1365 Amendments of Richard SULÍK

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 2
Paragraph 1

1. ~~Grants/postpones~~Postpones its decision on granting the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2017;

2019/01/31
Committee: CONT

2018/2166(DEC)

Proposal for a decision 3
Paragraph 1

1. ~~Grants/postpones~~Postpones its decision on granting the Director of the Executive Agency for Small and Medium-sized Enterprises discharge in respect of the implementation of the Agency’s budget for the financial year 2017;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 4
Paragraph 1

1. ~~Grants/postpones~~Postpones its decision on granting the Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2017;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 5
Paragraph 1

1. ~~Grants/postpones~~Postpones its decision on granting the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2017;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 6
Paragraph 1

1. ~~Grants/postpones~~Postpones its decision on granting the Director of the Research Executive Agency discharge in relation to the implementation of the Agency’s budget for the financial year 2017;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 7
Paragraph 1

1. ~~Grants/postpones~~Postpones its decision on granting the Director of the Innovation and Networks Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2017;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 53 – subparagraph 1 (new)

Stresses that regarding external relations DG NEAR and DG DEVCO use in their AARs residual error rates that are the products of residual error rate (RER) studies and that the RER is calculated on transactions only from closed contracts, for which all controls have been already applied;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 54

54. Notes the fact that the Court considered that the RER studies were broadly fit for purpose ~~whilst havi~~although the Court had strong concerns about the quality of those studies;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 54 – subparagraph 1 (new)

Notes that the RER of DG DEVCO and DGNEAR do not include payments made in 2017;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Subheading 20

~~Some success stories~~deleted

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Subheading 23

~~Some success stories~~deleted

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 75

75. Is deeply concerned by the fact that, according to the Court, 64 % of the total value of EFSI contracts that the EIB Group had signed by the end of 2017 was concentrated in six Member States~~: France, Italy, Spain, Germany, UK, Poland~~;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 92

92. Finds it unacceptable that, according to the Commission, eight critical or very important recommendations issues by the Commission’s Internal Audit Service over the period 2014 - 2017 are still pending; requests to obtain the progress report on these recommendations implementation until 30 June 2019;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 104 – subparagraph 1 (new)

Points out that for Asylum Migration and Integration Fund/Internal Security Fund, DG HOME only reports the residual error rate since, as foreseen by the legal basis, the National Audit Authorities do not have to report to DG HOME the detected error rates (see reply to question 14, hearing Avramopoulos 18 October2018); consequently, for AAR 2017, the error rate reported is the residual one, meaning the estimated error rate minus any amounts corresponding to any corrective actions taken that have already effectively reduced the exposure;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 116 – subparagraph 1 (new)

Points out that the Communication to the Commission on the Governance in the European Commission adopted on 21 November 2018 does not modify the distinction made between the ‘political responsibility of Commissioners’ and the ‘operational responsibility of Directors- General’ introduced by the administrative reform of 2000;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 116 a (new)

116a. Observes that it has not always been made clear whether ‘political responsibility’ encompasses responsibility for the directorates-general, or is distinct from it;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 126 – subparagraph 1 (new)

Notes that if the authorising officers by delegation, when disclosing the specific areas of their expenditure for which they issue a reservation refer to the materiality threshold of 2 % only in the context of the ‘residual error rate’, they finally run the risk to underestimate the risk of error;

2019/01/31
Committee: CONT

2018/2166(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 126 a (new)

126a. Stresses that the Commission did not disclose in its AMPR 2017 the scope of the reservations that was reported on in the AMPRs of preceding years;

2019/01/31
Committee: CONT

2018/2108(INI)

Draft opinion
Paragraph 2 a (new)

2 a. Recommends the Commission to develop guidelines on informing patients about step-by-step procedures for using the cross-border health care services and to create standardised templates for all types of forms required in cross-border healthcare, in cooperation with the involvement of patient organisations;

2018/09/18
Committee: IMCO

2018/2108(INI)

Draft opinion
Paragraph 2 b (new)

2 b. Recommends to Member States to publish accurate and easily understandable information about step- by-step procedures for using the cross- border health care services;

2018/09/18
Committee: IMCO

2018/2108(INI)

Draft opinion
Paragraph 2 c (new)

2 c. Asks Member States and National Contact Points to inform patients beyond generic information, such as links to national laws or regulatory documents and to provide practical and easily understandable complex legal and medical information;

2018/09/18
Committee: IMCO

2018/2108(INI)

Draft opinion
Paragraph 3 a (new)

3 a. Recommends the Commission to establish and publish benchmarks and key indicators for quality of healthcare and patient safety and compare information across institutions and Member States;

2018/09/18
Committee: IMCO

2018/2108(INI)

Draft opinion
Paragraph 4 a (new)

4 a. Reminds that eHealth applications are financed or co-financed from the Union´s budget, therefore highlights the Commission should more actively address the lack of interoperability between Member States’ eHealth solutions;

2018/09/18
Committee: IMCO

2018/2108(INI)

Draft opinion
Paragraph 4 b (new)

4 b. Asks the Commission to identify the Member States with interoperable and properly functioning eHealth solutions and their individual functionalities;

2018/09/18
Committee: IMCO

2018/2108(INI)

Draft opinion
Paragraph 5 a (new)

5 a. Welcomes the pending audit of the European Court of Auditors on whether implementation of the Directive to date has been effective, and whether cross- border healthcare is delivering benefits to patients; strongly encourages the Commission and the Member States to take the recommendations of this audit into account;

2018/09/18
Committee: IMCO

2018/2108(INI)

Draft opinion
Paragraph 5 b (new)

5 b. Encourages Member States to highly consider the undue delay rule of reimbursement for cross-border health care services introduced by Directive and not to apply burdensome requirements not justified by Directive such as documents certified by a consul in the country of treatment, a sworn translation of invoices or a referral from a medical professional in the home country, annual reimbursement limit for cross-border care;

2018/09/18
Committee: IMCO

2018/2089(INI)

Draft opinion
Paragraph 2

2. Points out that the deployment of connected and automated mobility can contribute to road safety, help to reduce road fatalities to zero in Europe by 2050, and favour lower emissions, social inclusion and overall transport efficiency; ~~stresses that societal acceptance will be achieved only if the highest safety and security standards are guaranteed;~~

2018/09/06
Committee: IMCO

2018/2089(INI)

Draft opinion
Paragraph 2 a (new)

2a. Stresses that while high safety and security standards are necessary for societal acceptance, they must be proportionate to the level of technology that is already in existence;

2018/09/06
Committee: IMCO

2018/2089(INI)

Draft opinion
Paragraph 2 b (new)

2b. Points out that excessive safety and security standards could slow down the adoption of automated mobility and eventually cost more lives as autonomous vehicles tend to be much safer than human driven vehicles already today;

2018/09/06
Committee: IMCO

2018/2089(INI)

Draft opinion
Paragraph 2 c (new)

2c. Stresses that ethical aspects of pre- programmed actions of self-driving cars in the case of accident need to be addressed in public discussion and resolved by the legislator before their full acceptance in traffic1a; _________________ 1a Example: In a case when a car is about to hit a child who accidentally enter the road, should the automated car try to avoid the collision at all costs, which would include deliberate crash of the car causing harm or fatalities to its driver?

2018/09/06
Committee: IMCO

2018/2089(INI)

Draft opinion
Paragraph 2 d (new)

2d. Stresses the Commission’s statement that the vast majority of investment concerning automated mobility will come from the private sector, therefore highlights the risk of “dead- weight effect” as public funding could replace private investments that would otherwise occur and that public subsidies could also lead to “crowding out effect”, where potentially more valuable projects financed by the private sector would be replaced by less valuable projects financed from public budget.;

2018/09/06
Committee: IMCO

2018/2089(INI)

Draft opinion
Paragraph 5 a (new)

5a. Suggests that any European budgetary program for support of automated mobility should be accompanied by cost-benefit, value for money analysis which would also calculate dead-weight costs and opportunity costs created by the program;

2018/09/06
Committee: IMCO

2018/2089(INI)

Draft opinion
Paragraph 5 b (new)

5b. Suggests to simplify the Union regulatory policy for automated vehicles, as less burdensome regulation can determine the degree of co-financing of the whole project by the private sector;

2018/09/06
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Recital A

A. whereas payments are the bloodstream of businesses, and viable and efficient business environments ~~depend on~~ prompt payments toare often conductive for enableing businesses to expand, invest, create employment, generate broader economic growth and benefit the European economy in general;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Recital C

C. whereas large businesses may have more resources at their disposal than SMEs to protect themselves against late payments, e.g. via pre-payment, credit checks, debt collection, bank guarantees or credit insurance, and ~~are~~may also be better placed to take advantage of the global low interest rate environment to increase their investments;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Recital G

G. whereas across company sizes, SMEs are the most likely to accept ~~unfai~~longer payment terms ~~or have them imposed on them by larger companies, owing to an imbalance of power and~~, owing to the fear of damaging business relations and losing a future contract;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Recital I

I. whereas late payment ~~still accounts for~~plays a role in 1 in 4 bankruptcies in the EU;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Recital K

~~K. whereas for each day of reduction in payment delays EUR 158 million could be saved in finance costs, and the additional cash flow could support 6.5 million additional jobs in Europe;~~deleted

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Recital P

P. whereas problems leading to late payment ~~must~~could be addressed through a combination of legal and voluntary measures, with targeted interventions involving the Commission, Member States and business associations; whereas such a combination would include preventive measures targeting issues arising before a transaction takes place and remedial solutions addressing issues after a transaction has been completed; whereas any intervention, whether regulatory or voluntary, should take into account the specificities of the economic sector concerned;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Recital P a (new)

Pa. whereas the Commission implementation report 2016 was concluded with a number of recommendations for actions that could accelerate the positive impact of the Late Payment Directive, without suggesting any legislative modifications;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 4

4. Points out that the introduction of the mandatory publication of information in specific databases and registries concerning payment behaviour can discourage late payment and help businesses choose reliable commercial partners; considers that the ‘name and shame’ factor and public access to information can be an incentive for ~~compan~~both, companies and public authorities to improve their payment practices and uphold their monetary obligations;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 6

6. Stresses the importance of providing entrepreneurs, in particular SMEs, with more information and education on credit and invoice management; recalls that effective credit management shortens the average collection period and maintains an optimal cash flow, thus reducing the risk of default and increasing the potential for growth; believes that training and support may also make SMEs more likely to take advantage of Late Payment Directive remedies; notes that SMEs unfortunately often lack the capacity to invest in training and that there are currently no programmes at EU or national level focusing on enhancing businesses’ knowledge of credit and invoice management; believes that more EU funds should possibly be directed towards the financial education of SMEs;deleted

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 7

7. Calls on the Member States and business associations to ~~set up national and regional free and~~consider, where appropriate, setting up confidential mediation services (mediation, conciliation, arbitration and adjudication) accessible to all companies, as an alternative to court proceedings, to resolve payment disputes and maintain business relations, but also to educate the companies about their rights and remedies against late payment;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 8

8. Calls on the Member States to enforce their national legislation and to encourage and improve stricter controls~~, in particular among large compan~~ among public authorities, and the use of administrative sanctions (reinforced through a ‘name and shame’ provision that generates peer pressure), thus contributing to the improvement of their payment behavior; maintains that direct ~~intervention from the public authorities, since it is they who~~ enforcement of administrative sanctions, could help to overcome the ‘fear factor’ and relieve private creditors of the responsibility to take action against public debtors, as the public enforcement authorities would directly enforce the law and take discretionary action against ~~enterpris~~public authorities engaged in bad payment practices; believes that the value of sanctions and their cumulative nature could deter ~~compan~~public authorities from paying late, while public access to information (publication of sanctions) could directly harm the ~~company’s~~ir image;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 10

10. Notes with great concern the situation in some Member States, where public authorities have greatly delayed payments for goods and/or services supplied to them by undertakings with the health sector being one of the most affected sectors, leading those businesses into extreme financial difficulties; believes that in order to support businesses whose financial management is complicated by delayed payments from public authorities, the Member States should put in place faster and more efficient VAT refund procedures, especially for SMEs;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 12

12. Maintains that certain concepts of the Directive, such as ‘grossly unfair’, and when contractual payment terms begin and end could be clarified~~, either in the Directive or~~ through guidance issued by the Commission; notes also the emerging case law of the Court of Justice on the interpretation of certain concepts of the Directive (i.e. ‘undertaking’, ‘commercial transaction’ and ‘grossly unfair’ in Cases C-256/15 and C-555/14);

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 15

15. Stresses that making payments quickly is ~~absolutely essential~~often important for the survival and growth of businesses; notes that fintech and digital technologies are revolutionising the means and speed of payments; expects, therefore, a sharp increase in electronic invoicing and the gradual replacement of traditional types of payment with innovative types (e.g. supply chain financing, factoring, etc.), so that the creditor can be paid in real time as soon as the invoice is issued;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 17

17. ~~Notes with concern~~Acknowledges the conclusions of the Commission report, which state that the main reason for creditor firms failing to exercise their rights under the Late Payment Directive is the fear of damaging good business relationships; believes, in this regard, that action should be taken to make it easier for SMEs to enforce the rights granted under the Late Payment Directive; calls, in this context, for further examination of the possibility, set out under Article 7(5) of the Late Payment Directive, for organisations officially representing undertakings to take action before Member States’ courts on the grounds that contractual terms or practices are grossly unfair;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 20 a (new)

20a. Asks the Commission to ensure the full and adequate implementation of existing obligations before introducing any new legislation;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 21

21. Calls on the Member States and the Commission to foster ‘a decisive shift towards a culture of prompt payment’12 by taking the most appropriate measures, including, where necessary, legislative initiatives, taking into account the abovementioned proposals; _________________ 12 Recital 12 of Directive 2011/7/EU.deleted

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 21

21. Calls on the Member States and the Commission to foster ‘a decisive shift towards a culture of prompt payment’12 where appropriate by taking the most ~~appropriat~~suitable measures, in~~cluding, where necessary, legislative initiatives, taking into account the abovementioned proposals; _________________ 12~~ particular softer measures such as guidance and best practices; _________________ 12 Recital 12 of Directive 2011/7/EU. Recital 12 of Directive 2011/7/EU.

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 21 a (new)

21a. Asks the Commission to consider simplifying the Late Payment Directive to improve the level of its implementation as the last resort when all the softer measures failed to bring effective results. In this regard reminds the Commission of its commitment to “do less, more efficiently”;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 21 b (new)

21b. Asks Member States and the Commission to not further limit the contractual freedom;

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 22

22. Reminds the Member States and the Commission that prompt payment is an overarching requirement for viable business environments and that, as such, it should be mainstreamed into all policy and legislative initiatives affecting businesses (e.g. CSR, start-ups and platform-to-businesses relationships);deleted

2018/10/17
Committee: IMCO

2018/2056(INI)

Motion for a resolution
Paragraph 22 a (new)

22a. Asks the Commission to concentrate its efforts on the payment culture of public authorities which should be an example of a payment culture. Improving their payment culture would automatically improve the payment culture of the private sector, since a lot of private companies have problems with late payment as a direct or indirect consequence of payment delays of public authorities; in some instances, Member States themselves obstruct the correct application of the Late Payment Directive, as they get unfair advantages;

2018/10/17
Committee: IMCO

2018/0111(COD)

Proposal for a directive
Article 14 – paragraph 6

6. A delegated acts adopted pursuant to Article 5 and Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

2018/07/16
Committee: IMCO

2018/0111(COD)

Proposal for a directive
Article 16 – paragraph 1

1. No sooner than ~~four~~seven years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines47 . Member States shall provide the Commission with the information necessary for the preparation of that Report . _________________ 47 SWD (2017)350

2018/07/16
Committee: IMCO

2018/0089(COD)

Proposal for a directive
–

The Committee on Internal Market and Consumer Protection calls on the Committee on Legal Affairs, as the committee responsible, to propose rejection of the Commission proposal.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 10

(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member State, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. ~~They should also be not for profit and have a legitimate~~Qualified entities should act independently from the third parties and have a sufficient capacity in terest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific actionms of resources to represent multiple consumers and acting in their best interest. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 18

(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action. ~~The qualified entity should not be required to individually identify all~~All representative collective actions should be based on an opt-in principle and affected consumers should be able to join the case by means of an opt-in up to the moment of the final judgement in the case. Any exception to this principle should be duly justified. The qualified entity should be therefore required to identify at least some of the consumers concerned by an infringement in order to initiate the action. In representative actions for redress the court or administrative authority should verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action, given the nature of the infringement, such as uniformity of the claims and commonality of the measures sought, and characteristics of the damages suffered by consumers concerned.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 21

(21) In low-value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits. However, if the same practice concerns a number of consumers, the aggregated loss may be significant. In such cases, a court or authority may consider that it is disproportionate to distribute the funds back to the consumers concerned, for example because it is too onerous or impracticable. Therefore the funds received as redress through represIn such cases, Member States should consider to set up a simple mechanism for consumers to easily claim the small amount of compentsative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose, such as a consumer legal aid fund, awareness campaigns or consumer movementson at the end of the representative action.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 25

(25) Qualified entities should be fully transparent about the source of funding of their activity in general and regarding the funds supporting a specific representative action for redress in order to enable courts or administrative authorities to assess whether there may be a conflict of interest between the third party funder and the qualified entity and to avoid risks of abusive litigation as well as to assess whether the funding third party has sufficient resources in order to meet its financial commitments to the qualified entity. The information provided by the qualified entity to the court or administrative authority overseeing the representative action should enable it to assess whether the third party may influence procedural decisions of the qualified entity in the context of the representative action, including on settlements and whether it provides financing for a representative action for redress against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant. If any of these circumstances is confirmed, the court or administrative authority should be empowered to require the qualified entity to refuse the relevant funding and, if necessary, reject standing of the qualified entity in a specific case and so close an action.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 26

(26) Collective out-of-court settlements aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action. Member States should ensure that collective ADR schemes are available as a complementary procedure which ensures that EU consumers have access to the quality-ensured out-of-court dispute resolution systems for both domestic and cross-border contractual disputes.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 30

(30) Any out-of-court settlement reached within the context of a representative action or based on a final declaratory decision should be approved upon request of at least one of the parties concerned by the relevant court or the administrative authority to ensure its legality and fairness, taking into consideration the interests and rights of all parties concerned. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 31

(31) Ensuring that affected consumers are informed about a representative action is crucial for its success. Consumers should be informed ~~of ongoing representative action, the fact~~about the final decisions of an injuntion order which is providing for measures and the approved settlements appropriately to the circumstances of the case. Consumers affected should be informed that a trader's practice has been considered as a breach of law by the final injunction order, their rights following the establishment of an infringement and a possibility of any subsequent steps such as a representative action to be taken by consumers concerned~~, particularly for obtaining redress. The~~. The presumtion of innocence principle and reputational risks ~~associ~~related ~~with~~to spreading information about ~~the~~a potential infringement ~~are also important for deterring traders infringing consumer rights~~should be taken into account.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 37

(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim ~~or needed for adequately informing consumers concerned about the representative action, without it being necessary for them to specif~~. Member States shall ensure that the court or administrative authority verifies that a requested evidence is precisely iand~~ividual items of evidence~~ narrowly circumscribed on the basis of reasonable available facts. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 39 a (new)

(39 a) Member States should ensure that contingency fees, calculated as a percentage of the clients' net recovery, are avoided and lawyers’ remuneration and the method by which it is calculated do no create any incentive to litigation that is unnecessary from the point of view of the interest of consumers or any of the parties concerned and could prevent consumers to fully benefit from the representative action.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Recital 41

(41) In order to effectively tackle infringements with cross-border implications the mutual recognition of the legal standing of qualified entities designated in advance in one Member State to seek representative action in another Member State should be ensured without prejudice to the court or administrative authority right to examine ex officio which conditions for representative actions are met and whether the purpose of the qualified entity justifies their action. Furthermore, qualified entities from different Member States should be able to join forces within a single representative action in front of a single forum, subject to relevant rules on competent jurisdiction. For reasons of efficiency and effectiveness, one qualified entity should be able to bring a representative action in the name of other qualified entities representing consumers from different Member States.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a a (new)

(a a) has a clear objective, publically stated in its statute or other relevant governance document to act in the interest of consumers;

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a b (new)

(a b) has a governance structure that provides for independence from third parties and has internal procedure to prevent conflict of interest, in case of funding received from third parties;

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a c (new)

(a c) has a direct relationship between the main objectives of the entity and rights granted under Union law that are claimed to have been violated in respect of which the action is brought;

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a d (new)

(a d) has sufficient capacity in terms of financial and human resources, and legal expertise to represent multiple consumers and acting in their best interest;

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 – paragraph 2

~~2. Member States may designate a qualified entity on an ad hoc basis for a particular representative action, at its request, if it complies with the criteria referred to in paragraph 1.~~deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 – paragraph 2

2. Member States may designate a qualified entity on an ad hoc basis for a particular representative action, at its request, if it complies with the criteria referred to in paragraph 1 and has obtained certification from a relevant public authority, responsible for oversight before filing a representative action, confirming the need and admissibility of the presentative action.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 – paragraph 2 a (new)

2 a. Member States shall ensure that qualified entities make their annual activity reports publicly available on their websites, on a durable medium upon request, and by any other means they consider appropriate.Those reports shall include at least the following information relating to both domestic and cross-border representative actions: (a) the number of actions launched and the types of measures referred to in Article 5 and 6 to which they related; (b) the number (the rate or percentage) of redress decisions resulting in favour of consumers and in favour of the trader and of representative actions resolved by settlement; (c) the number (the rate or percentage) of representative actions which were discontinued and, if known, the reasons for their discontinuation; (d) the average time taken to resolve a representative action or to reach settlement;

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 4 a (new)

Article 4 a Admissibility 1. Member States shall ensure that a court or an administrative authority verifies ex officio at the earliest possible stage of proceedings cases in which conditions for representative actions are met and manifestly unfounded cases are not continued. 2. A qualified entity bringing a representative action seeking a redress order as referred to in Article 6 shall demonstrate that: a) the action is suitable for a representative action in the interest of multiple consumers; b) the claims are uniform; c) there is a commonality in the measures sought; d) there is an appropriate number of consumers affected by the measures sought by the representative action; e) seeking measures referred to in Article 6 via individual actions would create a risk of inconsistent decisions.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2

In order to seek injunction orders, qualified entities shall ~~not have to~~ obtain the mandate of the individual consumers concerned or provide proof of actual or predicted loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 5 – paragraph 3

3. Member States shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement. These measures shall be sought only on the basis of any final decision establishing that a practice constitutes an infringement of Union law listed in Annex I harming collective interests of consumers, including a final injunction order referred to in paragraph (2)(b).

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 5 – paragraph 4

4. Without prejudice to Article 4(4), Member States shall ensure that qualified entities are able to seek the measures eliminating the continuing effects of the infringement together with measures referred to in paragraph 2 within a single representative action.deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 5 – paragraph 4

4. ~~Without prejudice to Article 4(4), Member States shall ensure that qualified entities ar~~Qualified entities shall not be able to seek the measures eliminating the continuing effects of the infringement together with measures referred to in paragraph 2 within a single representative action.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. AMember States shall ensure that qualified entities shall have to obtain the mandate of affected individual consumer in order to file a representative action (the “opt-in” principle). Any exception to this principle, by law or by court order, should be duly justified by reasons of sound administration of justice. However, other affected consumers shall be able to join the representative action at any time. For this reason, a Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 a (new)

Member States may allow both for an opt- out and an opt-in procedure to file a representative action. It should be up to a court or an administrative authority to decide, on the basis of objective criteria, which approach is best suited for each case. Such criteria could be for example the nature of the claim, its value, and the number of potentially affected consumers.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 b (new)

A qualified entity could, through a single action (a model test case), obtain clarification for a multitude of consumers if cases are based on the same facts. Following a corresponding public appeal, the injured consumers could declare their claims cost-efficiently in a register of claims kept by the court (opt-in) and interrupt hereby the limitation/prescription period of their individual claims. The outcome of the test case, a declaratory judgment, should be binding for the registered consumers who could pursue after that their claims individually on the basis of the stated facts in the test case.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)

1 a. The redress resulting from a representative action shall be always allocated to affected consumers and shall not serve any other purpose.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 6 – paragraph 3 – point b

(b) consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them. In such cases, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public purpose serving the collective interests of consumers.deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 6 – paragraph 3 – point b

(b) consumers have suffered a small amount of loss and it would be disproportionate to distribute the redress to them. In such cases, Member States shall ensure that the mandate of the individual consumers concerned is not required. The redress shall be directed to a public purpose serving the collective intefor which obtaining redress by an individual consumer would cause them disproportionate effort. Member States shall establish a simple mechanism on the allocation of the redrests ofor affected consumers.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. The redress awarded should not exceed the compensation that would have been awarded if the representative action had been pursued by means of individual action. In particular, Member States shall prohibit any form of (punitive) damages that lead to the overcompensation of the consumer in relation to the damage suffered.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 7 – paragraph 1 a (new)

1 a. Member States shall ensure that in cases where a representative action for redress is funded by a third party: (a) The third party funder has a legal obligation to act in the best interest of the qualified entity (fiduciary duty); (b) The remuneration for the funder is clearly stated in the third party funding agreement to allow consumers obtain effective knowledge on the part of their redress to be paid to the funder; (c) The remuneration for the funder is based on the redress effectively paid to consumers and not on the amount claimed or awarded in the court decision or settlement; (d) The funding agreement may be subject to court scrutiny to ensure it provides fair compensation to consumers.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b

(b) to provide financing for a collective representative action against a defendant who is a competitor of the fund provider or against a defendant on whom the fund provider is dependant;

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 7 – paragraph 3

3. Member States shall ensure that ~~courts and administrative authorities are emp~~where a representative action is funded by a third party the court is allowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and, if necessary, reject the standing of the qualified entity in a specific casestay the proceedings if: (a) There is a conflict of interests between the third party and the qualified entity and the consumers it represents; (b) The third party has insufficient resources in order to meet its financial commitments to the qualified entity; (c) The qualified entity has insufficient resources to meet any adverse costs should the representative action fail.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 10 – paragraph 1

1. Member States shall ensure that an infringement harming collective interests of consumers established in a final decision of an administrative authority or a court, including a final injunction order referred to in Article 5(2)(b), is deemed as irrefutably establishing the existence o~~f that~~r non existence of an infringement for the purposes of any other actions seeking redress before their national courts against the same trader for the same ~~infringement~~facts.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 13 – paragraph 1

Member States shall ensure that, at the request of ~~a qualified entity~~one of the parties that has presented reasonably available facts and evidence sufficient to support ~~the representative action~~his views, and has indicated further evidence which lies in the control of the ~~defendant~~other party, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by th~~e defendant~~is party, subject to the applicable Union and national rules on confidentiality.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 13 – paragraph 1 a (new)

Member States shall ensure that the court or administrative authority verifies that a requested evidence is circumscribed as precisely and as narrowly as possible on the basis of reasonable available facts, and that the disclosure is limited to that which is proportionate taking into account the scope and costs of disclosure, and whether the disclosure would include confidential information.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Article 13 a (new)

Article 13 a Legal representation and lawyers’ fees 1. Member States shall ensure that the lawyers’ remuneration and the method by which it is calculated do no create any incentive to litigation that is unnecessary from the point of view of the interest of any of the parties. 2. Member States shall in principle not permit contingency, fees calculated as a percentage of the clients' net recovery, which risk creating such an incentive. The Member States that allow for contingency fees shall ensure that such fees do not prevent obtaining full compensation by consumers.

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 6

(6) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 16

~~(16) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).~~deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 21

(21) Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94–136).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 22

(22) Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32–96).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 23

(23) Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross- border payments in the Community and repealing Regulation (EC) No 2560/2001 (OJ L 266, 9.10.2009, p. 11–18).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 24

(24) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7– 17).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 27

(27) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1–155): Articles 183, 184, 185 and186.deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 34

(34) Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1– 73).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 37

(37) Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, p. 22–37).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 40

~~(40) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (OJ L 165, 18.6.2013, p. 63): Article 13.~~deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 41

(41) Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes (Regulation on consumer ODR) (OJ L 165, 18.6.2013, p. 1): Article 14.deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 42

~~(42) Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (OJ L 115, 25.4.2013, p. 1–17).~~deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 43

~~(43) Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (OJ L 115, 25.4.2013, p. 18–38).~~deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 48

(48) Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (OJ L 352, 9.12.2014, p. 1–23).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 49

~~(49) Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long-term investment funds (OJ L 123, 19.5.2015, p. 98–121).~~deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 50

(50) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 52

~~(52) Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) (OJ L 26, 2.2.2016, p. 19–59).~~deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 54

(54) Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) (OJ L 354, 23.12.2016, p. 37–85).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 56

(56) Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12– 82).deleted

2018/09/28
Committee: IMCO

2018/0089(COD)

Proposal for a directive
Annex I – point 57

~~(57) Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds (OJ L 169, 30.6.2017, p. 8–45).~~deleted

2018/09/28
Committee: IMCO

2017/2191(INI)

Draft opinion
Paragraph 7

7. Recalls that if anti-competitive practices are to be fought effectively~~, all aspects of unfair competition must be taken into consideration, including social dumping and fraudulent posting of workers~~.

2017/10/05
Committee: IMCO

2017/2191(INI)

Richard SULÍK, Beata GOSIEWSKA, Notis MARIAS, Ryszard CZARNECKI, Raffaele FITTO

Draft opinion
Paragraph 7 a (new)

7 a. Reiterates that protectionist measures harm the functioning of the Single Market and encourages the Commission to enforce the Single Market rules and guide Member States to comply with fundamental freedoms including the free movement of labour.

2017/10/05
Committee: IMCO

2017/2187(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2016 /~~ Postpones its decision on ~~discharge to~~granting the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2186(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the Shift2Rail Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2016 /~~ Postpones its decision on discharge to the Executive Director of the Shift2Rail Joint Undertaking in respect of the implementation of the Joint Undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2185(DEC)

Ryszard CZARNECKI, Richard SULÍK, Beata GOSIEWSKA, Notis MARIAS, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the Fuel Cells and Hydrogen 2 Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the Fuel Cells and Hydrogen 2 Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2184(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the Innovative Medicines Initiative 2 Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the Innovative Medicines Initiative 2 Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2183(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the Bio-based Industries Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the Bio- based Industries Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2182(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the Clean Sky 2 Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the Clean Sky 2 Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2181(DEC)

Richard SULÍK, Beata GOSIEWSKA, Notis MARIAS, Ryszard CZARNECKI, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the SESAR Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2016 /~~ Postpones its decision on discharge to the Executive Director of the SESAR Joint Undertaking in respect of the implementation of the joint undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2180(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2016 /~~ Postpones its decision on discharge to the Director of the Joint Undertaking for ITER and the Development of Fusion Energy in respect of the implementation of the joint undertaking’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2179(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 2

2. Notes with concern that, according to the Court of Auditors’ summary of results of the Court’s 2016 annual audits of the Union agencies and other bodies (“the Court’s summary”), the agencies’ 2016 budget amounted to some EUR 3,4 billion, representing an increase of about 21,42 % compared to 2015 and about 2,4 % (2015: 2%) of the Union’s general budget; points out that the increase is mainly related to agencies working on matters related to industry, research and energy (additional EUR 358 000 000) and civil liberties, justice and home affairs (additional EUR 174 000 000); notes moreover that of the EUR 3,4 billion budget, some EUR 2,4 billion were financed by the Union general budget, whereas some EUR 1 billion were financed by fees and also by direct contributions from Member States, the European Free Trade Association countries and other sources;

2018/03/02
Committee: CONT

2017/2179(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 6

6. ~~Welcom~~Notes the contribution provided by the EU Agency’s Network (“the Network”) in coordinating, collecting and consolidating actions and information for the benefit of the Union Institutions, including the Parliament; notes that its coordination tasks include the annual discharge and budget procedures, the implementation of the Commission’s roadmap stemming from the Common Approach and related policy initiatives, and the review and implementation of Financial and Staff Regulations;

2018/03/02
Committee: CONT

2017/2179(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 13

13. Stresses, therefore, the immediate need to establish clear definitions of acceptable carry-overs in order to streamline the Court’s reporting on this issue, as well as to enable the discharge authority to distinguish between the carry- overs indicating poor budgetary planning, and the carry-overs as a budgetary tool which support multiannual programmes as well as procurement planning;

2018/03/02
Committee: CONT

2017/2179(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 16

16. Notes that, according to the Court’s summary, public procurement remains an error-prone area; ~~notes that~~expresses its dissatisfaction with EASO, the European Monitoring Centre for Drugs and Drugs Addiction (EMCDDA), the European Agency for the operational management of large-scale IT Systems in the area of freedom, security and justice (eu-LISA), the European Medicines Agency (EMA) and the Body of European Regulators for Electronic Communications (BEREC), which did not fully comply with the public procurement principles and rules laid down in the Financial Regulation; calls on the Agencies to pay particular attention to the Court’s comments on public procurement;

2018/03/02
Committee: CONT

2017/2179(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 17

17. Notes ~~with satisfaction~~ that the majority of the Agencies (27 out of 31) have a business continuity plan in place; considers that all agencies should have such a plan in place; calls on the Network to report to the discharge authority on the evolution of that situation;

2018/03/02
Committee: CONT

2017/2179(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 29

29. Expresses its concern that only 22 Agencies (71 %) have adopted internal rules and guidelines on whistleblowing and reporting irregularities in accordance with the provisions of the Staff Regulations; notes that the remaining nine agencies foresee adoption of the relevant rules and guidelines; calls on the Network to report immediately to the discharge authority on the adoption and implementation of these measures per individual Agency;

2018/03/02
Committee: CONT

2017/2179(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 34

34. Notes that the agencies ashould promote more actively ~~promoting~~ their work through various channels, in particular by regularly updating their websites to provide information and promote the work they have delivered; notes in addition that social media is increasingly becoming a standard communication tool for the agencies; observes that open days, targeted campaigns and videos explaining the core work of agencies are some of the activities used in educating citizens and providing them with opportunities to learn more about the work of the agencies and the Union institutions; acknowledges that the general or specialised media relations activities are regularly measured through different indicators, as well as that each Agency has its communication plan with specific activities tailored for its needs;

2018/03/02
Committee: CONT

2017/2178(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. Grants the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency’s budget for the financial year 2016 / Postpones its decision on granting the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2178(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 18

18. Notes that all members of the management board are obliged to issue an annual public statement of interest in writing, which is published on the Agency’s website; notes that the CV of the executive director and the chairperson of the management board are also published and kept up to date; notes that the Agency is preparing new rules on the prevention and management of conflicts of interest; ~~call~~regrets that the members onf the ~~Agency to report to the discharge authority on their adoption and implementation~~Management Board and of the Advisory Group have published declarations of 'absence of conflict of interest' and not declarations of interest, while it is not for the members to declare themselves out of conflict of interest, but to ensure independent verification of the declarations of interest, by third parties; calls on the members of the Management Board and of the Advisory Group to publish declarations of interest listing their membership in any other organisation; calls on the Agency to report to the discharge authority on this matter by the end of July 2018;

2018/03/02
Committee: CONT

2017/2177(DEC)

Motion for a resolution
Recital b – paragraph 1

recalls that in February 2016 the Office directly awarded a FWC for interim services to support it in its response to the migration crisis for a period of 12 months amounting to EUR 3 600 000; ~~recalls~~deplores the fact that the FWC was awarded to a single preselected economic operator without applying any of the procurement procedures laid down in the Financial Regulation; considers that the award was therefore not in compliance with the relevant Union rules and that the associated 2016 payments, amounting to EUR 592 273, are irregular;

2018/03/02
Committee: CONT

2017/2176(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the interim director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute’s budget for the financial year 2016 /~~ Postpones its decision on granting the interim director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2175(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. Grants the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Body’s budget for the financial year 2016 / Postpones its decision on granting the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Body’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2174(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2173(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2172(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Insurance and Occupational Pensions Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Insurance and Occupational Pensions Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2171(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2170(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2169(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Union Agency for Law Enforcement Cooperation discharge in respect of the implementation of the Europol’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Union Agency for Law Enforcement Cooperation discharge in respect of the implementation of the Europol’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2168(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2167(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2166(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2165(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2164(DEC)

Notis MARIAS, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the executive director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the executive director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2163(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Union Agency for Law Enforcement Training discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Union Agency for Law Enforcement Training discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2162(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Union Agency for Railways discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Union Agency for Railways discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2161(DEC)

Ryszard CZARNECKI, Richard SULÍK, Beata GOSIEWSKA, Notis MARIAS, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2160(DEC)

Richard SULÍK, Beata GOSIEWSKA, Notis MARIAS, Ryszard CZARNECKI, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2159(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2159(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 16

16. Notes that the Authority in January 2016 adopted the standard operating procedures on “Handling complaints submitted by whistleblowers” and recommends to undertake consistent training on whistle-blowing rules rights and the Authority rules; calls on the Authority to commit itself to strictly protect the identity of whistle-blowers and their intimidation; asks the Authority to provide details on whistle-blower cases in 2016, if any, and how they have been handled;

2018/03/02
Committee: CONT

2017/2158(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2158(DEC)

Ryszard CZARNECKI, Richard SULÍK

Motion for a resolution
Paragraph 21

21. ~~Welcomes the fact~~Notes that the Agency published the declarations of ~~absence of conflicts of~~ interests and the CVs of their respective management board members on its website, taking into account remarks made by the Parliament; urges the Agency to verify if there is any case of conflict of interest for all in-house and seconded staff who is currently working at the Agency since 2012;

2018/03/02
Committee: CONT

2017/2158(DEC)

Motion for a resolution
Paragraph 31

31. Highlights that, according to ~~the Court’s~~ECA report, 70 % of the Agency’s 2016 budget was financed by fees from the aviation industry and 30 % from the Union funds; stresses that a future decrease of the Agency’s revenue resulting from the United Kingdom’s decision to leave the Union is possible and might have a considerable impact on the Agency business plan; notes, from the Agency's reply the establishment of a working group to look into this matter, which has already performed a first analysis on the potential risks and impact of Brexit;

2018/03/02
Committee: CONT

2017/2157(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2156(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2155(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2016 /~~ Postpones its decision on granting the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2154(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2154(DEC)

Ryszard CZARNECKI, Dennis de JONG, Richard SULÍK, Petri SARVAMAA, Patricija ŠULIN, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 19

19. Notes with satisfaction that the CVs and declarations of interests of all Management Board members are published on the Agency's website; notes that no breach of trust procedures were initiated for Management Board members in 2016;

2018/03/02
Committee: CONT

2017/2153(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2152(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2151(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2150(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2149(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK, Raffaele FITTO

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2148(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2016 / Postpones its decision on granting the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2147(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2016 /~~ Postpones its decision on granting the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2146(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Commission discharge in respect of the implementation of the budget of the eighth, ninth, tenth and eleventh European Development Funds for the financial year 2016 /~~ Postpones its decision on granting the Commission discharge in respect of the implementation of the budget of the eighth, ninth, tenth and eleventh European Development Funds for the financial year 2016;

2018/03/06
Committee: CONT

2017/2145(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. Grants the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2016; / Postpones its decision on granting the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2016;

2018/03/06
Committee: CONT

2017/2145(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 23

23. Notes that the 13 Member States that joined the Union since 2004 account for 19,6% of overall AD EEAS staff, approaching their share of Union population (20,6%); draws attention nevertheless to the fact that they only account for 13,28% of managerial positions and emphasises that, while respecting a merit-based recruitment policy, the percentage of nationals from the these Member States in managerial positions within the EEAS should be further increased to reflect within the EEAS their share of the Union population; deplores the fact that Member States in question are especially underrepresented at the higher level of administration and remarks that a progress in this matter is of high priority;

2018/03/06
Committee: CONT

2017/2145(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 24

24. Asks the EEAS to provide before 30 June 2018 further explanation of the increasing number of seconded national experts reaching 445 in 2016 (85% of them being located in Brussels) compared to 434 in 2015 and 407 in 2014;

2018/03/06
Committee: CONT

2017/2144(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget for the financial year 2016; /~~ Postpones its decision on granting the European Data Protection Supervisor discharge in respect of the implementation of the budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2144(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 5

5. Calls on the Supervisor to provide a detailed list of missions undertaken by its members in 2016, indicating the price, the place and the cost of each mission before 30 June 2018; calls for the missions undertaken in 2017 to be included in its next annual activity report;

2018/03/02
Committee: CONT

2017/2144(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 7

7. Calls on the Supervisor to inform the Committee on Budgetary Control before 30 June 2018 of the amounts paid in 2016 under Service Level Agreements which have fees depending on consumption;

2018/03/02
Committee: CONT

2017/2143(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the European Ombudsman discharge in respect of the implementation of the budget for the financial year 2016; /~~ Postpones its decision on granting the European Ombudsman discharge in respect of the implementation of the budget for the financial year 2016;

2018/03/02
Committee: CONT

2017/2143(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 14

14. Notes the lack of data from 2016 in different sections of the Ombudsman’s annual activity report for 2016; urges the Ombudsman to provide the follow up to the 2015 discharge before 30 June 2018, in compliance with Article 166 of the Financial Regulation.

2018/03/02
Committee: CONT

2017/2142(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2016; /~~ Postpones its decision on granting the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2016;

2018/03/02
Committee: CONT

2017/2141(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2016 / Postpones its decision on granting the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2016;

2018/03/02
Committee: CONT

2017/2141(DEC)

Motion for a resolution
Paragraph 6

6. Is concerned with the high amount of expenditure related to travel expenses and allowances of the Committee members~~; notes that the final appropriations for travel and subsistence allowances for members were EUR 19 561 194~~ which accounted for 97,01 % (EUR 18 975 764 out of EUR 19 561 194) as well as for the delegates which accounted for 96,40 % (EUR 455 354 out of EUR 472 382 ); calls on the Committee to provide a detailed breakdown of members’ and delegates’ expenditure, particularly those concerning item 1004~~, in its next annual activity report, and asks for the adoption of~~ by the end of June 2018; urges the Committee to immediately adopt appropriate measures in order to make savings and reduce environmental pollution; urges the Committee ~~members~~to reduce travel expenditure for members and delegates and asks for the cost-benefits assessment of those missions for the Union and visited countries; asks the Committee to provide the discharge authority with a list of the visited countries in 2016; asks the Committee to increase the use of video-conference and telepresence facilities, which may contribute to economic savings, such as on travel expenses;

2018/03/02
Committee: CONT

2017/2141(DEC)

Motion for a resolution
Paragraph 12 a (new)

12a. Is concerned that for 9 out of 22 tenders in 2016 the contracts were awarded without competition to the only company that had applied for the tender; asks the Committee to take the necessary measures to ensure a competition among tenders so that the contracts can be attributed on a competitive basis;

2018/03/02
Committee: CONT

2017/2141(DEC)

Ryszard CZARNECKI, Dennis de JONG, Richard SULÍK, Petri SARVAMAA, Patricija ŠULIN, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 16 a (new)

16a. Regrets the fact that the Committee is only now preparing draft guidelines on the prevention of conflicts of interest in the context of social dialogue; notes that the draft guidelines are currently being finalised through a dialogue with the socio-professional organisations; asks the Committee to speed-up the finalisation process, to timely adopt the guidelines on the preventing of the conflict of interest including listing membership to any other organisation and to publish them on the website;

2018/03/02
Committee: CONT

2017/2141(DEC)

Motion for a resolution
Paragraph 17 a (new)

17a. Deplores the fact that neither the President, nor the Vice-Presidents and the Secretariat have published declarations of interest on the Committee’s website and urges the Committee to publish them by the end of June 2018 listing membership to any other organisations; deplores the fact that members declarations of interest are published in various languages and different formats limiting the public access to them; urges the Committee to publish them in an unique format and in one of the three languages of the Union by the end of June 2018;

2018/03/02
Committee: CONT

2017/2141(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 17 c (new)

17c. Regrets the absence of provisions against “revolving doors” and urges the Committee to establish and implement severe rules against such practices;

2018/03/02
Committee: CONT

2017/2140(DEC)

1. ~~Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2016 /~~ Postpones its decision on granting the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2016;

2018/03/02
Committee: CONT

2017/2139(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Registrar of the Court of Justice of the European Union discharge in respect of the implementation of the budget of the Court of Justice of the European Union for the financial year 2016 /~~ Postpones its decision on granting the Registrar of the Court of Justice of the European Union discharge in respect of the implementation of the budget of the Court of Justice of the European Union for the financial year 2016;

2018/03/02
Committee: CONT

2017/2139(DEC)

Ryszard CZARNECKI, Richard SULÍK

Motion for a resolution
Paragraph 3 a (new)

3 a. Is concerned that the commitments for missions in 2016 were EUR 342 000 whereas payments were only EUR 157 974; calls on the Court to ensure sound financial planning in order to avoid a similar discrepancy in the future;

2018/03/02
Committee: CONT

2017/2139(DEC)

Ryszard CZARNECKI, Dennis de JONG, Richard SULÍK, Petri SARVAMAA, Patricija ŠULIN, Tomáš ZDECHOVSKÝ

Motion for a resolution
Paragraph 9 a (new)

9 a. Urges the CJEU to publish curricula vitae and declarations of interest for all CJEU members, listing membership to any other organisations;

2018/03/02
Committee: CONT

2017/2139(DEC)

Ryszard CZARNECKI, Richard SULÍK

Motion for a resolution
Paragraph 9 b (new)

9 b. Regrets the absence of rules on 'revolving doors' and urges the CJEU to establish and implement strict obligations in regard thereto;

2018/03/02
Committee: CONT

2017/2139(DEC)

Motion for a resolution
Paragraph 13 a (new)

13 a. Asks the CJEU to publish the meetings with the professional associations as well as agents representing the Member States;

2018/03/02
Committee: CONT

2017/2139(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 29

29. Welcomes the CJEU’s adoption of guidelines on information for and protection of whistleblowers in the beginning of 2016 and recalls that the protection of whistleblowers is one of the main issues in public administration.; calls on the CJEU to provide its staff with training on the 2016 guidelines, highlighting whistleblowers' vital role in bringing wrongdoing to light; calls on the CJEU to encourage its staff to take advantage of the 2016 guidelines in appropriate cases;

2018/03/02
Committee: CONT

2017/2138(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2016 /~~ Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2016;

2018/03/01
Committee: CONT

2017/2137(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. GPostpones its decision on grantsing its President discharge in respect of the implementation of the budget of the European Parliament for the financial year 2016;

2018/03/02
Committee: CONT

2017/2137(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 14

14. Encourages the Parliament’s Secretariat to continue its additional efforts in assisting the political groups in improving their internal financial management and in providing them with better guidance; calls on the political groups to further improve the application of relevant rules for authorising and settling expenditure~~, as well as to improve and further harmonise how they carry out~~ and procurement procedures;

2018/03/02
Committee: CONT

2017/2137(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 27

27. Recalls that the key performance indicator of DG COMM is the total outreach or exposure attained across the entire range of Parliament’s communication platforms and channels; notes with satisfaction that, with regards to the Parliament’s presence in the media and average coverage per month, there was a 12% increase compared to 2015, and 7% increase compared to the election year 2014; acknowledges in addition significant results for the Parliament’s use of social media, as well as actions related to raising awareness among young people; points out, however, that the Parliament’s communication activities should continue to improve, in particular by increasing outreach on social media; which is currently below the standards expected of a parliamentary institution;

2018/03/02
Committee: CONT

2017/2137(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 29

29. Notes ~~with satisfaction~~ the major technical and editorial improvements of Parliament’s public website, in particular search engine optimisation of the website; notes that the Responsive Web Design project and the live streaming and video- on-demand platform renewal project, which aim to redesign the website to make it adaptive to all kinds of devices, were launched in 2016 and successfully implemented to parts of the website; calls for a continuation of these projects and their implementation on all sections of the Parliament’s website; encourages further improvements because the website is still rather user-unfriendly;

2018/03/02
Committee: CONT

2017/2137(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 31 a (new)

31a. Underlines the need to modernise the mission of the information offices of Parliament by optimising the use of new communication technologies as their task is to better inform citizens;

2018/03/02
Committee: CONT

2017/2137(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 47 a (new)

47a. Encourages the successor travel agency to strive to achieve the most competitive prices for the European Parliament’s work-related travels;

2018/03/02
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants/p~~Postpones the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2016;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 2
Paragraph 1

1. ~~Grants/p~~Postpones the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 3
Paragraph 1

1. ~~Grants/p~~Postpones the Director of the Executive Agency for Small and Medium- sized Enterprises discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 4
Paragraph 1

1. ~~Grants/p~~Postpones the Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 5
Paragraph 1

1. ~~Grants/p~~Postpones the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 6
Paragraph 1

1. ~~Grants/p~~Postpones the Director of the Research Executive Agency discharge in relation to the implementation of the Agency’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 7
Paragraph 1

1. ~~Grants/p~~Postpones the Director of the Innovation and Networks Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 70 a (new)

70a. Reiterates its call for thematic concentration, as expressed in its discharge report on budget year 2015; calls on the Commission to inquire to what extent thematic concentration could contribute to simplification and a decrease of the regulatory burden and control burden;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 277

277. Wishes to receive the supporting documents for these explanations until 30 June 2018;

2018/03/01
Committee: CONT

2017/2136(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 281 b (new)

281b. Reiterates Parliament's view that a 'comprehensive review' of the European Schools system is urgently required to consider "reform covering managerial, financial, organisational and pedagogical issues" and recalls its request that "the Commission submit annually a report giving its assessment of the state of progress" to Parliament;

2018/03/01
Committee: CONT

2017/2073(INI)

Motion for a resolution
Recital D a (new)

Da. whereas several Member States recently implemented or announced the intention to implement protectionist measures reducing the free movement of labour on the Single Market, particularly concerning the regulated professions in the transport sector;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 1

1. Stresses that r~~egulated professions play a fundamental role in the EU economy, representing~~ule of law, contractual freedom and the freedom to conduct a business play a fundamental role in the EU economy; acknowledges that regulated professions cover a significant part of the occupation rate as well as an important share of the added value in the Union; believes, furthermore, that the quality of professional services is of paramount importance for preserving the EU economic, social and cultural model; if the free movement of labour on the Single Market is respected;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses that the major task of the Single Market is the elimination of internal barriers to guarantee the exercise of the four fundamental freedoms of EU citizens; stresses that the Commission as the guardian of the Treaties should enforce the Single Market rules and guide the Member States to comply with the fundamental freedoms including the free movement of the labour;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 3

3. Believes that the Commission communication of 10 January 2017 might help Member States to better regulate professional services; ~~stresses, however, that elements beyond mere economic analysis are needed for a holistic assessment of the performance of the regulatory environment in each Member State~~welcomes the specific recommendations for Member States to reduce the national regulatory burden which is disproportional to protection of the public interest objectives; encourages the Commission to define which distortive national regulations to the Single Market could possibly lead to the infringement procedures;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 3 a (new)

3a. Stresses that the healthcare sector which covers 40% of all the regulated professions in the Single Market also falls within the scope of Directive 2005/36/EC; therefore calls for a Commission initiative providing guidance to the Member States for the healthcare sector similarly to the 10 January 2017 Commission communication on reform needs in seven sectors;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 9

9. Stresses that effective regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public interest objectives, including overriding reasons of general interest, reflecting thus their vision for society and their socio-economic context, and within the limits of proportionality;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 10 a (new)

10a. Welcomes in this respect the Commission proposal on a Proportionality Test which will both oblige and assist Member States to conduct an in-depth assessment before adopting new or amending regulation of professions;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 11

11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage ~~and~~, social and cultural policy objectives; acknowledges the margin of appreciation of Member States in determining the ways to achieve this; encourages the Member States to consider a deregulation of the regulated professions as a market driven incentive to provide higher quality of the services at lower costs for the consumers;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 16

16. Underlines that this indicator, based on numerical data a~~nd including merely an analys~~s a well as on a qualitative analysis of the regulatory requirements, focuses on restrictions on access to and exercise of ~~the barriers to free movement, is to be used as a purely indicative tool and does not~~regulated professions, which by their nature also amount to barriers to free movement; recognizes that this indicator is particularly useful as an indicative tool to establish the relative intensity of regulation in a specific professional sector and country but that it does not intend to determine automatically whether a possibly stricter regulation in some Member States is disproportionate;

2017/09/20
Committee: IMCO

2017/2073(INI)

Motion for a resolution
Paragraph 19 a (new)

19a. Notes that in certain areas market driven mechanisms like consumer feedback can deliver better services at lower prices for the consumers than the regulation of the particular service; points out that technological development makes some regulations obsolete and possibly disproportional;

2017/09/20
Committee: IMCO

2017/2067(INI)

Draft opinion
Paragraph 6 a (new)

6a. Considers the Commission’s objective of preventing a net increase in traffic to be inappropriate; feels that the rebound effect feared by the Commission should be viewed in holistic terms, since even if there is a net increase in traffic volume, there would not necessarily be a concomitant increase in traffic emission volumes, since greater resource efficiency in the economy as a whole could ultimately lead to reduced emissions; recalls that new, cheaper and more reliable modes of transport can bring opportunities that are currently not feasible or even imaginable, and that, due to lower transaction costs, it will be possible to carry out production in locations where it is more efficient, but where high transaction costs related to the transport of goods or material mean that it is not currently profitable; feels that viewing efforts to prevent the increase in net traffic as an end in itself could result in the exact opposite of the intended outcome and, ultimately, harm the environment;

2017/10/25
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 2

2. Welcomes the fact that the Action Plan aims to tackle a number of important issues and that in some of the areas it sets out specific actions to be taken by the Commission, with a clear timetable; ~~regrets, however, that in some of the identified areas, the proposals on how to solve the identified problems remain rather vague;~~

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 2a (new)

2 a. Appreciates, that before taking any further action in certain areas, the Commission proposes to carry out an in- depth assessment, including the impact of the after-crisis legislation;Stresses out that every new proposal including impact assessments shall be based on proper and accurate data;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 2b (new)

2 b. Agrees with the Commission that a comprehensive legal framework alone is not sufficient and effective enforcement is crucial; notes that implementation and particularly implementation of the post- crisis legislation, which impact might be visible after few years, is an important step for several proposed actions;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 2c (new)

2 c. Notes that the Action Plan should be part of a longer-term vision for financial retail services in order to provide all stakeholders, including consumers and the financial market with transparency and certainty;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 3

3. Underlines that consumers need to be ~~able to choose the best rates and be~~ aware of fees and other associated costs when making transactions or payments abroad, including when using dynamic currency conversion (DCC); asks the Commission to ~~require that the value of a transaction be d~~strictly enforce the current related legispla~~yed both in local currency and in the~~tion in order for consumer’s ~~home currency at the time of the transaction, and~~to identify the most suitable option, to require that rates offered by different financial service providers be displayed in a transparent manner, and ~~calls for a neutral reference rate provided by a non-business actor~~to monitor non transparent practices which should be completely banned in the Union; Providers of DCC should duly inform their clients of the real cost the transaction will entail;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 4

4. Welcomes the review and cutback of national trade barriers but cautions that this should not result in lower consumer protection standards with further consideration for the level playing field to ensure that consumers are not put at risk and that financial stability is maintained, irrespective of the service provider;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 4a (new)

4 a. Notes that in order to facilitate cross-border activities for effective single market it is crucial to identify the existing EU and national obstacles and the remaining barriers that impact consumers and businesses;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 5

5. Reiterates its view that online comparison tools can ~~substan~~partially improve comparability between various financial products and help consumers to make an informed decision~~; asks the Commission~~, should compare only products and services comparable across jurisdictions and should focus not only on the prices of products but also on their quality; asks the Commission to work first with stakeholders to enhance the quality and reliability of financial services comparison websites existing nationally before considering to monitor the rollout and uptake of the stakeholders’' initiative ‘'Key principles for comparison tools’', including voluntary certification schemes~~, and to evaluate the need for compulsory certification~~;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the Commission to maintain a fair competitive environment which encourages innovation, offers regulatory flexibility for its testing, while ensuring a high level of consumer protection and security;

2017/06/30
Committee: IMCO

2017/2066(INI)

Draft opinion
Paragraph 5 b (new)

5 b. Notes that the contractual freedom of the financial institutions to offer their services cross-border must be respected as service providers should retain the ability to decide which customer segments and markets are appropriate as part of their business model;

2017/06/30
Committee: IMCO

2017/2066(INI)

Daniel DALTON, Edward CZESAK, Richard SULÍK, Anneleen VAN BOSSUYT

Draft opinion
Paragraph 6

6. Stresses the potential of e-signature and e-identification for easier transactions; underlines the importance of system security to combat potential identity theft and the need ~~for financial non-discrimin~~to take into consideration of persons unable or unwilling to use e- signature; Promotes interoperability of cross-border e-identification in the financial services sector and ensure a level playing field across Member States (and possibly beyond in EEA countries and Switzerland); Stresses that any initiative taken should be technologically- neutral.

2017/06/30
Committee: IMCO

8. ‘professional user’ means a natural or legal person, including a public sector entity, using or requesting a data ~~storage or other~~ processing service for purposes related to its trade, business, craft, profession or task.

2018/04/09
Committee: IMCO

2017/0228(COD)

Daniel DALTON, Edward CZESAK, Richard SULÍK

Proposal for a regulation
Article 4 – paragraph 1

1. ~~Location of data for storage or other processing within the Union shall not be restricted to the territory of a specific Member State, and storage or other processing in any other Member State~~Data localisation requirements shall ~~not~~ be prohibited ~~or restricted, unless it is~~unless they are justified on grounds of public security, in compliance with the principle of proportionality.

2018/04/09
Committee: IMCO

2017/0228(COD)

Proposal for a regulation
Article 4 – paragraph 2

2. Member States shall immediately notify to the Commission any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement in accordance with the procedures set out ~~in the national law implementing~~Articles 5, and 7 of Directive (EU) 2015/1535.

2018/04/09
Committee: IMCO

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Angel DZHAMBAZKI, Evžen TOŠENOVSKÝ, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a

Member States shall provide for sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.deleted

2018/02/23
Committee: TRAN

2017/0122(COD)

Roberts ZĪLE, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Evžen TOŠENOVSKÝ, Angel DZHAMBAZKI, Richard SULÍK

Proposal for a regulation
Recital 2

(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home or to another location chosen by the driver, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. _________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).

2018/02/27
Committee: TRAN

2017/0122(COD)

Roberts ZĪLE, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Evžen TOŠENOVSKÝ, Angel DZHAMBAZKI, Richard SULÍK

Proposal for a regulation
Recital 6

(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long. Drivers should be able to choose how and where they take their rest periods.

2018/02/27
Committee: TRAN

2017/0122(COD)

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 561/2006
Article 6 – paragraph 3

(2a) in Article 6, paragraph 3 is replaced by the following: “3. The total accumulated driving time during any ~~two~~four consecutive weeks shall not exceed 9180 hours.”

2018/02/02
Committee: EMPL

2017/0122(COD)

Roberts ZĪLE, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Evžen TOŠENOVSKÝ, Angel DZHAMBAZKI, Richard SULÍK

Proposal for a regulation
Recital 7

(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify ~~that requirement~~where the weekly rest may be taken to ensure that drivers are provided with adequate ~~accommodation for their regular weekly rest periods if they are taken away from home~~rest conditions.

2018/02/27
Committee: TRAN

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

For the purposes of point (b) and (ba), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the ~~third~~fourth week following the week in question.

2018/02/02
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 2

Regulation (EU) No 165/2014
Article 37 – paragraph 7 – subparagraph 1

7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished ~~as well as where and when the driver has~~. The driver shall also enter the symbol of the country that the driver enters after crosseding a border ~~in the vehicle on arrival at the suitable stopping place~~of a Member State at the beginning of the driver's first planned stop in that member State. That stop is to be understood as the break or rest planned in accordance with Regulation (EC) Nr 561/2006 or any other stop for the needs of the driver or the transport operation. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..

2018/02/27
Committee: TRAN

2017/0121(COD)

Proposal for a directive
Recital 5

(5) Adequate, effective and consistent enforcement of the working time provisions is crucial for protecting the working conditions of drivers and preventing the distortions of competition resulting from non-compliance. Therefore it is desirable to extend the existing uniform enforcement requirements set out in Directive 2006/22/EC to controlling compliance with the working time provisions set out in Directive 2002/15/EU.deleted

2018/02/23
Committee: TRAN

2017/0121(COD)

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a directive
Recital 8 a (new)

(8a) Rules for the posting of workers applicable to international road transport activities should be balanced, simple, and with a low administrative burden for Member States and transport undertakings. They should not aim to discourage operations outside the country of establishment of an undertaking.

2018/02/23
Committee: TRAN

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)

Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1

(-a) in paragraph 1, the first subparagraph is replaced by the following: “Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Moreover, controls of compliance with provisions of directive 2002/15/EC should be limited to checks at premises of undertakings.”

2018/02/05
Committee: EMPL

2017/0121(COD)

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a directive
Recital 12

(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)deleted

2018/02/23
Committee: TRAN

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. Member States shall not apply Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of directive 96/71/EC], when performing international carriage operations as defined by Regulations (EU) No 1072/2009 and (EU) No 1073/2009 in transit through the Union and shall not apply to drivers performing carriage by road with usage of vehicles indicated in Articles 3 and 13(1) of Regulation 561/2006 provided that Member State in question has granted such exemptions.

2018/02/05
Committee: EMPL

2017/0121(COD)

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1

Member State shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 2510 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.

2018/02/23
Committee: TRAN

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2

Where the requested Member State considers that the request is insufficiently reasoned, it shall inform without delay the requesting Member State ~~accordingly within 10 working days~~. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.

2018/02/23
Committee: TRAN

2017/0121(COD)

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a directive
Article 2 – paragraph 3 – introductory part

3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day may not be less than at least 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting.

2018/02/05
Committee: EMPL

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c

Directive 2006/22/EC
Article 9 – paragraph 4

4. In order to facilitate targeted roadside checks and provided that it is to be technically feasible, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.;

2018/02/23
Committee: TRAN

2017/0121(COD)

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a directive
Article 2 – paragraph 3 – point c

~~(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.~~deleted

2018/02/05
Committee: EMPL

2017/0121(COD)

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

2017/0121(COD)

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)

The entry into force of this Directive shall repeal any provisions regarding the date of application of this Directive deriving from ... [2016/0070(COD)] amending Directive 96/71/EC.

2018/02/23
Committee: TRAN

2017/0121(COD)

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 b (new)

The transport sector is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until the entry into force of enforcement requirements laying down specific rules with respect to transport of this Directive.

2018/02/23
Committee: TRAN

2017/0087(COD)

Jasenko SELIMOVIC, Dita CHARANZOVÁ, Richard SULÍK, Morten LØKKEGAARD

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article~~s 43(2), 91, 100, 114, 192, 194(2) and~~ 337 thereof,

2018/03/28
Committee: IMCO

2017/0087(COD)

Richard SULÍK, Jasenko SELIMOVIC, Edward CZESAK, Daniel DALTON

Proposal for a regulation
Recital 2

(2) Article 337 TFEU provides for the Commission's power, within the limits and under the conditions, which the Council may lay down acting by a simple majority, to collect any information required for the performance of its tasks. However, in Case C-490/10 European Parliament v Council, the Court has clarified that where the collection of information contributes directly to the achievement of the objectives of a given European Union policy, the act laying down the conditions for such collection must be based on the legal basis which relates to that policy. This Regulation provides ~~not only~~ for a framework in which the Commission can collect information from undertakings and associations of undertakings, but also for measures to enforce the requests for information. Therefore, while taking fully into account the fact that the Commission derives its power to collect information directly from the Treaty, this Regulation should be based, in addition to Article 337 TFEU, on the provisions of Articles 43(2), 91, 100, 192 and 194(2) TFEU and also of Article 114 TFEU, which provides for the adoption of measures necessary for the establishment and functioning of the internal market, including where differences between national rules are such as to obstruct the fundamental freedoms or where it is necessary to prevent the emergence of difficulties in the establishment and functioning of the internal market.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 3 a (new)

(3a) Undertakings and associations of undertakings recognize the importance of the well-functioning internal market, which has been proved by their willingness to cooperate with the Commission. As evidenced by numerous cases, undertakings and associations of undertakings respond to the requests of the Commission to provide also information on a voluntary basis. Nevertheless, it shall be noted, that such tool may prove useful in case when well- targeted and timely information is needed in order to prove the existence of infringement vis-à-vis à Member States.

2018/03/28
Committee: IMCO

2017/0087(COD)

Richard SULÍK, Jasenko SELIMOVIC, Edward CZESAK, Daniel DALTON

Proposal for a regulation
Recital 3 b (new)

(3b) The introduction of the Single Market Information Tool does not aim to gather confidential business-related information from undertakings and association of undertakings for the purpose of creating new policies.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 7

(7) Although the current regulatory framework as regards the Commission’s means to obtain information for addressing difficulties to the establishment and functioning of the internal market rules works efficiently for a great majority of cases, challenges arise in a limited amount of specific situations where detailed, comparable, up-to-date, and often confidential, specific market data are necessary within a limited time frame. Indeed, a sound economic analysis is particularly appropriate for assessing the existence of difficulties to the establishment and functioning of the internal market in complex cases with cross-border dimension, notably when those cases relate to fast-moving markets, new economic activities or new business models challenging existing economic assumptions. However, completing such assessment may turn to be difficult in the absence of sufficient and comparable information. This renders the task of the Commission to ensure the application of Union law more difficult in those specific situations.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 8

(8) Where detailed, comparable, up- to-date, and often confidential market information could only be obtained from market players in a timely manner, it appears therefore appropriate, as a last resort, to empower the Commission, within the limits and under the conditions laid down in this Regulation, to request undertakings and associations of undertakings to directly provide it, in a timely manner, with comprehensive, accurate and reliable quantitative and qualitative market information where other sources of information have proven unavailable, insufficient or inadequate. To this effectBefore requesting information, the Commission should first adopt a decision stating why other means to obtain the necessary information have proven ineffective. It is understood that the notion of undertaking has the same meaning as in other areas of EU law, in particular competition law.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 10

(10) Such empowerment does not aim at creating new enforcement powers for the Commission such as, in particular, the powers to pursue infringements of Union law in the internal market area against individual market participants. Its purpose is rather to provide the Commission with additional fact-finding ability where this is strictly required for performing the ~~task entrusted to the Commission by the TFEU to ensure the application of Union law in relation to~~Commission’s responsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement with the aim of establishing and ensuring the functioning of the internal market in the framework of infringement procedures against Member States. In the interest of the establishment of a fully functioning internal market, it is appropriate to clarify that such empowerment covers also those economic sectors within the internal market for which TFEU has foreseen common policies: agriculture and fisheries (excluding the conservation of marine biological resources), transport, environment and energy.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 11

(11) ~~For this investigative tool to be effective, the~~In order to minimise costs of replying to requests for information, sought should relate to the application of relevant Union law. This may consist, for example, of factual market data, including cost structure, pricing policy, products or services characteristics or geographical distribution of customers and suppliers. It may also consist ofuch requests should only cover information that is likely to be at the disposal of the undertakings’ or associations of undertakings’ fact-based analysis of the functioning of the internal market, such as in relation to perceived regulatory and entry barriers or to costs of cross-border operations. In order to minimise costs of replying to requests for information, such requests should only cover information that is likely to be concerned (its ‘raw data’). The Commission cannot request information that needs to be aggregated according to specific criteria, spans a long period of time or goes significantly back in time, ats th~~e disposal of the undertaking or association of undertakings concerned~~is may prove unduly burdensome.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 11 a (new)

(11a) The Commission should only be allowed to request undertakings and associations of undertakings to deliver pre-existing documents and the answers to purely factual questions.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 11 b (new)

(11b) As enshrined in Article 6 of the European Convention on Human Rights and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union and confirmed by the Court of Justice of the European Union, undertakings and association of undertakings have right for the protection against self-incrimination. Therefore, the right not to give evidence against oneself or the right of silence shall be granted to all undertakings and the associations of undertakings without exception, regardless the area of the internal market and the nature of information requested by the Commission.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 12

(12) When issuing requests for information to undertakings and associations of undertakings, the Commission is required to undertake a careful selection of addressees of the requests, so that requests are only addressed to undertakings and associations of undertakings that are capable of providing sufficiently relevant information, notably larger undertakings in the relevant Member States. These requests for information are aimed at solving a presumed, i.e. based on the available information, serious problem with the application of Union law in the areas of the internal market, agriculture and fisheries (excluding the conservation of marine biological resoupporting the Commission´s actual findings in infringement procedurces), transport, environment and energy. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. Accordingly, sanctions provided for in the instrument are designed to address exclusively two instances. They only cover an intentional or through gross negligence lack of a response to a request for information and an intentionally or through gross negligence incorrect, incomplete, or misleading reply. The collected information, if relevant, could also be used to provide insight into situations where undertakings find it difficult to comply with the legislation, with a view to improving the proper application of the internal market rules. With a view to avoid disproportionate administrative burden for micro- undertakings, which are anyway unlikely to be in a position to provide sufficiently relevant information, the Commission should be precluded from issuing requ against Member States in pending cases before the Court of Justice of the European Union. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. With a view to avoid disproportionate administrative burden for micro, small and medium-sized undertakings unlests for information to this category of undertakings. When issuing requests for information to small and medium-sized undertakings, the Commission should take due account of the principle of proportionality. While SMEs are unlikely to operate at a larger scale enabling them to significantly affect market outcomes, the information gathered from SMEs could prove valuable in informing the Commission on difficulties in establishment and functioning of the internal market. Information readily available to SMEs might be of anecdotal nature but it could still alert the Commission about single market difficulties SMEs might suffer from. SMEs would normally not and should not incur any significant additional costs of data gathering in response to this tool. Given their relatively weaker bargaining position in value chains, SMEs might be more forthcoming with information when granted a procedure duly respecting confidentiality and anonymity. Resolving a difficulty in the single market establishment and functioning could in particular benefit SMEs as it is often the small innovative firms which face the greatest barriers when trying to start up and scale up across the single market. For reasons of consistency and legal certainty, the definitions of ‘micro-undertaking’, ‘small undertaking’ and ‘medium-sized undertaking’ of Directive 2013/34/EU of the European Parliament and of the Council29they are part of a group of undertakings which qualifies at least as a large group under Article 3(7) of Directive 2013/34/EU of the European Parliament and of the Council29, and which are anyway unlikely to be in a position to provide sufficiently relevant information, the Commission should be precluded from issuing requests for information to these categories of undertakings. For reasons of consistency and legal certainty, the definitions of ‘micro-undertaking’, ‘small undertaking’ and ‘medium-sized undertaking’ of Directive 2013/34/EU should apply. __________________ 29 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p.19).

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 14

(14) The investigative tool provided for in this Regulation is particularly useful for ensuring the application of Union law in the area of the internal market by the Commission. It is also useful, for any subsequent enforcement action by the Member States concerned that would require the use of the relevant information collected using this power and disclosed by the Commission to the Member States concerned. Moreover, where difficulties in the application of existing rules are experienced, including situations where undertakings are not able to comply with the legislation due to lack of legal clarity, this investigative tool could also be useful after the use of other tools and sources of relevant information have proven inadequate, for contributing to the conception or design of regulatory solutions. It is also appropriate not to allow the use of such information for other purposes, in particular the application of the competition rules of the TFEU, without prejudice to the reuse of information made public.deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 15

(15) The Commission should be able to enforce compliance with the requests for information it addresses to any undertaking or association of undertakings, as appropriate, by means of proportionate fines and periodic penalty payments imposed by way of decision. In setting the amounts of fines and periodic penalty payments, the Commission should take due account of the principle of proportionality (including the aspects of appropriateness), in particular as regards small and medium-sized undertakings. The rights of the parties requested to provide information should be safeguarded by giving them the opportunity to make known their views before any decision imposing fines or periodic penalty payments is taken.deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 16

(16) Taking due account of the principle of proportionality (including the aspects of appropriateness), the Commission should be able to reduce the periodic penalty payments or waive them entirely, when addressees of requests provide the information requested, albeit after the expiry of the deadline. For reasons of legal certainty, it is also appropriate to provide for limitation periods for the imposition and enforcement of fines and periodic penalty payments.deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 17

(17) The Court of Justice should, in accordance with Article 261 TFEU, have unlimited jurisdiction in respect of decisions by which the Commission imposes fines or periodic penalty payments under this Regulation, which means that it may cancel, reduce or increase the fine or periodic penalty payment imposed by the Commission.deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Jasenko SELIMOVIC, Richard SULÍK, Edward CZESAK, Daniel DALTON

Proposal for a regulation
Recital 19

(19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertaking submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose confidential information provided by such respondents to the Member State concerned by the request unless it has previously obtained their agreement to disclose that information to that effect. The respondent concerned should be required to provide the Commission with a separate non-confidential version of the information that could be disclosed to the relevant Member State. In cases where information marked as confidential does not seem to be covered by obligations of professional secrecy, it is appropriate to have a mechanism in place according to which the Commission can decide the extent to which such information can be disclosed. Any such decision to reject a claim that a piece of information is confidential should indicate a period at the end of which it may be disclosed, so that the respondent can make use of any judicial protection available to it, including any interim measure. The rights of the respondent should be safeguarded by giving it the opportunity to make known its views before any decision to reject the confidentiality claim is takenEven if the Commission considers that a confidentiality claim is ill- founded, it should not decide that the relevant information is to be disclosed.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 21

(21) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to respect for private and family life, the right to protection of personal data, the right to good administration, in in particular the access to files, while respecting business secrecy, the right to an effective remedy and to a fair trial, the right of defence and the principles of legality ~~and proportionality of penalties~~.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 22

(22) Where the measures provided for in this Regulation entail the processing of personal data, they should be carried out in accordance with Union law on the protection of personal data, in particular Directive 95/46/EC30 . With regard to the processing of persona data by the Commission and within the framework of this Regulation, it shall comply with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council31 . __________________ 30Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, (OJ L 281, 23.11.1995). 31Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, (OJ L 8, 12.1.2001, p. 1).

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Recital 23

(23) Since the objectives of this Regulation, namely facilitating the exercise of Commission’'s ~~access to market information necessary for carrying ou~~responsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement witsh t~~asks in order to achieve a smoo~~he aim of establishing and ensuring th-e functioning of the internal market in the framework of infringement procedures against Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 2 – paragraph 1 – introductory part

This Regulation shall apply into the internal market as referred to in Article 26(2) of the TFEU as well as the internal market- related aspects of the following ~~area~~sectors:

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1

~~(1) the internal market, as referred to in Article 26(2) of the Treaty;~~deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2

(2) agriculture and fisheries, ~~other than~~excluding the conservation of marine biological resources;

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 4 – paragraph 1

~~Where a serious difficulty with the application of Union law risks undermining the attainment of an important Union policy objective~~In order to facilitate the exercise of the Commission's responsibility to submit to the Court of Justice all the relevant factual information to prove the existence of an infringement with the aim of establishing and ensuring the functioning of the internal market in the framework of infringement procedures against Member States, the Commission may request information from undertakings or associations of undertakings, as provided for in Chapter II~~, for the purpose of addressing the above- mentioned difficulty~~.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point d

(d) a ~~reasoned explanation~~list of ~~why~~the other means t~~o obtain such information~~hat have previously been consulted to obtain such information as well as a reasoned explanation of why those means have proven insufficient or inadequate or cannot be obtained in a timely manner to date;

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1

The undertakings or association of undertakings concerned by the request as referred to in Article 4 ~~are oblig~~shall only be required to provide ~~only~~ information that is at their disposal.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2

~~The Commission shall take due account of the principle of proportionality, in particular with regard to small and medium-sized undertakings.~~deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Jasenko SELIMOVIC, Richard SULÍK, Edward CZESAK, Daniel DALTON

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1

In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may, by simple request or by decision, requ~~ire~~est undertakings and associations of undertakings to provide information on a voluntary basis.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3

The Commission shall not issue requests for information in accordance with this Regulation to micro-undertakings, small undertakings and medium-size undertakings unless they are part of a group of undertakings which qualifies at least as ~~small group as defined in~~a large group under Article ~~6(5~~3(7) of Directive 2013/34/EU.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 2

2. The simple request referred to in paragraph 1 shall state the legal basis and its purpose, specify what information is required and prescribe a proportionate time limit within which the information ~~is to~~may be provided. ~~It shall also refer to the fines provided for in Article 9(1) for supplying incorrect or misleading information.~~

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1

The decision referred to in paragraph 1 shall state the legal basis, the purpose of the request, specify what information is required and prescribe a proportionate time limit within which the information ~~is to be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriate~~may be provided.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1

The decision referred to in paragraph 1 shall state the legal basis, the purpose of the request, specify what information is required and prescribe a proportionate time limit within which the information ~~is to~~may be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriate.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 7 – paragraph 1

1. The undertakings or associations of undertakings, which have voluntarily accepted to provid~~ing~~e information following a Commission’s request for information based on Article 5, shall submit their answers to the Commission in a clear, complete and accurate manner.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1

The Commission shall ~~verify whether~~not be entitled to object the confidentiality claim of the information transmitted made by the respondent undertakings or associations of undertakings under subparagraph 2 of paragraph 2 ~~is well-founded and proportionate~~.

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2

After giving the undertaking or association of undertakings concerned the opportunity of making known its views, the Commission may take a decision finding that the information claimed to be confidential is not protected, and setting a date after which the information is to be disclosed. That period shall not be less than 1 month.deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3

~~That decision shall be notified to the undertaking or association of undertakings concerned without delay.~~deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 9

1. where deemed necessary and proportionate, impose on undertakings or association of undertakings fines not exceeding 1 % of their total turnover in the preceding business year where they intentionally or through gross negligence: (a) supply incorrect or misleading information in response to a request made pursuant to Article 6(2); (b) supply incorrect, incomplete or misleading information in response to a decision adopted pursuant to Article 6(3) or do not supply the information within the prescribed time limit. 2. The Commission may, by decision, impose on undertakings or associations of undertakings periodic penalty payments where an undertaking fails to supply complete, accurate and not misleading information within the prescribed deadline as requested by the Commission by a decision adopted pursuant to Article 6(3). The periodic penalty payments shall not exceed 5 % of the average daily turnover of the undertaking or association concerned in the preceding business year for each working day of delay, calculated from the date established in the decision, until it supplies the information requested or required by the Commission. 3. association of undertakings provides no or incomplete information, the Commission shall prior the imposition of a fine or penalty, set a final deadline of two weeks to receive the missing information. 4. account the nature, gravity and duration of the breach of Article 6(1), as well as the principle of proportionality in particular with regard to small and medium-sized undertakings when fixing the amount of the fine or periodic penalty payment. 5. associations of undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may reduce or waive the amount of the periodic penalty payment. 6. accordance with paragraph 1 or 2, the Commission shall give the concerned undertakings or associations of undertakings the opportunity of making known their views.Article 9 deleted Fines and periodic penalty payments The Commission may, by decision, Where the undertaking or The Commission shall take into Where the undertakings or Before adopting any decision in

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 10

Limitation period for the imposition of 1. Commission by Article 9 shall be subject to a limitation period of three years. 2. paragraph 1 shall start on the day on which the infringement referred to in Article 9 is committed. However, in the case of continuing or repeated breaches of Article 6(1), the period shall begin on the day on which the breach ceases. 3. Commission for the purpose of investigating or pursuing a possible breach of Article 6(1) shall interrupt the limitation period for the imposition of fines or periodic penalty payments, with effect from the date on which the action is notified to the undertaking or association of undertakings concerned. 4. limitation period shall start running afresh. However, the limitation period shall expire at the latest on the day on which a period of six years has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which the limitation period is suspended in accordance with paragraph 5. 5. imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.Article 10 deleted fines and periodic penalty payments The powers conferred on the The period provided for in Any action taken by the After each interruption, the The limitation period for the

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 11

Limitation period for the enforcement of fines and periodic penalty payments 1. enforce decisions adopted pursuant to Article 9 shall be subject to a limitation period of five years. 2. paragraph 1 shall startArticle 11 deleted The powers onf the ~~day on which the dec~~Commission taken pursuant to Article 9 becomes final. 3. The limitation period provided for in paragraph 1 shall be interrupted: (a) modifying the original amount of the fine or periodic penalty payment or refusingo The period provided for in by notification of a decision by any application for modification; (b) acting at the request of the Commission, or of the Commission, intended to enforce payment of the fine or periodic penalty payment. 4. limitation period shall start running afresh. 5. in paragraph 1 shall be suction of a Member State, After each interruption, the The limitation period provided for the respeonde~~d for so long as: (a) pay; (b) suspended pursuant to a decision of the Court of Justice of the European Union.~~nt is allowed time to the enforcement of payment is

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 12

The decisions taken pursuant to Article 9(1) and (2) shall be addressed to the undertaking or association of undertakings concerned. The Commission shall notify the decision to the addressee without delay.Article 12 deleted Addressees of decisions

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 13

Review by the Court of Justice The Court of Justice of the European Union shall have unlimited jurisdiction within the meaning of Article 261 TFEU to review fines or periodic penalty payments imposed by the Commission. It may cancel, reduce or increase the fine or periodic penalty payment imposed.Article 13 deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 15 – paragraph 2

~~2. The Commission shall publish in the Official Journal of the European Union the decisions which it takes pursuant to Article 9(1) and (2).~~deleted

2018/03/28
Committee: IMCO

2017/0087(COD)

Proposal for a regulation
Article 17 – paragraph 1

With regard to the processing of personal data within the framework of this Regulation, Member States shall carry out their tasks for the purposes of this Regulation, Regulation (EU) 2016/6791a and in accordance with the national laws~~, regulations or administrative provisions transposing Directive 95/46/EC~~ implementing Regulation (EU) 2016/679. With regard to the processing of personal data by the Commission within the framework of this Regulation, it shall comply with the provisions of Regulation (EC) No 45/2001. __________________ 1aRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

2018/03/28
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 2

(2) The content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication, from personal experiences and emotions to medical conditions, sexual preferences and political views, the disclosure of which could result in personal and social harm, economic loss or embarrassment. Similarly, metadata derived from electronic communications may also reveal very sensitive and personal information. These metadata includes the numbers called, the websites visited, geographical location, the time, date and duration when an individual made a call etc., allowing ~~precise~~ conclusions to be drawn regarding the private lives of the persons involved in the electronic communication~~, such as their social relationships, their habits and activities of everyday life, their interests, tastes etc~~.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 3

(3) Electronic communications data may also reveal information concerning legal entities, such as business secrets or other sensitive information that has economic value. Therefore, the provisions of this Regulation should apply to both natural and legal persons. Furthermore, this Regulation should ensure that provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council21 , also apply to end-users who are legal persons. This includes the definition of consent under Regulation (EU) 2016/679. When reference is made to consent by an end-user, including legal persons, this definition should apply. In addition, legal persons should have the same rights as end-users that are natural persons regarding the supervisory authorities; furthermore, supervisory authorities under this Regulation should also be responsible for monitoring the application of this Regulation regarding legal persons. _________________ 21Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88).deleted

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
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 and do not go beyond or contradict the high level of protection set down in Regulation (EU) 2016/679. 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 providers of electronic communications services should only be permitted in accordance with this Regulation.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 12

(12) Connected devices and machines increasingly communicate with each other by using electronic communications networks (Internet of Things). The transmission of machine-to-machine communications involves the conveyance of signals over a network and, hence, usually constitutes an electronic communications service. In order to ensure full protection of the rights to privacy and confidentiality of communications, and to promote a trusted and secure Internet of Things in the digital single market, it is necessary to clarify that this Regulation should apply to the transmission of machine-to- machine communications. Therefore, the principle of confidentiality enshrined in this Regulation should also apply to the transmission of machine-to-machine communications. Specific safeguards could also be adopted under sectorial legislation, as for instance Directive 2014/53/EU.deleted

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 13

(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as 'hotspots' situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. In contrast, tis Regulation should apply to electronic communications data using publically available electronic communications services and public communications networks. In this context, publicly available means only services intended for consumers. It should not include services intended for business users, nor should the means of the delivery of the service in question, whether obtained over the public internet or not have any bearing on the interpretation of whether the service is publicly available or not. This Regulation should not apply to closed groups of end- users such as corporate networks, access to which is limited to members of the corporation.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 14

(14) Electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted ~~or exchanged~~ (electronic communications content) and the information concerning an end-user of electronic communications services processed for the purposes of transmitting~~, distributing or enabling the exchange~~ of electronic communications content; including data to trace and identify the source and destination of a communication, geographical location and the date, time, duration and the type of communication. Whether such signals and the related data are conveyed by wire, radio, optical or electromagnetic means, including satellite networks, cable networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this Regulation. Electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting~~, distributing or exchanging~~ electronic communications content.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 16

(16) The prohibition of storage of communications during transmission is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. The processing of pseudonymised data, should be incentivized as the act of psedonymisation dramatically reduces any privacy and security risk associated with processing of data related to transmission. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the ~~necessary~~appropriate quality of service requirements, such as latency, jitter etc.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 17

(17) The processing of electronic communications metadata can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, ~~based on end- users consent~~in accordance with Article 6(1) and 6(4) of Regulation (EU) No 2016/679. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to comply with Regulation (EU) No 2016/679 when processing electronic communications metadata, which should include data on the location of the device. As an exception from obtaining end- users' consent, tohe processing of electronic communications metadata~~, which should include data on the location of the device~~ for purposes other than those for which the personal data were initially collected should be allowed in cases where further processing is compatible in accordance with Article 6(4) of Regulation (EU) 2016/679. generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colours to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Therefore, whenever the purpose(s) of further processing cannot be achieved by processing data that is made anonymous, pseudonymisation of data should be allowed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 21

(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is ~~strictly~~ necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. This may also cover situations where end-users use a service across devices for the purpose of service personalisation and content recommendation. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user's settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
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. 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 application. The choices made by end- users when establishing its general privacy settings of a browser or other application 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-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the 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 storedtechnical settings.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 23

(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’)Therefore providers of software enabling publically available electronic communications services and permitting the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers end-users a set of privacy setting options in order that end-users may actively select a preferred option after being given the necessary information to make the choice. Such privacy settings should be presented in a an easily visible and intelligible manner.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 24

(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer, including the compilation of long-term records of individuals' browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowed.deleted

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 30

(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person acting out of their business capacity requires that end-users that are natural persons are ~~asked for cons~~provided, upon request, with transparent beinfor~~e their personal~~mation about the data ~~are~~being included in athe directory and the means to verify, correct, update, supplement and delete data relating to them free of charge. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Recital 31

(31) If end-users that are natural persons ~~give their consent to their data being included in such~~do not object to the inclusion of their data by providers of number-based interpersonal communication services and electronic communication providers in public directories, they should be able to determine ~~on a consent basis~~ which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should inform the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user's contact details can be searched should not necessarily be the same.

2017/07/03
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules regarding the protection of fundamental rights and freedoms of natural ~~and legal~~ persons in the provision and use of electronic communications services, and in particular, the rights to respect for private life and communications and the protection of natural persons with regard to the processing of personal data.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation ensures, in accordance with Regulation (EU) No 2016/679, free movement of electronic communications data and electronic communications services within the Union, which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and ~~legal persons and~~ the protection of natural persons with regard to the processing of personal data.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 1 – paragraph 3

~~3. The provisions of this Regulation particularise and complement Regulation (EU) 2016/679 by laying down specific rules for the purposes mentioned in paragraphs 1 and 2.~~deleted

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 2 – paragraph 1

1. This Regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services ~~and to information related to the terminal equipment of end-users~~.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c

(c) electronic communications services which are ~~not publicly available~~intended for closed groups or are not publicly available pursuant to Article 2 (2) (c) of Regulation (EU) No 2016/679;

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b

(b) ‘electronic communications content’ means the content ~~exchang~~transmitted by means of publically available electronic communications services, such as text, voice, videos, images, and sound;

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 5 – paragraph 1

Electronic communications data shall be confidential. Any interference with electronic communications data during transmission, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance ~~or processing of electronic communications data~~, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)

(b a) processing is allowed pursuant to Articles 6(1) of Regulation (EU) 2016/679.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point b

(b) if ~~all end-users concerned have given their~~the service provider's end-user has consented to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority. Points (2) and (3) of Article 36 of Regulation (EU) 2016/679 shall apply to the consultation of the supervisory authoritypursuant to Regulation (EU) 2016/679.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c

(c) it is necessary for providing an information society service requested by the end-user; particularly to preserve or restore the security of electronic communication services, or to detect technical faults for the duration necessary for that purpose; or

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d

(d) if it is necessary for ~~web~~ audience measuring, provided that such measurement is carried out by, or on behalf of, the provider of the information society service requested by the end-user, including measurement of indicators for the use of information society services in order to calculate a payment due.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)

(d a) it occurs for the purpose of recording, for the undertaking as a whole, anonymous indicators concerning the use of information society services; or

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)

(d b) in order to mark terminal equipment for advertising purposes, on condition that the person responsible has clearly informed the end-user of this at the beginning of the data processing and has provided an opportunity for objection that is easy to exercise.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point d d (new)

(d d) it is necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code].

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2

The collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4 (5) of Regulation (EU) No 2016/679..

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 9 – paragraph 1

1. The definition of and conditions for consent provided for under Articles 4(11) and 7 (1), (2), and 7(3) of Regulation (EU) 2016/679/EU shall apply.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 10 – paragraph 1

1. Software placed on the market permitting electronic interpersonal communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipment.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
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, require the end-user to consent to a setting.~~ . After installation and insofar the privacy settings prevent storing and reading of information on the terminal equipment, the software shall ensure that an information society service requested by the end-user may prompt that end-user for his or her expression of consent in the sense of Art. 8(1) point (b) and that a consent given in this context by an end user is accordingly applied by the software, e. g., via offering an interface or plugin. Such software shall ensure that a consent given by an end user under Article 8 (1) point (b) prevails over the privacy settings chosen at the installation of the software.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 2

2. The providers of a publicly available directory shall inform end-users who are natural persons and acting out of their business capacity whose personal data are in the directory of the available search functions of the directory ~~and obtain end-users’ consent before enabling such~~. Providers of number-based interpersonal communications services and electronic communications service providers shall inform end-users when new search functions are~~lated to their own data~~ made available.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 3

3. The providers ~~of publicly available directories shall provide end-users that are legal persons~~electronic information, communication and telecommunication services shall provide end-users that are legal persons or natural persons acting in their business capacity with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct, update, supplement and delete such data.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 15 – paragraph 4

4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct, update, supplement and delete any data related to them shall be provided free of charge.

2017/07/12
Committee: IMCO

2017/0003(COD)

Proposal for a regulation
Article 16 – paragraph 1

~~1. Natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end-users who are natural persons that have given their consent.~~deleted

2017/07/12
Committee: IMCO

2016/2325(INI)

Draft opinion
Paragraph 1

1. Calls for the Commission, through the structural and investment funds and by other fiscally neutral financial and non- financial means, to give generous and forward-looking support and encouragement not just to space research activities in the field of industrial and applied science but also to fundamental research in this field, because fundamental space research not only has a direct impact on applied technology but also provides the sector with highly- qualified staff, who are the most important innovation factor of all;

2017/05/04
Committee: IMCO

2016/2325(INI)

Jiří POSPÍŠIL, Richard SULÍK

Draft opinion
Paragraph 1 a (new)

1 a. Stresses the benefits of space research and development for both the public and private sectors, and encourages publically funded research results to be available for further application by wider society;

2017/05/04
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Recital B

B. whereas in its resolution of 11 December 2013, Parliament welcomed franchising as a business model which supports new business and small-business ownership, but noted the existence of unfair contract terms in certain cases and called for transparent and fair contract terms; moreover, it drew the attention of the Commission and Member States, in particular, to problems faced by franchisees wishing to sell their business or change their business formula, whilst remaining active in the same sector and requested that the Commission examine the ban on price-fixing mechanisms in franchise systems and the effects of long- term competition clauses, purchase options and the prohibition of multi-franchising, and to reconsider in this respect the current exemption from competition rules for contracting parties having a market share of less than 30 %;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 1

1. Considers that for the completion of the single market in the retail sector, franchising can play an important role~~, provided that effective protection of both franchisors and franchisees against unfair trading practices is offered throughout the EU~~;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 1 a (new)

1 a. Recalls that both franchisor as well as franchisee are two entrepreneurs voluntarily involved in business activity, which is understood to be systematic activity independently carried on for the purpose of making a profit by an entrepreneur in his own name, and at his own responsibility; recalls, further, that the essential idea of franchising is a unified system of co-operation; customers of the franchise system rely upon the unity of the system and of the products and services supplied and sold by the members of the system;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 2

2. Emphasises that ~~franchisees are often the weaker contracting party, as~~ the franchise formula has normally been developed by the franchisor, and that franchisees ten~~d to be financially weaker and less well-informed than the franchisor and therefore heavily dependent on the expertise of the franchisor~~ter into a contractual relationship with the franchisor on a voluntary basis;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 2 a (new)

2 a. Stresses the fact that franchise systems are heavily dependent upon the functioning co-operation of franchisor and franchisees; in many cases, even a single franchisee may damage the whole franchising system beyond repair;

2017/02/08
Committee: IMCO

2016/2244(INI)

Jiří POSPÍŠIL, Andreas SCHWAB, Richard SULÍK

Motion for a resolution
Paragraph 3

3. States that franchisors and franchisees have organised themselves both at national and European level for the representation of their interests, ~~whereas often due to a lack of resources, franchisees often lack such representativ~~and that their membership in those organiszations ~~and are under-represented~~shall remain optional;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 4

4. Calls on the Commission and Member States to ~~promote the creation of associations representing~~encourage dialogue between franchisors, franchisees, and ~~to make sure that their voices are heard,~~decision-makers whenever policies or legislation are prepared that may affect them;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 5

5. Emphasises that there is a ~~persistent lack of~~number of national and international franchise associations that have the necessary information on the functioning of franchising in the retail sector ~~and calls on the Commission to open a contact point f~~; however, this information has not been collected in a coor dinated form~~ati~~ on oan ~~problems encountered by franchisees, whilst guaranteeing the confidentiality of the information thus acquired~~EU-wide scale, and so far, there has been no need to do so;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 6

6. Calls on the Commission to actively examine the functioning of franchising in the retail sector, and, in particular, the existence of unfair contract terms or other unfair trading practices, and to request Eurostat to devote special attention to this model when collecting statistical information on the sector, without any additional administrative or other burdens for entrepreneurs;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 7

7. Takes note of the European Code of Ethics for Franchising, developed by the European Franchise Federation, but also notes that the Code has been unilaterally drawn up by franchisors and has met with fundamental criticism from franchisees pointing, inter alia, to the fact that the code preceding the 2016 revision of the Code was worded more strongly in respect of the commitments of thewhose members are national associations or federations which are, in most cases, open to both franchisors and franchisorees;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 8

8. Expresses its concern with the lack of an independent enforcement mechanism accompanying the European Code of Ethics and recalls that in some Member States this lack of independent enforcement prompted the introduction ofRecalls that in some Member States legislation preventing and addressing unfair trading practices in franchising has been introduced;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 8 a (new)

8 a. Recalls that the Code of Ethics is a set of rules accepted by franchisors in addition to legally-required rules; the Code of Ethics should always remain as added value for anyone willing to abide by these rules;

2017/02/08
Committee: IMCO

2016/2244(INI)

Jiří POSPÍŠIL, Richard SULÍK

Motion for a resolution
Paragraph 9

9. States that franchise agreements should fully respect the principles of ~~balanced~~a contractual business partnership, under which the franchisor and franchisee must be ~~reasonable and fair towards each other~~have within the law and resolve complaints, grievances and disputes primarily through frank, reasonable and direct communication, and in accordance with their written contract;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 10

10. Calls on ~~the Commission to examine complaints it~~Member States to submit complaints or other relevant information they receives through aexisting contact points or otherwise ~~and to draw up a non-exhaustive list of unfair trading practices based on this information~~to the Comission for further examination, which could help to draw up a non-exhaustive informative list for working purposes of unfair trading practices and to update guidelines on best practices;

2017/02/08
Committee: IMCO

2016/2244(INI)

Jiří POSPÍŠIL, Richard SULÍK, Andreas SCHWAB

Motion for a resolution
Paragraph 10

10. Calls on the Commission to examine ~~complaints it receives through a contact point or otherwise~~the situation related to franchising within the EU and to draw up a non-exhaustive list of unfair trading practices based upon ~~this~~ information from franchisees, franchisors and other stakeholders;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 11

11. Points, in particular, to the need for correct and comprehensive pre-contractual information, including information on the franchise formula’s performance, both general and targeted towards the franchisee’s envisaged location, to be available in writing a~~t least 15 working days prior to~~ nd withe s~~igning of the agreement, and the introduction of a five-day cooling- off period after execution~~ufficient notice prior to the signing of the agreement;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 12

12. Emphasises the need for specialised initial training and appropriate guidance by the franchisor for franchisees during the term of the agreement to the extent necessary;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 14

14. Adds, however, that sometimes franchisors require franchisees to purchase products and services that are not related to the franchise formula; such a requirement should not be seen as part of the obligation of franchisees relating to the maintenance and common identity and reputation of the franchise network, but can easily constitute an unfair trading practice;deleted

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 15

15. Emphasises that non-competition clauses should be clearly formulated~~, reasonable and proportionate~~ and should not apply for a longer duration than what is strictly necessary~~, considering, in particular, the potential need for franchisees to change their franchise formula, if their neighbourhood and therefore the demand for products or services changes~~;

2017/02/08
Committee: IMCO

2016/2244(INI)

Motion for a resolution
Paragraph 16

16. Notes with concern the disputes arising about internet sales, as they are vital in the digital market, whereas traditional franchise agreements do not take into account the effect internet sales may have on exclusivity clauses, thus making it possible that in the area for which the franchisee has the right of exclusivity, customers may buy their products from the franchisor, even if they pick up the goods in the franchisee’s shop;deleted

2017/02/08
Committee: IMCO

2016/2244(INI)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 17

17. Requests the Commission to draft guidelines reflecting best practices on the functioning of franchising in the retail sector; invites the Commission in this respect to make an analysis of the existing self-regulatory instruments as well as of legislative practices of Member States in the field of franchising in the retail sector and to submit its findings to Parliament~~, including recommendations for further action, focusing on the need for effective enforcement~~;

2017/02/08
Committee: IMCO

2016/2202(DEC)

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the eighth, ninth, tenth and eleventh European Development Funds for the financial year 2015 /~~ Postpones the closure of the accounts of the eighth, ninth, tenth and eleventh European Development Funds for the financial year 2015;

2017/03/07
Committee: CONT

2016/2202(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Richard SULÍK

Motion for a resolution
Paragraph 76

76. Asks to the Commission to report ~~in due course~~before 30 June 2017 to Parliament on the corrective measures, level of recoveries and improvements in the management of funds by the APF;

2017/03/07
Committee: CONT

2016/2160(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Raffaele FITTO, Richard SULÍK, Beata GOSIEWSKA

Proposal for a decision 1
Paragraph 1

1. Grants the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2015; / Postpones its decision on granting the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2015;

2017/03/07
Committee: CONT

2016/2159(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Richard SULÍK, Beata GOSIEWSKA

Proposal for a decision 1
Paragraph 1

1. ~~Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget of the for the financial year 2015; /~~ Postpones its decision on granting the European Data Protection Supervisor discharge in respect of the implementation of the budget of the for the financial year 2015;

2017/03/07
Committee: CONT

2016/2158(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Richard SULÍK, Beata GOSIEWSKA

Proposal for a decision 1
Paragraph 1

1. ~~Grants the European Ombudsman discharge in respect of the implementation of the budget of the European Ombudsman for the financial year 2015; /~~ Postpones its decision on granting the European Ombudsman discharge in respect of the implementation of the budget of the European Ombudsman for the financial year 2015;

2017/03/07
Committee: CONT

2016/2157(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2015 /~~ Postpones its decision on granting the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2015;

2017/03/07
Committee: CONT

2016/2156(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Richard SULÍK, Beata GOSIEWSKA

Proposal for a decision 1
Paragraph 1

1. Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2015 / Postpones its decision on granting the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2015;

2017/03/07
Committee: CONT

2016/2155(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Richard SULÍK, Beata GOSIEWSKA

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2015 /~~ Postpones its decision on granting the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2015;

2017/03/07
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants its~~Postpones its decision on granting the President discharge in respect of the implementation of the budget of the European Parliament for the financial year 2015;

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 4

4. Points out, however, that the reputational risk in the case of the Parliament’s budgetary and financial management is relatively high, especially against the background of the Members of Parliament (MEPs) being the representatives of the citizens in the Union and hence any irregularities do not only damage the administration’s reputation, but also undermine the credibility of the MEPs as aneven if the error rate is remarkably low, the reputational risk is relatively high, given that such financial and budgetary errors might impact negatively on the standing of the institution;

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 19

19. Takes furthermore note of the specific findings concerning Parliament contained in the annual report of the Court for 2015; notes that ~~the Court found that in one out of the sixteen Parliament transactions examined, related to a political group,~~ the Court found weaknesses in controls of the authoriszation and settlement of expenditure made in 2014 ~~but cleared in 2015, and in the related procurement procedures~~; these involved only one out of 16 Parliament transactions and these weaknesses were cleared in 2015;

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 34

34. Calls in this regard on the bureau to publish on the Parliament’s website the documents submitted to it by the secretary-general, as soon as they become available, unless the nature of the information contained therein makes this impossible, for example, for the protection of personal data;deleted

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 35

35. Believes that MEPs ought to be able to use the Parliament’s website to provide their constituencies with maximum transparency on their activities and therefore calls upon the secretary-general to develop a system in which MEPs can indicate how they want their personal webpages to be organised; refers, in this respect, to the wish of certain MEPs to have their diaries and, in particular, their meetings with interest representatives, included on these webpages, and urges the secretary-general to make this possible without further delays, as already requested in Parliament’s 2014 discharge resolution;

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 36

36. Calls on the bureau to make it possible for MEPs who wish to do so, to have their accounts relating to the general expenditure allowance audited by the Parliament’s administration in a manner that is both efficient and effective ~~(for example, by taking samples or by concentrating on expenditures over a certai~~; asks the bureau to insure that any measure taken financial threshold) and to publish the results on their personal webpages on the Parliament’s website; alternatively, to earmark a percentage of the general expenditure allowance for MEPs to hire an external audit this regard produces no additional costs; recalls about the answer to the 2014 discharge questionnaire that "a comprehensive system of control and direct payment of the general expenditure allowance (GEA) would necessitate the creation of 40 to 75 new posts in the area of financial management, depending on the degree of control required"; recalls about the principle of the independence of the mandate;

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 38

38. ~~Calls on the secretary-general to ensure~~Notes that the accounts of the political groups and of NI are easily accessible on the Parliament’'s website in a format that allows for quick and easy searches;

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Notis MARIAS, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 39

39. ~~Similarly, calls on the secretary- general to ensure on~~Notes that the Parliament’'s website ~~full disclosure of the underlying~~makes available a range of documents regarding the decision on the recognition of the European political parties and European political foundations ~~and the determination of the final funding amount~~;

2017/03/10
Committee: CONT

2016/2152(DEC)

Motion for a resolution
Paragraph 40

40. Welcomes the introduction of a special form for rapporteurs which enables to indicate which interest representatives had influenced their reports (legislative footprint);

2017/03/10
Committee: CONT

2016/2152(DEC)

Motion for a resolution
Paragraph 41

41. Reiterates its call for a report by Parliament’s administration on the use of the Parliament’s premises by interest representatives and other external organisations~~, whilst paying special attention to the MEP-industry fora~~;

2017/03/10
Committee: CONT

2016/2152(DEC)

Motion for a resolution
Paragraph 46

46. Is not convinced of the need to have information offices of the Parliament in all Member States, especially in view of the fact that for effective communication physical presence may not always be necessary and can easily be replaced by effective and responsive internet facilities; is in particular sceptical about having an information office in the cities of Brussels and Strasbourg as in both cities the Parliament itself can be visited and in addition for interested visitors there is or will be a Parlamentarium at their disposalNotes that the Parliament's information offices' task is to better inform citizens; calls therefore for better use of modern ways of communication;

2017/03/10
Committee: CONT

2016/2152(DEC)

Motion for a resolution
Paragraph 101

101. Requests the secretary-general to coordinate an extensive progress report in respect of the necessary improvements of the internal control systems of the political groups, as even if it is first of all the responsibility of the political groups themselves to take the necessary actions, reputational risk of any irregularities in this regard affects Parliament as a whole;deleted

2017/03/10
Committee: CONT

2016/2152(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 112

112. Calls on the bureau to examine for the longer-term whether it is logical to have the responsibility for subsidies for European political parties and foundations attributed to the Parliament, whereas in most Member States subsidies for national political parties and foundations are administered by the ministry of the interior, since conflicts of interest may arise for bureau members representing political groups in Parliament who are affiliated with European political parties and foundations.deleted

2017/03/10
Committee: CONT

2016/2151(DEC)

Proposal for a decision 1
Paragraph 1

1. GPostpones its decision on grantsing the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2015;

2017/03/10
Committee: CONT

2016/2151(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 2
Paragraph 1

1. GPostpones its decision on grantsing the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2015;

2017/03/10
Committee: CONT

2016/2151(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 3
Paragraph 1

1. GPostpones its decision on grantsing the Director of the Executive Agency for Small and Medium- sized Enterprises discharge in respect of the implementation of the Agency’s budget for the financial year 2015;

2017/03/10
Committee: CONT

2016/2151(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 4
Paragraph 1

1. GPostpones its decision on grantsing the Director of the Consumers, Health, Agriculture and Food Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2015;

2017/03/10
Committee: CONT

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

1. ~~Approv~~Postpones the closure of the accounts of the general budget of the European Union for the financial year 2015;

2017/03/10
Committee: CONT

2016/2151(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 15

15. ~~Welcom~~Notes Commissioner Oettinger’s intention to bring the various shadow budgets, in the long run, back under the Union budget; Calls on the Commission to prepare a communication on this issue;

2017/03/10
Committee: CONT

2016/2151(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 206

206. ~~Takes note~~Deplores that the Court did not formulate any error rate regarding this policy area whilst the director general of DG HOME estimates in his 2015 annual activity report a residual multiannual error rate of 2,88% for DG HOME directly managed non-research grants;

2017/03/10
Committee: CONT

2016/2151(DEC)

Ryszard CZARNECKI, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 208

208. Recalls that deficiencies were detected by DG HOME in the management and control systems of the European Refugees Fund, Return Fund, and European fund for integration of third- country nationals and the External Borders Fund for the period 2007-2013 ~~by Czech Republic, Germany, France and Poland~~;

2017/03/10
Committee: CONT

2016/2151(DEC)

Ryszard CZARNECKI, Notis MARIAS, Raffaele FITTO, Beata GOSIEWSKA, Richard SULÍK

Motion for a resolution
Paragraph 210

210. ~~Takes note~~Deplores that the Commission considers that it is “difficult if not impossible to provide an estimated cost paid for migrants/seeker country by country as the management of migratory flows comprises a wide range of activities”107 ; _________________ 107 reply to written question 23 - hearing of Commissioner AVRAMOPOULOS of 29 November 2016

2017/03/10
Committee: CONT

2016/2101(INI)

Draft opinion
Paragraph 1

1. Reiterates the importance of a well- functioning and integrated Single Market to the recovery of the European economy after the financial crisis; supports the inclusion of Country-Specific Recommendations (CSRs) which go beyond narrow fiscal and macroeconomic targets and allow for a more balanced policy mix ~~with the potential to help sustain a socially balanced recovery~~; welcomes this repositioning, as well as the streamlined structure of CSRs;

2016/07/13
Committee: IMCO

2016/2101(INI)

Draft opinion
Paragraph 4

4. Acknowledges the new structure of CSRs in 2016, which allows for more effective targeting on key identified challenges; stresses, however, that progress by Member States on all CSRs should not be overlooked and existing difficulties of implementation should be thoroughly analysed;

2016/07/13
Committee: IMCO

2016/2101(INI)

Draft opinion
Paragraph 10 a (new)

10a. Reminds the Commission that reducing administrative barriers for businesses and Member States and strict compliance with the principle of subsidiarity when proposing new EU laws will necessarily bring about more effective implementation of CSRs;

2016/07/13
Committee: IMCO

2016/2101(INI)

Draft opinion
Paragraph 11

11. Supports the Member States in their endeavours to modernise public services, in particular through e-government, and calls for better cross-border cooperation and interoperability of public administrations to the benefit of all citizens, and at the same time calls on the Commission, where digitalisation of public services is financed from the EU budget, to engage in more effective monitoring of the transparency and appropriate use of the funds, including checks on the related public procurement contracts;

2016/07/13
Committee: IMCO

2016/2101(INI)

Draft opinion
Paragraph 12

12. Notes that several CSRs focus on skills and labour markets; stresses that the right skills are key to ensuring productivity and output growth; calls on the Commission and the Member States to pursue and adopt digital ~~and lifelong learning~~ programmes as a matter of urgency.

2016/07/13
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 1 a (new)

1a. Notes that unlike funding from European structural and investment funds, EFSI-supported project funding provided by the EIB does not fall under State aid rules; stresses that in principle there is no difference between public support whether it is in the form of public subsidies, public loans or public guarantees; suggests that EFSI-supported projects should fall under State aid rules to ensure competitive and well- functioning Single Market;

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 2

2. Emphasises that EU competition law and authorities need to guarantee a level playing field in the digital single market; calls on the Commission to pursue a policy of active, effective and accelerated enforcement of the competition rules, in particular in the online search ~~and~~, mobile internet sector~~, in order~~ and digitalization of public sector (eGovernment), in order to continuously monitor compliance with EU competition rules in regards to EU expenditure, to remove barriers to innovation and to enable EU consumers to seize all the opportunities that a genuine digital single market can offer;

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 2 a (new)

2a. Notes that the Commission runs in-depth investigations of selective tax advantages granted in Luxembourg and Netherlands which are potentially illegal under EU State aid rules; stresses that not the companies but the Member States broke EU State aid rules; suggests that it should be the Member states who should bear the consequences of breaking the State aid rules, as companies only met the conditions negotiated with the governments;

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 3

3. Calls for active monitoring of all possible competition issues related to geo- blocking and other restrictions on online sales; welcomes the ongoing e-commerce sector enquiry, which should be conducted thoroughly and brought to an expeditious close and which may provide useful input for other actions within the digital single market strategy;deleted

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 3 a (new)

3a. Asks the Commission to respect the freedom to contract with products and services sold across borders both offline and online; requests the Commission to introduce measures that encourage but not oblige enterprises to compete beyond national borders;

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 4 a (new)

4a. Stresses that many monopolies and cartels, which limit the development of effective competition and discourages investments and the emergence of new market players, exist as a result of state licencing and regulation of particular sectors; asks the Commission to support Member States to time-effective deregulation and privatisation which is the best way to eliminate existing monopolies and cartels on the Single Market;

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 5 a (new)

5a. Stresses that tax competition is an important element of competiveness in the public sector together with other ones such as for example law enforcement, stability of legislative environment and quality of public services; reminds that reduced tax competition would lead to reduced competiveness in the Single Market; recommends to help improving other elements mentioned above instead.

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 5 b (new)

5b. Underlines that EU law should be equally enforced in all Member States.

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 5 c (new)

5c. Stresses, that EU should avoid tax harmonisation which would harm the competitiveness of the Single Market and would be contrary to the principle of subsidiarity; Acknowledges that competition among tax systems is one of the crucial elements of the competition within the Single Market, strengthens the Single Market and enables to share and compare the best practices among the European tax systems.

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 5 d (new)

5d. Supports competition related recommendations of the European courts of Auditors mentioned in Special Report No 24/2016 titled More efforts needed to raise awareness of and enforce compliance with State aid rules in cohesion policy and recommends the Commission to take them into consideration.

2016/10/18
Committee: IMCO

2016/2100(INI)

Draft opinion
Paragraph 5 e (new)

5e. Expresses deep concerns about findings of the Court of auditors as to number of State aid errors in the European structural and investment funds; asks the Commission to increase its efforts to eliminate further defects not only by granting more EU state aid related exceptions but also by means of running more profound investigations.

2016/10/18
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 1

1. Notes that, having been fully operational for less than a year, the European Fund for Strategic Investments (EFSI) has kicked off successfully, delivering some initial concrete results and acting as a positive instrument to overcome the lack of investment in Europe through coordinated action; stresses, however, that the pace needs to be accelerated and its initial results need to improve significantly in the near future in order for the instrument to achieve its objectives fully;deleted

2016/09/07
Committee: IMCO

2016/2064(INI)

Draft opinion
Paragraph 1

1. ~~Welcomes the investment mobilised by EFSI to date, which amounts to EUR 169.9 billion and accounts for 52 % of the total target investment to be mo~~Regrets Council's decision to extend the lifespan of the EFSI until 2020 as well as the decision to increase it's budget to €500 billi~~sed by 2018~~on;

2017/03/02
Committee: ITRE

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 1 a (new)

1a. Strongly supports the ambition of the Commission to overcome the investment gap and strengthen the incentives in the private sector to invest in and boost the sustainable growth of the European economies; for this reason, however, firmly opposes the activities of the EFSI that undermine these goals and are not a solution but rather part of the problem;1a __________________ 1a As of July 2016, the EFSI approvals ensured 37% of its original goal of €315 billion in the new investments (289 approved transactions in total). Some say the existence of these investments is a success of its own, as they would not have existed without the fund. This statement is a mistake that indicates lack of economic understanding.

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 1 b (new)

1b. Calls for activities that deal with the real causes of the private investment gap which have not yet been addressed - debt crisis, one trillion EUR in bad loans in the banking sector (ECB estimate) which weakens its ability to provide new loans to the economy1b , bureaucratic, regulatory and tax burden; considers that EFSI is not and cannot be a solution to this problem; __________________ 1b The balance sheets of the banks in the Eurozone exhibit €1,000 billion of failed loans (for the reference, the whole budget of the Union is approximately €150 billion). Given that a standard bank is able to use its own capital to cover only a few per cent drop in the value of its assets, the question is who will pay the losses should they need to be addressed. The European Banks are sufficiently large (some are larger than the GDP of the country in which they reside), which in turn may increase taxpayers‘ expenditure should they find themselves in trouble. As the banks realise that they have lent money to dubious projects, they are not willing to offer further loans any more. However, the businesses in the EU are usually given up to 90% of the resources by the commercial banks (for the reference, in the USA, it is only 30%). Due to the fact that banks are reluctant to offer loans, the Commission has come up with the EFSI project, which is to substitute the loans-offering role of the banks. Instead of having the banks recovered by addressing their losses (which would indeed hurt, but if it had been performed at the beginning of the Euro crisis, we could already have growth with a healthy banking sector), the ECB is feeding them with money. Not only that, it has also decreased the interest rates to virtually zero, in order to make them take on more loans. This is, however, not happening (the only argument of the proponents of quantitative easing is that the situation would otherwise be even worse). Furthermore, the EFSI is not properly functioning either. The problem is that we keep trying to solve the consequence instead of addressing the cause of the malfunctioning system of loans.

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 1 c (new)

1c. Reminds that in principle, there are little differences between the EFSI and standard European funds; believes that the main difference is in the extent of support - while standard European funds finance most of the costs of the supported projects, the EFSI provides a loan for the part of the project; thus, EFSI can support more projects for less taxpayers' money but only in the cost of dead-weight loss, shifting of resources and moral hazard;

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 1 d (new)

1d. Acknowledges the dead-weight loss; reminds that EFSI supported financing of Normandy Dairy Production Facility and Polish milk powder factory while there is a general excess capacity in the diary production; reminds also that the same applies for the EFSI support of the wind farms while there are excess capacities for the electricity production in Europe; believes that EFSI must stop financing ordinary projects which deforms standard market competition; 1c __________________ 1cThe EIB declares that the EFSI “remains focused on the specific objective of addressing the market failure in risk- taking, which hinders the investment in Europe. In doing so, the EFSI will also increase the volume of high risk projects supported by the EIB Group.” The EFSI also finances a Slovak PPP project; a construction of approximately 27 km of the D4 motorway around Bratislava, which is to connect to the R7 expressway (outside the scope of EIB financing). Paradoxically, while the contribution to the transport capacity of the D4 remains controversial, the more necessary R7 will not receive an EFSI funding. Moreover, there is no reason to assume this D4 PPP project would not find sufficient funding without a help from the EFSI.

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 2

2. Urges that EFSI ensure greater additionality for its projects in relation to normal EIB activities; underlines the fact that EFSI should support strategic investments related to projects that cannot obtain funding because of market failures, suboptimal investment situations or high levels of risk; recalls, furthermore, that when determining the criteria for use of the EU guarantee, EFSI should consider not only the profitability factor, but also the positive effects in terms of growth, job creation and cohesion;deleted

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 3

3. Stresses that, while the SMEs window of the EFSI represented a good opportunity for start-ups, SMEs and mid- caps, there is a lack of big investment; emphasises, therefore, the need to improve the financing of infrastructure and innovation projects;deleted

2016/09/07
Committee: IMCO

2016/2064(INI)

Draft opinion
Paragraph 3

3. NoReiterates that the main beneficiaries are, per volume: the UK, Spain, France, Germany and Italy (73% of the total mobilised investment), per capita: Finland, Ireland, Spain, Italy and Luxembourg, and, per share of GDP: Estonia, Bulgaria, Spain, Portugal, Italy and GreeceEFSI does not and can not address the causes of the private investment gap; Stresses that EFSI does not create additional economic activity but only shifts the resources from consumer- oriented economic activity to riskier investments supported by bureaucrats from EFSI; Notes that EFSI supports moral hazard by transferring the risk of losses from the non-performing loans from the hands of private investors to all the European taxpayers;

2017/03/02
Committee: ITRE

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 3 a (new)

3a. Urges that moral hazard shall not be overlooked; stresses that even partial loses of the investments supported by EFSI can cause 100% loss of the European taxpayers money due to high level of leverage the EFSI uses; stresses also that taxpayers unwillingly bear the risks of the failed investments;

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 4

4. Calls for better coordination between EFSI and other EU funds, in particular the European Structural and Investment Funds (ESIFs), so as to promote stronger cohesion in Europe and ensure that EFSI has wide geographical coverage; calls, also, for closer cooperation with national promotional banks, local and regional authorities and relevant stakeholders, including further encouragement to establish investment platforms to aggregate sectorial and geographical investment opportunities;deleted

2016/09/07
Committee: IMCO

2016/2064(INI)

Draft opinion
Paragraph 5

5. ~~Note~~Reminds that ~~only 10 projects under the IIW and two under the SMEW, corresponding to nine Member States, benefited from~~the real causes of the private investment gap have not yet bleen~~ded EFSI/ESIF funding; encourages a timely adoption of the Financial Regulation and Omnibus Regul~~ addressed - debt crisis, poor state of the banking sector, bureaucrationc, re~~vision that would allow the simplification of the combined ESIF and EFSI funds in order to avoid competition and overlaps and to ensure complementarity~~gulatory and tax burden; EFSI is not and can not be a solution to this problem;

2017/03/02
Committee: ITRE

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 4 a (new)

4a. Stresses that profitability of projects cannot be counted simply by looking at the cash flows; stresses that, in addition to adjustments for lost income from alternative use of the resources (e.g. what would happen if the resources were never taken from the hands of the taxpayers), the investment risk calculation must be considered as well; believes that, since risk is what seems to be one the main reasons for the lack of private investments in the EU, its inclusion can throw many EFSI projects into red numbers;4a __________________ 4a The profitability of the investments approved by the EFSI should not be compared to the situation where no other investments are made by the private sector. Instead, the profitability of the EFSI should be compared to an alternative scenario in which the public sector eliminates the investment uncertainty it created and which caused the investment gap in the first place: deficit public spending; failure of the regulatory role of the banking system; and bureaucratic, regulatory and tax burden it forced on private investors. These are the key issues that have not yet been addressed.

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 5

5. Underlines the need to increase the transparency of EFSI operations and to improve information about projects and their quality to citizens and potential beneficiaries; points to the need to enhance the European Investment Project Portal (EIPP) and the European Investment Advisory Hub (EIAH) in order to establish a link with the real economy, give visibility to projects and provide high- quality technical assistance to potential promoters;deleted

2016/09/07
Committee: IMCO

2016/2064(INI)

Draft opinion
Paragraph 6

6. Notes that 31 % of the EFSI funding was used for SMEs, 22 % for energy projects, 21 % for RDI and 10 % for the digital sector; regrets, however, the lack of information regarding the additionality of the projects fundedAcknowledge the dead-weight problem. EFSI supported financing of Normandy Dairy Production Facility and Polish milk powder factory while there is a general excess capacity in the diary production. The same applies for the EFSI support of the wind farms while there are excess capacities for the electricity production in Europe. EFSI must stop financing ordinary projects which deforms standard market competition;

2017/03/02
Committee: ITRE

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Daniel DALTON, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 5 a (new)

5a. Acknowledges that the most important effect of EFSI activities is shifting of resources as every euro the EFSI lends for the investments it supports is a euro that was taken from the hands of a private lender; stresses that, if a private entrepreneur makes an investment that EFSI is willing to support, he will not realize an investment that he could otherwise accomplish without the help from EFSI;5a __________________ 5aEvery investment inevitably carries a level of risk and therefore investing is a natural role for the private sector. When people invest their own capital, they carefully consider potential profits and losses of their investments as well as the credibility of the borrower. Risks (and thus both profits and losses) stay in private hands. If the EFSI applies high standards set by professional investors from the private sector, there will be no reason for its existence, as its role will already be fulfilled by the private sector. The very existence of the EFSI is therefore problematic: the EFSI uses public resources to incite investments that are too risky for private lenders to take, while the private sector and taxpayers bear the risks of failing EFSI investments.

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 6

6. Considers that EFSI is instrumental in completing and restructuring the Single Market; underlines, in this light, the importance of strengthening the third pillar of the ‘Investment Plan for Europe’, also in the context of the European Semester process, in order to make the EU regulatory environment more certain, homogeneous and favourable to investments by focusing especially on strategic objectives such as completion of the Single Market and the development of a well-functioning Digital Single Market, and on key actions that support these objectives;deleted

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 6 a (new)

6a. Underlines that the EFSI shifts the capital from the market-driven projects where they would be most effective to the projects driven by the EFSI bureaucrats where they are less effective; underlines that economy as a whole therefore loses;6a __________________ 6aThe EFSI is an entity that does not solve the causes of the investment gap, but rather shifts the risks that private lenders are not willing to take to all European taxpayers. The resources of the Public sector are solely those it has obtained in taxes from the Private sector. Every public euro used for the activities of the EFSI is therefore missed in the private sector, which makes the situation for the future of private investments even worse.

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 6 b (new)

6b. Acknowledges that EFSI enables avoiding fiscal rules; stresses that national contributions to EFSI are considered one-off measures, respectively a "relevant factor" in terms of assessing the deficit; as a result, stresses that several countries struggling with fiscal problems including the ones with public debt exceeding 60% GDP cap rule or 3% GDP deficit rule pledged billions of euros in contributions on EFSI projects;

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 7

7. Welcomes the recent Commission proposal to extend EFSI beyond 2018 and to reinforce it in order to overcome the current investment gap in Europe and continue to mobilise private sector capital, these being crucial steps to ensure sustainable growth, competitiveness, quality job creation and social and territorial cohesion in Europe.deleted

2016/09/07
Committee: IMCO

2016/2064(INI)

Richard SULÍK, Bernd KÖLMEL, Jan ZAHRADIL, Hans-Olaf HENKEL, Bernd LUCKE, Joachim STARBATTY

Draft opinion
Paragraph 7 a (new)

7a. Recommends to reject the Commission proposal to extend the EFSI beyond 2018 and to stop providing any further loans from the EFSI.

2016/09/07
Committee: IMCO

2016/2064(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Kaja KALLAS, Robert ROCHEFORT, Lambert van NISTELROOIJ

Draft opinion
Paragraph 13 a (new)

13a. Recommends to stop providing any further loans from EFSI until its expiration in 2020;

2017/03/02
Committee: ITRE

2016/2056(INI)

Draft opinion
Paragraph 1 a (new)

1a. Agrees with the Commission that the lack of cross-border financial services is a major concern and may harm the interests of consumers and businesses, as well as undermine the functioning of the single market; supports all efforts to find new ways to re-launch the single market for retail financial services in practice;

2016/06/02
Committee: IMCO

2016/2056(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Kaja KALLAS, Lambert van NISTELROOIJ

Draft opinion
Paragraph 1 a (new)

1a. Reminds that after the crisis, the financial sector had to adapt enormously to new EU regulations;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 1 b (new)

1b. Stresses, as outlined in the Green paper, that barriers preventing financial products from being sold across borders and the lack of cross-border sales are not primarily found in European law but either in barriers caused by national legislations or by the voluntary choice of financial institutions to segment the single market into national markets; asks the Commission to undertaken further analysis to understand this market segmentation and price discrimination and to recommend in a white paper, while respecting the freedom to contract, measures that could be introduced to encourage financial institutions to compete beyond national borders and to challenge current national pricing structures;

2016/06/02
Committee: IMCO

2016/2056(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Robert ROCHEFORT

Draft opinion
Paragraph 1 b (new)

1b. Encourages the Commission that before taking further legislative action it is essential to assess, in time sufficient after the proper implementation or transposition of the latest legislation, the impact of all legislation related to the financial sector;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 1 c (new)

1c. Underlines the continued lack of cross-border sales of individual third party liability vehicle insurance is especially concerning; notes this lack of competition has led to some EU citizens paying rates that are hundreds of times higher than others for the same vehicle model; while understanding that risk and costs are factors in prices, notes that these factors are not sufficient to explain such price fragmentation across Europe; asks the Commission to adopt an sector specific action plan on the European market for individual motor vehicle insurances, including recommendations as to EU wide rules on guarantee funds, guidelines on the use of 'bonus-malus' data when a EU citizen moves to another Member State and other possible actions needed to create a true single market for vehicle insurance;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 1 c (new)

1c. Notes that in order to facilitate cross-border activities for effective single market it is crucial to conduct an in-depth assessment which would identify the existing EU and national obstacles and the remaining barriers, which impact consumers and businesses and cannot be solved by the industry itself;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 1 d (new)

1d. Recognises that improving digital capacity can bring the financial services industry to higher level of performance, can offer new opportunities for both consumers and the industry in terms of competition and service and lead to paperless procedures;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 1 e (new)

1e. Calls on the Commission to research whether European Union´s regulations are adapted to current and future digital reality (e.g. capital requirement regulation on article 36 and 37 for investment in software and capital requirements directive IV on article 92 and 94 regarding remuneration policies to attract and retain talents, a clear framework for the private sector to use nationally recognised and accepted e- identification (e.g. video identification) systems across the Union, regulations leading to an overload of papers for consumers such as the PRIIPs regulation or the Insurance Distribution Directive);

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 2

2. Calls on the Commission to ensure that digitalisation brings better market access for all businesses on an equal footing, especially for SMEs and fintechs, ~~and greater consumer choice, bringing down price differences~~fair competition with the aim to create a wider choice for consumers and help reducing prices and improving quality of financial services within the EU;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 2 a (new)

2a. Calls for a fair competitive environment which encourages innovation, offers regulatory flexibility for its testing (such as regulatory sandboxes), while ensuring a high level of consumer protection and security;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 4

4. Is concerned that consumer trust in financial services remains low, and calls on the Commission to ~~bring forward measures to improve consumer financial literacy, to increase the transparency of these products, and to remove consumer barriers to switching~~assess whether existing rules on the transparency of retail financial products are efficient and sufficiently implemented and to increase financial education of customers, taking into account that for the consumer it is not important only to access an information but also to understand it;

2016/06/02
Committee: IMCO

2016/2056(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Robert ROCHEFORT, Lambert van NISTELROOIJ

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Commission to ensure that the post-crisis legislations aiming at increasing the transparency of financial products and services are properly implemented in the Member States and to ensure that required comparison tools are accurate, comparing only products and services comparable across jurisdictions;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Member States to fully transpose and implement the MCD, PAD, IDD MiFID II directives as soon as possible, especially in relations to their consumer information requirements and protection measures;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 4 b (new)

4b. Stresses that any new Commission proposal shall be based on proper and accurate data;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 5

5. Considers that unjustified discrimination based on residence and price differences for common retail financial products between Member States requires urgent action; suggests that comparison tools play a role in bringing down price differences;deleted

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 6

6. Stresses that portability of products is essential for a real single market in retail financial services; calls on the Commission, therefore, to submit measures to ensure cross-border portability, harmonising the rights and obligations of businesses and consumers in the sector across the EU;deleted

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 7 a (new)

7a. Notes that the contractual freedom of the financial institutions to offer their services cross-border must be respected, as service providers should retain the ability to decide which customer segments and markets are appropriate as part of their business model;

2016/06/02
Committee: IMCO

2016/2056(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Kaja KALLAS, Robert ROCHEFORT, Lambert van NISTELROOIJ

Draft opinion
Paragraph 8

8. Emphasises the importance of availability of alternative dispute resolution (ADR) and online dispute resolution (ODR), ~~especially cross-border, as efficient redress is key to~~to the benefit of the single market and consumer trust;

2016/06/02
Committee: IMCO

2016/2056(INI)

Draft opinion
Paragraph 8 a (new)

8a. Asks the Member States to ensure that digital communications and sales related to retail financial services are available in forms accessible to persons with disabilities, including via websites and downloadable file formats; supports the full inclusion of all retail financial services within the scope of the Directive on the accessibility requirements for products and services (the "European Accessibility Act");

2016/06/02
Committee: IMCO

2016/2056(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Kaja KALLAS, Lambert van NISTELROOIJ

Draft opinion
Paragraph 9 c (new)

9c. Underlines the need to remove all barriers to the provision of financial services across borders includes national requirements to establish a structure or register in the Member State of the consumer; reminds the Member States of the current legislative requirements and case law in this domain and believes that if barriers are not removed that the Commission should take additional measures;

2016/06/02
Committee: IMCO

2016/2056(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Kaja KALLAS

Draft opinion
Paragraph 9 d (new)

9d. Welcomes the increased use of e- signatures and e-identification within the framework of the eIDAS regulation; asks the Member States to work to ensure that e-signatures become the norm for financial service transactions and agreements; calls on the Commission to promote the use of e-IDs as a means of remote identification which meets current safety requirements while not hindering business at a distance;

2016/06/02
Committee: IMCO

2016/2056(INI)

Dita CHARANZOVÁ, Antanas GUOGA, Richard SULÍK, Kaja KALLAS, Robert ROCHEFORT

Draft opinion
Paragraph 9 e (new)

9e. Recalls the work done relating to the credit rating agencies regulation; asks the Commission to review the impact of such legislation in relations to products sold to retail consumers;

2016/06/02
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Recital 7

(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession. As according to Article 59 of Directive 2005/36/EC professional regulation of healthcare services is subject to compliance with the proportionality principle, healthcare services fall within the scope of this Directive.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Recital 17

(17) Where a Member State regulates a profession, account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, up-dates in access requirements may be of particular importance for a number of professions.deleted

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Recital 19

(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives. The fact that one Member State imposes less strict rules than another Member State does not mean that the latter's rules are disproportionate and incompatible with EU law.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 shall be accompanied by a detailed written statement in accordance with Article 5 making it possible to appraise justification on grounds of public interest objectives and in accordance with the criteria defined in article 6 making it possible to appraise compliance with the principle of proportionality.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified~~, necessary~~ and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 4 – paragraph 5

5. Member States shall take the necessary measures to ensure that the assessment ~~of proportionality~~ referred to in ~~paragraph 1~~this Article is carried out in an objective and independent manner ~~including through involvement of independent scrutiny bodies~~.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 5 – paragraph 2

2. ~~The relevant competent authoriti~~Member States shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the ~~necessity and the~~ proportionality of the provisions, ~~the relevant competent authoriti~~Member States shall consider in particular:

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued ~~and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities~~;

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point f

(f) ~~the scope of the professional activities reserved to holders of a particular professional qualification, namely~~ whether and why the activities reserved to certain professions can or cannot be shared with other professions;

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of paragraph 2(k), ~~the relevant competent authoriti~~Member States shall assess in particular the cumulative effect of imposing any of the following requirements:

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) reserved activities, ~~existing alongside~~ protected professional title;

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Commission shall publish a template for proportionality assessment based on several situations which will serve as a guideline to the Member States. The templates shall be published within three months of the Directive’s entry into force.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders ~~other than the members of the profession~~ before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views during a period which may not be less than 2 months prior to adoption of the proposal.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 9 – paragraph 1

1. ~~The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessary and proportionate, and~~Assessments undertaken in accordance with this Directive, which are communicated to the Commission pursuant to paragraphs 5 ~~and 6~~ of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 9 – paragraph 1

1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified~~, necessary~~ and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.

2017/09/08
Committee: IMCO

2016/0404(COD)

Proposal for a directive
Article 9 – paragraph 2

2. Member States and other interested parties may submit comments to the Commission or to the Member State which has ~~notifi~~adopted the provisions.

2017/09/08
Committee: IMCO

2016/0404(COD)

Waldemar TOMASZEWSKI, Anders VISTISEN, Tomáš ZDECHOVSKÝ, Patricija ŠULIN, Barbara SPINELLI, Richard SULÍK

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 months following the day of its publication in the Official Journal of the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions.

2017/09/08
Committee: IMCO

2016/0282(COD)

Proposal for a regulation
Recital 105

(105) It is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly. The notion of a ‘conflict of interest’ should be ~~solely~~ used for cases where an entity or person with responsibilities for budget implementation, audit or control or an official or an agent of a Union institution is in such a situation. All persons or entities potentially subject to conflict of interest should be encouraged to publish their declarations of interest, instead of a declaration of absence of conflict of interest. A self-evaluation of conflict of interest is a conflict of interest in itself. Therefore, the evaluation of conflict of interest should be done by an independent third party. In cases where an economic operator attempts to unduly influence a procedure or obtain confidential information, this should be treated as grave professional misconduct. In addition, economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest. For instance, a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified. A record of all cases of conflict of interest and revolving door identified in the Union institutions should be published on a regular basis.

2017/03/21
Committee: LIBE

2016/0282(COD)

Waldemar TOMASZEWSKI, Anders VISTISEN, Tomáš ZDECHOVSKÝ, Patricija ŠULIN, Barbara SPINELLI, Richard SULÍK

Proposal for a regulation
Recital 108

(108) Union public procurement should ensure that Union funds are used in an effective, transparent, and appropriate way. In that regard, electronic procurement should contribute to the better use of Union funds and enhance access to contracts for all economic operators. All Union institutions conducting public procurement should publish clear rules on their websites regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.

2017/03/21
Committee: LIBE

2016/0282(COD)

Waldemar TOMASZEWSKI, Anders VISTISEN, Tomáš ZDECHOVSKÝ, Patricija ŠULIN, Barbara SPINELLI, Richard SULÍK

Proposal for a regulation
Recital 113

(113) A contracting authority should be able to cancel a procurement procedure before the contract is signed, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim compensation. This should be without prejudice to situations where the contracting authority has acted in such a way that it may be held liable for damages in accordance with the general principles of Union law.

2017/03/21
Committee: LIBE

2016/0282(COD)

Waldemar TOMASZEWSKI, Anders VISTISEN, Tomáš ZDECHOVSKÝ, Patricija ŠULIN, Richard SULÍK

Proposal for a regulation
Article 165 – paragraph 1

The contracting authority may, before the contract is signed, cancel the procurement procedure, including on grounds of suspicion of conflict of interest, revolving doors or grave professional misconduct, without the candidates or tenderers being entitled to claim any compensation.

2017/03/21
Committee: LIBE

2016/0282(COD)

Waldemar TOMASZEWSKI, Anders VISTISEN, Tomáš ZDECHOVSKÝ, Patricija ŠULIN, Barbara SPINELLI, Richard SULÍK

Proposal for a regulation
Article 183 – paragraph 2

2. All grants awarded in the course of a financial year shall be published in accordance with paragraphs 1 to 4 of Article 36. In addition, all Union institutions conducting public procurement shall publish on their websites clear rules regarding acquisition, expenditure and monitoring, as well as all contracts awarded, including their value.

2017/03/21
Committee: LIBE

2016/0148(COD)

Proposal for a regulation
Recital 6 a (new)

(6a) This Regulation grants competent authorities the powers they may need in order to comply with the objective of consumer protection cooperation. Member States should remain free to determine the most adequate distribution of powers among national competent authorities. Therefore, this Regulation should be interpreted as meaning that not every competent authority has to have all of the powers listed in this Regulation, provided that every power can be used effectively to address any infringement. Member States may decide, in accordance with the provisions of this Regulation, to assign certain tasks under this Regulation to designated bodies. However, Member States should not be under any obligation to involve designated bodies in the application of this Regulation,

2017/01/16
Committee: IMCO

2016/0148(COD)

Proposal for a regulation
Recital 6 b (new)

(6b) The exercise of powers by the competent authorities in application of this Regulation should be proportionate to, and should adequately reflect, the nature and actual or potential harm of the infringement concerned. Competent authorities should take into account all facts and circumstances of the case and choose the most appropriate measures which are essential to address the infringement. Those measures should be proportionate and effective,

2017/01/16
Committee: IMCO

2016/0148(COD)

Proposal for a regulation
Recital 6 c (new)

(6c) The exercise of powers by the competent authorities in application of this Regulation should be in accordance with other applicable Union and national legislation, in particular with applicable procedural safeguards and principles of fundamental rights. Where, for instance, in accordance with national law prior authorisation to enter premises of natural and legal persons is needed from the judicial authority of the Member State concerned, the power to enter such premises should be used only after such prior authorization has been obtained,

2017/01/16
Committee: IMCO

2016/0148(COD)

Proposal for a regulation
Recital 12

(12) In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, notably where the trader selling goods or services conceals its identity or relocates within the Union or to a third country to avoid enforcement. In cases where there is a risk of serious and irreparable harm to consumers, the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it, including, where necessary, the suspension of a website, domain or a similar digital site, service or account. Furthermore, the competent authorities should have the power to take down or have a third party service provider take down a website, domain or a similar digital site, service or account,

2017/01/16
Committee: IMCO

2016/0148(COD)

Proposal for a regulation
Recital 13

(13) In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements, the rules on penalties which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers’' interests should also be applied to intra-Union infringements and widespread infringements~~. For those same reasons, consumers should b~~, and competent authorities should always take eint~~itled to redress for harm caused by such infringements.~~o account the overall harm resulting from the infringement in all Member States affected,

2017/01/16
Committee: IMCO

2016/0148(COD)

József NAGY, Anna ZÁBORSKÁ, Richard SULÍK, Tomáš ZDECHOVSKÝ, Jana ŽITŇANSKÁ, Artis PABRIKS

Proposal for a regulation
Recital 14

(14) As regards consumer redress, the competent authorities should choose proportionate, just and reasonable measures that would prevent or reduce the risk of recurrence or repetition of infringements, taking into account in particular the anticipated benefits to consumers and the reasonable administrative costs likely to be associated with the implementation of those measures. Where the consumers concerned cannot be identified or where they cannot be identified without disproportionate cost to the trader responsible, the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation,deleted

2017/01/16
Committee: IMCO

Proposal for a regulation
Article 39

Obligations of the Member State of The Member State of allocation shall: (a) confirm to the benefitting Member State the receipt of the allocation communication and indicate the competent authority to which the applicant shall report following his or her transfer; (b) communicate to the benefitting Member State the arrival of the applicant or the fact that he or she did not appear within the set time limit; (c) receive the applicant and carry out the personal interview pursuant to Article 7, where applicable; (d) examine his or her application for international protection as Member State responsible, unless, according to the criteria set out in Articles 10 to 13 and 16 to 18, a different Member State is responsible for examining the application; (e) where, according to the criteria set out in Articles 10 to 13 and 16 to 18 a different Member State is responsible for examining the application, the Member State of allocation shall request that other Member State to take charge of the applicant; (f) where applicable, communicate to the Member State responsible the transfer to that Member State; (g) where applicable, transfer the applicant to the Member State responsible; (h) where applicable, enter in the electronic file referred to in Article 23(2) that it will examine the application for international protection as Member State responsible.Article 39 deleted allocation

2017/05/05
Committee: LIBE

(8 a) When calculating the duration of posting, same postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.

2017/03/27
Committee: IMCO

2016/0070(COD)

Richard SULÍK, Czesław HOC, Stanisław OŻÓG, Kosma ZŁOTOWSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zdzisław KRASNODĘBSKI, Zigmantas BALČYTIS, Urszula KRUPA, Edward CZESAK, Jadwiga WIŚNIEWSKA, Sandra KALNIETE, Tomasz Piotr PORĘBA, Ramona Nicole MĂNESCU, György SCHÖPFLIN

Proposal for a directive
Recital 8 b (new)

(8 b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 14

(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.deleted

2017/03/27
Committee: IMCO

2016/0070(COD)

Proposal for a directive
Recital 8 a (new)

(8a) When calculating the duration of posting, only postings within the same contract concluded by the undertaking referred to in Article 1 (1) should be taken into account.

2017/03/08
Committee: EMPL

2016/0070(COD)

Czesław HOC, Richard SULÍK, Kosma ZŁOTOWSKI, Zdzisław KRASNODĘBSKI, Roberts ZĪLE, Angel DZHAMBAZKI, Zigmantas BALČYTIS, Urszula KRUPA, Edward CZESAK, Jadwiga WIŚNIEWSKA, Sandra KALNIETE, Tomasz Piotr PORĘBA, Ramona Nicole MĂNESCU, Bolesław G. PIECHA, Sławomir KŁOSOWSKI, Beata GOSIEWSKA, Zbigniew KUŹMIUK, Stanisław OŻÓG, Ryszard CZARNECKI

Proposal for a directive
Recital 8 b (new)

(8b) When assessing working place for the purpose of calculating the duration of posting in the context of replacement, the working place should be understood as the very same working place where the worker is posted to the same working position to perform the same tasks.

2017/03/08
Committee: EMPL

2016/0070(COD)

Proposal for a directive
Recital 8 c (new)

(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.

2017/03/08
Committee: EMPL

Proposal for a directive
Article 1 – paragraph 1 – point 1

(1) The following Article 2a is added: ‘Article 2a Posting exceeding twenty-four months 1. When the anticipated or the effective duration of posting exceeds twenty-four months, the Member State to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out. 2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months. ’deleted

2017/03/27
Committee: IMCO

Proposal for a directive
Recital 14

(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remuneration exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.deleted

2017/03/08
Committee: EMPL

2016/0070(COD)

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Elżbieta Katarzyna ŁUKACIJEWSKA, Krzysztof HETMAN, Agnieszka KOZŁOWSKA, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
Article 1 – paragraph 2

(–1) In Article 1, paragraph 2 is amended as follows: "2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage."

2017/03/08
Committee: EMPL

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

Directive 96/71/EC
Article 1 – paragraph 2 a (new)

(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.

2017/03/08
Committee: EMPL

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Krzysztof HETMAN, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 1

2. For the purpose of ~~paragraph 1, in case of replacement of posted workers~~calculating the effective duration of posting of an individual posted worker according to paragraph 1, in case of replacement of that individual posted worker by another worker performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.

2017/03/08
Committee: EMPL

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – pragraph 1 – indent 2 – point c

(c) ~~remuneration, including overtime rates~~minimum rates of pay, including overtime rates, unless the Member State fails to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of minimum rates of pay, their geographic and personal scope and the method of calculation; this point does not apply to supplementary occupational retirement pension schemes;

2017/03/08
Committee: EMPL

2016/0070(COD)

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2

~~For the purpose of this Directive, remuneration me~~The minimum rates of pay as well as bonuses ansd all ~~the elements of remuneration rendered mandatory~~owances are defined by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph, in the Member State to whose territory the worker is posted.

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3

Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of ~~remuner~~minimum rates of pay, their geographic and personal scope and the method of calculation in accordance with point (c).

2017/03/08
Committee: EMPL

2016/0070(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)

If the payment received by the posted worker is at least equal to the minimum rates of pay, it shall be deemed that this posted worker has received the minimum rates of pay provided for in this Directive.

2017/03/08
Committee: EMPL

2016/0070(COD)

Danuta JAZŁOWIECKA, Marek PLURA, Richard SULÍK, Romana TOMC, Michaela ŠOJDROVÁ, Gunnar HÖKMARK, Christofer FJELLNER, Krišjānis KARIŅŠ, Janusz LEWANDOWSKI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a

Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3 a (new)

In case of subcontracting the national contractors shall be obliged to inform their subcontractors in writing about applicable terms and condition of employment including minimum rates of pay, applicable bonuses and allowances.

2017/03/08
Committee: EMPL

Raffaele FITTO, Ryszard CZARNECKI, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 2
Paragraph 2

2. ~~Approv~~Postpones the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2014;

2016/03/04
Committee: CONT

2015/2161(DEC)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a

Directive 91/477/EEC
Article 1 – paragraph 1b

1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breach block ~~and any device designed or adapted to diminish the sound caused by firing a firearm~~ which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.

2016/04/06
Committee: LIBE

2015/0269(COD)

Jussi HALLA-AHO, Richard SULÍK, Tomáš ZDECHOVSKÝ, Anders VISTISEN, Timothy KIRKHOPE, Kristina WINBERG, Bernd KÖLMEL, Branislav ŠKRIPEK, Beatrix von STORCH, Hannu TAKKULA

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 91/477/EEC
Article 1 – paragraph 1e

1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country or importing to a Member State from a third country fully assembled firearms, their parts and ammunition.

2016/04/06
Committee: LIBE

2015/0269(COD)

Jussi HALLA-AHO, Richard SULÍK, Tomáš ZDECHOVSKÝ, Anders VISTISEN, Timothy KIRKHOPE, Kristina WINBERG, Branislav ŠKRIPEK, Beatrix von STORCH, Hannu TAKKULA

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c

Directive 91/477/EEC
Article 1 – paragraph 1h

1h. For the purposes of this Directive, "replica firearms" shall mean objects that have the physical appearance of a firearm, but are manufactured in such a way that they cannot be converted to firing a shot or expelling a bullet or projectile by the action of a combustible propellant.deleted

2016/04/06
Committee: LIBE

2015/0269(COD)

Richard SULÍK, Jussi HALLA-AHO, Tomáš ZDECHOVSKÝ, Bernd KÖLMEL, Ulrike TREBESIUS, Joachim STARBATTY, Anders VISTISEN, Jørn DOHRMANN, Bernd LUCKE, Angel DZHAMBAZKI, Branislav ŠKRIPEK, Petr MACH, Ivan ŠTEFANEC, Eduard KUKAN, Edward CZESAK, Tomasz Piotr PORĘBA, Hans-Olaf HENKEL, Jan ZAHRADIL, Timothy KIRKHOPE

Proposal for a directive
Recital 3 a (new)

(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the commercial modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not apply to reloading of ammunition for personal use or making legal modifications and conversions to a firearm for which a person has an authorization.

2016/04/29
Committee: IMCO

2015/0269(COD)

Jussi HALLA-AHO, Richard SULÍK, Tomáš ZDECHOVSKÝ, Anders VISTISEN, Timothy KIRKHOPE, Kristina WINBERG, Nuno MELO, Bernd KÖLMEL, Branislav ŠKRIPEK, Beatrix von STORCH, Roberta METSOLA, Hannu TAKKULA

Proposal for a directive
Article 1 – paragraph 1 – point 2

2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authorities or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognized as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of ~~weapons and ammunition of war~~products of the defence industry.

2016/04/06
Committee: LIBE

2015/0269(COD)

Jussi HALLA-AHO, Richard SULÍK, Tomáš ZDECHOVSKÝ, Anders VISTISEN, Timothy KIRKHOPE, Kristina WINBERG, Bernd KÖLMEL, Branislav ŠKRIPEK, Beatrix von STORCH, Hannu TAKKULA

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 91/477/EEC
Article 4 – paragraph 1

1. Member States shall ensure that any firearm ~~or par~~and any essential component placed on the market has been marked and registered in compliance with this Directive.

2016/04/06
Committee: LIBE

Richard SULÍK, Jussi HALLA-AHO, Tomáš ZDECHOVSKÝ, Bernd KÖLMEL, Ulrike TREBESIUS, Joachim STARBATTY, Anders VISTISEN, Jørn DOHRMANN, Bernd LUCKE, Angel DZHAMBAZKI, Branislav ŠKRIPEK, Petr MACH, Ivan ŠTEFANEC, Eduard KUKAN, Edward CZESAK, Tomasz Piotr PORĘBA, Hans-Olaf HENKEL, Jan ZAHRADIL, Timothy KIRKHOPE

Proposal for a directive
Recital 4

(4) BCollectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established ~~and~~ shoulding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivat be able to keep and acquire firearms classified in category A subject to authorisation by the Member State concerned.

2016/04/29
Committee: IMCO

2015/0269(COD)

Jussi HALLA-AHO, Richard SULÍK, Tomáš ZDECHOVSKÝ, Anders VISTISEN, Timothy KIRKHOPE, Kristina WINBERG, Bernd KÖLMEL, Branislav ŠKRIPEK, Beatrix von STORCH, Hannu TAKKULA

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 91/477/EEC
Article 5 – paragraph 1 – point a

(a) are at least 18 years of age, except in relation to the acquisition, other than through purchase, and possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;

2016/04/06
Committee: LIBE

2015/0269(COD)

Jussi HALLA-AHO, Richard SULÍK, Tomáš ZDECHOVSKÝ, Anders VISTISEN, Timothy KIRKHOPE, Kristina WINBERG, Bernd KÖLMEL, Branislav ŠKRIPEK, Beatrix von STORCH, Hannu TAKKULA

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1

Member States shall ~~provide for standard medical tests for issuing or renewing authorisations as referred to in paragraph 1 and shall~~ withdraw authorisations if any of the conditions on the basis of which it was granted is no longer met.

Proposal for a directive
Article 1 – point 6

Directive 91/477/EEC
Article 5 – paragraph 1 – point a

(a) are at least 18 years of age, except in relation to the possession of firearms for hunting and target shooting, provided that in that case persons of less than 18 years of age have parental permission, or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence, or are within a licenced or otherwise approved training centre;deleted

2016/04/28
Committee: IMCO

2015/0269(COD)

Richard SULÍK, Jussi HALLA-AHO, Tomáš ZDECHOVSKÝ, Bernd KÖLMEL, Ulrike TREBESIUS, Joachim STARBATTY, Anders VISTISEN, Jørn DOHRMANN, Bernd LUCKE, Angel DZHAMBAZKI, Branislav ŠKRIPEK, Petr MACH, Ivan ŠTEFANEC, Eduard KUKAN, Edward CZESAK, Tomasz Piotr PORĘBA, Hans-Olaf HENKEL, Jan ZAHRADIL, Timothy KIRKHOPE

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 91/477/EEC
Article 5 – paragraph 1 a (new)

1a. The acquisition and possession of firearms shall only be permitted if, inter alia, there is good cause. Member States, whilst not being under any obligation in that regard, may decide that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, self-defence, reservist training, various scientific, technical and testing activities and re-enactment of historical events, filmmaking or historical study constitutes good cause.

2016/04/28
Committee: IMCO

Directive 91/477/EEC
Annex I – part II – point A – category C – point 5

5. ~~Alarm and signal weapons~~Firearms under categories A, B and points 1 to 4 of category C, after having been converted to alarm, signal, salute ~~and~~, acoustic ~~weapons as well as replicas;~~, gas, paintball or airsoft, Flobert, or percussion lock weapons.

2016/04/29
Committee: IMCO

2015/0269(COD)

Proposal for a directive
Article 1 – point 13 – point a – point iii

Directive 91/477/EEC
Annex I – part II – point A – category C – point 6

~~6. Firearms under category B and points 1 to 5 of category C, after having been deactiva~~deleted.

2016/04/29
Committee: IMCO

2015/0269(COD)

Proposal for a directive
Article 1 – point 14 – point a

Directive 91/477/EEC
Annex I – part III – point a

~~(a) point (a) is~~ deleted;

2016/04/29
Committee: IMCO

2015/0269(COD)

Richard SULÍK, Jussi HALLA-AHO, Tomáš ZDECHOVSKÝ, Ulrike TREBESIUS, Bernd KÖLMEL, Joachim STARBATTY, Anders VISTISEN, Jørn DOHRMANN, Bernd LUCKE, Angel DZHAMBAZKI, Branislav ŠKRIPEK, Petr MACH, Ivan ŠTEFANEC, Eduard KUKAN, Edward CZESAK, Tomasz Piotr PORĘBA, Hans-Olaf HENKEL, Jan ZAHRADIL, Timothy KIRKHOPE

Proposal for a directive
Article 1 – point 14 – point c

Directive 91/477/EEC
Annex I – part III – paragraph 2

~~(c) the second subparagraph is~~ deleted.

2016/04/29
Committee: IMCO

2015/0269(COD)

Richard SULÍK, Jussi HALLA-AHO, Tomáš ZDECHOVSKÝ, Bernd KÖLMEL, Ulrike TREBESIUS, Joachim STARBATTY, Anders VISTISEN, Jørn DOHRMANN, Angel DZHAMBAZKI, Branislav ŠKRIPEK, Bernd LUCKE, Petr MACH, Ivan ŠTEFANEC, Eduard KUKAN, Edward CZESAK, Tomasz Piotr PORĘBA, Hans-Olaf HENKEL, Jan ZAHRADIL

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive [36 months after publication toin the OJ]. They shall forthwith communicate to the Commission the text of those provisions.

2016/04/29
Committee: IMCO

2014/2248(INI)

Motion for a resolution
Paragraph 38 a (new)

38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;

2016/11/09
Committee: AFCO

2014/2248(INI)

Motion for a resolution
Paragraph 39

39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat ~~after having obtained the consent of the other~~; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;

2016/11/09
Committee: AFCO

2014/2241(INI)

4. Recommends the creation of an EU online application containing European travel maps, which could help to promote Europe as a tourist destination and to improve the amount and quality of information available to consumers; stresses that costs incurred in the creation and maintenance of this application should be kept to a minimum, without a Union budget increase;

2015/06/25
Committee: IMCO

2014/2241(INI)

Draft opinion
Paragraph 5

5. Stresses the need to have a more coordinated approach among Member States in tourism-related policy areas, such as innovation, transport, ~~taxation,~~ service quality and the visa regime, while respecting the principle of subsidiarity;

2015/06/25
Committee: IMCO

2014/2135(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the ENIAC Joint Undertaking’s budget for the financial year 2013; /~~ Postpones its decision on granting the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the ENIAC Joint Undertaking’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2135(DEC)

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2013 /~~ Postpones the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2013;

2015/03/05
Committee: CONT

2014/2134(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the Executive Director of the Fuel Cells and Hydrogen 2 Joint Undertaking discharge in respect of the implementation of the Fuel Cells and Hydrogen Joint Undertaking’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the Fuel Cells and Hydrogen 2 Joint Undertaking discharge in respect of the implementation of the Fuel Cells and Hydrogen Joint Undertaking’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2134(DEC)

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2013 /~~ Postpones the closure of the accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2013;

2015/03/05
Committee: CONT

2014/2133(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the Executive Director of the Innovative Medicines Initiative 2 Joint Undertaking discharge in respect of the implementation of the budget of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2013 / Postpones its decision on granting the Executive Director of the Innovative Medicines Initiative 2 Joint Undertaking discharge in respect of the implementation of the budget of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2013;

2015/03/05
Committee: CONT

2014/2133(DEC)

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2013 /~~ Postpones the closure of the accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2013;

2015/03/05
Committee: CONT

2014/2132(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the ARTEMIS Joint Undertaking’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the ARTEMIS Joint Undertaking’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2132(DEC)

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the ARTEMIS Joint Undertaking for the financial year 2013 /~~ Postpones the closure of the accounts of the ARTEMIS Joint Undertaking for the financial year 2013;

2015/03/05
Committee: CONT

2014/2131(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the Clean Sky 2 Joint Undertaking discharge in respect of the implementation of the Clean Sky Joint Undertaking’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the Clean Sky 2 Joint Undertaking discharge in respect of the implementation of the Clean Sky Joint Undertaking’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2131(DEC)

Ryszard CZARNECKI, Beata GOSIEWSKA, Richard ASHWORTH, Richard SULÍK

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2013 /~~ Postpones the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2013;

2015/03/05
Committee: CONT

2014/2130(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the SESAR Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the SESAR Joint Undertaking discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2130(DEC)

Ryszard CZARNECKI, Beata GOSIEWSKA, Richard ASHWORTH, Richard SULÍK

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the SESAR Joint Undertaking for the financial year 2013 /~~ Postpones the closure of the accounts of the SESAR Joint Undertaking for the financial year 2013;

2015/03/05
Committee: CONT

2014/2129(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the joint undertaking’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2129(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 2
Paragraph 1

1. ~~Approves the closure of the accounts of the Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2013 /~~ Postpones the closure of the accounts of the Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2013;

2015/03/05
Committee: CONT

2014/2128(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2128(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2013 /~~ Postpones the closure of the accounts of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2013;

2015/03/06
Committee: CONT

2014/2126(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Asylum Support Office discharge in respect of the implementation of the Office’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Asylum Support Office discharge in respect of the implementation of the Office's budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2126(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Asylum Support Office for the financial year 2013 /~~ Postpones the closure of the accounts of the European Asylum Support Office for the financial year 2013;

2015/03/05
Committee: CONT

2014/2125(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2125(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013 /~~ Postpones the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013;

2015/03/06
Committee: CONT

2014/2124(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Office's budget for the financial year 2013 / Postpones its decision on granting the Management Committee of the Office of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Office's budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2124(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013 /~~ Postpones the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2013;

2015/03/05
Committee: CONT

2014/2123(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2123(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2013 /~~ Postpones the closure of the accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2013;

2015/03/05
Committee: CONT

2014/2122(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013; /~~ Postpones its decision on granting the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority's budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2122(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Securities and Markets Authority for the financial year 2013; /~~ Postpones the closure of the accounts of the European Securities and Markets Authority for the financial year 2013;

2015/03/06
Committee: CONT

2014/2121(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Insurance and Occupational Pensions Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013; /~~ Postpones its decision on granting the Executive Director of the European Insurance and Occupational Pensions Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2121(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013; /~~ Postpones the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013;

2015/03/06
Committee: CONT

2014/2120(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Banking Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2120(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Banking Authority for the financial year 2013 /~~ Postpones the closure of the accounts of the European Banking Authority for the financial year 2013;

2015/03/05
Committee: CONT

2014/2119(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute's budget for the financial year;

2015/03/06
Committee: CONT

2014/2119(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Institute for Gender Equality for the financial year 2013 /~~ Postpones the closure of the accounts of the European Institute for Gender Equality for the financial year 2013;

2015/03/06
Committee: CONT

2014/2118(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2118(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Police Office for the financial year 2013 /~~ Postpones the closure of the accounts of the European Police Office for the financial year 2013;

2015/03/06
Committee: CONT

2014/2117(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2117(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the Euratom Supply Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the Euratom Supply Agency for the financial year 2013;

2015/03/05
Committee: CONT

2014/2116(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2116(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Chemicals Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European Chemicals Agency for the financial year 2013;

2015/03/05
Committee: CONT

2014/2115(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2115(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Fisheries Control Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European Fisheries Control Agency for the financial year 2013;

2015/03/06
Committee: CONT

2014/2114(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2114(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European GNSS Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European GNSS Agency for the financial year 2013;

2015/03/06
Committee: CONT

2014/2113(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2113(DEC)

Proposal for a decision 2
Paragraph 2

2. Approves the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013 / Postpones the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2013;

2015/03/06
Committee: CONT

2014/2112(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Police College discharge in respect of the implementation of the College’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Police College discharge in respect of the implementation of the College's budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2112(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Police College for the financial year 2013 /~~ Postpones the closure of the accounts of the European Police College for the financial year 2013;

2015/03/05
Committee: CONT

2014/2111(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2111(DEC)

Richard SULÍK, Beata GOSIEWSKA, Richard ASHWORTH

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Railway Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European Railway Agency for the financial year 2013;

2015/03/06
Committee: CONT

2014/2110(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Union Agency for Network and Information Security discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2110(DEC)

Richard SULÍK, Beata GOSIEWSKA, Richard ASHWORTH

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2013 /~~ Postpones the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2013;

2015/03/06
Committee: CONT

2014/2109(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2109(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2013 /~~ Postpones the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2013;

2015/03/05
Committee: CONT

2014/2108(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority's budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2108(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Food Safety Authority for the financial year 2013 /~~ Postpones the closure of the accounts of the European Food Safety Authority for the financial year 2013;

2015/03/06
Committee: CONT

2014/2106(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2106(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European Aviation Safety Agency for the financial year 2013;

2015/03/05
Committee: CONT

2014/2105(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2105(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European Maritime Safety Agency for the financial year 2013;

2015/03/06
Committee: CONT

2014/2104(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2013 /~~ Postpones its decision on granting the European Training Foundation discharge in respect of the implementation of the Foundation's budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2104(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Training Foundation for the financial year 2013 /~~ Postpones the closure of the accounts of the European Training Foundation for the financial year 2013;

2015/03/06
Committee: CONT

2014/2103(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2013 /~~ Postpones its decision on granting the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2103(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of Eurojust for the financial year 2013 /~~ Postpones the closure of the accounts of Eurojust for the financial year 2013;

2015/03/05
Committee: CONT

2014/2102(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2102(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Medicines Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European Medicines Agency for the financial year 2013;

2015/03/06
Committee: CONT

2014/2101(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2101(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2013 /~~ Postpones the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2013;

2015/03/05
Committee: CONT

2014/2100(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2100(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2013 /~~ Postpones the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2013;

2015/03/06
Committee: CONT

2014/2099(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2099(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Environment Agency for the financial year 2013 /~~ Postpones the closure of the accounts of the European Environment Agency for the financial year 2013;

2015/03/06
Committee: CONT

2014/2090(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2013;

2015/03/06
Committee: CONT

2014/2090(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013 /~~ Postpones the closure of the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2013;

2015/03/06
Committee: CONT

2014/2089(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2089(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2013 /~~ Postpones the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2013;

2015/03/05
Committee: CONT

2014/2088(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2013 / Postpones its decision on granting the Director of the European Foundation for the Improvement of Living and Working Conditions discharge in respect of the implementation of the Foundation’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2088(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013 /~~ Postpones the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2013;

2015/03/05
Committee: CONT

2014/2087(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2013;

2015/03/05
Committee: CONT

2014/2087(DEC)

Proposal for a decision 2
Paragraph 2

2. ~~Approves the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2013 /~~ Postpones the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2013;

2015/03/05
Committee: CONT

2014/2086(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2013 / Postpones its decision on granting the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2013;

2015/03/06
Committee: CONT

2014/2085(DEC)

Richard SULÍK, Beata GOSIEWSKA, Richard ASHWORTH

Proposal for a decision 1
Paragraph 1

1. ~~Grants the European Data Protection Supervisor discharge in respect of the implementation of the budget of the European Data Protection Supervisor for the financial year 2013 /~~ Postpones its decision on granting the European Data Protection Supervisor discharge in respect of the implementation of the budget of the European Data Protection Supervisor for the financial year 2013;

2015/03/06
Committee: CONT

2014/2084(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the European Ombudsman discharge in respect of the implementation of the budget of the European Ombudsman for the financial year 2013 /~~ Postpones its decision on granting the European Ombudsman discharge in respect of the implementation of the budget of the European Ombudsman for the financial year 2013;

2015/03/06
Committee: CONT

2014/2083(DEC)

Beata GOSIEWSKA, Richard ASHWORTH, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2013 /~~ Postpones its decision on granting the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2013;

2015/03/06
Committee: CONT

2014/2082(DEC)

Proposal for a decision 1
Paragraph 1

1. Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2013 / Postpones its decision on granting the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2013;

2015/03/06
Committee: CONT

2014/2081(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2013 /~~ Postpones its decision on granting the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2013;

2015/03/06
Committee: CONT

2014/2080(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget of the Court of Justice for the financial year 2013 /~~ Postpones its decision on granting the Registrar of the Court of Justice discharge in respect of the implementation of the budget of the Court of Justice for the financial year 2013;

2015/03/09
Committee: CONT

2014/2078(DEC)

Proposal for a decision 1
Paragraph 1

1. ~~Grant~~Postpones its President discharge in respect of the implementation of the budget of the European Parliament for the financial year 2013;

2015/03/09
Committee: CONT

2014/2078(DEC)

Motion for a resolution
Recital D a (new)

Da. whereas the Court of Auditors Report adopted on 11.07.2014 states that the potential saving for the EU Budget would be about 114 million euro a year if the European Parliament centralised its activities;

2015/03/09
Committee: CONT

2014/2078(DEC)

Ryszard CZARNECKI, Anders VISTISEN, Bernd KÖLMEL, Richard ASHWORTH, Richard SULÍK, Beata GOSIEWSKA

Motion for a resolution
Paragraph 27 a (new)

27a. Reiterates that maintaining the security of Parliament's buildings and their immediate surroundings must be given the highest priority; requests that as part of this work security in the car parks should be improved, and the access to the parts of the buildings containing Members' offices in Parliament should be controlled;

2015/03/09
Committee: CONT

2014/2078(DEC)

Ryszard CZARNECKI, Anders VISTISEN, Bernd KÖLMEL, Beata GOSIEWSKA, Richard ASHWORTH, Richard SULÍK, Bas BELDER

Motion for a resolution
Paragraph 33 b (new)

Working places of Parliament (subtitle) 33b. Notes that the European Council whilst justifiably calling for austerity on the part of Parliament, continuous to deny in the opportunity to make the considerable savings that would arise from ceasing to hold meetings in Strasbourg;

2015/03/09
Committee: CONT

2014/2078(DEC)

Dennis de JONG, Rina Ronja KARI, Anna Maria CORAZZA BILDT, Catherine BEARDER, Marisa MATIAS, Aldo PATRICIELLO, Jan ZAHRADIL, Evžen TOŠENOVSKÝ, Lynn BOYLAN, Giovanni LA VIA, Jan Philipp ALBRECHT, Jens GEIER, Marietje SCHAAKE, Pina PICIERNO, Richard SULÍK, Tomáš ZDECHOVSKÝ, Benedek JÁVOR, Salvatore Domenico POGLIESE, Bart STAES, Pascal ARIMONT, Paul TANG, Morten MESSERSCHMIDT, Anneleen VAN BOSSUYT, Ashley FOX, Ulla TØRNÆS, Ivo BELET, Ivan ŠTEFANEC, Miapetra KUMPULA-NATRI, Esther DE LANGE, Fredrick FEDERLEY, Jeroen LENAERS, Nicola CAPUTO, Tom VANDENKENDELAERE, Peter van DALEN, Ulrike LUNACEK, Daniel DALTON, Diane DODDS, Ernest URTASUN, Molly SCOTT CATO, Alessia Maria MOSCA, Elly SCHLEIN, Luigi MORGANO, Ruža TOMAŠIĆ, Simona BONAFÈ, Anneliese DODDS, Daniele VIOTTI, Massimo PAOLUCCI, Anne-Marie MINEUR, Patrizia TOIA, Lambert van NISTELROOIJ, Helga STEVENS, Sander LOONES, Mark DEMESMAEKER, Beatriz BECERRA BASTERRECHEA

Motion for a resolution
Paragraph 33 c (new)

33c. Stresses that the Parliament and the Council, in order to create long term savings in the Union budget, must address the need for a roadmap to a single seat, as stated by the Parliament in several previous resolutions;

2015/03/09
Committee: CONT

2014/2078(DEC)

Ryszard CZARNECKI, Anders VISTISEN, Bernd KÖLMEL, Richard ASHWORTH, Richard SULÍK, Beata GOSIEWSKA, Bas BELDER

Motion for a resolution
Paragraph 37

37. Reminds that the budget for the EuroparlTV was EUR 8 000 000 in 2013 and EUR 5 000 000 in 2014 while the performance of the service has been improved with a number of new activities and projects; notes that between 2012 and 2014 the average monthly number of videos watched has gone up from 53 000 to 400 000; remarks that the cost of this project is still very high;

2015/03/09
Committee: CONT

2014/2078(DEC)

Ryszard CZARNECKI, Anders VISTISEN, Bernd KÖLMEL, Richard ASHWORTH, Richard SULÍK, Beata GOSIEWSKA

Motion for a resolution
Paragraph 40

40. Notes with concern that mission expenses in 2013 of the Information Offices amounted to EUR 1 839 696, with missions to Strasbourg accounting for EUR 1 090 290; regrets that the cost of missions from Information Offices to Strasbourg increased by around 7 % from 2012, with a further 2 % increase being due to the creation of the new Information Office in Croatia; insists that priority should be given to the use of videoconferences, making both structural cost reductions to the Parliament's budget and environmental improvements, which do not detract from Parliament's work;

2015/03/09
Committee: CONT

2014/2078(DEC)

Ryszard CZARNECKI, Anders VISTISEN, Bernd KÖLMEL, Richard ASHWORTH, Richard SULÍK, Beata GOSIEWSKA, Bas BELDER

Motion for a resolution
Paragraph 48 a (new)

48a. Notes that the property portfolio of Parliament has substantially increased over recent years; insists that no additional buildings be purchased or leased during the next multiannual financial framework period;

2015/03/09
Committee: CONT

2014/2077(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grant~~Postpones the Commission discharge in respect of the implementation of the budget of the eighth, ninth and tenth European Development Funds for the financial year 2013;

2015/03/06
Committee: CONT

2014/2077(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 2
Paragraph 2

2. ~~Approv~~Postpones the closure of the accounts of the eighth, ninth and tenth European Development Funds for the financial year 2013;

2015/03/06
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 1
Paragraph 1

1. ~~Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2013 /~~ Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2013;

2015/03/09
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 2
Paragraph 1

1. ~~Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/09
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 3
Paragraph 1

1. Grants the Director of the Executive Agency for Small and Medium-sized Enterprises (formerly the Executive Agency for Competitiveness and Innovation) discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Executive Agency for Small and Medium- sized Enterprises (formerly the Executive Agency for Competitiveness and Innovation) discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/09
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 4
Paragraph 1

1. Grants the Director of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Consumers, Health, Agriculture and Food Executive Agency (formerly the Executive Agency for Health and Consumers) discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/09
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 5
Paragraph 1

1. ~~Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/09
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 6
Paragraph 1

1. ~~Grants the Director of the Research Executive Agency discharge in relation to the implementation of the Agency’s budget for the financial year 2013 /~~ Postpones its decision on granting the Director of the Research Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/09
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 7
Paragraph 1

1. Grants the Director of the Innovation and Networks Executive Agency (formerly the Trans-European Transport Network Executive Agency) discharge in respect of the implementation of the Agency’s budget for the financial year 2013 / Postpones its decision on granting the Director of the Trans-European Transport Network Executive Agency (formerly the Trans-European Transport Network Executive Agency) discharge in respect of the implementation of the Agency’s budget for the financial year 2013;

2015/03/09
Committee: CONT

2014/2075(DEC)

Ryszard CZARNECKI, Richard ASHWORTH, Beata GOSIEWSKA, Richard SULÍK

Proposal for a decision 8
Paragraph 1

1. ~~Approves the closure of the accounts of the general budget of the European Union for the financial year 2013 /~~ Postpones the closure of the accounts of the general budget of the European Union for the financial year 2013;

2015/03/09
Committee: CONT

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Daniel DALTON, Richard SULÍK, Dita CHARANZOVÁ, Vicky FORD

Proposal for a directive
Recital 3

(3) Establishing single-member limited liability companies as subsidiaries in other Member States entails costs due to the diverse legal and administrative requirements which must be met in the Member States concerned. Such divergent requirements continue to exist among Member States and therefore companies might find it costly and difficult to conduct business across borders. The additional financial and administrative burdens and costs related to setting-up companies hamper the full development of business within the internal market.

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Othmar KARAS, Jiří POSPÍŠIL, Adam SZEJNFELD, Daniel DALTON, Dita CHARANZOVÁ, Richard SULÍK, Antanas GUOGA, Andreas SCHWAB, Vicky FORD

Proposal for a directive
Recital 6

(6) In line with the Europe 2020 strategy, the Review of the Small Business Act for Europe18 advocated further progress in making smart regulation a reality, enhancing market access and promoting entrepreneurship, innovation, job creation and inclusive growth. __________________ 18 COM(2011) 78 final, 23.2.2011.

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Othmar KARAS, Jiří POSPÍŠIL, Adam SZEJNFELD, Antanas GUOGA, Daniel DALTON, Dita CHARANZOVÁ, Richard SULÍK, Vicky FORD

Proposal for a directive
Recital 7

(7) In order to foster more entrepreneurship in Europe and to facilitate the cross-border activities of SMEs and the establishment of single- member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced and the rules for businesses on the internal market of the Union should be simplified.

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Antanas GUOGA, Andreas SCHWAB, Daniel DALTON, Richard SULÍK, Vicky FORD

Proposal for a directive
Recital 9

(9) Single-member private limited liability companies formed and operating in compliance with Part 2 of this Directive should add to their names a common, easily identifiable abbreviation – SUP (Societas Unius Personae).

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Daniel DALTON, Richard SULÍK, Dita CHARANZOVÁ, Vicky FORD

Proposal for a directive
Article 2 – point 5 a (new)

(5a) 'online registration' means a registration procedure fully completed electronically at a distance without requiring the need of a physical presence of the founder before the authorities of the Member State of registration;

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Othmar KARAS, Jiří POSPÍŠIL, Adam SZEJNFELD, Daniel DALTON, Richard SULÍK, Dita CHARANZOVÁ, Vicky FORD

Proposal for a directive
Article 6 – paragraph 2

2. Member States shall not hinder SUPs from being single-members in other companies. Member States may establish rules prohibiting SUPs from being single- members in other limited liability companies if this leads to cross or circular ownership.

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Richard SULÍK, Dita CHARANZOVÁ

Proposal for a directive
Article 11 – paragraph 2 a (new)

2a. Member States shall ensure that the following templates may be used for on- line registration. The possibility to register an SUP on-line with the uniform template of articles of association shall not preclude the founder from registering on-line with its own bespoke articles of association if national law allows for it.

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Richard SULÍK, Dita CHARANZOVÁ

Proposal for a directive
Article 11 – paragraph 2 b (new)

2b. Member States shall ensure that an SUP may be registered on-line with the uniform template of articles of association. The obligation under Article 11 of Directive 2009/101/EC to have founding instruments drawn up and certified in due legal form shall be considered fulfilled if the founder draws up the founding instruments of SUP using the uniform template.

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Antanas GUOGA, Dita CHARANZOVÁ, Richard SULÍK, Daniel DALTON, Vicky FORD

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ensure that the registration procedure for newly incorporated SUPs may be completed electronically in its entirety without ~~it being necessary for the founding member to appea~~requiring the need of a physical presence of the founder before any authority in the Member State of registration (on-line registration).

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Daniel DALTON, Dita CHARANZOVÁ, Richard SULÍK, Vicky FORD

Proposal for a directive
Article 14 a (new)

Article 14a Recognition of identification means for the purposes of on-line registration 1. For the purposes of on-line registration of an SUP, the registration authorities shall recognise: (a) electronic identification means issued under an electronic identification scheme approved for the purpose of on-line registration of SUPs by the Member State of registration; (b) an electronic identification means issued in another Member State complying with Article 6 of Regulation (EU) No 910/2014. 2. The registration authorities may also recognise other electronic or non- electronic identification means. When non-electronic identification means, issued in the Member State of registration, are recognised by the registration authorities for the purpose of on-line registration, the same type of non- electronic identification issued in other Member States shall be equally recognised. 3. Member States shall ensure that any measures taken to comply with this Article or Article 14 do not affect the possibility of on-line registration referred to in Article 14(3).

2015/03/05
Committee: IMCO

2014/0120(COD)

Ivan ŠTEFANEC, Jiří POSPÍŠIL, Adam SZEJNFELD, Daniel DALTON, Richard SULÍK, Dita CHARANZOVÁ, Vicky FORD

Proposal for a directive
Article 25 – paragraph 1

1. Member States shall ensure that their national law requires an SUPs to be dissolved or transformed into another form of company if ~~SUPs~~it ceases to comply with the requirements laid down in this Directive. If an SUP fails to take appropriate steps to convert into another company law form, the competent authority shall be granted the powers necessary to dissolve the SUP.

2015/03/05
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 12 a (new)

(12a) The Commission may take measures on the basis of this regulation only in exceptional circumstances and with regard to countries the EU has not recognised as a market economy.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 12 b (new)

(12b) The Commission can take the action provided for in this regulation only in cases involving restrictive and discriminatory measures, or in proceedings relating to procurement or a market in which a third country is applying concessions which seriously harm, or have the potential to seriously harm, the economic sector of a Member State, while that third country is demonstrably subsidising its own export capacity.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 13

(13) The origin of a good should be determined in accordance with Article 22s 59 to 263 of ~~Council~~ Regulation (EECU) No ~~2913/1992~~952/2013 of the European Parliament and of the Council18, __________________ 18 ~~Council~~ Regulation (EECU) No ~~2913/1992 of 12 October 1992 establishing the Community~~952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L ~~302~~269, 190.10.~~1992~~2013, p. 1).

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 17

(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country, the Commission sh~~ould~~all examine to what degree laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 20

(20) If the existence of a restrictive and/or discriminatory procurement measure or practice in a third country is confirmed, the Commission sh~~ould~~all invite the country concerned to enter into consultations with a view to improving the tendering opportunities for Union economic operators, goods and services in respect of public procurement in that country.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 21

(21) It is of the utmost importance that the investigation is carried out in a transparent manner. A report on the ~~main~~ findings of the investigation, whilst maintaining the confidentiality of trade secrets and other sensitive information, should therefore be publicly available.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
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 measures applying to tenders ~~submitted by economic operators originating in that country and/or including goods and services originating in that~~for goods or services originating in that country, or submitted by economic operators from the third country concerned or economic actors from any other country.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 22 a (new)

(22a) Price adjustment is a sanction measure applied by Member States, on the basis of a Commission decision, to the provision of goods and services from a third country in Member State procurement processes, in response to a restrictive and discriminatory measure adopted or applied by that third country against economic actors, goods or services from the EU in public procurement, and consists of a set rise in the cost of the provision of those goods and services.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 26

(26) Given that the Member States are best placed to identify the contracting authorities or contracting entities, or categories of contracting authorities or contracting entities, which should apply the price adjustment measure~~. To ensure that an~~, they shall send ap prop~~riate level of action is taken and that a fair distribution of the burden among Member States is achieved, t~~osed list of those entities to the Commission. The Commission shall draw up a final list of contracting authorities or contracting entities, or categories of contracting authorities or contracting entities in each Member State, whose contracts the measure applies to. The Commission sh~~ould~~all take the final decision~~, based on a list submitted by each Member Stat~~ on the content of the list of contracting authorities or contracting entities which should apply the price adjustment measure. Where necessary, the Commission may establish a list on its own initiative.

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Recital 28

(28) In case of misapplication by contracting authorities or contracting entities of exceptions to price adjustment measures limiting access of non-covered goods and services, the Commission should be able to apply the corrective mechanism of Article 3 of Council Directive 89/665/EEC20 or Article 8 of Council Directive 92/13/EEC21. In addition, contracts concluded with an economic operator by contracting authorities or contracting entities in violation of price adjustment measures limiting access of non-covered goods and services should be ineffective.(Does not affect the English version.) __________________ 20 Council Directive 89/665/EEC on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33). 21 Council Directive 92/13/EEC coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)

(ha) ‘price restriction’ means a sanction imposed by the Commission in response to a restrictive and/or discriminatory measure taken by a third country, and consists of an increase in the cost of the provision of goods and services from the third country concerned, to the extent and under the conditions set out under this Regulation;

2017/06/29
Committee: IMCO

2012/0060(COD)

Proposal for a regulation
Article 9 – paragraph 1

TBy [six months from the date this Regulation enters into force] at the latest, the Commission shall determine the contracting authorities or entities or categories of contracting authorities or entities, listed by Member State, whose procurement is concerned by the measure. To provide the basis for this determination, each Member State shall submit a list of appropriate contracting authorities or entities or categories of contracting authorities or entities. The Commission shall ensure that an appropriate level of action is taken and that a fair distribution of the burden among Member States is achieved.

2017/06/29
Committee: IMCO

2012/0060(COD)