication; calls on the Council to boost its efforts regarding TDI modernisation urgently, especially at a time when China is firmly requesting recognition of MES, and asks the Commission to present a new proposal, whose objectives should be to substantially reduce the duration of its investigations and to substantially increase the level of its anti-dumping duties;
Amendment 326 #
2015/2105(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Shares the Commission’s view that the temporary movement of professionals has become essential to increasing business internationally; stresses that a labour mobility chapter should be included in all EU trade and investment agreements; recalls however that Mode 4 commitments must only apply to the movement of highly skilled professionals and that labour and social standards in the host country must prevail;
Amendment 327 #
2015/2105(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Welcomes the Commission’s intention to use trade policy to tackle new forms of digital protectionism and to set rules for e-commerce and cross-border data flows in compliance with EU data protection and privacy law; believes that much more needs to be done to create a climate favourable to e-commerce and entrepreneurship within the EU; stresses that ensuring regulatory cooperation, mutual recognition and harmonisation of standards in the digital trade sector is vital; calls on the Commission to put forward a new model for e-commerce chapters, which would then serve as the basis for the EU proposal in all trade negotiations, and which would seek to ensure the free flow of data, in full compliance with data protection rules in place in the country of origin of the data subject, and with general exceptions grounded in appropriate criteria;
Amendment 346 #
2015/2105(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Emphasises that a forward-looking trade policy must pay greater attention to the specific needs of SMEs and ensure that they can fully benefit from trade and investment agreements; recalls that only a small share of European SMEs are able to identify and exploit the opportunities that globalisation and trade liberalisation offer; notes that only 13 % of European SMEs have been internationally active outside the EU; supports initiatives to facilitate the internationalisation of European SMEs, but believes that new ways need to be explored on how to better assist SMEs in their sale of goods and services abroad; stresses that SMEs need more tailor-made support, starting in Member States; highlights the importance for SMEs of having access to user-friendly online information about trade measures;
Amendment 363 #
2015/2105(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Stresses the importance of further debate with stakeholders and Parliament onWelcomes the Commission’'s proposal for thean Investment Court Ssystem in order to better clarify its impact on the ‘right to regulate’, the annual costs for the EU budget and its compliance with the EU legal order, the power of the EU court, with publicly-appointed and publicly- remunerated judges; believes that its inclusion in bilateral agreements should be considered as a first step towards ian particular, and more specifically the EU competiInternational Investment Court applying a common set of international rules;
Amendment 376 #
2015/2105(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for the elimination of the current imbalances as regards the degree of openness of public procurement markets between the EU and other trading partners; calls on the Commission to go even further in seeking an ambitious and reciprocal opening up of international public procurement markets, while guaranteeing the exclusion of services of general economic interests; stresses that European economic operators, but especially European SMEs, need better access to public contracts in third countries; should the current level of asymmetries persist, calls on the Commission to consider the introduction of a "Buy European Act";
Amendment 402 #
2015/2105(INI)
Motion for a resolution
Subheading 17 a (new)
Subheading 17 a (new)
Delivering tangible benefits to consumers Acknowledges that trade agreements have the potential to largely benefit consumers, notably by increasing competition, lowering prices, providing greater choice and boosting innovation; to unleash such potential, calls on the Commission to strongly push in all negotiations for a limitation to geoblocking practices, for a reduction in international roaming fees, and for a reinforcement of passenger rights;
Amendment 58 #
2015/2035(INL)
Motion for a resolution
Recital M
Recital M
M. whereas the existing European electoral rules allow for a non-obligatory threshold of up to 5 % of votes cast to be set for European elections, and 15 Member States have availed themselves of this opportunity and have introduced a threshold of between 3 % and 5 %; whereas in smaller Member States, and in Member States that have subdivided their electoral area into constituencies, the de facto threshold nevertheless lies above 3 %, even though no legal thresholds exist; whereas introducing obligatory thresholds is recognised by constitutional tradition as a legitimate means of guaranteeing the functioning of parliaments;
Amendment 71 #
2015/2035(INL)
Motion for a resolution
Recital O
Recital O
O. whereas the Lisbon Treaty established a new constitutional order by granting the European Parliament the right to elect the President of the European Commission14 instead of merely giving its consent; whereas the 2014 elections set an important precedent in this respect; whereas the procedure for the nomination and selection of lead candidates for this position should furthermore be an integral part of the election campaigns;is a strong expression of functioning transnational European party democracy and should furthermore be an integral part of the election campaigns; whereas the 2014 elections to the European Parliament have shown that lead candidates increase citizens’ interest in European elections, and whereas the deadline for the nomination of candidates by European political parties should be codified in the Electoral Act; __________________ 14 Article 17(7) TEU.
Amendment 82 #
2015/2035(INL)
Motion for a resolution
Recital Q
Recital Q
Amendment 88 #
2015/2035(INL)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the existing European electoral rules authorise voting based on a preferential list system, and twenty Member States have introduced preferential voting; whereas preferential voting systems have demonstrably increased the accountability of the individuals elected to serve as Members of the European Parliament, and have strengthened the democratic legitimacy of the European Parliament as a whole;
Amendment 91 #
2015/2035(INL)
Motion for a resolution
Recital Q b (new)
Recital Q b (new)
Qb. whereas in the 2014 European elections the lowest turnout in a Member State was 13,05%, the turnout of young voters in the EU was 27,8% and the general turnout was 42,61%; whereas compulsory voting is an efficient means of increasing turnout and thereby broadening democratic legitimacy, and whereas experience in some Member States has shown that the duty to vote is a valuable feature of citizenship;
Amendment 173 #
2015/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 181 #
2015/2035(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recommends to the Member States that they should consider ways to generalise the preferential list system, in order to increase accountability and democratic legitimacy;
Amendment 184 #
2015/2035(INL)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recommends to the Member States that they should consider ways to extend compulsory voting for elections to the European Parliament, in order to increase turnout and thereby strengthen democratic legitimacy;
Amendment 145 #
2014/2248(INI)
Motion for a resolution
Recital J
Recital J
J. whereas this new system of governance implies a genuine government equipped to formulate and implement the common monetary, fiscal and macro- economic policies that the euro area desperately needsneeds; considering this government must be accountable to the European Parliament and must be endowed with a tn European Treasury and a budget commensurate with the scale of the tasks at hand; whereas this requires, in addition to measures within the existing primary law, a reform of the Lisbon Treaty;
Amendment 249 #
2014/2248(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the UK’s decision creates an opportunity to reduce and drastically simplify the ‘variable geometry’ and complexity of the Union; whereas it offers at least the opportunity to, by clarifying what membership of the Union really means and what could be a clear structure in the future fframework the EU’s relationship with non- members in our periphery (the United Kingdom, Norway, Turkey, Ukraine, etc.); whereas the founding fathers of the Union had already envisaged a type of ‘associate status’o be developed in order to build a ring of partners around the EU for countries who cannot yet or will not join the Union;
Amendment 402 #
2014/2248(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that, instead of these multiple derogations, a type of ‘associaten instrument or even a status’ c should be proposed to those states in the periphery that only want to participate on the sideline, i.e. in some specific Union policies; this statudeveloped in order to set up a ring of partners around the EU for countries swhould be accompanied by obligations corresponding to the associated rights cannot yet or will not join the Union;
Amendment 407 #
2014/2248(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that the best set-up for a future-proof European Union would consist of open concentric circles with an inner circle of Member States sharing all Union policies, a second circle of Member States sharing not all Union policies, surrounded by a ring of friends with whom the Member States may share anything but institutions;
Amendment 409 #
2014/2248(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. The single institutional framework should be preserved and any form of flexibility should aim to achieve the Union’s common objectives, without undermining the principle of equality of all citizens and Member States;
Amendment 414 #
2014/2248(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that thise new type of ‘associateinstrument or status’ could also be one of the possible outcomes to respect the will of the majority of the citizens of the United Kingdom to leave the EU; stresses that this wish must be respected, given that the withdrawal of the United Kingdom, as one of the larger Member States, and as the largest non-euro-area member, affects the strength and the institutional balance of the Union – a new situation that adds to the need for revision of the Treaties;
Amendment 774 #
2014/2248(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Notes that only by enhancing the Common Foreign and Security Policy can the EU bring credible answers to the new security threats and challenges, fighting terrorism, bringing peace, stability and order to its neighbourhood;
Amendment 792 #
2014/2248(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that for the Union to strengthen its own capacity for the defence of the EU territory, as a pillar within NATO, which remains the cornerstlso in view of a rebalance within the EU-NATO strategic partnership, as well as for efficiency and a desirable reductione of the European security architecture and to enable the Union to act autonomously in operations abroad, mainly with a view to stabilising its neighbourhoodmilitary expenses of individual Member States (deriving from the savings achievable through joint projects and economies of scale), and to enable the Union to act autonomously in operations abroad, mainly with a view to conducting conflict prevention operations and peacekeeping in its neighbourhood, in compliance with the principles of the United Nations, the Treaties should provide for the possibility of establishing a European defence union;
Amendment 975 #
2014/2248(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Albeit respecting the role of national parliaments and the principle of subsidiarity, acknowledges the EU’s exclusive competences on Common Commercial Policy; calls for a clear delimitation of competences between the Union and the Member States in this respect; notes that this delimitation would have positive effects on jobs and growth both in the EU and in its trading partners;
Amendment 77 #
2014/2228(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European Commission's calculations show that services represented 35.5% of EU exports to the US and 42.7% of US exports to the EU in 2013; whereas these figures would largely exceed 50% if the services-related content of exports in goods was taken into account; whereas the majority of foreign direct investments from the EU to the US and from the US to the EU are made in the services sector, an ambitious agreement should recognise the importance of services in transatlantic trade;
Amendment 189 #
2014/2228(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas trust is indispensable for ambitious and complex negotiations to succeed; whereas the European Parliament deplores the recent revelations on the hacking of Gemalto SIM Cards; whereas a fresh start can only be achieved by taking bold actions on both sides of the Atlantic to safeguard the fundamental rights of our citizens; whereas these concrete actions must strive to re-instigate trust at both consumer and political level, thereby providing renewed impetus for trade negotiations; whereas due note is taken of recent positive developments in the US administration and in the US Congress such as the proposed enhancement of data protection standards;
Amendment 274 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point iii
Paragraph 1 – point a – point iii
(iii) to keep in mind the strategic importance of the EU-US economic relationship in general and of TTIP in particular, inter alia as an opportunity to promote the principles and values that the EU and the US share and cherish and to design common approaches to global trade, investment and trade-related issues such as high standards, norms and regulations, in order to develop a broader transatlantic vision and a common set of strategic goals; to bear in mind that given the size of the transatlantic market, TTIP is an opportunity to shape and regularise the international trade order so as to ensure that both blocs thrive in a networked and connected world;
Amendment 284 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
(iv) to ensure, especially given the recent positive developments in the World Trade Organisation (WTO), that an agreement with the US serves as a stepping-stone for broader trade negotiations and is not seen as an alternative to the WTO process; bto aim at setting a global level playing field; bilateral and plurilateral trade agreements are always the second-best option and must not prevent improvements on the multilateral level; to ensure synergies with other trade agreements currently being negotiated, in particular TiSA, and with domestic priorities such the achievement of a truly European Single Market;
Amendment 296 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point iv a (new)
Paragraph 1 – point a – point iv a (new)
(iva) to respect the constitutional obligation to promote cultural diversity, enshrined in Article 167 paragraph 4 of the TFEU, by clearly and explicitly excluding from the negotiations cultural and creative industries, such as the audio- visual, media and publishing sectors;
Amendment 314 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point i a (new)
Paragraph 1 – point b – point i a (new)
(ia) to ensure that market access negotiations cover all levels of government, which is the common practice in the EU, but regrettably not in the US;
Amendment 349 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point iii a (new)
Paragraph 1 – point b – point iii a (new)
(iiia) to increase access to US telecommunications market for EU suppliers, by seeking the elimination of US foreign equity caps and by ensuring non-prohibitive access to US networks; to send a strong signal in favour of a transatlantic digital economy in the spirit of reciprocal market access and mutually- beneficial level playing field; and to underline that pro-competitive policies incentivise companies to be more efficient, more innovative and to invest more;
Amendment 396 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
(vi) to ensure an adequate carve-out of sensitive services such as public services and public utilities (including water, health, social security systems and education) allowing national and local authorities enough room for manoeuvre to legislate in the public interest; athe translation of the recently published joint declaration reflecting negotiators’' clear commitment to exclude these sectors from the negotiations into a widely-agreed and unequivocal gold-standard clause would be very helpful in this regard;
Amendment 430 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
(vii) to combine market access negotiations on financial services with convergence in financial regulation on the highest level, in order to support the introduction of necessary regulation to prevent financial crises and in order to support ongoing cooperation efforts in other international forums, such as the Basel Committee on Banking Supervision; to exclude the provision of financial services in Mode 1 from the EU's commitments in market access until there is regulatory convergence in this area, so as to avoid regulatory arbitrage;
Amendment 447 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii
Paragraph 1 – point b – point viii
(viii) to ensure that the EU’'s acquis on data privacy is not compromised through the liberalisation of data flowsin any way, in particular in the area of e-commerce and financial services; to ensure that no commitments on data flows are taken up before European data protection legislation is in placewhile recognising the need for data flows in every sector of our economies, their relevance as the backbone for transatlantic trade and their importance for an open internet, to ensure that no commitments on data transfers, processing and storage, neither horizontal nor sectorial, are taken up before strong data protection legislation is in place on both sides of the Atlantic and before solid data bridges are rebuilt between the two blocs; any related discussion is conditioned on the enactment and implementation of the following regulatory dossiers: the EU's data protection regulation, the US' Consumer Privacy Bill, the US' Freedom Act, the US' Judicial Redress Act so as to finalise the EU-US umbrella agreement, and the finalisation of the reform of EU Safe Harbour via the US' commitment to comply with the necessity criteria attached to national security clauses;
Amendment 454 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii a (new)
Paragraph 1 – point b – point viii a (new)
(viiia) to take note of the worrying increase in forced data localisation requirements in the world, which should incentivise the EU and the US to work towards a transatlantic framework aimed at upholding the right to data privacy and security in a non-protectionist fashion;
Amendment 616 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point v a (new)
Paragraph 1 – point c – point v a (new)
(va) to fully recognise the right of each party not to engage in transatlantic cooperation, if deemed unnecessary or inappropriate; to define, as in CETA, the nature of the cooperation mechanism as voluntary;
Amendment 761 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv
Paragraph 1 – point d – point xiv
(xiv) to ensure that foreign investors are treated in a non-discriminatory fashion and have a fair opportunity to seek and achieve redress of grievances, which can be achieved without the inclusion of an ISDS mechanism; such a mechanism is not necessary in TTIP given the EU’s and the US’ developed legal systems; a state-to- state dispute settlement system and the u; in the medium-run, a public international Court, with publicly-paid and publicly-appointed judges applying a common set of international courts arerules, is the most appropriate tools to address investment disputes;
Amendment 782 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv a (new)
Paragraph 1 – point d – point xiv a (new)
(xiva) TTIP should include the medium- term perspective of such an international Court;
Amendment 815 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xvi a (new)
Paragraph 1 – point d – point xvi a (new)
(xvia) to firmly reject catch-all provisions proposed by the US negotiators on e- commerce in TTIP, TiSA and at WTO level, and whose scope is too large and disconnected from explicit reference to the necessary compliance with domestic data protection standards; to firmly reject any extension of the scope of the national security exemption enshrined in the General Agreement on Trade in Services (GATS);
Amendment 70 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. With the view to leveling the playing field and to ensuring reciprocal market access, this reform seeks to allow the European Commission as well as Member States' contracting authorities to exclude non-Union companies from public procurement contracts in the Union, unless their home country opens up its public procurement markets to Union companies.
Amendment 86 #
2012/0060(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) If the consultations with the country concerned do not lead to sufficient improvements to the tendering opportunities for Union economic operators, goods and services within a reasonable timeframe, the Commission should be able to adopt, where appropriate, price adjustment measure applying to tenders submitted by economic operators originating in that country and/or including goods and services originating in that countrytake appropriate restrictive measures.
Amendment 90 #
2012/0060(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Such measures should be applied only for the purpose of the evaluatmay entail the mandatory exclusion of certain third- country goods and services from public procurement procedures in the European Union, of tenders comprisingr may subject tenders made up of goods or services originating in theat country concernedto a mandatory price. To avoid circumvention of those measures, it may also be necessary to target certain foreign- controlled or owned legal persons that, although established in the European Union, are not engaged in substantive business operations that have a direct and effective link with the economy of at least one Member State . Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.
Amendment 103 #
2012/0060(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The examination procedure should be used for the adoption of implementing acts regarding the adoption, withdrawal, or suspension or reinstatement of a themarket restriction or a price adjustment measure.
Amendment 110 #
2012/0060(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘covered goods or services’ means goods or services originating in a country with which the Union has concluded an international agreement in the field of public procurement and/or concessions including market access commitments ensuring comparable and effective access for Union undertakings to the markets of those third countries and in respect of which the relevant agreement applies;
Amendment 127 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point ii a (new)
Article 7 – paragraph 3 – point ii a (new)
(ii a) decide, by implementing act, to limit the access of goods and services originating in the third country concerned.
Amendment 132 #
2012/0060(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 134 #
2012/0060(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Adoption of measures limiting access of non-covered goods and services to the EU public procurement market 1. Where it is found in an investigation pursuant to Article 6 that restrictive procurement measures adopted or maintained by that third country leads to a lack of substantial reciprocity in market opening between the Union and the third country, the Commission shall terminate the consultations and shall take appropriate action. In particular, the Commission may decide, by means of an implementing act, to temporarily limit the access of non-covered goods and services originating in a third country or to impose a price adjustment measure, pursuant to Article 8. Those implementing acts shall e adopted in accordance with the examination procedure referred to in Article14(2). 2. The measures adopted pursuant to paragraph 1 may take any of the following forms: (a) the exclusion of tenders of which more than 50% of the total value is made up of non-covered goods or services originating in the country adopting or maintaining a restrictive procurement practice; and/or (b) a mandatory price penalty on that part of the tender consisting of non-covered goods or services which originate in the country adopting or maintaining a restrictive procurement practice.
Amendment 175 #
2012/0060(COD)
Proposal for a regulation
Article 17
Article 17
Amendment of Directive 2014/25/EU Articles 85 and 86 of Directive 2014/25/EU shall be deleted with effect from the entry into force of this Regulation.rticle 17 deleted