62 Amendments of Joëlle BERGERON
Amendment 1 #
2017/2007(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Directive 2004/48/EC on the enforcement of intellectual property rights,
Amendment 2 #
2017/2007(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products,
Amendment 3 #
2017/2007(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the Opinion of the European Economic and Social Committee entitled ‘Living tomorrow. 3D printing - a tool to empower the European economy’ (2015/C332/05)
Amendment 4 #
2017/2007(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
- having regard to the Commission communication entitled ‘A balanced IP enforcement system responding to today’s societal challenges’ (COM(2017)0707),
Amendment 5 #
2017/2007(INI)
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
- having regard to the Guidance on certain aspects of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights (2017/0708),
Amendment 6 #
2017/2007(INI)
Motion for a resolution
Citation 1 f (new)
Citation 1 f (new)
- having regard to the reflection paper on harnessing globalisation (COM(2017)0240),
Amendment 13 #
2017/2007(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas on an experimental level, three-dimensional printing (or ‘3D printing’) dates back to the 1960s; initially developed in the United States, 3D-printing technology started to break through into industry in the early 1980s;
Amendment 15 #
2017/2007(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas, however, the development of community spaces for 3D printing (more usually known as ‘fablabs’) and services for printing at a distance, sometimes linked to an on-line 3D file exchange, enables everyone to have 3D objects printed, which is a boon for inventors and project organisers;
Amendment 32 #
2017/2007(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the EU has made 3D printing one of the priority areas of technology; whereas the Commission referred to it, in its recent reflection paper on harnessing globalisation (COM(2017)240), as one of the main factors in bringing about industrial transformation;
Amendment 33 #
2017/2007(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas, in an opinion on 3D printing, the European Economic and Social Committee said that ‘the digital revolution, together with this fabrication revolution, will enable Europe to re-shore production from lower wage regions in order to spur on innovation and create sustainable growth at home’ (2015/C 332/05);
Amendment 43 #
2017/2007(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the economic impact of developing the 3D industry in the Member States cannot yet be accurately ascertained;
Amendment 44 #
2017/2007(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas 3D printing might enable consumers to hit back at in-built obsolescence, as they will be able to make replacement parts for household appliances, whose lifespan is becoming increasingly shorter;
Amendment 75 #
2017/2007(INI)
Motion for a resolution
Recital L
Recital L
L. whereas, in conclusion, legal experts are of the view that 3D printing has not fundamentally altered copyright, but files created may be considered a work and whereas, if that is the case, the work must be protected as such; whereas, in the short and medium term, and with a view to tackling counterfeiting, the main challenge will be to involve professional copyright intermediaries more closely;
Amendment 113 #
2017/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that it goes without saying that care should be taken in the 3D- printing sector, particularly with regard to the quality of the printed product and any dangers that the product may pose to users or consumers, and it would be appropriate to consider including identification means to make it possible to distinguish between objects produced in the traditional way and objects produced using 3D printing; considers that this would help to ensure traceability of the objects created and reduce counterfeiting;
Amendment 127 #
2017/2007(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses, however, that technical solutions – currently underdeveloped – must not be overlooked, for example, the creation of databases of encrypted and protected files and the design of printers connected to and equipped with a system capable of managing intellectual property rights, or promoting cooperation between manufacturers and platforms to make reliable files available to professionals and consumers;
Amendment 134 #
2017/2007(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Criticises the fact that the Commission has not revised Directive 2004/48/EC during this term, as it had announced it would, and has instead limited itself to presenting non-binding guidelines, without providing clarifications on issues specific to 3D printing; welcomes, though, the measures announced by the Commission on 29 November 2017 which are intended to step up intellectual property protection and to launch a study into this subject in March;
Amendment 138 #
2017/2007(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Therefore calls on the Commission to give comprehensive consideration to every aspect of 3D-printing technology when taking the measures referred to in its communication (COM(2017)0707), without duplicating existing applicable measures; stresses the importance of involving stakeholders in that work;
Amendment 147 #
2017/2007(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to clearly define the various responsibilities by identifying the parties involved in making a 3D object: software designer and supplier, 3D printer manufacturer, raw materials supplier, object printer and all others involved in making the object;
Amendment 120 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least fivetwo working days per yearmonth, per worker. Such right mayust be subject to appropriate medical and detailed substantiation of the medical condition of the worker's relative.
Amendment 876 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 4 – paragraph 4 – subparagraph 2
Rule 4 – paragraph 4 – subparagraph 2
Where the competent authorities of the Member States ornotify the President of the Unionend orf the Member concerned notify the President of an appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning ofterm of office of a Member of the European Parliament as a result either of an additional incompatibility established by the law of that Member State in accordance with Article 7(1) or (23) of the Act of 20 September 1976, the President shall inform Parliament, which shall establish that there is a vacancy or of the withdrawal of the Member's mandate pursuant to Article 13(3) of that Act, the President shall inform Parliament that the term of office of that Member ended on the date communicated by the Member State. Where no such date is communicated, the date of the end of the term of office shall be the date of the notification by that Member State.
Amendment 882 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 3
Rule 9 – paragraph 3
3. The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities. No amendments may be tabled to such a proposal. If the proposal is rejected, a contrary decision shall be deemed to have been adopted.
Amendment 886 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 8 – subparagraph 1
Rule 9 – paragraph 8 – subparagraph 1
The committee's reportproposal for a decision shall be placed at the head ofon the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to thesuch a proposal(s) for a decision.
Amendment 960 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 39 – paragraph 4
Rule 39 – paragraph 4
4. IWhere appropriate, after exchanging views with the Council and the Commission in accordance with the arrangements agreed at interinstitutional level1a, if the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Without prejudice to Rule 63, Parliament shall vote on this before voting on the substance of the proposal. __________________ 1aInterinstitutional Agreement of 13 April 2016 on Better-Law Making, paragraph 25 (OJ L 123, 12.5.2016, p. 1)
Amendment 961 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Where the committee responsible for the subject-matter is of the opinion that a proposal for a legislative act, or parts of it, does not comply with the principle of subsidiarity, it shall request the opinion of the committee responsible for respect of the principle of subsidiarity. Such request shall be made no later than four weeks of the announcement in Parliament of referral to the committee responsible for the subject-matter.
Amendment 982 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 1
Rule 63 – paragraph 1 – indent 1
– where the Commission withdrawsreplaces, substantially amends or intends substantially to amend its initial proposal after Parliament has adopted its position, in order to replace it with another text, except where this is done in order to take account of Parliament's position; orif the Commission intends to modify the legal basis provided for in its initial proposal, with the result that the ordinary legislative procedure would no longer apply, the President may also act at the request of the committee responsible for legal affairs;
Amendment 983 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 2
Rule 63 – paragraph 1 – indent 2
Amendment 984 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 3
Rule 63 – paragraph 1 – indent 3
– where, through the passage of time or changes in circumstances, the nature of the problem with which the proposal is concerned substantially changes; or
Amendment 985 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 2
Rule 63 – paragraph 2
2. ParliamThe President shall, at the request of the committee responsible, ask the Council to refer again to Parliament a proposal submitted by the Commission pursuant to Article 294 of the Treaty on the Functioning of the European Unio for the subject-matter or the committee responsible for legal affairs, ask the Council to refer a draft legislative act to Parliament again, where the Council intends to modify the legal basis of the proposalprovided for in Parliament's position at first reading with the result that the ordinary legislative procedure willould no longer apply.
Amendment 1077 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 a (new)
Rule 141 – paragraph 4 a (new)
4a. In urgent cases, the President, where possible after consulting the Chair and rapporteur of the committee responsible for legal affairs, may take precautionary action in order to comply with the relevant time-limits. In such cases, the procedure provided for in paragraphs 3 or 4 shall, as applicable, be implemented at the earliest opportunity.
Amendment 1078 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 b (new)
Rule 141 – paragraph 4 b (new)
4b. The committee responsible for legal affairs shall lay down principles for the application of this Rule.
Amendment 126 #
2016/0359(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Where the financing of a working instrument, such as operating equipment, rolling stock or production tool, is carried out in the form of leasing, in the event of judicial receivership or liquidation and if at least half of the payments to a financial institution have already been carried out, the latter should not be able to resume deployment of this working tool before a reasonable period of at least one year, thus leaving the debtor the possibility of resuming payments.
Amendment 99 #
2016/0280(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with the principles of subsidiarity and proportionality, in Member States where commercial use of the freedom of panorama is not authorised, reproductions and representations by natural persons of works of architecture and sculptures permanently located in public places must always require the prior authorisation of the authors, their rightholders or collecting societies. Paragraph 37 of Parliament's resolution of 9 July 2015 on the implementation of Directive 2001/29/EC states that this field could benefit from more common rules, while remarking that differences may be justified to allow Member States to legislate according to their specific cultural and economic interests.
Amendment 255 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licencesto be used for out-of- commerce works to extend to the rights of rightholders that are not represented by the collective management organisation, in accordance to their legal traditions, practices or circumstances. Such mechanisms can include extended collective licensing and presumptions of representation. This directive should not anticipate any specific solutions developed in Member States to handle the mass digitisation of out-of-commerce works.
Amendment 331 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications and press agencies under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. TheyArticles 2 and 3(2) of Directive 2001/29/EC and Articles 3 and 9 of Directive 2006/115/EC, insofar as the use of press publications is concerned. Short extracts of copyrighted press publications constitute reproduction given their economic value. Their unauthorised use should therefore be prohibited unless they are being used in a private and non- commercial context. These rights should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. The protection afforded to press agencies and publishers by this Directive should include any content generated automatically by news aggregators.
Amendment 563 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Copies of content accessible for text and data mining (TDM) must be kept in a secure way. They may not be stored or preserved in any form beyond the end of the TDM project. Any copy preserved or stored for more than six months after the end of the project shall be considered an unlawful copy.
Amendment 992 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Directive 2001/29/EC
Article 12 – paragraph 4 – point g a (new)
Article 12 – paragraph 4 – point g a (new)
2a. In Article 12(4) the following point is added: "(ga) to add publishers and press agencies to the list of beneficiaries of related rights listed in Article 2 of Directive 2001/29/EC as regards the reproduction right."
Amendment 6 #
2015/2062(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to the UN minimum rules on the treatment of prisoners and the declarations and principles adopted by the General Assembly; having regard to the recommendations of the Committee of Ministers of the Council of Europe, particularly Recommendation (2006)2 on European Prison Rules, Recommendation (2006)13 on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse, Recommendation (2008)11 on the European rules for juvenile offenders subject to sanctions or measures, Recommendation (2010)1 on the Council of Europe Probation Rules, Recommendation (2017) 3 on the European Rules on community sanctions and measures and the recommendations adopted by the Parliamentary Assembly,
Amendment 11 #
2015/2062(INI)
Motion for a resolution
Citation 14
Citation 14
— having regard to its resolution of 25 November 2015 on the prevention of radicalisation and recruitment of European citizens by terrorist organisations (2015/2063(INI))9, _________________ 9 Texts adopted on that date, P8_TA(2015)0410. and the UNODC Handbook9a on the management of violent extremist prisoners and the prevention of radicalisation to violence in prisons, _________________ 9 Texts adopted on that date, P8_TA(2015)0410. 9a http://www.unodc.org/pdf/criminal_justic e/Handbook_on_VEPs.pdf
Amendment 25 #
2015/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas prison conditions and prison management are responsibilities of the Member States but the Union also has a necessary role to play in protecting the fundamental rights of prisoners and in creating the European Area of Freedom, Security and Justice;(Does not affect English version.)
Amendment 37 #
2015/2062(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas there is no correlation between severity of sentences and a drop in the crime rate;
Amendment 43 #
2015/2062(INI)
E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors and people suffering from mental and psychiatric disturbanceserious mental or physical illness;
Amendment 56 #
2015/2062(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the increase in multi- ethnic societies, migration, terrorism and poverty are transnational problems which require a harmonised response strategy in Europe; whereas to combat crime effectively it is necessary to develop respect for and protection of the rule of law, to support integration and to reduce social inequalities;
Amendment 64 #
2015/2062(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, according to Council of Europe figures for 20145, on average 210% of prisoners in European prisons are foreigners and whereas they are most often remanded in custody because of the greater risk of absconding associated with them;
Amendment 70 #
2015/2062(INI)
Motion for a resolution
Recital I
Recital I
I. whereas better initial and continuous training of prison staff and an increase in staffing levels among them are essential to ensure good detention conditions in prisons;
Amendment 79 #
2015/2062(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas any violation of the fundamental rights of prisoners which does not result from restrictions that are vital for the deprivation of freedom is detrimental to human dignity and significantly impairs the sentence’s corrective purpose;
Amendment 97 #
2015/2062(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its concern about prison conditions in certain Member States; calls on Member States to comply with the rules on detention derived from the instruments of international law and Council of Europe standards; calls on Member States to adopt independent prison monitoring mechanisms as laid down in the Optional Protocol to the Convention against Torture (OPCAT);
Amendment 111 #
2015/2062(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms that detention conditions are a decisive element in the application of the principle of mutual recognition of judgments in the European Union Area of Freedom, Security and Justice, as the Court of Justice held in the Aranyosi and Căldăraru cases;
Amendment 115 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard toon living conditions, the activities made available, medical care and monitoring of prisoners; points out that Member States calculate prison capacity and, therefore, overcrowding rates, in accordance with spatial parameters that differ radically from country to country, making it difficult, if not impossible, to draw comparisons across the European Union;
Amendment 125 #
2015/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages Member States, with a view to preventing recidivism and encouraging the reintegration of prisoners, to prioritise policies and legislation focusing on restorative and mediation-based justice, which uses social, economic and cultural tools rather than purely punitive measures;
Amendment 141 #
2015/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that increasing prisons’ capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as increases in prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment and modernisation of prisons in order to protect the rights of prisonersioritise small units with accommodation for a restricted number of prisoners and therefore better protect their rights and to encourage rehabilitation and reintegration into society; recalls that the Commission recently mentioned the possibility of drawing on the Structural Funds of the European Union;
Amendment 158 #
2015/2062(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that remand in custody must remain a measure of last resort, to be used in cases where it is strictly necessary and for the shortest possible period of time; deplores the fact that in many Member States in practice remand is used systematically, which, combined with poor prison conditions, may constitutes a violation of the fundamental rights of prisoners;
Amendment 160 #
2015/2062(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on Member States to use solitary confinement only as a last resort, and to do so in a strictly regulated way; calls on Member States to abolish this measure for detainees who are minors;
Amendment 161 #
2015/2062(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the principle of the universal right to health, and encourages Member States to guarantee access to health in prison;
Amendment 168 #
2015/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages Member States to adopt non-custodial measures as an alternatives to detention and calls on them to ensure that, in addition to the punitive aspect of imprisonment, attention is also devoted to more educational and social aspects, particularly in relation to the rights to education, work and training, in order to enable punishment to be managed better, make a success of social reintegration and reduce recidivism; draws attention in this connection to the good practices which exist in the Scandinavian countries;
Amendment 175 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to ensure that prisoners are able to maintain links with family and friends by allowing them to serve their sentences in establishments close to their homes and by promoting access to visits, telephone calls and supervised use of new technologies;
Amendment 211 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on Member States to abide by the recommendations in force concerning the treatment of female prisoners, avoiding any gender discrimination;
Amendment 216 #
2015/2062(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on Member States to take action against any form of discrimination in the treatment of prisoners on the grounds of sexual orientation, and to take positive actions to guarantee prisoners’ rights to sexuality;
Amendment 223 #
2015/2062(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on Member States to abide by the recommendations in force concerning the treatment of foreign prisoners, based on their right not to suffer discrimination, in particular by promoting action being taken by cultural mediators;
Amendment 235 #
2015/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prison while protecting freedom of religion and avoiding discrimination relating to the practice of a faith;
Amendment 257 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that consideration for and, training of and respect for prison staff isare essential in order to ensure good detention conditions in prison, and encourages Member States to share information and good practices and to adopt a code of ethics for their prison staff; to this end, calls for a General Assembly of Prison Administrations to be convened;
Amendment 276 #
2015/2062(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to promote policies to reintegrate prisoners into civil life and to establish policies on monitoring and adjustment of penalties; points out that recidivism is less frequent when prisoners have a staged move from life within prison to life outside prison;
Amendment 278 #
2015/2062(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages Member States to develop tools to support prisoners’ return to professional life with the aim of identifying job opportunities in relation to local needs, to organise and supervise training and work in as tailored a way as possible and to be in constant dialogue with employers’ representatives; calls on Member States to ensure that work in prison is better paid than is currently the case; encourages Member States to create incentives for employers wishing to employ prisoners;