1073 Amendments of Igor ŠOLTES
Amendment 16 #
2018/2149(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas 114 countries including 23 of the 28 EU Member States have recognized Kosovo’s independence;
Amendment 51 #
2018/2149(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Kosovaro authorities to comprehensively deal with previously identified electoral shortcomings by enacting timely legislative and administrative measures to address the outstanding recommendations of EU and European Parliament observation missions well in advance of the next round of elections;
Amendment 63 #
2018/2149(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that a representative judiciary and a uniform implementation of Kosovaro law are prerequisites for addressing an inconsistent, slow and inefficient delivery of justice; welcomes the integration of Kosovo Serb judges, prosecutors and administrative staff into the Kosovo judiciary in line with the 2015 Justice Agreement between Serbia and Kosovo;
Amendment 82 #
2018/2149(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for genuine judicial and police cooperation between the Kosovaro and Serbian authorities; believes that Kosovaro’s membership of Interpol and Europol would further improve the effectiveness of measures targeting transnational crime;
Amendment 87 #
2018/2149(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential to implement, in a timely and comprehensive manner, the recommendations of the Kosovaro’s Ombudsman, Auditor General, Anti- Corruption Agency and the Public Procurement Regulatory Commission; stresses the need to remedy deficiencies in the public procurement system and to improve interinstitutional cooperation and the exchange of information; recommends the stepping up of monitoring, evaluation and audit capabilities and the adoption and implementation of an anti-fraud strategy to protect Kosovo and the EU’s financial interests;
Amendment 103 #
2018/2149(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes positive note of the steep reduction in the number of asylum requests and readmissions of Kosovaro’s citizens, and of applications for readmission agreements;
Amendment 112 #
2018/2149(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Unequivocally condemns the killing of Kosovo Serb politician Oliver Ivanović; considers his murder to be a major blow to the constructive and moderate voices in the Kosovo Serbian community; stresses, as a matter of urgency, the need for genuine cooperation between Kosovaro and Serbian investigators and for international support, so that both the perpetrators of the killing and those who ordered it are swiftly brought to justice;
Amendment 118 #
2018/2149(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets reluctance to handle war crimes cases; urges the Kosovaro authorities to demonstrate their firm and sustained commitment to the Kosovo Specialist Chambers and Specialist Prosecutor Office in the Hague; expresses its deep concern about attempts by members of the Kosovo Assembly to abrogate the Law on the Specialist Chambers and Specialist Prosecutor’s Office in December 2017; deeply regrets the fact that these attempts resulted in a failure to adopt joint recommendations following the postponement of the fourth meeting of the EU-Kosovo Stabilisation and Association Parliamentary Committee (SAPC) to 17-18 January 2018;
Amendment 161 #
2018/2149(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Expresses its deep concern at the increasing number of cases of domestic violence; calls on the Kosovo authorities and enforcement agencies to adopt a more stringent and effective action to fight this kind of violence with regard, in particular, to responding promptly to the calls for help of the victims and to ensuring their protection and assistance;
Amendment 166 #
2018/2149(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges of the need to ensure the editorial freedom, financial sustainability and independence of the Kosovaro public broadcaster, and to guarantee transparency of private media ownership; calls for improvements to multilingual broadcasting and to the quality of information offered to all Kosovaro communities;
Amendment 194 #
2018/2149(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Urges the Serbian and the Kosovo governments to avoid all acts that could undermine the trust between the parties and put at risk the constructive continuation of the dialogue;
Amendment 198 #
2018/2149(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Expresses its deep concern at the rising number of inter-ethnic incidents; condemns all acts of intimidation and violence; urges the Kosovaro authorities to immediately distance themselves from such acts and calls for the perpetrators to be identified and brought to justice;
Amendment 205 #
2018/2149(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Takes the view that efforts should be made by Serbia and Kosovo to start people-to-people contacts between the local communities of the two countries so as to strengthen the Belgrade-Pristina dialogue also at non-governmental level; welcomes, in this respect, the mutual cooperation programme launched recently by the municipalities of Peja and Sabac and calls on the Commission to support and promote similar initiatives for other municipalities;
Amendment 224 #
2018/2149(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Expresses its concern with waste mismanagement under unsustainable landfilling methods and a widespread illegal dumping; urges the Kosovo authorities to adopt waste separation and recycling targets and to improve recycling facilities, enabling a gradual move towards circular economy;
Amendment 225 #
2018/2149(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Underlines that improved local collection, stocking and disposal of household, industrial and hazardous mine waste has to be accompanied by strengthened liability for harm to the environment and illegal construction in protected areas holding polluters to account;
Amendment 229 #
2018/2149(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes the need to move away from the use of lignite for unsustainable energy generation and stresses the urgency of decommissioning Kosovo A Power Station and of ensuring additional sustainable generation and import capacity; notes partial progress on the Third Energy Package and stresses the need to ensure the independence of the Kosovaro energy regulator; calls for stronger efforts in energy efficiency and energy saving, particularly in the construction sector;
Amendment 234 #
2018/2149(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Urges the Kosovaro authorities to adopt credible and sustainable public transport and mobility policies for addressing long- standing infrastructure deficiencies;
Amendment 29 #
2018/2148(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls upon the European Commission to publish its opinion on Bosnia and Herzegovina’s membership application together with the enlargement package in 2019, which would include clear conditions for a candidate status and opening of membership negotiations; urges all governments in Bosnia and Herzegovina to include in their government programs for the next four years all the findings, recommendations and conditions identified by the European Commission in the Opinion;
Amendment 45 #
2018/2148(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets that no compromise has been reached with regard to changes to the electoral legislation required to implement the Constitutional Court decision in the Ljubić case on the election of the members of the Federation House of Peoples; urges all politiccalls upon the Central Eleaders to show responsibility and amend swiftlyction Commission to exercise its mandate in accordance with the eElectoral framework in order to ensure smooth implementation of the results of the elecion Law, in particular when deciding on formula for election of the members of the Federation House of Peoples; expresses trust that the Central Election Commission will exercise its mandate in an independent and professional manner; urges all elected members of parliaments to show responsibility and amend the electoral framework in accordance with the OSCE- ODIHR’s recommendations; stresses that holding credible elections and implementing the results in accordance with relevant legal provisions is an essential feature of a well- functioning democracy, as well as a requirement for any country aspiring to join the EU;
Amendment 74 #
2018/2148(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the authorities to ensure strict alignment with EU and international standards and policy objectives in the field of energy and climate change; deplores that the country's efforts to combat climate change stay on the declarative level while at the same time decisions are being taken about the planning of new coal thermal power plants; calls therefore for the cancellation of the hydropower projects and plans that are harmful to nature, against the will of the local population, not in line with local or entity spatial development plans and are beneficial only to investors;
Amendment 75 #
2018/2148(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Urges for alignment with the EU acquis in the field of nature protection; underlines that planning and construction of hydropower plants and projects require compliance with international and EU environmental legislation including the Birds and Habitats Directives and the Environmental Impact Assessment Directive; stresses the urgent need to avoid any negative impacts on areas of high nature interest by improving the quality of environmental impact assessments as well as to guarantee public participation and consultation of civil society in relevant projects;
Amendment 88 #
2018/2148(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the fact that BiH remains in breach of the European Convention on Human Rights by not implementing the rulings of the European Court of Human Rights (ECHR) in the Sejdić-Finci, Zornić, Pilav and Šlaku cases, which allows overt discrimination between citizens in BiH in flagrant contradiction with EU values and norms; recalls that the Commission should pay attention to this issue when preparing its opinion; stresses that, as in the case of any aspiring member of the EU, BiH is expected to progressively align its legal system with the requirements of the EU acquis regarding non-discrimination, and expects progress to be made on these essential issues in due course after the elections; insists that implementing these rulings must not affect further implementation of the Reform Agenda;
Amendment 105 #
2018/2148(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Takes note of Bosnia and Herzegovina’s participation in this year’s OECD’s PISA assessment, enabled by the European Commission’s financial support; congratulates Bosnia and Herzegovina’s educational institution (competent ministries and institutions at the cantonal, entity and state levels, as well as Brick District) for their cooperation and willingness to work together; urges future governments at all levels to use testing results, which are expected to be published next year, to engage in a constructive debate and development of education reforms that will lead to better quality of educational output;
Amendment 109 #
2018/2148(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for a much more pro-active and systematic policy vis-a-vis BiH's youth which should aim at empowering young people in the country; encourages in this respect to establish a dedicated framework and full functioning of the Commission for Coordination of Youth issues within the BiH Ministry of Civil Affairs;
Amendment 154 #
2018/2148(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines, that, although significant progress has been achieved, the legacy of conflict related sexual violence (CRSV) trauma from the 1992-95 war still needs proper attention in BiH; stresses that it must be ensured that female and male survivors, including children born in that context, have equitable access to care, support and justice through comprehensive reparations including rehabilitation and alleviation of stigmatisation of CRSV survivors;
Amendment 159 #
2018/2148(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deplores that the country still suffers due to the existence of landmines which cover around 2,2% of its total area and directly affect the safety of more than 540 000 inhabitants; welcomes the EU's continued support to mine action and applauds the Demining Battalion of the Armed Forces in BiH for its excellent work; notes with concern the lack of sufficient quantities of state-of-the-art demining technology which might lead to a drop, from currently 3 km2, to less than 1 km2 of cleared territory per year as of 2020; urges therefore the Member States to well equip the Demining Battalion with the necessary means and items (up to 79 mine detectors, 34 off-road transport and 27 medical vehicles, 1 demining machine, personal protective equipment personnel insurance, medical equipment, tools, and marking material);
Amendment 49 #
2018/2146(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that despite the relevant amount of EU money spent in Serbia within the framework of IPA funds over the years, the perception of EU assistance in Serbian public opinion is very low; urges the Commission to step up efforts so as to increase the visibility and inform correctly the Serbian people about all the projects and programmes carried out in the country with EU aid;
Amendment 88 #
2018/2146(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges Serbia to step up its reform efforts in the area of rule of law, and in particular to ensure the independence and overall efficiency of the judicial system; stresses that special focus should be put on implementing effective reform in this area; notes that while some progress has been made in reducing the backlog of old enforcement cases, and in putting in place measures to harmonise court practice, judicial independence in Serbia is not fully assured; calls on Serbia to strengthen the accountability, impartiality, professionalism and overall efficiency of the judiciary, and to establish a free legal aid system ensuring the broad range of free legal aid providers, including civil society organisations;
Amendment 99 #
2018/2146(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates the importance of intensifying the fight against corruption and urges Serbia to show a clear commitment to tackle this issue; welcomes the adoption of the amendments made in the economic crimes section of the country’s criminal code and invites Serbia to amend criminal offences provisions set in other laws; reiterates its call to swiftly adopt a new law on the Anti- Corruption Agency to improve the planning, coordination and monitoring of the implementation of new and existing legislation and policies; urges Serbia to adopt or change other necessary anti- corruption legislation, as identified in the Action Plan for chapter 23 of negotiations and recommendations of GRECO and ODIHR; stresses that it is critical that the Agency receives and maintains the human and financial resources it needs to carry out its mandate in an independent manner; invites Serbian Parliament to finalize the election process of the Anti-corruption Agency Board members in a transparent and democratic manner; calls on the authorities to fill all open positions in the Agency; calls on Serbia to further improve its track record on investigations, indictments and final convictions in high- level corruption cases, to publish related statistics and elaborated information about results of investigations in all publicly known cases of alleged corruption of public officials on regular basis;
Amendment 104 #
2018/2146(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Acknowledges some progress has been made in theUrges Serbia to show a clear commitment to fight against organised crime; calls on Serbia to establish a convincing track record of investigations, prosecutions and convictions in organised crime cases, including money laundering, based on proactive investigations; calls on Serbia to focus on the implementation of the action plan agreed with the Financial Action Task Force (FATF);
Amendment 116 #
2018/2146(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Serbian pParliament still does not exercise effective oversight of the executive, and that the transparency, inclusiveness and quality of the legislative process need to be enhanced; welcomes the declining use of urgent procedures to adopt legislation; stresses, however, that the still- frequent use of urgent procedures undermines parliamentary and public scrutiny; stresses that actions that limit the ability of the Serbian parliament to conduct an effective debate on, and scrutiny of, legislation should be avoided; welcomes the Serbian pParliament’s continued efforts to improve transparency throughfacilitate debates on Serbia’s negotiating positions on EU accession chapters, and through exchanges with the core negotiating team and with the National Convention on the European Union; stresses that the role of independent regulatory bodies, including the country’s Ombudsman, needs to be fully acknowledged and supportedurges the Serbian Parliament to address recommendations of the Group of States against Corruption (GRECO), in particular with regard to corruption prevention and conflicts of interest, and to adopt the Code of Conduct; stresses that the role of independent regulatory bodies, including the Commissioner for Information of Public Importance and Personal Data Protection, the Ombudsman, and others, needs to be fully acknowledged and supported; calls for the Serbian Parliament to engage in promoting and monitoring the implementation of independent regulatory bodies' findings and recommendations;
Amendment 147 #
2018/2146(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that the most of the legislative and institutional framework for upholding human rights is in place; stresses that consistent and efficient implementation across the whole country is needed; calls on Serbia to adopt the new Law on Personal Data Protection fully in line with the EU standards; notes that further sustained efforts are necessary to improve the situation of persons belonging to vulnerable groups, including children, persons with disabilities, persons with HIV/AIDS, Roma and LGBTI persons; underlines that the legislative and institutional framework for upholding human rights of children and adults with disabilities has shortcomings; calls on Serbia to actively pursue investigations, prosecutions and convictions of hate- motivated crimes;
Amendment 160 #
2018/2146(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its concern that no progress has been made to improve the situation regarding freedom of expression and of the media; stresses that threats, violence and intimidation against journalists remain an issue of concern; notes, in this regard, that while several cases have been solved and some criminal charges have been filed, convicand media outlets, including administrative harassment and intimidation through court practice, remain an issue of concern especially that coming from the state officials on national and local level; calls upon the highest state officials to be consistent in public condemnation of any form of intimidation of journalists, and on state officials at all levels to refrain from such behaviour; welcomes the effort of the Standing working group that was established through the Agreement on Cooperations are still rare;nd Measures for Increasing the Safety of Journalists and calls upon the authorities to demonstrate full commitment to investigate and prosecute any cases of attacks against journalists and media outlets; regrets Regulatory Body for Electronic Media’s lack of supervision and action, especially during the election period; calls for the full implementation of media laws and the strengthening of the independence of the country’s Regulatory Body for Electronic Media; welcomes the renewed efforts to adopt a media strategy to create a pluralistic media environment, and stresses, in this regard, the importance of a transparent and inclusive consultation with stakeholders; underlines the need for complete transparency in media ownership and funding;
Amendment 180 #
2018/2146(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the adoption of an action plan for the realisation of the rights of national minorities, and the adoption of a decree establishing a fund for national minorities; calls for the full implementation of the action plan and for improved coordination and inclusion of stakeholders; notes that the fund for national minorities is functioning and that its funding has been increased; reiterates its call on Serbia to ensure consistent implementation of legislation on the protection of minorities, including in relation to education, the use of languages, representation in public administration and access to media and religious services in minority languages; calls for full implementation of the right to timely birth registration for all children born in Serbia, including those of undocumented parents;
Amendment 197 #
2018/2146(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption of the new Roma social inclusion strategy for the period 2016-2025 along with an action plan covering education, health, housing and employment; calls for full implementation of the new strategy for Roma inclusion and the action plan; highlights the importance of formulating policies that will combat discrimination against Roma and Anti-Gypsism;
Amendment 213 #
2018/2146(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; notes the adoption of a prosecutorial strategy for investigation and prosecution of war crimes and calls on Serbia to implement effectively all foreseen activities; welcomes the appointment in May 2017 of a new war crimes prosecutor; reiterates its call for the efficient and dedicated implementation of thise National strategy, in particular by means of bringing forward indictments, and for the adoption of an operational prosecutorial strategy; calls for effective investigation of high-profile war crimes cases; calls on Serbia to again cooperate fully with the current Mechanism for International Criminal Tribunals; urges the Serbian authorities to continue working on the issue of the fate of missing persons and to cooperate fully with its regional partners in war crime cases; urges the Serbian authorities to express their political commitment to dealing with the consequences of armed conflicts; urges the Serbian authorities to continue working on the issue of the fate of missing persons; urges Serbia to prepare a reparations scheme for victims and their families as an important precondition for reconciliation; points out that a new law on civilian victims should be adopted without any undue delay; highlights the importance of the work carried out by the Regional Youth Cooperation Office (RYCO) and its local branches in promoting reconciliation among the youth;
Amendment 231 #
2018/2146(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on Serbia to implement fully the connectivity reform measures in the energy sector; encourages Serbia to develop competition in the gas market and to fulfil the corresponding obligations regarding unbundling as foreseen by the Third Energy Package; welcomes the country’s efforts to promote investments in the fields of energy efficiency and renewable energy;
Amendment 236 #
2018/2146(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Expresses its deep concern at the alarming level of air pollution in Serbia whereby, according to World Health Organisations data, in 2016 some 6500 people died of respiratory ailments; calls, in this regard, on the Serbian authorities to adopt the necessary short-term measures to tackle this situation and to reform effectively in the medium and long-term transport and mobility policies in the big cities;
Amendment 7 #
2018/2108(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. Whereas according to a 2015 Eurobarometer survey, less than 20% of citizens were aware of their rights regarding cross-border healthcare;
Amendment 8 #
2018/2108(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. Whereas according to the 2015 Commission report on the operation of Directive2011/24/EU on the application of patients’ rights in cross-border healthcare, it remains difficult for citizens to find out how they can use their rights in terms of cross-border healthcare;
Amendment 20 #
2018/2108(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that collection of data is not comparable from one Member State to another; encourages therefore the Commission to establish a common framework to assess properly the benefits of Directive2011/24/EU and allow comparison between Member States;
Amendment 35 #
2018/2108(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of comprehensive, easy-to-understand and easy-to-access information to patients about their rights and the procedures, costs and reimbursement rates in cross-border healthcare within the framework of Directive 2011/24/EU; invites the Commission to take measures to increase patients’ awareness about their rights and about the National Contact Points.
Amendment 37 #
2018/2108(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights in this regard the key role of National Contact Points in providing information to patients on their rights, procedures, costs and reimbursements as well as complaint mechanisms in order to help them taking a decision; Calls therefore for the allocation of appropriate resources and staff in order to ensure their proper functioning and invite the Commission to define common guidelines for National Contact Points on the core information to be delivered to patients;
Amendment 1 #
2018/2104(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to Rules 52, 215 and 216(7) of its Rules of Procedure,
Amendment 2 #
2018/2104(INI)
Motion for a resolution
Recital A
Recital A
A. whereas 1 271 petitions were received in 2017 – compared to 1 569 in 2016 – of which 776 petitions (60.2 %) were considered admissible; whereas this represents one year more a significant decrease in the number of petitions received;
Amendment 4 #
2018/2104(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the number of petitions received was very modest in relation to the total population of the EU; whereas this indicates that aonly a small portion of EU citizens make use of the right to petition, taking into account the many actual and potential concerns or expectations within different fields of activity of the Union and in relation to its total population;
Amendment 8 #
2018/2104(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas petitioners wait some months for the petition to be adequately treated and to be given feedback, often including the response by the Commission following its first inquiry; whereas often this institutional response becomes disappointing to petitioners, and this eventually can cast some doubts on them about the real usefulness of the EU legislation and the institutions intended to ultimately ensure its implementation, particularly the Commission; whereas it is reasonable to assume that such dissatisfaction is experienced by citizens that initially have a positive image and trust in the Union, given that they decided to make use of the petition mechanism at the EU level;
Amendment 9 #
2018/2104(INI)
Motion for a resolution
Recital F
Recital F
F. whereas even though a portion of EU citizens are aware of the petition process, there is still a widespread lack of clarity about the EU’s field of activity, as demonstrated by the large number of inadmissible petitions (39 %); whereas the root causes of such a persisting figure over time need to be identified and deserve due attention aiming at its reduction;
Amendment 15 #
2018/2104(INI)
Motion for a resolution
Recital I
Recital I
I. whereas Parliament has long been at the forefront of the development of the petitions process internationally and has the most open and transparent petitions process in Europe, allowing petitioners to participate fulactively in its activities;
Amendment 17 #
2018/2104(INI)
Motion for a resolution
Recital J
Recital J
J. whereas active participation is only possible provided there is a democratic and transparent process that enables Parliament and the Committee on Petitions to render its work citizen-friendly and comprehensible; whereas this requires an aim of continuous improvement in the interaction with petitioners, keeping track and taking advantage, among others, of the implementation of new technological developments, as well as with other concerned citizens and residents, such as supporters of petitions through the Petitions web portal;
Amendment 20 #
2018/2104(INI)
Motion for a resolution
Recital K
Recital K
K. whereas petitions are a useful source of information with regard to detecting breaches of EU law, as well as its possible loopholes, and enable Parliament and other EU institutions to assess the transposition and application of EU law and its impact on EU citizens and residentsthe actual impact of its improper implementation on EU citizens and residents; whereas they can also provide insight on the absence of regulatory provisions in fields of activity where the EU could legislate;
Amendment 22 #
2018/2104(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas petitions represent an extra guarantee for EU citizens and residents compared to complaints directly to the Commission, as it involves the Parliament into the process and allows to better scrutinise the performance of the inquiry duties by the Commission, as well as provide transparent debates on the matter, with the presence of petitioners, Members of the European Parliament and the Commission, as well as any other concerned authority where appropriate;
Amendment 23 #
2018/2104(INI)
Motion for a resolution
Recital L
Recital L
L. whereas petitions often provide useful information in various EU policy areas to other parliamentary committees; whereas in return it is expected that the committees competent on subject matters of a petition will provide their expertise, with the aim of a due treatment of the petition that allows a meaningful response to it from the Parliament itself;
Amendment 29 #
2018/2104(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the information provided by citizens in petitions and during committee meetings – complemented by expertise provided by the Commission, the Member States and other bodies – is pivotal to the work of the committee; whereas in order to avoid any socio- economic discrimination, petitioners whose petition is to be debated in a public committee meeting and who are willing to participate in the discussion, should be entitled to a reimbursement of the related costs, under reasonable limits;
Amendment 34 #
2018/2104(INI)
Motion for a resolution
Recital R
Recital R
R. whereas 69.1 % of the petitions received (878 petitions) in 2017 were submitted via the Parliament’s Petitions Web Portal, as compared to 68 % (1 067 petitions) in 2016; whereas the predominance of this format and its expected increase over time could allow a quicker initial treatment of these petitions, provided they would be handled, from the beginning, by the Secretariat of the Committee on Petitions;
Amendment 35 #
2018/2104(INI)
Motion for a resolution
Recital S
Recital S
S. whereas petition summaries can now be uploaded on the Portal sooner – approximately one week after the Committee on Petitions reaches a decision on admissibility; whereas the automatic uploading of meeting agendas, minutes and Commission communications relating to petitions was introduced at the end of 2017, which has made these documents publicly available and increased the transparency of the work of the Committee on Petitions; whereas all these features strive towards the aim of providing a more interactive experience and real-time communication with the petitioners; whereas the frequently asked questions (FAQs) and privacy statement features were revised to reflect changes in the confidentiality provisions of the Rules of Procedure; whereas there have also been technical improvements, including further improvements to the search function and the introduction of a ‘read first’ page before a petition can be submitted, which contains information and advice for petitioners; whereas a large number of individual support requests have been handled successfully;
Amendment 37 #
2018/2104(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the Committee on Petitions considers the European Citizens’ Initiative an important instrument of direct and participatory democracy, that, if taken seriously, should enablinge citizens to become actively involved in the framing of European policies and legislation;
Amendment 42 #
2018/2104(INI)
Motion for a resolution
Recital V
Recital V
V. whereas pursuant to the Rules of Procedure, the Committee on Petitions is responsible for relations with the European Ombudsman, who investigates complaints about maladministration within the institutions and bodies of the European Union; whereas the current European Ombudsman, Emily O’Reilly, presented her Annual Report for 2016 to the Committee on Petitions at its meeting on 30 May 2017, and the annual report of the Committee on Petitions is, in turn, partly based on the Ombudsman’s annual report, or the submission of Special Reports to the Parliament, the latest being on the Transparency of the decision-making of the Council;
Amendment 51 #
2018/2104(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is concerned with the ongoing trend of decrease in the total number of petitions received yearly and the possible cause being that citizens and residents may not be perceiving a tangible outcome of the treatment of submitted petitions; considers that this would be harmful for the public perception of the Union as such and that the matter needs to be addressed by all the insitutions involved;
Amendment 54 #
2018/2104(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of raising awareness through a continuous public debate about the actual competences of the EU, its limits and its futurefunctioning and its need for future improvements, in order to ensure that citizens are well informed about the levels at which decisions are taken and so that they can be also involved in discussions about possible reforms; considers that a broader public debate about the EU and everyday media reporting would reduce the number of inadmissible petitions, as citizens would be better aware of the competences of the EU; emphasises that the subject matter of an inadmissible petition can play an important role for policymaking even though it falls outside the scope of the Committee;
Amendment 59 #
2018/2104(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that admissibility should be determined on technical basis grounded strictly by clear legal criteria according to Article 227 TFEU; opposes any politically driven decisions concerning inadmissibility, as this is contrary to the current primary law provisions and eventually creates confusion and disaffection from citizens; stresses that more pedagogy needs to be made on the actual fields of activity of the Union;
Amendment 65 #
2018/2104(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points to the successful launch of the petitions network on 21 March 2017, attendconformed by members from all parliamentary committees, at which the network’s guidelines were presented and its purpose and the role of its members outlined; points out that a second meeting of the petitions network took place on 10 October 2017; is convinced that, if taken duly seriously, the petitions network is a useful tool for a better follow-up of petitions in parliamentary and legislative work; regrets the low attendance by Members of different committees in its latest meetings, and considers it important to use the meetings to discuss possible procedural improvements and share best practices of interaction between committees, in order to encourage them and rise the standards; looks forward to the publication by the Policy Department of the Study on the current functioning of the cooperation of the different committees with the Committee on Petitions; underlines the fact that enhanced cooperation with parliamentary committees on issues raised by petitioners shall enables Parliament to provide a better and individualised follow- up to petitions and respond much more swiftly, concretely and efficientectively to citizens’ concerns, delivering added value to the lives of EU citizens, and to the activities of Parliament and Europe as a whole;
Amendment 71 #
2018/2104(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the fact that the petitions that the Committee on Petitions receives are handled swiftly and with great care by its SecretariatConsiders that in order to ensure full consistency between the treatment of different petitions the petitions received should be entirely handled by the Committee on Petitions, and that, to this effect, its Secretariat be allocated more resources; underlines the fact that the Committee’s guidelines, adopted in January 2016, make the treatment of petitions and the decision- making process transparent and clear;
Amendment 75 #
2018/2104(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Suggests that the Petitions Committee should be provided with the technical and administrative capacity to provide its own particular reply to each petition, as well as to perform own inquiries on petitions on behalf of the Parliament, particularly concerning relevant petitions and where Members have discrepancies with the conclusions of the Commission's own inquiries;
Amendment 80 #
2018/2104(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Expects the Commission to be always duly represented during the public debates within the Committee on Petitions, namely by high-ranked officials who can provide additional information and respond to the requests of petitioners and Members of the European Parliament, beyond the scope of the previously provided written reply if necessary;
Amendment 82 #
2018/2104(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. DWelcomes the increasing trend of the Committee on Petitions to raise issues to the plenary, by means of oral questions, resolutions or short motions for resolutions in accordance with Rule 261(2) of its Rules of Procedure; draws attention to its resolutions that were adopted following the publication of the Annual Report on the Committee on Petitions’ activities in 20162 , the Annual Report on the European Ombudsman’s work in 20163 and the EU Citizenship report 20174 ; _________________draws attention to its resolution on obstacles to EU citizens’ freedom to move and work in the internal market adopted on 15 March 20171a; _________________ 1a Texts adopted, P8_TA(2017)0083 2 Texts adopted, P8_TA(2017)0502. 3 Texts adopted, P8_TA(2017)0449. 4 Texts adopted, P8_TA(2017)0487.
Amendment 83 #
2018/2104(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes the hearings on multiple and diverse topics organised by the Committee on Petitions during 2017, alone or in cooperation with other committees, namely on "Fighting against discrimination and protecting minorities" on 4th May, on "The situation and rights of EU Citizens in the UK" following the Brexit, on 11th May together with EMPL and LIBE committees, on "Restoring citizens' confidence and trust in the European Project" on 22nd June, on "Statelessness" on 29th May together with LIBE committee, and on the "Protection of the rights of workers in temporary or precarious employment" on 22nd November; welcomes as well that the yearly workshop on the Protection of the Rights of Persons with Disabilities took place on 12th October 2017;
Amendment 85 #
2018/2104(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Reiterates its disagreement to the unilateral approach adopted by the Commission since its communication 'EU law: Better results through better application'1a, whereby it essentially leaves to the national courts the bulk of the responsibility to monitor possible breaches of EU legislation except in systemic breaches; finds too much ambiguity in the interpretation of this notion and considers particularly nocive such an approach within the domain of environmental legislation; considers it a regression from the previous approach to EU environmental legislation implementation and an overall inhibition from its duties of Guardian of the Treaties; _________________ 1a OJ C 18, 19.1.2017, p. 10
Amendment 93 #
2018/2104(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates its opinion that a too narrow and incoherent interpretation of Article 51 of the Charter of Fundamental Rights alienates citizens from the EU; asks the Commission to come forward with measures that will ensure a coherent and extensive application of the scope of Article 51; considers that this article should be abolished in the next treaty reform;
Amendment 99 #
2018/2104(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that the European Citizens’ Initiative should be both transparent and effective in order to serve as an important instrument for active citizenship and public participation; welcomregrets that this has not been the case in the past and that no tangible legislative outcome of previously successful initiatives has taken place; notes the Commission’s proposal for the revision of Regulation (EU) No 211/2011 on the European citizens’ initiative15 , published on 13 September 2017; highlights the most recent successful citizens’ initiative to be submitted, entitled ‘Ban glyphosate and protect people and the environment from toxic pesticides’; points to the public hearing on this initiative in Parliament on 20 November 2017; expects a consequent reaction by the Commission in regard to its content; _________________ 15 OJ L 65, 11.3.2011, p. 1.
Amendment 106 #
2018/2104(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines the importance of further developing the Petitions Portal and the need to make it an easily accessible two-way communication gateway for petitioners and to further minimise the administrative burden in how petitions are processed; reminds that the portal also serves the function of a public register of petitions; reiterates that an enhanced technical capacity of the Portal is essential for a smooth petition process; stresses the need to improve communication with petitioners by sending them notifications on the progress of their petition in their own language; considers that supporters having expressed their endorsement and interest in petitions are entitled to receive the same feedback and information than petitioners, particularly when it comes to debates in the Parliament or replies by the Commission or other authorities;
Amendment 8 #
2018/2056(INI)
Motion for a resolution
Recital D
Recital D
D. whereas under Directive 2011//7/EU (Late Payment Directive), public authorities bear a ‘special responsibility’10 in fostering a business environment supportive of timely payments; _________________ 10whereas, despite this special responsibility, late payments should be fought regardless of whether the debtor belongs to the public or the private sector; _________________ 10 Recital 6 of Directive 2011/7/EU. Recital 6 of Directive 2011/7/EU.
Amendment 9 #
2018/2056(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Late Payment Directive provides inter alia for payment periods for business-to-business (B2B) and public authority-to-business (PA2B) transactions, automatic entitlement to interest for late payment, a minimum of EUR 40 in compensation for recovery costs, and statutory interest of at least 8 % above the European Central Bank’s reference rate; whereas a more uniform set of rules aimed at achieving a reasonable level of compensation, simplifying what creditors and debtors can expect in terms of recovery costs and involving an increase in the statutory interest rate for late payment would ensure that all debtors are treated fairly and subject to proportionate but dissuasive penalties;
Amendment 37 #
2018/2056(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in sectors particularly vulnerable to long payment terms, Member States could consider establishing stricter payment terms; notes that some Member States have limited the standard payment term to 30 days (instead of the 60 days set out in the Late Payment Directive), while only a few Member States have introduced maximum payment terms (from which the parties cannot derogate); notes furthermore that at sector level the introduction of maximum payment terms is more common; considers that legislation setting out stricter payment terms would be effective in reducing payment terms to some extent and, provided that it is enforced, would create a level playing field between large and small companies; believes that legislation defining payment terms differentiated by category of products or services is relevant in promoting fair practices and addressing sectoral specificities; points out however that a more uniform and simplified set of rules would clarify what creditors and debtors can expect in case of late payment and thereby improve predictability of their economic activities; considers appropriate to increase slightly the statutory interest for late payment, for instance up to nine points of percentage instead of eight;
Amendment 68 #
2018/2056(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that, despite the fact that the Late Payment Directive was adopted in February 2011, thousands of SMEs and start-ups across Europe go bankrupt every year while waiting for their invoices to be paid, including by national public authorities; calls on the Commission and the Member States to consider mandatory forms of adequate compensation or offsetting for companies owed money by a public authoritydebtor, regardless of whether the debtor belongs to the public or the private sector, so that they are not forced to go bankrupt because of it;
Amendment 84 #
2018/2056(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and the Commission, in the light of the recent case law of the Court of Justice (Case C- 555/14), to take the necessary steps to ensure that public authoritieall debtors pay their suppliers on time and that creditors receive automatic interest and compensation when payments are late;
Amendment 88 #
2018/2056(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 5 #
2018/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas when promoting, selling or supplying products, companies should provide consumers with accurate informaand easy- to-understand information on the exact product composition to enable them to make an informed buying decision;
Amendment 7 #
2018/2008(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a key principle for brands should be the confidence that consumers put in the composition, value and quality of a product, manufacturers should ensure that their expectations are lived up;
Amendment 24 #
2018/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that results of various tests conducted in several Member States have proven that there are differences between products which are advertised and distributed in the single market under the same brand and with the same packaging with varying prices; points out that these results cause concern that some Member States are treated differently from others;
Amendment 30 #
2018/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that the results of the tests show that same-branded products are often composed of lower-quality ingredients or differ significantly in its composition, i.e. less of the main ingredient or use of less-healthy ingredients; Stresses such differences in ingredients, often of a lower quality, can impact on a long term consumers' health;
Amendment 40 #
2018/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes, therefore, the recent initiatives announced by the Commission to address this issue, in particular its commitment to delivering a common testing methodology and allocating a budget for its preparation and enforcement and for collection of further evidence; reliable and comparable evidence; Underlines that various analyses have already been carried which could serve as a basis when designing the common testing methodology;
Amendment 50 #
2018/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note of the mandate given to the High Level Forum for a Better Functioning Food Supply Chain to address the issue of dual quality; encourages Member States and their competent authorities to actively participate in ongoing initiatives, including the development of aand integration in their working practices of a testing common methodology and collection of further evidence;
Amendment 72 #
2018/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note of the Commission Notice on the application of EU food and consumer laws to dual quality products; points outis concerned that the Notice’s step-by-step approach for the identification by national authorities of whether producers are in breach of EU law currently seems inapplicable; stresses the need for clarification of the concept of "product of reference";
Amendment 89 #
2018/2008(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that the aim of such methodology is to ensure the collection of reliable and comparable evidence by the Member States on a common basis to assess the extent of dual-quality products in the EU and propose adequate enforceable measures to ban such practice;
Amendment 93 #
2018/2008(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to stick to the timetable so that the results of the testing carried out under a common testing approach are made available and analysed by end of this year and shared with the public in order to raise awareness of consumers with regard to dual-quality of products;
Amendment 95 #
2018/2008(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to establish a public database in charge of registering same-branded products that are sold with a different composition within the Single Market in order for consumers to have access to the relevant information when making a buying decision;
Amendment 122 #
2018/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises the value of public debate that leads to increased consumer awareness about products and their characteristics; notes that some manufacturers and owners of private labels have already announced changes to recipes or the use of a single production standard at EU level; highlights the role of industry in improving transparency with regard to product composition;
Amendment 128 #
2018/2008(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that providing accurate and easy-to-understand information to consumers is key for tackling the issue of dual quality of products and calls therefore for the establishment of a clear labelling in order for same-branded products with different composition to be marketed under different labels that are clearly identifiable for the consumers; stresses that selling products with different composition or characteristics should only be fully justified by the sourcing of local ingredients or by effort to improve public health;
Amendment 133 #
2018/2008(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 139 #
2018/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites consumer organisations and other civil society's organizations to play an active role in the public debate and in informing consumers;
Amendment 149 #
2018/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the experiences of competent authorities thus far suggest that they have been unable individually to tackle effectively any specific cases of dual quality at national level; stresses the need for further cooperation and data-sharing between competent authorities;
Amendment 160 #
2018/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Draws attention to the fact that the issue of dual quality is directly related to the essence of the functioning of the single market and consumer trust and therefore requires a solution at Union level, preferably via directly enforceable measures; is convinced that given the possibility of action at national level, Union-level action would safeguard the integrity of the single market;
Amendment 162 #
2018/2008(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for action to be taken at EU level by conferring the tasks to an existing agency or dedicated new unit to monitor, analyse and publish the findings of tests based on the common methodology via a public database, as well as ensure the cooperation among national competent authorities and support them in their enforcement duties;
Amendment 172 #
2018/2008(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Welcomes the amendment to the 2005/29/EC Directive by introducing dual quality of products as a misleading practice in its Article 6; Regrets however that the Commission did not take this opportunity to amend the Annex I of the 2005/29/EC Directive that defines the practices prohibited in all circumstances and make it a non-exhaustive list;
Amendment 89 #
2018/0254(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) support highly efficient collaborative research projects that could significantly boost the performance of future capabilities, aiming at maximising innovation and introducing new defence products and technologies, including disruptive ones;
Amendment 92 #
2018/0254(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) support highly efficient collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy, apability Development Plan (CAP),thus contributing to greater efficiency of defence spending within the Union, achieving greater economies of scale, reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the Union. Ultimately, the Fund will lead toshall seek greater interoperability between Member States' capabilities.
Amendment 94 #
2018/0254(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the European Defence Fund for the period 2021 – 2027 shall be EUR 139 000 000 000 in current prices.
Amendment 96 #
2018/0254(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) up to EUR 43 100 000 000 for research actions;
Amendment 98 #
2018/0254(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) up to EUR 85 900 000 000 for development actions.
Amendment 99 #
2018/0254(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 101 #
2018/0254(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 105 #
2018/0254(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 109 #
2018/0254(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. PAll proposals shall be systematically screened ex-ante to identify those actions raising complex or serious ethics issues and submit them to an ethics assessmentx-ante ethics impact assessment. This review must extend beyond the narrow confines of privacy and data protection take into account the broader societal impacts of the underlying security R&D agenda. Proposals that raise substantial ethical and/or societal impact concerns must be subject to enhanced scrutiny and control. In particular each project under that call will be subject to ethical review. Ethics screenings and assessments shall be carried out by the Commission with the support of experts on defence ethicsindependent experts with various background, including from civil society. The Commission shall ensure the transparency of the ethics procedures as much as possiblend report every six months to the European Parliament.
Amendment 119 #
2018/0254(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 140 #
2018/0254(COD)
1 a. Only research and development actions shall be eligible for funding under this Programme as far as it is provided, that identical or similar national or bilateral research and developments actions are terminated prior to the launch of the action(s) under this Programme. A maximum of 75% of the amounts referred to in paragraph 2 (a) and2(b) under Article 4 shall be available for such actions
Amendment 145 #
2018/0254(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Unless otherwise provided for in the work programme referred to in Article 27, tThe action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different Member States and/or associated countries. At least three of these eligible entities established in at least two Member States and/or associated countrThe eligible entities shall not, during the whole implementation of the action, be effectively controlled, directly or indirectly, by the same entity, and shall not control each other.
Amendment 153 #
2018/0254(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Paragraph 4 shall not apply to for actions referred to in points c) and j) of paragraph 3 and to actions referred to in Article 6.
Amendment 154 #
2018/0254(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
Amendment 156 #
2018/0254(COD)
Proposal for a regulation
Article 11 – paragraph 6 b (new)
Article 11 – paragraph 6 b (new)
6 b. Actions which contribute directly or indirectly to the production of armed unmanned aerial vehicles or their parts, including components, software, artificial intelligence features, and any relevant dual-use technologies shall be excluded so long as no Council Decision on the use of such new military technology exists which upholds international human rights law and international humanitarian law and which addresses issues such as a legal framework, proportionality, protection of civilians and transparency.
Amendment 157 #
2018/0254(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 175 #
2018/0254(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. With regard to results generated by recipients, the Commission shall be notified ex-ante, at least six weeks before, of any transfer of ownership or grant of a licence to non-associated third countries. Such transfer of ownership or granting of a licence shall not contravene the defence and security interests of the Union and its Member States, the eight criteria of Common Position 2008/944/CFSP, Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items, EU restrictive measures inforce or the objectives this Regulation as set out in Article 3, otherwise it will, among other measures, necessitate reimbursement of the funding provided under the Fund.
Amendment 179 #
2018/0254(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission shall adopt the work programmes by means of implementingdelegated acts in accordance with the procedure referred to in Article 28 paragraph 2. The work programmes shall set out in detail the categories of projects to be included in the Programme as well as the commitment of the Member States for financing their implementation. These work programmes shall be in line with the objectives set out in Article 3.
Amendment 183 #
2018/0254(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall be assisted by a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency, the European Parliament, civil society and academia shall be invited as an observers to provide itstheir views and expertise. The European External Action Service shall also be invited to assist.
Amendment 184 #
2018/0254(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1 a. The Commission shall establish an Advisory Group composed of independent experts, academia and civil society organisations to provide advice to the Committee in particular on the compatibility of technology supported by this Programme with a view on moral, ethical and international law obligations of both the Union and its Member States.
Amendment 189 #
2018/0254(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Independent experts shall be Union's citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as Ministries of Defence and subordinated agencies, research institutes, universities, civil society organisations, business associations or enterprises of the defence sector with a view to establishing a list of experts. By derogation from Article [237] ofIn compliance with the Financial Regulation, this list shall not be made public.
Amendment 192 #
2018/0254(COD)
Amendment 193 #
2018/0254(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The Committee referred to in Article 28 and the European Parliament shall be informed annually on the list of experts.
Amendment 194 #
2018/0254(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Independent experts shall be chosen only by the European Commission on the basis of their skills, experience and knowledge appropriate to carry out the tasks assigned to them.
Amendment 199 #
2018/0254(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The power to adopt delegated acts referred to in Articles27(2) and 31 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 200 #
2018/0254(COD)
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. A delegated act adopted pursuant to Articles 27(2) and 31 shall enter into force only if no objection has been expressed either by the European Parliament or by 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.
Amendment 79 #
2018/0247(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Assistance should also be provided in compliance with the agreements concluded by the Union with the beneficiaries listed in Annex I. Assistance should mainly focus on assisting the beneficiaries listed in Annex I to strengthen democratic institutions and the rule of law, reform the judiciary and public administration, respect fundamental rights and promote gender equality, tolerance, social inclusion and non-discrimination. Assistance should also support the key principles and rights as defined in the European Pillar of Social Rights.17 Assistance should continue to support their efforts to advance regional, macro-regional and cross-border cooperation as well as territorial development, including through implementation of Union macro-regional strategies. It should also enhance their economic and social development and economic governance, underpinning a smart, sustainable and inclusive growth agenda, including through implementation of regional development, agriculture and rural development, social and employment policies and the development of the digital economy and society, also in line with the flagship initiative Digital Agenda for the Western Balkans. As regards rural development and agriculture it is of particular importance to also sustain and promote regional cooperation structures. _________________ 17 European Pillar of Social Rights solemnly proclaimed by the European Parliament, the Council and the Commission at the Gothenburg Social Summit for Fair Jobs and Growth, Gothenburg 17 November 2017.
Amendment 82 #
2018/0247(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Assistance should also be provided in compliance with the agreements concluded by the Union with the beneficiaries listed in Annex I. Assistance should mainly focus on assisting the beneficiaries listed in Annex I to strengthen democratic institutions and the rule of law, reform the judiciary and public administration, respect fundamental rights and promote gender equality, tolerance, social inclusion and non-discrimination, in particular people in vulnerable situations. Assistance should also support the key principles and rights as defined in the European Pillar of Social Rights.17 Assistance should continue to support their efforts to advance regional, macro-regional and cross-border cooperation as well as territorial development, including through implementation of Union macro-regional strategies. It should also enhance their economic and social development and economic governance, underpinning a smart, sustainable and inclusive growth agenda, including through implementation of regional development, agriculture and rural development, social and employment policies, reducing poverty, regional imbalances and social exclusion, and the development of the digital economy and society, also in line with the flagship initiative Digital Agenda for the Western Balkans. _________________ 17 European Pillar of Social Rights solemnly proclaimed by the European Parliament, the Council and the Commission at the Gothenburg Social Summit for Fair Jobs and Growth, Gothenburg 17 November 2017.
Amendment 87 #
2018/0247(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) In addition to the beneficiaries listed in Annex I, financial assistance under this Regulation could also be granted to the Cypriot community living in the part of Cyprus where the Union acquis is suspended with the aim of facilitating a comprehensive settlement leading to the reunification of Cyprus.
Amendment 93 #
2018/0247(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Enhanced strategic and operational cooperation between the Union and the beneficiaries listed in Annex I on security is pivotal to addressing effectively and efficiently security, organised crime and terrorism threats.
Amendment 95 #
2018/0247(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is essential to further step up cooperation on migration including border management and to promote social protection and social inclusion, ensuring access to international protection, sharing relevant information, strengthening the development benefits of migration, facilitating legal and labour migration, enhancing border control and pursuing our effort in the fight against irregular migration, trafficking in human beings and migrant smuggling as well as access to affordable, sustainable services such as early child education and care, housing, healthcare and essential social services and long term care.
Amendment 100 #
2018/0247(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Strengthening the rule of law, ensuring the independence of the judiciary, including the fight against corruption and organised crime, and good governance, including public administration reform, providing support for human rights defenders and civil society organisations, monitoring compliance with the rule of law and defence to whistle-blowers remain key challenges in most of the beneficiaries listed in Annex I and are essential in order for beneficiaries to come closer to the Union and later to fully assume the obligations of Union membership. In view of the longer-term nature of the reforms pursued in those areas and the need to build up track records, financial assistance under this Regulation should address the requirements placed on the beneficiaries listed in Annex I as early as possible.
Amendment 106 #
2018/0247(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The beneficiaries listed in Annex I need to be better prepared to address global challenges, such as sustainable development and climate change, and align with the Union's efforts to address those issues. Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the Sustainable Development Goals (SDGs), this Programme should contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives. Actions under this Programme are expected to contribute at least 16 % of the overall financial envelope of the Programme to climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and the overall contribution from this Programme should be part of relevant evaluations and review processes.
Amendment 131 #
2018/0247(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to take account of changes in the enlargement policy framework or of significant developments in the beneficiaries listed in Annex I, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adapting and updating the thematic priorities for assistance listed in Annexes II and III. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert and civil society level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 143 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of IPA III shall be to support the beneficiaries listed in Annex I in adopting and implementing the political, institutional, legal, administrative, social and economic reforms required by those beneficiaries to comply with Union values and to progressively align to Union rules, standards, policies and practices with a view to Union membership, thereby contributing to their peace, stability, security and prosperity.
Amendment 149 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) To strengthen the rule of law, democracy, the respect of human rights, including the rights of persons belonging to minorities, gender equality, fundamental rights and international law, civil society, peace and security, the respect for cultural diversity, non- discrimination and tolerance as well as improve migration management including border management;
Amendment 155 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(a a) to promote inclusive and integrated education by paying special emphasis on preventing ethnic-based separation in schools, narrowing the gender gap, providing early childhood education and preventing early school leaving, thus aiming at reducing ethnic, social and regional disparities;
Amendment 160 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) To shape the rules, standards, policies and practices of the beneficiaries listed in Annex I in alignment to those of the Union and to reinforce reconciliation, both internally and externally, and good neighbourly relations, as well as peace- building and conflict prevention, including through people to people contacts, freedom of the media and communication;
Amendment 167 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) To strengthen economic and social development including through increased connectivity and regional development, agriculture and rural development and social and employment policies, reducing poverty, regional imbalances and social exclusion,to reinforce environmental protection, increase resilience to climate change, accelerate the shift towards a low- carbon economy and develop the digital economy and society.
Amendment 170 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) To strengthen economic and social development including through increased connectivity, also via regional cooperation structures, and regional development, agriculture and rural development and social and employment policies, to reinforce environmental protection, increase resilience to climate change, accelerate the shift towards a low-carbon economy and develop the digital economy and society.
Amendment 171 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d a (new)
Article 3 – paragraph 2 – point d a (new)
(d a) Enhancing economic, social and territorial cohesion by strengthening the capacities of community-based initiatives and engaging local and regional beneficiaries, as well as by supporting adequate sectoral and enterprise structures, SMEs at those levels and investment in rural areas;
Amendment 172 #
2018/0247(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d b (new)
Article 3 – paragraph 2 – point d b (new)
(d b) To strengthen social protection and social inclusion, including by promoting equal opportunities and addressing inequalities, ensuring access to international protection, facilitating legal and labour migration and integrating marginalised communities.
Amendment 212 #
2018/0247(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Programmes and actions under this Regulation shall mainstream climate change, environmental protection, conflict prevention, peaceful conflict resolution and gender equality and shall, where applicable, address interlinkages between Sustainable Development Goals34 , to promote integrated actions that can create co-benefits and meet multiple objectives in a coherent way. _________________ 34 https://ec.europa.eu/europeaid/policies/sust ainable-development-goals_en
Amendment 219 #
2018/0247(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. When preparing, implementing and monitoring assistance under this Regulation, the Commission shall in principle act in partnership with the beneficiaries listed in Annex I. The partnership shall include, as appropriate, competent national and local authorities, as well as civil society organisations. Coordination among the relevant stakeholders shall be encouraged by the Commission. The capacities of civil society organisations shall be strengthened, including, as appropriate, as direct beneficiaries of assistance.
Amendment 222 #
2018/0247(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4 b. The Commission, in liaison with Member States, shall contribute to the implementation of Union commitments towards increased transparency and accountability in the delivery of assistance, including by publicly disclosing information on assistance volume and allocation, ensuring that data is internationally comparable and can be easily accessed, shared and published.
Amendment 242 #
2018/0247(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The IPA programming framework shall include indicators for assessing progress with regard to attainment of the targets set therein, inter alia progress and the establishment of track records in the areas of: · strengthening democracy, the rule of law and an independent and efficient justice system, · respect for human rights, including the rights of persons belonging to minorities and vulnerable groups, fundamental freedoms, · gender equality and women's rights, · the fight against corruption and organised crime, · reconciliation, peace-building, good neighbourly relations, · freedom of the media, · cultural diversity.
Amendment 246 #
2018/0247(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. The Commission shall include progress against those indicators in its annual reports.
Amendment 249 #
2018/0247(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Suspension of Union assistance 1. Where a beneficiary fails to respect the principle of democracy, the rule of law, human rights or fundamental freedoms or violates the commitments taken in the relevant agreements concluded with the Union, the Commission shall be empowered, in accordance with Article 14, to adopt a delegated act to amend Annex I to this Regulation in order to suspend or partially suspend Union assistance. In the event of a partial suspension, the programmes for which the suspension applies shall be indicated. 2. Where the Commission finds that the reasons justifying the suspension of assistance no longer apply, it shall be empowered to adopt a delegated act, in accordance with Article 14 to amend Annex I in order to reinstate Union assistance. 3. In cases of suspension, Union assistance shall primarily be used to support civil society organisations and non state actors for measures aimed at promoting human rights and fundamental freedoms and supporting democratisation and dialogue processes in partner countries
Amendment 349 #
2018/0247(COD)
Proposal for a regulation
Annex II – paragraph 1 – point i
Annex II – paragraph 1 – point i
(i) Promoting social protection and inclusion and combating poverty. Interventions in this area shall aim at modernising social protection systems to provide effective, efficient, and adequate protection throughout all stages of a person’s life, fostering social inclusion, promoting equal opportunities and addressing inequalities and poverty. Interventions in this area shall also focus on: ensuring access to international protection, facilitating legal and labour protection and integrating marginalised communities such as migrants and the Roma; combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation; enhancing access to affordable, sustainable and high quality services, such asfamily and community based services, such as inclusive and non- segregated early childhood education and care, housing, healthcare and essential social services and long term care, including through the modernisation of social protection systems. Actions that contribute to any form of segregation or social exclusion should not be supported.
Amendment 370 #
2018/0247(COD)
Proposal for a regulation
Annex III – paragraph 1 – point b
Annex III – paragraph 1 – point b
(b) protecting the environment and promoting climate change adaptation and mitigation, risk prevention and management through, inter alia: joint actions for environmental protection; promoting agriculture, regional development and relevant regional cooperation structures; promoting sustainable use of natural resources, coordinated maritime spatial planning, resource efficiency and circular economy, renewable energy sources and the shift towards a safe and sustainable low-carbon, green economy; promoting investment to address specific risks, ensuring disaster resilience and disaster prevention, preparedness and response;
Amendment 381 #
2018/0247(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 a (new)
Annex IV – paragraph 1 – point 1 a (new)
1 a. Composite indicator on partners’ efforts related to reconciliation, peace- building, good neighbourly relations and gender equality and women’s rights.
Amendment 382 #
2018/0247(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 b (new)
Annex IV – paragraph 1 – point 1 b (new)
1 b. Absence of violence indicator in conjunction with reductions in drivers of conflict (e.g. political or economic exclusion) built on a baseline assessment.
Amendment 45 #
2018/0231(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The internal market is a cornerstone of the Union. Since its inception, it has proved a major contributor to growtheconomic development and prosperity, competitiveness and employment. It has generated new opportunities and economies of scale for European businesses, notably micro, small and medium sized enterprises (SMEs), and strengthened their industrial competitiveness. The internal market contributed to the creation of jobs and offered greater choice at lower prices for consumersdiversification for consumers in terms of products and services offered. It continues to be an engine for building a stronger, more balanced and fairer economy. It is one of the Union's major achievements and its best asset in an increasingly global world and a core element in achieving the transformation into a net-zero carbon emission, resource- and energy-efficient sustainable economy to respond to the increasing pressure of climate change and overuse of natural resources.
Amendment 48 #
2018/0231(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The internal market has to continuously adapt to a rapidly changing environment of digital revolution and, globalisation. A new era of digital innovation continues to provide opportunities for businesses and individuals, creates new products and and the increasing pressures of climate change and overuse of natural resources. A new era of digital and climate-friendly eco-innovation should provide opportunities for businesses and individuals, lead to the creation of new sustainable, more resource- and energy- efficient products and services as well as business models but equally constitutes a challenge to regulation and enforcement.
Amendment 50 #
2018/0231(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The substantial body of Union legislation underpins the functioning of the internal market. This concerns, in particular, competitiveness, standardisation, consumer protection, environmental protection, energy transition, market surveillance and food chain regulation but also rules concerning business, trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market.
Amendment 56 #
2018/0231(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Still, unjustified barriers to the proper functioning of the internal market remain and the new obstacles emerge. Adopting rules is only a first step, but making them work is as important. This is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and ability to create jobs and growth while protecting the public interest.
Amendment 58 #
2018/0231(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Several programmes for Union action exist currently in the fields of competitiveness of enterprises including SMEs, consumer protection, customers and end-users in financial services, policy making in financial services and food chain. Some additional activities are financed directly under the internal market budget lines. It is necessary to streamline and exploit synergies between various actions and provide for a more flexible and agile framework to finance activities aiming to achieve a well-functioning internal market in the most cost-efficient mannerand sustainable internal market that is efficient, affordable, consumer-centric and takes into consideration environmental, social and governance factors. It is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines. The programme should also include new initiatives which aim to improve the functioning of the internal market.
Amendment 64 #
2018/0231(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is therefore appropriate to establish a Programme for the internal market, competitiveness of enterprises, includingand sustainability of enterprises, with particular attention to micro, small and medium-sized enterprises, and European statistics (the 'Programme'). The Programme should be established for the duration of seven years from 2021 to 2027.
Amendment 66 #
2018/0231(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Programme should support the design, implementation and enforcement of Union legislation underpinning the proper functioning of the internal market. The Programme should support the creation of the right conditions to empower all actors of the internal market: businesses, citizens including consumers, civil society and public authorities. To that end, the Programme should aim to ensure both the competitiveness and sustainability of businesses, notably SMEs, but also a high- level of consumer protection by supporting the enforcement of consumer protection and safety rules, as well as environmental and social standards and by raising the awareness of businesses and individuals by providing them with the right tools, the appropriate information and assistance, knowledge and competence to make informed decisions and strengthen their participation in Union’s policy- making. Furthermore, the Programme should aim to enhance regulatory and administrative cooperation, notably through training programmes, exchange of best practices, building of knowledge and competence bases, including the use of strategic public procurement. The Programme should also aim to support the development of high- quality international standards that underpin the implementation of Union legislation. This also includes standard setting in the field of financial reporting and audit, thereby contributing to the transparency and well-functioning of the Union’s capital markets and to enhancing investor protection. The Programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement. The objective of the Programme should also be to support the implementation and enforcement of Union legislation providing for a high level of health for humans, animals and plants along the food chain and the improvement ofguarantee the welfare of animals.
Amendment 71 #
2018/0231(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) A modern internal market promotes competition and, benefits consumers, businesses and by providing them highly-qualitative services of general interest, creates the right conditions for businesses while preserving employment and working conditions of employees. Making better use of the ever evolving internal market in services should help European businesses create jobs and grow across borders, offer wider choice of services at better prices, and maintain high standards for consumers and workers. To achieve this, the Programme should contribute to the removal of remaining unjustified barriers, and to ensure a regulatory framework that can accommodate new innovative business models whilst ensuring a high-level of social protection and fair working conditions.
Amendment 79 #
2018/0231(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) New regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution, concerning issues such as cybersecurity, internet of things or artificial intelligence and related ethical standards. Should damage occur, stringent rules on product safety and liability are essential to ensure a policy response that allows European citizens, including consumers and businesses, to benefit from such rules. The Programme should therefore contribute to the rapid adaptation and enforcement of a Union product liability regime which fosters innovation.
Amendment 83 #
2018/0231(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Placing on the market of products that are not compliant with Union law puts those who comply at disadvantage and may endanger consumers. Many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage. Market surveillance authorities are often underfunded and constrained by national boundaries, while entrepreneurs trade at Union or even global level. In particular, in the case of e-commerce, market surveillance authorities have great difficulties in tracing non-compliant products imported from third countries and identifying the responsible entity within their jurisdiction. The Programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs, intensifying compliance checks, including through systematic use of checks on samples of products representing significant percentages of each type of products placed on the market, and promoting closer cross-border cooperation among enforcement authorities. The Programme should also contribute to the consolidation of the existing framework for market surveillance activities, encourage joint actions of market surveillance authorities from different Member States, improve the exchange of information and promote convergence and closer integration of market surveillance activities.
Amendment 88 #
2018/0231(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Product safety is a common concern. The conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market. It is therefore of paramount importance that the conformity assessment bodies are reliable and competent. The Union has put in place a system of accreditation of the conformity assessment bodies, verifying their competence, impartiality and independence. The main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the Union. The Programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements, to systematically use third-party assessment in order to enhance impartial and independent procedures and to enhance the European accreditation system, in particular in new policy areas, by supporting the European co-operation for Accreditation (EA) referred to in Article 14 of Regulation (EC) No 765/2008 of the European Parliament and of the Council48 .
Amendment 91 #
2018/0231(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative, sustainable, inclusive and competitive internal market. Directive 2014/23/EU of the European Parliament and of the Council49 , Directive 2014/24/EU of the European Parliament and of the Council50 and Directive 2014/25/EU of the European Parliament and of the Council51 provide the legal framework for the integration and effective functioning of the public procurement markets representing 14% of Union’s gross domestic product, to the benefit of public authorities, businesses as well as citizens, including consumers. The Programme should therefore support measures to ensure a wider uptake of strategic public procurementPublic authorities, through their procurement policy, can establish and support markets for innovative goods and services. The Programme should therefore support measures to ensure a wider uptake of strategic public procurement, a more systematic use of environmental, social and fair trade criteria in awarding contracts such as the promotion of local food supply chains, the professionnalisation of public buyers, improved access to procurement markets for SMEs, particularly to further tap into the potential of green markets, increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects.
Amendment 98 #
2018/0231(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to meet the objectives of the Programme and to facilitate the lives of citizens and businesses, high-quality user- centric public services need to be put in place. This implies that public administrations will need to start working in new ways not requiring systematically the physical presence of users, bring down silos between the different parts of their administrations, and to engage in the co- creation of these public services with citizens and businesses. Moreover, the continuous and steady increase of cross- border activities in the internal market requires provision of up-to- date, easy-to- understand and accessible information on the rights of businesses and citizens, but also information explaining the administrative formalities as well as the possibility to complete administrative procedures online, thus further promoting e-government, while ensuring appropriate data privacy and protection. In addition, provision of legal advice and helping to solve problems which occur at cross national level becomes essential. Furthermore, connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary. The Programme should therefore support the following existing internal market governance tools: the Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway, Your Europe Advice, SOLVIT, the Internal Market Information system and the Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders.
Amendment 101 #
2018/0231(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Programme should support the development of the Union regulatory framework in the area of company law and corporate governance, as well as contract law, with a view to make business more efficient and competitive while providing protection for stakeholders affected by company operations, and to react to emerging policy challenges. It should also ensure appropriate evaluation, implementation and enforcement of the relevant acquis, inform and assist stakeholders and promote information exchange in the area. The Programme should further support the Commission's initiatives in favour of a clear and adapted legal framework for the data economy and innovation. Those initiatives are necessary to enhance legal certainty with regard to contractual and extra contractual law, in particular with regard to liability and ethics in the context of emerging technologies, such as internet of things, artificial intelligence, robotics, 3D Printing. The Programme should aim at stimulating the development of data-driven business whilst ensuring a high-level of privacy protection, as it will be decisive for the position of the Union economy in a global competition.
Amendment 116 #
2018/0231(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) European standards play an important role in the internal market. They are of vital interest for the competitiveness of undertakings, and especially SMEs. They are also a crucial tool to support Union legislation and policiey goals in a number of key areas such as energy, climate changeaccelerating the energy transition, tackling climate change, environmental protection, improved air quality, information and communication technology, sustainable use and recycling of resources, innovation, product safety, consumer protection, worker's safety and working conditions and ageing population, thus positively contributing to the society as a whole.
Amendment 121 #
2018/0231(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The achievement of a circular economy requires the involvement of all stakeholders by acting not only on the design and sale of goods but also by encouraging changes in business activities through innovative business models that respond to consumers expectations and consumption patterns evolving towards use, reuse and sharing of products, thereby helping to extend their lifetime and to create competitive, lasting and sustainable products. This programme should aim in assisting and empowering consumers in making sustainable choices through greater access to information on expected lifetime, durability and reparability of products that enables them to choose according to their needs, expectations and preferences, and through greater protection in case of early-failing of products, better known as “planned obsolescence”.
Amendment 124 #
2018/0231(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The Programme should aim to raise the awareness of consumers, businesses, civil society and authorities on Union consumer and safety laws and to empower consumers and their representative organisations at national level and at the Union level notably by supporting the Bureau Européen des Unions de Consommateurs (BEUC) which is the long established and recognised NGO representing consumer interests in relation to all relevant Union policies, and the European Association for the Co- ordination of Consumer Representation in Standardisation (ANEC) which represents consumers interest in relation to standardisation issues. In doing so, particular attention should be given to new market needs regarding the promotion of sustainable consumption andwith a particular attention on actions to tackle the issue of planned obsolescence of products, the prevention of vulnerabilities as well as challenges created by the digitisation of the economy or the development of new consumption patterns and business models. The Programme should support the development of relevant information on markets, policy challenges, emerging issues and behaviours, and the publication of the Union consumer scoreboards.
Amendment 130 #
2018/0231(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Citizens are particularly affected by the functioning of financial services markets. These are a key component of the internal market and require a solid framework for regulation and supervision which ensures not only financial stability and a sustainable economy taking effectively into account social, environmental and governance factors, but also provides a high level of protection to consumers and other financial services end users, including retail investors, savers, insurance policyholders, pension fund members and beneficiaries, individual shareholders, borrowers and SMEs. It is important to enhance their capacity to participate in policy making for the financial sector.
Amendment 133 #
2018/0231(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The general objective of Union law in the food chain area is to contribute to a high level of health for humans, animals and plants along the food chain, to support the improvement ofguarantee the welfare of animals, to contribute to a high level of protection and information for consumers and a high level of protection of the environment, including the preservation of biodiversity, while improving the sustainability of European food and feed productions, increasing quality standards across the Union, enhancing the competitiveness of the Union food and feed industry and favouring the creation of jobs.
Amendment 137 #
2018/0231(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Considering the specific nature of the actions concerning a high level of health for humans, animals and plants along the food chain special eligibility criteria concerning provision of grants and use of public procurement need to be provided in this Regulation. In particular, by way of derogation from Regulation (EU, Euratom) of the European Parliament and of the Council61 (the 'Financial Regulation'), as an exception to the principle of non-retroactivity, the costs for the emergency measures, due to their urgent and unforeseeable nature, should be eligible and include also costs incurred as a result of a suspected occurrence of a disease or pest provided that that occurrence is subsequently confirmed and notified to the Commission. The corresponding budgetary commitments and the payment of eligible expenditure should be made by the Commission, after signature of the legal commitments and after assessment of the payment applications submitted by the Member States. Where emergencies in the area of human, animal and plant health in the food chain can be tracked back to specific union practices, measures should be taken to revise these practices. Costs should also be eligible for protection measures taken in the case of a direct threat to the status of health in the Union as a result of the occurrence or development, in the territory of a third country, a Member State or overseas countries and territories, of certain animal diseases and zoonoses as well as in respect of protection measures, or other relevant activities, taken in support of the health status of plants in the Union.
Amendment 140 #
2018/0231(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Official controls carried out by the Member States are an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare. Union financial support should be made available for such control measures, especially where compliance with Union law as concerns the health and safety of humans, animals and plants is still deficient, such as live animal transport. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities.
Amendment 143 #
2018/0231(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Reflecting tThe importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, should be reflected in the next Multiannual Financial Framework and therefore this Programme should contribute to mainstream climate actions and to the achievement of an overall target of 25 50% of the Union budget expenditures supporting climate objectives, to achieve a net-zero carbon society by 2050 at the latest. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.
Amendment 150 #
2018/0231(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) To ensure regular monitoring and reporting, a proper framework for monitoring the actions and results of the Programme should be put in place from the very beginning. Such monitoring and reporting should be based on indicators, measuring the effects of the actions under the Programme against pre-defined baselines. A yearly report on its implementation should be made presenting progress achieved and planned activities and presented to the European Parliament.
Amendment 156 #
2018/0231(COD)
Proposal for a regulation
Recital 83
Recital 83
(83) The Programme should also be to ensure greater visibility and coherence of the Union’s internal market, competitiveness and sustainability of enterprises including SMEs and European statistics actions towards European citizens, businesses and administrations.
Amendment 157 #
2018/0231(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) It is appropriate to ensure a smooth transition without interruption between the programmes in the fields of competitiveness and sustainability of enterprises and SMEs, consumer protection, customers and end- users in financial services, policy making in financial services, food chain and European statistics, established by Regulation (EU) No 1287/2013, Regulation (EU) No 254/2014, Regulation (EU) 2017/826, Regulation (EU) No 258/2014, Regulation (EU) No 652/2014, Regulation (EU) No 99/2013 and this Programme, in particular regarding the continuation of multiannual measures and the evaluation of the previous programmes successes,
Amendment 161 #
2018/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the programme for improving the functioning of the internal market and, the competitiveness of enterprises, includingand sustainability of enterprises, paying particular attention to the needs of micro, small and medium-sized enterprises, and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the 'Programme').
Amendment 165 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) to improve the functioning of the internal market through a reinforcement of its legal social and environmental framework in line with EU’s long-term climate objectives towards a circular and net-zero carbon economy, and especially to protect and empower citizens, consumers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by raising awareness on EU single market and consumer protections rules, enforcement of Union law, facilitation of market access and improved access to finance, standard setting, and by promoting human, animal and plant health and taking measures to guarantee animal welfare; as well as to enhance cooperation between the competent authorities of Member States and between the competent authorities of Member States and the Commission and the decentralised Union agencies;
Amendment 175 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) making the internal market more effective, promoting local economic development and local sustainable value chains, facilitating the prevention and removal of obstacles, supporting the development, implementation and enforcement of the Union law, including social and environmental standards, in the areas of the internal market for goods and services, public procurement, market surveillance as well as in the areas of company law and contract and extra- contractual law, anti-money laundering, free movement of capital, financial services and competition, including the development of governance tools;
Amendment 182 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d – point i
Article 3 – paragraph 2 – point d – point i
(i) empowering, assisting and educating consumers, businesses and civil society; ensuring a high level of consumer protection, sustainable consumption an both on offline and online markets in line with technological developments and digitalisation, fostering sustainable consumption through enhanced information to consumers on specific characteristics and environmental impact of goods and services, and enhanced product safety notably by supporting competent enforcement authorities and consumer representative organisations and cooperation actions; ensuring that all consumers have access to redreseffective redress-mechanisms and; provision of adequate information on markets and consumers;
Amendment 221 #
2018/0231(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
Amendment 241 #
2018/0231(COD)
Proposal for a regulation
Article 17 – paragraph -1 (new)
Article 17 – paragraph -1 (new)
Amendment 243 #
2018/0231(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the startBy three years after the start of the implementation of the Programme, the Commission shall establish an interim evaluation report about the implementation of the Programme to assess the results of the actions supported in it and their impacts ofn the Programme implementationobjectives set out in this Regulation, and possibly propose a review of those.
Amendment 247 #
2018/0231(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. At the end of the implementation of the Programme, but nNo later than fourtwo years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission to assess the results of actions supported and their impacts on the objectives set out in this Regulation.
Amendment 250 #
2018/0231(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Commission shall communicate the conclusions of the evaluations accompanied by its observations,evaluation reports to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 276 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point iv
Article 2 – paragraph 1 – point b – point iv
(iv) promoting climate change adaptation, risk prevention and disaster resilience, including anti- seismic, and disaster resilience in particular eco-system based approaches;
Amendment 674 #
2018/0197(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In addition, the Cohesion Fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use and seismic retrofitting.
Amendment 173 #
2018/0090(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, marketing across Member States of products as being identical when, in reality, they have a significantly different composition or characteristics may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. of products as being seemingly identical or similar when, in reality, they have different composition or characteristics, without the consumer being clearly and comprehensively informed thereof, may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise. Assessments of whether different composition or characteristics exist may vary depending on the facts and circumstances of each case, but generally speaking, in cases where: one or more ingredients or their ratio in the product differs from another marketed product under the same or similar trademark or designation; this difference may change the economic behaviour of the average consumer, who would have taken a different purchasing decision where he was aware of such a difference. In order to assess whether the appearance is seemingly identical, any words, data, trademarks, brand names, illustrations or symbols relating to a particular product and placed on the package, the document, the inscription or the label in the field of vision most likely to be spotted by the consumer at first glance and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its trademark, shall be taken into account.
Amendment 185 #
2018/0090(COD)
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical to the same product marketed in several other Member Statesseemingly identical or similar to the another product marketed, where those products have significantly different composition or characteristics. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers,. When assessing a trader's right to adapt products of the same brand forto different geographical markets due to, taking into account legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as , the competent authority should examine whether traders' right to offer products of the same brand in packages of different weight or volume in different geographical marketshe consumer has been sufficiently, clearly and comprehensibly informed by the trader about such changes so that the difference is apparent at one glance.
Amendment 208 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as beof seemingly identical to the same product marketed in several other Member Statesappearance to another product, which is marketed with the same or similar trademark or designation, while those products have significantly different composition or characteristics;
Amendment 281 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Use of the same or seemingly identical designation for a product which is marketed in one Member State or in various Member States with a different composition, without that distinction being clearly and comprehensibly marked so as to be immediately visible to the consumer; with designation meaning any words, particulars, trademarks, brands, illustrations or symbols relating to a particular product, and which are placed on the package, document, inscription or label in the field of view, which the consumer shall most likely notice immediately when purchasing, and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its brand.”
Amendment 50 #
2018/0082(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Different operators are active in the agricultural and food supply chain at the stages of production, processing, importing, exporting, marketing, distribution and retail of, retail and sale to final consumers of agricultural and food products. The chain is by far the most important channel for bringing agricultural and food products from “farm to fork”. Those operators trade agricultural and food products, that is to say primary agricultural products, including fishery and aquaculture products, as listed in Annex I to the Treaty for use as food, and other food products not listed in that Annex but processed from agricultural products for use as food.
Amendment 52 #
2018/0082(COD)
Proposal for a directive
Recital 4
Recital 4
(4) While business risk is inherent in all economic activity, agricultural production is particularly fraught with uncertainty due to its reliance on biological processes, since agricultural products are to a greater or lesser extent perishable and seasonable, and its exposure to weather conditions. In an agricultural policy environment that is distinctly more market- oriented than in the past, protection against unfair trading practices has become more important for operators active in the agricultural and food supply chain and in particular for agricultural producers and their organisations.
Amendment 56 #
2018/0082(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The number and size of operators vary across the different stages of the agricultural and food supply chain. Differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices. Unfair trading practices are in particular harmful for small and medium-sized operators in the food supply chaiharmful for operators in the agricultural and food supply chain both inside and outside the Union. Agricultural producers, who supply primary agricultural products, are largelyoften small and medium- sized actors in the food supply chain.
Amendment 60 #
2018/0082(COD)
Proposal for a directive
Recital 6
Recital 6
(6) A majority of all Member States, but not all of them, have specific national rules that protect suppliers against unfair trading practices occurring in business-to- business relationships in the agricultural and food supply chain. Where reliance on contract law or self-regulatory initiatives is possible, fear of retaliation against a complainant limits the practical value of these forms of redress. Certain Member States, which have specific rules on unfair trading practices in place, therefore entrust administrative authorities with their enforcement. However, Member States’ unfair trading practices rules - to the extent they exist - are characterised by significant divergence.
Amendment 67 #
2018/0082(COD)
Proposal for a directive
Recital 7
Recital 7
(7) A minimum Union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and, to contribute to ensuring a fair standard of living for agricultural producers inside and outside the Union, to prevent precarious working conditions, unsafe and unsustainable practices, loss of food quality and food waste along the food supply chain. It should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products, including producer organisations and associations of producer organisations, provided that all those persons meet the definition of micro, small and medium-sized enterprises set out in the Annex to Commission Recommendation 2003/361/EC12. Those m. Micro, small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability. AHowever, as the financial pressure on small and medium- sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers, rules on unfair trading practices should also protect small and medium-sized intermediary suppliers at the stages downstream of primary production. Protection of intermediary suppliers inside and outside the Union should also avoid unintended consequences (notably in terms of unduly raising prices) of trade diversion away from agricultural producers and their associations, who produce processed products, to non- protected suppliers. __________________ 12 OJ L 124, 20.5.2003, p. 36.
Amendment 71 #
2018/0082(COD)
Proposal for a directive
Recital 8
Recital 8
(8) STo ensure the Union meets its Treaty obligation of Policy Coherence for Development and its commitments under the Sustainable Development Goals, suppliers established outside the Union should be able to rely on the Union minimum standard when they sell agricultural and food products to all buyers established imarketing and placing those products on the Union market to avoid unintended distorting effects resulting from the protection of suppliers in the Union.
Amendment 72 #
2018/0082(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The relevant rules should apply to business conduct by larger, that is to say non-small and medium-sized, operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium-sized suppliersoperators in the agricultural and food supply chain.
Amendment 75 #
2018/0082(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As a majority of Member States already have national rules on unfair trading practices, albeit diverging, it is appropriate to use the tool of a Directive to introduce a minimum protection standard under Union law. This should enable Member States to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime. Member States should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium-sized suppliers and buyers against unfair trading practices occurring in business-to-business relationships in the agricultural and food supply chain, subject to the limits of Union law applicable to the functioning of the internal market.
Amendment 77 #
2018/0082(COD)
Proposal for a directive
Recital 11
Recital 11
(11) As unfair trading practices may occur at any stage of the sale of an agricultural or food product, i.e. before, during or after a sales transaction, Member States should ensure that the provisions of this Directive should apply to such practices whenever they occur.
Amendment 81 #
2018/0082(COD)
Proposal for a directive
Recital 12
Recital 12
(12) When deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency- creating agreements agreed between parties. As a result, it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms, and which do not result from the unfair exercise of bargaining power or of an unbalanced relationship, such as the exploitation of an economic dependence, in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms, so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited. However, certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them.
Amendment 83 #
2018/0082(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Complaints by producer organisations or associations of such organisations, as well as by organisations working with producers or with a proven expertise trading practices in food supply chains, including non-governmental and civil society organisations, can serve to protect the identity of individual members of the organisation who are small and medium- sized suppliers and consider themselves exposed to unfair trading practices. Enforcement authorities of the Member States should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant.
Amendment 86 #
2018/0082(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The enforcement authorities of the Member States should have the necessary powers that enable them to effectively gather any factual information by way of information requests or being able to perform on-site inspections. They should have the power to order the termination of a prohibited practice, where applicable. The existence of a deterrent, such as the power to impose fines and the publication of investigation results, can encourage behavioural change and pre-litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities. The Commission and the enforcement authorities of the Member States should cooperate closelyrdinate their actions closely via the establishment of a Coordination Forum so as to ensure a common approach with respect to the application of the rules set out in this Directive. In particular, the enforcement authorities should provide each other mutual assistance, for example by sharing information and, assisting in investigations and taking enforcement measures in cases which have a cross-border dimension.
Amendment 89 #
2018/0082(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To facilitate effectiveensure proper enforcement, the Commission should help organise meetings betweenestablish a Coordination Forum with representatives of the enforcement authorities of the Member States where best practices can be exchanged and relevant information can be shared. The Commission should also establish and manage a website to facilitate those exchangesis coordination.
Amendment 92 #
2018/0082(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In the interest of an effective implementation of the policy in respect of unfair trading practices in business-to- business relationships in the agricultural and food supply chain, the Commission should review the application of this Directive and submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The review should also pay particular attention to whether protection of small and medium-sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified,
Amendment 95 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the agricultural and food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities.
Amendment 103 #
2018/0082(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier that is a small and medium-sized enterprise to a buyer that is not a small and medium-sized enterpriseo a buyer, including transactions between producer organisations or cooperatives and their members.
Amendment 117 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “buyer” means any natural or legal person established in the Union who buys food products by way of tradeirrespective of their place of establishment who buys agricultural or food products by way of trade to place them on the Union market. The term "buyer" may include a group of such natural and legal persons;
Amendment 120 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) “supplier” means any agricultural producer or any natural or legal person, irrespective of their place of establishment, who sells agricultural or food products. The term “supplier” may include a group of such agricultural producers or such natural and legal persons, including producer organisations and associations of producer organisations;
Amendment 127 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 130 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “agricultural and food products” means products listed in Annex I to the Treaty intended for use as food as well as products not listed in that Annex, but processed from those products for use as food;
Amendment 133 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “perishable agricultural and food products” means fresh agricultural and food products that will become unfit for proper use or human consumption, in particular as a result of the product’s microbiological instability, unless they are stored, treated, packaged or otherwise conserved to prevent them from becoming unfit.
Amendment 137 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) "unfair trading practices” means practices that: - grossly deviate from good and fair commercial conduct, are in contrary to good faith and fair dealing and are unilaterally imposed by a buyer on a supplier; - impose or attempt to impose an unjustified and disproportionate transfer of a buyer’s economic risk to the supplier; or - impose or attempt to impose a significant imbalance of rights and obligations on the supplier in the commercial relationship before, during or after the contract.
Amendment 143 #
2018/0082(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e b (new)
Article 2 – paragraph 1 – point e b (new)
(eb) “supply agreement” means a written agreement between a supplier and a buyer that clearly and transparently covers the relevant elements of the commercial agreement, including the names of the parties, their rights and obligations, price, duration, terms of delivery, terms of payment, as well as the cause, the execution of the contract and the effect of terminating the contract.
Amendment 146 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that the followingall unfair trading practices are prohibited, including at least the following trading practices:
Amendment 151 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) a buyer pays a supplier for non- perishable food products more than 60 calendar days after the receipt of the supplier's invoice or more than 60 calendar days after the date of the delivery of the non-perishable food products, if this date is later. This prohibition shall be without prejudice: - to the consequences of late payments and remedies as laid down in Directive 2011/7/EU; - to the option of a buyer and a supplier to agree on a value sharing clause within the meaning of Article 172 of Regulation (EU) No 1308/2013;
Amendment 153 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a buyer unilaterally cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products at the same value;
Amendment 160 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency, timing or volume of the supply or delivery, the quality standards or the prices of the food productsagricultural or food products, or the terms of payment;
Amendment 162 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) a supplier pays for the wastage of agricultural or food products that occurs once the product has passed into the buyer'’s premisesownership and that is not caused by the negligence or fault of the supplier.;
Amendment 166 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) a buyer of agricultural products or food products fails to provide the supplier with the supply agreement in written form, including sufficiently detailed and unambiguous information on the contractual terms and conditions of the purchase of agricultural or food products and the general conditions of sale;
Amendment 177 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) a buyer sells certain products below purchase cost to stimulate the sales of other products (“loss leader”);
Amendment 180 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d c (new)
Article 3 – paragraph 1 – point d c (new)
(dc) a buyer uses the argument of products not meeting cosmetic specifications inconsistently as a reason to cancel or reduce the terms of the supply agreement;
Amendment 183 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d d (new)
Article 3 – paragraph 1 – point d d (new)
(dd) a buyer uses overly strict ‘minimum life on receipt criteria’ in order to reject a previously agreed order, or to reject an order that was previously accepted but for reasons unrelated to the supplier has not been processed quickly enough;
Amendment 186 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d e (new)
Article 3 – paragraph 1 – point d e (new)
(de) a buyer requires a supplier to bear the financial costs of inaccurate forecasting provided by the buyer in order for the supplier to plan their production to meet forecasted orders.
Amendment 205 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) a buyer returns unsold agricultural or food products to a supplier;
Amendment 207 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) a buyer charges a supplier payment as a condition for the stocking, displaying or listing agricultural or food products of the supplier;
Amendment 210 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a supplier pays for the promotion of agricultural or food products sold by the buyer. Prior to a promotion and if that promotion is initiated by the buyer, the buyer shall specify the period of the promotion and the expected quantity of the agricultural or food products to be ordered;
Amendment 214 #
2018/0082(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) a supplier pays for the marketing of agricultural or food products by the buyer.
Amendment 229 #
2018/0082(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure that the designated enforcement authority has the necessary resources, including sufficient budgetary and expertise resources, to fulfil its obligations.
Amendment 230 #
2018/0082(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
Member States shall inform the Commission of the designated enforcement authority.
Amendment 232 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplier shall address a complaint to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established or to the enforcement authority of the Member State in which the supplier is established. In the latter case, the enforcement authority shall forward the complaint to the enforcement authority of the Member State where the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 238 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. In cases where the buyer is established outside the Union, the supplier shall address a complaint to the enforcement authority of the Member State in which it is established. In cases where the supplier is established outside the Union, the supplier may address a complaint to any designated enforcement authority. Upon receipt of the complaint, the enforcement authority shall forward it to the enforcement authority of the Member State in which the buyer suspected to have engaged in a prohibited trading practice is established.
Amendment 241 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Producer organisations or associations of producer organisations whose member(s) or member(s) of their members consider(s) that they are affected by a prohibited trading practice, as well as organisations working with producers or with a proven expertise in trading practices in food supply chains, shall have the right to submit a complaint.
Amendment 257 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Within one month of receiving the complaint, the enforcement authority shall inform the complainant about its decision to start an investigation. Where the enforcement authority considers that there are insufficient grounds for acting on a complaint, it shall inform the complainant about the reasons.
Amendment 258 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Where the enforcement authority considers that there are sufficient grounds for acting on a complaint, it shall conduct the investigation within a maximum period of six months. In complex and duly justified cases, this period can be extended by up to six months. The enforcement authority shall inform the complainant of this extension and its reasons for it.
Amendment 265 #
2018/0082(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) to perform unannounced site inspections within the framework of its investigations;
Amendment 266 #
2018/0082(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(bb) to undertake mediation or dispute resolution functions, where the supplier has agreed, and in private where the supplier so requests;
Amendment 276 #
2018/0082(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The Commission is empowered to adopt delegated acts setting out criteria and a common methodology for use by enforcement authorities when determining the amount of pecuniary fines, having regard to at least the following elements: the turnover of the infringer, the benefits accrued by the infringer from the unfair trading practice, the number and status of the victims of the infringement, and the repeated use of unfair trading practices by a buyer.
Amendment 281 #
2018/0082(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The following mechanisms for cooperation between enforcement authorities shall be established: (a) at the request of an applicant enforcement authority, the requested authority shall, without delay, provide to the applicant authority any relevant information necessary to establish whether an unfair trading practice has occurred or is occurring. The requested authority shall undertake the appropriate and necessary investigations to fulfil this request for information. (b) at the request of an applicant enforcement authority, a requested authority shall take all necessary and proportionate enforcement measures to terminate the prohibited trading practice within a maximum period of six months. The requested authority shall regularly inform the applicant authority about the steps and measures taken, or that it intends to take.
Amendment 283 #
2018/0082(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The enforcement authorities shall meet at least once per year to discuss the application of this Directive owithin the basis of the annual reports referred to in Article 9(1) and best practices in the area it covers. The Commission shall facilitate those meetingsframework of a Coordination Forum under the supervision of the Commission.
Amendment 286 #
2018/0082(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Coordination Forum 1. The Commission shall establish, chair and manage a Coordination Forum composed of representatives appointed by each enforcement authority. 2. The Coordination Forum shall meet at least once per year, and shall enable enforcement authorities: (a) to discuss and monitor the application of this Directive based on the annual reports referred to in Article 9(1); (b) to facilitate the exchange of information and best practices, especially on enforcement cooperation in cases involving operators from more than one Member State; (c) to consider and analyse new forms of unfair trading practice; (d) to cooperate in setting and imposing penalties, including pecuniary fines, in cases involving operators from more than one Member State.
Amendment 294 #
2018/0082(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. No soonlater than three years after the date of application of this Directive and every two years thereafter, 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 and the Committee of the Regions. The report shall consider the need to review this Directive, in particular to include new forms of unfair trading practice, and to make use of data on input costs and price transmission through the agricultural or food supply chain in order to establish criteria for determining fair prices within a supply agreement. On the basis of this report, the Commission may present appropriate legislative proposals.
Amendment 25 #
2017/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member States; demands a swift completion of transposition in all Member States without any further delay;
Amendment 40 #
2017/2278(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that it would be appropriate to analyse the consequences of the inclusion in the new directives of social and other specific services which were previously excluded; calls for a proper assessment of the impact of this new situation on the functioning of the concerned sectors, in consultation with the relevant stakeholders in these sectors;
Amendment 41 #
2017/2278(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines the importance to ensure, in accordance with the public procurement directives, that economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions; points out in this regard that certain international conventions are not mentioned in the new directives although they are ratified by all Member States, in particular the Convention on international trade in endangered species of wild fauna and flora, the Convention on biological diversity, the United Nations framework convention on climate change, the Cartagena protocol on biosafety and the Paris agreement (formerly Kyoto Protocol); calls to examine the possibility to include these conventions in the procurement directives;
Amendment 48 #
2017/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular, ethical and socially responsible economy, as well as innovation, SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration; is of the opinion that in this regard awareness-raising and information of all actors involved is necessary;
Amendment 63 #
2017/2278(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that many Member States have made provisions for accepting the most economically advantageous tender (MEAT) and encourages its systematic application in all possible cases;
Amendment 64 #
2017/2278(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is concerned about the excessive use of the lowest price as an award criterion in a number of Member States, ands this criterion does not represent in most cases the best option in terms of environmental protection and quality and durability of products; therefore calls on the Commission and the Member States to analyse the reason behind this situation and to propose suitable solutions to this problem;
Amendment 85 #
2017/2278(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that innovative, socio- economic, ethical and environmental considerations are legitimate and essential award criteria in public procurement, butand that contracting authorities canshould also pursue green, innovative or social goals through well- thought-out specifications and by allowing variant offers;
Amendment 2 #
2017/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the right to petition the European Parliament is a cornerstone of European citizenship, as enshrined in the Treaty on the Functioning of the European Union and the EU Charter of Fundamental Rights, ranking second in importance to citizens according to recent surveys; underlines the importance of petitions as a means for citizens to express their concerns about instances of misapplication or violation of EU law and on potential lacunae, while at the same time highlighting these deficiencies to the Commission in recognition of its role as guardian of the Treaties; shares the view of the Commission that the work done to ensure the effective enforcement of existing EU law needs to be recognised as being of equivalent importance to the work devoted to developing new legislation.
Amendment 9 #
2017/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Draws attention to the Study commissioned by the Committee on Petitions to the Policy Department C on "Monitoring the implementation of EU law: tools and challenges"1a, and welcomes the concrete recommendations for action to this Parliament; _________________ 1a http://www.europarl.europa.eu/RegData/e tudes/STUD/2017/596799/IPOL_STU(201 7)596799_EN.pdf
Amendment 14 #
2017/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that proper implementation of EU law is essential to achieving the EU policy goals defined in the Treaties and secondary legislation, andsuch as the rule of law as enshrined in article 2 TEU; emphasizes that lack of enforcement not only undermines the efficiency of the internal market and has costly impacts such as irreversible damages to environment, but also affects the credibility and image of the Union; underlines, in this regard, that implementation and enforcement are founded on the distribution of powers conferred by the Treaties, and that the Member States and the Commission therefore have a shared responsibility to implement and enforce European law, with the Commission as the ultimate guardian of the treaties; points out, at the same time, that all EU institutions share the responsibility of ensuring implementation and enforcement of EU law, as provided for in the 2016 Interinstitutional Agreement on Better Law-Making;
Amendment 19 #
2017/2273(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges that implementation reports by the Parliament, as well as other own-initiative reports and resolutions linked to them, often take too long, thereby reducing their actual impact; commits to review the procedures for their adoption, also so that this tool points more effectively at key actions to solve existing problems; stresses that petitions themselves are an essential source of information concerning potential implementation shortcomings, and a valuable opportunity for this institution to be directly involved in the assessment on compliance. Fact-finding visits1a periodically organized by the committee on Petitions are not only a unique effective means of getting closer to citizens and demonstrating that their concerns are taken seriously, but also an essential tool for the Parliament to gather evidence and check by itself whether for instance EU environmental law has been fully respected in a concrete situation; _________________ 1aRule 216a of the Rules of Procedure of the European Parliament
Amendment 22 #
2017/2273(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 25 #
2017/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomNotes the increased transparency of, and the provision of morprovision of more explanations concerning the statistical information and methodology in, the Commission report for 2016, as compared to previous reports; regrets the fact, however, that it still provides no precise information on the number of petitions that have led to the initiation of EU Pilot or infringement procedures; notes with regret that Parliament is not involved in these procedures; reiterates its call on the Commission to share with Parliament information on all EU Pilots opened and infringement procedures initiated in order to improve transparency, reduce the time frame for dispute settlement through the Committee on Petitions, build citizens’ trust in the EU project and, ultimately, enhance the legitimacy of the EU Pilot procedure; acknowledges the Court of Justice’s ruling onbelieves that greater transparency of the infringement procedure can be regulated while respecting the CJEU case-law, such as the joined cases C-39/05 P and C- 52/05 P of May 2017, according to which documents within the EU Pilot procedure should not be disclosed publicly if there is a risk that such disclosure would affect the nature of the infringement procedure, alter its progress or undermine the objectives of that procedure;1a, requiring motivated arguments to justify refusal for access to documents under Article 4 of Regulation 1049/2001/EC, including those of infringement procedures; _________________ 1a Sweden and Turco v Council [2008] ECR I-4723
Amendment 29 #
2017/2273(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the number of complaints received by the Commission reached an historical maximum in 2016, going beyond the 2014 level, after the remarkable decrease in 2015; regrets the sharp increase of over fifty percent in the infringement cases due to late transposition by Member States; underlines that environment remains to be within the main policy areas when it comes to open infringement cases, with water quality, waste management, air quality and biodiversity as the main issues; is concerned however that the absolute amount of new infringement procedures opened in 2016 on environmental matters has dropped drastically, nearly halving its relative weight and losing the top position in the open cases account; notes instead the clear shift in priority by the Commission towards matters concerning internal market, industry, entrepreneurship and SMEs;
Amendment 32 #
2017/2273(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of keeping properly informed complainants at all stages on a proactive basis and further involving them, and petitioners in cases deriving from petitions, in the EU Pilot processes, in order to improve the decision-making and also to facilitate the dialogue between those and the national authorities concerned; suggests to enhance the administrative procedures and the related resources to that effect; considers that given the Parliament is co- responsible in ensuring implementation and enforcement of EU law according to the Inter-Institutional Agreement and its relevant scrutiny power over the Commission conferred by article 14 TEU, it should be automatically notified about every EU Pilot opened and infringement initiated, as well as granted adequate access to documents related to both procedures, particularly when those emerge from petitions, while respecting the necessary confidentiality provisions for the successful handling of the cases;
Amendment 33 #
2017/2273(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Is concerned that the current regulatory framework for handling complaints and infringement procedures is not legally binding; considers that this lack of legally binding rules governing the proceedings, including roles and timeframes, leads to too long periods for taking decisions on the different steps, which together with the general lack of information to complainants or to the public on the status of the cases and the arguments behind decisions, has a negative impact on the effectiveness of the process; considers that an increased and properly recognised complainants’ involvement in the procedure, framed under clear and legally binding rules providing access to information on the arguments under discussion by the Commission and the Member States, as well as the motivation of decisions, would improve its overall effectiveness and transparency; reiterates its recurrent call to enact a Regulation on an open, efficient and independent European Union administration, which would in turn contribute to ensuring consistency and fairness in the handling of complaints and petitions;
Amendment 35 #
2017/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. WelcomNotes the presentation in the report of the revised Commission strategy for monitoring the application of EU law, as this policy is outlined in the 2016 Communication ‘Better results through better application’; notesis concerned with the intention of the Commission to systematically direct petitioners to seek redress at national level when complaints do not concern issues of wider principle, do not raise systemic issues and can satisfactorily be dealt with by other mechanisms at EU or national level; notconsiders that this approach may lead to ineffective investigation of complaints through petitions in cases where action at EU level could prove more appropriate, particularly concerning environmental law; welcomes the Commission’s intent to launch an EU Pilot procedure only where it could prove to be useful in a case, and to proceed with infringement procedures without relying on EU Pilots in order to expedite investigations of breaches of EU law; is concerned, however, that this approach may lead to ineffective investigation of complaints through petitions in cases where action at EU level could prove more appropriate; deplores the high number of infringement procedures in 2016; notes the distinctively decreasing trend in the number of EU Pilots launched in the same year;
Amendment 40 #
2017/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 44 #
2017/2273(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Urges the Commission to better clarify the concrete implications of its enforcement policy announced in the Communication ‘EU law: Better results through better application’, and to provide further details regarding its priority-setting, the specific policy priorities where it will focus its enforcement action, and where it expects to make a real difference by pursuing cases revealing systemic weakness in a Member State’s legal system; requests a clarification on how the concept of ‘issues of wider principle’ is concretely interpreted and implemented; maintains doubts on whether the Commission's implicit objective to restrict its action to complaints related to strategic cases is compatible with the role and duties attributed to it by Article 17(1)TEU; calls for its reconsideration so as to ensure that it does by no means jeopardize the treatment of certain cases whose effective resolution might be better achieved at EU level due to the national circumstances or interests involved;
Amendment 45 #
2017/2273(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Is concerned about the potential implications of the overall strategic line of the Commission on the handling of petitions; notes the increase in replies received where the Commission inhibits itself from further action leaving as a sole option for the petitioners the recourse to national courts; warns about the risk to create disappointment and frustration among petitioners if they have the perception no action at all is pursued at EU level; considers that in nowadays' state of affairs such an approach can dangerously undermine the public opinion's perception of the added value of the EU by citizens, particularly since petitioners are committed citizens a priori supportive of the European project and thus with high expectations towards the Union's ability to give an appropriate answer to their concerns; disagrees with the ongoing structural approach concerning the handling of petitions, particularly in the field of environment, and calls upon the Commission to reconsider it, also in light of its ultimate obligations and competences under Article 17 TEU; considers that simply leaving concrete cases and specific matters to be resolved by national courts consists a failure in complying with its duties of guardian of the treaties;
Amendment 50 #
2017/2273(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Considers that the assessment of cases of possible breach of EU legislation, and in particular those emerging from petitions, should not only be done on a passive manner and merely on procedural grounds, but proactively and taking into account the substantial elements and the ultimate spirit of the related EU legislation applicable; recommends that fast-track procedures with shorter periods are established for these cases which are deemed of urgency and where the Commission might need to act soon; suggests the Commission, the Court of Justice and national courts that in full observance of the precautionary principle enshrined in article 191 TFEU more effectively preventive mechanisms should be proactively established, for instance injunction measures, particularly when it comes to cases such as infrastructure projects where the possibility of a breach of EU environmental law is envisaged;
Amendment 54 #
2017/2273(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls for the adoption of a EU legislative act enabling genuine EU inspections on environmental legislation, either through specific staff in DG ENV or through the European Environment Agency (EEA); suggests an update of the Regulation 1210/90 on the establishment of the EEA, in order to further deploy its article 20 to explicitly entrust it to support the Commission in carrying out this inspection role;
Amendment 55 #
2017/2273(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Supports the Commission's aim to strengthen enforcement of EU law based on structured and systematic transposition and conformity checks of national legislation so that it is in full compliance with the EU Treaties and secondary legislation; calls on the Commission to allocate sufficient resources to carry out the correlation tables for all necessary EU legal instruments; requests that the correlation tables and conformity checking studies for the transposition of provisions of EU directives are made publically available by the Commission, in order to improve the quality of transpositions and allow the scrutiny of the concerned stakeholders; invites the Commission to systematically report on the explanatory documents in the annual reports on the application of EU law;
Amendment 57 #
2017/2273(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Invites the Commission to further involve regional and local authorities in the implementation efforts, and to ensure adequate coordination with the national authorities by enhancing the support provided by the Technical Platform for Cooperation on the Environment of the Commission and the Committee of Regions;
Amendment 58 #
2017/2273(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Notes the recently adopted communications by the Commission encompassing measures to facilitate access to justice1a and support environmental compliance assurance in Member States2a, as foreseen in the Commission Work Programme 2017: "Delivering a Europe that protects, empowers and defends"; expects that these tools will effectively contribute to improve the effective application of EU environmental legislation; _________________ 1aC(2017) 2616 final - COMMUNICATION FROM THE COMMISSION of 28.4.2017: Commission Notice on Access to Justice in Environmental Matters 2aCOM(2018) 10 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THEEUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS EU actions to improve environmental compliance and governance
Amendment 59 #
2017/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that, according to Standard Eurobarometer 86, a majority of EU citizens favours a common EU policy in areas such as defence, migration and terrorism; rRecalls that, in order for suchEU policies to be successful, it is paramount that they are implemented in a timely and uniform manner in all Member States; notes with concern that certain Member States are disregarding their obligations with regard to asylum and migration, in particular where relocation of asylum seekers and immigrants is concerned;
Amendment 63 #
2017/2273(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that austerity policies and related cuts made by Member States to their government sectors and judicial systems have resulted in a deterioration in the level of protection of citizens’ rights, while at the same time exacerbating the difficulties relating to the proper transposition of EU law;
Amendment 65 #
2017/2273(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomDeplores the proactive work of the Commission on the application of union law under the Better Regulation Package, and the support offered to Member States through implementation plans for new direcoverall high number of infringement procedures in 2016 and calls upon the Member States to ensure compliance with EU legislation at the earliest opportunity; points out that Member States should live up to their responsibility to enforce the rules they have jointly adopted; endorses in this regard the Commission's reaffirmed approach to continue advocating for lump sums together with daily penaltives; points out, however, that Member States should live up to their res in cases brought to the Court of Justice due to the failure of a Member State to properly transpose or enforce a EU directive, in accordance with article 260 TFEU; invites the Commission to explore the ponssibility to enforce the rules they have jointly adopted. ies to re-invest the funds collected from penalties for lack of compliance into concrete measures aimed at addressing the situation, particularly when it concerns environmental matters such as water and waste management;
Amendment 69 #
2017/2273(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Commits to foster closer cooperation and strengthen the links with the national parliaments in the law- making process, particularly assisting in the adoption of legislation correctly transposing the EU law; intends to follow more closely the development of the package meetings between the Commission and Member States to solve compliance problems subject to infringement procedures; requests to be invited or at least be notified timely about their occurrence, as well as on the meetings between the Commission and the relevant complainants or NGOs; offers to be involved and contribute to the development of Commission Guidelines on the implementation of EU law and to assist facilitating their implementation;
Amendment 29 #
2017/2126(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the essential role of transparency, good administration and institutional checks and balances in the work of the EU institutions; regrets that inquiries related to transparency and access to information and documents consistently constitute more than 20 % of all inquiries submitted to the Ombudsman and remain the top concern among European citizens over the years; calls the Council and the Commission to proactively publish information and documents to increase transparency and reduce unnecessary maladministration;
Amendment 39 #
2017/2126(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Commends the Ombudsman’'s determination to achieve the highest level of transparency in the EU decision-making process; stresses the need to monitor the implementation of the Ombudsman’'s recommendations for transparency in trilogues; calls the Council and the Commission to publish relevant information regarding the decisions made in trilogues; reiterates, further, the need for full and enhanced transparency in trade agreements and negotiations, and calls on the Ombudsman to make continued efforts to monitor transparency in the negotiations for all EU trade agreements with third countries;
Amendment 43 #
2017/2126(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for greater transparency in the EU’'s economic and financial decision- making process, in particular in the area of the banking supervision performed by the European Central Bank; supports, furthermore, the Ombudsman’'s recommendations to increase transparency of the European Investment Bank and the Eurogroup and to strengthen their internal ethics rules; calls on the compliance with the Ombudsman's recommendations on the European Investment Bank Complaints Mechanism Review and underlines the importance of an independent complaint mechanism;
Amendment 57 #
2017/2126(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the Ombudsman’'s commitment to improve EU lobbying transparency, and calls on the Commission to fully comply with the Ombudsman’'s suggestions for improving the EU Transparency Register and making it a central transparency hub for all EU institutions and agencies; stresses the importance of full transparency including information on funding, interest groups and financial interests;
Amendment 70 #
2017/2126(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls onAgrees with the Ombudsman to ensure that the Commission takes into account the Ombudsman’s proposals and recommendation's proposals and recommendations on the future revision of the European Citizens' Initiative (ECI) instrument; regrets the very low acceptance rate of ECIs and current lack of clarity on the instrument; calls on the Commission to ensure a proper follow-up on ECIs by ensuring a legislative proposal is presented within 12 months onf the future revision of the European Citizens’ Initiative (ECI) instrumentsubmission of a successful ECI; encourages the Commission to establish an independent body to carry out the initial legal verification for the registration, thus avoiding any conflict of interests of the Commission and increase the transparency and quality of the verification of the funding and sponsorship of ECIs;
Amendment 75 #
2017/2126(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that whistle-blowers are crucial figures in unveiling cases of maladministration, and supports measures by the EU institutions to encourage whistle-blowing and protect whistle- blowers against retribution; reiterates its call for a directive ongeneral European legislation on the protection of whistle-blowingers which sets out appropriate channels and procedures for denouncing all forms of maladministration, as well as minimum adequate guarantees and legal safeguards at all levels for the individuals involved; stresses the importance of a horizontal legislation encompassing both public and private sectors;
Amendment 3 #
2017/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that improving road safety in the EU begins with ensuring that existing and future provisions can be implemented and checked effectively; calls, in that regard, for increased best practice sharing and independent and peer reviews of type approval andEuropean-level oversight of type approval authorities and greater independence of technical services in the Union; calls, in addition, for greater post-market surveillance of vehicles on roads across the Union to ensure that they continue to conform to safety criteria; recalls that vehicles have been found to perform differently in tests performed in laboratory settings compared to on-road tests;
Amendment 13 #
2017/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that when non- conformities are identified, European consumers should be able to count on rapid, appropriate and coordinated corrective measures, including Union-wide vehicle recall where necessary, as well as have recourse to compensatory remedies such as refunds, replacements and repairs with the use of courtesy cars;
Amendment 21 #
2017/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that full cost-benefit analysis in the form of adequate ex ante impact assessments by the Commission is essential for any new Union safety requirements, and that particular consideration should be given to their potential impact on the price of new cars for European consumers, as wellnd their effect on vehicle emissions, as well as their impact on the transition to sustainable transport; recommends, furthermore, that the implementation of new Union road safety requirements be synchronised with the activities of the UN Economic Commission for Europe (UNECE);
Amendment 23 #
2017/2085(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is of the opinion that any new Union safety measures should be proportional totake into consideration the design and production challenges facing small-volume and bespoke manufacturers;
Amendment 29 #
2017/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the improvements that market-led technological developments have already brought to Union road safety, and encourages the continued exploration of the opportunities the digital revolution offers in that regard; calls for continuing research and the development of new standards in autonomous emergency braking, lane keeping assistance and reverse detection technologies for motor vehicles, and front-end blind spot cameras and detection for HGVs; stresses the importance of protecting personal data in this context, and reiterates the need for compliance with Regulation 2016/679.
Amendment 6 #
2017/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that petitions are a source of first-hand information not just about violations and deficiencies in the application of EU law in the Member States, but also about potential loopholes in EU legislation as well as citizens' proposals on new legislation; confirms that petitions enhance and challenge the capacity of the Commission and the Parliament to react to and resolve problems relating to transposition and misapplication; notes with appreciation that the Commission considers the implementation of EU law a priority, so that citizens can benefit from it in their everyday lives;
Amendment 9 #
2017/2011(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Commends the focus of the Commission’'s Annual Report on the enforcement of EU law; notes that petitioners very frequently refer to violations of EU law, particularly in the fields of the environment, justice, fundamental rights, the internal market, transport and health, health, employment, education and culture; draws attention to the fact that the Report highlights how the Commission regarded these sectors as a political priority in 2015;
Amendment 18 #
2017/2011(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the firm stance taken by the Commission towards the Member States on the application of EU law in the area of asylum and migration; recalls that, on account of the migratory flows towards Europe, the EU is faced with an unparalleled legal, political and humanitarian challenge; regrets the non- compliance of the commitments on the refugees allocation by the EU as well as the obligation on the amount of the refugees received by the Member States; calls on the Member States to take into account also international conventions on human rights when accepting and allocating refugees; expresses the hope that the Commission will systematically monitor the application of the European Agenda on Migration by the Member States;
Amendment 18 #
2017/2003(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas collaborative economy models can help to boost participation of women in the labour market and economy, by providing opportunities of flexible forms of entrepreneurship and employment;
Amendment 23 #
2017/2003(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas, while the recent Commission communication entitled 'European agenda for the collaborative economy' represents a good starting point for promoting and regulating this sector effectively, there is a need to incorporate the gender equality perspective and reflect the provisions of the relevant anti- discrimination legislation in further analysis and recommendations in this field;
Amendment 45 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate new entrepreneurial opportunities, jobs and growth, and could play an important role inincluding for the participation of women in the economy, and for citizens who would otherwise be unable to participate in the workforce, and could thereby makinge the economic system not only more efficient, but also socially and environmentally sustainablemore socially sustainable; consequently highlights the potential collaborative economy contribution to EU economic sustainability in achieving overarching objectives in resource efficiency, sustainable agriculture, combatting climate change or building a circular economy;
Amendment 65 #
2017/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges, at the same time, that the collaborative economy is having a profound influence and impact on long- established business models; underlines the risk of having different legal standards for similar economic actors; is concerned about the risk of reducing consumer protection, workers’ rights and tax compliance; acknowledges the effects that collaborative businesses are having on the urban environment;
Amendment 73 #
2017/2003(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points to the risks of increasing regulatory grey areas, the consequent disregard of existing regulations and the fragmentation of the Single Market; is aware that, if not properly governed, these changes could result in legal uncertainty about applicable rules and constraints in exercising individual rights;
Amendment 80 #
2017/2003(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers the development of a dynamic and clear legal environment to be of paramount importance for the collaborative economy to flourish in the EU; underlines that solidarity, equality, community and trust are fundamentals of this economy and that collaboration rules, including on safety, service quality and data protection are essential for a fair and safe collaborative economy ;
Amendment 90 #
2017/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business model but also as a new form of integration between the economyraditional economic models and society which is able to embed economic relations within social ones and to create new forms of community and new business models;
Amendment 108 #
2017/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for women, disadvantaged people and communities;
Amendment 112 #
2017/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that those services offered within the collaborative economy which are publicly advertised and offered for profit fall within the remit of the Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services and should, therefore, be consistent with the principle of equal treatment of women and men;
Amendment 116 #
2017/2003(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Considers that depending on the legal nature of the relationship between individual service providers with the platform provider, if the relationship presents labour relationship or self- employment, directives 2006/54/EU or 2010/41/EU alternatively should be applied.
Amendment 129 #
2017/2003(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that, while a large part of the nascent collaborative economy remains unregulatedfalls into regulatory grey areas, significant differences are emerging among Member States due to national, regional and local regulations, as well as case-law, posing a risk of fragmentation of the Single Market;
Amendment 135 #
2017/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s intent to tackle the current fragmentation, but regrets that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models; moreover emphasises existing applicable rules such as the Services Directive (Directive 2006/123/EC) and the need for member states to step up law enforcement; specifically encourages the Commission to make use of all means at its disposal to ensure the full and correct implementation of existing rules, and bring infringement procedures whenever incorrect or insufficient implementation of the legislation is identified;
Amendment 138 #
2017/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s intent to tackle the current fragmentation, but regrets that its communication did not bring sufficient clarity about the applicability of existing EU legislation to different collaborative economy models; in particular highlights the issue of data protection and calls all actors to comply with and enforce the General Data Protection Regulation in the collaborative economy;
Amendment 152 #
2017/2003(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Agrees that market access requirements for collaborative platforms and service providers must be necessary, justified and proportionate, and that this assessment should be dependent inter alia on whether services are provided by professional or private individuals, making peer providers subject to lighter legal requirements and taking into account sectoral differences; however stresses that incumbents and new operators and services linked to digital platforms and the collaborative economy need to be able to develop in a business-friendly environment, including greater transparency with regard to legislative changes and can coexist among healthy competition, as opposed to abusing exceptions from EU law with the aim of blocking new market entrants;
Amendment 175 #
2017/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission’s initiative to ensure the adequacy of consumer law and preventing abuse of the collaborative economy; stresses the importance of looking for solutions which improve security for consumers and minimise risks of gender based violence while providing or accepting services within the collaborative economy;
Amendment 179 #
2017/2003(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes that harassment poses a particular challenge for gender equality in the area of collaborative economy services; highlights that whilst the "zero- tolerance" policy towards harassment adopted by many platforms constitutes a good practice to be further strengthened in the sector, there is a need for the platforms concerned to prioritise prevention of harassment as well as to consider creating clear procedures for reporting abuse cases for users;
Amendment 198 #
2017/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls onWelcomes the Commission to clarify the's announcement to maintain the existing intermediary liability regime enshrined in the e-commerce directive, which is vital for the development of collaborative economy platforms liability regime; calls on the Commission to come forward with a legislative proposal to clarify the procedures for notice-and-action applicable to, inter alia, collaborative platforms, which could enhance responsible behaviour and increase user confidence;.
Amendment 206 #
2017/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Stresses the need for clarification of the provisions on liability for providers of goods and services and connecting online platforms on the basis of the Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services, in particular in cases of third-party harassment which predominantly concerns women; calls on the Commission to perform legal analysis and issue guidelines in in this regard;
Amendment 220 #
2017/2003(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Believes that any new regulation should leverage platforms’ self-governing capacities; is convinced that collaborative platforms themselves could take an active role in such a new regulatory environment by correcting many asymmetric information and other market failures which have been traditionally addressed through regulation, especially by digital trust-building mechanisms, yet considers self-regulation quality labels per se as inappropriate to achieve safety and service quality standards;
Amendment 234 #
2017/2003(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Strongly believes, at the same time, that this self-regulating capacity does not undercut the need for regulation, especially for market failures that platforms cannot address and for other normative goals (e.g. reversing inequalities, boosting fairness, inclusiveness, and openness, etc.); points to the positive experiences in regulation made on local level guided by the principles of information transparency, participation, inclusion and good governance in general;
Amendment 263 #
2017/2003(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Encourages the Commission to foster a level playing field for competition among collaborative platforms; stresses the importance of identifying and addressing barriers to the emergence and scaling-up of collaborative businesses, especially start- ups; underlines in this context the need for, while protecting user information and personal data, for the free flow of data, data portability and interoperability, which facilitate switching between platforms and prevent lock-in, and which are key factors for open and fair competition and empowering users of collaborative platforms;
Amendment 307 #
2017/2003(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection; special attention should be paid to prevent precarious employment models, while women are more likely than men to be employed precariously;
Amendment 318 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. While acknowledging the risks associated with self-employment and reduced job security, notes the positive effects of collaborative economy operators in creating new, flexible jobs for people entering the labour market, self-employed workers and marginalised groups such as migrants, part-time workers and the long- term unemployed;
Amendment 344 #
2017/2003(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices; is also convinced that the collaborative economy can offer significant opportunities to inner peripheries and rural areas, tooas well as to regions and the tourism sector more generally; believes that travel and tourism can benefit from digitisation opening up a number of opportunities for SMEs; stresses that the collaborative economy has a positive socio-economic impact helping marginalised communities such as migrants, part-time workers and the long- term unemployed to be active;
Amendment 358 #
2017/2003(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed only through effective policies of social inclusion at EU level, starting with confident and critical use of ICT as a key competence for lifelong learning strategies; stresses the importance of encouraging women and girls to acquire ICT related competences and provide them with opportunities of doing so, in order for them to be able to fully enjoy the benefits of collaborative economy;
Amendment 30 #
2017/0237(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) A number of amendments are to be made to Regulation (EC) No 1371/2007 of the European Parliament and of the Council24 . Iin order to provide improved protection for passengers and encourage increased rail travel, with due regard to Articles 11, 12 and 14 of the Treaty on the Functioning of the European Union in particular. In view of these amendments and in the interests of clarity, that Regulation should1371/2007 should therefore be recast. __________________ 24 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
Amendment 35 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 39 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Urban, and suburban and regional rail passenger services are different in character from long-distance services. Member States should therefore be allowed to exempt urban, and suburban and regional rail passenger services which are not cross- border services within the Union from certain provisions on passengers' rights.
Amendment 40 #
2017/0237(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 41 #
2017/0237(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 43 #
2017/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey. Whenever possible, railway undertakings and ticket vendors should provide this information in advance and as soon as possible. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 45 #
2017/0237(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Users’ rights to rail services include the receipt of information regarding the service both before and during the journey. Whenever possible, rRailway undertakings and ticket vendors should provide this information in advance and as soon as possiblin real-time. That information should be provided in accessible formats for persons with disabilities or persons with reduced mobility.
Amendment 50 #
2017/0237(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the context of the sale of tickets for the transport of passengers, Member States should take all necessary measures to prohibit discrimination on the basis of nationality or residence, regardless whether the passenger concerned is present, permanently or on a temporary basis, in another Member State. Those measures should cover all covert forms of discrimination which, by the application of other criteria, such as residence, physical or digital location, may have the same effect. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination occurs during the process of accessing online interfaces or purchasing tickets. However, transport schemes involving social tariffs should not be automatically precluded, provided that they are proportionate and independent of the nationality of the persons concerned.
Amendment 51 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing the carriage of bicycles on board trainand providing adequate capacity for the carriage of bicycles on board all types of trains, including on long-distance services and cross-border journeys.
Amendment 54 #
2017/0237(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The increasing popularity of cycling across the Union has implications for overall mobility and tourism. An increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport. Therefore, railway undertakings should facilitate the combination of cycling and train journeys as much as possible, in particular by allowing. In particular by providing mandatory bicycle stands for the carriage of assembled bicycles on board trainof all kinds of passenger trains, including on high- speed, long-distance and cross-border journeys.
Amendment 59 #
2017/0237(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets. In this respect, wthenever possibley should also cooperate with ticket vendors providing combined journeys.
Amendment 61 #
2017/0237(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through-tickets, whenever possible.
Amendment 71 #
2017/0237(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the event of delay, passengers should be provided with continued or re- routed transport options under comparable transport conditions. The needs of persons with disabilities and persons with reduced mobility should in particular be taken into account in such an event.
Amendment 75 #
2017/0237(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 78 #
2017/0237(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) However, a railway undertaking should not be obliged to pay compensation if it can prove that the delay was caused by severe weather conditions or major natural disasters endangering the safe operation of the service. Any such event should have the character of an exceptional natural catastrophe, as distinct from normal seasonal weather conditions, such as autumnal storms or regularly occurring urban flooding caused by tides or snowmelt. Railway undertakings should prove that they could neither foresee nor prevent the delay even if all reasonable measures had been takenIn view of the decision of Court of Justice of the European Union in Case C 509/11 1a (ÖBB-Personenverkehr AG) and the need for legal certainty, protection of passengers, continued high levels of investment in railway rolling stock and infrastructure and good contingency planning, a railway undertaking should be obliged to pay compensation to a passenger for a delay or cancellation that is not the fault of that passenger, regardless of the cause of the delay or cancellation concerned. __________________ 1a1a Case C-509/11, ÖBB- Personenverkehr AG (EU: C2013:613).
Amendment 79 #
2017/0237(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In cooperation with infrastructure managers and railway undertakings, station managers should prepare and make publicly available contingency plans to minimise the impact of major disruptions by providing stranded passengers with adequate information and care.
Amendment 81 #
2017/0237(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation should not restrict the rights of railway undertakings to seek compensation where applicable from any person, including third parties, in accordance with applicable national lawfor meeting its obligations under the provisions of this Regulation to passengers.
Amendment 82 #
2017/0237(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 85 #
2017/0237(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To maintain a high level of consumer protection in rail transport, Member States should be required to designate national enforcement bodies to monitor closely and enforce this Regulation at national level. Those bodies should be able to take a variety of enforcement measures. Passengers should be able to complain to those bodies about alleged infringements of the Regulation. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other. , and to provide the option for passengers of binding alternative dispute resolution, in line with Directive 2013/11/EU1b.Passengers should be able to complain to those bodies about alleged infringements of the Regulation, and to use online dispute resolution established under Regulation 524/2013/EU1c where agreed. It should also be provided that complaints may be made by organisations representing groups of passengers. To ensure the satisfactory handling of such complaints, the bodies should also cooperate with each other and the Regulation should continue to be listed in the Annex to the revised Consumer Protection Cooperation Regulation 2017/2394/EU 1d. Enforcement bodies shall each year publish reports on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions. In addition, these reports shall be made available on the website of the European Union Agency for Railways. __________________ 1b1b Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14). 1c1c Regulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p.1). 1d1d Regulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 86 #
2017/0237(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties, which might include the payment of compensation to the person in question, should be effective, proportionate and dissuasive and should include, but not be limited to, a minimum fine or a percentage of the relevant undertaking’s or organisation’s annual turnover, whichever is the higher.
Amendment 87 #
Amendment 88 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel as regards the following:
Amendment 91 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) passengers’ rights in the event ofand compensation in the event of disruption, such as cancellation or delay;
Amendment 94 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
(e) minimum, accurate, timely and accessible information to be provided to passengers;
Amendment 95 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point f
Article 1 – paragraph 1 – point f
(f) non-discrimination against , immediate, spontaneous and mandatory assistance by trained staff for , persons with disabilities and persons with reduced mobility ;
Amendment 96 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point h
Article 1 – paragraph 1 – point h
(h) theproper procedures for handling of complaints;
Amendment 98 #
2017/0237(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point i
Article 1 – paragraph 1 – point i
(i) general rules on enforcement, including through the option for passengers of binding alternative dispute resolution.
Amendment 99 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
This Regulation shall apply to all domestic and, cross-border or international rail passenger journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council29 operating, stopping, travelling, departing or arriving within the territory of the Union. __________________ 29 OJ L 343, 14.12.2012, p. 32.
Amendment 100 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 103 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) urban, and suburban and regional rail passenger services as referred to in Directive 2012/34/EU, except cross-border services within the Union;
Amendment 108 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 109 #
2017/0237(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 120 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6 a) ‘combined journey’ means a ticket or tickets representing more than one transport contract for successive railway services operated by one or more railway undertakings;
Amendment 125 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘through-ticket’ means a ticket or tickets representing a single transport contract for successive railway services operated by one or more railway undertakings, forming part of an end-to- end journey;
Amendment 127 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘journey’ means the carriage of a passenger between a station of departure and a station of arrival under a single transport contract;
Amendment 131 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘missed connection’ means a situation where a passenger misses one or more services in the course of a journey or combined journey as a result of the delay or cancellation of one or more previous services;
Amendment 132 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘ person with disabilities ’ and ‘person with reduced mobility’ means any person who has a permanent or temporary physical , mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective use of transport on an equal basis with other passengers or whose mobility when using transport is reduced due to age;
Amendment 134 #
2017/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
Article 3 – paragraph 1 – point 19 a (new)
(19 a) ‘application programming interface’ within the meaning of this Regulation means an electronic interface for the retrieval of information on schedules and timetables, intermodal connections, including real-time information of possible delays, available seats, applicable fares, mandatory reservations and special conditions, the accessibility of transport services, that also allows purchasing tickets, through- tickets, and reservations.
Amendment 137 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings, tour operators or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence, or the place of establishment of the railway undertaking, tour operators or ticket vendor within the Union.
Amendment 139 #
2017/0237(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Without prejudice to social tariffs, railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final custompassenger’s nationality or residence, or the place of establishment of the railway undertaking or ticket vendor within the Union.
Amendment 140 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, where appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggage or rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that railway undertakings, ticket vendors, tour operators and, where appropriate, station managers inform passengers of the conditions for such a refusal or restriction in accordance with Regulation (EU) No 454/2011, whether assembled or not, free of charge on board the train, all new or refurbished rolling stock shall include an appropriate designated space for the carriage of assembled bicycles.
Amendment 145 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Passengers shall be entitled to take bicycles on board the train, whethere appropriate for a reasonable fee. They shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers, mobility equipment, luggagssembled or not, free of charge on board the train, including on high-speed, long-distance and cross- border trains. All trains shall be equipped with a well-indicated, dedicated space for rail operations. The carriage of bicycles may be refused or restricted for safety or operational reasons, provided that rthe carriage of at least 8 assembled bicycles. Railway undertakings, ticket vendors, tour operators and, where appropriate, station managers shall inform passengers of the conditions for such a refusal or restrictionbicycle carriage on all services in accordance with Regulation (EU) No 454/2011.
Amendment 150 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.
Amendment 151 #
2017/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Railway undertakings, tour operators or ticket vendors may offer contract conditions more favourable for the passenger than the conditions laid down in this Regulation.
Amendment 152 #
2017/0237(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligation to provide information and consultation concerning discontinuation or substantial reduction of services
Amendment 153 #
2017/0237(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Railway undertakings or, where appropriate, competent authorities responsible for a public service railway contract shall make public by appropriate means, and without delay including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in Directive XXX31 , and in good time before their implementation, decisionproposals to discontinue or substantially reduce services either permanently or temporarily , and shall ensure that those proposals are subject to meaningful and proper consultation before any implementation takes place. __________________ 31 Directive XXX on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (European Accessibility Act) (OJ L X, X.X.XXXX, p. X).
Amendment 156 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 157 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned. Ticket vendors offering transport contracts on their own account, and tour operators, shall provide this information where available.
Amendment 159 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Railway undertakings and, where possible, tour operators and ticket vendors shall provide the passenger during the journey , including at connecting stations, with at least the information set out in Annex II, Part II.
Amendment 162 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies and in writing where possible. Particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 . The availability of accessible formats shall be clearly advertised.
Amendment 164 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up-to-date communication technologies . Particular attention shall be paid to ensuring that tusing easily-accessible, commonly used and real-time up-to-date communication technologies, including non-proprietary technologies . This information is shall be accessible to persons with disabilities in accordance with the accessibility requirements laid down in Directive XXX and Regulation 454/2011 .
Amendment 167 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Station managers and infrastructure managers shall make real-time data relating to trains, including those operated by other railway undertakings available to railway undertakings and ticket vendors, in a non- discriminatory manner. They shall communicate any delays or changes that may occur to passengers in real-time.
Amendment 170 #
2017/0237(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Rail travel publicity, booking information as well as tickets shall mention the data on emissions as well as the energy consumption and source of a train journey.
Amendment 174 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings, tour operators and ticket vendors shall offer tickets and, where available, through-tickets and reservations, through-tickets, reservations and combinations of tickets that provide the most optimal and cost-effective journey or combined journey, including cross- border, in an impartial and non- discriminatory manner. They shall make all possible efforts to offer through-tickets, including for journeys across borders andor involving night trains and journeys with more than one railway undertaking.
Amendment 176 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Railway undertakings and ticket vendors shall offer tickets and, where available, through- tickets and reservations. They shall make all possible efforts to offer through-tickets, including for journeys across borders and with more than one railway undertaking. Booking these tickets shall be accessible and non- discriminatory, including for persons with disabilities and persons with reduced mobility
Amendment 182 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings, tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale:
Amendment 184 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Article 10 – paragraph 2 – subparagraph 1 – introductory part
Without prejudice to paragraphs 3 and 4, railway undertakings and ticket vendors shall distribute tickets to passengers via at least onetwo of the following points of sale:
Amendment 185 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
Article 10 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) Member States may provide that railway undertakings, tour operators and ticket vendors shall provide tickets for services provided under public service contracts through more than one point of sale.
Amendment 188 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Amendment 189 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial grounds.
Amendment 190 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Railway undertakings shall offer the possibility to obtain tickets for the respective service on board the train, unless this is limited or denied on reasonable and justifiable grounds relating to security or antifraud policy or compulsory train reservation or reasonable commercial groundsspace or seat availability.
Amendment 191 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Tickets shall be reprinted for passengers on the day of travel on request, either at the ticket office or through a ticketing machine. Where there is no ticket office or ticketing machine in the station of departure, or when the ticket office or ticket machine is not fully accessible passengers shall be informed at the station:
Amendment 192 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Where there is no ticket office or fully-accessible ticketing machine in the station of departure, passengers shall be informed at the station:
Amendment 195 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons wiTickets bought on board the train shall not cost more than the reduced mobility shall be permitted to buy tickets on board the train at no extra costlevant standard fare for the journey concerned with any applicable discounts.
Amendment 201 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Where there is no ticket office or accessible ticketing machine in the station of departure, persons with disabilities and persons with reduced mobilityall passengers shall be permitted to buy tickets on board the train at no extra cost.
Amendment 202 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 206 #
2017/0237(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings, histheir rights to information, assistance, care and compensation shall be equivalent to those under a through-ticket and cover the whole journey from the departure to the final destination, unless the passenger is explicitly informed otherwise in writing. Such information shall in particular state that when the passenger misses a connection, he or she would not be entitled to assistance or compensation based on the total length of the journey. The burden of proof that the information was provided shall lie with the railway undertaking, its agent, tour operator or ticket vendor.
Amendment 208 #
2017/0237(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Application Programming Interfaces to Travel Information and Reservation Systems 1. Railway undertakings shall publicly provide non-discriminatory access to all travel information as referred to in Article 9 through application programming interfaces. 2. Railway undertakings shall allow tour operators and ticket vendors to issue tickets, through-tickets, and reservations, as well as provide them with all necessary data or information to the end that they can successfully conclude a complete transport contract to issue tickets, including through-tickets, and reservations, through application programming interfaces, on a non- discriminatory basis. Such data or information include but are not restricted to schedules and timetables, intermodal connections, available seats, applicable fares, mandatory reservations and special conditions. 3. Railway undertakings shall ensure that the technical specifications of the application programming interfaces are well-documented, and openly accessible at no charge. They shall ensure that the dedicated communication interfaces make use of open standards, commonly used protocols, and machine-readable formats. Where no standards, protocols, or formats exist, railway undertakings shall make use of open documentation, development, and standardisation processes in their creation and make the standards, protocols, or formats, as well as the documentation accessible free of charge. 4. Railway undertakings shall ensure that, except for emergency situations, any change to the technical specification of their application programming interfaces is made available to tour operators and ticket vendors in advance as soon as possible and no less than 3 months before a change is implemented. Railway undertakings shall document emergency situations and make the documentation available to competent authorities on request. 5. Railway undertakings shall ensure that access to the application programming interfaces is provided in anon- discriminatory way, at the same level of availability and performance, including support, access to all documentation, standards, protocols, and formats. Tour operators and ticket vendors shall not be disadvantaged when compared with the railway undertakings themselves. 6. Application programming interfaces shall be established within 1 year after the entry into force of this Regulation. 7. Without prejudice to paragraphs 1-6 of this Article, railway undertakings shall not be permitted to establish technical measures that prevent or disadvantage parties from retrieving information from publicly available sources other than the application programming interfaces, such as their websites.
Amendment 210 #
2017/0237(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Where it is reasonably to be expected , either at departure or in the event of a missed connection in the course of a journey with a through-ticket, that arrival at the final destination under the transport contract will be subject to a delay of more than 6045 minutes, the passenger shall immediately have the choice between one of the following :
Amendment 213 #
2017/0237(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Re-routing transport service providers shall pay particular attention to providingrovide to persons with disabilities and persons with reduced mobility with a comparable level of accessibility to the alternative service.
Amendment 214 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Without losing the right of transport, a passenger may request for the journey or combined journey a passenger shall be entitled to compensation for delays from the railway undertaking, tour operator or ticket vendor if he or she is facing a delay between the places of departure and destination stated in the transport contract for which the cost of the ticket has not been reimbursed in accordance with Article 16. The minimum compensations for delays shall be as follows:
Amendment 217 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 % of the ticket price for a delay of 630 to 1159 minutes,
Amendment 218 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 25 50% of the ticket price for a delay of 6045 to 1189 minutes,;
Amendment 220 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 100% of the ticket price for a delay of 1290 minutes or more.
Amendment 221 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) 50 % of the ticket price for a delay of 120 minutes or more.60 to 119 minutes;
Amendment 222 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) 100% of the ticket price for a delay of 120 minutes or more.
Amendment 223 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b b (new)
Article 17 – paragraph 1 – point b b (new)
(bb) Holders of a seasonal ticket or reduction pass shall receive a compensation as mentioned under points (a)and (b) and based on the normal price of a ticket.
Amendment 226 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may requestshall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements.
Amendment 227 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Paragraph 1 also applies to passengers who hold a travel pass or season ticket. If they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 630 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements.
Amendment 228 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service, ticket or combined journey. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to half of the price paid for the ticket or combined journey. In the same way the price for a delayed service under any other form of transport contract allowing travelling several subsequent legs shall be calculated in proportion to the full price.
Amendment 229 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 232 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger. within the same payment system as the ticket was bought at the request of the passenger. By no means shall the passenger be discouraged from requesting compensation.
Amendment 234 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The compensation of the ticket price shall be paid within one month after the submission of the request for compensation to the railway undertaking, tour operator or ticket vendor. The compensation may be paid in vouchers and/or other services if the terms are flexible (in particular regarding the validity period and destination). The compensation shall be paid in money at the request of the passenger.
Amendment 236 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4 per ticket5.
Amendment 238 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The passenger shall not have any right to compensation if the isy are informed of a delay before he buysbuying a ticket, or if a delay due to continuation on a different service or re-routing remains below 6045 minutes.
Amendment 239 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The passenger shall not have any right to compensation if he is informed of a delay before he buys a ticket, or if a delay due to continuation on a different service or re-routing remains below 630 minutes.
Amendment 242 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 243 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 250 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the case of a delay in arrival or departure, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time by the railway undertaking, tour operator or ticket vendor or by the station manager as soon as such information is available.
Amendment 251 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. In the case of any delay as referred to in paragraph 1 of more than 6045 minutes, passengers shall also be offered free of charge:
Amendment 254 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) meals and refreshments in reasonable relation to the waiting time, if they are available on the train or in the station, or can reasonably be supplied taking into account criteria such as the distance from the supplier, the time required for delivery and the cost ;
Amendment 256 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) if the train is blocked on the track, accessible transport from the train to the railway station, to the alternative departure point or to the final destination of the service, where and when physically possible.
Amendment 259 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. If the railway service cannot be continued anymore, railway undertakings shall organise as soon as possible alternative accessible transport services for passengers.
Amendment 263 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a (3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. The plan shall also include requirements for the accessibility of alert and information systems. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member State. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 265 #
2017/0237(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In addition to the obligations on railway undertakings pursuant to Article 13a(3) of Directive 2012/34/EU, the station manager of a railway station handling at least 105 000 passengers per day on average over a year shall ensure that the operations of the station, the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. The plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility; it shall ensure that stranded passengers are provided with adequate assistance and information, including in accessible formats in accordance with the accessibility requirements laid down in Directive XXX. Upon request, the station manager shall make the plan, and any amendments to it, available to the national enforcement body or to any other body designated by a Member StatThe plan shall also include requirements for the accessibility of alert and information systems. The station manager shall make the plan, and any amendments to it, publicly available. Station managers of railway stations handling fewer than 105 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations.
Amendment 270 #
2017/0237(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Where a railway undertaking pays compensation or meets its other obligations in accordance with this Regulation, no provision of this Regulation or national law may be interpreted as restricting its right to seek compensation for costs from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the railway undertaking's right to seek reimbursement from a third party, with whom it has a contract and which contributed to the event which triggered compensation or other obligations. No provision of this Regulation may be interpreted as restricting the right of a third party, other than a passenger, with whom a railway undertaking has a contract, to seek reimbursement or compensation from the railway undertaking in accordance with applicable relevant laws.
Amendment 271 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organiszations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rulerules for barrier-free and independent access for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules. service animal or an accompanying person, both free of charge, in accordance with any relevant national rules; they shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 273 #
2017/0237(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Railway undertakings and station managers shall, with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility, establish, or shall have in place, non- discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants. The rules shall allow the passenger to be accompanied by an assistance dog service animal in accordance with any relevant national rules, and shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible.
Amendment 278 #
2017/0237(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. When a railway undertaking, ticket vendor or tour operator exercises the derogation provided for in Article 20(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to make the reservation or to issue the ticket or the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose an alternative transport option to the person in question taking into account his or her accessibility needs.
Amendment 283 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. On departure from, transit through or arrival at, a staffed railway station of a person with disabilities or a person with reduced mobility, the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service, or to disembark from the arriving service for which he or she purchased a ticket, without prejudice to the access rules referred to in Article 20(1). Any booking of assistance shall always be free of charge, irrespective of the method of communication used.
Amendment 287 #
2017/0237(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. AWithout prejudice to paragraph 3 of this Article, assistance shall be available in stations during all times when rail services operate.
Amendment 295 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) assistance shall be provided on condition that the railway undertaking, the station manager, the ticket vendor or the tour operator with which the ticket was purchased is notified of the person’s need for such assistance at least 48 hours before the assistance is neededupon booking the ticket or upon arrival at the station. Where a ticket or season ticket permits multiple journeys, one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided. Such notifications shall be forwarded to all other railway undertakings and station managers involved in the person’s journey;
Amendment 299 #
2017/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) assistance shall be provided on condition that the person with disabilities or person with reduced mobility presents him or herself at the designated point at a time stipulated by the railway undertaking or station manager providing such assistance. Any time stipulated shall not be more than 60 minutes before the published departure time or the time at which all passengers are asked to check in. If no time is stipulated by which the person with disabilities or person with reduced mobility is required to present him or herself, the person shall present him or herself at the designated point at least 30 minutes before the published departure time orthemselves at the designated point at the time at which all passengers are asked to check in.
Amendment 301 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where railway undertakings and station managers cause loss of, or damage to, wheelchairs, other mobility equipment or assistive devices and assistant dogservice animals used by persons with disabilities and persons with reduced mobility, they shall be liable for and compensate that loss or damage .
Amendment 303 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation for loss or damage referred to in paragraph 1 shall be equal to the cost of replacement orpaid within one month of submission of a claim and be equal to the cost of replacement based on the actual value, or on the full costs of repair, of the wheelchair, equipment or, devices lost or damaged. or the loss or injury of the service animal. The compensation shall also include the cost of temporary replacement in case of repair, when those costs are borne by the passenger.
Amendment 307 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) ensure that all personnelstaff, including those employed by any other performing party, providing direct assistance to persons with disabilities and persons with reduced mobility,receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility, including those with mental and intellectual impairments;
Amendment 308 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) provide training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling publicstaff;
Amendment 312 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) ensure that, upon recruitment, all new employeesstaff receive disability-related training, and that personnel attend regular refresher training courses.ttend regular refresher training courses, and that advanced level or more specialised disability-related training is also provided where necessary;
Amendment 313 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) accept upon requestencourage actively the participation, in the training, of employeesstaff with disabilities, as well as passengers with disabilities and with reduced mobility, and/or organisations representing them.;
Amendment 316 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) involve organisations representing persons with disabilities and with reduced mobility in the design and delivery of disability-related training;
Amendment 317 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point d b (new)
Article 26 – paragraph 1 – point d b (new)
(db) disability-related training courses mentioned in paragraphs (a) to (e) of this Article shall meet the specifications set out in Annex VI.
Amendment 321 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. All railway undertakings, ticket vendors, station managers and infrastructure managers of stations handling more than 10 0500 passengers per day on average over a year shall each set up a complaint-handling mechanism for the rights and obligations covered in this Regulation in their respective field of responsibility . They shall make their contact details and working language(s) widely known to passengers.
Amendment 324 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway stationstation manager or infrastructure manager involved. Complaints shall be submitted within six months of the incident that is the subject of the complaint. Within one month of receivsubmitting the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 325 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Details of the complaint handling procedure shall be accessible to persons with disabilities and with reduced mobility. This information shall be made freely available in writing upon request in the domestic language of the railway undertaking.
Amendment 333 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The national enforcement bodies shall closely monitor compliance with this Regulation and take the measures necessary to ensure that the rights of passengers are upheld. For this purpose, railway undertakings, station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month. In carrying out their functions, the bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a bodyMember States shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this Regulation.
Amendment 335 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The national enforcement bodies shall publish statistics on their activityeach year publish reports with statistics on their websites detailing the number and type of complaints that they have received, detailing the outcome of their enforcement actions, including onthe sanctions applied, every year, at the latest at the end of April of the following calendar yearthat they have applied. This shall be done for each year by no later than the first day of April of the succeeding year. In addition, these reports shall be made available on the website of the European Union Agency for Railways.
Amendment 336 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results in accessible and commonly used formats.
Amendment 337 #
2017/0237(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3a. The national enforcement bodies, in collaboration with organisations representative of persons with disabilities and with reduced mobility, shall conduct regular audits of the assistance services provided in accordance with this Regulation and publish the results inaccessible formats.
Amendment 338 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council32 , after having complained unsuccessfully to the railway undertaking, ticket vendor, station or infrastructure manager pursuant to Article 28, the passenger may complain to an enforcement body. Enforcement bodies shall inform complainants about their right to complain to alternative dispute resolution bodies to seek individual redress. __________________Member States shall ensure that enforcement or complaint-handling bodies are recognised for the purposes of alternative redress schemes pursuant to Directive 2013/11/EU, and that where passengers seek alternative redress, the railway undertaking, ticket vendor, station or infrastructure manager concerned is required to participate and the outcome shall be binding on and effectively enforceable against them2a . __________________ 2aDirective 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p. 14). 32 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 14).
Amendment 339 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Any passenger may complain to the national enforcement body, or any other body designated by a Member State for that purpose, about an alleged infringement of this Regulation. Complaints may also be made by organisations representing groups of passengers.
Amendment 340 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than six months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail and the use of online dispute resolution in accordance with Regulation 524/2013/EU2b may be made available with the agreement of all parties involved. __________________ 2bRegulation 524/2013/EU of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (OJ L 165, 18.6.2013, p.1).
Amendment 341 #
2017/0237(COD)
Proposal for a regulation
Article 33 – paragraph 3 – subparagraph 1
Article 33 – paragraph 3 – subparagraph 1
The body shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months. For complex cases, the body may, at its discretion, extend this period to six months. In such a case, it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure. Only cases that involve legal proceedings may take longer than sixthree months. Where the body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail.
Amendment 342 #
2017/0237(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Independent conciliation bodies The Member States shall install well- equipped independent conciliation bodies that will be easily accessible and affordable for passengers in case of conflict with rail undertakings, tour operators and ticket vendors on the enforcement of their rights.
Amendment 343 #
2017/0237(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, and shall include, but not be limited to, a minimum fine or a percentage of the relevant undertaking or organisation’s annual turnover, whichever is the higher. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.
Amendment 358 #
2017/0237(COD)
Proposal for a regulation
Annex II – title
Annex II – title
MINIMUM INFORMATION TO BE PROVIDED BY RAILWAY UNDERTAKINGS, TOUR OPERATORS AND TICKET VENDORS
Amendment 359 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 1
Annex II – part I – indent 1
- - General conditions applicable to the contract or contracts that form part of the journey or combined journey
Amendment 360 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 2
Annex II – part I – indent 2
- - Time schedules and conditions for the fastest trip and best connections
Amendment 361 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 3
Annex II – part I – indent 3
- - Time schedules and conditions for the lowest and all available fares
Amendment 362 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 5
Annex II – part I – indent 5
- - Access conditionarrangements for bicycles
Amendment 363 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 6
Annex II – part I – indent 6
- - Availability of seats in for all applicable fares in non-smoking (and non-, where applicable, smoking), first and second class as well as couchettes and sleeping carriages
Amendment 364 #
2017/0237(COD)
Proposal for a regulation
Annex II – part I – indent 8
Annex II – part I – indent 8
- Availability of on-board services, including wifi and toilets
Amendment 365 #
2017/0237(COD)
Proposal for a regulation
Annex II – part II – indent 1
Annex II – part II – indent 1
- On-board services, including wifi
Amendment 366 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 1
- - percentage of delays of less than 6045 minutes;
Amendment 367 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
Annex III – part I – paragraph 2 – point 1 – point a – point iii – indent 2
- - percentage of delays of 60-1145-89 minutes;;
Amendment 370 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
Annex III – part I – paragraph 2 – point 2 – indent 1 – point vii
(vii) provision of useful information throughout the journey, including in relation to wifi and other on-board services;
Amendment 372 #
2017/0237(COD)
Proposal for a regulation
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
Annex III – part II – paragraph 1 – point 4 – indent 1 – point vii
(vii) accessibility of station and station facilities., including step-free access, escalators, elevators and luggage ramps
Amendment 373 #
2017/0237(COD)
Proposal for a regulation
Annex IV – paragraph 1
Annex IV – paragraph 1
In complex cases such as cases involving multiple claims or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a ‘lead’ body, which shall serve as single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint (including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents). Passengers shall be informed which body is acting as ‘lead’ body. In addition, in all cases, national enforcement bodies shall in any event ensure compliance with Regulation 2017/2394/EU of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws.
Amendment 375 #
2017/0237(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Amendment 146 #
2017/0143(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Member States should have financially sustainable and adequate pensions schemes. Priority must therefore be given to further developing; strengthening and reforming of the public and occupational pensions schemes. Pan- European Personal Pension product may provide additional retirement income to some citizens but cannot be a replacement for sufficient public and occupational pension schemes in place.
Amendment 164 #
2017/0143(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) A legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. By complementing the existing pension products and schemes, it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, it may help in addressing the demographical challenge and providing a powerful new source of private capital for long-term sustainable investment. This framework will not replace or harmonise existing national personal pension schemes.
Amendment 185 #
2017/0143(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to allow a smooth transition for PEPP providers, the obligation of providing PEPPs comprising compartments for each Member State will apply three years after the entry into force of this Regulation. However, upon launching a PEPP, the provider should provide information on which national compartments are immediately available, in order to avoid a possible misleading of consumers. When no compartment is available in the Member States where the PEPP saver is moving, switching should be allowed free of charge.
Amendment 196 #
2017/0143(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure optimal product transparency, PEPP manufacturers should draw up the PEPP key information document for the PEPPs that they manufacture before the product can be distributed to PEPP savers. They should also be responsiliable for the accuracy of the PEPP key information document. The PEPP key information document should replace and adapt the key information document for packaged retail and insurance-based investment products under Regulation (EU) No 1286/2014 of the European Parliament and of the Council33 which would not have to be provided for PEPPs. _________________ 33 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.
Amendment 207 #
2017/0143(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) During the phase when retirement benefits are paid, PEPP beneficiaries should continue to receive information on their benefits and corresponding pay-out options. This is particularly important when a significant level of investment risk is borne by PEPP beneficiaries in the pay- out phase. PEPP beneficiaries should also be informed of any reduction in the level of benefits due, prior to the application of any such reduction, after a decision which will result in a reduction has been taken. As a matter of best practice, PEPP providers are recommended to consult PEPP beneficiaries in advance of any such decision.
Amendment 215 #
2017/0143(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In the context of deepening the CMU, the understanding of what constitutes instruments with a long-term economic profile is broad. Such instruments are non-transferable securities and therefore do not have access to the liquidity of secondary markets. They often require fixed term commitments which restrict their marketability and should be understood to include participation and debt instruments in, and loans provided to, non-listed undertakings. Non-listed undertakings include infrastructure projects, unlisted companies seeking growth, real estate or other assets that could be suitable for long term investment purposes. Low carbon and climate resilient infrastructure projects are often non-listed assets and rely on long term credits for project financing. Considering the long- term nature of their liabilities, PEPP providers are encouraged tomay allocate a sufficient part of their asset portfolio to sustainable investments in the real economy with long- term economic benefits, in particular to zero-carbon and climate-resilient infrastructure projects and corporates.
Amendment 217 #
2017/0143(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment, are important for the investment policy and risk management systems of PEPP providers. PEPP providers should be encouraged tosystematically consider such factors in investment decisions and to take into account how they form part of their risk management system.
Amendment 220 #
2017/0143(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) PEPP providers should adopt an investment exclusion policy in order to ensure that savings are not invested in controversial and harmful products such as coal-based energy, nuclear weapons, cluster munitions, production of tobacco or harmful conducts such as serious human rights violations, severe environmental, climate damage, corruption and tax avoidance.
Amendment 223 #
2017/0143(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The default investment option should allow the PEPP saver to recoup the invested capital before the deduction of fees. The PEPP providers cshould in addition include an inflation indexation mechanism to at least partly cover inflation.
Amendment 237 #
2017/0143(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to find better conditions for their investments, thus also stimulating the competition among PEPP providers, PEPP savers should have the right to switch providers during the accumulation and the decumulation phases, through a clear, quick, low-cost and safe procedure. Switching shall be provided free of charge under exceptional circumstances such as limited portability, withdrawal of an authorisation of the PEPP provider or upon request of the PEPP savers when it occurs less than every five years.
Amendment 261 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) is based on a contract between an individual saver and an entity on a voluntary and complementary basis;
Amendment 278 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
(27) “advice” means the provision of a personal recommendation to a PEPP saver including on the tax regime applicable, either upon his request or at the initiative of the PEPP provider or distributor, in respect of one or more contracts for subscribing PEPP;
Amendment 279 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28a) “Partnership” means cooperation between PEPP providers to offer compartments in all Member States in view of the portability service as referred in Chapter III, section II;
Amendment 281 #
2017/0143(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28b) “Environmental, social and governance factors (ESG)” comprise the Union’s climate and sustainability objectives as set out in the Paris agreement, Sustainable Development Goals, the United Nations Guiding Principles on Business and Human Rights and the UNPRI definitions in which environmental factors include climate change, greenhouse gas (GHG) emissions, resource depletion (including water waste and pollution) and deforestation; social factors include Human Rights, working conditions (including slavery and child labour), local communities (including indigenous communities), conflict, health and safety, employee relations and diversity; and governance factors include executive pay, bribery and corruption, political lobbying and donations, board diversity and structure, and tax strategy.
Amendment 289 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 291 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 292 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
Amendment 293 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
Amendment 299 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) information on arrangements regarding portfolio and risk management and administration with regard to the PEPP; including the integration of environmental, social and governance factors and risks;
Amendment 300 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) information about the investment strategies, the risk profile and other characteristics of the PEPP including the integration of environmental, social and governance factors and in particular how the investment strategy is aligned with the Union’s climate and sustainability objectives as set out in the Paris Agreement, the Sustainable Development Goals and United Nations Guiding Principles on business and Human Rights;
Amendment 302 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point f a (new)
Article 5 – paragraph 2 – point f a (new)
(fa) information on any partnerships between PEPP providers to offer compartments in different Member States;
Amendment 306 #
2017/0143(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. EIOPA mayshall inform the competent authority of an application for PEPP authorisation who may object to it. EIOPA may also ask the competent authority of the financial undertaking applying for the authorisation for clarification and information as regards the documentation referred to in paragraph 2. The competent authority shall reply to the request within 10 working days from the date on which it has received the request submitted by EIOPA.
Amendment 312 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the applicant has adopted and published a credible investment exclusion policy related to severe environmental damage, serious violations of human rights and production of weapons;
Amendment 314 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) the proposed PEPP effectively integrates environmental, social and governance factors into its investment strategy and risk management and ensures that its portfolio management is aligned with the Union’s climate and sustainability objectives as set out in the Paris agreement, Sustainable development Goals, and the United Nations Guiding Principles on Business and Human Rights.
Amendment 322 #
2017/0143(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. EIOPA shall withdraw the authorisation of a PEPP in the event that the conditions for granting this authorisation are no longer fulfilled. In case of withdrawal of authorisation, PEPP savers shall be immediately informed of the consequences by the national competent authorities and are entitled to switch the PEPP provider free of charge irrespective of the switching frequency as referred in Article 48.
Amendment 353 #
2017/0143(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Three years at the latest after the entry into application of this Regulation, each PEPP shall offer national compartments for all Member States upon request addressed to the PEPP provider. PEPP savers shall have the right to switch PEPP provider free of charge, irrespective of the frequency stipulated in Article 48, when they change residence to a Member State where no compartment for their PEPP is offered.
Amendment 356 #
2017/0143(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 (new)
Article 14 – paragraph 1 – subparagraph 1 (new)
Compartments may be offered under partnerships between PEPP providers as defined in Article 2(28a).
Amendment 362 #
2017/0143(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Without prejudice to the deadline under Article 13(3), immediately after being informed about the PEPP saver’s intention to exercise his right of mobility between Member States, the PEPP provider shall inform the PEPP saver about the possibility to open free of charge a new compartment within the PEPP saver’s individual account and about the deadline within which such compartment could be opened.
Amendment 374 #
2017/0143(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority withiby the EIOPA within one month of opening the new compartment. The database shall be accessible to the national competent authorities, who shall automatically receive information cone month of opening the new compartment andcerning the local compartments in the case of any changes as well as the details of any existing or new partnership arrangements between providers. The database shall contain at least:
Amendment 384 #
2017/0143(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All documents and information under this Chapter shall be provided to PEPP customers electronically, provided that the PEPP customer is enabled to store such information in a way accessible for future reference and for a period of time adequate for the purposes of the information and that the tool allows the unchanged reproduction of the information stored. Upon request, PEPP providers and distributors shall provide free of charge those documents and information also on another durable mediumin writing or on another durable and accessible medium chosen by the PEPP customers free of charge.
Amendment 390 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. PEPP providers and PEPP distributors shall comply with Articles 5(2), and 6 to 18 of Regulation (EU) No 1286/2014The key information document shall constitute pre-contractual information. It shall be accurate, fair, easy-to-understand and not misleading. It shall provide key information and shall be consistent with any binding contractual documents, with the relevant parts of the offer documents and with the terms and conditions of the PEPP. It shall be provided free of charge to PEPP savers a sufficient time before the conclusion of a PEPP contract.
Amendment 392 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The key information document shall be a stand-alone document, clearly separate from marketing materials. It shall not contain cross-references to marketing material. It may contain cross- references to other documents including a prospectus where applicable, and only where the cross-reference is related to the information required to be included in the key information document.
Amendment 393 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 408 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. The key information document shall be drawn up as a short document written in a concise manner and of a maximum of three sides of A4-sized paper when printed, which promotes comparability. This information document shall: (a) be presented and laid out in a way that is easy to read, using characters of readable size; (b) focus on the key information that PEPP savers need; (c) be clearly expressed and written in jargon-free language, that is, clear, succinct and comprehensible, to facilitate the understanding of the information.
Amendment 412 #
2017/0143(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Potential PEPP savers shall also be provided with information on the past performance of investments related to the PEPP scheme covering a minimum of five years, or, where the scheme has been operating for fewer than five years, covering all the years that the scheme has been operating, as well as with information on the structure of costs borne by PEPP savers and PEPPthe years the PEPP or personal pension product with that same investment option offered by the same provider has beeneficiaries operating.
Amendment 423 #
2017/0143(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Amendment 427 #
2017/0143(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Civil liability 1. The PEPP manufacturer shall incur civil liability on the basis of the key information document, including any translation thereof, where it is misleading, inaccurate or inconsistent with the relevant parts of legally binding pre- contractual and contractual documents or with the requirements laid down in Article 19. 2. A PEPP saver can claim damages from the PEPP manufacturer in accordance with national law in case of loss resulting from reliance on a key information document under the circumstances referred to in paragraph 1, when making an investment into the PEPP for which that key information document was produced. The PEPP manufacturer shall not incur civil liability when demonstrating that either the information was not misleading, not inaccurate neither inconsistent nor that the loss of the PEPP saver is not resulting from relying on a key information document. 3. Elements such as ‘loss’ or ‘damages’ as referred to in paragraph 2 of this Article which are not defined shall be interpreted and applied in accordance with the applicable national law as determined by the relevant rules of private international law. 4. This Article does not exclude further civil liability claims in accordance with national law. 5. The obligations under this Article shall not be limited or waived by contractual clauses.
Amendment 453 #
Amendment 466 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The PEPP Benefit Statement shall include, at least, the following key information for PEPP savers to be provided annually:
Amendment 467 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) personal details of the PEPP saver, name of the PEPP provider, information on pension benefit projections, information on accrued entitlements or accumulated capital, contributions paid by the PEPP saver or any third party and information on the funding level of the PEPP scheme, for which Article 39, paragraphs 1(a), (b), (d), (e), (f) and (h) of Directive 2016/2341/EU shall be applied, where the "member" means the PEPP saver, the "IORP" means the PEPP provider, the "pension scheme" means the PEPP scheme and "the sponsoring undertaking" means any third party for the purposes of this Regulation;
Amendment 470 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
Article 28 – paragraph 1 – point a a (new)
(aa) a clear indication of the statutory retirement age of the PEPP saver, the retirement age laid down in the pension scheme or estimated by the PEPP provider, or the retirement age set by the PEPP saver, as applicable;
Amendment 472 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a b (new)
Article 28 – paragraph 1 – point a b (new)
(ab) the name of the PEPP provider and its contact address and identification of the PEPP scheme of the PEPP saver;
Amendment 473 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a c (new)
Article 28 – paragraph 1 – point a c (new)
(ac) information on pension benefit projections based on the retirement age as specified in point (b), and a disclaimer that those projections may differ from the final value of the benefits received. These shall be illustrated on the basis of economic scenarios, including a best estimate scenario and an unfavourable scenario, taking into consideration the specific nature of the PEPP scheme;
Amendment 474 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a d (new)
Article 28 – paragraph 1 – point a d (new)
(ad) information on the accrued pension entitlements or accumulated pension capital taking into consideration the specific nature of the PEPP scheme;
Amendment 475 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a e (new)
Article 28 – paragraph 1 – point a e (new)
(ae) information on the contributions paid by any third party and the PEPP saver into the PEPP scheme, at least over the last 12 months, taking into consideration the specific nature of the PEPP scheme;
Amendment 476 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a f (new)
Article 28 – paragraph 1 – point a f (new)
(af) information on the past performance of the PEPP scheme as a whole or, where relevant, of the PEPP saver's investment option presented in a chart covering performance for any years available;
Amendment 477 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a g (new)
Article 28 – paragraph 1 – point a g (new)
(ag) a breakdown of the costs deducted by the PEPP provider at least over the last 12months, indicating the costs of administration, costs of safekeeping of assets, costs related to portfolio transactions and other costs, as well as an estimation of the impact of the costs on the final benefits;
Amendment 478 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a h (new)
Article 28 – paragraph 1 – point a h (new)
(ah) information on the funding level of the PEPP scheme as a whole;
Amendment 479 #
2017/0143(COD)
(ai) information related to the investment policy of the PEPP in terms of environmental, social and governance factors including how this policy is compatible with the Union’s climate and sustainability objectives as set out in the Paris agreement, the Sustainable Development Goals, and the United Nations Guiding Principles on Business and Human Rights;
Amendment 480 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a j (new)
Article 28 – paragraph 1 – point a j (new)
(aj) information on the investment exclusion policy related to severe environmental damage, serious violations of human rights and the production of weapons.
Amendment 481 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
Amendment 483 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
Amendment 485 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point d
Article 28 – paragraph 1 – point d
Amendment 488 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point e
Article 28 – paragraph 1 – point e
Amendment 497 #
2017/0143(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission shall, in consultation with the European Central Bank, EIOPA and the national supervisors, adopt delegated acts in accordance with Article 62 setting out rules to determine the assumptions on pension benefit projections referred to in point (a) of paragraph 1. Those rules shall be applied by PEPP providers to determine, where relevant, the annual rate of nominal investment returns, the annual rate of inflation and the trend of future wages.
Amendment 514 #
2017/0143(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) to assess the system of governance applied by the PEPP providers, the business they are pursuing, the valuation principles applied for solvency purposes, the risks faced and the risk-management systems, including the integration of ESG related risks, and their capital structure, needs and management;
Amendment 517 #
2017/0143(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
(c) the assets shall be predominantly invested on regulated markets. Investment in assets which are not admitted to trading on a regulated financial market must in any event be kept to prudent levelshall not exceed 20% of the total assets;
Amendment 519 #
2017/0143(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point f a (new)
Article 33 – paragraph 1 – point f a (new)
(fa) the PEPP provider formulates, publishes and regularly reviews a policy to exclude the investment od assets in certain products related to severe environmental damages, serious violations of Human Rights and the production of weapons;
Amendment 525 #
2017/0143(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The investment optionPEPP providers shall includeoffer a default investment option and may includeoffer alternative investment options.
Amendment 535 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. The default investment option shall be cost-effective and ensure capital protection for the PEPP saver, on the basis of a risk-mitigation technique that results in a safe investment strategy.
Amendment 538 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Capital protection shall allow the PEPP saver to recoup the capital invested including fees, costs and inflation.
Amendment 542 #
2017/0143(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. If PEPP providers offer alternative investment options, at least onell of them shall offer a cost-effective investment option to PEPP savers.
Amendment 565 #
2017/0143(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Adequate, independent, impartial, transparent and effective ADR procedures for the settlement of disputes between PEPP customers and PEPP providers or distributors concerning the rights and obligations arising under this Regulation shall be established in accordance with Directive 2013/11/EU of the European Parliament and the Council49 , using existing competent bodies where appropriate. Such ADR procedures shall be applicable, and the relevant ADR body’s competence shall effectively extend, to PEPP providers or distributors against whom the procedures are initiated. Participation in ADR mechanism shall be mandatory for PEPP providers. _________________ 49 Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, OJ L 165, 18.6.2013, p. 63.
Amendment 571 #
2017/0143(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The PEPP saver mayhas the right to switch PEPP providers no more frequently than once every five years after conclusion of the PEPP contractat any time during the accumulation and decumulation phases.
Amendment 593 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. TSwitching PEPP provider no more frequently than once every five years shall be free of charge for the retail investor. In case of more frequent switching, the total fees and charges applied by the transferring PEPP provider to the PEPP saver for the closure of the PEPP account held with it shall be limited to no more than 10,5 % of the positive balance to be transferred to the receiving PEPP provider.
Amendment 601 #
2017/0143(COD)
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. Fees and charges, if any, applied by the transferring or the receiving PEPP provider to the PEPP saver for any service provided under Article 46, other than those referred to in paragraphs 1, 2 and 3 of this Article, shall be reasonable and in line withThe receiving PEPP provider may only charge the actual costs of that PEPP providere switching service.
Amendment 615 #
2017/0143(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. The choice of the form of out- payments for the decumulation phase shall be exercised by PEPP savers upon conclusion of a PEPP contract and can be changed once in every five years period thereafter during the accumulation phase, on a yearly basis in the five years prior to the official retirement age, and also upon starting decumulation, if applicable.
Amendment 45 #
2017/0125(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Defence Industrial Development Programme aiming at supporting the competitiveness and innovative capacity of the EUCooperation Programme for an efficient defence industrysector
Amendment 46 #
2017/0125(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the European Defence Action Plan, adopted on 30 November 2016, the Commission described the numerous structural problems in the European defence sector which hamper the efficient use of national resources for making available the defence capabilities needed for an effective Common Security and Defence Policy (CSDP). The Commission underlined in particular that duplications, fragmentation, and other structural problems have led to a sector which generates only 15% of capabilities compared to the same investment by the United States of America. The highly inefficient structures and mechanism, coupled with a very low rate of collaborative projects lead to a loss of EUR 25 to 100 billion annually. This is why in the European Defence Action Plan, the Commission committed to complement, leverage and consolidate collaborative efforts by Member States in developing defence capabilities to respond to security challenges, as well as to foster a competitive and innovativen efficient European defence industry. It proposed in particulTo realise these objectives it is therefore necessar y to launch a European Defence Fund to support investment in joint research and the joint development of defence equipment and technologies. The Fund would support cooperation during the whole cycleenhance, at the level of the Union, the institutional framework for cooperation of Member States and undertakings in the defence industrial development sector. In addition, the Commission proposed in particular to launch efficient cooperation actions that would lead to investments by the Member States in joint research and the joint development of defence producequipment and technology developmenties.
Amendment 51 #
2017/0125(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) It is of crucial importance for the establishment of an efficient European Defence Equipment Market, including for the European Defence Industrial Programme to have a real impact, to make sure that the key regulatory preconditions are fulfilled. It should be noted in this regard that the Directive on procurement was adopted eight years ago with a view to improve the functioning of the defence market and increasing competition. If fully applied, that Directive could still significantly contribute to the achievement of an integrated open and competitive European Defence Equipment Market. However, the evaluations of that Directive identified a number of shortcomings. In particular, despite a more than twofold increase in the value of the contracts published Union-wide, a very significant share of defence procurement is still done outside Union public procurement rules leaving a significant untapped potential to generate further public savings. Furthermore, public authorities still use, to some extent, offsets/industrial return requirements which can lead to uncertainties for the industry. Finally, the provisions on subcontracting of that Directive, which enable procurement authorities to require the successful tenderer to subcontract a share of the contract to third parties via competitive tendering, are rarely applied. After eight years of inactivity, it is now time for the effective implementation of that Directive, including through enforcement by the Commission.
Amendment 56 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacitfficiency of the Union's defence industry, a European Defence Industrial Development Cooperation Programme (hereinafter referred to as the Programme) should be established jointly by the Member States and the Commission. The Programme should aim at enhancing theconsist of a comopetitiveness of the Union's defence industry inter alia cyber defence by supporting the cooperation betweenration mechanism between Member States, the Commission and undertakings inand address the development phase of defence products and technologies. The development phase, which follows the research and technology phase, and which entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the Union's defence industry. By support. By addressing the development phase, the Programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation. The Programme should complement activities carried out in accordance with Article 182 of the TFEU and it does not cover the production of defence products and technologies.
Amendment 64 #
2017/0125(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Programme should cover a two year period from 1 January 2019 to 31 December 2020 whereas the amount for the implementation of the Programme should be determined for this period.
Amendment 67 #
2017/0125(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Programme should be implemented in full compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council6. Funding may take in particular the form of grants. Financial instruments or public procurement may be used where appropriate. _________________ 6 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Amendment 71 #
2017/0125(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 73 #
2017/0125(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In view of the specificities of the sector, in practice no collaborative project between undertakings willshould be launched if the Member States have not first agreed to support such projects. After having defined common defence capability priorities at Union-level and also taking into acvia the Capability Development Plan in the count where appropriate collaborative initiatives on a regional basisext of the Common Security and Defence Policy (CSDP), Member States identify and consolidate military requirements and define the technical specifications of the project. They may also appoint a project manager in charge of leading the work related to the development of a collaborative project.
Amendment 76 #
2017/0125(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 78 #
2017/0125(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The Union financial contribution to be drawn from existing administrative budget of the Union, should be available exclusively to support actions of administrative and organisational nature, necessary for establishing the appropriate cooperation mechanisms and leading to the development and the implementation of the Programme. Actions implemented under the Programme should be fully financed by the Member States and as appropriate by the ATHENA Mechanism.
Amendment 80 #
2017/0125(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Union financial support should not affect the export of products, equipment or technologies, and it should not affect the discretion of Member States regarding policy on the export of defence related products. The Union financial support should not affect Member States' export policies on defence related productsmilitary or dual-use technology supported by the Programme should only be exported to NATO allies and friendly nations which fully comply with the provisions of the Arms Trade Treaty (ATT).
Amendment 85 #
2017/0125(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitiveness of the Union defence industry byincrease the level of efficiency of cooperation between Member States and de-risking the development phase of cooperative defence industry projects, actions related to the development of a defence product or technology, namely definition of common technical specifications, design, prototyping, testing, qualification, certification as well feasibility studies and other supporting measures, should be eligible to benefit from itshould be considered under the Programme. This will also apply to the upgrade of existing defence products and technologies.
Amendment 93 #
2017/0125(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between undertakings across and between Member States, an action should be eligible for fundingconsidered under the Programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different Member States.
Amendment 97 #
2017/0125(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Cross-border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications. The absence or limited level of common technical specifications have led to increased complexity, delays and inflated costs in the development phase. The agreement on common technical specifications should be a condition in order to benefit from the Union's administrative support under this Programme. Actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the Programme.
Amendment 99 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitivenessefficiency of the cooperation of the Union's defence industry, only entities established in the Union and effectively controlled by Member States or their nationals should be eligible for support. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiarieparticipants and subcontractors in actions fundsupported under the Programme, shall not be located on the territory of non-Member States and shall not be subject to control or restrictions by third countries, undertakings or public entities in third countries.
Amendment 107 #
2017/0125(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Eligible actions developed in the context of Permanent Structured Cooperation in the institutional framework of the Union would ensure enhanced cooperation between undertakings in the different Member States on a continuous basis and thus directly contribute to the aims of the Programme. Such projects should thus be eligible for an increased funding rateadministrative support by the Commission.
Amendment 109 #
2017/0125(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 114 #
2017/0125(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security interests of the Union as defined objectively within the context of the Common Security and Defence Policy (CSDP). Accordingly, the action's contribution to those interests and to the defence capability priorities commonly agreed by Member States within the context of CSDP should serve as an award criterion. Within the Union, common defence capability priorities are identified notably through the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence (CARD) and the Permanent Structured Cooperation will support the implementation of relevant priorities through enhanced cooperation. Where appropriate regional or international cooperative initiatives, such as in the NATO context, and serving the Union security and defence interest, may also be taken into account.
Amendment 116 #
2017/0125(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure that the funded actions are viable, the Member States commitment to effectively contribute to the financing of the action should be an award criterion for such actionsMember States should consider whether to make use of the already existing intergovernmental ATHENA mechanism of the Common Security and Defence Policy (CSDP) for co-funding actions under the Programme.
Amendment 117 #
2017/0125(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the funded actions will contribute to the competitivenessa higher level of efficiency of the European defence industry, they should be market-oriented and demand driven. Therefore, the fact that Member States have already committed to jointly produce and procure the final product or technology, possibly in a coordinated way, should be taken into account in the award criteria. In order to reduce market distortions in the defence sector, which often hamper efficient projects, it is of crucial importance to exclude subsidising the defence industry via the use of Union funds.
Amendment 120 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 128 #
2017/0125(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As the Union support aims at enhancing the competitiveness ofefficient cooperation within the sector and concerns only the specific development phase, the Commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions supported. The applicable intellectual property rights regime will be defined contractually by the beneficiarieparticipants.
Amendment 137 #
2017/0125(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) For the selection of actions to be fundsupported by the Programme, the Commission or the entities referred to in Article 58(1)(c) of Regulation N°o 966/2012 should organise competitive calls as provided for by Regulation No 966/2012. After evaluation of the received proposals with the help of independent experts, the Commission will select the actions to be fundsupported under the Programme. In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission as regards the adoption and the implementation of the work programme, as well as for awarding the fundingsupport to selected actions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council7. _________________ 7 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers
Amendment 142 #
2017/0125(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an interim progress report by the end of the first year of implementation and an implementation report at the end of the Programme, examining the financial activities in terms of financial implementation results and where possible, impact. This report should also analyse the cross border participation of SMEs in projects under the Programme as well as the participation of SMEs to the global value chain.
Amendment 146 #
2017/0125(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
A European cooperation mechanism between the Commission, the Member States and undertakings supporting the development and implementation of a joint European Defence Industrial Development Programme (hereinafter referred to as 'the Programme') for Union action covering the period from 1st January 2019 to 31 December 2020 is hereby established.
Amendment 147 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
Amendment 149 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the competitiveness and innovation capacity of the Union defence industry by supporting actions in their development phaseincrease efficient cooperation between Member States by supporting actions on Union territory in the development phase of the defence industry;
Amendment 157 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) to support and leverage the cooperation between Member States and with undertakings, including small and medium-sized enterprises, in the development of technologies or products solely in line with defence capability priorities commonly agreed by Member States within the Union in the context of the Capability Development Plan of the Common Security and Defence Policy (CSDP);
Amendment 165 #
Amendment 166 #
2017/0125(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 171 #
2017/0125(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 176 #
2017/0125(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 177 #
Amendment 180 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Programme shall provide support for actions by beneficiarieidentify and develop actions by participants in the development phase covering both new and the upgrade of existing products and technologies, in relation to:
Amendment 187 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 193 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three undertakings which are established in at least two different Member States. The undertakings which are beneficiarieand their subcontractors which are participants shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other.
Amendment 200 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
Amendment 201 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. Actions which contribute in parts or entirely (parts and components including software, artificial intelligence features, and any relevant dual-use technologies), directly or indirectly to the production of armed unmanned aerial vehicles shall be excluded from the Programme as long as no Council Decision on the use of such new military technology exists which upholds international human rights law and international humanitarian law and which addresses issues such as a legal framework, proportionality, protection of civilians and transparency.
Amendment 202 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 c (new)
Article 6 – paragraph 4 c (new)
4c. Military or dual-use technology supported by the Programme shall only be exported to NATO allies and friendly nations which fully comply with the provisions of the Arms Trade Treaty (ATT). Such exports shall also fully comply with the eight criteria provided for in Common position 944/2008/CFSP on arms exports. The results of cooperation between Member States under the Programme shall only be authorised for export if all participating Member States agree. The Commission shall put in place a tracking mechanism to verify the end- use and end-users of the technology supported by the Programme and report about their status every six months to the European Parliament and to the Council.
Amendment 203 #
Amendment 206 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakingParticipants in the actions foreseen by the Programme shall be undertakings and their subcontractors established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions fundedoreseen under the Programme shall not be located on the territory of non-Member States during the entire duration of the action. The use of these infrastructures, facilities, assets and resources shall not be under the control of any third country or entity established outside of the Union.
Amendment 212 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. In case a change occurs regarding the effective control of an undertaking participating in actions foreseen under the Programme, the undertaking concerned shall inform without delay the Commission and competent authority in the Member State in which it is established, which will then jointly decide on appropriate measures with regard to the protection of national and Union interests.
Amendment 215 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. If the beneficiaryparticipant, as defined in paragraph 1, is developing an action, as defined in Article 6, in the context of Permanent Structured Cooperation, it shall be eligibleidentified for the increased fundingadministrative support referred to in Article 11(2) in respect of that action.
Amendment 216 #
Amendment 219 #
2017/0125(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Union’s financial assistance is provided through a grantadministrative support is provided, the members of any consortium wishing to participate in an action shall appoint one of them to act as coordinator, which shall be identified in the grant agreement. The coordinator shall be the principal point of contact between the members of the consortium in relations with the Commission or the relevant funding body, unless specified otherwise in the grant agreement or in the event of non- compliance with its obligations under the grant agreement.
Amendment 220 #
2017/0125(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The members of a consortium participating in an action shall conclude an internal agreement establishing their rights and obligations with respect to the implementation of the action (in compliance with the grant agreement), except in duly justified cases provided for in the work programme or call for proposals.
Amendment 221 #
Amendment 222 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
Actions proposed for funding underinclusion in the Programme and eligible for administrative support shall be evaluated on the basis of the following cumulative criteria:
Amendment 227 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) contribution to the innovation and technological development of defence industries and thus to fostering the industrial autonomy of the Union in the field of defence technologiesrelation to the capability requirements under the Common Security and Defence Policy (CSDP); and,
Amendment 228 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) contribution to the sCommon Security and dDefence interests of the UnionPolicy (CSDP) by enhancing defence technologies which contribute to implement defence capability priorities commonly agreed by Member States within the Unioin the context of the Capability Development Plan; and,
Amendment 229 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) viability notably via a demonstration by the beneficiaries that the remainingparticipants that the costs of the eligible action are covered by other means of financing such as Member States’ contributions and the ATHENA mechanism; and
Amendment 232 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) for actions described in points (b) to (e) of Article 6(1), the contribution to the competitiveness of thea more efficient and integrated European defence industry inter alia through the demonstration by the beneficiarieparticipants that Member States have committed to jointly produce and procure the final product or technology in a coordinated way, including joint procurement where applicable.
Amendment 237 #
2017/0125(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 246 #
2017/0125(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall not own the products or technologies resulting from the action nor shall it have any IPR claim pertaining to the action. The results of the actions under the Programme shall under no circumstances be under the control of any third country or entity established outside of the Union.
Amendment 251 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The work programme shall set out in detail the categories of projects to be funded under the Programmeincluded in the Programme as well as the commitment of the Member States for financing their implementation;
Amendment 254 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The work programme shall ensure that a credible proportion of the overall budget will benefit actionsactions foreseen enablinges the cross-border participation of SMEs.
Amendment 257 #
2017/0125(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 259 #
2017/0125(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The European Defence Agency and representatives of the European Parliament, civil society and academia shall be invited as observers.
Amendment 261 #
2017/0125(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The Commission shall establish an advisory group composed of independent experts, academic and civil society organisations to provide advice to the Committee in particular on the compatibility of technology supported by the Programme as regards moral, ethical and international law obligations of both the Union and its Member States.
Amendment 267 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospective evaluation report and send it to the European Parliament and to the Council. The report - building on relevant consultations of Member States and key stakeholders - shall notably assess the progress made towards the achievement of objectives set out in Article 2 and shall be submitted to the European Parliament and to the Council every six months. It shall also analyse cross border participation of SMEs in projects implemented under the programme as well as the participation of SMEs to the global value chain.
Amendment 69 #
2017/0087(COD)
Proposal for a regulation
Recital 2
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 and address possible breaches of the EU rights of citizens and businesses.
Amendment 73 #
2017/0087(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Detecting and, where appropriate, addressing such difficulties in an efficient and effective manner requires timely access to comprehensive, accurate and reliable quantitative and qualitative market information at the appropriate level. This is particularly the case when the Commission acts as guardian of the Treaties, pursuant to Article 17(1) TEU which entrusts the Commission with the tasks to ensure the application of the Treaties, and of the measures adopted by the institutions pursuant to them, and to oversee the application of Union law. As established by the Court of Justice on numerous occasions in the context of infringement proceedings under Article 258 TFEU, it is the Commission’s responsibility to place before the Court of Justice all the relevant factual information to prove the existence of an infringement. Such information may include in certain instances market information, such as hidden costs, business strategies based on data on investments and demands, pricing policy, needed to enable the Court of Justice to establish whether the Union law has been breached.
Amendment 104 #
2017/0087(COD)
Proposal for a regulation
Recital 12
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 or preventing a presumed, i.e. based on the available information, difficulty or serious problem with the application of Union law in the areas of the internal market, agriculture and fisheries (excluding the conservation of marine biological resources), transport, environment and energy. Their aim is not to prosecute undertakings for the underpinning behaviour, if any. Accordingly, sanctions provided for in the instrumentis Regulation 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 requests 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. Taking this into account, SMEs should be subject only to 'simple requests' for information which foresees a lighter regime of sanctions for non-compliance. SMEs would normally not and should not incur any significant additional costs of data gathering in response to this tool'simple requests' for information. 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 Council29 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).
Amendment 110 #
2017/0087(COD)
Proposal for a regulation
Recital 14
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 afterwhen the use of other tools and sources of relevant information have proven inadequate, for contributing to the conception or design of regulatory solutionand enforcement measures. 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.
Amendment 117 #
2017/0087(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure the effectiveness of the tool, 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 which should only be subject to 'simple requests'. 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.
Amendment 133 #
2017/0087(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking, i.e. its disclosure will be significantly detrimental to its economic interests. 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 to ensure that confidential information provided to the Commission are treated in compliance with Article 339 TFEU,. For this purpose 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 taken.
Amendment 139 #
2017/0087(COD)
Proposal for a regulation
Recital 22
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 Regulation (EU) 2016/679. 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). 31 Regulation (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).
Amendment 185 #
2017/0087(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Where a serious difficulty with the application of Union law risks undermining the attainment of an important Union policy objective as defined in Article 3(3) of the TEU, or acting on the basis of information supplied by third-parties, 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.
Amendment 198 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) the information has not been provided by the existing mechanisms at the disposal of the Commission
Amendment 214 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
When drafting the summary descriptions, reasoned explanations and criteria, the Commission shall take all appropriate measures to protect the identities of any individuals who have supplied information.
Amendment 227 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
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 in order to avoid significant additional costs and administrative burdens as a result of the requests for information.
Amendment 237 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may, by simple request only, require small-and-medium enterprises to provide information.
Amendment 254 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 2
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 be provided. It shall also refer to the fines provided for in Article 9(1) for supplying incorrect or misleading information or do not supply information within the prescribed time limit.
Amendment 257 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
A recipient of a request for information shall have the possibility to request an extension of the time limit pursuant to Article 14.
Amendment 290 #
2017/0087(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Commission shall give the addressee the opportunity to make their views known within a period of one month from the adoption of a decision or request pursuant to Article 6(1). This period shall not be taken into consideration for the calculation of deadlines for submission of responses.
Amendment 299 #
2017/0087(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The Commission shall verify whether 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 based on an assessment whether the disclosure of such information would cause significant harm to the economic interests of the undertakings or association of undertakings.
Amendment 319 #
2017/0087(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) where such information has lost its commercial importance, for instance due to the passage of time, and can no longer be considered as confidential.
Amendment 324 #
2017/0087(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
The information that has already been made public may be used by the Commission for a purpose other than the one set out in this Regulation such as law enforcement of Union Single Market rules and policy development.
Amendment 336 #
2017/0087(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) supply incorrect or misleading information in response to a request made pursuant to Article 6(2) or do not supply the information within the prescribed time limit;
Amendment 384 #
2017/0087(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Any request for extension of a deadline may only be requested once by the recipient of a request for information.
Amendment 389 #
2017/0087(COD)
Proposal for a regulation
Article 17 – paragraph 1
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 in accordance with the national laws, regulations or administrative provisions transposing Directive 95/46/ECRegulation (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.
Amendment 58 #
2016/2313(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the consideration of BiH’'s EU membership application by the Council and looks forward to the Commission’'s opinion on the merits of the application for membership; believes that it is of strategic importance to get as fast as possible to the stage of accession negotiations; calls on competent BiH authorities at all levels to cooperate and coordinate in participating into the Commission’'s Opinion process by providing a single set of replies to the Commission’'s inquiries;
Amendment 71 #
2016/2313(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the progress on the implementation of the 2015-2018 Reform Agenda, as well as the country’'s determination to pursue further institutional and socio-economic reforms; stresses that harmonised implementation of the Reform Agenda is needed to achieve real change across the country and to improve the lives of all BiH citizens; calls for maintaining the reform momentum to be maintained in order to transform BiH into a fully effective, inclusive and functional state; deplores that there has been no progress regarding alignment with the EU acquis during the past 12 months except for some limited progress in the fields of transport and environment; regrets that common reform efforts often continue often to be hampered by ethnic and political divisions; considers it essential to maintain consensus on EU integration and to advance in a concerted manner on the rule of law, including the fight against corruption and organised crime, the reform of the judiciary and public administration;
Amendment 80 #
2016/2313(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the April 2016 BiH Council of Ministers Strategy for EU integration of BiH; deplores that since April 2016 the Council has failed to discuss and agree on the strategy's implementation, in particular with regard to annual action plans which should ensure harmonised nation-wide alignment with the EU acquis;
Amendment 110 #
2016/2313(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the results of the 2013 census are an important basis for providing aadequately responding to the questions; deplores the very bad quality of statisfactory response to the Commission questionnairetics across almost all sectors and urges the authorities to make significant progress in this crucial field a priority until the next progress report;
Amendment 235 #
2016/2313(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is concerned about cases of political pressure and intimidation against journalists, including physical and verbal attacks, and including by high-level officials or former officials, as well as by the lack of transparency in the media ownership; is also concerned by the use of civil defamation lawsuits against critical media outlets and journalists; emphasiszes the need to investigate attacks against journalists and ensure proper judicial follow-up; calls on authorities to unequivocally condemn all attacks against journalists and media outlets; calls on the competent authorities to ensure the independence and financial stability of the three public service broadcasters as well as the political, operational and financial independence of the Communications Regulatory Authority; calls forurges to finalise the digital switchover to be finalised and for a broadband strategy to be drawn upand to set up a broadband strategy; encourages the Commission to more frequently attend trials against journalists and media professionals;
Amendment 260 #
2016/2313(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Urges for alignment with the EU acquis in the field of nature protection; underlines that planning and construction of hydropower plants and projects require compliance with international and EU environmental legislation including the Birds and Habitats Directives and the Environmental Impact Assessment Directive; stresses the urgent need to avoid any negative impacts on areas of high nature interest by improving the quality of environmental impact assessments as well as to guarantee public participation and consultation of civil society in relevant projects;
Amendment 261 #
2016/2313(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Calls for the cancellation of the hydropower projects and plans that are harmful to nature, against the will of the local population, not in line with local or entity spatial development plans and are beneficial only to investors;
Amendment 262 #
2016/2313(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21 c. Urges the authorities to ensure alignment with EU and international standards and policy objectives in the field of energy and climate change; deplores that the country's efforts to combat climate change stays on the declarative level while at the same time decisions are being taken about the planning of new coal thermal power plants;
Amendment 131 #
2016/2312(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Welcomes the work of the Ombudsman, in particular related to the rights of the most vulnerable groups; stresses the need to further increase his impact by overcoming funding and staffing problems at his central and local offices;
Amendment 168 #
2016/2312(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Underlines that the right to life, including the right for children to attend school and to have a normal social life, is still heavily undermined by the existence of blood feuds in Albania; urges the authorities to implement the March 2015 resolution and recommendations by the Parliament and to reactivate the Coordination Council without any further delay;
Amendment 180 #
2016/2312(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Deplores that the ecological and socio-economic impacts of hydropower plants and projects are not properly assessed in order to ensure compliance with international standards and relevant EU nature legislation; is deeply concerned about the fact that 44 of 71 hydropower plant projects are under construction in protected areas; underlines the need to improve the quality of environmental impact assessments as well as to guarantee public participation and consultation of civil society in relevant projects in particular as regards the Pocem hydropower project on the Vjosa river;
Amendment 184 #
2016/2312(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Welcomes the 2015-2020 national action plan for renewable energy sources (RES) and its 38% target; stresses, however, the crucial importance to attend climate change objectives without negatively impacting biodiversity, the landscape, water resources, fauna, flora and affected local population;
Amendment 185 #
2016/2312(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Urges the government to stop hydropower projects inside protected areas and other areas with high natural value; urges the government to declare a three-year moratorium on hydropower projects constructions and to urgently develop a national strategy defining go and no-go areas for future hydropower development; advises the government to consider the establishment of a Vjosa National Park and to abandon plans for new hydropower plants along the Vjosa River and its tributaries;
Amendment 23 #
2016/2311(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Serbia has taken important steps towards the normalisation of relations with Kosovo, resulting in the First Agreement on the Principles of Normalisation of Relations of 19 April 2013 and the August 2015 agreements; whereas further steps are urgently needed in order to deal with, move forward and solve all pending issues between the two countries;
Amendment 58 #
2016/2311(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the continued engagement of Serbia on the path of integration into the EUuropean Union and its constructive and well-prepared approach to the negotiations, which is a clear sign of determination and political will; calls on Serbia to actively promote this strategic decision amongin the Serbian popublic and to conduct this process in a transparent manner open to all stakeholders and in consultation with civil society organisations;
Amendment 69 #
2016/2311(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the thorough implementation of reforms and policies remains a key indicator of a successful integration process; calls on Serbia to improve the planning, coordination and monitoring of the implementation of new legislation and policies and to set up, in this respect, an adequate and efficient administrative capacity;
Amendment 83 #
2016/2311(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Regrets that Serbia was not able to establish an agency for implementing the Instrument for Pre-Accession in Rural Development (IPARD) programme since due to the lack of staff the Department for Agrarian Payments could get access to all the funds available;
Amendment 90 #
2016/2311(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the conduct of the parliamentary elections on 24 April 2016 which were assessed positively by the international observers; calls on the authorities to fully address the recommendations of the OSCE/ODIHR election observation mission with regard, in particular, to the public display of voters' lists and the transparency of the financing of political parties and electoral campaigning;
Amendment 122 #
2016/2311(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Commends Serbia’'s constructive approach in dealing with the migration crisis; takes positive note of the fact that Serbia has made substantial efforts to ensure that third country nationals receive shelter and humanitarian supplies with EU and international support; stresses that Serbia should adopt and implement the new asylum law; calls on the Commission and the Council to provide continued support for Serbia in addressing migration challenges; encourages Serbia to ensure that the downward trend sustain the decreasing the numberrend of asylum seekers coming into the EU from Serbia continuesfrom Serbia to the EU and to fully respect the rights of asylum applicants in Serbia;
Amendment 133 #
2016/2311(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that, while some progress has been made in the area relating to the judiciary, in particular byof judiciary, namely in taking steps to harmonise jurisprudence and by further promoting a merit-based recruitment system, judicial independence is not assured in practice; stresses that the quality and efficiency of the judiciary and access to justice remain undermined by an uneven distribution of the workload, a burdensome case backlog and the lack of a free legal aid system that needs to be established; calls for the implementation of the rulings of the European Court of Human Rights;
Amendment 147 #
2016/2311(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the progress made in the fight against organised crime and the adoption of Serbia’'s first national serious and organise crime threat assessment (SOCTA); calls on Serbia to step up efforts to investigate wider criminal networks, improve financial investigations and intelligence-led policing and develop a solid track record of final convictions; has taken note of the controversial events in Belgrade’s Savamala district and calls for their swift resolution;
Amendment 161 #
2016/2311(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Points out that corruption and organized crime are widespread in the region and also represent an obstacle to Serbia's democratic, social and economic development; considers that a regional strategy and enhanced cooperation between all the countries in the region are essential to tackle these issues more effectively;
Amendment 162 #
2016/2311(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Expresses its concern at the incidents that took place last April concerning the "Savamala" project with regard, in particular, to the demolition of private property by masked people; urges the competent authorities to fully cooperate with the ongoing judicial investigation and calls for the perpetrators to be brought to justice;
Amendment 193 #
2016/2311(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the importance of independent regulatory bodies, including the Ombudsman, in ensuring oversight and accountability of the executive; calls on the authorities to provide the Ombudsman with full political and administrative support for his work and to refrain from unfounded political attacks;
Amendment 224 #
2016/2311(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates its concern that no progress has been made to improve the situation regarding freedom of expression and of the media; stresses that political interference, threats, violence and, intimidation and physical attacks against journalists remain an issue of concern; calls on the authorities to investigate any cases of attacks against journalists and media outlets and bring perpetrators to justice; calls for the full implementation of media laws; underlines the need for complete transparency in media ownership and funding of media;
Amendment 227 #
2016/2311(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls on the government of Serbia and high ranking officials to stop smear campaigns and verbal attacks against critical journalists and media outlets, to unequivocally condemn all attacks against journalists and media outlets and make clear that violence and threats against journalists will not be tolerated and to take concrete steps to accelerate the work of the commission established to investigate the murder of prominent journalists and the trial against state security officials suspected of involvement; encourages the EU delegation and the embassies of the Member States to regularly attend and monitor trials against journalists and media professionals;
Amendment 265 #
2016/2311(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the factNotes that Serbia remains constructively committed to bilateral relations with othersome enlargement countries and neighbouring EU Member States; has takentook positive note of the fact that Serbia has shown an increasingly constructive engagement in regional cooperation initiatives such as the South- East Europe Cooperation Process, the Regional Cooperation Council, the Central European Free Trade Agreement, the Adriatic-Ionian Initiative, the Brdo process, the Western Balkan Six initiative and its connectivity agenda and the Berlin process; calls on Serbia to implement the connectivity reform measures associated with the connectivity agenda; underlines that outstanding bilateral disputes should not have a detrimental effect on the accession process; calls on Serbia to promote a climate of respect and tolerance and condemn all forms of hate speech, public approval and denial of genocide, crimes against humanity and war crimes; welcomes the adoption of a national strategy for the investigation and prosecution of war crimes; notes that the mandate of the former War Crimes Prosecutor expired in December 2015; stresses that the appointment of his successor is a matter of serious concern; calls for the implementation of this strategy and the adoption of an operational prosecutorial strategy; calls for full cooperation with the International Criminal Tribunal for the former Yugoslavia (effective investigation of high-profile war crimes cases and for improving regional cooperation in war crime cases; deplores the refusal of the Serbian authorities to act upon the ICTY court order for the arrest of three members of the Radical party issued in 2015 and calls for full cooperation with the ICTY); urges the authorities to continue working on the issue of the fate of missing personsstep up their efforts on the issue of the fate of missing persons; reiterates its support for the initiative to establish the Regional commission for the establishment of facts about war crimes and other serious violations of human rights committed in the former Yugoslavia (RECOM) and urges the government of Serbia to take the lead on its establishment;
Amendment 318 #
2016/2311(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Serbia to fully implement the connectivity reform measures in the energy sector; encourages Serbia to develop competition in the gas market and to take measures to improve the alignment with the acquis in the fields of energy efficiency and renewable energy, renewable energy and the fight against climate change; calls, in this respect, for the ratification of the Paris Climate agreement; urges the development of a hydropower strategy for the Western Balkans as a whole in line with EU environmental legislation;
Amendment 323 #
2016/2311(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Points out that Serbia has yet to adopt formally the Water Management Strategy and has not yet revised the Law on Waters and the National Danube River Basin Management Plan; stresses that these laws are of fundamental importance for further aligning with the EU acquis and for improving the implementation of the EU directives in the water sector;
Amendment 325 #
2016/2311(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Expresses its concern at the reports from the Batut medical institute that have shown that since the NATO bombing in 1999 the number of leukaemia-related deaths and new diagnosis has sharply increased; urges the Commission to support further investigation and research on this problem and to explore the possibility to provide the Serbian authorities with the adequate technical and medical assistance to cope with this emergency situation;
Amendment 27 #
2016/2310(INI)
Motion for a resolution
Recital B
Recital B
B. whereas reforms and accession preparations are being hampered by political polarisationzation, deep mutual mistrust and lack of a genuine dialogue between the parties; whereas backsliding in some important areas can be observed;
Amendment 53 #
2016/2310(INI)
Motion for a resolution
Recital E
Recital E
E. whereas accession negotiations should be opened upon the fulfilment of required conditions; whereas the country has been wrongly considered for many years as one of the most advanced countries in terms of alignment with the acquis;
Amendment 55 #
2016/2310(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the recent political crisis has shown the lack of an effective system of checks and balances in the Macedonian institutions and the necessity to increase transparency and public accountability including adequate mechanisms of oversight of the main services and internal structures;
Amendment 66 #
2016/2310(INI)
Motion for a resolution
Recital F
Recital F
F. whereas bilateral disputes should be duly addressed in compliance with EU and UN standards and in the framework of international organs of arbitration and should not represent an obstacle to the opening of accession negotiations;
Amendment 85 #
2016/2310(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the overall peaceful conduct and the respect for fundamental freedoms shown at the elections of 11 December 2016; urges all political parties to accept its results in the interest of domestic stability and underlines their responsibility to ensure that there is no backsliding into political crisis; calls for a swift formation of a new government in order to make use of the mandate to carry on with necessary reforms; considers cross- party cooperation essential for addressing pressing domestic and EU-related challenges;
Amendment 104 #
2016/2310(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expects the new government, in cooperation with other parties, to accelerate EU-related reforms; reiterates its support for the opening of accession negotiations, conditional on the progress of the implementation of the Przhino Agreement and the Urgent Reform Priorities; continues to be convinced that negotiations can create a new dynamic, revitalize the European perspective and generate much-needed reforms and positively influence the resolution of bilateral disputes;
Amendment 153 #
2016/2310(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the Special Prosecutor has raised the first criminal indictments concerning wrongdoings arising from the wiretaps; is concerned about attacks and obstruction against her work and the lack of cooperation from other institutions; considers it essential for the democratic process to enable the Special Prosecutor’'s Office to carry out thorough investigations in full autonomy and with the necessary adequate means;
Amendment 167 #
2016/2310(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Points out that corruption and organized crime are widespread in the region and also represent an obstacle to Macedonia's democratic, social and economic development; considers that a regional strategy and enhanced cooperation between all the countries in the region are essential to tackle these issues more effectively;
Amendment 177 #
2016/2310(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Remains concerned about radicalDeplores the harsh and unjustified public attacks on CSOs and foreign representatives by some politicians and the media; is concerned about limited government commitment and insufficient cooperation with CSOs at all levels; highlights the importance of a regular and constructive dialogue with the civil society and urges the competent authorities to include CSOs in policymaking in a regular and structured manner;
Amendment 211 #
2016/2310(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that the interethnic situation remains fragile; urges all political parties and CSOs to actively promote an inclusive and tolerant multi-ethnic, multi- cultural and multi-religious society and to strengthen coexistence and dialogue; reminds the government and party leaders of their commitment to fully implement the OFA and to complete its review, including policy recommendations; stresses the importance to start the long-awaited census without further delay;
Amendment 257 #
2016/2310(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Expresses its concern at the alarming level of air pollution that according to a recent study of the Public Health Institute of Macedonia causes annually 30% - 35% of the diseases in the country and over 1300 deaths; draws the attention, in particular, to Skopje urban area and calls on the state and local authorities to urgently take adequate measures to cope with this emergency;
Amendment 259 #
2016/2310(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Takes note of a number of planned infrastructure project within protected areas that would be likely to cause significant impacts on future Natura 2000 sites (current Emerald site); calls, in this regard, for respecting the recommendation of the Bern Convention's Standing Committee (No. 184(2015)) by suspending the implementation of the projects within the territory of the Mavrovo National Park until a Strategic Environmental Assessment is completed in full compliance with the EU environment legislation; further calls for respecting the Decision (40 COM 7B.68) concerning the Natural and Cultural Heritage of the Ohrid region to prepare an overall Strategic Environmental Assessment (SEA) and Heritage Impact Assessment (HIA) before any further work is undertaken; urges the development of a hydropower strategy for the Western Balkans as a whole in line with EU environmental legislation;
Amendment 260 #
2016/2310(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Encourages Macedonia to develop competition in the gas and energy market towards the unbundling of utilities in line with the EU Third Energy Package; calls for a substantial improvement as regards energy efficiency, the production of renewable energy and the fight against climate change; calls for the ratification of the Paris Climate agreement;
Amendment 313 #
2016/2310(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. WHighlights the constructive commitment of Macedonia to bilateral relations with the neighbours and neighbouring EU Member States and positively notes its engagement in regional initiatives; welcomes the activities in the framework of the Berlin Process, which demonstrates the strong political support for the European perspective of the Western Balkans countries; welcomes the tangible results from the joint initiative for confidence-building measures with Greece; strongly reiterates its invitation to the Vice- President/High Representative (VP/HR) and the Commission, to develop new initiatives to overcome the remaining differences and to work, in cooperation with the two countries and the UN Special Representative, on a mutually acceptable solution on the name issue and to report back to Parliament thereon;
Amendment 316 #
2016/2310(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Recalls the ruling of the International Court of Justice of 5 December 2011; supports the proposal by UN envoy Nimetz of a composite name with geographical qualifier as long as Macedonian nationality, identity, culture and language are not affected;
Amendment 21 #
2016/2309(INI)
Motion for a resolution
Recital D
Recital D
D. whereas corruption and organised crime remains a serious concern;
Amendment 23 #
2016/2309(INI)
Motion for a resolution
Recital E
Recital E
E. whereas civil society organisations (CSOs) are partly being included in the reform process in Montenegro;
Amendment 38 #
2016/2309(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the continued steady progress in the accession negotiations, noting that so far 26 chapters have been opened for negotiations and 2 chapters have been provisionally closed; encourages Montenegro to work on meeting all benchmarks and to continue focusing on the fundamentals of the accession process; recalls that it is essential to deliver concrete results with a strong and sustainable implementation record;
Amendment 49 #
2016/2309(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Commends the competent authorities for holding parliamentary elections on 16 October 2016 in an orderly manner in which fundamental freedoms were generally respected; welcomes the revised legal framework under which the elections took place, but notes the persistence of some administrative deficiencies, including on the part of the State Election Commission (SEC), as well as concerns about the accuracy of the electoral register and politicisation; expects that the alleged procedural irregularities, including alleged abuses of state funds and abuse of office, and any other reported shortcomings, will be investigated fully and addressed effectively by the competent authorities; expects that political independence of the State Election Commission is to be sustained; notes with regret that part of the opposition has not recognised the results of the elections; recognises the attempts by external actors to discredit the electoral process and the difficulties this has caused;
Amendment 53 #
2016/2309(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes the attempts by Russia to influence developments in Montenegro;
Amendment 58 #
2016/2309(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the attempts by Russia to influence developments in Montenegro; iIs concerned about the serious incidents that occurred on 16 October 2016, and calls on the Vice-President of the European Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), and on the Commission, to follow closely ongoing investigations by the competent authorities; considers it important that relevant services of the Member States share information pertaining to these incidents among themselves and with the VP/HR and the Commission; calls on relevant authorities to investigate in a politically neutral manner and to objectively inform the wider public about evidence gathered and conclusions generated;
Amendment 66 #
2016/2309(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is deeply concerned about the government's decision to suspend the internet services of Viber and WhatsApp on election day as reported by OSCE/ODIHR and calls on competent authorities to investigate relevant decisions and measure and their compatibility with both national laws, constitutional provisions and EU principles and standards; is deeply concerned about the hacking of the website of the Center for Democratic Transition (CDT) a few days before elections which also hindered the work of civil society organisations in monitoring elections;
Amendment 76 #
2016/2309(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges both Government and Parliament to introduce the criminal offence of illicit enrichment by public officials in accordance with United Nations Convention Against Corruption (UNCAC) into the Montenegrin criminal code;
Amendment 77 #
2016/2309(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Invites the Government to improve access to public information, especially in relation to large infrastructure projects such as the construction of highways, privatisation, public procurements and judicial operations;
Amendment 90 #
2016/2309(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes progress in judiciary reform, including improved institutional capacities; remains concerned about undue influence on judicial independence, especially with regard to the appointment of judges; emphasises the need to strengthen the accountability of the judiciary by developing a track record of implementation of codes of ethics and of the new disciplinary systems for judges and prosecutors; stresses the need to rationalise the judicial network, and to further improve capacities to monitor backlogs at courts and to reduce further the number of pending cases; is concerned about the lack of institutional and individual accountability and responsibility for insufficient results when it comes to processing indictments for corruption, money laundering and organised crime;
Amendment 94 #
2016/2309(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the further strengthening of the anti-corruption framework, inter alia by making the Anti-Corruption Agency fully operational and by appointing special anti-corruption prosecutors; considers it essential to ensure their independence in investigations; stresses repeatedly the need to establish a track record on successful investigations and convictions, in particular in high-level corruption cases, and on measures to prevent corruption; calls on the new government to make combating corruption one of its priorities by allocating sufficient human and budgetary resources to the task; emphases the importance of politically impartial, professional and transparent activities of the Anti- Corruption Agency, especially with regard to high-level corruption cases and political party financing;
Amendment 140 #
2016/2309(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Remains concerned about the state of media freedom in Montenegro; urges again the competent authorities to resolve the long-pending cases of violence, including the 2004 murder case, against, intimidation of and threats made to journalists, to take measures to protect media professionals and to create a safe environment for free journalism; is also concerned about attacks perpetrated by police forces and about recent cases of pressure and intimidation against journalists, including smear campaigns, physical attacks and threats, as well as cases of interference with media during anti-government demonstrations, including arbitrary arrests and seizure of equipment; is also concernend by continued lack of proper investigation into these attacks and of resolution of these cases, leading to a chilling effect on freedom of expression; insists on transparent state advertising in private media, on the amendment of the Montenegrin criminal code and on the introduction of new criminal offenses aimed at preventing and punishing attacks on journalists discharging their professional duties; acknowledges the legal measures taken to provide greater financial independence and sustainability for the public service broadcaster RTCG, and calls for further steps to ensure its independence, including editorial independence; encourages the EU Delegation and EU Member States to more regularly attend trials against journalists and media professionals;
Amendment 148 #
2016/2309(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Express concerns of the continued detention of journalist Jovo Martinovic and the lack of due process of his trial, by the use of civil defamation lawsuits disproportionately targeting critical media outlets and journalists;
Amendment 149 #
2016/2309(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Calls on the authorities of Montenegro to release journalist Jovo Martinovic on bail and respect due process standards in his trial;
Amendment 173 #
2016/2309(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WHonours the fact that according to its constitution Montenegro is an ecological state; welcomes the new law on the environment, as well as the national strategy for the transposition and implementation of the EU acquis on the environment and climate change and its 2016-2020 action plan; stresses the need to reinforce implementation efforts, in particular in water, nature protection and waste management, as well as related administrative capacities at all levels; is concerned about the significant delay in establishing protection over the potential Natura 2000 site of Ulcinj Salina; calls for further efforts to preserve the biodiversity of the Salina and the sustainable development of the coastline and national parks; is concerned about significant delays in establishing protection over protected areas which are identified as potential Natura 2000 network areas; calls on Montenegro to introduce legislation implementing the Third Energy Package;
Amendment 175 #
2016/2309(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recognises concerns expressed in the framework of the Ramsar and Bern conventions regarding the development process of the Special Purpose Spatial Plan for Skadar Lake National Park and the infinite opportunities it leaves for the creation of large scale tourist infrastructure development; is deeply concerned about threats to the ecological integrity and eco-touristic value of the potential Natura 2000 site Skadar Lake National Park due to the construction project Porto Skadar Lake; recalls the need for sound and strategic environmental impact assessments in line with the EU acquis and international standards;
Amendment 177 #
2016/2309(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Continues to be deeply concerned about unsustainable hydropower development, especially including hydropower plants development on Morača river and their significant impacts on Skadar lake which is internationally recognized as Ramsar, Emerald site, Important Bird Area (IBA) and Important Plant Area (IPA);
Amendment 178 #
2016/2309(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Notes the intention of the Montenegrin Government to build around 80 hydropower plants; is concerned about the fact that many of these plants are being planned without sound environmental impact assessment, in particular with regard to the protection of biodiversity and their impact on protected areas as required by EU legislation; calls for strategic planning approach in accordance with the guiding principles for sustainable hydropower development of the International Commission for the Protection of the Danube River set under the Danube River Protection Convention to which Montenegro is a signatory state; stresses the need to abandon large scale hydropower projects on the river Morača as these have significant adverse effects on lake Skadar and river Tara, which are protected under international and national legislation; recalls that the Skadar Lake is internationally recognized as Ramsar and Emerald site, as important bird and plant area;
Amendment 179 #
2016/2309(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17 d. Stresses the need to implement international commitments in the field of climate change mitigation; is deeply concerned about the Government's plan to develop the Pljevlja II coal-fired power plant which is incompatible with the commitments made under the Paris Agreement;
Amendment 197 #
2016/2309(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomNotes the fact that Montenegro’'s NATO Accession Protocol was signed in May 2016 and is currently being ratified by NATO members; encourages NATO members within the EU to prioritise the ratification process and to recognise that NATO membership for Montenegro is an important symbolic and strategic part of the country’s Euro- Atlantic integration process;
Amendment 19 #
2016/2273(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is of the opinion that public administrations should be open, efficient and inclusive, providing borderless, personalised, user-friendly and end-to-end digital public services to citizens and businesses by 2022, thereby reducing costs, barriers and administrative burdens for citizens and businesses and thus reaping all the benefits of the digital revolution; considers however that this should not lead to excessive redundancies of the employees in the public administration;
Amendment 33 #
2016/2273(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the importance of inclusiveness and an accessibility of-for-all approach of the eGovernment services, and therefore calls on the Member States to fully implement and apply the new directive on the accessibility of websites and mobile applications of public sector bodies for disabled and elderly persons;
Amendment 44 #
2016/2273(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the use of mobile devices has increased significantly over the past five years while only one third of public websites are mobile-friendly; calls, therefore, on the Member States to assess the possibilities of developing mobile solutions for eGovernment services, and to ensure their user-friendliness and accessibility for all;
Amendment 56 #
2016/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the need to improve the digital skills of administrative staff as well as of citizens and businesses, by developing and supporting training activities at national, regional and local level in order to minimise the risk of digital exclusion; underlines that education to digital skills is of particular importance in the case of elderly persons, who often lack skills or confidence when using e- services;
Amendment 75 #
2016/2273(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that for the full functioning of cross-border eGovernment services, language barriers need to be addressed, and suggests that public administrations, especially in border regions, should make their information and services available in the language of their Member States but also in other most widely used European languages;
Amendment 83 #
2016/2273(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that interoperability and open data are not only fundamental in a cross-border context but are also needed at the national, regional and local administrative levels in each Member State, while taking also into account the need for data protection in information transfers;
Amendment 89 #
2016/2273(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Emphasises that an e-Health plan should also be considered in the context of eGovernment action plan, as this is an important part of it ; considers that gathering and transferring of data should be improved and that cross border data transfer should be possible if needed in certain cases, as this will facilitate health services for all EU citizens;
Amendment 11 #
2016/2244(INI)
Motion for a resolution
Recital C
Recital C
C. whereas franchising has the potential of being a business model that can help in completing the single market in the retail sector, but is currently under- performing in the EU, representing only 1.89 % of GDP, as opposed to 5.95 % in the USA and 10.83 % in Australia, 83.5 % of franchising’s turnover being concentrated in only seven Member States, which is why it is important to encourage a wider spreading of this business model throughout the EU;
Amendment 16 #
2016/2244(INI)
Motion for a resolution
Recital D
Recital D
D. whereas existing legislation covering franchising as a business model varies widely between Member States, and franchisees may refrain from entering into cross-border franchise networks, because they are not familiar with other legal systems and may not be protected against unfair trading practices, which is why a reflection on a possible EU regulatory framework should take place;
Amendment 23 #
2016/2244(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is a lack of information on the functioning of franchising in the retail sector, since relevant information is not written down or can often only be found in the side letters accompanying a franchise agreement, which are confidential, therefore not public, and at EU-level there is no mechanism for collecting information on potentially unfair contract terms or unfair implementation of contracts, which is why a platform containing this important information is needed in order to provide franchisors and franchisees with better awareness of their duties and their rights;
Amendment 25 #
2016/2244(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, in the context of the realisation of the digital single market specific attention should be paid to the tensions which have arisen between franchisors and franchisees with respect to e-commerce and the sharing of consumer data, since currently franchise agreements do not contain provisions on these subjects and thus lead to unnecessary uncertainty and conflicts; whereas e-commerce is expanding and is being used more and more by consumers and should therefore be better included into franchise agreements;
Amendment 46 #
2016/2244(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that franchisees are often the weaker contracting party, as the franchise formula has normally been developed by the franchisor and franchisees tend to be financially weaker and consequently less well-informed than the franchisor and therefore heavily dependent on the expertise of the franchisor;
Amendment 51 #
2016/2244(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. States that franchisors 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 representative organisations and are under- represented as well as under-protected at national and European levels;
Amendment 62 #
2016/2244(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that there is a persistent lack of information on the functioning of franchising in the retail sector and calls on the Commission to open a contact point for information on problems encountered by franchisees, whilst guaranteeing the confidentiality of the information thus acquired and offering franchisees the option of legal aid in case of serious conflict arising between the parties;
Amendment 79 #
2016/2244(INI)
Motion for a resolution
Paragraph 7
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 the franchisor, which is why a revision of the Code is needed in order to provide a balanced and fair representation of both sides;
Amendment 94 #
2016/2244(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to examine complaints it receives through a contact point or otherwise and to draw up a non-exhaustive list of unfair trading practices based on this information which should be published and made accessible to franchisors and franchisees;
Amendment 130 #
2016/2244(INI)
Motion for a resolution
Paragraph 17
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 and for further legislative measures, if appropriate;
Amendment 4 #
2016/2240(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to the Preparatory Action for Culture in External Relations1 and its recommendations1, __________________ 1 http://ec.europa.eu/culture/library/publicati ons/global-cultural-citizenship_en.pdf
Amendment 19 #
2016/2240(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is abecoming a more prominent actor in international politics playing an ever-increasing role in world affairs, including through an enhanced capacity of promoting culture in international relationsrelations and should put additional resources and energy into the promotion of its common culture, cultural heritage, artistic creation and innovation within regional diversity, based on Art. 167 of the TFEU;
Amendment 27 #
2016/2240(INI)
Motion for a resolution
Recital B
Recital B
B. whereas culture has an intrinsic value,the EU experience has shown that cultural exchanges can serves as a powerful bridge between people of different ethnic, religious and social backgrounds, reinforces intercultural and interreligious dialogue and mutual understanding, and should therefore be part of EU foreign policy;
Amendment 32 #
2016/2240(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas in order for the EU to foster intercultural understanding, it will have to expand on common communication tools in form of genuinely European media such as for example Arte, Euronews or Euranet;
Amendment 35 #
2016/2240(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU and its Member States have common cultural roots and heritage and are united therefore in their diversity; whereas European cultures and cultural heritage represents the diversity of European societies and regions, their majority societies as much as minority and migrant cultures;
Amendment 47 #
2016/2240(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in EU history, cultural relations arehave been fundamental drivers of social cohesion and sustainable economic and human development, while playing a crucial role in strengthening civil society capacities, reinforcing democratisation processes and in conflict prevention and resilience;
Amendment 57 #
2016/2240(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the joint communication on ‘'Towards an EU strategy for international cultural relations’' provides a framework for the EU’'s international cultural relations; whereas, however, it falls short of it renounces to identifying thematic and geographical priorities, concrete objectives and outcomes, target groups, common, target groups, it clarifies financial opportunities of the EU programs, and intserests and initiatives, financing provisions and implementation modalities common goal as to education and the relevance of inter- cultural exchanges of young people, students, researchers, and of European Voluntary Service;
Amendment 59 #
2016/2240(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas people to people contacts such as youth exchanges, city twinning, and partnerships in the professional field, have been important vehicles to foster intercultural understanding and should be promoted by the EU in its foreign policy relations;
Amendment 61 #
2016/2240(INI)
Motion for a resolution
Recital G
Recital G
G. whereas establishing a visa policy going along with the mobility of researchers, students and staff to and from third countries and alumni networks of former participants in EU programmes17 are a key part ofis essential to the EU’'s international cultural relations; __________________ 17 For instance, Erasmus and Horizon 2020.
Amendment 69 #
2016/2240(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas a visa policy for artists and cultural professionals is key to a successful cooperation and a free circulation of works, through European and international networks, as well as ensuring vivid artists' residencies programmes involving civil society in the different countries and regions of the world;
Amendment 95 #
2016/2240(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for artistic freedom of expression to be promoted as a value and an endeavour of the European Union, fostering free dialogue and exchange of good practices at international level;
Amendment 99 #
2016/2240(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that while the principles of subsidiarity and proportionality shouldhave to be respected in the field of culture, the benefit of exchanges and creating the habit to work and create together has built up respect and understanding of other cultures;
Amendment 108 #
2016/2240(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the mutual advantages of working together: the EU is an arena in which all Member States join forces to play a stronger role in the field of international cultural relations; suggests that each Member State’s rotating presidency could launch joint actions together with the EU, such as exhibitions, particularly for smaller states osimilar to the Europalia, the EU delegations and the Member States embassies could highlight every 2nd year a different EU country and launch joint actions around its particular culture all over those with no cultural representations abroaorld;
Amendment 122 #
2016/2240(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. ReWelcommends that international cultural relations be embedded in the cultural and creative sectors (CCS), thus reinforcing and promoting the role of professionals, including through regional creative hubs and clusterthe Joint Communication introduces cultural and creative industries as an important element of the EU's strategy for international cultural relations, especially with regards to regional creative hubs and clusters, as well as skills development for young creative professionals;
Amendment 137 #
2016/2240(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission, in the next multiannual financial framework, to provide for a budget line dedicated to supportingppropriate and decent funding for international cultural relations in existing programmes and future calls, especially in the next generation of programmes on culture and education, so that these can develop their international action in a proper way;
Amendment 142 #
2016/2240(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Proposes that a dedicatedstronger line in the next generation of EU programme for culture be designed and resources focusdeveloped on international mobility and exchanges such as, based on the present experience with residency programmes especially for young cultural and creative professionals and artists;
Amendment 155 #
2016/2240(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that for reasons of sustainability the EU's external cultural funding activities must result from a strong involvement of local partners, adaptation of programmes to local realities and a due consideration of the post-funding period for projects including transition to national financing or other revenue-models;
Amendment 161 #
2016/2240(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to include culture in all existing and future bilateral and multilateral cooperation; and trade agreements with adequate budgets and with due respect to the commitments made under the UNESCO Convention on Cultural Diversity, taking into account the economic potential of cultural heritage and CCS for a sustainable growth and jobsdevelopment; calls for EU indicators to be developed in that field;
Amendment 179 #
2016/2240(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the EEAS to appoint a ‘focal point’ in each EU delegation to liaise with Member States’ national cultural institutes, representatives and local civil society, actors and authorities in a collaborative approach aimed at identifying priority areas, needs and methods of cooperation, and to provide an adequate budget; asks the Commission and the EEAS to report annually to the European Parliament on state of implementation and achieved results;
Amendment 182 #
2016/2240(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the EEAS to appoint a ‘'focal point’' in each EU delegation to liaise with Member States’' national cultural institutes, representatives and local civil society, actors and authorities in a collaborative approachstructured dialogue process aimed at jointly identifying common priority areas, needs and methods of cooperation, and to provide an adequate budget;
Amendment 204 #
2016/2240(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the establishment of the Cultural Diplomacy Platform, and calls for it to be made sustainable; and asks for its further expansion to include a one-stop- shop for potential beneficiaries of EU funding programmes in this area, a platform for exchange of best practices and networking amongst practitioners and an expansion of current training offers to a wider audience; and recogniszes that many different institutional and non- institutional stakeholders19 are active in the area of international cultural relations, and asks the Commission to promote a structured dialogue among all stakeholders, including through the open method of coordination; __________________ 19 Commission Directorates-General (notably for Education and Culture (EAC), International Cooperation and Development (DEVCO), Neighbourhood and Enlargement Negotiations (NEAR), Research and Innovation (RTD) and Communications Networks, Content and Technology (CONNECT), the EEAS, the Service for Foreign Policy Instruments (FPI), EU delegations, Member State delegations, Member States’ cultural institutes abroad, the Council of Europe, the European Economic and Social Committee and Committee of the Regions, EUNIC, the International Council of Museums (ICOM), the International Centre for the Study of the Preservation and Restoration of Cultural Property (ICCROM), UNESCO, international organisations, civil society organisations, non-governmental organisations, local cultural actors, street artists and other platforms and networks.
Amendment 228 #
2016/2240(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recognises young people, as future decision-makers, tothat the exposure to other cultures and languages fall on particularly fruitful ground at a young age, while offering experiences which often create a livelong affinity and underlines that the youth should be one of the main target groups in the EU and partner countries, and acknowledges that music, film, li in the context of EU internature, social media and digital trends in geneional cultural are the best channels to reach themlations;
Amendment 233 #
2016/2240(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines the great value of the Erasmus+ program; believes that it would be the single most efficient instrument of EU international cultural relations if it could be enhanced through much increased funding and staff, notably for the youth exchange program with third countries;
Amendment 238 #
2016/2240(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Notes in this context the proposal for a European Solidarity Corps, which could be a very welcome enlargement of existing programs like the European Voluntary Service, if it is designed as not to divert funding and personnel from those successful activities; believes that the inclusion of at least the neighbourhood countries in this future program could create intercultural synergies comparable to Erasmus inside the EU in the past;
Amendment 239 #
2016/2240(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Welcomes initiatives by the Commission to promote peer-to-peer learning for young cultural entrepreneurs like the Medculture programme or to support initiatives like training to intercultural relations like More Europe;
Amendment 241 #
2016/2240(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Advocates allowing third countries to participate as easily as possible in cross- border and joint projects20 such as the European Capital of Culture, Lux Prize or the Cultural Routes of the Council of Europe, as well as including them as players in the future strategy; suggests for the EU delegations in third countries to take full advantage of EU cultural activities such as the Lux Price for their work in third countries; recalls that digital tools, technological platforms such as Europeana and cultural networks21 can play a crucial role in reaching larger audiences and disseminating best practices; __________________ 20 The EU delegations should play a greater role by working with local artists and civil society actors, focus their efforts, involve more local artists and serve as key contact points in order to create synergies with EU projects. 21 For example, the Cultural Innovators Network and the Cultural Leaders Network.
Amendment 243 #
2016/2240(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Advocates allowing third countries to participate as easily as possible in cross- border and joint projects20 such as the European Capital of Culture, Lux Prize or the Cultural Routes of the Council of Europe, as well as including them as players in the future strategy; recalls that digital tools, technological platforms such as Europeana and cultural networks21 can play a crucial role in reaching larger audiences and disseminating best practices; __________________ 20 The EU delegations should play a greater role by working with local artists and civil society actors, focus their efforts, involve more local artists and serve as key contact points in order to create synergies with EU projects. 21 For example, the Cultural Innovators Network and the Cultural Leaders Network.
Amendment 244 #
2016/2240(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for the creation of a Cultural Visa Programme, along the lines of the existing Scientific Visa Programme, for third-country nationals, artists and other professionals in the cultural field with the aim of fostering cultural relations and eliminating obstacles to mobility in the cultural sector;
Amendment 263 #
2016/2240(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for a paradigm shift in media coverage with the launch of an EU cultural portal, the European Houses of Culture and festivals, including through engagement with local media and through structured engagement with local media and social media platforms24 ; __________________ 24 In cooperation with EURONEWS and EURANET, among others.
Amendment 264 #
2016/2240(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Stresses the need to further clarify the concept of European Culture Houses and their potential role in the EU's international cultural relations and expresses its willingness to further specify such a concept in the context of an EU pilot project;
Amendment 273 #
2016/2240(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
Amendment 4 #
2016/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that a well-functioning internal market can would strongly and positively contribute to the objectives of the Common Security and Defence Policy (CSDP) and regrets that few progress has been made so far in this direction despite the adoption in 2009 of the defence package directives;
Amendment 23 #
2016/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the internal market instruments offer solutions for effective cooperation among Member States and for building on economies of scale, in order to avoid duplications and make expenditure more efficient in times of budget constraints and in view of the imminent risks of the EU defence sector losing critical expertise and innovation, autonomy and competitiveness advantages; strongly regrets the lack of transparency, or even sometimes the corruption, regarding the relations between national defence administrations and the defence industry, thereby involving inefficiency in spending public money and higher costs for tax payers;
Amendment 36 #
2016/2052(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Member States to fully enforce Directive 2009/81/EC, concerning procurement in the fields of defence and sensitive security, and Directive 2009/43/EC, concerning the transfer of defence-related products, while noting that Member States have made little use of the available tools, for example joint purchases through central purchasing bodies such as the European Defence Agency; urges to fight protectionist practices by Member States in the defence procurement and to limit the use of justified exclusions strictly to the purpose of protecting essential security interests rather than Member States' domestic industrial interests; stresses that the full phase-out of offsets is indispensable for fighting corruption, avoiding distortions of competition and ensuring the smooth and transparent functioning of the internal market in the European defence sector;
Amendment 47 #
2016/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 76 #
2016/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of intensifying the synergies between security and defence and the synergies with other Union policies, and of building on integrated capabilities in order to develop common approaches in the areas of, for example, hybrid threats, terrorism, external border security, illegal immigration, common intelligence, cybersecurity and customs controls;
Amendment 86 #
2016/2019(BUD)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that the structural and organisational reforms aimed at achieving greater efficiency, environmental sustainability, and effectiveness should continue through the thorough examination of possible synergies and savings; recalls the substantial savings that could be made by having only one place of work instead of three (Brussels, Strasbourg, Luxembourg); underlines that this process should be lead without endangering Parliament's legislative excellence, its budgetary powers and powers of scrutiny, or the quality of working conditions for Members, assistants, and staff;
Amendment 29 #
2016/0398(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Commission has received an increasing number of notifications from Member States regarding newly introduced requirements under Directive 2006/123/EC. However, not all of those national requirements are non- discriminatory with regard to nationality or residence, justified and proportionate, thus resulting in a significant number of structural dialogues launched by the Commission vis-à-vis Member States. This shows that the existing notification procedure is not sufficient to avoid discrimination on the grounds of nationality or residence, unjustified or disproportionate requirements. This is to the detriment of citizens and businesses in the internal market for services. Moreover, it appears that some new or modified requirements related to services falling within the scope of Directive 2006/123/EC have not been notified at all.
Amendment 34 #
2016/0398(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention of the adoption ofocedure allowing Member States and the Commission to work in partnership to eliminate national provisions establishing requirements and authorisation schemes that would be contrary to Directive 2006/123/EC should be facilitatimproved. This Directive is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions of Union law.
Amendment 59 #
2016/0398(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 69 #
2016/0398(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measure.
Amendment 78 #
2016/0398(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The notification obligation set out in Directive 2006/123/EC requires Member States to inform the Commission and other Member States of requirements covered by Article 15(2), the third subparagraph of Article 16(1) and the first sentence of Article 16(3) of Directive 2006/123/EC. The application of that Directive has shown that authorisation schemes or requirements related to authorisation schemes, professional liability insurance, guarantees or similar arrangements, and multi-disciplinary restrictions are common and can constitute important barriers in the single market for services. They should hence also be covered by a notification obligation to facilitate the compliance of relevant Member States' draft laws, regulations and administrative provisions with Directive 2006/123/EC. The requirements mentioned in Article 16(2) of Directive 2006/123/EC are covered by the notification obligation to the extent that they fall under Article 16(3).
Amendment 81 #
2016/0398(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The present Directive establishes a consultation of three months to allow an assessment of notified draft measures as well as an effective dialogue with the notifying Member State. In order to make the consultation work in practice and to allow Member States, and the Commission and stakeholders to effectively provide their comments, Member States should notify draft measures at least three months prior to their adoption. Notifying Member States should take into account the comments made on the notified draft measure, in compliance with Union law.
Amendment 86 #
2016/0398(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 95 #
2016/0398(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 107 #
2016/0398(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decisions requiringmay recommend the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Commission has serious concerns about the compatibility of the notified measures with Directive 2006/123/EC.
Amendment 117 #
2016/0398(COD)
Proposal for a directive
Recital 17
Recital 17
(17) IWith the purpose of improving transparency, interested third parties should be given access to notifications sent by Member States in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon.
Amendment 122 #
2016/0398(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 139 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 149 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2) shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 157 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Member States shall, as part of any notification, provide information demonstrating the compliance of the notified authorisation scheme or requirement with Directive 2006/123/ECidentify the overriding reason relating to the public interest pursued.
Amendment 158 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
Amendment 166 #
2016/0398(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 3
Article 3 – paragraph 5 – subparagraph 3
Amendment 178 #
2016/0398(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 189 #
2016/0398(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The notifying Member State shall respond to comments submitted by the Commission or other Member States within one month after their reception and prior to the adoption of the notified measure, either explaining how those comments will be taken into account in the notified measure or indicating the reasons why those comments cannot be taken into account.
Amendment 199 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a Decision referred to in Article 7.
Amendment 209 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Upon receipt of such an alert, the notifying Member State shall not adopt the draft measure for a period of three months after the closure of the consultation period, within a period of three months, react by providing explanations and, where necessary, take appropriate action.
Amendment 215 #
Amendment 221 #
2016/0398(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Drecision finding the draft measure to be incompatible with Directive 2006/123/EC andommendation requiresting the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itnotified measure.
Amendment 239 #
2016/0398(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where a Member State is required to notify a measure under Article 3 of this Directive and under Article 5(1) of Directive (EU) 2015/1535, a notification carried out under that Directive and which complies with the obligations laid down in paragraphs 3, 5, 6 and 7 of Article 3 of this Directive shall be deemed to have satisfied also the notification obligation established under Article 3(1) and (2) of this Directive.
Amendment 243 #
2016/0398(COD)
Proposal for a directive
Article 12
Article 12
Amendments to Directive 2006/123/EC Directive 2006/123/EC is amended as follows: 1. Article 15(7) is deleted with effect from [one day after the deadline for the transposition]. 2. In Article 39(5), the second and third subparagraphs are deleted with effect from [one day after the deadline for the transposition].rticle 12 deleted
Amendment 246 #
2016/0379(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 1
Article 17 – paragraph 4 – subparagraph 1
The seat of the Agency shall beis in Ljubljana, Slovenia.
Amendment 367 #
2016/0379(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point k
Article 25 – paragraph 1 – point k
(k) be responsible for deciding whether it is exceptionally necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to locate one or more staff in one or more Member States for the purpose of carrying out the Agency's tasks in an efficient and effective manner. The decision to establish a local office requires the prior consent of the Commission, the Administrative Board, the Member State of the Seat and the Member State or Member States concerned. The decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency and that fully respects Decision 2009/913/EU.
Amendment 82 #
2016/0378(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Decision 2009/913/EU taken by common agreement between the representatives of the governments of Member States of 7 December 2009 on the location of the seat of the Agency for the Cooperation of Energy Regulators provides that the European Agency for the Cooperation of Energy Regulators shall have its seat in Ljubljana, Slovenia. The seat of the Agency is the centre of its activities and the statutory functions of the Agency. Thus, the meetings of the statutory organs should take place at the seat.
Amendment 84 #
2016/0378(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The Agency’s host Member State should provide the best possible conditions to ensure the smooth and efficient functioning of the Agency, including multilingual, European- oriented schooling and appropriate transport connectionsSeat Agreement between the Government of the Republic of Slovenia and the Agency for the Cooperation of Energy Regulators was concluded on 26 November 2010 and entered into force on 10 January 2011. It is considered that the Seat Agreement and other specific arrangements fulfil the requirements of Regulations (EU) No 713/2009 and 863/2016.
Amendment 83 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 312 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 519 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 731 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 995 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 28 #
2016/0182(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Both organisations provided added value both to the sum of activities of their national members and to Union consumers in a way that national consumer advocacy groups were unable to deliver. National organisations dealing with all kinds of consumers' issues lack technical expertise in policy areas related to financial services. In addition, no other similar organisations have been identified at Union level so far. The evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012, which tends to show that no other organisation is currently able to carry out similar Union- wide activities. Hence the need to support both organisations on a more sustainable mid-term basis.
Amendment 39 #
2016/0182(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) awareness and dissemination activities, including to a wide audience of financial services end-users and non- experts;
Amendment 42 #
2016/0182(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) activities reinforcing the interactions between the members of the organisations referred to in Article 3 and advocacys well as advocacy and policy advice activities fostering the positions of those members at Union level and promoting the public interest in financial regulation.
Amendment 44 #
2016/0182(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to further enhance the participation of consumers and other financial services end-users, as well as stakeholders representing their interests, in Union and multilateral policy-making in the area of financial services;
Amendment 47 #
2016/0182(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Finance Watch and Better Finance shall be the sole beneficiaries of the Programme (‘beneficiaries’).
Amendment 50 #
2016/0182(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In order to benefit from the Programme, these beneficiaries shall remain non-governmental, non-profit- making legal entities, independent of industry, commerce or business. They shall have no other conflicting interests and. They shall represent through their members the interests of Union consumers and other end-users in the field of financial services and seek to expand their network of active members within the Member States. The Commission shall ensure continued compliance with these criteria for the duration of the Programme by including them in the annual work programmes referred to in Article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in Article 4.
Amendment 52 #
2016/0182(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Financing under the Programme shall be provided in the form of actionoperating grants awarded on an annual basis and shall be based on the proposals submitted by the beneficiaries in accordance with Article 7.
Amendment 56 #
2016/0182(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In order to implement the Programme, the Commission shall adoptconfirm the beneficiaries' annual work programmes. Those annual work programmes shall set out the objectives to be pursued, the expected results of the actions performed by the beneficiaries, the method of implementation of those actions and the total amount required to perform those actions. They shall also contain a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. For the actionoperating grants, the annual work programmes shall set out priorities and essential award criteria. The maximum rate of co-financing shall be 60% of eligible costs.
Amendment 58 #
2016/0182(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission shall adopt theconfirm the beneficiaries' annual work programmes by means of implementing acts.
Amendment 148 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point e a (new)
Article 1 – paragraph 1 – point 1 – point e a (new)
Directive 2010/13/EU
Article 1 – paragraph 1 – point d b (new)
Article 1 – paragraph 1 – point d b (new)
(ea) The following point is inserted '(db) 'access service': an add-on feature of the audiovisual media service that improves the accessibility of the programmes for people with functional limitations, including persons with disabilities. The access services include inter alia, subtitles, audio description, spoken or audio subtitles and sign language interpretation
Amendment 152 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) manifestly, seriously and gravely infringes Articles 6, 7 or 12, or both;
Amendment 162 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2010/13/EU
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules with regard to Articles 5, 6, 6a, 7, 9, 10, 11, 12, 13, 16, 17, 19 to 26, 30 and 30a, provided that such rules are in compliance with Union law.;
Amendment 184 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; replaced by the following: 'Article 7 1. The audiovisual media service providers shall ensure that their services are gradually made accessible to persons with disabilities. Five years after the entry into force of this Directive, audiovisual media service providers shall provide as a first step: (i) At least 75 % of the overall programming with subtitles for the deaf and hard of hearing (SDH) (ii) At least 75 % of the overall programming subtitled into the national language shall include spoken subtitles (iii) At least 15 % of the overall programming with audio description and spoken subtitles (iv) At least 5 % of the overall programming with sign language interpretation 2. Every following year the audiovisual media service providers shall increase the provision of access services as follows: (i) 5 % more of the overall programming with SDH (ii) 5 % more of the overall programming subtitled into the national language with spoken subtitles (iii) 2 % more of the overall programming with audio description (iv) 2 % more of the overall programming with sign language interpretation. 3. The audiovisual media service providers achieving an average audience share of all households over a 12 month period of less than 1% can be exempted from paragraphs 1 and 2. 4. The access services shall be provided for different types of programmes, including those for children, and at different times during the day, without concentrating the accessible content in the least common time slots for the general audience. Audiovisual media service providers should consult users organisations, including organisations representing of persons with disabilities, to prioritise the programmes to be made accessible. 5. The audiovisual media service providers should promote, through their content acquisition, programming and editorial policies, the delivery of access services as part of content producers' packages. 6. The audiovisual media service providers shall make their websites, online applications and mobile-based services, including mobile apps, used for the provision of the service accessible in a consistent and adequate way for users' perception, operation and understanding, and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level. The programmes provided through these means shall only comply with paragraph 1 and 2. 7. Where a programme includes access services, these shall be clearly indicated in the programme information, as well as in the Electronic Programming Guide. 8. The audiovisual media service providers shall ensure that the Electronic Programming Guides are accessible for persons with disabilities. 9. The audiovisual media service providers shall provide accessible information about their services and, in particular, shall list and explain how to use the accessibility features of the services, including the complementarities with assistive technologies and other access services provided by a third party. 10. In consultation with users' organisations, including organisations representing persons with disabilities, the audiovisual media service providers shall ensure the quality of the access services by adopting self- and co-regulation measures resulting in codes of conduct or quality standards. These should tackle quality requirements for: (i) Subtitles for the deaf and hard of hearing that are well synchronised with the video, readable, accurate and comprehensible in order to effectively reflect the audio information. This includes setting up quality specifications covering at least the font type, font size, contrast and use of colours as well as, where possible, the necessary requirements to ensure users' control over the SDH; (ii) audio description and spoken subtitles that are well synchronized with the video. This includes setting up quality specifications related to audio placement and clarity of the audio description and spoken subtitles, as well as the necessary requirements to ensure users' control over them; (iii) sign language interpretation that is accurate and comprehensible in order to effectively reflect the audio information. This includes setting up professional requirements for the interpreters and quality specifications for the way the signing is provided. Where possible, requirements to ensure users' control over the signing provision shall be adopted. 12. The audiovisual service providers should facilitate and encourage the provision of access services in commercial communications, but these must not deemed accountable for the purpose of paragraphs 1 and 2. 13. Emergency information, including public communications and announcements in natural disaster situations, made available to the public through audiovisual media services shall be provided in an accessible manner for persons with disabilities, including with SDH, sign language interpretation and audio message and audio description for any visual information.'
Amendment 296 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point c a (new)
Article 28a – paragraph 2 – point c a (new)
Amendment 330 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall ensure that national regulatory authorities have adequate enforcement powers and resources to carry out their functions effectively.
Amendment 331 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/13/EU
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. Member States shall ensure that national regulatory bodies and authorities designate a single and publicly available point-of-contact for information and complaints about the accessibility issues referred to in article 7
Amendment 333 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30a – paragraph 3 – point d
Article 30a – paragraph 3 – point d
(d) to cooperate and provide its members with the information necessary for the application of this Directive, in particular as regards Articles 3, 4 and 47 thereof;
Amendment 10 #
2016/0070(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46, 53(1), 62 and 62153(1)(a) and (b) thereof,
Amendment 22 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU) and should therefore provide the combined legal basis for this Directive. The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerfighting unfair competition as well as ensuring respect for the rights of workers and the improvement of the working environment and working conditions.
Amendment 24 #
2016/0070(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The free movement of workers is to be secured within the Union and is to entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
Amendment 37 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the nfreedom to promote the freedom to provide servicevide services, the free movement of workers and the need to protect the rights of posted workers so as to ensure a level playing field for workers and undertakings operating in the internal market.
Amendment 49 #
2016/0070(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Rome I Regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country. The Rome I Regulation does not specify or define the term "temporarily employed". It is therefore essential that for posted workers, who are, by definition, carrying out work in another Member State for a limited period of time, a specific provision is introduced in this Directive in order to provide for a period after which the country of service provision is deemed to become the habitual place of employment.
Amendment 64 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 124 months, the host Member State is deemed to be the country in which the work is carried outof habitual employment, without prejudice to any terms and conditions of employment which are more favourable to the worker. In accordance with the principle of Rome I Regulation, the law of the host Member Sates therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regulation in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulation.
Amendment 68 #
2016/0070(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) In the event that the posting is found not to be genuine, the applicable terms and conditions of employment should, in order to protect the worker, be those established by the Member State to whose territory the worker is posted, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 77 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) To improve compliance with this Directive and stop circumvention it is of utmost importance that Member States make better use of Article 5 so as to ensure that this Directive is fully complied with. In the case of non-compliance effective, dissuasive and proportionate sanctions must be put into place immediately.
Amendment 80 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 87 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitivetruly integrated internal market, service providers compete not only on the basis of a labour costs but also onideally a level-playing field, service providers should be able to compete with regard to factors such as productivity and, efficiency, or as well as the quality and innovation of their goods and services.
Amendment 97 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of servnational law and practices.
Amendment 115 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive, because transparency and access to information are essential for legal certainty and for the proper functioning and enforcement of law.
Amendment 126 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States mayshould 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 mayshould 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.
Amendment 131 #
2016/0070(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job. This principle should also apply to temporary agency workers posted to another Member State. Member States should ensure at least equal treatment between posted temporary agency workers and domestically employed temporary agency workers.
Amendment 151 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – title
Article 2a – title
Posting exceeding twenty-fourlve months
Amendment 157 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 1
Article 2a – paragraph 1
1. When the anticipated or the effective duration of posting exceeds twenty-fourlve months, the Member State to whose territory a worker is posted or where the service is provided shall be deemed to be the country in which his or her work is habitually carried out, without prejudice to any terms and conditions of employment that are more favourable to the worker.
Amendment 162 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a – paragraph 2
Article 2a – paragraph 2
Amendment 171 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 96/71/EC
Article 2 b (new)
Article 2 b (new)
1a. The following article is inserted: "Article 2b Law applicable where a posting is found not to be genuine 1. Where it is established that a posted worker is not only temporarily carrying out work in the host Member State, in accordance with Article 3(2), the law of the host Member State is presumed to apply in full. The employer and the employee may, however, provide evidence that the law of another Member State applies to the contract by virtue of Article 8 of the Rome I Regulation. If so, the host Member State shall nevertheless ensure that the worker is guaranteed the minimum protection offered by this Directive and may, in accordance with Union law, extend that protection to other overriding mandatory provisions within the meaning of Article 9 of the Rome I Regulation. 2. Where the law of the host Member State applies pursuant to Article 8 of the Rome I Regulation, whether or not as a result of the choice of the employer and the employee, nothing in this Directive shall prevent the full application of that Member State's law. 3. Paragraphs 1 and 2 shall be without prejudice to any terms and conditions of employment of the sending Member State that are more favourable to the worker."
Amendment 172 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive 96/71/EC
Article 2 c (new)
Article 2 c (new)
1b. The following Article is inserted: "Article 2c Rule against derogation The application of this Directive shall not result in depriving workers the terms and conditions of employment under provisions that cannot be derogated from by agreement under the law that applies in the country of service provision."
Amendment 175 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- by all types of collective agreements or arbitration awards which have been declared universally applicable within the meaning of paragraphs 8 and 8a:
Amendment 183 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point g a (new)
Article 3 – paragraph 1 – indent 2 – point g a (new)
(ga) reimbursement of expenditure incurred as a result of the posting, such as expenditure with regard to travel, board and lodging.
Amendment 191 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purposes of this Directive, remuneration means all the elements of remuneration rendered mandatory 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 arbitthe concept of remuneration is defined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 203 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website and by other suitable means referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c).
Amendment 212 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
1a. If undertakings established in the territory of a Member State are obliged by law, regulation, administrative provision, contract or collective agreement, to sub- contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration,, the Member State may, on a non–discriminatory and proportionate basis,shall provide that such undertakings shall be under the same non- discriminatory obligation regarding subcontracts with undertakings referred to in Article 1 (1) posting workers to its territory.
Amendment 215 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1a a (new)
Article 3 – paragraph 1a a (new)
(ba) The following paragraph is inserted: “1aa. Member States shall take the necessary measures to ensure that an undertaking, which appoints a subcontractor to provide services, is liable, in addition to or in place of the employer, for the obligations of that subcontractor and any other intermediary. This paragraph shall not preclude the application or introduction of more stringent rules at national level.”
Amendment 226 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
(ca) The following paragraph is inserted: "7a. Expenses incurred on the account of the posting, including with regard to travel, board and lodging, shall be provided for by the employer and shall not be deducted from the remuneration referred to in Article 3(1)(c)."
Amendment 227 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c b (new)
Article 1 – paragraph 1 – point 2 – point c b (new)
Directive 96/71/EC
Article 3 – paragraph 8
Article 3 – paragraph 8
Amendment 229 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Amendment 230 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d a (new)
Article 1 – paragraph 1 – point 2 – point d a (new)
Directive 96/71/EC
Article 3 – paragraph 9
Article 3 – paragraph 9
(da) Paragraph 9 is amended as follows: "Member States mayshall provide that the undertakings referred to in Article 1 (1) must guarantee workers referred to in Article 1 (3) (c) the terms and conditions which apply to temporary workers in the Member State where the work is carried out." (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML)Or. en
Amendment 239 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 96/71/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 20 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point ii
Paragraph 2 - point a - point ii
ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector, and has as its main objective to highlight and maintain the existing and future high level of protection of consumers, workers and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU);
Amendment 27 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii
Paragraph 2 - point a - point iii
iii. to ensure that the TiSA provides reciprocal access, notwithstanding the right of countries to adopt regulations which are duly justified on public policy grounds; to ensure that the combination of domestic regulation and transparency annexes will not lead to a regulatory chill effect; to oppose any proposals calling for the mandatory submission of legislative proposals to third parties prior to their publication;
Amendment 39 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii a (new)
Paragraph 2 - point a - point iii a (new)
iiia. as regards consumer protection to ensure that the TiSA agreement follows the principle that no consumer has less protection nor less information online than offline
Amendment 43 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point i
Paragraph 2 - point b - point i
i. to ensure that the negotiations maintain and strengthen the fundamental role played by public services andEU withdraws from the TISA negotiations if there is no clear and explicit undertaking by the parties to exclude all current and future services of general interest as well as services of general economic interest, in the European Union, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment; cluding but not limited to water production, distribution and treatment, health services, social services, social security systems, educational, cultural and audio- visual services;
Amendment 51 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point ii
Paragraph 2 - point b - point ii
ii. to maintain the Member States’ freedom to regulate those services at all levels and to provide, commission and fund public services in compliance with the Treatiesensure that European, national, regional and local authorities retain the full right to regulate those services and to introduce, adopt, maintain or repeal any measures with regard to the commissioning, organisation, funding and provision of public services; to apply this exclusion irrespective of how the public services are provided and funded;
Amendment 64 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point i
Paragraph 2 - point c - point i
i. to ensure that a positive list of services ready to be placed on the market is presented by the Union for both market access and national treatment, in order to protect those services not explicitly referred to from being opened up to competition;
Amendment 73 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point ii
Paragraph 2 - point c - point ii
ii. to ensure that the negotiations comply with the new directives on public procurement and concessions, in particular as regards the definition of public-public cooperation, exclusions and SME access, sustainability criteria and SME access, as well as with the thresholds below which these directives do not apply;
Amendment 77 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iii
Paragraph 2 - point c - point iii
iii. to ensure reciprocity in the mutual recognition of professional qualifications, in particular by establishing a legal framework, and that mobility is promoted by making it easier for professionals in the sectors covered by the agreement to obtain visas, without compromising the application of the general interest rules laid down by the competent authorities;
Amendment 80 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iv
Paragraph 2 - point c - point iv
iv. to ensure that transparent and effective measures in line with the Charter of Fundamental Rights are put in place to protect consumers against fraudulent online commercial practices; to make sure that consumers will be protected at home, when they travel and when they shop online, and that they will benefit from easy access to dispute resolution mechanisms and effective resolution dispute;
Amendment 84 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iv a (new)
Paragraph 2 - point c - point iv a (new)
iva. to ensure that the agreement promotes interoperability of eGovernment services within and between signatory countries and access for all citizens to such services;
Amendment 85 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point c - point iv b (new)
Paragraph 2 - point c - point iv b (new)
ivb. to ensure that the agreement allows consumers to use any terminal equipment and firmware of their choice, and that consumers can modify that equipment and any firmware installed on such equipment; to ensure also that services are provided in a technologically neutral manner;
Amendment 102 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d a (new)
Paragraph 2 - point d a (new)
da) as regards network information security i. to ensure that high levels of network information security are maintained, inter alia the promotion of prevention and hardening of IT security measures, including end-to-end encryption and ensuring liability for software manufacturers for not repairing and disclosing security vulnerabilities or for not exercising due diligence when creating their software;
Amendment 103 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d b (new)
Paragraph 2 - point d b (new)
db) as regards open software i. to ensure that signatory countries can require transfer of or access to open source software code and that they can initiate public procurement tenders with free of charge and open source software as a prerequisite;
Amendment 104 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d c (new)
Paragraph 2 - point d c (new)
dc) as regards telecom services i. to ensure that there are no additional requirements that would constitute exceptions from the users right to terminals of their choice, irrespective of the end-user’s or provider’s location or the location, origin or destination of the service, information or content, via their internet access service;
Amendment 7 #
2015/2203(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is deeply concerned that the Court's estimated error rate for EDF expenditures has increased three years in a row from 3,0 to 3,8 % between 2012 and 2014; underlines that this error rate is still substantially lower than the error rates of EU expenditures managed by Member States;
Amendment 8 #
2015/2203(DEC)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Expresses concern that the Commission had sufficient information to prevent, detect and correct the quantifiable errors before validating and accepting the expenditure, which would have resulted in an error rate up to 2,3 percentage points lower, bringing it below the materiality threshold of 2%; notes that most of the errors stem from non- compliance with procurement rules; supports the Court's recommendation to improve ex-ante controls;
Amendment 9 #
2015/2203(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the efforts carried out by EuropeAid to decrease outstanding commitments - Reste A Liquider - to EUR 9,7 billion by 31.12.2014 (compared to EUR 12,5 billion by 31.12.2013 or a 23% decrease); notes also EuropAid’'s efforts to reduce old pre-financing (46% achieved with a 25% target) and old unspent commitments (51,24% achieved with a 25% target) as well as the number of open expired contracts (15,52% achieved with a 15% target) but with less satisfactory progress for expired contracts under the EDFs where 25% of all EDF contracts are open expired contracts with an aggregate sum of EUR 3,8 billion; encourages the Commission to continue its efforts for shortening the average period of project implementation;
Amendment 12 #
2015/2203(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers it necessary to refrain from focusing on budgetary outturn as the sole management objective which can be detrimental to the principle of sound financial management and the achievement of results;
Amendment 24 #
2015/2203(DEC)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Encourages the UN and relevant UN institutions to continue deepening their cooperation with the Union through continuous development of exhaustive monitoring and reporting systems; stresses that several types of reporting obligations and payment conditions from different international donors trigger a negative effect on aid effectiveness and efficiency; regrets that reporting to the Commission by its partner organisations entrusted with implementing the Union budget under indirect management is often incomplete or insufficiently results-oriented;
Amendment 25 #
2015/2203(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Considers it fundamental to ensure the Union’'s visibility, also in the light of results ownership, especially in co- financed and multi-donor initiatives, that regular information be swiftly provided on the pooling of funds to ensure traceability of Union funds;
Amendment 26 #
2015/2203(DEC)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57a. Strongly encourages the setting of S.M.A.R.T. objectives in the planning phase of any EU-financed operation; stresses that only by doing so the ex-post evaluations of the outcomes and impacts achieved would provide Parliament with a clear and reliable report;
Amendment 28 #
2015/2203(DEC)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Calls on the Commission not to approve setting of another target date for the introduction of the FLEGT licencing system but sets a clear deadline for its implementation and links the future funding to the meeting of the set deadline;
Amendment 29 #
2015/2203(DEC)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Considers that the monitoring of projects, especially those clearly in difficulty, and associated risks should be regularly performed and accompanied by rapid mitigation measures;
Amendment 31 #
2015/2203(DEC)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Is of the opinion that development aid needs to be disbursed much more efficiently and that it needs to fulfil criteria of value added; stresses that this is the only way to provide people with worthwhile living conditions and to avoid an increase in flows of economic migration;
Amendment 2 #
2015/2196(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Director of the European 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 2014 / Postpones its decision on granting the Director of the European 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 2014;
Amendment 4 #
2015/2196(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants toRefuses to grant the Director of the European 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 2014;
Amendment 7 #
2015/2196(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Approves the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014 / Postpones the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014;
Amendment 9 #
2015/2196(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. ARefuses to approves the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014;
Amendment 10 #
2015/2196(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Court's report emphasised the fact that the Council conclusions adopted on 7 July 201013 approved EUR 6 600 000 000 (in 2008 values) for the Joint Undertaking contribution to the ITER construction phase of the project; notes that that figure, which doubled the initial budgeted costs for this phase of the project, did not include EUR 663 000 000 proposed by the Commission in 2010 to cover potential contingencies; acknowledges that the Joint Undertaking set up a Reserve Fund with the aim of providing a clearer mechanism that compensates the Domestic Agencies for design changes and incentivises the Internal Organisation to adopt solutions that minimise costs in an attempt to rectify the weakness identified by 2013 ITER Management Assessment14 ; considers that the significant increase of the project costs may put into danger other programmes which are also financed by the Union budget and may be contradictory to the ''value for money'' principle; __________________ 13 Council conclusions on ITER status of 7 July 2010 (ref. 11902/10). 14 Follow-up report 2013 Discharge Follow-up report 2013 Discharge
Amendment 12 #
2015/2196(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note that the latest estimate of the shortfall (“negative contingency”) until the finalisation of the construction phase, calculated by the Joint Undertaking in November 2014, was EUR 428 000 000 (2008 values); acknowledges that the Joint Undertaking is currently working on a more accurate and updated estimate through cost containment measures and that cost control will continue to be a priority at global project management level under the leadership of the new Director General of the ITER Organization; Points out that during the meeting of the Committee on Budgetary Control held on 22 February 2016 the Commission publically stated that it “rejected” the proposal of the action plan made by the new Director General of the ITER Organization; notes, furthermore, that the Joint Undertaking has implemented a central system to manage costing data in order to maintain close control of the evolution of the budget and to monitor cost deviations on a regular basis16 ; __________________ 16 Follow-up report 2013 Discharge Follow-up report 2013 Discharge
Amendment 13 #
2015/2196(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Fears that the new action plan proposed by the new Director General of the ITER Organization may lead to extra over costs and further delay of the ITER Project; is of the opinion that this could be to the detriment of other EU research programmes funded by the Union; stresses that it could be also contradictory to the ''value for money principle'';
Amendment 14 #
2015/2196(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the conclusions of the ITER Council of 15 and 16 June 2016 which confirmed that the ITER Project is now going in the right direction, in a way that will allow for a sound, realistic and detailed proposal for schedule and associated cost up to First Plasma, endorsed the updated Integrated Schedule for the ITER Project, which identifies the date of First Plasma as December 2025, indicated that the successful completion of all project milestReminds that during the meeting of the Committee on Budgetary Control held on 22 February 2016 the Commission publically stated that it "rejected" the proposal of the action plan made by the new Director General of the ITER Organization; takes notes of the conclusiones to date, on or ahead of schedule, is a positive indicator of the collective capacity ofof the ITER Council of 15 and 16 June 2016 which have not been made public yet; regrets the lack of transparency from the ITER Organization ; demands the Domestic Agencies to continue to deliver on the updated Schedule and underlined that the evidence of increased effectiveness of decision-making, improved understanding of risks, and rigourpublication of the final action plan including the new time schedule and the new estimated costs compared to the initial action plan; fears that additional costs will lead to further cuts in adothering to commitments provides a renewed basis for confidence that the ITER Project will maintain its current positive momentum EU Research programmes such as Horizon 2020; demands therefore a formal vote by the budgetary authorities of all stakeholders on the new action plan to ensure the most transparent and democratic process;
Amendment 14 #
2015/2196(DEC)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the new Director General of the ITER Organization to present publically his new action plan; expects that the new action plan clearly avoids any further delay or additional cost of the ITER Project;
Amendment 19 #
2015/2196(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. ObservesIs deeply concerned that the Joint Undertaking has not yet adopted all rules implementing the Staff Regulations; notes with concern that the Joint Undertaking relied on two transitional measures in order to avoid a legal vacuum pending the formal adoption of outstanding implementing rules to the Staff Regulations; notes however that progress has been made in this regard; urges the Joint Undertaking to urgently remediate to the situation; calls on the Joint Undertaking to inform the discharge authority on further advancements and state of implementation19 ; __________________ 19 ITER AAR - p. 104 & Follow-up report 2013 Discharge
Amendment 21 #
2015/2196(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes fromexpresses concerns about the Court’s reportfinding that, with one exception, the Joint Undertaking failed to provide the amount allocated to the different contracts from the EUR 6 600 000 000 capped budget at the time of launching the procedure, and did not provide the value for the estimate at completion (EAC) of those activities; reminds the Joint Undertaking that such information is essential to calculate the cost deviations from the capped budget; notes, furthermore, that in one case, the deviation of the awarded value of the contract over the cost baseline was 29 % and that that deviation was not reported in the evaluation committee report; urges the Joint Undertaking to be transparent and to strictly respect the sound financial management principles;
Amendment 4 #
2015/2163(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises thatUrges the EEAS to revise the staffing formula establishing the balance between staff drawn from Member States and from the community institutions, insists on the fact that such formula should apply to all levels of the hierarchy, in particular also to heads of delegation where Member States' diplomats are strongly overrepresented, with 59 of the 128 heads of delegation coming from Member States (i.e. 46 %) out of which only 20 come from Member States who joined the Union in 2004, 2007 and 2013; Considers this overrepresentation as wrong signal sent to Member states having joined the EU after 2004; is of the opinion that a better representation between the Member states and the community institutions and also amongst the Member states is necessary to represent and reflect the diversity within the Union;
Amendment 19 #
2015/2163(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Deplores the fact that the rules and operational guidelines applicable to the status of whistle-blower are not yet finalised under the Common Foreign and Security Policy; Urges the EEAS to finalize and adopt the rules and operational guidelines applicable to the status of whistle-blower by the end of 2016;
Amendment 7 #
2015/2161(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the creation of a new post designated as "own-initiative inquiry coordinator"; finds the justification for that creation general and vague; invites the Ombudsman to indicateasks the Ombudsman to explain to Parliament what is the added value of the new post; calls on the Ombudsman to report to Parliament by July 2016 whether this is part of a broader structuring and to identify the coordinator's tasks;
Amendment 16 #
2015/2161(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with concern that more than half of the targets set by the Ombudsman to assess its performance through key performance indicators were not reached; notes that the failure crosses all subject matters; asks the Ombudsman to report to Parliament, by July 2016, why the targets were not reached; calls on the Ombudsman to present to Parliament a plan to improve its efficiency and effectiveness; expects the Ombudsman to correct those weaknesses in next year's exercise;
Amendment 28 #
2015/2161(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Takes note of the Ombudsman´s calculations with regard to potential savings of EUR 195 000 should there be only one seat of the institution; takes into account that the seat of the Ombudsman is tied with the seat of the Parliament and therefore deems it necessary that the Ombudsman is included in any debate on centralisation of the Parliament´s seat; stresses that such centralization should be actively promoted;
Amendment 38 #
2015/2160(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Regrets that less than 35% of the managers is women while more than 60% of the staff is composed by women; stresses therefore that only 28% of senior manager posts taken by women; calls upon the Committee to correct this imbalanced situation concerning women;
Amendment 13 #
2015/2159(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the slight improvement in 2014 in the number of women holding management posts (61,4 % – 38,6 %); regrets however the still existing gap which has no correspondence in the other categoriesle more than 63 % of the staff is composed by women; stresses therefore that only 28 % of Directors are women; calls on the EESC to correct this imbalanced situation;
Amendment 3 #
2015/2158(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Acknowledges the crucial role of the Court of Auditors in ensuring better and smarter spending of European funds; recalls that the Court is in a pre-eminent position to provide the legislator and the budgetary authority with valuable opinions on the results and outcomes achieved by the Union's policies, with a view to improving the economy, efficiency and effectiveness of Union-financed activities;
Amendment 6 #
2015/2158(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the Court in its efforts to devote more resources to performance audits; expects the tasked-based organisation of audit staff to enable the Court to assign resources more flexibly without undermining it's mission; is of the opinion that, pursuant to Article 287(3) TFEU, closer cooperation between the Court and national supreme audit institutions, in particular in connection with conducting the performance - (Value for Money) audit reports of different EU policies and programmes and the auditing of shared-management arrangements, should be pursued; expects concrete results as regards the sharing of the Court's annual work programme;
Amendment 12 #
2015/2158(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. regrets that less than 33% of the managers is women while 50% of the staff is composed by women; stresses therefore that only 18% (2 out of 11) of the Directors is women; calls upon the Court to correct this imbalanced situation concerning women;
Amendment 15 #
2015/2158(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises that the Court has been making efforts to reduce translation costs; believes that envisaging a cooperation agreement for translation - as the consultative committees have with Parliament - could be considered as part of the Court's 2013-2017 strategy to improve efficiency and reduce costs; asks the Court to consider to outsource translation as an additional way of saving;
Amendment 6 #
2015/2157(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. NoteRegrets that there is still a shortage of women in positions of responsibility at the Court of Justiceless than 36 % of the managers are women while more than 60 % of the staff is composed by women; stresses therefore that only 18 % of senior manager posts are taken by women; calls foron the imbalanCourt of Justice to be corrected as soon as possible this imbalanced situation;
Amendment 7 #
2015/2157(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Request from the Court of Justice a clear and detailed answer to the question 26 (Pensions) as other Institutions do; considers the answer as unsatisfactory; considers that the Court should answer to all questions sent by the Parliament; calls upon the Court to be fully transparent concerning the pensions;
Amendment 9 #
2015/2157(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concernedDeplores that the internal whistle- blowing rules are still not adopted; calls onurges the Court of Justice to adopt and implement these without further delay in rules and operational guidelines applicable to the status of whistle-blower by the end of 2016.
Amendment 1 #
2015/2156(DEC)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- whereas transparency and the scrutiny of public accounts are overarching democratic principles which also apply to the EU;
Amendment 2 #
2015/2156(DEC)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
- whereas the discharge procedure is part of the concept of representative democracy;
Amendment 3 #
2015/2156(DEC)
Motion for a resolution
Citation 3 c (new)
Citation 3 c (new)
- whereas, under the terms of Article 319 of the Treaty on the Functioning of the European Union, the European Parliament, has the sole responsibility to grant discharge in respect of the implementation of the general budget of the European Union;
Amendment 14 #
2015/2156(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that the Council ought to be transparent and fully accountable to Union citizens for the funds entrusted to it as aby taking part in the annual discharge procedure just as the other Union institutions do; stresses that this implies that the Council take part fully and in good faith in the annual discharge procedure, just as the other institutions do; considers, in this regard, that effective supervision of the Union's budget implementation requires cooperation between Parliament and the Council through a working arrangement; regrets the difficulties encountered in the discharge procedures to date;
Amendment 16 #
2015/2156(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Emphasises that since 2009 the Council has refused to cooperate with the discharge procedure as implemented by Parliament, failing to provide the necessary information, answer written questions and attend hearings and debates on the implementation of its own budget, and that, as a result, more than EUR 3 billion in public funds have been spent without proper scrutiny;
Amendment 17 #
2015/2156(DEC)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Regrets about poor cooperation on scrutiny of the implementation of the budget between the Parliament and the Council last years and considers it as a negative sign sent to the citizens of the Union;
Amendment 18 #
2015/2156(DEC)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15 c. Takes the view that this constitutes a serious failure to comply with the obligations laid down by the Treaties, in particular the principle of sincere cooperation between the institutions, and that a solution must be found quickly so that the whole of the Union budget can be scrutinised; in this respect refers also to Article 15 TFEU which stipulates that each Union institution, body, office or agency shall ensure that its proceedings are transparent;
Amendment 20 #
2015/2156(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the Council to enter into negotiations with Parliament with a view to ensuring that the latter can exercise its right of access to information concerning the implementation of the Council's budget ; believes that it entails an obligation by the Council to deliver the requested information;
Amendment 23 #
2015/2155(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the Court of Auditors report adopted on 11.07.2014 states that the potential saving for the EU budget would be about 114 million EUR per year if the European Parliament centralised its activities; reiterates the call on Parliament and the Council to address, in order to create long term savings, the need for a roadmap to a single seat, as stated by Parliament in several previous resolutions;
Amendment 11 #
2015/2089(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that improving single market regulation should be both a priority and a shared responsibility of the Union institutions; believes that good legislation should contribute to competitiveness, the creation of jobs and smart and inclusive growth, and must do so in a way that stimulates, rather than frustrates, the European economy;
Amendment 15 #
2015/2089(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the principle of subsidiarity is an essential element and must represent the starting poibe taken into account for policy formulation;
Amendment 16 #
2015/2089(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the responsibility for subsidiarity extends beyond the Commission, the Council and Parliament, and includes a role for national and – where appropriate –regional parliamentsassemblies; recalls that the subsidiarity principle implies that policies should be decided at the most appropriate institutional level - whether European, national or regional; believes that the input of parliaments should be given appropriate weight and consideration in the context of the subsidiarity mechanism, but also as regards political dialogue;
Amendment 21 #
2015/2089(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the deadlines involved in the subsidiarity mechanism are sometimes too short to ensure that parliaments always have time to consider in detail aspects of implementation or other practical matters; considers, therefore, that parliaments should be afforded moresufficient time to respond; considers, as well, that a stronger ‘red card' procedure should be introduced, allowing proposals to be rejected on grounds of lack of conformity with subsidiarity, while avoiding to delay the European decision making process and the implementation of necessary or urgent European legislation;
Amendment 30 #
2015/2089(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that, where the need for European regulation can be demonstratedis necessary, the institutions should jointly undertake to ensure that the principle of proportionality, as well as the principles of simplicity, transparency, coherence and respect for fundamental rights, are reflected in the drafting of the relevant legislation;
Amendment 35 #
2015/2089(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that single market legislation should be to the benefit of competitiveness, innovation and growtha sustainable development based on balanced economic growth, a competitive social market economy, innovation and a high level of consumer protection, and views effective impact assessments as an important tool for informing policymakers on how best to design regulation to achieve these aims and their single market objectives;
Amendment 49 #
2015/2089(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 57 #
2015/2089(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that wide consultation is essential, particularly with regard to informal groupings, such as expert groups involved in standardisation activities, as well as relevant stakeholders, including social partners, consumer, environmental and social organisations, and regional and local authorities; considers the proper balancing of these groups, the publication of documents and evidence, and the invitation to all stakeholders to contribute effectively to the development of policy in this area, to be an important driver for innovation and the strengthening of the single market, particularly with regard to the Digital Single Market agenda;
Amendment 60 #
2015/2089(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 69 #
2015/2089(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that it is not only the formal targets for transposition and implementation that are important, but also the quality of transposition, the practical implementation on the ground and the problems or challenges they may involve in real life for the concerned stakeholders;
Amendment 92 #
2015/2089(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to undertake infringement proceedings where evidence exists to demonstrate a failure of implementation and where reasonable efforts to solve problems through tools such as EU Pilot or SOLVIT have failed; considers that while action should be taken in all applicable cases, the Commission could further prioritise action to tackle those infringements that are most significant in economic, social and societal terms;
Amendment 103 #
2015/2089(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers, however, that analysis should be improved as regards to whether the legislative steps taken so far have contributed effectively to achieving an aim, and whether they still remain necessary; believes, in this context, that a rolling target for administrative and regulatory unjustified burden reduction can make a positive contribution to ensuring that aims are met in the most efficient way possible;
Amendment 104 #
2015/2089(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes that the cumulative cost of regulation oftensometimes represent barriers for participants in the single market, particularly for SMEs; welcomes, therefore, the commitment by the Commission to examine this issue; underlines, however, that any such analysis should only address economic factors and should not be equated with a broader impact assessment, which includes assessments of other elements;
Amendment 108 #
2015/2089(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to improve its understanding of the factors influencing the achievement of policy objectives, such as the impact of complementary or clashing policies adopted at EU or national level, in order to direct policy making in a better way and, ultimately, to contribute to improved single market regulation; underlines in this regard the need for appropriate indicators based on clear, comprehensive and multi-dimensional criteria, including social and environmental criteria, in order to properly assess the need and modalities of action at EU level;
Amendment 113 #
2015/2089(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that legislation, once adopted, remains largely static and that incentives to respond to, and repeal, outdated legislation are often lacking, while consumer issues and market problems rise and fall as conditions change; considers, therefore, that sunsetreview clauses should be used more often, whereby the institutions could commit to keep legislation up to date and in place only where necessary; views safeguards as a necessary means of ensuring that essential legislation does not lapse;
Amendment 116 #
2015/2089(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers also that improving single market regulation does not mean removing all regulation nor diminishing the level of ambition of regulation for instance in terms of environmental protection, safety, security, consumer protection and social standards, but rather delivering a competitive regulatory environment that supports employment and enterprise within Europe;
Amendment 1 #
2015/2065(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the European Parliament's Written Declaration 0088/2007 'Investigating and remedying the abuse of power by large supermarkets operating in the European Union',
Amendment 16 #
2015/2065(INI)
Motion for a resolution
Recital D
Recital D
D. whereas significant structural changes have taken place in the business-to- business (B2B) food supply chain in recent years, involving concentration and horizontal, cross border and vertical integration of entities operating in the production, processing and retail sectors;
Amendment 28 #
2015/2065(INI)
Motion for a resolution
Recital E
Recital E
E. whereas UTPs occur where there is a lack of economic balance in trading relations between partners in the food supply chain, resulting fromfood supply chain actors such as farmers and suppliers on one hand, and manufacturers, processors and retailers on the other hand, lead to bargaining power disparities in business relations and constituting a serious disturbance to market balance;
Amendment 35 #
2015/2065(INI)
Motion for a resolution
Recital F
Recital F
F. whereas unfair practices may have harmful consequences for the food supply chain, which in turn may havehas a detrimental impact on the entire EU economy; whereas UTPs may discourage cross-border trade in the EU and hinder the proper functioning of the internal market; whereas unfair practices can result in particular in enterprises cutting back on investment and innovation owing to a reduction in income and a lack of certainty, and may lead them to abandon production, processing or trading activities;
Amendment 42 #
2015/2065(INI)
Motion for a resolution
Recital G
Recital G
G. whereas UTPs are an obstacle to the development and smooth functioning of the internal market and seriously disrupt market mechanisms;
Amendment 44 #
2015/2065(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas such squeezes on suppliers have negative knock-on effects on both quality of employment and environmental protection;
Amendment 45 #
2015/2065(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas consumers potentially face a loss in product diversity, cultural heritage and retail outlets as a result of UTPs;
Amendment 57 #
2015/2065(INI)
Motion for a resolution
Recital J
Recital J
J. whereas UTPs are covered only in part by competition law, the provisions of whichin part because competition focuses primarily on needs of consumers, therefore provisions of competition law relate to only a few UTPs in the B2B food supply chain;
Amendment 88 #
2015/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the setting up of the Supply Chain Initiative, which has resulted in the adoption of a set of principles of good practice in B2B relations in the food supply chain and a voluntary framework for the implementation of those principles; believes that efforts to promote fair trading practices in the food supply chain can make a real impact; nevertheless notes that groups representing farmers have chosen not to participate because there is no enforcement mechanism nor mechanism for confidential complaints;
Amendment 142 #
2015/2065(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that UTPs imposed by parties in a stronger bargaining position clearly have a negative impact; stresses that UTPs can hamper investment and product innovation, and have a detrimental effect on product quality; in addition that UTPs lead to uncertainty in production which can also lead to overproduction and unnecessary food wastage;
Amendment 150 #
2015/2065(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the Supply Chain Initiative and other national and EU voluntary systems (codes of good practice, voluntary dispute settlement mechanisms) should be further developed and promoted; in conjunction with effective and strong enforcement mechanisms at Member State level and EU level coordination, encourages producers and traders to become involved in such initiatives; takes the view that they should play a leading role in efforts to combat UTPs; recognises the potential that such initiatives have as alternative forums for dispute resolution;
Amendment 178 #
2015/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that action to combat UTPs will help to ensure the proper functioning of the internal market and to develop cross- border trading within the EU and with third countries;
Amendment 185 #
2015/2065(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and Member States to fully and consistently enforce Directive 2011/7/EU on combating late payments in commercial transactions, in order that creditors be paid within 60 days by businesses, or otherwise face interest payments and payment of reasonable recovery costs of the creditor;
Amendment 198 #
2015/2065(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms that free and fair competition, freedom to contract and properstrong and effective enforcement of the relevant legislation to protect all entities in the food supply chain, irrespective of geographical location are of key importance in ensuring the proper functioning of the food supply chain;
Amendment 207 #
2015/2065(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the Commission's acknowledgement in its Green paper of 31 January 2013 that there is no true contractual freedom where there is marked inequality between parties;
Amendment 237 #
2015/2065(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests that work should begin on EU rules on the establishment or recognition of national public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain; takes the view that public agencies of this kind should be empowered to conduct investigations on their own initiative and on the basis of informal information and complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose penalties; The issue of unfair trading practices in the supply chain has the been the subject of 5 European Parliament resolutions including 3 specifically on imbalances and abuses in the food supply chain, since 2009; further notes that the European Commission has produced 3 Communications, one Green paper and commissioned two Final Reports on similar subjects in the same timeframe; on this basis declares that yet more analysis on the state of UTPs in the food supply chain will merely delay the pressing need for action to help all food supply chain actors address UTPs. Therefore recommends that work should begin swiftly on a Directive based on Article 114 TFEU providing for the establishment or recognition of national public agencies with responsibility for enforcing laws to combat unfair practices in the food supply chain; takes the view that the EU should establish minimum standards for principles, including an open list of outlawed UTPs, and operational procedures regarding investigations undertaken by such agencies on their own initiative and on the basis of informal information and complaints dealt with on a confidential basis (thus overcoming the fear factor), as well as to impose dissuasive penalties of amounts sufficient to ensure that no enterprise can profit from imposing UTPs; Such a Directive should also provide for a single European market coordination forum to enable national enforcement bodies to provide advice, facilitate exchange of good practice and information, cooperate on cross border cases, analyse new forms of UTPs and where appropriate, cooperate in setting and imposing penalties in cases involving operators from more than one Member State. Such public agencies should be sufficiently staffed and funded, and also coordinate with relevant enforcement bodies in Member States and in third countries;
Amendment 261 #
2015/2065(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recognises that self regulation, EU and Member State legislation as well as independent adjudicators and dispute resolution entities can all co-exist and work together to end UTPs in the food supply chain;
Amendment 392 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that the Commission's report on the SCI (COM(2016)32) highlights that one of the weaknesses of the SCI is that it does not allow for individual confidential complaints. Supports the Commission's proposal to improve the functioning of the SCI to allow alleged victims of UTP to complain confidentially. Furthermore suggests that anonymity and confidentiality be incorporated into any future legislative initiatives in this area.
Amendment 393 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Notes that the Commission's report regarding the supply chain initiative (SCI) (COM (2016)32) highlights that one of the weaknesses of the SCI is lack of effective deterrents. Thereby calls on the Commission to establish mechanisms to ensure effective deterrents such as fines (as a percentage of turnover in the Member State(s) affected. Supports the Commission's proposal to nominate an independent body with the power to investigate and impose sanctions. In addition, suggests that this independent body have the power to monitor, perform unannounced spot- checks, right to initiate investigation into alleged or potential UTPs as well as to investigate UTPs originating from a complaint.
Amendment 394 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Notes that the Commission's report on the SCI (COM(2016)32) highlights as a strength, the SCI's EU wide nature. Nevertheless is disappointed that the Commission's report and underlying study by Areté does not examine in detail the nature of cross-border UTPs. Underlines that large food retail companies use centralised sourcing more and more as it increases their bargaining position and allows them to exploit economies of scale. Notes accordingly the subsequent weakening of the position of their suppliers and other actors in the supply chain. Highlights that centralised sourcing can also lead to forum shopping for the Member State with the weakest enforcement/legislative framework or penalties. Underlines that one of the priorities for the Juncker Commission is a deeper and fairer internal market and emphasises that failure to address UTPs, including centralised purchasing, undermines this priority as well as another Juncker Commission priority, that of growth and jobs. Therefore calls on the Commission to evaluate the impact of central sourcing by multinationals on UTPs and to check that adequate enforcement mechanisms exist to curb cross-border UTPs by such companies.
Amendment 395 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
Amendment 396 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
Amendment 397 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 f (new)
Paragraph 21 f (new)
21f. Is disappointed that the Commission's report fails to understand that the SCI is structurally unsuited to achieving the aim of reducing or eliminating SCIs in the food supply chain; underlines that without significant restructuring of SCI leadership and internal governance, the SCI will never be able to reliably protect complainants (fear factor) nor apply enforceable sanctions.
Amendment 398 #
2015/2065(INI)
Motion for a resolution
Paragraph 21 g (new)
Paragraph 21 g (new)
21g. Regrets that the Areté study did not examine the cost of food wastage which is a consequence of UTPs, suppliers often find food being sent back for arbitrary reasons and that this is being used as a form of market control used by retailers and tier-one suppliers to offset changes in supply and demand, thus transferring risk up the supply chain. This is contrary to the general principle of fair dealing ('contracting parties should deal with each other responsibly, in good faith and with professional diligence') of the SCI's own Principles of Good practice (PGP); as well as the PGP's specific principles of predictability ('Unilateral change to contract terms shall not take place unless this possibility and its circumstances and conditions have been agreed in advance. The agreements should outline the process for each party to discuss with the other any changes necessary for the implementation of the agreement or due to unforeseeable circumstances, as provided in the agreement'), compliance ('Agreements must be complied with'), responsibility for risk ('All contracting parties in the supply chain should bear their own appropriate entrepreneurial risks');
Amendment 399 #
2015/2065(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes the Commission's observation that farmers' representatives decided not to join the SCI as in their view it does not ensure sufficient confidentiality for complainants, lacks statutory powers for independent investigations and meaningful sanctions as well as an absence of mechanisms to combat well- documented UTPs and that their concerns about imbalances in the nature of enforcement mechanisms have not been properly taken into account. Believes that farmer participation is crucial and that increasing participation is not due to lack of awareness, rather lack of faith in current SCI procedures and governance. Therefore proposes that improving the functioning of the SCI inter alia via independent governance, confidentiality and anonymity, and effective enforcement and effective deterrent, could as a first step increase farmer interest, support, and thereby participation.
Amendment 400 #
2015/2065(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
Amendment 401 #
2015/2065(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Supports the Commission's intention to publicise and increase awareness of the SCI, particularly amongst SMEs; encourages the Commission to also target micro-enterprises in their publicity campaigns.
Amendment 402 #
2015/2065(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Questions the Commission's unwavering support for the Supply Chain Initiative (SCI) in its report, given its limitations; reiterates farmers' reluctance to participate on account of a lack of trust, restrictions on anonymous complaints, a lack of statutory power, an inability to apply meaningful sanctions, the absence of mechanisms adequate to combat well-documented UPTs, and concerns about imbalances in the nature of enforcement mechanisms, which have not been adequately taken into account; regrets the Commission's reluctance to ensure anonymity and appropriate sanctions.
Amendment 403 #
2015/2065(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. As a follow up to the Commission's report, calls on the Commission, Member States and other relevant stakeholders to facilitate the incorporation of farmers' organisations (including POs and APOs) within the scope of national enforcement bodies governing the food supply chain, primarily by securing the anonymity of complaints and an effective sanctions regime.
Amendment 36 #
2015/2053(INI)
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- protect consumers more effectively and help them to make better informed choices about buying products, increasing transparency, furnishing more information about quality and origin and ensuringcontributing to improve traceability;
Amendment 73 #
2015/2053(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that this system must be accompanied by the creation of a single European register, that it should be characterised by a cross-cutting approach in order to maximise its economic and social impact, and that it should significantly enhance the existing link between products and their area of origin, in order to increase the credibility and authenticity of a product and, guarantee its origin and contribute to improve its traceability;
Amendment 9 #
2015/2037(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that internal market and defence policies should not be seen as opposing one another ; underlines that a well- functioning internal market of defence- related products would strongly contribute to achieving the objectives of the Common Security and Defence Policy (CSDP), and regrets that few progress has been made so far in this direction despite the adoption in 2009 of the defence package directives; stresses that correct implementation of the legal framework for EU public procurement could contribute to more efficient defence spending and strengthen the European Defence Technological and Industrial Base;
Amendment 18 #
2015/2037(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that internal market rules should be used to their full potential to counteract the ongoing fragmentation of the European defence and security sector, which leads to duplication of defence equipment programmes, lack of transparency regarding the relations between national defence administrations and the defence industry or even corruption, thereby involving inefficiency in spending public money and higher costs for tax payers; urges the Member States to correctly implement and enforce Directive 2009/81/EC, concerning procurement in the fields of defence and sensitive security, and Directive 2009/43/EC, concerning the transfer of defence-related products; calls on the Commission to provide the necessary assistance to that end;
Amendment 25 #
2015/2037(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to step up its efforts to achieve a level playing field in European defence markets, fighting protectionist practices by Member States, limiting the use of justified exclusions to a strict minimum and linking them strictly to the protection of essential security interests and not to the protection of Member States' domestic economic interests;
Amendment 34 #
2015/2037(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the full phase-out of offsets is indispensable for fighting corruption, avoiding distortions of competition and ensuring the smooth and transparent functioning of the internal market in the European defence sector;
Amendment 42 #
2015/2037(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that framework agreements and, subcontracting and division into lots are a means of opening up established supply chains for the benefit of SMEs; calls on the Member States, the European Defence Agency and the Commission to work together to help SMEs consolidate and facilitate their access to defence procurement; welcomes the work of the European Defence Agency on a pooled procurement mechanism which should encourage cooperative acquisition of defence equipment;
Amendment 46 #
2015/2037(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the uptake by industry of the main instruments of the Defence Transfer Directive, specifically general licences and the certification of defence firms, remains very limited; urges the Commission and the Member States to ensure the effective use of these instruments in practice, and that there are loopholes in the administrative cooperation between Member States to ensure appropriate control measures in order to prevent breaches of the terms and conditions of transfer licences; urges the Commission and the Member States to ensure the effective use of these instruments in practice; emphasises the need to ensure that defence-related products are not exported or re-exported in violation of export limitations to third countries, and to ensure that in case of re-exportation to a third country, the export limitations decided by the originating Member State are respected, in particular in the framework of the implementation of the European Union Common Position 944/2008 on Arms Export;
Amendment 55 #
2015/2037(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recalls that the Member States urgently need to improve the transparency of procurement practices in the defence sector vis-à-vis the Commission and EU agencies; underlines that specific procurement procedures such as the negotiated procedure without prior publication of the contract notice should be limited to exceptional cases and justified only by overriding reasons of general interest connected to defence and security, in compliance with directive 2009/81/EC; urges the Commission to ensure appropriate monitoring so as to enable comprehensive reporting, in respect of both directives, to Parliament and the Council in 2016 as scheduled;
Amendment 64 #
2015/2037(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission to accompany, in its implementation reports to Parliament and the Council on Directives 2009/81/EC and 2009/43/EC in 2016, to evaluate thoroughly whether and to what extent their provisions have been correctly enforced, and whether their objectives have been achieved, and to come up accordingly with legislative proposals;
Amendment 70 #
2015/2037(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Recalls that the modernisation of the EU public procurement rules as set out in Directives 2014/24/EU and 2014/25/EU, adopted in 2014, affords opportunities for more streamlined procedures, such as the use of electronic procurement and, aggregation of demand and the use of the most economically advantageous tender, which can be tailored to the specificities of the defence and security sector;
Amendment 171 #
2015/0278(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations includingand persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 178 #
2015/0278(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products, services and the built environment related to the provision of goods and services, which without Union action would further increase disparities between national provisions.
Amendment 187 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selec, which enable all people to make full use of the products, and services and infrastructure covered by this Directive, in the least burdensome manner for the economic operators and the Member Stateds.
Amendment 213 #
2015/0278(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) When identifying and classifying the needs of persons with disabilities the product or service is intended to meet, the principle of the universal design should be viewed in accordance with the General Comment No. 2(2014) on Article 9 of the UN Committee on the Rights of Persons with Disabilities.
Amendment 222 #
2015/0278(COD)
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. Control mechanisms nevertheless have to be in place in order to verify the rightful exception from the accessibility requirements application.
Amendment 248 #
2015/0278(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) Data bases on non-accessible products should be established at national and Union levels.
Amendment 265 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b – point ii a (new)
Article 1 – paragraph 1 – point b – point ii a (new)
(iia) parking ticket vending machines;
Amendment 267 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)
Article 1 – paragraph 1 – point b – point iii a (new)
(iiia) payment terminals.
Amendment 275 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
(da) household appliances operated by a user interface.
Amendment 284 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) interactive kiosks located in public places and related to shopping activities;
Amendment 300 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) e-commerce, including website and mobile device-based services of postal, energy and insurance providers.
Amendment 304 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) accommodation services.
Amendment 319 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Chapters I, II and VII of this Directive shall apply to the following: (a) built environment used by clients of passenger transport services, including the environment that is managed by service providers and by infrastructure operators; (b) built environment used by clients of banking services; (c) built environment used by clients of telephony services, including customer services centres and shops under the scope of telephony operators.
Amendment 325 #
2015/0278(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Minimum harmonisation 1. Member States shall maintain measures in conformity with Union law which go beyond the minimum requirements established by this Directive. 2. Member States may introduce measures in conformity with Union law which go beyond the minimum requirements established by this Directive.
Amendment 329 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and understandable for persons with functional limitations, including and persons with disabilities, on an equal basis with others;
Amendment 360 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines and, check-in machines and payment terminals shall comply with the requirements set out in Section II of Annex I.
Amendment 368 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Telephony services, including emergency services and the related consumer terminal equipment with advanced computing capability, shall comply with the requirements set out in Section III of Annex I. Member States shall ensure the availability of at least one text-based relay service and one video- based relay service, within the entire territory of the Member State and continuously, in consultation with users' organisations, including organisations representing persons with disabilities, ensure that these relay services are interoperable with the telephony services. Member States shall also ensure the availability of audio, video and real-time text communication (Total Conversation) with national, regional, and local emergency services.
Amendment 371 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1 a (new)
Article 3 – paragraph 5 – subparagraph 1 a (new)
By the date set out in Article 27(2), audiovisual media service providers broadcasting in the Union shall make accessible their services as follows: - at least 75 % of the overall programming shall include subtitles for the deaf and hard of hearing (SDH); - at least 75 % of the overall programming subtitled into the national language shall include spoken subtitles; - at least 5 % of the overall programming shall include sign language interpretation.
Amendment 379 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Banking services, the websites, the mobile device-based banking services and payment terminals, self- service terminals, including Automatic Teller machines used for provision of banking services shall comply with the requirements set out in Section VI of Annex I.
Amendment 384 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 9
Article 3 – paragraph 9
9. E-commerce, media and news websites, online platforms and social media shall comply with the requirements set out in Section VIII of Annex I.
Amendment 388 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decidshall ensure, in the light of national conditions, that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators, as well as any other service or place for the purchase of any of the products listed in this Directive, shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including and persons with disabilities.
Amendment 403 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking. They shall include an additional clear reference to accessibility such as "Accessible product".
Amendment 412 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned. The provision of instructions and safety information to consumers should be done in accessible and multiple formats.
Amendment 474 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The accessibility requirements referred to in Article 3 apply to the extent that they do not introduce a significant change in an aspect or feature of a product or service that results in the alteration of the basic nature of the product or service.
Amendment 476 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with disabilities, persons with functional limitations and persons with age related or any other impairments, taking into account the frequency and duration of use of the specific product or service.
Amendment 484 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator. Lack of priority, time or knowledge shall not be considered as legitimate reasons to claim the disproportionate burden.
Amendment 486 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator together with users and experts on accessibility requirements.
Amendment 488 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authorityThe market surveillance authority shall systematically verify the assessment for such an exemption to be granted unless the economic operator has provided an independent third party assessment.
Amendment 493 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including persons with disabilities and their representative organisations and the market surveillance authorities to ensure that adequate principles for the assessment of the exceptions are established in order to ensure that they are coherent.
Amendment 509 #
2015/0278(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a National database Each Μember State shall establish a public accessible database register of non- accessible products. Consumers shall be able to consult and log information about non-accessible products. Member States shall take the necessary measures to inform consumers or other interested parties of the possibility to lodge complaints. An interactive system between national databases shall be envisaged, possibly under the responsibility of the Commission or the relevant representative organizations, so that information on non-accessible products can be disseminated across the Europe.
Amendment 530 #
2015/0278(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Exchange of information To facilitate the exchange of information and best practices among market surveillance authorities and to ensure coherence in the application of the requirements set out in this Directive or in cases deemed necessary following a request by the Commission to express an opinion on exceptions from those requirements, the Commission shall establish a working group formed by representatives of the national market surveillance authorities and the representative organisations of the relevant stakeholders, including persons with disabilities.
Amendment 540 #
2015/0278(COD)
Proposal for a directive
Article 21 – paragraph 1 – point d a (new)
Article 21 – paragraph 1 – point d a (new)
(da) where applicable, all relevant Union legislation or to the provisions in Union legislation referring to accessibility for persons with disabilities.
Amendment 544 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the estimated costs and benefits for the competent authorities concerned in relation to the estimated benefit for persons with disabilities and persons with functional limitations, taking into account the frequency and duration of use of the specific product or service;
Amendment 545 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The assessment of whether compliance with accessibility requirements referred to in Article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned. Lack of priority, time or knowledge should not be considered as legitimate reasons to claim a disproportionate burden.
Amendment 546 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where a competent authority has used the exception provided for in paragraphs 1, 2 and 3 for a specific product or service it shall notify the Commission thereof. The notification shall include the assessment referred to in paragraph 2, and it shall be made available to the public in accessible formats.
Amendment 549 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. If the Commission has reasons to doubt the decision of the competent authority concerned, the Commission may request the working group referred to in Article 19a to verify the assessment referred to in paragraph 2 of this Article and issue an opinion.
Amendment 553 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby an accessible, comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.
Amendment 558 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
2a. Member States shall ensure that prior to an action being taken before the courts or before the competent administrative bodies, there shall be an opportunity for the relevant economic operator to resolve any alleged non- compliance with the provisions of this Directive, including via engagement, cooperation or alternative dispute resolution mechanisms with consumers, public bodies and / or private associations, organisations or other legal entities with a legitimate interest. This shall be known as the "engagement mechanism". If the non-compliance cannot be resolved to the satisfaction of both parties within 15 days from the date that the economic operator is notified of the concerns raised by consumers, public bodies and / or private associations, organisations or other legal entities with a legitimate interest, the engagement mechanism shall be considered to have failed, unless the parties mutually agree to extend that period. In cases where the engagement mechanism fails, national courts shall be required, when assessing the merits of a case involving allegations of substantial non-compliance with this Directive, to take into consideration whether or not the parties availed themselves of the engagement mechanism.
Amendment 560 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 b (new)
Article 25 – paragraph 2 b (new)
2b. To further the aim in paragraph 2a, Member States shall encourage economic operators to implement and publicise a consumer complaints mechanism with the aim of resolving disputes.
Amendment 563 #
2015/0278(COD)
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall dedicate the necessary resources to enforce and collect penalties. Funds raised shall be re- invested in accessibility-related measures.
Amendment 579 #
2015/0278(COD)
Proposal for a directive
Annex I – Section I – point -1 a (new)
Annex I – Section I – point -1 a (new)
-1. Operating Systems 1. The provision of services in order to maximise their intended use by persons with functional limitations, including persons with disabilities, shall be achieved by meeting the requirements as laid down in point 3 on user interface and functionality design. The provision of services includes: (a) information about the functioning of the service and about its accessibility characteristics and facilities which may be provided in digital format (b) the electronic information, including the websites needed in the provision of the service.
Amendment 580 #
2015/0278(COD)
Proposal for a directive
Annex I – Section I – paragraph 1 – title
Annex I – Section I – paragraph 1 – title
1. Design and production of general purpose computer hardware:
Amendment 586 #
2015/0278(COD)
Proposal for a directive
Annex I – Section II – Title
Annex I – Section II – Title
Self-service terminals: Automatic Teller Machines, ticketing machines and check-in machines, parking ticket vending machines and check-in machines and payment terminals,
Amendment 591 #
2015/0278(COD)
Proposal for a directive
Annex I – Section II – point 2a (new)
Annex I – Section II – point 2a (new)
Functional performance requirements: (a) Usage without vision: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that does not require vision; (b) Usage with limited vision: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that enables users with limited vision to make better use of that vision; (c) Usage without perception of colour and contrast: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that does not require user perception of colour and contrast; (d) Usage without hearing: where ICT provides auditory modes of operation, it shall also provide at least one mode of operation that does not require hearing; (e) Usage with limited hearing: where ICT provides auditory modes of operation, it shall also provide at least one mode of operation with enhanced audio features, clarity and volume included; (f) Usage without vocal capability: where ICT requires vocal input from users, it shall provide at least one mode of operation that does not require users to generate vocal output; (g) Usage with limited manipulation or strength: where ICT requires manual actions, it shall provide at least one mode of operation that enables users to make use of the ICT through alternative actions not requiring manipulation or hand strength, or operation of more than one control at the same time; (h) Usage with limited reach: where ICT products are free-standing or installed, their operational elements must be within reach of all users; (i) Minimising of photosensitive seizure triggers: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that minimises the potential for triggering photosensitive seizures; (j) Usage with limited cognition: the ICT shall provide at least one mode of operation making the product simpler and easier to use; (k) Privacy: where ICT provides features ensuring accessibility, it shall also provide at least one mode of operation that maintains the privacy of users when using those ICT features ensuring accessibility.
Amendment 593 #
2015/0278(COD)
Proposal for a directive
Annex I – Section III – Part A – point 1 – point c
Annex I – Section III – Part A – point 1 – point c
(c) making websites and online applications accessible in a consistent and adequate way for users’' perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 594 #
2015/0278(COD)
Proposal for a directive
Annex I – Section III – Part A – point 1 – point c a (new)
Annex I – Section III – Part A – point 1 – point c a (new)
(ca) making mobile-based services including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users´ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative, and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level,
Amendment 603 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IV – Part A – point 1 – point c
Annex I – Section IV – Part A – point 1 – point c
(c) making websites and online applications accessible in a consistent and adequate way for users’' perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 604 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IV – Part A – point 1 – point c a (new)
Annex I – Section IV – Part A – point 1 – point c a (new)
(ca) making mobile-based services including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users´ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative, and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level,
Amendment 617 #
2015/0278(COD)
Proposal for a directive
Annex I – Section V – Part A – point 1 – point b
Annex I – Section V – Part A – point 1 – point b
(b) making websites and online applications accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 618 #
2015/0278(COD)
Proposal for a directive
Annex I – Section V – Part A – point 1 – point c a (new)
Annex I – Section V – Part A – point 1 – point c a (new)
(ca) the built environment needed for the provision of the service shall comply with Section X of this Annex.
Amendment 621 #
2015/0278(COD)
Proposal for a directive
Annex I – Section V – Part B – point a
Annex I – Section V – Part B – point a
(a) making websites and online applications accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 625 #
2015/0278(COD)
Proposal for a directive
Annex I – Section V – Part C – title
Annex I – Section V – Part C – title
C. Mobile device-based services, smart ticketing, smart check-in and real time information:
Amendment 629 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VI –– Title
Annex I – Section VI –– Title
Banking services; websites used for provision of banking services; mobile device-based banking services; self -service terminals, including Automatic Teller machines used for provision of banking services and payment terminals.
Amendment 634 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VI – Part B – point a
Annex I – Section VI – Part B – point a
(a) making websites and online applications accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 638 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VI –– Part D – Title
Annex I – Section VI –– Part D – Title
D. Self-service terminals, including Automatic Teller machines used for provision of banking services and payment terminals:
Amendment 643 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VII –– Part A – point 1 – point c
Annex I – Section VII –– Part A – point 1 – point c
(c) making websites and online applications accessible in a consistent and adequate way for users’' perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 644 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VII –– Part A – point 1 – point c a (new)
Annex I – Section VII –– Part A – point 1 – point c a (new)
(ca) making mobile-based services including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users´ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative, and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level,
Amendment 651 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VIII – title
Annex I – Section VIII – title
E-commerce, including website and mobile device-based services of postal, energy and insurance providers
Amendment 654 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VIII – Part A – point 1 – point b
Annex I – Section VIII – Part A – point 1 – point b
(b) making websites and online applications accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 655 #
2015/0278(COD)
Proposal for a directive
Annex I – Section VIII – Part A – point 1 – point b a (new)
Annex I – Section VIII – Part A – point 1 – point b a (new)
(ba) making mobile-based services including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international levels;
Amendment 691 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part B a (new)
Annex I – Section IX – Part B a (new)
Ba. Functional performance requirements (a) Usage without vision: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that does not require vision; (b) Usage with limited vision: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that enables users with limited vision to make better use of that vision; (c) Usage without perception of colour and contrast: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that does not require user perception of colour and contrast; (d) Usage without hearing: where ICT provides auditory modes of operation, it shall also provide at least one mode of operation that does not require hearing; (e) Usage with limited hearing: where ICT provides auditory modes of operation, it shall also provide at least one mode of operation with enhanced audio features, clarity and volume included; (f) Usage without vocal capability: where ICT requires vocal input from users, it shall provide at least one mode of operation that does not require users to generate vocal output; (g) Usage with limited manipulation or strength: where ICT requires manual actions, it shall provide at least one mode of operation that enables users to make use of the ICT through alternative actions not requiring manipulation or hand strength, or operation of more than one control at the same time; (h) Usage with limited reach: where ICT products are free-standing or installed, their operational elements must be within reach of all users; (i) Minimising of photosensitive seizure triggers: where ICT provides visual modes of operation, it shall also provide at least one mode of operation that minimises the potential for triggering photosensitive seizures; (j) Usage with limited cognition: the ICT shall provide at least one mode of operation making it simpler and easier to use; (k) Privacy: where ICT provides features ensuring accessibility, it shall also provide at least one mode of operation that maintains users’ privacy when using those ICT features ensuring accessibility.
Amendment 696 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X a (new)
Annex I – Section X a (new)
Accommodation services A. Services 1. The provision of services in order to maximise their foreseeable use by persons with functional limitations, including persons with disabilities, shall be achieved by: (a) providing information about the functioning of the service and about its accessibility characteristics and facilities as follows: (i) shall be made available in accessible web format by making them perceivable, operable, understandable and robust in accordance with point (b) (ii) shall list and explain how to use the accessibility features of the service and its complementarity with a variety of assistive technologies. (b) making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (c) making mobile-based services including mobile applications needed for the provision of e-commerce services accessible in a consistent and adequate way for users’ perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level; (d) Electronic identification, security and payment methods needed for the provision of the service shall be understandable, perceivable, operable and robust without undermining the security and privacy of the user. (e) Making the built environment accessible to persons with disabilities according to requirements in Section XI. (a) All common areas (reception, entrance, leisure facilities, conference rooms, etc.) (ii) Rooms according to requirements in Section XI whereas the minimum number of accessible rooms per establishment shall be: • 1 accessible room for establishments with less than 20 room overall • 2 accessible rooms for establishments with more than 20 but less than 50 rooms • 1 supplementary accessible room for every additional 50 rooms 2. Support services Where available, support services (help desks, call centres, technical support, relay services and training services) shall provide information on the accessibility of the service and its compatibility with assistive technologies and services, in accessible modes of communication for users with functional limitations, including persons with disabilities.
Amendment 119 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Non-essential parts, such as trigger internals, springs, pins, magazines and accessories used to diminish the sound should be defined, as those items do not represent any danger or possible risk.
Amendment 121 #
2015/0269(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Member States should ensure that an effective system is implemented for monitoring possession of firearm. That system, which could be periodic or continuous, should provide an effective system of continuous monitoring taking into account the risks concerned, including the nature and quantity of firearms possessed by an individual, applicable requirements for secure storage, the duration of any authorisation, and any relevant indications, for example from medical or other tests, indicating that the conditions for allowing possession may no longer be met. Where a system of continuous monitoring is used, it may inter alia include requirements for the owner to present the firearms held, as well as ammunition, for a check at the request of the supervisory authority, for the owner to submit at any time to a check of continued eligibility for possession, and on-site checks of compliance with safe storage requirements.
Amendment 198 #
2015/0269(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 227 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the abseThere is a risk that any firearms converted to firing blanks, irritants, other active substances of conversion to category "A", certain semi-automatic firearms may be very dangerous whenr pyrotechnic ammunition can be converted back in such a way as to make theirm capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useble of firing live ammunition. Such firearms should therefore remain classified as firearms in appropriate category.
Amendment 254 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to controlMarketing of firearms, parts and ammunition by means of the internet or other means of distance communication, for example by way of online auction catalogues or classified advertisements, and the arranging of a sale or other transaction by means of, for example, telephone or email should, where allowed under national law, be possible provided thant the conventional selling methods, especially as regards the on line verification of the legality of authorieach such transfer is approved by the involved Member States authorities and permits are cross-checked by the issuing Member States authorities or actual handing over takes place on a face- to-face basis, so as to allow verification of identity and of the right to engage in such a transactions. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersThe handing over can be either between the parties directly, or by way of collecting the firearm, essential component or ammunition at the premises of a dealer, local police station or another body authorised under the national law of the Member State concerned.
Amendment 337 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is inserted: "1ea. For the purposes of this Directive, 'collector' shall mean any natural or legal person dedicated to the gathering and conservation of firearms and associated artefacts, and recognised and registered as such by a Member State."
Amendment 474 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 4
Article 4 – paragraph 2 – subparagraph 4
Furthermore, Member States shall ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the unique marking permitting identification of the transferring government. Firearms classified in category A must first have been deactivated in accordance with the provisions implementing Article 10b or converted into category B7 in accordance with implementing provisions in that respect, save in the case of transfers in accordance with authorisations granted pursuant to the first or the second subparagraph of Article 6.
Amendment 514 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Without prejudice to Article 3, Member States shall authorisepermit the acquisition and possession of firearms classified in category A and category B only by persons who have good cause and who:
Amendment 642 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
Member States may allow hunters registered as members of a hunting association and sports shooters to keep, under clear storage conditions, firearms classified in category A6 or category A7 which they have legally acquired and registered before ... (date of entry into force of this Amending Directive).
Amendment 646 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
Member States may permit limited exemptions from the prohibition of firearms classified in category A7 for reasons of sport training and competitions upon application from a recognised sport shooting organisation and following receipt of a positive opinion from a national sport shooting federation.
Amendment 648 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3 c (new)
Article 6 – paragraph 3 c (new)
Member States may authorise collectors residing in their territory to keep in their possession firearms classified in category A acquired before ... [the date of entry into force of this Amending Directive], provided the firearms in question have been deactivated in accordance with the provisions implementing Article 10b, and subject to clear and strict conditions of storage.
Amendment 669 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
The maximum limitsduration of an authorisation shall not exceed fivetwenty years. The authorisation may be renewed if the conditions on the basis of which it was granted are still fulfilled.
Amendment 745 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
Amendment 801 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
(ii) in category B, point 7 is deleted.replaced by the following: "7. Semi-automatic firearms which have been permanently converted from automatic firearms by appropriate procedures."
Amendment 13 #
2015/0028(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to theifor subsistence purposes.
Amendment 18 #
2015/0028(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) At the same time, seal hunting is an integral part of the culture and identity of the Inuit and other indigenous communities and makes a major contribution to their subsistence. For those reasons, seal hunts traditionally conducted by Inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes. Moreover, it is broadly recognised that the fundamental and social interests of Inuit and other indigenous communities should not be adversely affected, in accordance with United Nations Declaration on the rights of Indigenous Peoples and other relevant international instruments. For those reasons, by way of exception, Regulation (EC) No 1007/2009 allows the placing on the market of seal products which result from hunts traditionally conducted by Inuit and other indigenous communities and which contribute to theifor subsistence purposes.
Amendment 18 #
2015/0028(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, it is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes.
Amendment 24 #
2015/0028(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the Inuit and other indigenous communities, just like in the other seal hunts. Nonetheless, it is appropriate, in light of the objective pursued by Regulation (EC) No 1007/2009, to make the placing in the Union market of products resulting from hunts by the Inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain, distress, fear or other forms of suffering of the animals hunted to the extent possible, while having regard to the traditional way of life and the subsistence needs of the Inuit and other indigenous communities. The exception granted in respect of seal products resulting from hunts conducted by Inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes. Thus, the Commission should be enabled to limit, if necessary, the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are not conducted for subsistence purposes or are conducted primarily for commercial purposes.
Amendment 30 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Regulation (EC) No 1007/2009
Article 2 – points 4 a and 4 b (new)
Article 2 – points 4 a and 4 b (new)
(-1) In Article 2, the following points are added: "4a. "subsistence purposes" means the customary and traditional uses by Inuit and other indigenous communities of seal products for: (i) direct personal or family consumption as food, shelter, fuel, clothing or tools; (ii) making and selling of handicraft articles out of non-edible by seal products taken for personal or family consumption; or (iii) exchange of seals or their parts if the exchange is of limited and non- commercial nature, or sharing for personal or family consumption; 4b."hunts not conducted primarily for commercial purposes" means that a majority of the products of the hunt are used, consumed or enjoyed within the Inuit and other indigenous communities without being sold, traded or otherwise transferred outside of the community in order to obtain economic benefit";
Amendment 31 #
2015/0028(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) N° 1007/2009
Article 2 – paragraph 1 – point 2 a and 2 b (new)
Article 2 – paragraph 1 – point 2 a and 2 b (new)
(-1) In Article 2 paragraph 1 the following points 2 a and 2 b are inserted: 2a. 'subsistence purposes' means the customary and traditional uses by Inuit and other indigenous communities of seal products for direct personal or family consumption as food, shelter, fuel, clothing, tools; for the making and selling of handicraft articles out of non-edible by products of seals taken for personal or family consumption ; or for exchange of seals or their parts if the exchange is of limited and non-commercial nature, or sharing for personal or family consumption; 2b. 'not conducted primarily for commercial purposes' means that a majority of the products of the hunt are used, consumed or enjoyed within the community without being sold, traded or otherwise transferred outside of the community in order to obtain economic benefit;
Amendment 32 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the hunt contributes to theis conducted for subsistence purposes of the community and is not conducted primarily for commercial reasons;
Amendment 38 #
2015/0028(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) 1007/2009
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the hunt contributes to theis conducted for subsistence purposes of the community and is not conducted primarily for commercial reasons;
Amendment 41 #
2015/0028(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 1007/2009
Article 3 – paragraph 5
Article 3 – paragraph 5
5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is not conducted for subsistence purposes or is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4a in order to limit the quantity of products resulting from that hunt that may be placed on the markeprevent the placing on the market of the products resulting from that hunt.
Amendment 51 #
2015/0028(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) N° 1007/2009
Article 3 – paragraph 5
Article 3 – paragraph 5
5. If the number of seals hunted, the quantity of seal products being placed on the market pursuant to paragraph 1 or other circumstances are such as to indicate that a hunt is not conducted for subsistence purposes or is conducted primarily for commercial purposes, the Commission shall be empowered to adopt delegated acts in accordance with Article 4 in order to limit the quantity of products resulting from that hunt that may be placed on the markeprevent the placing on the market of the products resulting from that hunt.
Amendment 23 #
2014/2817(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Association Agreement and the relevant gradual integration of Moldova in the EU policies should not exclude Moldova from its traditional, historical and economic ties with other countries in the region but, on the contrary, should create the conditions so that the country can fully benefit from all of its potential;
Amendment 47 #
2014/2817(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Moldovan authorities to ensure that the upcoming electoral process takes place according to the highest European and international standards and to adopt the necessary measures in order to facilitate the participation of Moldovans living abroad; highlights the important role that political actors and parties play and the need to adopt an effective legislation that ensures transparency in party financing;
Amendment 50 #
2014/2817(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern at the lack of transparency of media ownership and concentration of mass-media ownership that weakens the plurality of the media landscape; calls, in this regard, on the Moldovan authorities to ensure that especially during the electoral campaign all the political forces have a fair and balanced access to media;
Amendment 55 #
2014/2817(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on Moldova to tackle with renewed strength the reform of the judiciary and the necessity to ensure its independence and the law enforcement systems; stresses the need to intensify the fight against corruption at all levels, inter alia by fully implementing the legislative package adopted in 2013; calls on the Moldovan authorities to ensure that the mechanisms belonging to the anti- corruption system, particularly the National Anti-Corruption Centre and the National Integrity Centre, are properly financed and staffed and free from undue influence;
Amendment 59 #
2014/2817(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the need to investigate properly and fully all allegations of violations of human rights, and in particular to tackle impunity and effectively prosecute perpetrators for ill- treatment and torture;
Amendment 63 #
2014/2817(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the importance of anti- discrimination legislation to ensure equality and protection for all minorities, and in particular for LGBT persons, and calls on the Moldovan authorities to remove all the remaining discriminatory provisions;
Amendment 76 #
2014/2817(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. SNotes that the DCFTA has been provisionally applied since 1 September 2014, following the signature on 27 June and the Council Decision 2014/492/EU on the signing and provisional application of the Association Agreement; notes that the Commission normally follows the established practice to wait for EP's consent before starting the provisional application of Association Agreements; strongly deplores the continued use of trade by Russia as a means to destabilise the Moldovan economy, first before the Vilnius Summit and then in the aftermath of the signature of the Association Agreement; recalls that Russia has banned imports of wine and fruits from Moldova on the basis of unfounded SPS concerns and has also suspended trade preferences under the CIS FTA; supports fully the Commission’'s initiatives aimed at countering the effects of the Russian embargo on Moldovan products, including by providing financial support and extending and deepening the Autonomous Trade Preferences; adopting Autonomous Trade Preferences; believes that the provisional application of the DCFTA will contribute to alleviating the economic impact of the Russian sanctions, but stresses that a clearly- defined roadmap for implementation and adequate financial and technical support are necessary conditions for a successful implementation and for Moldova to really benefit from increased access to the EU market;
Amendment 80 #
2014/2817(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes note of the recent revision of the energy strategy and calls on Moldovan government to review and strengthen the 2013-15 national action plan for energy efficiency, develop a credible and effective plan on renewable energy with a view to diversifying energy sources and align with EU climate-change policies and targets;
Amendment 90 #
2014/2817(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the importance, in this respect, to enhance people-to people contacts at all levels in order to create the conditions for a sustained dialogue and further promote confidence-building with a view to stepping up the peace process and achieving the reconciliation between the parties;
Amendment 3 #
2014/2249(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers it fundamental to observe budgetary discipline and use available EU funds more efficiently and effectively; notes that the existing Structural Funds should be used more effectively to foster competitiveness and social cohesion, with stringent supervision of their proper implementation;
Amendment 6 #
2014/2249(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned by the difficulties encountered annually in the discharge procedures for the Council to datefact that since 2009 the Council has refused to cooperate with the discharge procedure as implemented by Parliament, failing to provide the necessary information, answer written questions and attend hearings and debates on the implementation of its own budget; stresses that Parliament’'s Treaty-based oversight of all institutions managing the EU budget is not taken seriously by the Council, and that is therefore impossible for Parliament to take an informed decision on gwhich by doing so undermines the legitimacy and the legality of the Parliament's operanting dischargeons;
Amendment 10 #
2014/2249(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers the sustained lack of cooperation by the Council to havemakes it impossible for the Parliament to take an informed decision on granting a discharge having a persistent negative effect on citizens’' perceptions on the credibility of the EU institutions;
Amendment 14 #
2014/2249(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Acknowledges the crucial role of the Court of Auditors in ensuring better and smarter spending of European funds; recalls that the Court is in a pre-eminent position to provide the legislator and the budgetary authority with valuable opinions on the results and outcomes achieved by the Union’'s policies, with a view to improving the performanceeconomy, efficiency and effectiveness of Union- financed activities;
Amendment 15 #
2014/2249(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Is of the opinion that, pursuant to Article 287(3) TFEU, closer cooperation between the Court and national supreme audit institutions, in particular in connection with conducting the performance - (Value for Money) audit reports of different EU policies and programmes and the auditing of shared- management arrangements, should be pursued; expects concrete results as regards the sharing of the Court’'s annual work programme;
Amendment 3 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 33 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels of consumer protection; observesensure that TTIP does not ultimately reduce the high levels of protection enjoyed by consumers in Europe and the United States or call into question the ability of the public authorities on both sides of the Atlantic to adopt or modify the rules which govern the marketing of products or the provision of services, public procurement and the protection and development of public services; given that in most sectors EU and US standards and regulatory environments ensure this high level; considers, ensure, therefore, that any approximatingon of our regulations represents a unique chance to establishdoes not come at the expense of high-quality standards and laws for consumers which will bcould become the de facto international standards;
Amendment 65 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists, while respecting the freedom of governments to protect public services,safeguard the freedom of governments to protect and develop public services, to define their scope, to organise and fund them as they see fit, and to choose and change the method of provision and the ownership arrangements, in keeping with the subsidiarity principle; as regards the sectors explicitly included in the scope of the agreement, ensure that EU service providers must have full market access to liberalised services in the US, under transparent rules, set by the authorities in the place of provision, at both federal and sub-federal levels;
Amendment 71 #
2014/2228(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. given the importance, for local and regional authorities in particular, of maintaining high-quality public services, seek a global exemption from the scope of the TTIP for all public services and urge the two Parties to give a clear undertaking to that effect in a joint declaration;
Amendment 75 #
2014/2228(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. ensure that the exemption for public services is not confined to sovereign tasks, such as public security, but covers all services of general interest which receive any form of public support, in particular social services, health, education, culture and postal services;
Amendment 77 #
2014/2228(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. urge that all sectors excluded from the scope of the EU Services Directive, in particular health, social and audiovisual services, should also be excluded from the scope of the TTIP negotiations;
Amendment 79 #
2014/2228(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. ensure that all water-related services (production, distribution and treatment) are excluded from the scope of the TTIP;
Amendment 81 #
2014/2228(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. as regards purely commercial services, ensure that the negotiations are based on a positive list of sectors which are included, rather than a negative list, and ensure that it is possible at any time for the public authorities to re-establish public control over liberalised sectors;
Amendment 83 #
2014/2228(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. ensure that the TTIP does not call into question the principle of ‘economic needs tests’, which are useful regulatory tools for the public authorities in some sectors;
Amendment 88 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for mutual recognition of professional qualifications between the Parties and for the abolitionEnsure that any progress made between the Parties as regards mutual recognition of professional qualifications in no way undermines the ability of the public authorities of a work permit requirements for high-skilled workers in sectors covered by TTIP, so as to create maximum mobility of professionals between the EU and the USer’s country of residence to lay down rules and procedures in this area, so as to encourage mobility of professionals between the EU and the US without compromising the application of the general interest rules laid down by the competent authorities;
Amendment 104 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to ensure that European companies, including SMEs,Ensure that the new European rules adopted when the public procurement directives were revised are safeguarded and promoted in the negotiations, in particular as regards SMU access to public procurement, the use of award criteria based on value for money, not the lowest prices, the setting-aside of contracts for social economy operators, the possibility for contracting authorities to cooperate as inter-municipal associations and the thresholds below which public procurement is not subject to European or international rules; guarantee that European companies are not discriminated against when tendering for public contracts on the US market at all government levels, and to ensureenjoy transparent access at a level equal to or higher than that applying to US companies today in Europe under the new EU procurement rules;
Amendment 111 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. enforce the right of contracting authorities, when awarding public procurement contracts, to give preference to local suppliers, with a view to minimising the impact on the environment;
Amendment 118 #
2014/2228(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. ensure that public-private partnerships are excluded from the scope of the negotiations, given their importance for the public authorities as a tool, in particular in the area of local development;
Amendment 122 #
2014/2228(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. ensure that concession contracts are excluded from the scope of the negotiations, given their importance for the public authorities as a tool, by virtue of the long periods for which they are generally concluded;
Amendment 125 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that, while safeguardTo maintaing the protection achieved by EU standards and regulations, TTIP should go beyond the WTO Technical Barriers to Trade Agreement, in areas such a and the possibility for the EU legislator, in accordance with the principle of democratic accountability, to continue to adopt and improve these standards and regulations as it sees fit, especially in the areas of the environment, social matters, health, safety, consumer protection and cultural diversity, and in particular as regards conformity assessment, product requirements, or standards, as well as providing for transparency in the preparation and availability of technical regulations;
Amendment 137 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the setting-up of an ambitious and effectiveTo ensure that cooperation mechanism aimed at creating common standards where possible in existing procedures, and to ensure that there is no unintended divergence in future standards in key sectors; believes that EU-US common standards should be promotedin key sectors covered by TTIP does not lead to the setting-up of a mechanism which undermines the right of the competent authorities to regulate; to promote stringent quality, safety and consumer protection standards which, wherever possible, are common to the EU and the US, in all international forums;
Amendment 148 #
2014/2228(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. To safeguard the role of the European Parliament in the EU legislative process, including as regards impact assessments and delegated and implementing acts, and its right to verify implementation of such legislation;
Amendment 155 #
2014/2228(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. ETo emphasises that internationally agreed standards, where existing and up-to-date, should be adopted by the US and the EU, for example in the electronic devices sector, and that they must be consistent with the Charter of Fundamental Rights of the European Union;
Amendment 159 #
2014/2228(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. To reject the ISDS dispute settlement mechanism in that it would in fact lead to justice being privatised and would undermine the right of the competent authorities to regulate by exposing them to the threat of legal proceedings by private investors; to reject ISDS in particular in the light of the threat it would pose to the legal certainty of public procurement contracts in the EU;
Amendment 165 #
2014/2228(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. RecallsTo ensure, in view of the aim to continue to guarantee a high level of product safety within the Union; considers, that TTIP shoulddoes not question this requirement, but should eliminate unnecessary dupli and that testing and market surveillance measures are based on the precaution of testing that causesary principle, that they are necessary and that they do not lead to a waste of resources, in particular on low-risk products; demandsto call for the recognition by the US of self- declaration of conformity on products, where allowed by EU law;
Amendment 171 #
2014/2228(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. SupportsTo see to it that in the establishment of a mandatory structural dialogue and cooperation between regulators, in complete respect of regulatory autonomy, in particular in the engineering sector, comprising electrical and mechanical machinery, appliances and equipment;cluding on technical procedures linked to delegated and implementing acts in the sectors TTIP covers, regulatory autonomy is fully upheld, something which may be achieved through exchanges between the competent authorities when the regulations are drawn up; to make sturesses, however, that this should involve early warning mechanisms and exchanges at the time of preparation of regulations; believes that regulatory divergencooperation does not increase the administrative burden on EU and Member State institutions by adding unnecessary procedures or structures, that it does not slow down the legislative process arend the central non-tariff barrier (NTB) to trade, andat it does not create a risk of regulatory standstill; to make sure that regulators should exploretudy ways to promote compatibility, such as mutual recognition, harmonisation or alignment upwards of requirements, as regulatory divergences, when they do not reflect public interest explicitly set by the competent authorities, may be a non-tariff barrier (NTB) to trade;
Amendment 184 #
2014/2228(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that the recognition of equivalence of the greatest possible number of vehicle safety regulations would be one of the most important achievements of TTIP; stresses that this will require verifying that the EU and US regulations provide for a similar level of protection; believes that this mustTo verify that EU and US regulations provide for equivalent levels of protection, as harmonisation or convergence upwards of the greatest possible number of vehicle safety regulations would be one of the most important achievements of TTIP, and this would be a step towards full regulatory convergence for the sector; urgesto advocate the strengthening of EU-US cooperation in the framework of the United Nations Economic Commission for Europe (UNECE), especially regarding new technologies;
Amendment 191 #
2014/2228(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. StressesGiven that SMEs are disproportionately affected by NTBs, which TTIP must seek to reduce or eliminate completely;, to urges that a coherent framework be established to allow SMEs to raise NTB issues with the appropriate authorities;
Amendment 198 #
2014/2228(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. ExpectsTo ensure that the agreement to makes it easier for SMEs to participate in transatlantic trade and reduce costs by modernising, digitising, simplifying and streamlining procedures, and by raising the de minimis threshold for customs duties and non-randomised controls;
Amendment 203 #
2014/2228(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. To make sure that the question of intellectual property rights, including copyright, trademarks and patents, is not included in the negotiations, as neither the Member States nor the EU have adopted comprehensive harmonisation measures for these matters;
Amendment 205 #
2014/2228(INI)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. To make sure that data protection is not included in the negotiations, so as to abide by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union;
Amendment 206 #
2014/2228(INI)
Draft opinion
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. To make sure that measures on encryption are not included in the negotiations, so that the European Union’s high standards can be updated and constantly improved;
Amendment 212 #
2014/2228(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. ConsidersTo make sure that the EU and the US need to establish common rules to define the origin of products, and ensuring that such rules should bare clear and, easily applicable and shoul, support fair trade and consider current and future trends in production.
Amendment 26 #
2014/2214(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it essential that EUSAIR contribute to and help speed up the EU accession process of the South East Europe countries by addressing common regional challenges; calls for these countries to be fully and effectively involved in all steps of EUSAIR's implementation and for them to improve their connectivity among themselves and with the rest of the EU by simplifying existing administrative burdens, including the Adriatic-Ionian Corridor; calls for their significant disparities and deficits in infrastructure to be tackled, in particular as regards road and rail networks, intermodal connections and traffic management systems; encourages the development of synergies and coordinated policies between the EU, the relevant Member States and the South East Europe countries;
Amendment 31 #
2014/2214(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to seek, through coherence and complementarity, the most efficient use of all available financing instruments in order to optimise impact and to achieve better results and to encourage sustainable economic growth which is one of the main pillars for future developments and improvements in the area;
Amendment 42 #
2014/2214(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Draws the attention to the increasing importance of the Adriatic and Ionian region as regards the energy security of the EU; expresses concern, in this regard, at the construction of energy infrastructures and oil and gas explorations and drilling, bearing in mind the high vulnerability of the Adriatic and Ionian seas; calls for the full respect of the EU legislation with regard, in particular, to all stages of the Environmental Impact Assessment;
Amendment 2 #
2014/2150(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that, where the need for action at EU level has been clearly identified, it should be carefully assessed which legislative instrument (regulation or directive) is best suited for reaching the intended political goal; considers that a set of indicators to identify the full compliance costs of a new legislative act should be applied in order to better assess its impact; underlines that such indicators must be based on clear, comprehensive and multi- dimensional criteria, including social and environmental criteria, in order to properly assess the need and modalities for action at EU level;
Amendment 29 #
2014/2150(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the work of regulatory simplification (REFIT) cannot be taken as a pretext for lowering the level of ambition on issues of vital importance to the safety and wellbeing of employees, or on the protection of the environment; calls against the promotion of a deregulation agenda with the excuse of Better Regulation or of reducing burdens to SMEs; calls on the Commission not to lower its level of ambition and calls for public policy objectives including environmental, social and health and safety standards not to be jeopardised;
Amendment 30 #
2014/2150(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for businesses and stakeholdersstakeholders, including social partners, consumer protection organisations, environmental and social organisations as well as regional and local authorities, to be more closely involved with subsidiarity checks, administrative burden assessment, and the monitoring of the implementation of EU legislation at national level; welcomes the Commission’s intention to establish a new High Level Group on better regulation under the responsibility of the responsible Vice-Presidis firmly against the proposal of the High Level Group on administrative burdens to establish an external high level Better Regulation Advisory Body outside the EU institutions that would be responsible for assessing administrative burden of proposals, cost of compliance, respect for subsidiarity and proportionality, choice of legal base, suggesting better regulation initiatives and monitoring the implementation of EU legislation at national level; believes this option raises serious questions of legitimacy and governance and would strongly undermine the role and legitimacy of the Commission; strongly insists that this responsibility for conducting comprehensive and balanced impact assessment is retained by the Commission under the systematic control of the European Parliament;
Amendment 2 #
2014/2135(DEC)
Proposal for a decision 1
Paragraph 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;
Amendment 6 #
2014/2135(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
10. 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;
Amendment 8 #
2014/2135(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply concerned that the Court issued a qualified opinion, for a third consecutive year, on the legality and regularity of the transactions underlying the annual accounts, on the grounds of not being able to conclude whether or not the ex post audit strategy, which relies heavily on the National Funding Authorities (NFAs) auditing project cost claims, provides sufficient assurance with respect to the legality and regularity of the underlying transactions; notes with concern that the Court issued a qualified opinion for a third consecutive yearconsiders that the qualified opinion put into question the willingess of the Joint Undertaking to be effective and efficient according to the principle of ''value for money''; urges therefore the Joint Undertaking to report to the discharge authorities on its strategy to change swiftly those current practices;
Amendment 2 #
2014/2132(DEC)
Proposal for a decision 1
Paragraph 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;
Amendment 5 #
2014/2132(DEC)
Proposal for a decision 2
Paragraph 1
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;
Amendment 8 #
2014/2132(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 9 #
2014/2132(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is deeply concerned that for the third year in a row, the Joint Undertaking received a qualified opinion from the Court on the legality and the regularity of the transactions underlying the annual accounts on the grounds that the Joint Undertaking was not in a position to assess whether the ex post audit strategy provides sufficient assurance with respect to the legality and regularity of the underlying transactions; considers that the qualified opinion put into question the willingness of the Joint Undertaking to be effective and efficient according to the principle of ''value for money''; urges therefore the Joint Undertaking to report to the discharge authorities on its strategy to change swiftly those current practices;
Amendment 1 #
2014/2129(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
11. 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;
Amendment 5 #
2014/2129(DEC)
Proposal for a decision 2
Paragraph 1
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;
Amendment 8 #
2014/2129(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes withIs concerned that the Court's report contains an emphasis of matter as a part of its statement of assurance, which indicates a significant risk of increase to which the amount of the Joint Undertaking's contribution to the construction phase of the ITER project is exposed; notes furthermore that the risk of increase of the amount of the contribution results mainly from changes in the scope of the project deliverables as well as from the current schedule which is not considered as realistic and is currently under revision;
Amendment 11 #
2014/2129(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the Council's conclusions adopted on 7 July 201015 approved EUR 6,6 billion in 2008 values, in order for the Joint Undertaking to contribute to the ITER construction phase of the project; notespoints out with concern that from the Court’s emphasis of matter that this amount is double compared to the initial budgeted costs and did not include an amount of EUR 663 000 000 proposed by the European Commission and intended to cover potential contingencies; considers that the significant increase of the project may put into danger other programmes which are also financed by the Union’s budget and may be contradictory to the ''value for money'' principle; __________________ 15 Council conclusions on ITER status of 7 July 2010 (ref.11902/10)
Amendment 12 #
2014/2129(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes withIs deeply concerned that in November 2013 the Joint Undertaking estimated the budget shortfall until the finalisation of the construction phase of the project to be EUR 290 000 000, representing a deviation of 4,39 % over the figure approved by the Council in 2010 and representing a increase of 10,7 % compare to the initial budget of the project;
Amendment 14 #
2014/2129(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotesPoints with concern that the Joint Undertaking has not detailed in its financial statements the degree of advancement of the work in- progress; acknowledges from the Court that this information is essential in reflecting the status of the activities carried out so far by the Joint Undertaking, as regards the procurement arrangements signed with the ITER International Organisation; acknowledgespoints out that from the Joint Undertaking that information regarding overall progress was provided through its Annual Progress Report and Annual Activity report but limited to a raw preliminary estimation of the percentage of works completed, based on the amount of expenses related to procurement arrangements incurred up to date and comparing them to the estimated value of the contribution in kind to the project; acknowledges furthermore that a raw preliminary estimation of works completed is included in the 2013 Annual Accounts; emphasises the need for information and indicators for proper performance measurement, which applies both to output and internal management;
Amendment 15 #
2014/2129(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note that the Joint Undertaking's final 2013 budget available for implementation included commitment appropriations of EUR 1 297 000 000 and payment appropriations of EUR 432 400 000; notes furthermore that the utilisation rates for commitment and payment appropriations were 100 % and 89,8 % respectively; takes noteunderlines that the implementation rate for the payment appropriations with respect to the 2013 initial budget before reductions was 57,8 %; acknowledges from the Joint Undertaking that this has been caused by delays and mismanagement in the provision of data by the ITER International Organisation as well as longer than planned negotiations with companies in order to decrease costs; expresses its concern on possible future delays or overcosts and their impact on the budget of the ITER project;
Amendment 16 #
2014/2129(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Takes note that the United States of America is reconsidering its participation to the ITER project mainly due to the overcosts and regular increase of the project; considers therefore that if the United States of America withdraws its participation to the project, the whole project might face additional and further problems; asks to the Commission and the Director of the Joint Undertaking for ITER to present a report to the discharge authorities on the official position of all stakeholders concerning their future commitments on the ITER project;
Amendment 17 #
2014/2129(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concern that seven members have paid their 2013 annual membership contribution late, amounting to EUR 2 200 000; takes noteconsiders that any delay on the payment of the annual contribution might have an impact on the way the project is run; stresses that the delays range from three to 48 days; acknowledges from the Joint Undertaking that 77 % of delayed payments corresponded to the contribution of two member and were received one working day late;
Amendment 21 #
2014/2129(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes withIs deeply concern fromed that the Joint Undertaking has not yet adopted all the rules implementing the Staff Regulations; nots with concern that the working space currently made available is insufficient and impedes its staff from operating in reasonable conditions; is deeply concerned that the working space conditions are having an negative impact on the Joint Undertaking’s efforts to fill all the available posts and reduce the vacancy rate; observes with concern that the working space conditions were cited by its employees as one of the major difficulties and concerns in a recent survey amongst the Joint Undertaking’s staff; asks to the Commission and the Director of the Joint Undertaking to present a report to the discharge authorities detailing the reasons of the delay on the implementation of the staff regulations and on the situation concerning the working conditions;
Amendment 30 #
2014/2081(DEC)
Motion for a resolution
Paragraph 24
Paragraph 24
24. WelcomAppreciates the cooperation between the Court of Auditors and Parliament's Committee on Budgetary Control and welcomes regular feedback on the basis of Parliament's demands; Asks however the Court of Auditors and the discharge authorities to improve again their cooperation in order to make their work more efficient and more effective;
Amendment 31 #
2014/2081(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that Court of Auditors' reports, and particularly the special reports, are an important contribution to move towards a better quality spending approach with regards to the EU funds; is of the opinion that the Court of Auditors' reports could have even more added value if there were complemented by a certain number of corrective measures to be taken by the EU, and an expected timing to implement them, in order to reach the goals and objectives defined by the EU programme, fund, or policy; considers therefore that this enhanced focus on outputs and especially long term outcomes, according to the efficiency and effectiveness principles, would improve the needed follow-up process to be carried out by the Court of Auditors in which the effects of the proposed recommendations would be monitored;
Amendment 13 #
2014/2080(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes the Court of Justice's policy of giving preference to the use of internal resources, in particular within the translation services; understands the difficulties in finding some language combinations with a legal expertise background; is deeply concerned however with the very high unused appropriations - EUR 2 200 000 - allocated to freelance translation; considers therefore that outsourcing, if needed, should also lead to further savings;
Amendment 12 #
2014/2079(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers it desirablemocratic for Parliament to exercise its power to grant discharge pursuant to Articles 316, 317 and 319 of the Treaty on the Functioning of the European Union in line with current interpretation and practice, namely to grant discharge to each heading of the budget individually in order to maintain transparency and democratic accountability towards Union taxpayers; affirms therefore that granting or not granting discharge is one duty Parliament has towards the EU citizens;
Amendment 13 #
2014/2079(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Is of the opinion that the discharge- related EU legal framework should be revised in order to clarify the discharge making process;
Amendment 15 #
2014/2079(DEC)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Is of the opinion that the EP should consider using the annual budgetary procedure to force the Council to respond to Parliament; considers therefore that if the Council does not reply to Parliament after the postponement of the discharge 2013, Parliament should consider introducing reserves in some budget lines of the Council as possible and necessary solution;
Amendment 10 #
2014/2077(DEC)
Motion for a resolution
Recital I
Recital I
I. whereas direct budget support remains highly risky as money introduced into the general budget of the state/country cannot be sufficiently monitoredquires close monitoring and policy dialogue between the EU and the partner country regarding objectives, progress towards agreed results and performance indicators; whereas risks associated to budget support are subject to a systematic risk analysis and a risk mitigation strategy.
Amendment 5 #
2014/0197(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 13 #
2014/0197(COD)
Proposal for a regulation
Article 2
Article 2
Amendment 14 #
2014/0197(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 28 #
2014/0124(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Undeclared work has serious budgetary implications through decreased tax and social security revenues. Undeclared work also does not produce a level playing field in the EU. It has negative impacts on employment, productivity, compliance with working conditions' standards, skills development and life-long learning. It undermines the financial sustainability of social protection systems, deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare.
Amendment 82 #
2014/0124(COD)
Proposal for a decision
Article 2 a (new)
Article 2 a (new)
Article 2a This Directive is without prejudice to the International Labour Organisation's Convention 81 on Labour Inspection.
Amendment 116 #
2014/0124(COD)
Proposal for a decision
Article 11 a (new)
Article 11 a (new)
Article 11a Defence of rights Actors bringing cases of undeclared work to the attention of the platform, either directly or via national enforcement authorities or platform observers, shall be protected against any unfavourable treatment by their employer.