Activities of Arndt KOHN
Plenary speeches (20)
Order of business DE
Establishing the 'Customs' programme for cooperation in the field of customs - Establishing the instrument for financial support for customs control equipment (debate) DE
Discharge 2017 (debate) DE
Discharge 2017 (debate) DE
Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (debate) DE
Specific provisions for the European territorial cooperation goal (Interreg) (debate) DE
Rail passengers' rights and obligations (debate) DE
Presentation of the Court of Auditors' annual report - 2017 (debate) DE
Import of cultural goods (debate) DE
Discharge 2016: EU general budget - European Council and Council (debate) DE
Fighting customs fraud and protecting EU own resources DE
Harmonising and simplifying certain rules in the VAT system - Rates of value added tax (debate) DE
Debate with the Prime Minister of Luxembourg, Xavier Bettel, on the Future of Europe (debate) DE
Integrity policy of the Commission, in particular the appointment of the Secretary-General of the European Commission (debate) DE
Cutting the sources of income for Jihadists - targeting the financing of terrorism (debate) DE
Decision adopted on the Fair Taxation package II and III (debate) DE
Decision adopted on the State of Energy Union 2017 (debate) DE
Presentation of the Court of Auditors' annual report - 2016 (debate) DE
The fight against cybercrime (short presentation) DE
Fire safety in buildings (debate) DE
Reports (8)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section II – European Council and Council PDF (164 KB) DOC (61 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section IX – European Data Protection Supervisor PDF (165 KB) DOC (69 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section X – European External Action Service PDF (185 KB) DOC (75 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section VII – Committee of the Regions PDF (159 KB) DOC (60 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section VI – European Economic and Social Committee PDF (157 KB) DOC (59 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section VIII – European Ombudsman PDF (154 KB) DOC (61 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section IV – Court of Justice PDF (174 KB) DOC (72 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2017, Section V – Court of Auditors PDF (172 KB) DOC (67 KB)
Shadow reports (14)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) as regards cooperation with the European Public Prosecutor's Office and the effectiveness of OLAF investigations PDF (523 KB) DOC (232 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme PDF (242 KB) DOC (106 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment PDF (930 KB) DOC (150 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code PDF (420 KB) DOC (52 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods PDF (1 MB) DOC (206 KB)
SECOND REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section II – European Council and Council PDF (362 KB) DOC (60 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section X – European External Action Service PDF (473 KB) DOC (68 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section IV – Court of Justice PDF (410 KB) DOC (71 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section VII – Committee of the Regions PDF (364 KB) DOC (56 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section II – European Council and Council PDF (363 KB) DOC (56 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section VIII – European Ombudsman PDF (362 KB) DOC (54 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section IX – European Data Protection Supervisor PDF (389 KB) DOC (58 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section VI – European Economic and Social Committee PDF (367 KB) DOC (56 KB)
REPORT on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section V – Court of Auditors PDF (361 KB) DOC (54 KB)
Opinions (3)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination Centres
OPINION on the proposal for a regulation of the European Parliament and of the Council on specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund and external financing instruments
OPINION on autonomous driving in European transport
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the 'Customs' programme for cooperation in the field of customs
Written explanations (1)
Draft recommendation following the inquiry on money laundering, tax avoidance and tax evasion (B8-0660/2017) DE
Es ist wichtig, dass der Untersuchungsausschuss zu den Panama Papers mit Hilfe vieler engagierter Journalisten und Hinweisgeber das globale Ausmaß von Steuervermeidung, Steuerhinterziehung und Geldwäsche umfangreich aufgearbeitet hat. In der EU gehen jedes Jahr 1 Billion Euro verloren, verloren für Schulen, Krankenhäuser oder Infrastruktur. Die Frage ist: Was können wir auf EU-Ebene dagegen tun? Wir brauchen unbedingt einen EU-weiten Mindestsatz für die Körperschaftssteuer! Und wir brauchen Kriterien, die eine tatsächliche wirtschaftliche Betätigung am Ort der Steuerpflicht regeln, nicht nur Telefonnummern oder Briefkästen. Aber warum räumen wir nicht zuerst in der EU auf? Die Niederlande haben zum Beispiel 4000 individuelle Steuerdeals vereinbart bei denen es um Millionen Euro geht. Von diversen britischen Inseln und ihren Vorzügen ganz zu schweigen. Solange einzelne Mitgliedstaaten im Rat ambitionierte Reformen blocken und solange das Parlament kein stärkeres Mitspracherecht bei Steuerfragen hat, wird es wenige Fortschritte geben. Wir sind die Stimme der Bürger, die so etwas nicht mit sich machen lassen wollen. Wenn wir glaubhaft bleiben wollen, dann muss sich bei den Mitgliedstaaten dringend etwas ändern!
Written questions (2)
Unpaid internships at the Commission PDF (194 KB) DOC (17 KB)
Cyber security in the EU institutions PDF (5 KB) DOC (17 KB)
Amendments (876)
Amendment 60 #
2018/2624(RSP)
Paragraph 12
12. Underlines that by opting for the procedure under transfer of Article 7 of the Staff Regulations in the form of reassignment of the newly appointed Deputy Secretary-General with his post to the position of Secretary-General, it was possible to avoid publishing the vacant post of the retiring former Secretary- General; notes that the same procedure was used for the appointments of previous Secretaries-General; stresses, however, that this tradition of non-publication has reached its limits insofar as it does not correspond anymore to modern standards of transparency;
Amendment 61 #
2018/2624(RSP)
Paragraph 12 a (new)
12 a. Notes that the Commission attributes to itself a wide discretion as regards to the procedure to be adopted to assign staff in order to best ensure the interest of the service; notes that the replies given by the Commission show that it acknowledges the possibility of terminating a procedure on the basis of Article 29 of the Staff regulation without follow-up and proceed directly with a transfer based solely on Article 7; is concerned that this wide discretion of the appointing authority runs against the idea of ensuring a fair, rule-based and transparent management of the staff;
Amendment 63 #
2018/2624(RSP)
Paragraph 12 b (new)
12 b. Notes that it is a usual practice of the Commission to appoint staff by using transfers under Article 7; notes that 50,6% of all appointments at Director- General/Deputy Director-General/Hors Classe Adviser level were transfers according to Article 7 of the Staff Regulations; questions whether this wide use of transfers is compatible with rules which should allow the best candidates to be selected in an open, fair and transparent procedure;
Amendment 80 #
2018/2624(RSP)
Paragraph 18
18. StaNotes that the two-steps nomination of the Secretary General constitutewas perceived as a coup-like action which stretched and possibly even overstretched the limits of the law; is concerned that the lack of transparency in this way of proceeding caused significant reputational damage and has infringed the trust of citizens toward the EU institutions;
Amendment 82 #
2018/2624(RSP)
Paragraph 18 a (new)
18 a. Notes the political proximity of the new Secretary General given his activity as campaign manager for the EPP lead candidate for the President of the European Commission; is concerned that his nomination could undermine the political independence of the European Commission as set down in Article 17(3) of the Treaty on the European Union; stresses that the administration of the European Commission as an independent organ should remain free from political influence;
Amendment 88 #
2018/2624(RSP)
Paragraph 18 b (new)
18 b. Is concerned by the fact that the new Secretary General accompanied the President of the Commission to a meeting of the EPP leaders on 23 March 2018; stresses that the Secretary General of the European Commission should exercise his function in full independence of political parties;
Amendment 97 #
2018/2624(RSP)
Paragraph 19 a (new)
19 a. Is of the opinion that conditions for transfers in the interest of the service under Article 7 of the Staff Regulation need to be defined and justified more clearly; believes, in particular, that reassignments with the officials' post where the publication of a vacancy is not needed should only be used in exceptional circumstances; calls on the Commission to review and propose changes to its internal rules for the appointment of staff in this regard;
Amendment 121 #
2018/2624(RSP)
Paragraph 24 a (new)
24 a. Welcomes the proposal made by Commissioner Oettinger during the hearing on 27 March 2018 to organise a round table as soon as possible in the present year with representatives from the EU institutions to review the Staff Regulations; calls on the contributing parties to carefully review the rules for the appointment of officials and to propose changes to the regulations where needed to make sure that appointment procedures are in line with the principles of transparency and equal opportunities;
Amendment 128 #
2018/2624(RSP)
Paragraph 24 b (new)
24 b. Calls on the Commission to reassess the decision of the nomination of present Secretary General after the new rules adopted and in any case when the President of the Commission arrives to the end of his mandate; asks the Commission to take into account the EP opinion on the future decisions on the nomination of the EC Secretary General in order to strengthen transparency, democracy and trust on EU institutions;
Amendment 29 #
2018/2173(DEC)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls for a mediation between the former internal auditor of the Committee and the Committee with the aim to find an amicable settlement in the ongoing dispute in the interest of both parties; points out that such a mediation should also address the bona-fide whistle-blower status of the former internal auditor (as recognised by the Parliament in its resolution of 2004) and the fact that he was acting in the interests of the EU by reporting wrongdoings to the EU institutions;
Amendment 16 #
2018/2171(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the fact that the Court’s ongoing project to reinforce the security of the institution and staff progressed according to plan; notes that the new security control centre, the external accreditation centre and the access control centre for staff and visitors will becomeare now operational next year;
Amendment 26 #
2018/2171(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Regrets that members of the Court canmay be absent from the Court without justification and without having to request leave for one or more days; notes withe absence of specific rules to control of theppreciation the introduction by the Court of an attendance register to record the presence of members’ absences; callt meetings onf the Court to establish procedures for keeping a register of members’ annual leav, its chambers and its committees; notes that the Court publishes a calendar of all such meetings on its webpage;
Amendment 29 #
2018/2171(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that in accordance with Article 285 of the Treaty on the Functioning of the European Union, members of the Court shall be completely independent in the performance of their duties and shall act solely in the Union’s general interest; is concerned by the current self-declaratory nature of compliance with this criteria and urges the Court to develop stronger controls on the external activities of members to ensure that they complete declarations of interests and attest to the absence of conflicts of interest; welcomes the ongoing external peer review of the Court’s ethical framework and asks to be kept informed about the outcome;
Amendment 30 #
2018/2171(DEC)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Regrets that the information currently requested in mission orders iwas insufficient and doesid not allow the Court to assess whether the activity planned by members of the Court faells within the area of interest of the Court; calls on the Court to increase the amount of information required accordingly in order to prevent possible abuses; notes that following the revision of the rules on Members‘ official mission by the Court1a, the Court publishes on a quarterly basis information on Members‘ mission; _________________ 1a Decision No 61-2017 of 14 December 2017 on the mission expenses of the Members of the Court
Amendment 33 #
2018/2171(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Observes with interest, however, that the Court has, since SeptemOctober 20176, begun reinforcing internal controls and financial procedures in relation to travel expenses and the management of official vehicles, and that the Secretary General is now the authorising officer by delegation for expenditure related to missions of members of the Court; by adopting new rules for the use of cars and drivers that are now managed by a central team1a, new rules for mission expenditure2a and new rules for representation costs of members of the Court3a with the Secretary General as authorising officer by delegation for expenditure related to missions of members of the Court4a and by using the same system that manages the missions of any other staff of the institution; _________________ 1a Minutes for the 218th meeting of the Administrative Committee held on Thursday 6 October 2016, point 7 2a Decision No 61-2017 of 14 December 2017 on the mission expenses of the Members of the Court 3a Decision No 60-2017 of 14 December on the rules for the management of Members’ representation expenses 4a Decision No 58-2017 of 14 December 2017 of the European Court of Auditors laying down the internal rules for the implementation of the budget; Decision 59-2017 of 14 December 2017 of the Court of Auditors concerning the charter of tasks and responsibilities of the authorising officer by delegation and authorising officers by subdelegation
Amendment 35 #
2018/2171(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges the CourtTakes note of the Court’s decision, in relation to the period 20112-20178, to complete a comprehensive internal audit of mission expenses by members of the Court in order to identify potential irregularities and to recover the amounts affected by such irregularities; asks to be informed about the results promptly when the audit is concluded and calls on the Court to swiftly take all measures necessary to address potential weaknesses identified in this process;
Amendment 37 #
2018/2171(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the recommended criteria for appointment of members to the Court by Member States and the Council as endorsed by Parliament in Parliament’s resolution of 4 February 2014; underlines that high standards of integrity and morality were an important criterion and that candidates should not hold any elected office or have any responsibilities in relation to a political party as of the date of their appointment; is of the opinion that the selection procedure should be further adapted to ensure that candidates hold the relevant qualifications and fulfil the relevant conditions; suggests that the pre- selection procedure for judges at the European Court of Justice could serve as a model for an independent pre-selection procedure for members at the Court of Auditors;
Amendment 15 #
2018/2169(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the total number of cases brought before the CJEU in 2017 (1656 cases) was higher than in 2016 (1604 cases) and that the number of cases completed in 2017 remained at a high level (1594 cases as compared to 1628 cases in 2016); notes that the average duration of proceedings indecreased from 156,7 months in 2016 to 16,3 months in 2017); welcomes the efficiency improvements which led to an increase of the annual number of completed cases by 29,6% over the period 2010-2017, while the number of new cases steadily increased;
Amendment 3 #
2018/2152(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the judgement of the Court of Justice of the European Union in Case C-42/171a, criminal proceedings against M.A.S. and M.B., _________________ 1a Judgement of the Court of Justice (Grand Chamber) of 5 December 2017, Criminal proceedings against M.A.S. and M.B., 42/17, ECLI:EU:C:2017:936
Amendment 4 #
2018/2152(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the Commission's communication entitled ‘Fighting Corruption in the EU’ (COM(2011)308),
Amendment 5 #
2018/2152(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC,
Amendment 6 #
2018/2152(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- having regard to the Commission's EU Anti-corruption Report (COM(2014)0038),
Amendment 7 #
2018/2152(INI)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
- having regard to the European Parliament’s report on ‘Recovery of money and assets from third-countries in fraud cases’(A8-0298/2018),
Amendment 10 #
2018/2152(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Resolution of the European Parliament of 26 September 2018 on ‘Fighting Customs Fraud and Protection EU Own Resources’ (2018/2747(RSP),
Amendment 11 #
2018/2152(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
- having regard to the European Court of Auditors’ special report No 26/2018 of 10 October 2018 entitled ‘A series of delays in Customs IT systems: what went wrong?’,
Amendment 17 #
2018/2152(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas Article 325(3) TFEU states that ‘Member States shall coordinate their action aimed at protecting the financial interests of the Union against fraud’ and that ‘they shall organise, together with the Commission, close and regular cooperation between the competent authorities’;
Amendment 19 #
2018/2152(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas VAT is an important revenue source for national budget and that VAT-based own resources constituted 12,1% of the total revenue of the EU budget in 2017;
Amendment 21 #
2018/2152(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the systematic and institutionalised cases of corruption in certain Member States seriously harms the EU’s financial interests while also representing threat to democracy, rule of law and fundamental rights;
Amendment 22 #
2018/2152(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas the 2017 Special Eurobarometer Report on corruption stated that perceptions and attitudes towards corruption at the overall level remained rather stable compared to 2013, which indicates that no concrete results have been demonstrated in terms of gain of trust of EU citizens in their institutions;
Amendment 29 #
2018/2152(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses its concern that according to the Commission’s statistics, the VAT gap in 2016 amounted to EUR 147 billion, which represents more than 12 % of the total expected VAT revenue1a and that the Commission estimates that intra- Community VAT fraud cases cost the Union around EUR 50 billion annually;
Amendment 30 #
2018/2152(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the Commission’s VAT action plan of 6 April 2016 to reform the VAT framework and the 13 legislative proposals adopted by the Commission since December 2016 that address the shift towards the definitive VAT regime, remove VAT obstacles to e-commerce, review the VAT regime for SMEs, modernise the VAT rates policy and the VAT tax gap; notes that the ‘definitive system’ proposal could eradicate missing trader intra-community (MTIC) fraud, but would not enter into application before 2022; calls on the Member States to quickly implement the reform of the VAT system and take more immediate actions to control the damage in the meantime, such as in the framework of Eurofisc, OLAF, EUROPOL and the future EPPO;
Amendment 31 #
2018/2152(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the M.A.S. judgment of the Court of Justice of the European Union which requires Member States to ensure that effective and deterrent criminal penalties are adopted in cases of serious fraud affecting the EU’s financial interests in relation to VAT in accordance with their obligations under Article 325 (1) and (2) TFEU;
Amendment 32 #
2018/2152(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Regrets that undervaluation of goods still represents a serious harm for the EU's financial interests; welcomes in this regard the pre-infringement procedure against the United Kingdom launched by the Commission in May 2018 because of the outstanding amount of undervaluation fraud affecting traditional and VAT own resources revenue;
Amendment 33 #
2018/2152(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Hopes that the currently ongoingWelcomes the amendment of Council Regulation (EU) No 904/20108 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax, adopted on 2 October 2018 and hopes that stronger cooperation will efficiently address key aspects of cross- border fraud within the single market, such as missing trader intra-community fraud;
Amendment 35 #
2018/2152(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the adoption of the Protection of Financial Interests (PIF) Directive1a which clarifies the issues of cross-border cooperation and mutual legal assistance between Member States, Eurojust, the European Public Prosecutor’s Office (EPPO) and the Commission in tackling VAT fraud;
Amendment 36 #
2018/2152(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that the Court of Justice has confirmed on several occasions that VAT is a financial interest of the Union, as most recently in the Taricco case (C- 105/14); notes however that OLAF very rarely carries out investigations into irregularities concerning VAT due to a lack of instruments; calls on Member States to endorse the Commission’s proposal to provide new to OLAF to deal with VAT cases such as access to Eurofisc, VIES or bank account information;
Amendment 37 #
2018/2152(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Regrets that an investigation by OLAF on customs fraud in the UK concluded in 2017 revealed substantial VAT evasion in connection with imports through the UK through abuse of the suspension of VAT payment, the so-called customs procedures 42; recalls that these losses are cumulatively estimated to be in the range of EUR 3,2 billion for the period 2013-2016, which also represents a loss for the EU budget; is concerned that the newly adopted amendments to the Regulation (EU) No 904/2010 as regards measures to strengthen administrative cooperation in the field of VAT might not be sufficient to thwart CP42 fraud and calls on the Commission to consider new strategies to track CP42 goods within the EU;
Amendment 39 #
2018/2152(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that a combination of different detecting methods (release controls, post-release controls, inspections by anti-fraud services and others) is most efficient for detecting fraud and that the efficiency of each method depends on the Member State concerned, the efficient coordination of its administration and the ability of the Member States’ relevant services to communicate with each other;
Amendment 42 #
Amendment 48 #
2018/2152(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Welcomes the targeted proposal of the Commission for a revision of Regulation No 833/2013 primarily driven by the establishment of the EPPO; stresses that the future cooperation between OLAF and the EPPO should be based on close cooperation, efficient exchange of information and complementarity while avoiding duplications or conflicted competencies;
Amendment 52 #
2018/2152(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Underlines the importance to ensure that OLAF remains a strong and fully-functioning partner to the EPPO, especially since OLAF will be the only body protecting the EU’s financial interests in Member States not willing to join the EPPO;
Amendment 68 #
2018/2152(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Welcomes the guidance prepared by the Advisory Committee for Coordination of Fraud Prevention (COCOLAF) on red flags and best practices in public procurement and irregularity reporting;
Amendment 70 #
2018/2152(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Regrets that the implementation of the new IT systems for the Customs Union suffered a series of delays so that some of the key systems will not be available at the 2020 deadlines set in the Union Customs Code1a;underlines that the swift transition to a paperless customs environment is key to ensure that customs administrations work as if they were one entity; calls on the Commission and the Member States to contribute to the completion and financial sustainability of EU customs information systems;
Amendment 71 #
2018/2152(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Welcomes the 11 joint customs operations of OLAF that successfully targeted various threats such as revenue fraud, illicit cash movements, counterfeit products, cigarette smuggling and narcotics; welcomes in addition the detection of irregularities following Mutual Assistance notices issued by OLAF especially frauds involving solar panels;
Amendment 72 #
2018/2152(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Underlines that harmonised and standardised customs controls at all points of entry are necessary because an imbalance in the performance of customs controls by Member States impedes the effective functioning of the customs union;
Amendment 77 #
2018/2152(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Supports the Hercule III programme, which is a good example of the ‘best use of every euro’ approach; expectshopes that its post-2020 successor towill be even more efficient;
Amendment 82 #
2018/2152(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Welcomes the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law (COM(2018)0218); hopes that it will significantly improve the safety of whistleblowers in the Union and the relative proportion of detections coming from whistleblowers, leading to major improvement of the EU’s financial protection and the rule of law;
Amendment 100 #
2018/2152(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Notes that, thus farwith concern that, OLAF’s judicial recommendations have seen only limited implementation in the Member States; takes the view that such a situation is intolerable and calls on the Commission to urge the Member States to ensure full implementation of OLAF’s recommendations in the Member States;
Amendment 50 #
2018/2121(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that Parliament has made a substantial contribution to the fight against financial crimes, tax evasion and tax avoidance as uncovered in the LuxLeaks, Panama Papers and, Paradise Papers, Football Leaks, Bahamas Leaks, and CumEx cases, notably with the work of the TAXE, TAX2 and TAX3 Special Committees, the PANA inquiry committee and the ECON committee;
Amendment 61 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deplores the fact that some EU Member States confiscate the tax base of other Member States by attracting profits generated elsewhere, thereby allowing companies to artificially lower their tax base; upholds that this practice not only harms the principle of EU solidarity, but also produces a wealth redistribution towards multinationals and their shareholders, at the expense of EU citizens; supports the important work by academics and journalists who help to shed light on these practices;
Amendment 89 #
2018/2121(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that close to 40 % of MNEs’ profits are shifted to tax havens globally each year25 ; _________________with some European Union countries appearing to be the prime losers of profit shifting, because 35% of shifted profits come from EU countries, followed by developing countries (30%)1a; deplores that Ireland is the number one shifting destination, followed by Singapore, the Netherlands, Caribbean tax havens and Switzerland1b; deplores furthermore that about 80% of the profits shifted within the EU are shifted to the EU tax havens, primarily Ireland, Luxembourg and the Netherlands1c; [3] _________________ 1a Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1b Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1c Tørsløv, Wier and Zucman ‘Themissing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 25 Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018.
Amendment 133 #
2018/2121(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that the payment of taxes is both an essential corporate contribution to society and a tool for good governance and is therefore a requirement for responsible business practices; stresses the need to include harmful tax practices in the scope of mandatory reporting on corporate social responsibility (CSR);
Amendment 142 #
2018/2121(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call on companies, as taxpayers, to fully comply with their tax obligations and refrain from aggressive tax planning leading to BEPS, and to consider fair taxation strategy as an important part of their corporate social responsibility and of their implementation of the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises;
Amendment 148 #
2018/2121(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges furthermore the Member States taking part in the enhanced cooperation procedure to agree as quickly as possible on the adoption of a Financial Transaction Tax (FTT);
Amendment 155 #
2018/2121(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that taxes must be paid in the jurisdictions where the actual substantive and genuine economic activity and value creation takes place or, in case of indirect taxation, where consumption takes place; highlights that this can only be achieved by adopting the common Consolidated Corporate Tax Base (CCCTB); advocates for the inclusion of fair allocation of taxing rights on the agenda of current international tax negotiations, notably at OECD and UN levels;
Amendment 170 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that between 1985 and 2018, the global average statutory corporate tax rate has fallen from 49% to 24%1a ; notes that nominal corporate tax rates have decreased by 46% since 2000 at EU level –from an average of 32% in 2000 to 21,9% in 20181b; is concerned about a growing race to the bottom on nominal corporate tax rates at both international and EU levels; regrets that international tax reform such as G20/OECD led BEPS project did not touch upon this unfair tax competition; calls for a second set of international tax reforms aiming at tackling tax competition among countries and ensuring a fair allocation of taxing rights; underlines it is necessary to give a greater role to the UN Committee of Experts on International Cooperation in Tax Matters in the next reform of international tax rules; _________________ 1a Tørsløv, Wier and Zucman ‘Themissing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1b Taxation trend in the EU, Table 3:Top statutory corporate income tax rates (including surcharges), 1995- 2018,European Commission 2018
Amendment 177 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Affirms that a fair and effective solution to tax dumping and aggressive tax competition would reside in the setting of a minimum corporate tax rate; calls for the adoption of a coordinated level of minimum effective taxation at European level through a combination of anti-abuse measures and limitation to tax deductions; asks the European Commission to consider proposing a legislative package aiming at ensuring a minimum effective level of taxation;
Amendment 179 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16 d. Takes note that traditional sectors pay in average an effective corporate tax rate of 23% while the digital sector pays about 9,5%1a; asks the European Commission to carry out and release an in depth study on effective level of corporate taxation within the EU and develop a proposal fora coordinated level of minimum taxation within the EU; _________________ 1a COM(2018) 146 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEANPARLIAMENT AND THE COUNCIL Time to establish a modern, fair and efficient taxation standard for the digital economy
Amendment 198 #
2018/2121(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the G20/OECD 15-point BEPS action plan is being implemented and monitored and further discussions are taking place, in a broader context than just the initial participating countries, through the Inclusive Framework; calls on Member States to support a reform of both the mandate and the functioning of the Inclusive Framework to ensure that remaining tax loopholes and unsolved tax questions such as the allocation of taxing rights among countries are covered by the current international framework to combat BEPS practices; highlights the need to ensure that all countries participate on an equal footing;
Amendment 214 #
2018/2121(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the provisions on Controlled Foreign Corporation (CFC) included in ATAD I to ensure that profits made by related companies parked in low or no-tax countries are effectively taxed; acknowledges that they prevent the absence or diversity of national CFC rules within the Union from distorting the functioning of the internal market beyond situations of wholly artificial arrangements as called for repeatedly by Parliament; deplores the coexistence of two approaches to implement CFC rules in ATAD I and calls on Member States to implement only the simpler and most efficient CFC rules as in ATAD I Article 7(2)(a); asks the European Commission to make a legislative proposal reinforcing CFC rules, including a criteria on an actual corporate tax paid on profits lower than 18%;
Amendment 218 #
2018/2121(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the general anti-abuse rule for the purposes of calculating corporate tax liability included in ATAD I, allowing Member States to ignore arrangements that are not genuine and having regard to all relevant facts and circumstances aimed at obtaining a tax advantage; reiterates its repeated call for the adoption of a general and common anti- abuse rule, namely in existing legislation and in particular in the parent-subsidiary directive, the merger directive and the interest and royalties directive; calls on Member States to consider a general anti- abuse rule including a minimum effective tax rate of 18%;
Amendment 252 #
2018/2121(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact that Member States’ tax systems and overall tax environment have become part of the European Semester in line with Parliament’s call to that effect29 ; welcomes the studies and data drawn up by the Commission30 that allow situations that provide economic ATP indicators to be better addressed, and give a clear indication of the exposure to tax planning as well as furnishing a rich data base for all Member States on the phenomenon; calls for these new tax indicators for the European Semester to be given the same rank as the indicators relating to expenditure control; underlines the interest of providing the European Semester with this tax dimension, as it will make it possible to tackle certain harmful tax practices that had not been tackled until now through the ATAD Directive and other existing European regulations; _________________ 29 European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect, OJ C 366, 27.10.2017, p. 51, paragraph 96. 30 Referred to above. The studies provide an overview of Member States’ exposure to ATP structures affecting their tax base (erosion or increase), although there is no stand-alone indicator of the phenomenon, a set of indicators seen as a ‘body of evidence’ nevertheless exists.
Amendment 263 #
2018/2121(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to issue a proposal aimed at repealing patent boxes, and calls on Member States to favour non- harmful and, if appropriate, direct support for R&D; stresses that tax reliefs for companies need to be carefully constructed and implemented only where their positive impact on jobs and growth is evident and any risk of creating new loopholes in the taxation system is excluded; reiterates, in the meantime, its call to ensure that current patent boxes establish a genuine link to economic activity, such as expenditure tests, and that they do not distort competition; welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal; however continues to express its concern about new deductions for R&D expenditure included in the CCTB proposal and which could create opportunities for artificially reducing the tax base;
Amendment 271 #
2018/2121(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Council, assisted by the European Commission, to define a comprehensive and exhaustive list of potential harmful tax practices within the EU, to be updated every year; demands that criteria aiming at identifying harmful tax practices include, notably, schemes allowing for a large deduction of corporate income tax without benefiting the real local economy;
Amendment 284 #
2018/2121(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the re-launch of the CCCTB project in a two-step approach, with the Commission’s adoption of interconnected proposals on CCTB and CCCTB; calls on the Council to swiftly adopt them,stresses that once implemented fully, the CCCTB will make it possible to attribute income to where the value is created and will eliminate loopholes between national tax systems, in particular transfer pricing; calls on the Council to swiftly adopt and implement the two proposals side by side taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
Amendment 290 #
2018/2121(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Recalls that to end the practice of profit shifting and to introduce the principle that tax is paid where profit is generated, the CCTB and CCCTB should be introduced simultaneously in all Member States; calls on the Commission to issue a new proposal based on Article 116 of the Treaty on the Functioning of the European Union, whereby the European Parliament and the Council act in accordance with the ordinary legislative procedure to issue the necessary legislation, should the Council fail to adopt a unanimous decision on the proposal to establish a CCCTB;
Amendment 300 #
2018/2121(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that the phenomenon of digitalisation has created a new situation in the market, whereby digital and digitalised companies are able to take advantage of local markets without having a physical, and therefore taxable, presence in that market, creating a non-level playing field and putting traditional companies at a disadvantage; notes that digital businesses models in the EU face a lower effective average tax burden than traditional business models31 ; deplores that digital businesses pay almost no taxes in some Member States despite their significant digital presence and large revenues in those Member States; reminds that, when it comes to the digitalisation of the whole economy, the location of the value creation should take into account the input from users as well as information collected on consumers' behaviour online; _________________ 31 As evidenced in the impact assessment of 21 March 2018 accompanying the digital tax package (SWD(2018)0081), according to which on average, digitalised businesses face an effective tax rate of only 9.5 %, compared to 23.2 % for traditional business models.
Amendment 334 #
2018/2121(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Notes that, across the political spectrum, and across Europe, there is an overwhelming support for a digital tax; recalls that surveys show that 80% of citizens from Germany, France, Austria, the Netherlands, Sweden and Denmark are supportive of a Digital Service Tax (DST) and that 80% of the citizens think that the EU should not wait for international efforts before it undertakes such a step; underlines furthermore that a majority of the surveyed citizens want a broad scope for a digital service tax, which includes services providing digital content and e-commerce1a; _________________ 1a KiesKompas, Public Perception towards taxing digital companies in six countries https://policies.kieskompas.nl/digital-tax- report.pdf,December 2018
Amendment 339 #
2018/2121(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls on Member States to ensure that the ‘Digital Services Tax’ remains a temporary measure by including a ‘sunset clause’ to the proposal for a Council Directive on the common system of a digital services tax on revenues resulting from the provision of certain digital services and by speeding up the discussion on a Significant Digital Presence1a ; _________________ 1a Proposal for a Council Directive laying down rules relating to the corporate taxation of a significant digital presence COM(2018) 147 final
Amendment 376 #
2018/2121(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Notes the magnitude of the CumEx scandal, which according to some estimates, has taken EUR 55 billion from public coffers in the EU; observes that the "CumEx files" reveal a lack of cooperation between Member States' tax authorities and failures of the current system of exchange of information as some Member States were reportedly aware of these fraudulent tax practices but waited several years to inform other Member States; calls for a regulation of dividend arbitrage practices, preventing "CumEx" and "CumCum" schemes in the future, by putting the burden of proof of ownership of the dividends on the foreign beneficiary; calls on the European legislators to evaluate the possibility of implementing this measure at EU level;
Amendment 395 #
2018/2121(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. SRecalls that public CBCR is one of the key measures to find greater transparency on tax information of companies for all citizens; stresses that the proposal for public CBCR was submitted to the co-legislators just after the Panama papers scandal on 12 April 2016, and that Parliament adopted its position on it on 4 July 2017; recalls that this public nature is essential for civil society, investigative journalists, investors and other stakeholders, in particular, to whom the information is useful to assess potential risks and liabilities; recalls that the latter called for an enlargement of the scope of reporting and protection of commercially sensitive information; deplores the lack of progress and cooperation from the Council since 2016; urges for progress to be made in the Council so that it enters into negotiations with Parliament;
Amendment 407 #
2018/2121(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls on the Commission and the Council to create a mandatory standardised public European Business Register in order to gain up-to-date and trustworthy information on companies and to achieve transparency via cross- border access to comparable and reliable information of companies in the EU;
Amendment 444 #
2018/2121(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Notes that there is no single definition of letterbox companieHighlights that companies create cross-border operations and corporate constructions including artificial arrangements in order to avoid or circumvent national tax law; stresses that company mobility should not lead to forum shopping; notes that there is no single definition of letterbox companies; reiterates its call for a clear definition; stresses that the requirement of genuine economic activity in the destination Member States can prevent the creation of a letterbox company through a cross- border operation, as proposed in the draft report for the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions;
Amendment 519 #
2018/2121(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Welcomes that a VAT Mini One Stop Shop (MOSS) on telecommunications, broadcasting and electronic services was introduced in 2015 as a voluntary system for registration, declaration and payment of VAT; welcomes the extension of the MOSS to other supplies of goods and services to final consumers as of 1 January 2021;
Amendment 549 #
2018/2121(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and Eurofisc to rapidly conclude their investigations on the Isle of Man’s VAT collection practices on privateWelcomes the infringement procedures opened by the Commission on 8 November 2018 against Italy and the Isle of Man to ensure that they put an end on illegal tax breaks for yachts and aircraft, as revealed by the Paradise pPapers; and, if necessary, to open infringement procedures;
Amendment 552 #
2018/2121(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. WNotes that the Commission has recently proposed additional control tools and an enhanced role for Eurofisc as well as mechanisms for closer cooperation between customs and tax administrations and greater involvement of the European Public Prosecutor's Office; welcomes the adoption of the Protection of Financial Interests (PIF) Directive53 which clarifies the issues of cross-border cooperation and mutual legal assistance between Member States, Eurojust, the European Public Prosecutor’s Office (EPPO), the European Anti-Fraud Office (OLAF) and the Commission in tackling VAT fraud; _________________ 53 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law, OJ L 198, 28.7.2017, p. 29, in particular Articles 3 and 15 thereof.
Amendment 555 #
2018/2121(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Points, however, to the need for better cooperation between the administrative, judicial and law- enforcement authorities within the EU, as highlighted by experts during the hearing held on 28 June 2018 and in a study commissioned by the TAX3 Committee; calls on the EPPO, OLAF, Eurofisc, Europol and Eurojust to closely cooperate with a view to coordinating their efforts against VAT fraud and to identifying and adapting to new fraudulent practices;
Amendment 567 #
2018/2121(INI)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78a. Calls on Member States to mandate Eurofisc to develop new strategies to track goods under Customs procedure 42, the mechanism which allows the importer to obtain a VAT exemption when the imported goods are intended to be eventually transported to a business customer in another Member State than the Member State of importation;
Amendment 581 #
2018/2121(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Emphasises that natural persons do not generally exercise their freedom of movement for the purposes of tax fraud, tax evasion and aggressive tax planning; underlines, however, that some natural persons have a tax base large enough to span several tax jurisdictions; stresses that tax evasion is highly concentrated among the rich, with the 0.01% richest households evading about 25% of their taxes1a; _________________ 1a Alstadsæter, Johannesen & Zucman: Tax Evasion and Inequality; October 2018
Amendment 635 #
2018/2121(INI)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87a. Alerts for the dangers of CBI and RBI schemes allowing associated family reunification, whereby family members of CBI/RBI beneficiaries can acquire residence or citizenship with minimum or no checks;
Amendment 708 #
2018/2121(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Calls on the Commission to table a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including tax and customs authorities, on beneficial ownership and relevant transactions for taxation purposes taking place in free ports, customs warehouses or SEZs;
Amendment 711 #
Amendment 747 #
2018/2121(INI)
Motion for a resolution
Paragraph 110 a (new)
Paragraph 110 a (new)
110 a. Welcomes the Action Plan adopted by the Council on the 4th of December 2018, including several non-legislative measures to better tackle money laundering and terrorist financing in the EU; requests the Commission to regularly update the Parliament on the progress of the implementation of the Action Plan;
Amendment 751 #
2018/2121(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Stresses the continued use of cash in cases of money laundering; highlights the new Regulation on controls on cash entering or leaving the Union, which harmonises and expands controls on large sums of cash and highly liquid stores of value; regrets that while rules on the EU external borders are harmonised, rules among Member States concerning cash movements within EU borders vary;
Amendment 754 #
2018/2121(INI)
Motion for a resolution
Paragraph 111 b (new)
Paragraph 111 b (new)
111 b. Notes that high-denomination euro notes provide a way to move large amounts of cash and thus potentially evade AML controls; welcomes that the ECB announced in 2016 it would no longer issue new €500 notes (even though the outstanding stock remains legal tender); calls on the ECB to extend this action to the €200 notes and for determining the phasing out of the ability to use of both €500 and €200 notes;
Amendment 759 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112 a. Notes the positive results of the UK law establishing the Unexplained Wealth Order (UWO) in tracking proceeds of criminal activities; highlights that a UWO is a court order that requires a person who is reasonably suspected of involvement in, or of being connected to a person involved in, serious crime to explain the nature and extent of their interest in particular property, and to explain how the property was obtained, where there are reasonable grounds to suspect that the respondent’s known lawfully obtained income would be insufficient to allow the respondent to obtain the property; calls on the Commission to assess the feasibility of proposing a similar measure through EU legislation and report back to Parliament;
Amendment 762 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 b (new)
Paragraph 112 b (new)
112 b. Welcomes the decision in some Member States to ban the issuing of bearer shares and to convert the current ones into nominal securities; reiterates its call on the Commission to propose EU- wide legislation to the same effect;
Amendment 763 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 c (new)
Paragraph 112 c (new)
112 c. Stresses the urgent need to create a more efficient system for communication and information exchange among judicial authorities within the EU, replacing the traditional instruments of mutual legal assistance in criminal matters, which provide lengthy and burdensome procedures harming investigations of money laundering and other serious crimes; reiterates its call on the Commission to assess the need for legislative action in this field;
Amendment 764 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 d (new)
Paragraph 112 d (new)
112 d. Calls on the Commission to assess and report to Parliament about the role and particular risks presented by legal arrangements such as Special Purpose Vehicles (SPVs), Special Purpose Entities (SPEs) and Non Charitable Purpose Trusts (NCPTs) in money laundering, particularly in the UK, and Crown Dependencies and Overseas territories;
Amendment 765 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 e (new)
Paragraph 112 e (new)
112 e. Urges Member States to fully comply with AML legislation when issuing sovereign bonds on the financial markets; recalls that money laundering and financing of terrorism takes many forms and that due diligence in such financial operations is strictly necessary;
Amendment 806 #
2018/2121(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Notes that the recent scandals affecting banks in Malta, Latvia, Estonia, the Netherlands, Germany and Denmark reveal the failure of supervision by national anti-money laundering authorities; highlights, at the same time, that ESAs have limited abilities to take a more substantial role in the anti-money laundering field due to tight resources coupled with a lack of appropriate powers;
Amendment 808 #
2018/2121(INI)
Motion for a resolution
Paragraph 122
Paragraph 122
122. Calls for an assessment of long- term objectives leading to an enhanced AML/CFT framework as mentioned in the ‘Reflection Paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’, such as the establishment at EU level of a mechanism to better coordinate the activities of AML/CFT supervisors of financial sector entities, notably in situations where AML/CFT concerns are likely to have cross-border effects, and a possible centralisation of AML supervision via an existing or new Union body empowered to enforce harmonised rul; calls therefore for a European Anti-money Laundering Authority with adequate supervision, investigation and enforcement powers of both financial and non-financial obliged entities aund practiceser the AMLD;
Amendment 825 #
2018/2121(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Notes the concerns expressed by the EBA with regards to the implementation of the Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms1a; welcomes the suggestions made by the EBA to tackle the deficiencies caused by the current Union legal framework; _________________ 1a https://www.eba.europa.eu/documents/101 80/2101654/Letter+to+Tiina+Astola+on+t he+request+to+investigate+a+possible+B UL+under+Article+17+of+Regulation+% 28EU%29%20No+10932010+- +24092018.pdf
Amendment 827 #
2018/2121(INI)
Motion for a resolution
Subheading 5.2
Subheading 5.2
Cooperation between financial intelligence units (FIUs) and law enforcement
Amendment 833 #
2018/2121(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Highlights that the fight against money laundering and tax evasion also requires good cooperation between FIUs and customs authorities;
Amendment 858 #
2018/2121(INI)
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Notes the Commission’s assessment of the framework for FIUs’ cooperation with third countries and obstacles and opportunities to enhance cooperation between FIUs in the Union including the possibility of establishing an EU level coordination and support mechanism; recalls that according to the AMLD5 this assessment should be ready by 1 June 2019; asks the Commission to consider this opportunity to make a legislative proposal for a EU Financial Intelligence Unit, creating a hub for joint investigative work and coordination, with its own remit of autonomy and investigatory competences on cross border financial criminality, and an early warning mechanism;
Amendment 863 #
2018/2121(INI)
Motion for a resolution
Paragraph 129 b (new)
Paragraph 129 b (new)
129 b. Calls on the Commission to draw up a report assessing the necessity of uniformisation or harmonisation of the organisational status conferred to FIUs in Member States, to ensure better cooperation and exchange of information, without interfering with their independence;
Amendment 864 #
2018/2121(INI)
129 c. Calls on the Commission to propose legislation for the creation of a European Financial Police within the framework of Europol, with its own autonomous investigatory competence, based on the European legal framework to tackle cross-border tax fraud, money laundering, financing of terrorism and predicate offences;
Amendment 870 #
2018/2121(INI)
Motion for a resolution
Paragraph 131 a (new)
Paragraph 131 a (new)
131 a. Takes note of the repeated calls from obliged entities, namely financial institutions, for proper channels of enhanced dialogue, communication and exchange of information between private bodies and public authorities, on one hand, and among obliged entities themselves, on the other, to provide less fragmented information to FIUs; calls on the Commission to draw up guidelines in accordance with the AMLD5, for Member States to implement at national level in this regard, namely using the mechanisms provided in the General Data Protection Regulation for secure and lawful exchange of data;
Amendment 881 #
2018/2121(INI)
Motion for a resolution
Paragraph 133 a (new)
Paragraph 133 a (new)
133 a. Calls on Member States to ensure that registers of beneficial owners contain verification mechanisms to ensure the accuracy of the data; calls on the Commission to make assessment of verification mechanisms and reliability of the data in its reviews;
Amendment 890 #
2018/2121(INI)
Motion for a resolution
Paragraph 136
Paragraph 136
136. Underscores the problem of money laundering through investment in real estate in European cities through foreign shell companies; recalls that the Commission should assess the necessity and proportionality of harmonising the information in the land and real estate registers and assess the need for the interconnection of those registers; takes the view that Member States should have in place publicly accessible information on ultimate beneficial ownership of land and real estate; calls on the Commission, if appropriate, to accompany the report with a legislative proposal;
Amendment 916 #
2018/2121(INI)
Motion for a resolution
Paragraph 140
Paragraph 140
140. Takes note of the expert-level work on electronic identification and remote KYC processes, which explores issues such as the possibility of financial institutions using electronic identification (e-ID) and of KYC portability to identify customers digitally; points out the advantages of having a European system of e-ID;
Amendment 920 #
2018/2121(INI)
Motion for a resolution
Paragraph 140 a (new)
Paragraph 140 a (new)
140 a. Urges the Commission to lead on creating a global framework regulating virtual currencies which takes into consideration the risks of these new technologies; recalls the dangers posed to consumers by Initial Coin Offerings (ICO’s) and urges the Commission to enact a proposal for their regulation as financial operations; notes in particular that cryptocurrencies' opacity can be used to facilitate money laundering and tax evasion; calls on the Commission to draft legislative proposals to ban certain anonymity measures on specific cryptocurrencies, on a case-by-case basis;
Amendment 982 #
2018/2121(INI)
Motion for a resolution
Paragraph 153
Paragraph 153
153. Welcomes the recent clarifications from the CoC Group on fair taxation criteria, especially regarding the lack of economic substance for jurisdictions having no corporate income tax rate or a rate close to 0 %; calls on the Member States to work towards the gradual improvement of the EU listing criteria to cover all harmful tax practices79 by determining a minimum level of effective taxation and by reviewing all potential harmful practices granting large tax exemptions or deductions which are disconnected from the domestic economy; regrets that the same criteria used to include the jurisdictions of third countries on the European list do not apply internally to Member States and that the EU consequently loses credibility to call on other countries to comply with standards of tax good governance; _________________ 79 Work on fair taxation criteria 2.1 and 2.2 of Council conclusions 14166/16 of 8 November 2016.
Amendment 984 #
2018/2121(INI)
Motion for a resolution
Paragraph 153 a (new)
Paragraph 153 a (new)
153 a. Welcomes the new OECD global standard on substantial activities factor to no or only nominal tax jurisdictions1a, largely inspired by the EU work on the EU listing process (Fair criterion 2.2 of the EU list); calls on EU Member States to push for a more ambitious global standard including a minimum level of effective taxation; _________________ 1a OECD, “Resumption of Application of Substantial Activities Factor to No or only Nominal Tax Jurisdictions Inclusive Framework on BEPS: Action 5”, http://www.oecd.org/tax/beps/resumption- of-application-of-substantial-activities- factors.pdf, 2018
Amendment 997 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 b (new)
Paragraph 154 b (new)
154 b. Welcomes the expected review of the EU list in the first quarter of 2019; asks the Council to release a detailed assessment of commitments from jurisdictions which committed to reform and were listed on Annex II when the first EU list was released on December 5th2017; demands that jurisdictions listed on Annex II thanks to commitments made in 2017 are listed on Annex I if the due reforms have not been implemented by the end of 2018 or the agreed timeline;
Amendment 1000 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 c (new)
Paragraph 154 c (new)
154 c. Notes that developing countries might not possess the resources to implement newly agreed international or European tax standards and /or might have more urgent tax gap issues to tackle to ensure they generate sufficient revenues to provide for essential public services; subsequently calls on the Council to exclude counter measures such as cuts in development aid;
Amendment 1001 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 d (new)
Paragraph 154 d (new)
154 d. Notes that, according to data of the Organisation for Economic Cooperation and Development (OECD) on foreign direct investment, Luxembourg and the Netherlands combined have more inward investment than the US, the vast majority of which is in special-purpose entities with no substantial economic activity, and Ireland has more inward investment than either Germany or France; points out that, according to its National Statistics Office, foreign investment in Malta amounts to 1 474 %of the size of its economy; notes that, according to research carried out by the University of Amsterdam, 23 % of all corporate investments that ended up in tax havens passed through the Netherlands; believes that these data are a clear indication that some Member States are facilitating excessive profit-shifting activities at the expense of other Member States;
Amendment 1002 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 e (new)
Paragraph 154 e (new)
154 e. Recalls that the European Commission has criticised seven member states - Belgium, Cyprus, Hungary, Ireland, Luxembourg, Malta and The Netherlands, for their "aggressive" tax policies, arguing that they have tax policies that undermine the integrity of the European single market;
Amendment 1004 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 f (new)
Paragraph 154 f (new)
154 f. Calls, therefore, on the Commission to regard explicitly at least Luxembourg, the Netherlands, Ireland and Malta as EU tax havens;
Amendment 1005 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 g (new)
Paragraph 154 g (new)
154 g. Notes the current negotiations between the EU and Switzerland towards a Framework Agreement; stresses its view that the EU should renegotiate its trade, economic and other relevant bilateral agreements with Switzerland to bring them into line with EU anti-tax fraud policy and anti-money laundering legislation, so as to eliminate serious flaws in the Swiss supervisory system which enable a policy of internal banking secrecy to continue, as well as the creation of offshore structures worldwide, tax fraud and tax evasion not constituting a criminal offence, weak supervision, the inadequate self-regulation of obliged entities, and aggressive prosecution and harassment of whistle-blowers;
Amendment 1010 #
2018/2121(INI)
Motion for a resolution
Paragraph 156
Paragraph 156
156. Calls on the Member States to adopt a single set of strong countermeasures, including automatic CFC rulwithholding taxes, exclusion from public procurement calls and withdrawal of business licences, for blacklisted jurisdictionsthe intermediaries and companies present in blacklisted tax havens and automatic CFC rules applied to the latter, unless the taxpayers convey genuine economic activities there and are subject to increased audit requirements; invites both tax administrations and taxpayers to cooperate to gather the relevant facts in case the controlled foreign company carries out substantive real economic activity and has substantial economic presence supported by staff, equipment, assets and premises, as evidenced by relevant facts and circumstances;
Amendment 1041 #
2018/2121(INI)
Motion for a resolution
Paragraph 160 a (new)
Paragraph 160 a (new)
160 a. Calls on the Commission and the Member States to push for a second set of international tax reform gathering all countries interested on an equal footing and aiming at tackling the growing corporate tax race to the bottom and the allocation of taxing rights;
Amendment 1045 #
2018/2121(INI)
Motion for a resolution
Paragraph 161
Paragraph 161
161. Believes that supporting developing countries in combating tax evasion and aggressive tax planning, as well as corruption and secrecy that facilitate illicit financial flows, is of the utmost importance for strengthening policy coherence for development in the EU and improving developing countries’ tax capacities and domestic resource mobilisation; stresses the need to increase the share, in terms of aid and development, of financial and technical assistance to the national tax administrations of developing countries;
Amendment 1069 #
2018/2121(INI)
Motion for a resolution
Paragraph 167
Paragraph 167
167. Recalls the need for fair treatment of developing countries when negotiating tax treaties, taking into account their particular situation and ensuring a fair allocation of tax rights according to genuine economic activity and value creation; calls, in this regard, for adherence to the UN model tax convention to be used as a minimum standard and for transparency around treaty negotiations to be ensured;
Amendment 1097 #
2018/2121(INI)
Motion for a resolution
Paragraph 170 b (new)
Paragraph 170 b (new)
170 b. Notes that some tax treaties allow the development of potential harmful tax schemes, such as the ‘SingleMalt’ 1awhich directs profits to countries with which Ireland has a double taxation agreement but that do not have any corporation tax; asks the European Commission to investigate such schemes and assess if they constitute an abuse of tax treaties; _________________ 1a Christian Aid, ‘Impossible’ structures: tax outcomes overlooked by the 2015 tax Spillover analysis, Part Two, 2017 https://www.christianaid.ie/sites/default/fil es/2018-02/impossible-structures-tax- report.pdf
Amendment 1102 #
2018/2121(INI)
Motion for a resolution
Paragraph 171 a (new)
Paragraph 171 a (new)
171 a. Asks Member States to renegotiate their bilateral tax treaties with third countries with the aim of introducing anti-abuse clauses, preventing ‘treaty shopping’ and a race to the bottom among developing countries;
Amendment 1103 #
2018/2121(INI)
Motion for a resolution
Paragraph 171 b (new)
Paragraph 171 b (new)
171 b. Reiterates its call on the European Union and its Member States to ensure that, when negotiating tax and investment treaties with developing countries, income or profits resulting from cross-border activities be taxed in the source country, where value is extracted or created; stresses, in this regard, that the UN Model Tax Convention ensures a fairer distribution of taxing rights between source and residence countries; stresses than when negotiating tax treaties, the European Union and its Member States should comply with the principle of policy coherence for development established in Article 208 TFEU;
Amendment 1115 #
2018/2121(INI)
Motion for a resolution
Paragraph 172 a (new)
Paragraph 172 a (new)
172 a. Calls on Member States to mandate the Commission to propose a European tax treaty template, containing a clause on significant digital presence, an anti-abuse rule and an anti-tax dumping clause including a minimum level of effective taxation set at 18% of profits;
Amendment 1158 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 a (new)
Paragraph 179 a (new)
179 a. Points out that professional secrecy cannot be used for the purposes of protection, the covering up of illegal practices or violating the spirit of the law; urges that the client/attorney privilege principle should not impede adequate STRs or the reporting of other potentially illegal activities without prejudice to the rights guaranteed by the Charter of Fundamental Rights of the European Union and the general principles of criminal law; calls on the Commission to issue guidance on the interpretation and application of the legal privilege principle for professionals and to introduce a clear demarcation line between traditional judicial advice and lawyers acting as financial operators, in line with case-law of European courts;
Amendment 1159 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 b (new)
Paragraph 179 b (new)
179 b. Calls on the Commission to assess the possibilities of blacklisting financial and non-financial intermediaries based in the EU which operate branches in countries blacklisted as non-cooperative jurisdictions or which are listed as high risk third countries by the Commission; Suggests further that intermediaries should be restricted from operating in the single market if convicted of financial crimes or of facilitating tax evasion;
Amendment 1174 #
2018/2121(INI)
Motion for a resolution
Paragraph 181 a (new)
Paragraph 181 a (new)
181 a. Is concerned by the impact of non- disclosure agreements in employment contracts and dismissal agreements, particularly in the financial sector; calls on the Commission to assess the possibility of proposing legislation banning abusive non-disclosure agreements and declared void agreements which limit the employee’s ability and right to report unlawful activity;
Amendment 1224 #
2018/2121(INI)
Motion for a resolution
Paragraph 194 a (new)
Paragraph 194 a (new)
194 a. Notes that no EU Member States were included on the EU list of non- cooperative jurisdictions as EU Member States were not assessed; welcomes the declaration from the Chair of the Code of Conduct Group indicating that Member States could be assessed in the future1a; demands that such assessment is conducted without any further delay; _________________ 1a “The fact of screening the EU Member States with the same criteria is exactly what is under discussion in the context of the revision of the mandate of the Code Group that currently the Austrian Presidency of the Council is taking forward.” Exchange of views with Fabrizia Lapecorella, Chair of the Code of Conduct Group on Business Taxation, European Parliament, http://www.europarl.europa.eu/cmsdata/1 55396/TAX3%20Verbatim%2010%20Oct ober%202018_OR.pdfOct 2018
Amendment 1228 #
2018/2121(INI)
Motion for a resolution
Paragraph 197
Paragraph 197
197. Believes that the mandate of the CoC Group needs to be updated, since it addresses matters beyond the assessment of harmful EU tax practices, which is more than simply providing technical input to the decisions made by the Council; calls, based on the nature of the work undertaken by the Group which is also of a political nature, for such tasks to be brought back under a framework which enables democratic control or supervision, starting by applying transparency; invites Member States to update the mandate of the CoC Group to include a minimum level of effective taxation set at 18% of profits as well as an increased and improved work on harmful tax practices and on the EU listing process;
Amendment 1233 #
2018/2121(INI)
Motion for a resolution
Paragraph 199 a (new)
Paragraph 199 a (new)
199 a. Reiterates its call for the creation of an EU Tax Policy Coherence and Coordination Centre (EUTPCCC) within the structure of the Commission1a,which would ensure effective and expeditious cooperation between Member States’ and facilitate early warning in cases like the Cum Ex scandal; urges Member States to support this call and for the Commission to present a legislative proposal for such a mechanism; _________________ 1a European Parliament resolution of 6 July 2016 on tax rulings and other measures similar in nature or effect (2016/2038(INI))
Amendment 1280 #
2018/2121(INI)
Motion for a resolution
Paragraph 207
Paragraph 207
207. Takes the view that the work of the TAXE, TAX2, PANA and TAX3 committees should be continued, in the forthcoming parliamentary term, in a permanent structure within Parliament such as a subcommittee to the Committee on Economic and Monetary Affairs (ECON), including Members from a diverse range of committees; considers that the Commissioner for Taxation, the Chair of the CoC Group and the Finance minister holding the rotating EU presidency should appear at least twice a year before the heretofore mentioned permanent structure;
Amendment 1 #
2018/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s communication on an EU strategy for mobility of the future; acknowledges its potential for all autonomous private and public means of road, rail, waterborne and air transport, the spill-over effects on many sectors and the new business models enabled by automated driverless mobility, which will bring benefits for companies with a view to making Europe a leader in vehicle technologies; draws attention also to its implications for users, including persons with special needs or disabilities and the visually impaired;
Amendment 18 #
2018/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that clear information about the automated features of a vehicle must be made available to potential consumers before they acquire a vehicle and during its lifetime, and that a level playing field and fair access to, non-discriminatory, direct, real-time, technology-neutral and open access to in-vehicle data and resources for different market players offering repair and maintenance is essential to ensure fair and undistorted competition, especially for independent SMEs, to protect consumer rights, to ensure the service quality for consumers and to promote innovation;
Amendment 19 #
2018/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the European Commission to publish a legislative proposal on access to in-vehicle data and resources by the end of 2018; Emphasises that clear information about the automated features of a vehicle must be made available to potential consumers before they acquire a vehicle and during its lifetime, and that a level playing field and fair access to different market players offering repair and maintenance is essential to ensure fair competition, especially for independent SMEs;
Amendment 23 #
2018/2089(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the importance of users being inhaving control of their personal data collected by connected and automated carsand access to their data, both personal and in-vehicle generated that is produced and collected by connected and automated cars; points out that future in-vehicle systems should be designed in a manner that ensures free consumer choice and allows users to directly select from competing service providers which service provider shall be authorised the direct access and use of the data of their vehicle for a given service; emphasises the importance of the transmission and storage of data between vehicles and connected infrastructure being protected by a minimum set of security measures, including encryption, software updates and strong authentication mechanisms, while respecting data protection legislation and the principle of privacy, providing the highest levels of security by design and by default; stresses that consumers must be offered the maximum level of protection against hacking and cyber attacks;
Amendment 29 #
2018/2089(INI)
5. Affirms that technical standards adapted by different brands must be aligned with global guidelines, be drafted using a technology-neutral approach and ensure interoperability; stresses that the forthcoming UNECE Regulations on Cybersecurity and on Over-the-air software updates become a benchmark for future European legislation;
Amendment 31 #
2018/2089(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges that data recorders and access to the recorder are an essential tool to clarify the actual cause of events leading to damage or incident; welcomes the Commission’s proposal published on 17 May 2018 to regulate data recorders for automated vehicles as part of the revision of the General Safety Regulation and Motor Insurance Directive to further address the issue of liability for automated vehicles in case of accident.
Amendment 37 #
2018/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges all stakeholders, including vehicle manufacturers, component suppliers and software and design services, as well as Members States and authorities involved to cooperate in fostering innovation, in ensuring investment in infrastructure fit for automated mobility, both on highways and on city roads, and in facilitating cross- border testing.
Amendment 38 #
2018/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges all stakeholders, Members States and authorities involved to cooperate in fostering innovation, in ensuring investment in infrastructure fit for automated mobility and in facilitating cross-border testing; calls for investment in extensive research on artificial intelligence and ethics for autonomous and connected transport.
Amendment 133 #
2018/0331(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to cover those online hosting services where terrorist content is disseminated, this Regulation should apply, to the extent that it is possible to identify and remove specific content that is the subject of this Regulation, to information society services which store information provided by a recipient of the service at his or her request and in processing and making the information stored available to third parties, irrespective of whether this activity is of a mere technical, automatic and passive nature. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews. The Regulation should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this Regulation.
Amendment 142 #
2018/0331(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it, following an assessment by the competent authorities, should be harmonised. Member States should remain free as to the choice of the competent authorities allowing them to designate administrative, law enforcement or judicial authorities with that task. Given the speed at which terrorist content is disseminated across online services, this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within onesix hours from receiving the removal order. It is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the Union.
Amendment 152 #
2018/0331(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Given the scale and speed necessary for effectively identifying and removing terrorist content, proportionate proactive measures, including by using automated means in certain cases, are an essential element in tackling terrorist content online. With a view to reducing the accessibility of terrorist content on their services, hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information. Consequently, hosting service providers should determine what justified, appropriate, effective and proportionate proactive measure should be put in place. This requirement should not imply a general monitoring obligation applying in an indiscriminate or unlimited manner. In the context of this assessment, the absence of removal orders and referrals addressed to a hosting provider, is an indication of a low level of exposure to terrorist content.
Amendment 159 #
2018/0331(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Following the request, the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place. If necessary, the competent authority should impose the adoption of appropriate, effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks based on appropriate, sufficient and relevant evidence. A decision to impose such specific proactive measures should not, in principle, lead to the imposition of a general obligation to monitor, as provided in Article 15(1) of Directive 2000/31/EC. Considering the particularly grave risks associated with the dissemination of terrorist content, the decisions adopted by the competent authorities on the basis of this Regulation could derogate from the approach established in Article 15(1) of Directive 2000/31/EC, as regards certain specific, targeted measures, the adoption of which is necessary for overriding public security reasons. Before adopting such decisions, the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved, in particular, the freedom of expression and information and the freedom to conduct a business, and provide appropriate justification.
Amendment 165 #
2018/0331(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information. Hosting service providers should therefore establish user-friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider. Content providers should also have the right to complain directly to the competent authority if they are unable to resolve their complaint with a hosting service provider. The requirement for the hosting service provider to reinstate the content where it has been removed in error, does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds.
Amendment 176 #
2018/0331(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this Regulation, and should also take into account the situation of subsidiaries or linked undertakings where applicable. Member States should adopt rules on penalties, including, where appropriate, fining guidelines. Particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within onesix hours from receipt of a removal order. Non-compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure. In order to ensure legal certainty, the regulation should set out to what extent the relevant obligations can be subject to penalties. Penalties for non- compliance with Article 6 should only be adopted in relation to obligations arising from a request to report pursuant to Article 6(2) or a decision imposing additional proactive measures pursuant to Article 6(4). When determining whether or not financial penalties should be imposed, due account should be taken of the financial resources of the provider. Member States shall ensure that penalties do not encourage the removal of content which is not terrorist content.
Amendment 182 #
2018/0331(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Member States should collect information on the implementation of the legislation, including on policies, terms and conditions and transparency reports of hosting service providers. A detailed programme for monitoring the outputs, results and impacts of this Regulation should be established in order to inform an evaluation of the legislation.
Amendment 192 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to hosting service providers offering services in the Union, irrespective of their place of main establishment, to the extent that it is possible for such providers to identify and remove specific content alleged to fall within the scope of Article 2(5).
Amendment 195 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. The application of this Regulation shall be subject to Union law regarding fundamental rights, freedoms and values as enshrined in particular in Articles 2 and 6 of the Treaty on the European Union.
Amendment 203 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'hosting service provider' means a provider of information society services consisting in the storage or processing of information provided by and at the request of the content provider and in making thesuch information stored available to third parties;
Amendment 247 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority of a Member State shall have the power to issue a decisionremoval order requiring the hosting service provider to remove terrorist content or disable access to it, and shall immediately inform the competent authorities of any other Member States whose interests it considers may be concerned that a removal order has been issued.
Amendment 261 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within onesix hours from receipt of the removal order.
Amendment 282 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The referral shall contain sufficiently detailed information, including the reasons why the content is considered terrorist content, a URL and, where necessary, additional information enabling the identification of the terrorist content referred, including screenshots if obtainable.
Amendment 291 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Hosting service providers shall, where justified and appropriate, take proactive measures to protect their services against the dissemination of terrorist content. The measures shall be effective and proportionate, taking into account the risk and level of exposure to terrorist content, the fundamental rights of the users, and the fundamental importance of the freedom of expression and information in an open and democratic society. Such measures shall be taken in accordance with Article 3(1) and in particular shall not include a system for monitoring or filtering all user content on an indiscriminate and unlimited basis.
Amendment 311 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where no agreement can be reached within the three months from the request pursuant to paragraph 3, the competent authority referred to in Article 17(1)(c) may issue a decision imposing specific additional necessary and proportionate proactive measures. The decision shall be based on appropriate, sufficient and relevant evidence and shall take into account, in particular, the economic capacity of the hosting service provider and the effect of such measures on the fundamental rights of the users and the fundamental importance of the freedom of expression and information. Such a decision shall be sent to the main establishment of the hosting service provider or to the legal representative designated by the service provider. The hosting service provider shall regularly report on the implementation of such measures as specified by the competent authority referred to in Article 17(1)(c).
Amendment 322 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of, and protection of users from, terrorist content, including, where appropriate, a meaningful explanation of the functioning of proactive measures including the use of automated tools.
Amendment 337 #
2018/0331(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where hosting service providers use any automated tools pursuant toor other proactive measures pursuant to, or otherwise in pursuit of the aims of, this Regulation in respect of content that they store, they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content, in particular decisions to remove or disable content considered to be terrorist content, are accurate and well-founded, and do not lead to the removal or disabling of access to content that is not terrorist content.
Amendment 345 #
2018/0331(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Content providers shall have the right to appeal to the competent authority in the event that they are unable to resolve their complaint regarding the removal of content or disabling of access directly with the hosting service provider.
Amendment 47 #
2018/0328(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Competence Centre should be the Union's main instrument to pool investment in cybersecurity research, technology and industrial development and to implement relevant projects and initiatives together with the Cybersecurity Competence Network. It should deliver cybersecurity-related financial support from the Horizon Europe and Digital Europe programmes, as well as from the European Defence Fund for actions and administrative costs related to defence, and should be open to the European Regional Development Fund and other programmes where appropriate. This approach should contribute to creating synergies and coordinating financial support related to cybersecurity research, innovation, technology and industrial development and avoiding duplication.
Amendment 51 #
2018/0328(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Taking into account that the objectives of this initiative can be best achieved if all Member States or as many Member States as possible participacontribute, and as an incentive for Member States to take part, only Member States who contribute financially to the administrative and operational costs of the Competence Centre should hold voting rights.
Amendment 55 #
2018/0328(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Competence Centre should have several key functions. First, the Competence Centre should facilitate and help coordinate the work of the European Cybersecurity Competence Network and nurture the Cybersecurity Competence Community. The Centre should drive the cybersecurity technological agenda and facilitate access to the expertise gathered in the Network and the Cybersecurity Competence Community. Secondly, it should implement relevant parts of Digital Europe and Horizon Europe programmes as well as of the European Defence Fund, by allocating grants, typically following a competitive call for proposals. Thirdly, the Competence Centre should facilitate joint investment by the Union, Member States and/or industry.
Amendment 65 #
2018/0328(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Competence Centre should have an Industrial and Scientific Advisory Board as an advisory body to ensure regular dialogue with the private sector, consumers’ organisations and other relevant stakeholders. The Industrial and Scientific Advisory Board should focus on issues relevant to stakeholders and bring them to the attention of the Competence Centre's Governing Board. The composition of the Industrial and Scientific Advisory Board and the tasks assigned to it, such as being consulted regarding the work plan, should ensure sufficient representation of stakeholders in the work of the Competence Centre. A minimum number of seats should be allocated to each category of industry stakeholders, with particular attention paid to the representation of SMEs.
Amendment 70 #
2018/0328(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Competence Centre shall contribute to the implementation of the cybersecurity part of the Digital Europe Programme established by Regulation No XXX and in particular actions related to Article 6 of Regulation (EU) No XXX [Digital Europe Programme] thereof and, of the Horizon Europe Programme established by Regulation No XXX and in particular Section 2.2.6 of Pillar II of Annex I. of Decision No XXX on establishing the specific programme implementing Horizon Europe – the Framework Programme for Research and Innovation[ref. number of the Specific Programme] and of the European Defence Fund established by Regulation No XXX.
Amendment 89 #
2018/0328(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) Increase European digital autonomy in respect to cybersecurity
Amendment 95 #
2018/0328(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
2. contribute to the implementation of the cybersecurity part of the Digital Europe Programme established by Regulation No XXX26 and in particular actions related to Article 6 of Regulation (EU) No XXX [Digital Europe Programme] and, of the Horizon Europe Programme established by Regulation No XXX27 and in particular Section 2.2.6 of Pillar II of Annex I. of Decision No XXX on establishing the specific programme implementing Horizon Europe – the Framework Programme for Research and Innovation[ref. number of the Specific Programme]., of the European Defence Fund established by Regulation No XXX and of other Union programmes when provided for in legal acts of the Union]; _________________ 26 [add full title and OJ reference] 27 [add full title and OJ reference]
Amendment 155 #
2018/0328(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) cooperating closely with National Standardisation Organisations to ensure the uptake of existing standards and to involve all relevant stakeholders, particularly SMEs, in setting new standards;
Amendment 164 #
2018/0328(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Cybersecurity Competence Community shall consist of industry, including SMEs and associations of SMEs, the European Standardisation Organisations, associations of users, academic and non-profit research organisations, and associations operating at national or at European level, as well as public entities and other entities dealing with operational and technical matters. It shall bring together the main stakeholders with regard to cybersecurity technological and industrial capacities in the Union. It shall involve National Coordination Centres as well as Union institutions and bodies with relevant expertise..
Amendment 175 #
2018/0328(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point 5 a (new)
Article 9 – paragraph 1 – point 5 a (new)
(5 a) encourage Community members that are manufacturers and service providers to certify their products and services under certification schemes adopted under the Cybersecurity Act.
Amendment 203 #
2018/0328(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Industrial and Scientific Advisory Board shall consist of no more than 1625 members. The members shall be appointed by the Governing Board from among the representatives of the entities of the Cybersecurity Competence Community.
Amendment 204 #
2018/0328(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The term of office of members of the Industrial and Scientific Advisory Board shall be threefour years. That term shall be renewable.
Amendment 217 #
2018/0328(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b a (new)
Article 21 – paragraph 1 – point b a (new)
(b a) An amount from the European Defence Fund for actions and administrative costs related to defence.
Amendment 219 #
2018/0328(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Union financial contributionEuropean Defence Fund shall not cover the tasks referred to in Article 4(8)(b)
Amendment 229 #
2018/0328(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The Competence Centre Governing Board shall adopt rules for the prevention and management of conflicts of interest in respect of its members, bodies and staff, including the Executive Director. Those rules shall contain the provisions intended to avoid a conflict of interest in respect of the representatives of the members serving in the Governing Board as well as the Scientific and Industrial Advisory Board in accordance with Regulation XXX [new Financial Regulation].
Amendment 9 #
2018/0258(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Customs Union is a cornerstone of the European Union, which is one of the largest trading blocks in the world, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. In its resolution of 14 March 201817a, the European Parliament expressed particular concern regarding customs fraud, which has created a significant loss of income for the Union's budget. The European Parliament reiterated that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means. __________________ 17a P8_TA(2018)0075 : The next MFF: Preparing the Parliament’s position on the MFF post-2020
Amendment 10 #
2018/0258(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources, as well as to a lack of harmonised and standardised customs controls. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability and proper functioning of modern and reliable customs control equipment. Other challenges, such as the surge of e-commerce, overall digitalisation and potential vulnerabilities as regards cyber attacks, sabotage, manipulation of data or industrial espionage, will also increase demand for better functioning of customs procedures. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points. In view of differences in availability of customs control equipment between the Member States, measures should be taken in particular to ensure that goods are subject to uniform controls upon their entry into the customs territory of the Union in order to avoid “port-shopping” by custom fraudsters.
Amendment 15 #
2018/0258(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The 2 140 customs offices17 that are present over the external borders of the European Union (land, sea, air and postal hubs) need to be properly equipped to ensure the operation of the customs union. The need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting Union’s external borders in order to ensure both safety and security. However, at the same time, those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries.
Amendment 17 #
2018/0258(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Customs Union is a cornerstone of the European Union, which is one of the largest trading blocks in the world, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. In its resolution of 14 March 201817a, the European Parliament expressed particular concern regarding customs fraud, which has created a significant loss of income for the Union's budget. The European Parliament reiterated that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means.
Amendment 18 #
2018/0258(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources as well as to a lack of harmonised and standardised customs controls. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability and proper functioning of modern and reliable customs control equipment. Other challenges, such as the surge of e-commerce, overall digitalisation and potential vulnerabilities as regards cyber attacks, sabotage, manipulation of data or industrial espionage, will also increase demand for better functioning of customs procedures. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points.
Amendment 19 #
2018/0258(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability of modern and reliable customs control equipment. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points. In view of differences in availability of customs control equipment between the Member States, measures should be taken in particular to ensure that goods are subject to uniform controls upon their entry into the customs territory of the Union in order to avoid “port-shopping” by custom fraudsters.
Amendment 19 #
2018/0258(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Supporting the creation of an adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union with a view to the long- term aim that all customs administrations in the EU work together as if they were one. A dedicated Union intervention for customs control equipment correcting current imbalances would moreover contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability of modernand proper functioning of modern, state-of- the-art, secure, cyber-resilient, safe, environment-friendly and reliable control equipment at the external borders is indispensable.
Amendment 21 #
2018/0258(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Supporting the creation of an adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union with a view to the long- term aim that all customs administrations in the EU work together as if they were one. A dedicated Union intervention for customs control equipment correcting current imbalances would moreover contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability of modernand proper functioning of modern, state-of- the-art, secure, cyber-resilient, safe, environmental-friendly and reliable control equipment at the external borders is indispensable.
Amendment 24 #
2018/0258(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Customs control equipment financed under this Instrument shall meet the highest security, cybersecurity, safety, environmental and health standards.
Amendment 25 #
2018/0258(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) Data produced by customs control equipment financed under this Instrument shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication. Member States shall be in full control of this data.
Amendment 26 #
2018/0258(COD)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13 c) Customs control equipment financed under this Instrument should contribute to providing optimal customs risk management.
Amendment 27 #
2018/0258(COD)
Proposal for a regulation
Recital 13 d (new)
Recital 13 d (new)
(13 d) When replacing old customs control equipment by the means of this Instrument, Member States are responsible for environmental friendly disposal of old customs control equipment.
Amendment 29 #
2018/0258(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by Regulation [2018/XXX]25 will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for financial support for customs control equipment established by this Regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and securityother tasks carried out at borders. This distribution of roles will foster inter-agency cooperation as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/162426 , thereby enabling customs and border authorities to work together and maximising the impact of the Union budget through co-sharing and inter-operability of control equipment. _________________ 25 COM(2018) 473. 26 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
Amendment 29 #
2018/0258(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Customs control equipment financed under this Instrument should meet optimal security, including cybersecurity, safety, environmental and health standards.
Amendment 30 #
2018/0258(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The European Commission shall incentivise joint procurement and testing of customs control equipment between Member States.
Amendment 30 #
2018/0258(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) Data produced by customs control equipment financed under this Instrument should be accessed and processed only by duly authorised staff of the authorities, and should be adequately protected against unauthorised access or communication. Member States shall be in full control of this data.
Amendment 31 #
2018/0258(COD)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13 c) Customs control equipment financed under this Instrument should contribute to providing optimal customs risk management.
Amendment 32 #
2018/0258(COD)
Proposal for a regulation
Recital 13 d (new)
Recital 13 d (new)
(13 d) When replacing old customs control equipment by the means of this Instrument, Member States are responsible for environment friendly disposal of old customs control equipment.
Amendment 33 #
2018/0258(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure regular monitoring and reporting, a proper framework for monitoring the results achieved by the Instrument and actions under it should be put in place. Such monitoring and reporting should be based on quantitative and qualitative indicators measuring the effects of the actions under the Instrument. Reporting requirements should include some information on customs control equipment beyond a certain cost threshold.
Amendment 35 #
2018/0258(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As part of the Integrated Border Management Fund and with a view to the long-term aim that all customs administrations in the EU work together as if they were one, the Instrument has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade while facilitating legitimate business activity.
Amendment 35 #
2018/0258(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by Regulation [2018/XXX]25 will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for financial support for customs control equipment established by this Regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and securityother tasks carried out at borders. This distribution of roles will foster inter-agency cooperation as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/162426, thereby enabling customs and border authorities to work together and maximising the impact of the Union budget through co-sharing and inter-operability of control equipment. __________________ 25 COM(2018) 473. 26 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
Amendment 36 #
2018/0258(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase, maintenance and upgrade of relevant, state-of-the-art, secure, cyber- resilient, safe, environmental-friendly and reliable customs control equipment.
Amendment 40 #
2018/0258(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure regular monitoring and reporting, a proper framework for monitoring the results achieved by the Instrument and actions under it should be put in place. Such monitoring and reporting should be based on quantitative and qualitative indicators measuring the effects of the actions under the Instrument. Reporting requirements should include some information on customs control equipment beyond a certain cost threshold.
Amendment 41 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) support the purchase, maintenance and upgrade of customs controls equipment that meet the highest security, cybersecurity, safety, environmental and health standards.
Amendment 41 #
2018/0258(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As part of the Integrated Border Management Fund and with a view to the long-term aim that all customs administrations in the EU work together as if they were one, the Instrument has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade while facilitating legitimate business activity.
Amendment 42 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Data produced by customs control equipment financed under this Instrument shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication.
Amendment 43 #
2018/0258(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase, maintenance and upgrade of relevant, state-of-the-art, secure, cyber- resilient, safe, environmental-friendly and reliable customs control equipment.
Amendment 44 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the customs control purposes set out in point (b) of paragraph 1 as well as Annex 1 where such review is considered necessary and in order to stay up to date with technological developments and with new, smart and innovative solutions for customs control purposes.
Amendment 45 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Customs control equipment financed under this Instrument may be used for purposes additional to customs controls, including for control of persons in support of the national border management authorities and investigation if necessary to comply with the Instrument's general and specific objectives outlined in Article 3.
Amendment 45 #
2018/0258(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The financial envelope for the implementation of the Instrument for the period 2021 – 2027 shall be EUR 1 149 175 000 in 2018 prices (EUR 1 300 000 000 in current prices).
Amendment 46 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. The Commission shall incentivise joint procurement and testing of customs control equipment between Member States.
Amendment 47 #
2018/0258(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Funding in excess of that ceiling may be granted in cases of joint procurement and testing of customs control equipment between Member States.
Amendment 48 #
2018/0258(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) costs associated with electronic systems, with the exception of software and software updates directly necessary to use the customs control equipment;
Amendment 48 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) support the purchase, maintenance and upgrade of customs controls equipment that meet optimal security, including cybersecurity, safety, environmental and health standards.
Amendment 49 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Data produced by customs control equipment financed under this Instrument shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication.
Amendment 50 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the customs control purposes set out in point (b) of paragraph 1 as well as Annex 1 where such review is considered necessary and in order to stay up to date with technological developments, changing patterns in smuggling of goods and with new, smart and innovative solutions for customs control purposes.
Amendment 51 #
2018/0258(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring the implementation and results of the Instrument are comparable and complete as well as collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.
Amendment 52 #
2018/0258(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Customs control equipment financed under this Instrument may be used for purposes additional to customs controls, including for control of persons in support of the national border management authorities and investigation if necessary to comply with the Instrument's general and specific objectives outlined in Article 3.
Amendment 57 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Evaluations shall assess the programme's results, impact, effectiveness and efficiency and they shall be carried out in a timely manner to feed into the decision- making process.
Amendment 58 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The interim evaluation of the Instrument shall be performed once there is sufficient information available about the implementation of the Instrument, but no later than fourthree years after the start of the implementation of the Instrument.
Amendment 58 #
2018/0258(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) costs associated with electronic systems, with the exception of software and software updates directly necessary to use the customs control equipment;
Amendment 59 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 (new)
Article 13 – paragraph 2 – subparagraph 1 (new)
The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.
Amendment 59 #
2018/0258(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) costs of networks, such as secured or unsecured communication channels, or subscriptions, with the exception of networks or subscriptions directly necessary to use the customs control equipment;
Amendment 60 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. At the end of the implementation of the Instrument, but no later than fourthree years after the end of the period specified in Article 1, a final evaluation of the Instrument shall be carried out by the Commission.
Amendment 62 #
2018/0258(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 63 #
2018/0258(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall regularly implement information and communication actions relating to the Instrument, and its actions and results as part of the work programmes as referred to in Article 11. Financial resources allocated to the Instrument shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.
Amendment 64 #
2018/0258(COD)
Proposal for a regulation
Annex II – point 1 a (new)
Annex II – point 1 a (new)
1 a. Security and Safety (a) Degree of compliance with security standards of customs control equipment at all Border Crossing Points, including cybersecurity (b) Degree of compliance with safety standards of customs control equipment at all Border Crossing Points
Amendment 65 #
2018/0258(COD)
Proposal for a regulation
Annex II – point 1 b (new)
Annex II – point 1 b (new)
1 b. Health and Environment (a) Degree of compliance with health standards of customs control equipment at all Border Crossing Points (b) Degree of compliance with environmental standards of customs control equipment at all Border Crossing Points
Amendment 66 #
2018/0258(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. To ensure effective assessment of progress of the Instrument towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 14 to amend Annex 2 to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework in order to provide the European Parliament and the Council with updated qualitative and quantitative information on performance of the Programme.
Amendment 67 #
2018/0258(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring the implementation and results of the Instrument are comparable and complete as well as collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.
Amendment 69 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Evaluations shall assess the Instrument programme's results, impact, effectiveness and efficiency and they shall be carried out in a timely manner to feed into the decision- making process.
Amendment 70 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The interim evaluation of the Instrument shall be performed once there is sufficient information available about the implementation of the Instrument, but no later than fourthree years after the start of the implementation of the Instrument.
Amendment 71 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.
Amendment 72 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. At the end of the implementation of the Instrument, but no later than fourthree years after the end of the period specified in Article 1, a final evaluation of the Instrument shall be carried out by the Commission.
Amendment 73 #
2018/0258(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission shall communicate the conclusions of the evaluations, accompanied by its observations and lessons learned, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
Amendment 74 #
2018/0258(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 75 #
2018/0258(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall regularly implement information and communication actions relating to the Instrument, and its actions and results as part of the work programmes as referred to in Article 11. Financial resources allocated to the Instrument shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.
Amendment 77 #
2018/0258(COD)
Proposal for a regulation
Annex I – column 3 – row 1
Annex I – column 3 – row 1
Containers, trucks, rail wagons and vehicles
Amendment 78 #
2018/0258(COD)
Proposal for a regulation
Annex I – column 3 – row 3
Annex I – column 3 – row 3
Passenger baggage: hold and carry-on baggage
Amendment 79 #
Amendment 80 #
Amendment 81 #
2018/0258(COD)
Proposal for a regulation
Annex I – column 2 – row 6 a (new)
Annex I – column 2 – row 6 a (new)
Millimetre wave-based security scanner
Amendment 82 #
2018/0258(COD)
Proposal for a regulation
Annex II – point 1 a (new)
Annex II – point 1 a (new)
1 a. Security and Safety (a) Degree of compliance with security standards of customs control equipment at all Border Crossing Points, including cybersecurity (b) Degree of compliance with safety standards of customs control equipment at all Border Crossing Points
Amendment 83 #
2018/0258(COD)
Proposal for a regulation
Annex II – point 1 b (new)
Annex II – point 1 b (new)
1 b. Health and Environment (a) Degree of compliance with health standards of customs control equipment at all Border Crossing Points (b) Degree of compliance with environmental standards of customs control equipment at all Border Crossing Points
Amendment 14 #
2018/0232(COD)
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
Having regard to the European Court of Auditors’ special report No 19/2017 of 5 December 2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’;
Amendment 15 #
2018/0232(COD)
Proposal for a regulation
Citation 4 b (new)
Citation 4 b (new)
Having regard to the European Court of Auditors’ special report No 26/2018 of 10 October 2018 entitled ‘A series of delays in Customs IT systems: what went wrong?';
Amendment 16 #
2018/0232(COD)
Proposal for a regulation
Citation 4 c (new)
Citation 4 c (new)
Having regard to the Resolution of European Parliament of 4 October 2018 on 'Fighting Customs Fraud and Protection EU Own Resources' (2018/2747(RSP));
Amendment 17 #
2018/0232(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Customs 2020 programme set up under Regulation (EU) No 1294/201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation. Many of the activities in the customs area are of a cross- border nature, involving and affecting all Member States, and therefore they cannot be effectively and efficiently delivered by individual Member States. A customs programme at Union level, implemented by the Commission, offers Member States a Union framework to develop those cooperation activities, which is more cost- efficient than if each Member State were to set up individual cooperation frameworks on a bilateral or multilateral basis. Moreover, harmonised and standardised custom controls at all points of entry are necessary because an imbalance in the performance of customs controls by Member States impedes the effective functioning of the customs union. It is therefore appropriate to ensure the continuity of Union financing of activities in the field of customs cooperation by establishing a new programme in the same area, the Customs programme. _________________ 18 Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.
Amendment 19 #
2018/0232(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Customs Union is a cornerstone of the European Union as one of the largest trading blocks in the world, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. In its resolution of 14 March 201817a, the European Parliament expressed particular concern regarding customs fraud, which has created a significant loss of income for the Union's budget. The European Parliament reiterated that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means. _________________ 17a P8_TA(2018)0075 : The next MFF: Preparing the Parliament’s position on the MFF post-2020
Amendment 21 #
2018/0232(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In providing a framework for actions that has as objective to support the customs union and customs authorities with a view to the long-term objective that all customs administrations in the Union work together as if they were one, the Programme should contribute to protecting the financial and economic interests of the Union and its Member States; protecting the Union from unfair and illegal trade while supporting legitimate business activity; ensuring the security and safety of the Union and its residents; and facilitating legitimate trade, so that businesses and citizens can benefit from the full potential of the internal market and of global trade.
Amendment 23 #
2018/0232(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The ability of Member States to react to challenges generated by constantly evolving global business models and supply chains, in particular with the surge of e-commerce, depend not only on the human component and the availability and proper functioning of modern and reliable customs control equipment but also fully and sustainably implemented EU customs information systems. These challenges emphasise the need to enforce cooperation between national customs authorities to ensure the effective collection of customs duties and protect the single market from fraud, illicit goods and external threats.
Amendment 26 #
2018/0232(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Considering the importance of globalisation, the Programme should continue to provide the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as academics and representatives of international organisations, economic operators or civil society.
Amendment 29 #
2018/0232(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should be implemented by means of work programmes. In view of the mid- to long- term nature of the objectives pursued and building on experience gained over time, work programmes should be able to cover several yemay cover several years but not more than three years in order to allow for adaptations where necessarsy. The shift from annual to multiannual work programmes willcould reduce the administrative burden for both the Commission and Member States.
Amendment 30 #
2018/0232(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Customs 2020 programme set up under Regulation (EU) No 1294/201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation. Many of the activities in the customs area are of a cross- border nature, involving and affecting all Member States, and therefore they cannot be effectively and efficiently delivered by individual Member States. A customs programme at Union level, implemented by the Commission, offers Member States a Union framework to develop those cooperation activities, which is more cost- efficient than if each Member State were to set up individual cooperation frameworks on a bilateral or multilateral basis. Moreover, harmonised and standardised custom controls at all points of entry are necessary because an imbalance in the performance of customs controls by Member States impedes the effective functioning of the customs union. It is therefore appropriate to ensure the continuity of Union financing of activities in the field of customs cooperation by establishing a new programme in the same area, the Customs programme. _________________ 18 Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.
Amendment 31 #
2018/0232(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The customs union is a cornerstone of the European Union as one of the largest trading blocks in the world, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. In its resolution of 14 March 2018, entitled ‘The next MFF: Preparing the Parliament’s position on the MFF post- 2020’, the European Parliament expressed particular concern regarding customs fraud, which has created a significant loss of income for the Union's budget. The European Parliament reiterated that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means.
Amendment 33 #
2018/0232(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. TWith a view to the long-term aim that all customs administrations in the EU work together as if they were one, the Programme has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade, while facilitating legitimate business activity.
Amendment 34 #
2018/0232(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as, to support customs cooperation and administrative capacity building, including human competency and the timely development, deployment, maintenance and operation of European electronic systems as well as a smooth transition to a paperless environment and trade in line with the Multi-Annual Strategic Plan for Customs set out in Article 12 of this Regulation.
Amendment 35 #
2018/0232(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The Programme shall also support the continuous evaluation and monitoring of the cooperation between customs authorities with a view to identifying weaknesses and possible improvements.
Amendment 36 #
2018/0232(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In providing a framework for actions that has as objective to support the customs union and customs authorities with a view to the long-term objective that all customs administrations in the Union work together as if they were one, the Programme should contribute to protecting the financial and economic interests of the Union and its Member States; protecting the Union from unfair and illegal trade while supporting legitimate business activity; ensuring the security and safety of the Union and its residents; and facilitating legitimate trade, so that businesses and citizens can benefit from the full potential of the internal market and of global trade.
Amendment 37 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] and/or complementing or supporting the actions implementing the objectives referred to in Article 2 of Regulation (EU) [2018/XXX] [Anti-Fraud Programme] shall also be eligible for funding under this Programme.
Amendment 38 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b
Article 7 – paragraph 3 – subparagraph 1 – point b
(b) project-based structured collaboration, such as collaborative IT development by a group of Member States;
Amendment 39 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
(3 a) monitoring activities
Amendment 39 #
2018/0232(COD)
(3 a) The ability of Member States to react to challenges generated by constantly evolving global business models and supply chains, in particular with the surge of e-commerce, depend not only on the human component and the availability and proper functioning of modern and reliable customs control equipment but also fully and sustainably implemented EU customs information systems. These challenges emphasise the need to enforce cooperation between national customs authorities to ensure the effective collection of customs duties and protect the single market from fraud, illicit goods and external threats.
Amendment 40 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Actions consisting in the development, deployment, maintenance and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.
Amendment 41 #
2018/0232(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the programme pursuant to Article 5, academics and representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.
Amendment 42 #
2018/0232(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The external experts shall be selected by the Commission based on their skills, experience and knowledge relevant to the specific action, avoiding any potential conflict of interest and taking into account the principle of gender equality.
Amendment 43 #
2018/0232(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 (new)
Article 8 – paragraph 3 – subparagraph 1 (new)
The list of external experts shall be regularly updated and made accessible to the public.
Amendment 45 #
2018/0232(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission and the Member States shall ensure jointly the development and operation, including the design, specification, conformance testing, deployment, maintenance, evolution, modernisation, security, quality assurance and quality control, of the European electronic systems listed in the Multi- Annual Strategic Plan for Customs referred to in Article 12.
Amendment 45 #
2018/0232(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Considering the importance of globalisation, the Programme should continue to provide the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as academics and representatives of international organisations, economic operators or civil society.
Amendment 46 #
2018/0232(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the overall coordination of the development and operation of European electronic systems with a view to their operability, cyber-resilience, inter -connectivity and continuous improvement and their synchronised implementation;
Amendment 47 #
2018/0232(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e a (new)
Article 11 – paragraph 2 – point e a (new)
(e a) an efficient and swift communication with and between Member States with a view to streamline the governance of the European electronic systems;
Amendment 48 #
2018/0232(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e b (new)
Article 11 – paragraph 2 – point e b (new)
(e b) a timely and transparent communication with stakeholders concerned with implementing IT systems at EU and Member States level, in particular about delays in the implementation and spending of Union and national components.
Amendment 49 #
2018/0232(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation, as for instance in a collaborative IT development project by a group of Member States;
Amendment 49 #
2018/0232(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In line with the findings contained on the two special reports adopted recently by the European Court of Auditors in the field of customs, namely special report No 19/2017 of 5 December 2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’, and special report No 26/2018 of 10 October 2018 entitled ‘A series of delays in Customs IT systems: what went wrong?’, the actions undertaken within the ‘Customs’ programme for cooperation in the field of customs should aim at tackling the shortcomings signalled.
Amendment 50 #
2018/0232(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks and where applicable about foreseeable delays in their implementation.
Amendment 51 #
2018/0232(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1, including information on necessary adaptations or delays of the plan, and make that report public.
Amendment 51 #
2018/0232(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. TWith a view to the long-term aim that all customs administrations in the EU work together as if they were one, the Programme has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade, while facilitating legitimate business activity.
Amendment 52 #
2018/0232(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Programme shall be implemented by annual or multiannual work programmes referred to in Article 108 of the Financial Regulation. The multiannual work programme may cover a period of no longer than 3 years in order to allow for adaptations where necessary.
Amendment 53 #
2018/0232(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The multiannual work programme shall build on lessons learned from previous programmes.
Amendment 54 #
2018/0232(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results are comparable and complete as well as collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.
Amendment 54 #
2018/0232(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as, to support customs cooperation and administrative capacity building, including human competency and the timely development, deployment, maintenance and operation of European electronic systems, as well as a smooth transition to a paperless environment and trade in line with the Multi-Annual Strategic Plan for Customs set out in Article 12 of this Regulation.
Amendment 55 #
2018/0232(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – 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 fourthree years after the start of the programme implementation.
Amendment 56 #
2018/0232(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.
Amendment 56 #
2018/0232(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The Programme shall also support the continuous evaluation and monitoring of the cooperation between customs authorities with a view to identifying weaknesses and possible improvements.
Amendment 57 #
2018/0232(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. At the end of the implementation of the Programme, but no later than fourthree years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.
Amendment 58 #
2018/0232(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 59 #
2018/0232(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall regularly implement information and communication actions relating to the Programme, and its actions and results as part of the work programmes as referred to in Article 13. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.
Amendment 62 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] and/or complementing or supporting the actions implementing the objectives referred to in Article 2 of Regulation (EU) [2018/XXX] [Anti-Fraud Programme] shall also be eligible for funding under this Programme.
Amendment 63 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b
Article 7 – paragraph 3 – subparagraph 1 – point b
(b) project-based structured collaboration, such as collaborative IT development by a group of Member States;
Amendment 65 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
(3 a) monitoring activities;
Amendment 66 #
2018/0232(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Actions consisting in the development, deployment, maintenance and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.
Amendment 67 #
2018/0232(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the programme pursuant to Article 5, academics and representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.
Amendment 70 #
2018/0232(COD)
1. The Commission and the Member States shall ensure jointly the development and operation, including the design, specification, conformance testing, deployment, maintenance, evolution, modernisation, security, quality assurance and quality control, of the European electronic systems listed in the Multi- Annual Strategic Plan for Customs referred to in Article 12.
Amendment 71 #
2018/0232(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the overall coordination of the development and operation of European electronic systems with a view to their operability, inter -connectivity, cyber- resilience and continuous improvement and their synchronised implementation;
Amendment 72 #
2018/0232(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e a (new)
Article 11 – paragraph 2 – point e a (new)
(e a) an efficient and swift communication with and between Member States with a view to streamline the governance of the European electronic systems;
Amendment 74 #
2018/0232(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e b (new)
Article 11 – paragraph 2 – point e b (new)
(e b) a timely and transparent communication with stakeholders concerned with implementing IT systems at EU and Member States level, in particular about delays in the implementation and spending of Union and national components.
Amendment 75 #
2018/0232(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation, as for instance in a collaborative IT development project by a group of Member States;
Amendment 76 #
2018/0232(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks and where applicable about foreseeable delays in their implementation.
Amendment 78 #
2018/0232(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1, including information on necessary adaptations or delays of the plan, and make that report public.
Amendment 80 #
2018/0232(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The multiannual work programme shall build on lessons learned from previous programmes.
Amendment 81 #
2018/0232(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results are comparable and complete, as well as collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.
Amendment 82 #
2018/0232(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.
Amendment 84 #
2018/0232(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 38 #
2018/0211(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The maximum rates for co- financing for grants should be defined in the this Regulation and should not exceed 80% of the eligible costs. In exceptional and duly justified cases, defined in the work programme, such as cases concerning Member States exposed to a high risk in relation to the financial interests of the Union, the maximum co- financing rate should be set at 90% of eligible costs.
Amendment 39 #
2018/0211(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The programme should be implemented by work programmes referred to in Article 110 of the Financial Regulation. The work programme specifies the objectives pursued and the expected results, the methods of implementation, the type of applicants targeted by the call for proposals or direct award and the global budgetary envelope reserved for the grants. When preparing the work programme, the Commission should take into account the Parliament’s priorities as expressed within the framework of its annual evaluation of the protection of Union financial interests. The work programme should be published on the Commission’s website and transmitted to the Parliament.
Amendment 40 #
2018/0211(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Actions should be eligible on the basis of their ability to achieve the specific objectives of the programme provided for in Article 2. These may include the provision of special technical assistance for the competent authorities of the Member States, such as providing specific knowledge, specialised and technically advanced equipment and effective information technology (IT) tools; ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross-border operations; or enhancing staff exchanges for specific projects. Moreover, eligible actions may also include the organisation of targeted specialised training, risk analysis workshops as well as, where appropriate, conferences and studies.
Amendment 41 #
2018/0211(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The purchase of equipment through the Union instrument for financial support for customs control equipment26 may have a positive impact on the fight against fraud affecting the financial interests of the EU. There is a joint responsibility on the Union instrument for financial support for customs control equipment and the Programme to avoid any duplication in the Union support. The Programme should essentially target its support to the acquisition of types of equipment which do not fall under the scope of the Union instrument for financial support for customs control equipment, or equipment for which the beneficiaries are authorities other than the authorities targeted by the Union instrument for financial support for customs control equipment. Avoiding overlapMoreover, there should be a clear link between the outcome of the funded equipment and the protection of the financial interest of the Union. Avoiding overlaps as well as establishing synergies between the EU Anti-Fraud Programme and other relevant programmes in areas such as Justice, Customs, and Home Affairs should be notably ensured in the context of the preparation of the annual work programmes. _________________ 26 [ref] [ref]
Amendment 42 #
2018/0211(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The programme supports cooperation between administrative and law enforcement authorities of the Member States and between the latter and the Commission, including OLAF, as well as other relevant Union bodies and agencies, such as Eurojust, Europol and the EPPO, as it takes office, with a view to ensuring a more effective protection of the financial interests of the Union.
Amendment 44 #
2018/0211(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) support to mutual assistance between the administrative authorities of the Member States and cooperation between the latter and, the Commission and other relevant Union bodies and agencies to ensure the correct application of the law on customs and agricultural matters.
Amendment 47 #
2018/0211(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
The co-financing rate for grants awarded under the programme shall not exceed 80 % of the eligible costs. In exceptional and duly justified cases, defined in the work programmes referred to in Article 10, the co-financing rate shall not exceed 90 % of the eligible costs.
Amendment 48 #
2018/0211(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
When the action supported involves the acquisition of equipment, the Commission shall ensure that the funded equipment contributes to the protection of the financial interest of the Union.
Amendment 49 #
2018/0211(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
The Commission shall explore synergies between the programme and other relevant programmes in areas such as Justice, Customs, and Home Affairs and make sure that overlaps are avoided in the context of the preparation of the work programmes.
Amendment 50 #
2018/0211(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
Work programmes shall be published on the Commission's website and transmitted to the Parliament, which will assess their contents and outcome within the framework of the annual evaluation of the protection of financial interests of the Union.
Amendment 51 #
2018/0211(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions, and the European Court of Auditors, and publish them on the Commission's website.
Amendment 52 #
2018/0211(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. Acknowledging the origin, and ensuring visibility, of the Union funding shall not be required where there is a risk of compromising the effective performance of anti-fraud and customs operational activities.
Amendment 53 #
2018/0211(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission shall regularly implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 2.
Amendment 54 #
2018/0211(COD)
Proposal for a regulation
Annex II – paragraph 1 – subparagraph 2 – point 1.2
Annex II – paragraph 1 – subparagraph 2 – point 1.2
1.2 : PercentageList of Member States receiving support each year of the programme and respective share in funding.
Amendment 55 #
2018/0211(COD)
Proposal for a regulation
Annex II – paragraph 1 – subparagraph 4 a (new)
Annex II – paragraph 1 – subparagraph 4 a (new)
User satisfaction rate for the use of the Anti-Fraud Information System.
Amendment 19 #
2018/0199(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should add twoone Interreg-specific objectives, one to support an Interreg-specific objective strengthening institutional capacity, enhancing legal and administrative cooperation, in particular where linked to implementation of the Border Regions Communication, intensify cooperation between citizens and institutions and the development and coordination of macro-regional and sea- basin strategies, and one to address specific external cooperation issues such as safety, security, border crossing management and migration.
Amendment 20 #
2018/0199(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Provisions on the preparation, approval and amendment of Interreg programmes as well as on territorial development, on the selection of operations, on monitoring and evaluation, on the programme authorities, on audit of operations, and on transparency and communication should be adapted to the specificities of Interreg programmes compared to the provisions set out in Regulation (EU) [new CPR]. These specific provisions shall be kept simple and clear in order to avoid gold-plating and additional administrative burden for Member States and beneficiaries.
Amendment 21 #
2018/0199(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, which are found to be most suited to measure progress towards the goals of the European territorial cooperation goal (Interreg) programme as a basis for evaluating the effects of the Funds used in this programme on the ground.
Amendment 22 #
2018/0199(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States and beneficiaries. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground.
Amendment 23 #
2018/0199(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Based on experience during the programming period 2014-2020, the system introducing a clear hierarchy of rules on eligibility of expenditure should be continued while maintaining the principle of rules on eligibility of expenditure to be established at Union level or for Interreg programme as a whole to avoid any possible contradictions or inconsistencies between different Regulations and between Regulations and national rules. Additional rules adopted by one Member State which would only apply to the beneficiaries in that Member State should be limited to the strict minimumavoided. In particular, provisions of the Commission Delegated Regulation (EU) No 481/201433 adopted for the programming period 2014- 2020 should be integrated into this Regulation. _________________ 33 Commission Delegated Regulation (EU) No 481/2014 of 4 March 2014 supplementing Regulation (EU) No 1299/2013 of the European Parliament and of the Council with regard to specific rules on eligibility of expenditure for cooperation programmes (OJ L 138, 13.5.2014, p. 45).
Amendment 30 #
2018/0199(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 33 #
2018/0199(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. An additional 15% of the ERDF and, where applicable, of the external financing instruments of the Union allocations under priorities other than for technical assistance to each Interreg programme under components 1, 2 and 3, shall be allocated on the Interreg-specific objective of 'a better Interreg governance' or on the external Interreg-specific objective of 'a safer and more secure Europe'.
Amendment 39 #
2018/0199(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 a (new)
Article 31 – paragraph 1 – subparagraph 1 a (new)
The transmission of data shall be carried out using existing data-reporting systems insofar as they have proven to be reliable during the previous programming period.
Amendment 42 #
2018/0199(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 1 – point c
Article 35 – paragraph 4 – subparagraph 1 – point c
(c) publicly displaying public plaques or billboards as soon as the physical implementation of an Interreg operation involving physical investment or the purchase of equipment starts, the total cost of which exceeds EUR 10025 000;
Amendment 43 #
2018/0199(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 1 – point d
Article 35 – paragraph 4 – subparagraph 1 – point d
(d) for Interreg operations not falling under point (c), publicly displaying at least one printed or electronic display of a minimum size A32 with information about the Interreg operation highlighting the support from an Interreg fund;
Amendment 44 #
2018/0199(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 1 – point e
Article 35 – paragraph 4 – subparagraph 1 – point e
(e) for operations of strategic importance and operations whose total cost exceed EUR 105 000 000 organising a communication event and involving the Commission and the responsible managing authority in a timely manner.
Amendment 45 #
2018/0199(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. For small project funds and financial instruments, the beneficiary shall ensure that final recipients comply with the requirements set out in point (c) and (d) of paragraph 4.
Amendment 54 #
2018/0199(COD)
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 3 a (new)
Article 48 – paragraph 1 – subparagraph 3 a (new)
The Commission shall set out the type of data and the criteria based on which the samples for its audit operations are formed as well as the methodology for the extrapolation of the error rate in an Annex to be adopted by delegated act in accordance with Article 62 of this Regulation.
Amendment 108 #
2018/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Office should activelybe allowed to support the EPPO in its investigations. In this regard, the EPPO may request the Office to support or complement its criminal investigations through the exercise of powers under this Regulation. In these cases the Office should perform these operations within the limits of its powers and within the framework provided for in this Regulation.
Amendment 109 #
2018/0170(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is necessary to address the most unambiguous findings of the Commission evaluation through the amendment of Regulation (EU, Euratom) No 883/2013. These are essential changes necessary in the short term to strengthen the framework for the Office's investigations, in order to maintain a strong and fully-functioning Office that complements the EPPO's criminal law approach with administrative investigations, but which do not entail a change to the mandate or powers. They primarily concern areas where, today, the lack of clarity of the Regulation hinders the effective conduct of investigations by the Office, such as the conduct of on-the spot checks, the possibility of access to bank account information, or the admissibility as evidence of the case reports drawn up by the Office. In the medium-term, a more comprehensive amendment of Regulation (EU, Euratom) No 883/2013 would be necessary to modernise the framework of the Office and address further shortcomings identified by the Commission in its evaluation. The Commission should submit a new, comprehensive proposal no later than two years after the evaluation of both the EPPO and the Office, and their cooperation.
Amendment 111 #
2018/0170(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The current legal framework foresees only limited judicial control over investigative acts by the Office, in particular in cases where there is no judicial follow-up by national authorities. Notwithstanding their administrative nature, the Office's investigative acts could potentially involve a lack of competence, infringements of essential procedural requirements, infringements of the Treaties, including violation of the Charter, or misuse of power. In order to provide those concerned with the appropriate judicial remedy, the right to file an action for annulment of investigative acts carried out by the Office should be made available.
Amendment 117 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Regulation (EU, Euratom) No 883/2013
Article 2 – point 2
Article 2 – point 2
-1 in Article 2, point (2) is replaced by the following: "(2) ‘irregularity’ shall mean ‘irregularity’ as defined in Article 1(2) of Regulation (EC, Euratom) No 2988/95; (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883-, including infringements affecting revenue from value-added tax;" Or. en 20170101&qid=1547480450198&from=EN)
Amendment 118 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
Regulation (EU, Euratom) No 883/2013
Article 2 – point 3
Article 2 – point 3
"(3) ‘fraud, corruption and any other illegal activity affecting the financial interests of the Union’, which includes irregularities, shall have the meaning applied to those words in the relevant Union acts; (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883-" Or. en 20170101&qid=1547480450198&from=EN)
Amendment 134 #
2018/0170(COD)
6 a. For those cases in which the Director-General decides not to open an investigation, he or she shall indicate the reasons for that decision in the annual report to the Supervisory Committee.
Amendment 136 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point e
Article 1 – paragraph 1 – point 6 – point e
Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 8
Article 7 – paragraph 8
8. If an investigation cannot be closed within 12 months after it has been opened, the Director-General shall, at the expiry of that 12-month period and every six months thereafter, report to the Supervisory Committee, indicating the reasons and, where appropriatlicable, the remedial measures envisaged with a view to speeding up the investigation.;
Amendment 138 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point e a (new)
Article 1 – paragraph 1 – point 6 – point e a (new)
Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 8a (new)
Article 7 – paragraph 8a (new)
(e a) 8a. The report shall contain, as a minimum, a brief description of the facts, their legal qualification, an assessment of the damage caused or likely to be caused, the date of expiration of the statutory limitation period, the reasons why the twelve-month period could not be kept, and the remedial measures envisaged with a view to speeding up the investigation, where applicable.
Amendment 139 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 6
Article 7 – paragraph 6
"(c) any special measures of confidentiality recommended, in particular in cases entailing the use of investigative measures falling within the competence of the EPPO or a national judicial authority or, in the case of an external investigation, within the competence of a other national authority, in accordance with the national rules applicable to investigations. (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883-" Or. en 20170101&qid=1547480450198&from=EN)
Amendment 140 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 1
Article 8 – paragraph 1
Where the institutions, bodies, offices and agencies report to the EPPO in accordance with Article 24 of Regulation (EU) 2017/1939, they mayshall instead transmit to the Office a copy of the report sent to the EPPO.;
Amendment 141 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a a (new)
Article 1 – paragraph 1 – point 7 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 1
Article 8 – paragraph 1
"1. The institutions, bodies, offices and agencies shall transmit to the Office without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. This duty shall apply to the EPPO when the concerned cases do not fall under its mandate in accordance with Chapter IV of Regulation (EU) 2017/1939." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883- 20170101&qid=1547480450198&from=EN)
Amendment 144 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a a (new)
Article 1 – paragraph 1 – point 8 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
(a a) 5a. For cases where the Office recommends a judicial follow-up, and without prejudice to the confidentiality rights of whistleblowers and informants, the person concerned shall have access to the report drawn up by the Office under Article 11 following its investigation, and to any other relevant documents, to the extent that they relate to that person and if, where applicable, neither the EPPO nor the national judicial authorities object within a period of six months. An authorisation by the competent judicial authority may also be granted before this period has expired.
Amendment 149 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EU, Euratom) No 883/2013
Article 9b (new)
Article 9b (new)
(8 a) Article 9b is inserted: 1. Without prejudice to the independence of the Office with respect to the discretion to conduct the investigation under way, the Director-General shall first obtain the authorisation of the Controller when the Office intends to exercise its power to inspect the professional office of a Member of the European Parliament at the premises of the European Parliament or to take copies of documents or of any data support located in this office, irrespective of the medium on which the data is stored. To this end, the Office shall transmit any relevant information necessary to assess the request for authorisation. This procedure is to be regarded as confidential and the Controller shall not disclose any information concerning it. 2. In taking his or her decision on whether or not to grant authorisation for the aforementioned investigative measures, the Controller shall carry out an objective assessment of their legality and examine whether these measures are proportionate or whether the same objective could be achieved with less intrusive investigative measures. The Controller shall reply to the request for an authorisation promptly and no later than 48 hours after receiving the request. The absence of a reply by the Controller within this time limit shall be deemed to be an authorisation. 3. In duly justified urgent cases, where a delay may be harmful to the investigations, the Office may request that the time limit referred to in paragraph 2 is shortened to 24 hours, in agreement with the Controller. The time limit may also be extended to a maximum of 72 hours at the duly motivated request of the Controller. 4. These arrangements shall fully respect the rules on immunity of Members of the European Parliament as set out in Articles 5 to 12 of the Rules of Procedure.
Amendment 150 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Regulation (EU, Euratom) No 883/2013
Article 9c (new)
Article 9c (new)
(8 b) Article 9c is inserted: Article 9c Appointment and status of the Controller of procedural guarantees 1. The Controller and his of her substitute shall be appointed by common accord of the European Parliament, the Council and the Commission for a non-renewable term of five years. On expiry of their terms, they shall remain in office until they are replaced. Following a call for applications in the Official Journal of the European Union, the Commission shall draw up a list of suitably qualified candidates for the positions of the Controller and of the substitute, after a favourable opinion on the selection procedure has been given by the Supervisory Committee. The decision to appoint the Controller and his substitute shall also include a reserve list of potential candidates to replace the Controller for the remainder of his or her term of office in the event of resignation, death, permanent incapacity or removal from office. The Controller and his or her substitute shall be administratively attached to the Supervisory Committee. Their Secretariat shall be provided by the Supervisory Committee, in close consultation with the Controller. 2. The Controller and his or her substitute shall exercise their functions in complete independence and shall neither seek nor take instructions from anyone in the performance of their duties. They shall not perform any functions within the Office. In exercising their functions they shall take account of the need for effective application of the rules on the protection of the financial interests of the European Union and on the fight against fraud laid down in Union legislation. 3. If the Controller or his or her substitute cease to fulfil the conditions required for the performance of their duties, or if they are found guilty of serious misconduct, the European Parliament, the Council and the Commission may, by common accord, relieve them of their duties. 4. The Controller shall report on his or her activities in the annual report pursuant to Article 15(9). His reports shall not refer to individual cases under investigation and ensure the confidentiality of investigations even after their closure.”
Amendment 154 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Upon simple verification of their authenticity, reports drawn up on that basis including all evidence supporting and annexed to these reports shall constitute admissible evidence in judicial proceedings of a non-criminal nature before national courts and in administrative proceedings in the Member States.
Amendment 156 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Reports and recommendations drawn up following an external investigation and any relevant related documents shall be sent, as appropriate, to the competent authorities of the Member States concerned in accordance with the rules relating to external investigations and, if necessary, to the institution, body, office or agency concerned. That institution, body, office or agency shall take such action, in particular of a disciplinary or legal nature, as the results of the external investigation warrant, and shall report thereon to the Office, within a time- limit laid down in the recommendations accompanying the report, and, in addition, at the request of the Office.; Competent authorities of the Member States shall report back to the Office within nine months on the actions taken in response to the case report. These reports shall include information on recommendations not implemented and the reasons for their non-implementation.
Amendment 157 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point c a (new)
Article 1 – paragraph 1 – point 10 – point c a (new)
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
(c a) (cc) paragraph 6a is inserted: 6a. The competent authorities of the Member States and the institutions, bodies, offices and agencies shall ensure that the disciplinary, administrative, financial and judicial recommendations made by the Director-General pursuant to paragraphs 1 and 3 are acted upon, and shall send to the Office a detailed report on the actions taken by 31 March each year, including the reasons for non- implementation of recommendations made by OLAF, where applicable.
Amendment 158 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EU, Euratom) 833/2013
Article 11a (new)
Article 11a (new)
(10 a) (10a) After Article 11, a new article is inserted: Article11a Action for annulment Any person concerned may bring an action against the Commission for annulment of investigative acts carried out by the Office prior to the delivery of its investigative report under Article 11 on the grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties, including violation of the Charter, or misuse of power. Such an action may be brought either before the General Court of the EU or a competent national Court, where appropriate.
Amendment 163 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 4 – subparagraph 2
Article 12c – paragraph 4 – subparagraph 2
For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working days. This deadline may be extended in exceptional cases subject to modalities to be set out in the working arrangements referred to in Article 12g(1).
Amendment 165 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) 2013/833
Article 12d – paragraph 1
Article 12d – paragraph 1
The Director-General shall not open an investigation in accordance with Article 5, and shall discontinue an ongoing investigation, if the EPPO is conducting an investigation into the same facts, other than in accordance with Articles 12e or 12f. The Director-General shall inform the EPPO about each decision on not opening or discontinuation taken on such grounds.
Amendment 166 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12d – paragraph 1 – subparagraph 2
Article 12d – paragraph 1 – subparagraph 2
For the purpose of applying the first subparagraph, the Office shall verify in accordance with Article 12g(2) via the EPPO's case management system whether the EPPO is conducting an investigation. The Office may request further information from the EPPO. The EPPO shall reply to such a request within 10 working days. This deadline may be extended in exceptional cases subject to modalities to be set out in the working arrangements referred to in Article 12g(1).
Amendment 167 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 833/2013
Article 12d – paragraph 3
Article 12d – paragraph 3
3. Where the EPPO closes or discontinues an investigation on which it had received information by the Director-General pursuant to paragraph 1, and which is relevant to the exercise of the Office's mandate, it shall inform the Office without undue delay and may make recommendations regarding follow-up administrative investigations.
Amendment 169 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12e – paragraph 2a (new)
Article 12e – paragraph 2a (new)
2 a. 2b. Where the Office carries out activities referred to in paragraph 1 of this article and gathers sufficient evidence to prove an irregularity, it shall forward the information gathered without undue delay to the institution, body, organ or agency concerned to ensure a swift recovery of funds without prejudice to Article 5. For this purpose, the Office shall seek a prior authorisation by the EPPO which may object to such a request within 10 working days.
Amendment 172 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 1
Article 12f – paragraph 1 – subparagraph 1
In duly justified cases where the EPPO is conducting an investigation, where the Director-General considers that an investigation should be opened or continued in accordance with the mandate of the Office with a view to facilitating the adoption of precautionary measures or of financial, disciplinary or administrative action, the Office shall inform the EPPO in writing, specifying the nature and purpose of the investigation.
Amendment 176 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 2
Article 12f – paragraph 1 – subparagraph 2
Within 30 days after receipt of this information the EPPO may object to the opening or continuation of an investigation or to the performance of certain acts pertaining to the investigation, where necessary to avoid jeopardising its own investigation or prosecution, and for as long as these grounds persist. The EPPO shall notify to the Office without undue delay when the grounds for the objection cease to apply.
Amendment 178 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 1 – subparagraph 3
Article 12f – paragraph 1 – subparagraph 3
In the event that the EPPO does not object within the time period of the previous subparagraph, the Office may open or continue an investigation, and it shall conduct it in close consultation with the EPPO.
Amendment 181 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12f – paragraph 2a (new)
Article 12f – paragraph 2a (new)
2 a. 3. The EPPO may recommend complementary investigations in accordance with Article 101(3) of Regulation (EU) 2017/1939. In such case, the Director-General may decide to open an investigation in accordance with Article 5 of this Regulation. No further authorisation of the EPPO shall be required in such case. All other modalities set out in the first subparagraph of this Article continue to apply.
Amendment 184 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12g – paragraph 1
Article 12g – paragraph 1
2. The Office shall have indirect access to information in the EPPO's case management system on the basis of a hit/no hit system. Whenever a match is found between data entered into the case management system by the Office and data held by the EPPO, the fact that there is a match shall be communicated to both the EPPO and the Office. The Office shall take appropriate measures to enable the EPPO to have access to information in its case management system on the basis of a hit/no-hit system.; Prior to the adoption of the working arrangements with the EPPO, the Director-General shall send the draft to the European Data Protection Supervisor who shall deliver its comments without delay.
Amendment 186 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation (EU, Euratom) No 883/2013
Article 16 – paragraph 2 – point (d)
Article 16 – paragraph 2 – point (d)
(d) the framework of the relations between the Office and the institutions, bodies, offices and agencies, in particular the EPPO., and action taken on the Office's final investigation reports and other information forwarded by the Office;
Amendment 187 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU, Euratom) No 883/2013
Article 16 – paragarph 2 – point (e)
Article 16 – paragarph 2 – point (e)
"(e) the framework of the relations between the Office and the competent authorities of the Member States; and action taken by competent authorities in the Member States on the Office‘s final investigation reports and other information forwarded by the Office;" Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02013R0883- 20170101&qid=1547480450198&from=EN)
Amendment 190 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a a (new)
Article 1 – paragraph 1 – point 14 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 17 – paragraph 4
Article 17 – paragraph 4
(a a) (aa) paragraph 4 is replaced by the following: 4. The Director-General shall report regularly, and at least annually, to the European Parliament, the Council, the Commission and the Court of Auditors on the findings of investigations carried out by the Office, the action taken, the problems encountered, the cases dismissed and the reasons thereof, and the Office’s follow-up to the recommendations made by the Supervisory Committee in accordance with Article 15, whilst respecting the confidentiality of the investigations, the legitimate rights of the persons concerned and of informants, and, where appropriate, national law applicable to judicial proceedings. The annual report shall also include an assessment of the degree of cooperation with the competent authorities of the Member States and the institutions, bodies, offices and agencies, with particular regard to the implementation of Article 11(6a).
Amendment 191 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EU, Euratom) No 883/2013
Article 19
Article 19
(14 a) (14a) Article 19 is replaced by the following: Article 19 Evaluation report No later than ... [five years after the date determined in accordance with the second subparagraph of Article 120(2) of Regulation (EU) 2017/1939], the Commission shall submit to the European Parliament and the Council an evaluation report on the application and impact of this Regulation, in particular as regards the effectiveness and efficiency of the cooperation between the Office and the EPPO. That report shall be accompanied by an opinion of the Supervisory Committee.
Amendment 192 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EU, Euratom) No 883/2013
Article 19a (new)
Article 19a (new)
(14 b) A new Article is inserted: 19aa Review Clause 1. No later than two years after the adoption of the first evaluation report pursuant to Article 19, the Commission shall submit a legislative proposal to the European Parliament and the Council to modernise the Office's framework, including additional or more detailed rules on the setting up of the Office, its functions or the procedures applicable to its activities, including its cooperation with the EPPO and cross-border investigations;
Amendment 294 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguous language, are objective and non-discriminatory;
Amendment 307 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, terminate or impose any other kind of sanction upon, in whole or in part, the provision of their online intermediation services to business users.
Amendment 316 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
Amendment 358 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or, terminate, or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.
Amendment 391 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. However, it will avoid favouring the platforms own products over those of third parties.
Amendment 415 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Individual parameters determining ranking shall be applied in a non- discriminatory manner.
Amendment 416 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine concerned, that provider of online search engine shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking. In any case, providers of online search engines shall not influence ranking of search results against any direct or indirect remuneration paid by corporate website users, unless they mark search results where remuneration was paid in a clearly identifiable manner.
Amendment 539 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.
Amendment 552 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall provide for an internal system for handling, in a transparent manner, the complaints of business users.
Amendment 234 #
2018/0082(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A supplier shallBefore addressing a complaint, the parties shall implement a dialogue and mediation procedure. If this procedure does not lead to a solution, the supplier shall be entitled to 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.
Amendment 21 #
2018/0005(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) In a definitive VAT system, all Member States should be treated equally and should therefore have the same restrictions in applying reduced VAT rates, which should remain an exception to the standard rate. Such equal treatment without restricting Member States current flexibility in setting VAT can be achieved by enabling all of them to apply a reduced rate for which the minimum requirement does not apply, as well asd avoiding a disproportionate fragmentation of the VAT system within the internal market can be achieved by enabling Member States to apply an exemption with the right to deduct input VAT, in addition to a maximum of twoone reduced rates of a minimum of 5 %.
Amendment 39 #
2018/0005(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/112/EC
Article 98 – paragraph 1 – subparagraph 1
Article 98 – paragraph 1 – subparagraph 1
Member States may apply a maximum of twoone reduced rates.
Amendment 41 #
2018/0005(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/112/EC
Article 98 – paragraph 2
Article 98 – paragraph 2
2. By way of derogation from paragraph 1, Member States may in addition to the two reduced rates apply a reduced rate lower than the minimum of 5% and an exemption with deductibility of the VAT paid at the preceding stage.
Amendment 43 #
2018/0005(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/112/EC
Article 98 – paragraph 3 – subparagraph 1
Article 98 – paragraph 3 – subparagraph 1
Reduced rates and exemptions applied pursuant to paragraphs 1 and 2 shall only benefit the final consumer and shall be applied to pursue, in a consistent manner, an objective of general interest. Priority shall be given to goods or services having positive social and / or environmental effects, including cases where the production and retail of such goods or services has positive social and / or environmental effects.
Amendment 3 #
2017/2278(INI)
Motion for a resolution
Recital B
Recital B
B. whereas public procurement involves the spending of a considerable amount of taxpayers’ money, meaning that taxpayers expect this procurement to be carried out with transparency and integrity in the most efficient way, in terms of both costs and quality delivered, in order to provide quality goods and services to citizens;
Amendment 4 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the intelligent use of public procurement can address challenges such as climate change, resource scarcity, inequalities or ageing societies by supporting social policies, accelerating the transition to more sustainable supply chains and business models;
Amendment 5 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas public procurement is a strategic tool used to reach the EU’s goals of green and socially inclusive growth;
Amendment 7 #
2017/2278(INI)
Motion for a resolution
Recital C
Recital C
C. whereas public procurement may be a useful tool in the service of a stronger single market, social inclusion, the fight against social and environmental dumping, and for the growth of EU companies and jobs in the Union;
Amendment 17 #
2017/2278(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the European Union is committed to the United Nations Sustainable Development Goals (SDGs);
Amendment 18 #
2017/2278(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is of crucial importance that suppliers trust that the Union’s public procurement systems offer simple and accessible, digital procedures, full transparency, integrity and security of data;
Amendment 27 #
2017/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is deeply 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;
Amendment 31 #
2017/2278(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to finalise swiftly the Guidance on Public Procurement of Innovation and the Guide on socially responsible public procurement, in order to facilitate the implementation of the respective legal provisions in the Member States and especially the use of the most economically advantageous tender as the main award criterion; in this regard, calls on the Commission to clarify that this does not mean the lowest price;
Amendment 36 #
2017/2278(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to better organise the guides and other tools developed to help Member States with the implementation of the public procurement framework, in a more accessible and user- friendly way that offers a good overview to practitioners, while also paying attention to the languages available;
Amendment 45 #
2017/2278(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the extensive use of innovative procurement to implement green and socially inclusive growth;
Amendment 47 #
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 and socially responsible economy, as well as employment, innovation, SME and social economy enterprises growth and competition; underlines that this requires Member States to systematically signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 65 #
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 Is concerned about the excessive use of the lowest price as an award criterion in a number of Member States and that no special attention is paid to quality, sustainability, social inclusion or innovation; therefore calls on the Commission and the Member States to analyse the reason behind this situation; and stresses the need to apply the criterion of the most economically advantageous tender as the main criterion of reference;
Amendment 73 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to ensure that public procurement practices are in line with the Convention on the Rights of Persons with Disabilities and that persons with disabilities are consulted on all procurement processes and decisions that impact them or are done to procure services for them; calls on Member States to ensure that the judicial remedy of persons with disabilities is guaranteed in public procurement processes that directly impact them;
Amendment 75 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the adoption of a European Code of Ethics for Public Procurement for the various actors in the procurement process, in particular to ensure compliance with social and environmental standards;
Amendment 78 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines the importance of establishing a transparent dialogue with civil society, including trade unions and representatives of disabled people, with the aim of creating better analytical tools to develop policies that correspond to the real needs of society;
Amendment 90 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that the Member States underuse the possibilities offered by public procurement to adopt social criteria and measures as strategic instruments to promote sustainable social policy objectives;
Amendment 102 #
2017/2278(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the voluntary ex-ante assessment of procurement aspects for large infrastructure projects, as proposed by the Commission, and calls on the latter to focus on the operation of the helpdesk as a priority, while fully respecting confidentiality; suggests that awarding a label of attestation of conformity to the contracting authority would make this voluntary ex ante evaluation more attractive;
Amendment 108 #
2017/2278(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to do their utmost to put in place the eForms by the end of 2018 at the latest;
Amendment 110 #
2017/2278(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Agrees with the Commission that publicly available contract registers can be a cost-efficient tool for managing contracts, for improving transparency, integrity and data, and for better governance of public procurement;
Amendment 114 #
2017/2278(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that all Member States should be in a position to provide all necessary data on public procurement implementation, including data on tenders, procedures and contracts and statistical information, also in order to enable the Commission to assess the single market on procurement;
Amendment 121 #
2017/2278(INI)
27. Regrets that SMEs and social economy enterprises are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness of the measures provided by the 2014 directives and to come forward with new solutions if necessary;
Amendment 140 #
2017/2278(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the Commission’s recommendations on professionalisation and calls on the Member States to develop national plans as a priority; stresses the need to clearly recognise new qualifications acquired by creating a common European framework of technical and computer skills;
Amendment 141 #
2017/2278(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that both procurers and suppliers need to be adequately trained especially in the use of social and environmental criteria, in order to work efficiently at all procurement stages, and that attention must be given to all levels of public administration as regards professionalisation;
Amendment 26 #
2017/2191(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of access to justice for consumerindividual consumers and SMEs and of the availability for collective redress in order to ensure fair competition; believes access to justice and the availability of class or representative actions in this field and consumer rights more generally is essential to achieving the aims of EU competition policy; underlines that the absence of such opportunities weakens competition at the expense of the internal market and consumer rights;
Amendment 31 #
2017/2191(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses that efforts to foster competition through the development of the Digital Single Market must at all times work in the interests of consumers, and that the rights enshrined in the EU Charter for fundamental rights must be fully protected in the digital domain;
Amendment 32 #
2017/2191(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses that competition that is both free and fair is ultimately for the benefit of consumers;
Amendment 42 #
2017/2191(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on Member States to ensure the proper enforcement of EU public procurement rules in order to ensure fair competition including social, environmental and consumer protection criteria where appropriate and promote good practice in public authorities’ processes;proper enforcement will tackle distortions of competition and enable public authorities to choose to organise and provide quality public services so as to ensure effective and efficient public expenditure;
Amendment 55 #
2017/2191(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the Commission to promote market access opportunities for SMEs through smaller contracts where compatible with key procurement objectives, and for the Commission to carefully monitor the centralisation of purchases in public procurement markets;
Amendment 20 #
2017/2188(DEC)
Motion for a resolution
Paragraph 294
Paragraph 294
294. Criticises the Court of Justice of the European Union (CJEU) for refusing the access of the Court of Auditors to all the documents relevant in a case, only allowing the auditors to consult publicly available documents; reminds the CJEU that Court of Auditors Members as well as its auditors are bound by confidentiality and professional secrecy in the performance of duties15 ; regrets that référendaires could not be interviewed despite their crucial role in the CJEU’s work; _________________ 15Please see the Code of Conduct for Members of the European Court of Auditors in article 6 and the Ethical guidelines for the European Court of Auditors applying to the staff in paragraph 4 concerning professional secrecy.Notes that the Court of Auditors did not have access to certain documents; underlines that some documents should remain restricted to the Judges, Advocates-General and selected CJEU staff due to the Treaty obligation to maintain the secrecy of the deliberative process1a; calls on the CJEU to provide the Court of Auditors with access to all documents necessary for its audits, to the extent this doesn't infringe the obligation to maintain secrecy of the deliberative process; _________________ 1aArticle 35 of Protocol (No 3) on the Statute of the Court
Amendment 21 #
2017/2188(DEC)
Motion for a resolution
Paragraph 295
Paragraph 295
295. Notes with regret that the General Court from 2012 onwards has repeatedly exceeded the reasonable periodWelcomes the overall decrease of the duration of proceedings in 2016 noted by the Court of Auditors in its special report on case management at the Court by an average of 0,9 months at the Court of Justimce within which a litigant is entitled to expect judgement to be delivered; invites the General Court to report to Parliament’s Committeand 1,9 months at the General Court compared to 2015; welcomes the organisational and procedural actions taken by the Court to enhance its efficiency and encourages the Court to pursue its effort to ensure the con Budgetary Control to clarify the situationtinuation of a downward trend that all cases are concluded within a reasonable period of time;
Amendment 22 #
2017/2188(DEC)
Motion for a resolution
Paragraph 297
Paragraph 297
297. RegretNotes that the Court of Auditors excluded from the sampling the cases which took longer than twice the average duration; is of the opinion that not only the typical cases are relevant to assessing performancrules of conduct of référendaires was adopted by the Court in 2009 and have been provided to the Committee of Budgetary Control in the Court’s reply to the questionnaire concerning the 2016 discharge;
Amendment 1 #
2017/2145(DEC)
Proposal for a decision 1
Citation 8 a (new)
Citation 8 a (new)
– having regard to the Court of Auditors' special report No 07/2016 on 'The European External Action Service's management of its buildings around the world';
Amendment 4 #
2017/2145(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2016; / Postpones its decision on granting the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the budget of the European External Action Service for the financial year 2016;
Amendment 6 #
2017/2145(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the EEAS to continue its efforts to actively support and monitor the implementation of procurement rules and procedures in the delegations in order to improve the overall compliance and effectiveness of their tendering procedures and contract management; encourages the EEAS to consider the possibility of introducing global or regional procurement procedures covering several EU delegations to replace individual low value contracts; asks the EEAS to evaluate to what extend such an arrangement could reduce weaknesses in procurement procedures and to inform the Committee of Budgetary Control about the result of this analysis;
Amendment 7 #
2017/2145(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes thatWelcomes the follow-up to previous recommendations regarding the updating of staff members’ personal situation and related supporting documentation and the management of their family allowances haswhich have been implemented in most respects;
Amendment 9 #
2017/2145(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists on the necessity of maintaining efforts to reduce the significantTakes note of a high rate of anomalies detected in ex-ante verifications of financial transactions while noting the nature of the errors and irregularities such as the unavailability of supporting documents or ineligibility of expenditures; welcomes the extensive internal reporting system of the EEAS which allows to anticipate potential errors and hence contributes to the low level of error rate found by the Court; encourages the EEAS to take measures to reduce this high rate of anomalies; stresses, however, that a reduction of anomalies detected in ex-ante verification should not be achieved to the detriment of maintaining a low error rate;
Amendment 10 #
2017/2145(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets the persistence of the same weaknesses throughout the years with regard to ‘business continuity’ and ‘document management’ internal control standards which carry with them the risk of hindering the availability and reliability of key management information being used for the monitoring and reporting of activities and projects by the delegations; recalls that full transparency of documentation could be useful not only to improve the quality of monitoring and control, but also as an efficient instrument to prevent fraud and corruption;
Amendment 13 #
2017/2145(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its support for analysing and refining the cost-effectiveness of ex- post control by comparing the cost of ex- post control activities with the value of detected errors; regretnotes that the unit cost of detecting errors (cost per EUR) amounted to 23 cents in 2016; acknowledges that this unit cost is related to the low error rate and hence would be lower if the sum affected by error would be higher;
Amendment 15 #
2017/2145(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the importance of having a transparent and effective overview of the EEAS budget; regrets that the fragmentation of its instruments makes it difficult to access the information; asks the Vice-President of the Commission and High Representative of the Union for Foreign Affairs and Security Policy to provide full access to the data related to the costs of her missions;
Amendment 17 #
2017/2145(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes that the Vice-President of the Commission and High Representative of the Union for Foreign Affairs and Security Policy has made public data related to the cost of her missions; welcomes the Commission Decision of 31 January 2018 on the Code of Conduct for the Members of the European Commission which includes an obligation to "publish an overview of mission expenses every two months covering all missions undertaken unless publication of this information would undermine the protection of the public interest as regards public security, defence and military matters, international relations or the financial, monetary or economic policy of the Union or a Member State"; asks this rule to be extended to the High Representative in her role as head of the EEAS;
Amendment 18 #
2017/2145(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that the execution of the EEAS administrative budget, particularly for the delegations, should improve its efficiency, since certain delegations were receiving separate contributions from the Commission from 33 different budget lines regarding the administrative costs of Commission staff in delegations; stresses the need forcalls on the Commission to work in cooperation with the Council and the European Parliament toward a budgetary simplification in order to provide a transparent overview to Union citizens of the costs;
Amendment 21 #
2017/2145(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the priorities set by the High Representative and the EEAS in line with the EU Global Strategy to address global challenges, including the attention dedicated to migration issues, drugs and human trafficking, and the implementation of human rights diplomacy to better address emerging international challenges and political priorities with coordinated responses; highlights, moreover, the increasingly important role of the EEAS in international cooperation regarding peace, security and human development, as shown, among others, by its mediating and representational role in international organisations such as the UN, the negotiation and preservation of the nuclear deal with Iran, the mediating role in the Israel-Palestine conflict or the Brussels process for Syria;
Amendment 28 #
2017/2145(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates its concern regarding the gender imbalances in EEAS staff at the higher levels of administration; takes note of the slight increase of women in managerial posts and emphasises that there is still room for improvement in order to raise the current rate (22,7% of which 14% in senior management, i.e. 6 posts out of a total of 44, and 25% in middle management, i.e. 53 posts out of 215); calls on the Member States to encourage more actively women candidates to apply for EEAS posts at the management level;
Amendment 29 #
2017/2145(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is awareWelcomes, in that context, of the creation of the task forces on ‘Career Development’ and ‘Gender and Equal Opportunities’ as important milestones for improving the functioning of the EEAS by defining a more attractive career path, streamlining recruitment and the adequacy of competences as well as gender and equal opportunities;
Amendment 33 #
2017/2145(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. RegretNotes that the EEAS Mediation Service received 75 cases of conflict, harassment or poor work environment in 2016 and that 23 cases remained open at year end; calls onnotes that 26 out of 65 cases remained open at the end of 2015 and hence the relative number of open cases at the end of the year decreased in 2016; welcomes the alert system put in place by the EEAS which allows for a systematic follow-up of complaints and encourages the EEAS to continue improveing its policy in this regard in order to prevent any form of psychological and sexual harassment as well as cases of conflict;
Amendment 35 #
2017/2145(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. ObservesWelcomes the fact that the EEAS has so far complied with the inter- institutional agreement to reduce staff by 5% over a period of five years with seventeen posts being removed in 2016, the applied reduction of posts so far being 68, 16 more posts having to be identified for 2017 to reach an overall contribution of 84 posts for the EEAS over the five years period ending in 2017; is concerned that, as a result, the remaining resources available in each service don’t allow for absorption of the additional workload of the EEAS, in particular in the EU delegations; calls on the budgetary authorities to be mindful of the long-term impact of staff cuts, in particular regarding the institution’s ability to improve gender and geographical imbalances as well as the need for building on capacity of experienced officials to take over management posts, when planning the future allocation of financial resources for personnel;
Amendment 36 #
2017/2145(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the Ombudsman’s recommendation concerning the EEAS’ practice of offering unpaidWelcomes the measures taken by the EEAS to restructure its traineeship programme, in reaction to the European Ombudsman’s recommendations, and that it will offer scholarships for traineeships in Union dEU Delegations and underlines the importance of an appropriate allowance to be paid to all EEAS’ trainees since the practice of offering unpaid traineeships may lead to a discriminatory situation, endorsing only those who can afford it; takes note of the new traineeships’ scheme of the EEAS and asks for a proper and prompt implementation of the new rules in this regard; highlights that the stipends will be funded by an additional €1,2 Million, which were granted in the 2018 budget thanks to the support of the European Parliament, and that the new traineeship scheme can be seen as the result of an exemplary cooperation between EEAS, Ombudsman and Parliament; is concerned, however, that the number of offered scholarships is significantly lower than the number of traineeships in EU delegations offered in 2016; calls on the EEAS to find other ways of offering paid traineeship with a view to ensuring equal opportunities, for instance, in cooperation with universities or other public institutions;
Amendment 40 #
2017/2145(DEC)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Notes that the annual budget for the EEAS’ 185 office buildings and 144 official residences amounts to about EUR 160 million, representing 20% of the EEAS budget; acknowledges the efforts undertaken by the EEAS since the last discharge procedure to adapt and correct various components of its building policies; reaffirms, however, that the monitoring and recovery of full costs and the selection procedure have to be deepened; stresses the importance to find a balance between security issues, the environmental policy and access for disabled people and the necessity to provide more savings relating to the buildings; stresses the importance of negotiating contracts in order to offer savings and continuity in the building policy; suggests that the EEAS carries out a comprehensive analysis of all EU delegations to determine in which countries it would be more cost-effective for the delegations to buy office or residence buildings instead of renting them;
Amendment 41 #
2017/2145(DEC)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Welcomes the efforts to increase coordinated support to EU delegations regarding the building management provided by the Headquarters, including inter alia the launch of an updated version of the IT tool for Building Management (IMMOGEST)or the increase of specialised contractual staff in the Headquarters; calls on the EEAS to continue implementing the recommendations of the European Court of Auditors in its Special Report on the EEAS’ management of its buildings around the world; asks the EEAS to carry out a review of the new measures and to keep the Parliament informed about the results1a; _________________ 1aCourt of Auditors: Special report no 07/2016: The European External Action Service’s management of its buildings around the world
Amendment 42 #
2017/2145(DEC)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Considers that a thorough verification of the rental conditions or purchase options of office buildings and residences have to be ensured in any new building files or transactions to be agreed at headquarters; calls on the EEAS to continue monitoring office space to achieve the benchmarks foreseen; welcomes that the average size of delegation buildings was slightly reduced in 2016 but regrets that exceeding the ceiling of 35 m² per person for office buildings resulted in additional costs of EUR 7,4 million; acknowledges that the delegations are constrained in their ability to decrease the size of buildings when, for instance, they are bound by existing lease contracts or because of a higher need for meeting rooms;
Amendment 2 #
2017/2143(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the European Ombudsman discharge in respect of the implementation of the budget for the financial year 2016; / Postpones its decision on granting the European Ombudsman discharge in respect of the implementation of the budget for the financial year 2016;
Amendment 7 #
2017/2143(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that of the total appropriations, 95,40% were committed (92,32% in 2015) and 85,89% paid (86,19% in 2015), with a utilisation rate of 95,40% (92,32% in 2015); notwelcomes the increase in the utilisation rate;
Amendment 8 #
2017/2143(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Acknowledges the pivotal role of the Ombudsman in promoting good governance and ensuring the participation of civil society in the EU; notes that the Ombudsman closed 5 strategic inquiries and opened 4 new ones in 2016 on issues related, among others, to transparency and conflict of interests; encourages the Ombudsman to pursue its strategic work with the aim of promoting the good governance of Union institutions;
Amendment 11 #
2017/2143(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotesWelcomes the fact that the organisation chart of the Ombudsman has been clarified and is available in its website;
Amendment 13 #
2017/2143(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the fact that critical remarks the Ombudsman addressed to the different institutions in 2015 had a quite low rate of satisfactory follow-up (41%); recommends that, after identifying the reasons for that low rate, the Ombudsman analyse possible solutions to overcome the institutions’ resistance to acting on those remarksNotes the results achieved in the complaints handling in 2016 and welcomes the fact that the Union institutions complied with the Ombudsman’s decisions at a rate of 84% (83% in 2015); notes that this has been the second highest rate of compliance with its decisions and/or recommendations so far; takes note that the rate of follow-up to critical remarks was of 63% in 2016 (41% in 2015); takes note and welcomes the Ombudsman’s report ‘Putting it Right’, which provides an analysis of how institutions complied with the Ombudsman’s recommendation and a breakdown per institution;
Amendment 16 #
2017/2143(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of making Union citizens aware of the possibility to turn to the Ombudsman in case of maladministration; reiterates its call for clowelcomes the Ombudsman’s efforts to step up her communication activities and increaser cooperation betweenamong ombudsmen to increase public awareness about her work; acknowledges that the Ombudsman anhas addressed the Parliament’s Committee on Budgetary Control irepeatedly and encourages further cooperation on its strategic work concerning its inquiries and initiatives;
Amendment 19 #
2017/2143(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the gender balance at management level and within the administrators; encourages the Ombudsman to maintain this trend and to do the necessary to improve the still considerable geographic imbalance;
Amendment 21 #
2017/2143(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes the persisting geographical imbalance; notes that two of three managers from the Ombudsman’s Member State occupied managerial positions in the Office for many years before the election of the present Ombudsman and are officials, whereas the third joined as a head of Cabinet at the beginning of the present’s Ombudsman’s office; acknowledges that it is therefore difficult to change the situation in the short-term, but encourages the Ombudsman to strive for geographical balance in management positions in the long-term;
Amendment 22 #
2017/2143(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Observes the Ombudsman’s plan to comply with the interinstitutional agreement to reduce staff by 5% over the period of five years; asks to be informed how this reduction can be reconciled with the recruitmenttakes note from the follow-up report to the discharge 2015 that the initial 2016 estimates to create five new posts were amended and the final version resulted in the net decrease of onew staff in 2016 member of staff;
Amendment 23 #
2017/2143(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Acknowledges that the Ombudsman is experiencing a significant increase in complaints and takes note of the intent to request a moderate budget increase to hire extra multi-lingual staff which the Ombudsman has expressed in its address to the European Parliament on its Annual Report 2016; is concerned that, as a result of the staff reduction, the remaining resources available in each service don’t allow for absorption of the increasing workload; calls on the budgetary authorities to be mindful of the long-term impact of staff cuts, in particular regarding the institution's ability to improve gender and geographical imbalances as well as the need for building on capacity of experienced officials to take over management posts, when planning the future allocation of financial resources for personnel;
Amendment 26 #
2017/2143(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. RegretAcknowledges that there is still one ongoing complaint made to the European Data Protection Supervisor (EDPS) concerning the Ombudsman in 2016; asks for details of the complaints to be provided to thenotes that the Ombudsman’s Office is, in close cooperation with the EDPS, reviewing the Office’s procedure for handling personal data of third parties in complaints and inquiries; asks the Ombudsman's Office to keep Parliament’s Committee on Budgetary Control informed about the outcome of the review;
Amendment 28 #
2017/2143(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the lack of data from 2016 in different sections of the Ombudsman’s annual activity report for 2016; urges the Ombudsman toTakes note of the follow up to the 2015 discharge which was provided to the follow up to the 2015 discharge,Committee on Budgetary Control in compliance with Article 166 of the Financial Regulation.;
Amendment 2 #
2017/2142(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2016; / Postpones its decision on granting the Secretary- General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2016;
Amendment 8 #
2017/2142(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note that on the basis of its audit work, the Court of Auditors concludedWelcomes the conclusion of the Court of Auditors on the basis of its audit work that the payments as a whole for the year ended on 31 December 2016 for administrative and other expenditure of the institutions and bodies were free from material error;
Amendment 9 #
2017/2142(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that in 2016 the Committee had an approved budget of EUR 90 500 000 (EUR 88 900 000 in 2015), of which EUR 89 400 000 were commitment appropriations with a utilisation rate of 98,7 %; notwelcomes the increase of the utilisation rate in 2016;
Amendment 12 #
2017/2142(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the Committee’s budget is, despite its political activities, considered as purely administrative, with a large amount being used on expenditure concerning persons working within the institution and the remaining amount relating to buildings, furniture, equipment and miscellaneous running costs; underlines the importance of the Committee applying the performance based budget principles in its daily operations; asks the Committee to duly and regularly inform Parliament on the progress made in this matter;
Amendment 13 #
2017/2142(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importance of a positive assessment ofdeepening the cooperation with the European Parliament based on the cooperation agreement between the Committee and the European Parliament and asks to be kept informed of developments; asks that the Committee’s strategy strengthen connections first of all with Parliament, but also with other Union institutions;
Amendment 15 #
2017/2142(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinion that a joint assessment of the budgetary savings resulting from the cooperation between the Committee and Parliament is of interest to both institutions and to Union citizens; suggests thato the Committee proposeand the Parliament to consider carrying out thatis exercise to Parliament as a complement to the ongoing political strategic dialogue;
Amendment 16 #
2017/2142(DEC)
7. Welcomes the administrative cooperation agreement between the Committee and the European Economic and Social Committee, which entered into force in 2016 and provides for shared translation and logistics directorates; considers this a good basis for potential economic savings in both committees; trusts that this agreement will also prompt cooperation in other areas; requests a detailed plan and description of the committees’ activities in those areas; believes that this agreement will ensure also further efficiency in both committees’ performance and economic savings;
Amendment 17 #
2017/2142(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. NotesWelcomes the fact that the targets set by the Committee in 2016 to increase the involvement of Parliament and the Council in activities related to the Committee’s opinions have been achieved only modestly as far as Parliament is concerned; requests that the Committee make greater efforts in this regardand, in some cases, even surpassed; encourages the Committee and the European Parliament to reciprocally seek to improve their cooperation on common files by inviting each other’s Rapporteurs to present their opinion in the respective European Parliament Committee or in the Committee of the Regions;
Amendment 18 #
2017/2142(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the reopening of the direct access between the RMD and the REM buildings following the decision by Belgian authorities to reduce the threat level for European Institutions; believes that this will facilitate the communication and cooperation between the European Parliament and the Committee; calls on both institutions to inform Members and staff about the reopening of the passage;
Amendment 20 #
2017/2142(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the Committee to ensurestrive for an overall execution rate for payments of around 90%;
Amendment 21 #
2017/2142(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the inclusion of data on the missions undertaken by the Committee’s members in its annual activity report; asks the Committee to provide a list of the events attended by its members inwelcomes the list of events attended by its members in 2016 provided to the Committee of Budgetary Control in annex to the answers to the written questionnaire for the discharge 2016 and asks the Committee to provide such a list for 20167 in an annex to its annual activity report for 2017;
Amendment 24 #
2017/2142(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is still concerned with the continued shortage of women holding senior and middle management posts; notregrets the decrease of women in management positions from 37% in 2015 to 33% in 2016 due to the appointment of five officials, out of which only one is a woman; welcomes the adoption of a new five-year equal opportunities strategy foreseeing actions to strive for a more balanced gender representation, particularly in management positions; encourages the Committee to improve its performance in this regard;
Amendment 26 #
2017/2142(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the Committee's compliance with targets set with regards to the inter-institutional agreement to reduce staff by 5% over the period of five years; notes that as a result of the transfer of staff to the European Parliament, the Committee has reduced the number of posts in the establishment plan by almost 8%; is concerned that, as a result, the remaining resources available in each service don’t allow for absorption of the additional workload in case of unforeseen absences or in case of additional tasks limited in time; calls on the budgetary authorities to be mindful of the long-term impact of staff cuts, in particular regarding the institution's ability to improve gender and geographical imbalances as well as the need for building on capacity of experienced officials to take over management posts, when planning the future allocation of financial resources for personnel;
Amendment 29 #
2017/2142(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes thatWelcomes the slight decrease of the number of days of sick leave within the Committee staff has slightly decreased; underlines the importance of putting in place measures for improving wellbeing at work but also of duly verifying absences;
Amendment 31 #
2017/2142(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Observes thatWelcomes the communication strategy of the Committee which is geared towards reconnecting Europe with its citizens, with activities organised in several Member States and online surveys; supports the organisation of citizen dialogues and asks for a regular improvement of those initiatives, in order to duly involve Union citizens and expand the outreach to all Member States; invites the Committee to communicate detailed results in this regard in its annual activity report for 2017;
Amendment 33 #
2017/2142(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the translation output objective was not achieved and that therefore further rationalisation measures are needed; asks the Committee to include detailed information in this regard in its annual activity report for 2017; notes the increasing outsourcing rate for translation and stresses the need to assess the possibility of further inter-institutional cooperation with regard to translation;
Amendment 37 #
2017/2142(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 41 #
2017/2142(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that there has been a decision by the Civil Service Tribunal in the case of the Committee's former internal auditor in November 2014; acknowledges that the Civil Service Tribunal ruled that the Committee must indemnify the former internal auditor yet further dismissed the allegations made by him; underlines that the Committee has promptly complied with the Tribunal's decision and paid the indemnities; considers therefore that the Committee has done its part to bring the case to a just, honourable and equitable settlement as requested by the Committee on Budget Control in the discharge report for the year 2015; notes that the former internal auditor has lodged a new case against the Committee in November 2015; notes that a hearing has taken place in December 2017 and that the Court's ruling is expected in summer 2018; observes that the Committee has no influence either on the plaintiff having lodged a new case nor on the timetable of the Court;
Amendment 2 #
2017/2141(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2016 / Postpones its decision on granting the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2016;
Amendment 6 #
2017/2141(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note that on the basis of its audit work,Welcomes the conclusion of the Court of Auditors concluded the basis of its audit work that the payments as a whole for the year ended on 31 December 2016 for administrative and other expenditure of the institutions and bodies were free from material error;
Amendment 11 #
2017/2141(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned with the high amount of expenditure related to travel expenses and allowances of the Committee members; notes that the final appropriations for travel and subsistence allowances for members were EUR 19 561 194; calls on the Committee to provide a welcomes the detailed breakdown of members’ expenditure, particul concerning item 1004 which the Committee submitted to the Committee on Budgetarly those concerning item 1004,Control and asks the Committee to include this breakdown for the year 2017 in its next annual activity report, and asks for; encourages the adoption of appropriate measures in order to make savings and reduce environmental pollution; urgescalls on the Committee members to increase thassess the potential of wide use of videoconference and telepresence facilities, which may contribute to economic savings, such as on travel expenses;
Amendment 16 #
2017/2141(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Observes that the Committee declares that there is scope for further developing the cooperation agreement between the Committee and the European Parliament; trusts that further development of synergies will bring positive results to both parties; takes note of the progress of the cooperation between the Committee and the European Parliament, namely the contacts between the Committee president and its Bureau and Parliament's Conference of Committee Chairs; calls on the Committee tofor further strengthen itsing the contacts withbetween the Committee and the chairs and the rapporteurs of Parliament’s Committee on Budgetary Control in order to ensure better follow-up to the contribution ithe Committee gives to the Union legislative process;
Amendment 19 #
2017/2141(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that a joint assessment of the budgetary savings resulting from the cooperation between the Committee and Parliament is of interest to both institutions and to the Union citizens; suggests that the Committee propose that exercise tois exercise be conducted jointly with the European Parliament as part of the strategy to strengthen contacts between the two institutions; is aware that the Committee is building up a capacity in terms of policy assessment for accompanying its role in the legislative process as a consultative body; asks the Committee to submit to the discharge authority a detailed analysis of the functioning of those activities in its next annual activity report;
Amendment 21 #
2017/2141(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the reopening of the direct access between the RMD and the REM buildings following the decision by Belgian authorities to reduce the threat level for the European institutions; believes that this will facilitate the communication and cooperation between the European Parliament and the Committee; calls on both institutions to inform Members and staff about the reopening of the passage;
Amendment 22 #
2017/2141(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the agreement to transfer some Committee posts to Parliament has been concluded and that the established staff plan is complying with the interinstitutional agreement to reduce staff by 5% over tWelcomes the Committee's compliance with targets set with regards to the inter-institutional agreement to reduce staff by 5% over the period of five years; notes that as a result of the transfer of staff to the European Parliament, the Committee has reduced the number of posts in the establishment plan by 8 %; calls on the budgetary authorities to be mindful of the long-term impact of staff cuts, in particular regarding the institution's ability to improve gender and geographical imbalances as well as the need for building on capacity of experienced officials to take over management posts, when perlanning the future allocatiodn of five years; nancial resources for personnel;
Amendment 29 #
2017/2141(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with interest thatWelcomes the proportion of women holding middle management position in the Committee which is above 40%; encourages the Committee to make additional efforts in order to achieve the same results insofar as senior management positions are concerned and to do the necessary to improve the still considerablfurther reduce the geographic imbalance;
Amendment 32 #
2017/2141(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes thatWelcomes the increase of the Committee media coverage increased by around 30 % in 2016; observes the setup of the social media network and looks forward to hearing its achievements;
Amendment 40 #
2017/2141(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. RegretNotes the case linked to harassment in the Committee which cost it EUR 55 772; regrets the occurrence of the case but welcomes that it was duly followed- up; calls on the Committee to improve its policy in this regard in order to further prevent any form of psychological and sexual harassment.
Amendment 2 #
2017/2140(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2016 / Postpones its decision on granting the Secretary-General of the Court of Auditors discharge in respect of the implementation of the budget of the Court of Auditors for the financial year 2016;
Amendment 6 #
2017/2140(DEC)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the European Parliament resolution of 4 February 2014 on the future role of the Court of Auditors. The procedure on the appointment of Court of Auditors’ Members: European Parliament consultation (2012/2064(INI))1a _________________ 1a Text adopted, P7_TA(2014)0060
Amendment 10 #
2017/2140(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes note of the Court’s opinion No 1/2017 on the revision of the Financial Regulation where it is proposed to update the arrangement for the audit of the decentraliszed agencies; regrets that in the legislative proposal does not foresecontext of the revision of the Financial Regulation, no inter-institutional agreement could be found which would ensure any reduction of the excessive administrative burden that continues to be borne by the decentralised agencies; reminds the Court that the audit of the decentralised agencies "remain under the full responsibility of the Court, whiresulting from the current arrangement; invites the Court to make a proposal on how the current arrangement could be improved and how such manages all administrative and procurement procedures required"6 ; _________________ 6Agreement of the Parliament, the Council and the Commission in paragraph 54 improvement could contribute to the synchronization of the Court's annual report and the annual reports ofn the Common Approach.agencies;
Amendment 12 #
2017/2140(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Observes that the Court is complying with the interinstitutional agreement to reduce staff by 5% over a period of five years; asks to be informed how this reduction matches with the 19 recruitments made in 2016is concerned that, as a result, the remaining resources available in each service do not allow for absorption of additional workload; calls on the budgetary authorities to be mindful of the long-term impact of staff cuts, in particular regarding the institution's ability to improve gender and geographical imbalances as well as the need for building on the capacity of experienced officials to take over management posts, when planning the future allocation of financial resources for personnel;
Amendment 15 #
2017/2140(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regrets that within the members of the Court there was a gender imbalance of three women to 25 men; welcomes that the number of women went up to four in 2016; reiterates its support for the criteria for appointment of Members of the Court endorsed in its resolution on the future role of the Court of Auditors adopted on 4 February 20141a; _________________ 1a Text adopted, P7_TA(2014)0060
Amendment 17 #
2017/2140(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note of the creation of a post- graduation university diploma in “Audit of public organisations and policies” and a master’s degree programme on “Management of public organisations” in cooperation with the University of Lorraine; asks the Court to clarify whether the course laureates are being oriented towards a career in Union institutions and bodies which both are targeted at the continuous professional development of the staff of the Court;
Amendment 1 #
2017/2139(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Registrar of the Court of Justice of the European Union discharge in respect of the implementation of the budget of the Court of Justice of the European Union for the financial year 2016 / Postpones its decision on granting the Registrar of the Court of Justice of the European Union discharge in respect of the implementation of the budget of the Court of Justice of the European Union for the financial year 2016;
Amendment 18 #
2017/2139(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that the Civil Service Tribunal ceased to exist on 1st September 2016 and therefore its activity must be considered over a period of only eight months; notes that it completed 169 cases and had 77 new cases, with a considerable decrease in the number of pending cases (compared to 231 in 2015, and 139 in 2016); welcomes the information included in the CJEU’s proposals on the reform of the Court’s Statute which was submitted to the Parliament in the annex of the reply to the discharge questionnaire for 2016; reiterates its call for an in-depth assessment of the ten years of the tribunal’s existence;
Amendment 22 #
2017/2139(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with regret that in 2016, the General Court exceeded the reasonable period of time within which a litigant is entitled to expect judgement to be delivered; calls on the Court to include in its annual activity report the number of cases where it exceeded the reasonable period of time, whether the litigant asked Welcomes the overall decrease of the duration of proceedings in 2016, noted by the Court of Auditors in its Special Report No 14/20171a by an average of 0,9 months at the Court of Justice and 1,9 months at the General Court compared to 2015; welcomes the organisational and procedural actions taken by the CJEU to enhance its efficiency and encourages the Court to pursue its effort to ensure the continuation of a downward trend so that all cases are concluded within a reasonable period of time; _________________ 1aCourt of Auditors Special Report No 14/2017 "Perfor man indemnity andce Review of case management at the amCounrt of any corresponding payment;Justice of the European Union".
Amendment 26 #
2017/2139(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that one of two judges for the Tribunal of First Instance who were appointed on 1 April until 31 August 2016 was paid an installation allowance (EUR 18 962,25), in accordance with Article 4 (a) of Council Regulation (EU) 2016/3001a, travel expenses (EUR 493,10) in accordance with Article 4 (c) of that Regulation, and removal expenses (EUR 2 972,91) in accordance with its Article 4 (d); notes, moreover, that the same judge was paid a transitional allowance for six months amounting, in total to EUR 47 070, at the end of the mandate; criticises that the total allowance of EUR 69 498,26 is not proportionate to a mandate of less than four months; calls on the CJEUt to consider whether the duration of the mandate is proportionate to the above mentioned allowances when appointing future judges; calls on the Council to reconsider the conditions and amounts of these allowances and revise Council Regulation (EU) 2016/300 accordingly; _________________ 1aCouncil Regulation (EU) 2016/300 of 29 February 2016 determining the emoluments of EU high-level public office holders (OJ L 58, 4.3.2016, p. 1).
Amendment 30 #
2017/2139(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Criticises the Court for refusing access for the Court of Auditors to all the documents relevant in audit of the performance review of the CJEU and for only allowing the auditors to consult publicly available documents; reminds the CJEU that the Court of Auditors’ Members and its auditors are bound by confidentiality and professional secrecy in the performance of their duties6 ; regrets that référendaires could not be interviewed despite their crucial role in the CJEU’s work; _________________ 6Please see the Code of Conduct for Members of the European Court of Auditors in article 6 and the Ethical guidelines for the European Court of Auditors applying to the staff in paragraph 4 concerning professional secrecyNotes that the Court of Auditors did not have access to certain documents; underlines that some documents should remain restricted to the Judges, Advocates-General and selected CJEU staff due to the Treaty obligation to maintain the secrecy of the deliberative process6a; calls on the CJEU to provide access for the Court of Auditors to all documents it needs for its audits to the extent as this does not infringe the obligation to maintain secrecy of the deliberative process; _________________ 6aArticle 35 of Protocol No 3 on the Statute of the Court of the European Union.
Amendment 35 #
2017/2139(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the référendaires are very influential within the CJEU but that their role and the rules governules of conduct for référendaires were adopted by the CJEU in 2009 and have been provided to the Committee of Budgetary Control ing their conduct remain unknown to the outside world CJEU’s reply to the questionnaire concerning the 2016 discharge;
Amendment 49 #
2017/2139(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Notes that the CJEU offered 245 traineeships in 2016; regrets that 188 traineeships in cabinets were not remunerated; calls on the CJEU to find a solution to provide a decent remuneration to all trainees working in the institution with a view to ensuring equal opportunities;
Amendment 54 #
2017/2139(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Notes the further experience gained as to open space offices; is concerned that advantages such as the reduction of space needs, gains in terms of easier communication and higher flexibility could be outbalanced by lower confidentiality, constraints on work on files which require high concentration and a loss of privacy; calls on the CJEU to evaluate the positive and negative effects on working conditions, taking into consideration the staff's needs, and to inform the Parliament about the result of this evaluation;
Amendment 8 #
2017/2138(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the European Ombudsman found in its strategic inquiry on the ‘Transparency of the Council legislative process’ (OI/2/2017/TE), concluded on 9 February 2018, that the current practice of the Council which inhibits the scrutiny of draft EU legislation constitutes maladministration; urges the Council to comply with the Ombudsman’s recommendations and suggestions for improvement to facilitate the public’s access to documents; underlines the importance of transparency for the Council to be accountable to EU citizens in its role as an EU legislator; asks to be informed about the Council’s reply and the progress of the procedure;
Amendment 54 #
2017/2137(DEC)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls that the mandate of Members of the European Parliament is incompatible with a number of offices, including that of a mandate in a national parliament; asks the Bureau to draw up the necessary rules to exclude the possibility for Members to have an additional mandate in a Member State regional parliament with legislative powers and a full-time parliament schedule comparable to those of national parliaments;
Amendment 380 #
2017/2136(DEC)
Motion for a resolution
Paragraph 247 – point b a (new)
Paragraph 247 – point b a (new)
(ba) the a priori preference for Member state agencies in some of the Trust Funds constitutive agreements leads to a conflict of interests rather than an incentive for Member states to provide more financial resources;
Amendment 381 #
2017/2136(DEC)
Motion for a resolution
Paragraph 248
Paragraph 248
248. Recalls in particular that the Trust Fund for Africa is worth over €3.2 billion, with over €2.9 billion coming from the European Development Fund (EDF) and EUR 228.667 million from other donors); criticizes that the involvement of the EDF in Trust Funds further limits the possibility for the Parliament to scrutinize EU spending;
Amendment 390 #
2017/2136(DEC)
Motion for a resolution
Paragraph 254
Paragraph 254
254. Calls on the Commission to develop a standardized impact assessment to identify whether the establishment of a trust fund is the most suitable option; calls on the Commission to consider putting an end to trust funds that are unable to attract a significant contribution from other donors; or that do not provide an added value as compared to ‘traditional’ EU external instruments;
Amendment 1 #
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 effectivelyTakes note that 25.500 people died in 2016 on European roads and a further 135,000 were seriously injured, causing a devastating human suffering but also economic costs; recognises that improving road safety in the EU is of utmost importance to reduce the amount of fatalities and serious injuries and begins with ensuring that existing and future provisions can be implemented and checked effectively; therefore welcomes the list of safety technologies published by the Commission for inclusion in the next revision of the rules; calls on the Commission to come up with an ambitious proposal of the General Safety Regulation and Pedestrian Protection Regulation within the next six months; calls, in that regard, for increased best practice sharing and independent and peer reviews of type approval and technical services in the Union; calls, in addition, for greater and more independent post-market surveillance of vehicles on roads across the Union to ensure that they continue to conform to safety criteria;
Amendment 12 #
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; stresses, further, that jointly with the vehicle recall, consumers being harmed by non- conformity of type approval should be adequately compensated by financial means, and that recall programmes only should not be seen as an appropriate measure of compensation in general; considers that by withdrawal of the type approval due to noncompliance or nonconformity, the owner of the affected vehicle should have the right of full reimbursement of the manufacturer for the damage caused by the purchase of this vehicle;
Amendment 27 #
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; reminds regarding the digital revolution and the rising importance of automated and connected driving, the protection of the consumer´s data in the vehicle should have the highest possible standards and where the data processing and forwarding is not mandatory for the safe functioning of the vehicle, consumers must be able to stop the data transfer to the vehicle manufacturer easily; calls for continuing research and the development of new standards in autonomous emergency braking, lane keeping assistance and reverse detection technologies for motor vehicles, high vision cabins and front-end blind spot cameras and detection for HGVs.; calls for a better and a more effective collection and exchange of information and data between all stakeholders regarding the research of the real cause of the accidents;
Amendment 6 #
2017/2073(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the EU framework should address disproportionate barriers while fully preserving the protection of public interest objectives, such as consumer protection, thus ensuring high quality of the service provided;
Amendment 16 #
2017/2073(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas professional mobility combined with a high level of protection of public interest objectives can significantly contribute to sustainable economic growth in the EU;
Amendment 19 #
2017/2073(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that regulated professions play a fundamental role in the EU economy, representing a significant part of the occupation rate as well as an important share of the added value in the Union; believes, furthermore, that the quality of professional services is of paramount importance for preserving the EU economic, social and cultural model and to strengthen the competitiveness of the EU;
Amendment 41 #
2017/2073(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges the improvements to the database of regulated professions made by the Commission, including the creation of an interactive map, allowing citizens to check the professional access requirements across the EU and to visualise more easily which profession is regulated in a given Member State; calls on the Commission to further improve the database for regulated professions, in order to facilitate timely and accurate notification of the information by competent authorities and thus enhance transparency for EU citizens;
Amendment 49 #
2017/2073(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that some Member States did not consult the relevant stakeholders in an appropriate manner while preparing the NAPs; believes that a transparent flow of information between public institutions and stakeholders is necessary to effectively address issues and challenges affecting professions; calls for a broader involvement of all interested parties in the future;
Amendment 72 #
2017/2073(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such aseither explicitly mentioned in the Treaty, such as public policy, public security and public health, or recognized by the Court of Justice case-law, which may continue to evolve; among others, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, combating fraud and prevention of tax evasion and avoidance, the protection of the environment, and the preservation of national historic and artistic heritage and social and cultural policy objectives; acknowledges the margin of appreciation of Member States in determining the ways to achieve this;
Amendment 86 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that the Panama Papers and other recent scandals have revealed the role of European enablers and intermediaries, including lawyers, accountants, wealth managers and other professionals, in setting up offshore structures facilitating tax avoidance and evasion and money laundering; underlines the necessity to better regulate these actors at European and national level in order to effectively tackle these phenomena;
Amendment 90 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls for a shift in the regulatory framework for intermediaries and enablers advising on tax matters, including clear regulation, appropriate public supervision, effective sanctions and compulsory codes of conducts at EU level; calls on the European Commission to ensure that actors advising on tax matters are adequately regulated and to propose harmonised rules in this area, creating an EU framework regulating all professionals advising on tax matters;
Amendment 107 #
2017/2073(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Highlights the importance of education, skills development and entrepreneurial training to ensure that professionals in the EU remain competitive and able to face the transformational changes that affect the liberal professions as a consequence of innovation, digitalization and globalization; stresses the close connection between the knowledge of a professional and the quality of service provided; notes the important role that should be played by higher education and research institutions in this regard;
Amendment 108 #
2017/2073(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Calls on the Member States to properly analyse the needs of the market for professional services in future decades and to develop policies making EU professional services globally competitive;
Amendment 114 #
2017/2073(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that new technologies will be unlikely to replace human beings in making ethical and moral decisions; points out, in this regard, that rules on the organization of professions, including rules on supervision by public bodies or professional associations could play an important role and help to share equitably the benefits of digitalisation;
Amendment 117 #
2017/2073(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to continue keeping the Parliament regularly informed on the state of play in relation of the compliance with the Directive by the Member States;
Amendment 17 #
2017/2067(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of the application of high standards of cyber- security in all Member States in order to prevent cyber-attacks and hacking;
Amendment 6 #
2017/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls Parliament’s view that the duration of the MFF should be reduced from seven to five years so that it is aligned with the political mandate periods of Parliament and the Commission1 1; points out that in 2020 there will be an opportunity to bring the long-term strategy cycle in line with the budgetary cycle, and strongly recommends that this opportunity be taken; considers that the Commission should also examine the possibility of introducing a rolling programme in which each MFF, while having the same duration as now, would partially cover the previous one, on the premise that overlapping could help mitigate naturally existing peaks and troughs;recalls its view that, given the rapidly changing political environment and with a view to ensuring greater flexibility, some elements of the MFF should be agreed for 5 years while others, notably those related to programmes requiring longer-term programming and/or policies foreseeing complex procedures for the establishment of implementation systems, such as cohesion policy or rural development, should be agreed for a period of 5+5 years with compulsory mid-term revision. __________________ 1 See paragraph 73 of its resolution of 6 July 2016 on the preparation of the post electoral revision of the MFF 2014-2020: Parliament’s input ahead of the Commission’s proposal (Texts adopted, P8_TA(2016)0309) and paragraph 5 of its resolution of 27 April 2017 with observations forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III – Commission and executive agencies (Texts adopted, P8_TA(2016)0309).
Amendment 41 #
2017/2052(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 47 #
2017/2052(INI)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Reiterates its call for a simplification of the cohesion’s policy management system at all governance level and of the control system, which should be more based on cross-reliance and cooperation between different audit authorities in order to reduce the administrative burden; is of the opinion that the economic, social and territorial Cohesion Policy of the Union should focus more on the specific needs of the respective regions with a view to addressing their real weaknesses and fostering their strengths;
Amendment 53 #
2017/2052(INI)
Draft opinion
Paragraph 14
Paragraph 14
Amendment 54 #
2017/2052(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Is of the opinion that regional and local partners should not be held liable through cuts in EU funding for non- compliance at a different level within a given Member States;
Amendment 80 #
2017/2052(INI)
Draft opinion
Paragraph 24
Paragraph 24
24. Recalls that in its resolution accompanying the discharge 20156 , [1],Parliament called on the Commission to fundamentally reconsiderpropose necessary updates of the design and delivery mechanism for the ESIFs taking into account also the suggestions of the high level simplification group in order to strengthen the cohesion policy contribution to tackle disparities in inequalities between Union regions and Member States and to foresee, for the next programming period, more manageable and measurable performance indicators; insists that all future expenditure should focus on programmes, with proven EU added value, designed to deliver results at minimum cost, and that performance should be at the centre of the next generation of all programmes and schemes together with better geographical balance, which should ensure a fair distribution of financing across Europe; __________________ 6 See paragraph 190 of the resolution of 27 April 2017 with observations forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section III – Commission and executive agencies (Texts adopted, P8_TA(2016)0309).
Amendment 84 #
2017/2052(INI)
Draft opinion
Paragraph 25
Paragraph 25
Amendment 85 #
2017/2052(INI)
Draft opinion
Paragraph 25
Paragraph 25
25. Points out that the EU-27 should consider halting commitments, or doing less, in domains where the Union is perceived as having limited added value, or as being unable to deliver on promises; believes, however, that there should be a clearly stated link between the aims and the allocated funds, that where ambitious aims are set, sufficient funds should be allocated, and that where new goals are set, new resources should be presented; stresses that taken altogether, EU finances should be able to meet the financing needs of new priorities, such as countering terrorism, managing migration by better addressing the root causes, improving integration and through border controls among other things, and minimising the effects of the possible financial gap resulting from Brexit;
Amendment 87 #
2017/2052(INI)
Draft opinion
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to improve its strategy to communicate the added value of EU funds to the citizens and counter the dissemination of distorted facts which threaten to undermine the trust of citizens in the EU.
Amendment 97 #
2017/2052(INI)
Draft opinion
Paragraph 28
Paragraph 28
Amendment 101 #
2017/2052(INI)
Draft opinion
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls that financial instruments are not suited for all kind of interventions in policy fields such as the cohesion policy; points out that loans, equity or guarantees can play a complementary role, but they should be used with caution, based on appropriate ex-ante assessment and grants should be complemented only where such financial instruments demonstrate an added value and could have a leverage effect by attracting additional financial support;
Amendment 475 #
2017/2052(INI)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80a. Calls for measures to improve the protection of the EU’s traditional own revenue sources from fraud; calls to propose an EU action programme within the new Multiannual Financial Framework to contribute to the completion and financial sustainability of the customs European Information Systems;
Amendment 50 #
2017/0251(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Information on whether an economic operator is a certified taxable person should be accessible via the VIES system.
Amendment 71 #
2017/0251(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 Directive 2006/112/EC
Article 1 – paragraph 1 – point 1 Directive 2006/112/EC
4a. Where the status of certified taxable person is granted, that information shall be made available via the VIES system. Changes to that status shall be updated in the system without delay.
Amendment 86 #
2017/0251(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2006/112/EC
Article 138 – paragraph 1 – point b
Article 138 – paragraph 1 – point b
(b) the taxable person or non-taxable legal person for whom the supply is made is identified for VAT purposes in a Member State other than that in which dispatch or transport of the goods begins and possesses a VAT identification number accessible via the VIES;
Amendment 32 #
2017/0237(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Despite considerable progress made in protecting consumers in the Union, further improvements in protecting the rights of rail passengers are still to be made, especially regarding the access to information and compensation in case of delay.
Amendment 34 #
2017/0237(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Granting the same rights to rail passengers taking international and domestic journeys should raise the level of consumer protection in the Union, ensure a level playing-field for railway undertakings and guarantee a uniform level of rights for passengers, especially regarding their access to information and compensation in case of delay.
Amendment 35 #
2017/0237(COD)
Proposal for a regulation
Recital 6
Recital 6
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 44 #
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, 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 and should be available publicly.
Amendment 49 #
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. All prices, tickets and travel options should be available online on a customer friendly interface. Customers should have the possibility to compare all prices, tickets and travel options without any discrimination or restriction. 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 82 #
2017/0237(COD)
Proposal for a regulation
Recital 24
Recital 24
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 178 #
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.
Amendment 197 #
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 mobilityassengers shall be permitted to buy tickets on board the train at no extra cost.
Amendment 280 #
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 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 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 41 #
2017/0228(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The digitisation of the economy is accelerating. Information and Communications Technology (ICT) is no longer a specific sector but the foundation of all modern innovative economic systems and societies. Electronic data is at the centre of those systems and can generate great value when analysed or combined with services and products. At the same time, cybersecurity represents one of the major threats to our societies. Securing network and information systems in the European Union is essential for the further development of the online economy, as well as for ensuring that there is trust in the digital economy as a whole. Consequently, this Regulation and the ENISA Regulation [2017/0225(COD)] need to be fully consistent with one another.
Amendment 46 #
2017/0228(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The freedom of establishment and the freedom to provide services under the Treaty on the Functioning of the European Union apply to data storage or other processing services. However, the provision of those services is hampered or sometimes prevented by certain national or federal requirements to locate data in a specific territory.
Amendment 53 #
2017/0228(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Such obstacles to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national or federal laws of Member States to locate data in a specific geographical area or territory for the purpose of storage or other processing. Other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the Union, such as requirements to use technological facilities that are certified or approved within a specific Member State. Legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements further limits the choices available to market players and to the public sector regarding the location of data storage or other processing.
Amendment 72 #
2017/0228(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Under Regulation (EU) 2016/679, Member States may neither restrict nor prohibit the free movement of personal data within the Union for reasons connected with the protection of natural persons with regard to the processing of personal data. This Regulation establishes the same principle of free movement within the Union for non-personal data except when a restriction or a prohibition would be justified for security reasons. Regulation (EU) 2016/679 and this Regulation provide a coherent set of rules that cater for free movement of different types of data. In the case of mixed data sets, Regulation (EU) 2016/679 should apply to the personal data part of the set, and this Regulation should apply to the non-personal data part of the set. Where non-personal and personal data are inextricably linked, this Regulation should not prejudice the application of Regulation (EU) 2016/679. The protection of the privacy of natural and legal persons as well as the protection of the processing of personal data, in particular Regulation (EU) 2016/679, Directive (EU) 2016/680 and Directive 2002/58/EC shall not be affected by this. Furthermore, this Regulation does not impose an obligation to store the different types of data separately.
Amendment 78 #
2017/0228(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Whereas data that is neither personal nor non-personal does not exist by definition, new technological advancements in big data analytics have opened up for the possibility to turn anonymised non-personal data into personal data by comparing and aggregating large quantities of non- personal data. In this case, the line between personal data and non-personal data is not fixed but rather depends upon technological developments and new uses of technologies. In these instances, where non-personal data has become personalised, the data should be treated as such and the provisions laid down in Regulation (EU) 2016/679 should apply accordingly.
Amendment 82 #
2017/0228(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) The growing availability of Internet of Things (IoT) and the development of machine learning and Artificial Intelligence (AI) goes hand in hand with the proliferation of devices that collect non-personal data. These new technologies are already used in farm productivity, translation, manufacturing robots and navigation systems among others. However, data collected within certain industries could contain both personal and non-personal data and should be treated under the Regulation (EU) 2016/679 and this regulation respectively.
Amendment 83 #
2017/0228(COD)
Proposal for a regulation
Recital 10 c (new)
Recital 10 c (new)
(10c) The Commission should provide clear and easily accessible guidelines on the legal treatment of mixed data sets in order for especially SMEs to handle the interaction between this Regulation and Regulation (EU) 2016/679.
Amendment 93 #
2017/0228(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The concept of ‘public security’, is understood within the meaning of Article 52 of the TFEU and as interpreted by the European Court of Justice. The concept of ‘public security’ covers both the internal and external security of a Member State. Public security presupposes the existence of a genuine and sufficiently serious threat affecting one of the fundamental interests of society, such as a threat to the functioning of institutions and essential public services and the survival of the population, as well as by risk of a serious disturbance to foreign relations or the peaceful coexistence of nations, or a risk of military interest.
Amendment 102 #
2017/0228(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Moreover, in order to eliminate potential existing barriers, during a transitional period of 12 months, Member States should carry out a review of existing national or federal data localisation requirements and notify to the Commission, together with a justification, any data localisation requirement that they consider being in compliance with this Regulation. These notifications should enable the Commission to assess the compliance of any remaining data localisation requirements.
Amendment 114 #
2017/0228(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take full advantage of the competitive environment, professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market, including as to the contractual conditions of porting data upon the termination of a contract. In order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services, the detailed information and operational requirements for data porting should be defined by market players through self-regulation, encouraged and facilitated by the Commission, in the form of Union codes of conduct which may entail model contract terms. Nonetheless, if such codes of conduct are not put in place and effectively implemented within a reasonable period of time, the Commission should review the situation. based on Commission non- binding guidelines, in the form of Union codes of conduct which may entail model contract terms. When drafting the guidelines, the Commission may take into account “Cloud Service Level Agreement Standardisation Guidelines” and the activities performed within the Cloud Stakeholders’ Platform initiative. The Commission shall ensure that all relevant stakeholders, including small and medium enterprises and start-ups are consulted in the process. Nonetheless, if such codes of conduct are not put in place and effectively implemented or do not sufficiently meet the objectives of the proposed Regulation, the Commission should review the situation within two years after the entry into force of this Regulation and introduce, if appropriate, a statutory right to data portability.
Amendment 124 #
2017/0228(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Security requirements set at national or federal level should be necessary and proportionate to the risks posed to the security of data storage or other processing in the area in scope of the national law in which these requirements are set.
Amendment 128 #
2017/0228(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Commission should periodically review this Regulation, in particular with a view to determining the need for modifications in the light of technological or market developments, especially with regards to the development of artificial intelligence, machine learning, Internet of Things, big data analysis among others.
Amendment 142 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In the case of mixed data sets, this Regulation shall apply to the non- personal data part of the set. Where personal and non-personal data are inextricably linked, this Regulation shall apply without prejudice to Regulation (EU) 2016/679.
Amendment 150 #
2017/0228(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. ‘mixed data set’ means a data set composed of both personal and non- personal data.
Amendment 193 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall encourage and facilitateprepare non-binding guidelines on the development of self- regulatory codes of conduct at Union level, in order to define guidelines oncluding best practices in facilitating the switching of providers and to ensure that they provide professional users with sufficiently detailed, clear and transparent information before a contract for data storage and processing is concluded, as regards the following issues:
Amendment 203 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The Commission shall ensure that the codes of conduct are developed in close cooperation with all relevant stakeholders, including associations of small and medium-sized enterprises and start-ups, users and providers of cloud services.
Amendment 212 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall reviewsubmit a report to the European Parliament and to the Council on the development and effective implementation of such codes of conduct and the effective provision of information by providers no later than two years after the start of application of this Regulation. The report shall be accompanied, if appropriate, by legislative proposals.
Amendment 218 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No later than [53 years after the date mentioned in Article 10(2)], the Commission shall carry out a review of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The Commission shall review the implementation of this Regulation in particular in respect of:
Amendment 223 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a (new)
Article 9 – paragraph 1 – point a (new)
(a) The application of this Regulation to mixed data sets especially taking into account the development of new technologies such as Internet of Things, artificial intelligence, big data analysis and the process of deanonymising data.
Amendment 226 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b (new)
Article 9 – paragraph 1 – point b (new)
(b) The use of the public security exception by Member States as defined in Article 4(1).
Amendment 229 #
2017/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. By 6 months after the date of publication of this Regulation the Commission shall provide guidelines on the legal treatment of mixed data sets and the interaction between this Regulation and Regulation (EU) 2016/679.
Amendment 69 #
2017/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. The Agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, ransomware attacks, hijacking, botnets, financial and banking fraud, as well as promoting basic authentication and data protection advice. The Agency should play a central role in accelerating end-user awareness on security of devices.
Amendment 70 #
2017/0225(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The Agency should promote mainstreaming the security by design principle, which is paramount to improving the security of connected devices. Security by design is especially important for devices targeted at vulnerable end-users, such as children.
Amendment 101 #
2017/0225(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) In light of innovation trends, and the growing accessibility and constantly increasing number of IoT devices in all sectors of society, particular attention must be paid to the security of all and even the simplest of IoT products. Therefore, as certification is a key method for increasing trust in the market and increasing security and resilience, emphasis should be given to IoT products and services in the new EU cybersecurity certification framework, in order to make them less vulnerable and safer for consumers and businesses.
Amendment 103 #
2017/0225(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Commission should be empowered to request ENISA to prepare candidate schemes for specific ICT products or services. The Commission, basedpower to adopt acts in accordance with Article 290 onf the candidate scheme proposed by ENISA, should then be empowered to adopt the European cybersecurity certification scheme by means of implementing acts. Taking account of the general purpose and security objectives identified in this Regulation, European cybersecurity certification schemes adopted by the Commission should specify a minimum set of elements concerning the subject-matter,Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing European cybersecurity certification schemes for ICT products and services. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those scope and functioning of the individual scheme. These should include among others the scope and object of the cybersecurity certification, including the categories of ICT products and services covered, the detailed specification of the cybersecurity requirements, for example by reference to standards or technical specifications, the specific evaluation criteria and evaluation methods, as well nsultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 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. When adopting those delegated acts, the Commission should base the intended level of assurance: basic, substantial and/or highcybersecurity certification schemes for ICT products and services on any relevant candidate schemes proposed by ENISA.
Amendment 109 #
2017/0225(COD)
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56a) Among the evaluation methods and assessment procedures related to each European cybersecurity certification scheme, ethical hacking, the aim of which is to locate weaknesses and vulnerabilities of devices and information systems by anticipating the intended actions and skills of malicious hackers, should be promoted at Union level.
Amendment 156 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Agency shall promote a high level of awareness of citizens, authorities and businesses on issues related to the cybersecurity.
Amendment 159 #
2017/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1
Article 5 – paragraph 1 – point 1
1. assisting and advising, in particular by providing its independent opinion and supplying preparatory work, on the development and review of Union policy and law in the area of cybersecurity, as well as sector-specific policy and law initiatives where matters related to cybersecurity are involved;
Amendment 169 #
2017/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point 2
Article 5 – paragraph 1 – point 4 – point 2
(2) the promotion of an enhanced level of security of electronic communications, data storage and data processing, including by providing expertise and advice, as well as facilitating the exchange of best practices between competent authorities;
Amendment 177 #
2017/0225(COD)
Proposal for a regulation
Article 7 – paragraph 8 – point a
Article 7 – paragraph 8 – point a
(a) aggregating reports from national and international sources with a view to contribute to establishing common situational awareness;
Amendment 181 #
2017/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point 1 a (new)
Article 8 – paragraph 1 – point a – point 1 a (new)
Amendment 203 #
2017/0225(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Management Board shall be composed of one representative of each Member State, and two representatives appointed by the Commission and the European Parliament. All representatives shall have voting rights.
Amendment 209 #
2017/0225(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Management Board, acting on a proposal by the Executive Director, shall set up a Permanent Stakeholders’ Group composed of recognised experts representing the relevant stakeholders, such as the ICT industry, providers of electronic communications networks or services available to the public, consumer groups, academic experts in the cybersecurity, the European Forum for Accreditation, conformity assessment bodies, and representatives of competent authorities notified under [Directive establishing the European Electronic Communications Code] as well as of law enforcement and data protection supervisory authorities.
Amendment 218 #
2017/0225(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. It advises the Agency when the latter prepares candidate schemes.
Amendment 251 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. The Commission, based on the candidate scheme proposed by ENISA, may adopt implementing is empowered to adopt delegated acts, in accordance with Article 55(1), providing fora, concerning the establishment of European cybersecurity certification schemes for ICT products and services meeting the requirements of Articles 45, 46 and 47 of this Regulation. When adopting those delegated acts, the Commission shall base the cybersecurity certification schemes for ICT products and services on any relevant candidate scheme proposed by ENISA.
Amendment 275 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g a (new)
Article 45 – paragraph 1 – point g a (new)
(ga) ensure that ICT products and services are developed according to the principle of ‘security by design’, following a risk-based approach depending on the context and severity of the situation as defined in Article 46.
Amendment 282 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. AEach European cybersecurity certification scheme may specify one or more of the following assurance levels: basic - “functionally secure”, “substantially secure” and/or “high,ly secure” - for ICT products and services issued under that scheme, taking into account, inter alia, their intended use and their inherent risk.
Amendment 286 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. Each scheme shall indicate the assessment methodology or evaluation process that is to be followed for issuing certificates at each assurance level, depending on the intended use and the risk inherent to the ICT products and services under that scheme.
Amendment 295 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) assurance level basic shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a limited degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of cybersecurity inciden“functionally secure” shall be related to a low risk of an ICT product and service. A low level of risk exists when an attack on the ICT product and service does not compromise the confidentiality, integrity, availability, privacy or other important objectives, nor the health of users or third parties, the environment, other important legal interests or critical infrastructure and its supporting systems or products;.
Amendment 301 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) assurance level “substantial shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease substantially the risk of cybersecurity incidenly secure” shall be related to a higher risk of an ICT product and service. A higher level of risk exists when an attack on the ICT product and service compromises the confidentiality, integrity, availability, privacy or other important objectives, and has implications to the health of users or third parties, the environment, other important legal interests or critical infrastructure and its supporting systems or products;.
Amendment 306 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) assurance level “high shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a higher degree of confidence in the claimed or asserted cybersecurity qualitiesly secure” shall be related to a high risk of an ICT product and service. A high level of risk exists when an attack ofn an ICT product orand service than certificates with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to prevent cybercompromises the confidentiality, integrity, availability, privacy or other important objectives and reasonably endangers the national sovereignty or public security incidentof states.
Amendment 340 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point h a (new)
Article 47 – paragraph 1 – point h a (new)
(ha) the specific cases for recertification of an ICT product and service shall be defined in the corresponding certification scheme. Security and feature updates with reference to any security measures need to follow an assessment and, if necessary, a recertification process;
Amendment 394 #
2017/0225(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Without prejudice to paragraph 3, national cybersecurity certification schemes and the related procedures for the ICT products and services covered by a European cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant Article 44(4). The Commission shall monitor compliance with this subparagraph, in order to avoid the existence of concurrent schemes. Existing national cybersecurity certification schemes and the related procedures for the ICT products and services not covered by a European cybersecurity certification scheme shall continue to exist.
Amendment 408 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Each national certification supervisory authority shall, in its organisation, funding decisions, legal structure and decision-making, be independent of the entities they supervise and shall not be a conformity assessment body or a national accreditation body.
Amendment 442 #
2017/0225(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55a Exercise of the delegation The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The power to adopt delegated acts referred to in Article 44(4) shall be conferred on the Commission for a period of 5 years from [date of entry into force of the basic legislative act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The delegation of power referred to in Article 44(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted pursuant to Article 44(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by[two months] at the initiative of the European Parliament or of the Council.
Amendment 444 #
2017/0225(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
Amendment 40 #
2017/0158(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The definitions based on those used in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.
Amendment 46 #
2017/0158(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Considering that the art. 5 of the 1970 UNESCO Convention calls for the establishment of one or more national services, equipped with qualified personnel and sufficient in number, in order to ensure the protection of their own cultural goods against illegal import, export and transfer; considering also the need for active collaboration with the competent authorities of third countries in the area of security and fight against illegal import of cultural goods, especially in areas of crisis, States Parties to the 1970 UNESCO Convention are asked to comply with the commitments envisaged within the Convention and those Member States that have not yet done so, are urgently required to ratify it.
Amendment 48 #
2017/0158(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order not to impede trade within goods across the Union’s external borders disproportionately, this Regulation should only apply to goods meeting a certain age and value limit. For that purpose, it seems appropriate to set a 25100 year minimum age threshold for allthe most vulnerable categories of cultural goods, in line with the provisions of the 1954 Hague Convention, the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention. That minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage.
Amendment 58 #
2017/0158(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit. Persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the thirdsource country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay.
Amendment 70 #
2017/0158(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educational, scientific orestoration, exhibition and academic research purposes should not be subject to the presentation of a licence or of a statement.
Amendment 82 #
2017/0158(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out the conditions and procedure for the entryimport of cultural goods into the customs territory of the Union.
Amendment 93 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'cultural goods' means any objectitem which is of importance for archaeology, prehistory, history, literature, art or science and which belongs to the categories listed in the table in Annex and meets the minimum age and value threshold specified therein;
Amendment 100 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) 'source country' means the country in the current territory of which the cultural goods were created or discovered or which has such a close connection with the cultural good that protects it as national cultural property upon removal from its territory;
Amendment 101 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 104 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 116 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statement made out in accordance with Article 5.
Amendment 129 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific restoration, exhibition and academic research purposes;
Amendment 143 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The holder of the goods shall apply for an import licence to the competent authority of the Member State of entry. The application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 ('the 1970 UNESCO Convention'), the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations.
Amendment 154 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) where the export country is not a Contracting Party to the 1970 UNESCO Convention,n it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations;
Amendment 158 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 161 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b a (new)
Article 4 – paragraph 4 – point b a (new)
(ba) when there are pending requests for repayment from the competent authorities of the source country;
Amendment 163 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c a (new)
Article 4 – paragraph 4 – point c a (new)
(ca) if the import request concerns a cultural good for which the same application was previously refused by another member state of the Union, refusal that the applicant is required to communicate to the competent authority for the issue of the license import;
Amendment 173 #
2017/0158(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 212 #
2017/0158(COD)
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. In their preparatory works for the implementation of this Regulation, the Commission and the Member States shall cooperate with international organisations, such as the UNESCO, the Interpol, EUROPOL and the ICOM, to ensure effective training, capacity building activities and awareness rising campaigns.
Amendment 14 #
2017/0125(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 173 thereof,
Amendment 22 #
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 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 innovative European defence industry. It proposed in particular 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 cycle of defence product and technology development as well as actions in the scope of conversion from military to civil production.
Amendment 25 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry inter aliaespecially cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies. The development phase, which follows the research and technology phase, 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. The Programme should lead to efficiency gains enabling the reduction of the overall defence spending in the Union while at the same time ensuring the defence capabilities necessary to perform the essential core tasks of collective defence, crisis management and cooperative security. By supporting 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 TFEU and it does not cover the production of defence products and technologies.
Amendment 27 #
2017/0125(COD)
(3) The Programme should not lead to an armament of the European Union. To better exploit economies of scale in the defence industry, the Programme should support the cooperation between undertakings in the development of defence products and technologies.
Amendment 29 #
2017/0125(COD)
(3a) To alleviate any potential negative effects of the integration in the European defence market, the Programme should support actions aimed at converting military into civilian technologies and production lines.
Amendment 38 #
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 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 innovative European defence industry. It proposed in particular 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 cycle of defence product and technology development, as well as undertakings in the scope of conversion from military to civilian production.
Amendment 39 #
2017/0125(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 40 #
2017/0125(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 173 thereof,
Amendment 42 #
2017/0125(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitivenessintegration of the Union defence industry by de-bearing some of the risking of the development phase of cooperative 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 as well as actions aimed at converting military production lines into civilian production lines, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.
Amendment 44 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry inter aliaespecially cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies. The Programme should lead to efficiency gains enabling the reduction of the overall defence spending in the Union. The development phase, which follows the research and technology phase, 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 supporting 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 TFEU and it does not cover the production of defence products and technologies.
Amendment 46 #
2017/0125(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between undertakings across Member States, an action should be eligible for funding under the Programme only if it is undertaken by a cooperation of at least threefour undertakings based in at least twohree different Member States. This rule shall not apply to actions in support of conversion from military to civil production.
Amendment 48 #
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 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 innovative European defence industry. It proposed in particular 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 cycle of defence product and technology development as well as actions in the scope of conversion from military to civil production.
Amendment 49 #
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 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 innovative European defence industry. It proposed in particular 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 cycle of defence product and technology development, as well as undertakings in the scope of conversion from military to civilian production.
Amendment 51 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitivenessintegration 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 beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
Amendment 52 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry, inter alia the cyber defence industry, which is a priority of the defence industry, taking into account developments in the speed and sophistication of cyber-attacks, by supporting the cooperation between undertakings in the development phase of defence products and technologies. The development phase, which follows the research and technology phase, 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 supporting 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 TFEU and it does not cover the production of defence products and technologies.
Amendment 53 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry inter aliaespecially cyber defence by supporting the cooperation between undertakings in the development phase of defence products and technologies. The development phase, which follows the research and technology phase, 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. The Programme should lead to efficiency gains enabling the reduction of the overall defence spending in the Union while at the same time ensuring the defence capabilities necessary to perform the essential core tasks of collective defence, crisis management and cooperative security. By supporting 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 TFEU and it does not cover the production of defence products and technologies.
Amendment 55 #
2017/0125(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Programme should not lead to an armament of the European Union. To better exploit economies of scale in the defence industry, the Programme should support the cooperation between undertakings in the development of defence products and technologies.
Amendment 55 #
2017/0125(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) If a consortium of undertakings wishes to participate in an eligible action under the Programme and financial assistance of the Union is to take form of a grant, the consortium should appoint one of its members as a coordinator who will be the principle point of contact with the Commission and who shall regularly report back to the EU Institutions regarding the status of the actions funded under the Programme.
Amendment 55 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry, inter alia particular the cyber defence industry, by supporting the cooperation between undertakings in the development phase of defence products and technologies. The Programme should lead to efficiency gains enabling the reduction of the overall defence spending in the Union. The development phase, which follows the research and technology phase, 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 supporting 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 TFEU and it does not cover the production of defence products and technologies.
Amendment 57 #
2017/0125(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) To alleviate any potential negative effects of the integration in the European Union defence market, the Programme should support actions aimed at converting military into civilian technologies and production lines.
Amendment 61 #
2017/0125(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Programme should not lead to an armament of the European Union. To better exploit economies of scale in the defence industry, the Programme should support the cooperation between undertakings in the development of defence products and technologies.
Amendment 63 #
2017/0125(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) To alleviate any potential negative effects of the integration in the European defence market, the Programme should support actions aimed at converting military into civilian technologies and production lines.
Amendment 64 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totalityUp to 50% of the eligible costs should however be covered for other actions in the development phase.
Amendment 65 #
2017/0125(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As the Union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase, tThe Commission should notall have ownership or intellectual property rights over the products or technologies resulting from the funded actions. The applicable intellectual property rights regime will be defined contractually byetween the Commission and the beneficiaries.
Amendment 70 #
2017/0125(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Programme should not lead to an armament of the European Union. To better exploit economies of scale in the defence industry, the Programme should support the cooperation between undertakings in the development of defence products and technologies.
Amendment 72 #
2017/0125(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) For the selection of actions to be funded by the Programme, the Commission or the entities referred to in Article 58(1)(c) of Regulation N°966/2012 should organise competitive calls as provided for by Regulation No 966/2012. After evaluation of the received proposals with the help of an independent expertand transparently selected expert committee comprising the European Parliament, the Commission and defence experts from academia, think tanks and other stakeholders, excluding representatives from defence companies to avoid bias, the Commission will select the actions to be funded under the Programme. In order to ensure uniform conditions for the implementation of this Regulation implementingdelegated powers should be conferred on the Commission as regards the adoption and the implementation of the work programme, as well as implementing powers for awarding the funding 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 72 #
2017/0125(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
Amendment 73 #
2017/0125(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 73 #
2017/0125(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The Commission when monitoring and controlling the export of arms and technologies produced with funding from the European Union to countries other than NATO, EU and NATO equivalent countries shall be assisted by a supervisory body made up of the European Parliament, Commission, European External Action Service and EU Members States (hereafter referred to as the Supervisory Body).
Amendment 75 #
2017/0125(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an implementation report at the end of the Programmeand evaluation report of the Programme at the end of each financial year, 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 77 #
2017/0125(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitivenessintegration of the Union defence industry by de-riskingbearing some of the risks of the development phase of cooperative 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 as well as actions aimed at converting military production lines into civilian production lines, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.
Amendment 79 #
2017/0125(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 82 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the competitivenessintegration and innovation capacity, especially in cyber- defence, of the Union defence industry by supporting actions in their development phase;
Amendment 84 #
2017/0125(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitivenessintegration of the Union defence industry by de-bearing some of the risking of the development phase of cooperative 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 as well as actions aimed at converting military production lines into civilian production lines, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.
Amendment 85 #
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 cross- border cooperation between undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union;
Amendment 86 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) to support undertakings in the conversion of excess military into civilian production lines.
Amendment 90 #
2017/0125(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between undertakings across Member States, an action should be eligible for funding under the Programme only if it is undertaken by a cooperation of at least threefour undertakings based in at least twohree different Member States.
Amendment 91 #
2017/0125(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The amount for the implementation of the Programme for the period 2019-2020 is set at EUR 500125 million in current prices, to be drawn exclusively from the unallocated margins under the 2014-2020 multiannual financial framework ceilings. Additional spending from the EU budget shall be compensated by savings in national defence budgets.
Amendment 92 #
2017/0125(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 96 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the design of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology as well as the technical specifications on which such design has been developed;
Amendment 97 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the prototyping of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology. A prototype is a model of a product or technology that can demonstrate the element's performance in an operational environment;
Amendment 97 #
2017/0125(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As the objective of the Programme is to support the competitivenessintegration of the Union defence industry by de-bearing some of the risking at the development phase of cooperative 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 as well as actions aimed at converting military production lines into civilian production lines, should be eligible to benefit from it. This will also apply to the upgrade of existing defence products and technologies.
Amendment 98 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the testing of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology;
Amendment 99 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the qualification of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology; qualification is the entire process of demonstrating that the design of a product/component/technology meets the specified requirements. This process provides objective evidence by which particular requirements of a design are demonstrated to have been achieved;
Amendment 100 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) the certification of a defence product or a product supporting the undertakings' aim to convert from military to civil production or technology. Certification is the process according to which a national authority certifies that the product/component/technology complies with the applicable regulations;
Amendment 103 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitivenessintegration 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 beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
Amendment 103 #
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 threefour undertakings which are established in at least twohree different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other. This paragraph shall not apply to actions in support of conversion from military to civil production.
Amendment 104 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitivenessintegration 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 beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
Amendment 105 #
2017/0125(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given that the Programme aims particularly at enhancing cooperation between undertakings across Member States, an action should be eligible for funding under the Programme only if it is undertaken by a cooperation of at least threefour undertakings based in at least twohree different Member States. This rule shall not apply to actions in support of conversion from military to civil production.
Amendment 106 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Actions in relation to products listed in Annex I shall not be funded. Actions in relation to products listed in Annex II shall not be funded if they are developed mainly for export purposes.
Amendment 108 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
Amendment 110 #
2017/0125(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) If a consortium of undertakings wishes to participate in an eligible action under the Programme and financial assistance of the Union is to take form of a grant, the consortium should appoint one of its members as a coordinator who will be the principle point of contact with the Commission and who shall regularly report back to the Union institutions on the status of actions funded under the Programme.
Amendment 112 #
2017/0125(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) If a consortium of undertakings wishes to participate in an eligible action under the Programme and financial assistance of the Union is to take form of a grant, the consortium should appoint one of its members as a coordinator who will be the principle point of contact with the Commission and who shall regularly report back to the EU institutions about the status of actions funded under the Programme.
Amendment 116 #
2017/0125(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each applicant shall declare, by written statement, that it is fully aware of and compliant with applicable national and Union legislation and regulations relating to activities in the domain of defence, including the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, the Community regime for the control of exports, transfer, brokering and transit of dual-use items and the relevant national legislation on export controls.
Amendment 118 #
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 grant, 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. The coordinator shall regularly report back to the EU Institutions regarding the funded action's status.
Amendment 123 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totalityUp to 50% of the eligible costs should however be covered for other actions in the development phase.
Amendment 126 #
2017/0125(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) It should be possible to cover 70% of the eligible costs for actions undertaken by SMEs.
Amendment 127 #
2017/0125(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As the Union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase, tThe Commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions. The applicable intellectual property rights regime will be defined contractually byetween the Commission and the beneficiaries.
Amendment 129 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitivenessintegration 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 beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member States.
Amendment 133 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(ea) realisation of efficiency gains for the overall reduction of defence spending in the EU;
Amendment 134 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totalityUp to 50% of the eligible costs should however be covered for other actions in the development phase.
Amendment 134 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e b (new)
Article 10 – paragraph 1 – point e b (new)
(eb) contribution to innovative conversion of military to civil production;
Amendment 135 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e c (new)
Article 10 – paragraph 1 – point e c (new)
(ec) increased or new cross-border cooperation;
Amendment 136 #
2017/0125(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As the Union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase, tThe Commission should notall have ownership or intellectual property rights over the products or technologies resulting from the funded actions. The applicable intellectual property rights regime will be defined contractually byetween the Commission and the beneficiaries.
Amendment 136 #
2017/0125(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) For the selection of actions to be funded 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 an independent expert committee with transparently selected Members of the European Parliament, the Commission and defence experts from academia, think tanks or other stakeholders, excluding representatives from defence companies in order to avoid bias, the Commission will select the actions to be funded 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 funding 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 137 #
2017/0125(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The financial assistance of the Union provided under the Programme may not exceed 20% of the total cost of the action where it relates to prototyping. In all the other cases, the assistance may cover up to the total50% of the cost of the action.
Amendment 138 #
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 actionUnion Institutions, bodies, offices or agencies enjoy, for the duly justified purpose of developing, implementing and monitoring Union policies or programmes, access rights solely to the results of a beneficiary that has received Union funding. Such access rights are limited to non-commercial and non- competitive use. Such access is to be granted on a royalty-free basis. With regard to results which are generated by beneficiaries that have received funding under the Programme, the agreement between the Commission and the beneficiary shall provide that the Commission may object to transfers of ownership or to grants of a licence to third parties established in a third country not associated with the Programme, if it considers that the grant or transfer is inconsistent with ethical principles of the EU Common Position on arms exports or security considerations. In such cases, the transfer of ownership or grant of licence cannot take place unless the Commission is satisfied that appropriate safeguards will be put in place. Where appropriate, the agreement between the Commission and the beneficiary will provide that the Commission is to be notified at least six months in advance of any such transfer of ownership or grant of a licence. Non- compliance with these provisions will be subject to measures stipulated in Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No 1268/2012.
Amendment 139 #
2017/0125(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) When monitoring and controlling arms exports and technologies produced with funding from the Union to countries other than NATO, EU and NATO- equivalent countries, the Commission should be assisted by a supervisory body made up of representatives of the European Parliament, the Commission, the European External Action Service and the Member States ('the Supervisory Body').
Amendment 141 #
2017/0125(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Export Military technology and equipment that has been produced with funding from the Union under the Programme shall not be exported to non-NATO, non-EU or non- NATO equivalent countries without prior authorisation by the Supervisory Committee. Upon being notified by a beneficiary of their intention to export military technologies or equipment to non-NATO, non-EU or non-NATO equivalent countries, the Commission shall convene the Supervisory Committee, which shall decide on all requests based on relevant Union legislation, in particular Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, the Common Military List of the Union and the User's Guide to Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment.
Amendment 142 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission, by means of an implementing act, shall adoptshall be empowered to adopt delegated acts to establish a multiannual a work programme for the duration of the Programme. This implementingdelegated act shall be adopted in accordance with the examination procedure referred to in in Article 16(2). This work programme shall be in line with the objectives set out in Article 2;
Amendment 144 #
2017/0125(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an implementation and evaluation report at the end of the Programmeeach financial year, 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 147 #
2017/0125(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) If a consortium of undertakings wishes to participate in an eligible action under the Programme and financial assistance of the Union is to take form of a grant, the consortium should appoint one of its members as a coordinator who will be the principle point of contact with the Commission and who shall regularly report back to the EU Institutions regarding the status of the actions funded under the Programme.
Amendment 149 #
2017/0125(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) For the selection of actions to be funded by the Programme, the Commission or the entities referred to in Article 58(1)(c) of Regulation N°966/2012 should organise competitive calls as provided for by Regulation No 966/2012. After evaluation of the received proposals with the help of an independent expert committee comprising the European Parliament, Commission and experts from academia, think tanks or other stakeholders, excluding representatives from defence companies in order to avoid bias, the Commission will select the actions to be funded 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 funding 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 150 #
2017/0125(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The proposals submitted following the call for proposals shall be evaluated by the Commission assisted by an independent expertand transparently selected expert committee comprising the European Parliament, the Commission and defence experts from academia, think tanks and other stakeholders, excluding representatives from defence companies to avoid bias on the basis of the award criteria of Article 10.
Amendment 151 #
2017/0125(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) The Commission when monitoring and controlling the export of arms and technologies produced with funding from the European Union to countries other than NATO, EU and NATO-equivalent countries shall be assisted by a supervisory body made up of the European Parliament, European Commission, European External Action Service and EU Member States (hereafter referred to as the Supervisory Committee).
Amendment 155 #
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, especially cyberdefence, by supporting actions in their development phase;
Amendment 156 #
2017/0125(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an implementation and evaluation report at the end of the Programmeeach financial year, 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 156 #
2017/0125(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for a period of two years from 2019. The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. Before adopting a delegated act, the Commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 April 2016 on Better Law Making. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted pursuant to Article 13 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 to 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 158 #
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 undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union including the development of cyberdefence capabilities and cybersecurity solutions for the defence industry;
Amendment 159 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall regularly monitor and evaluate the implementation of the programme and annually report on the progress made in accordance with Article 38(3)(e) of Regulation 966/2012. To this end, the Commission shall put in place necessary monitoring arrangements.
Amendment 160 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall draw up an annual monitoring report examining the efficiency and effectiveness of supported actions in terms of financial implementation, results, costs and, where possible, impact. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospectiven evaluation report annually 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. 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 162 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a (new)
Article 17 – paragraph 2 – point a (new)
(a) In due time before the end of this Programme, the Commission shall establish an interim evaluation report on the achievement of the objectives of all the actions supported under the Programme at the level of results and impacts, the efficiency of the use of resources and its European added value. This interim evaluation report needs to be available to European Parliament and Council before any decision on a continuation of the Programme under a new multiannual financial framework can be taken.
Amendment 162 #
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 cross- border cooperation between undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union;
Amendment 163 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b (new)
Article 17 – paragraph 2 – point b (new)
(b) The Commission shall establish a final evaluation report on the longer-term impact and sustainability of effects of the measures.
Amendment 163 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) to support undertakings in the conversion of excess military into civil production lines;
Amendment 165 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. All grant beneficiaries and other parties involved who have received Union funds under this Regulation shall provide the Commission with the appropriate data and information necessary to permit the monitoring and evaluation of the measures concerned.
Amendment 166 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. The Commission shall submit the reports referred to in paragraphs 2, 2 (a) and 2 (b) to the European Parliament and the Council.
Amendment 167 #
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, especially cyberdefence, by supporting actions in their development phase;
Amendment 167 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2c. Member States shall report to the Commission or the EU delegations on their exports of EU-funded defence technologies and equipment to Third Countries on a six-monthly basis. The Commission shall set up a tracking mechanism to verify the end-use and end- users of defence technologies and equipment funded by the Programme and exported to Third Countries and report back to the European Parliament on a yearly basis.
Amendment 167 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totalityUp to 50% of the eligible costs should however be covered for other actions in the development phase.
Amendment 167 #
2017/0125(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The amount for the implementation of the Programme for the period 2019-2020 is set at EUR 500125 million in current prices, to be drawn exclusively from the unallocated margins under the 2014-2020 multiannual financial framework ceilings. Additional spending from the Union budget shall be compensated by savings in national defence budgets.
Amendment 169 #
2017/0125(COD)
Article 19a ANNEX I Non eligible products - Weapons of mass destruction and related warhead technologies; - Banned weapons and munitions and weapons not compliant with international humanitarian law; - Fully autonomous weapons that enable strikes to be carried out without meaningful human control as well as IA software, dual-use and military components that leave to the machine the final decision to apply lethal force; - Weapons systems that are not regulated by international legal frameworks that have been ratified by the Union or all Member States individually to prevent misuse.
Amendment 170 #
2017/0125(COD)
Proposal for a regulation
Article 19 b (new)
Article 19 b (new)
Article 19b ANNEX II Non eligible products, when they are mainly developed for export purposes: - Small arms and light weapons
Amendment 172 #
2017/0125(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As the Union support aims at enhancing the competitiveness of the sector and concerns only the specific development phase, tThe Commission should not have ownership or intellectual property rights over the products or technologies resulting from the funded actions. The applicable intellectual property rights regime will be defined contractually byetween the Commission and the beneficiaries.
Amendment 180 #
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 cross- border cooperation between undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union;
Amendment 181 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the design of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology as well as the technical specifications on which such design has been developed;
Amendment 183 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the prototyping of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology. A prototype is a model of a product or technology that can demonstrate the element's performance in an operational environment;
Amendment 184 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the testing of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology;
Amendment 185 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the qualification of a defence product or a product supporting the undertakings’ aim to convert from military to civil production, tangible or intangible component or technology; qualification is the entire process of demonstrating that the design of a product/component/technology meets the specified requirements. This process provides objective evidence by which particular requirements of a design are demonstrated to have been achieved;
Amendment 186 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) the certification of a defence product or technology, or a product or technology supporting the undertakings’ aim to convert from military to civil production. Certification is the process according to which a national authority certifies that the product/component/technology complies with the applicable regulations;
Amendment 187 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) to support undertakings in the scope of conversion of excess military into civilian production lines.
Amendment 189 #
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 threefour undertakings which are established in at least twohree different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other. This paragraph shall not apply to actions in support of conversion from military to civil production.
Amendment 191 #
2017/0125(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The amount for the implementation of the Programme for the period 2019-2020 is set at EUR 500125 million in current prices, to be drawn exclusively from the unallocated margins under the 2014-2020 multiannual financial framework ceilings. Additional spending from the EU budget shall be compensated by savings in national defence budgets.
Amendment 193 #
2017/0125(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) For the selection of actions to be funded by the Programme, the Commission or the entities referred to in Article 58(1)(c) of Regulation N°966/2012 should organise competitive calls as provided for by Regulation No 966/2012. After evaluation of the received proposals with the help of an independent expertand transparently selected expert committee comprising the European Parliament, the Commission and defence experts from academia, think tanks and other stakeholders, excluding representatives from defence companies to avoid bias, the Commission will select the actions to be funded under the Programme. In order to ensure uniform conditions for the implementation of this Regulation implementingdelegated powers should be conferred on the Commission as regards the adoption and the implementation of the work programme, as well as implementing powers for awarding the funding 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 196 #
2017/0125(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The Commission, when monitoring and controlling the export of arms and technologies produced with funding from the European Union to countries other than NATO, EU and NATO equivalent countries, shall be assisted by a supervisory body made up of the European Parliament, the Commission, the European External Action Service and Members States (hereafter referred to as the Supervisory Body).
Amendment 198 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Actions in relation to products listed in Annex A shall not be funded. Actions in relation to products listed in Annex B shall not be funded if they are developed mainly for export purposes.
Amendment 199 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. The action shall be in line with the tasks referred to in Article 42 TEU for peace keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter.
Amendment 203 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the design of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology as well as the technical specifications on which such design has been developed;
Amendment 203 #
2017/0125(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission should draw up an implementation report at the end of the Programmeand evaluation report of the Programme at the end of each financial year, 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 204 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the prototyping of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology. A prototype is a model of a product or technology that can demonstrate the element's performance in an operational environment;
Amendment 205 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the testing of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology;
Amendment 206 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the qualification of a defence product or a product supporting the undertakings' aim to convert form military to civil production, tangible or intangible component or technology; qualification is the entire process of demonstrating that the design of a product/component/technology meets the specified requirements. This process provides objective evidence by which particular requirements of a design are demonstrated to have been achieved;
Amendment 207 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the qualification of a defence product or a product supporting the undertakings' aim to convert form military to civil production, tangible or intangible component or technology; qualification is the entire process of demonstrating that the design of a product/component/technology meets the specified requirements. This process provides objective evidence by which particular requirements of a design are demonstrated to have been achieved;
Amendment 208 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) the certification of a defence product or technology or a product or technology supporting the undertakings' aim to convert from military to civil production. Certification is the process according to which a national authority certifies that the product/component/technology complies with the applicable regulations;
Amendment 211 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings 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 funded under the Programme shall not be located on the territory of non-the Member States during the entire duration of the action.
Amendment 214 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) to foster the competitivenessintegration and innovation capacity, especially in cyber- defence, of the Union defence industry by supporting actions in their development phase;
Amendment 215 #
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 beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other. This rule shall not apply to actions in support of civil-military conversion.
Amendment 217 #
2017/0125(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each applicant shall declare, by written statement, that it is fully aware of and compliant with applicable national and Union legislation and regulations relating to activities in the domain of defence, including the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, as well as the Union regime for the control of exports, transfer, brokering and transit of dual-use items and the relevant national legislation on export controls.
Amendment 218 #
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 grant, 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. The coordinator shall regularly report back to the Union institutions regarding the status of funded actions.
Amendment 226 #
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 cross- border cooperation between undertakings, including small and medium-sized enterprises, in the development of technologies or products in line with defence capability priorities commonly agreed by Member States within the Union;
Amendment 233 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Actions in relation to products listed in Annex A shall not be funded.Actions in relation to products listed in Annex B shall not be funded if they are developed mainly for export purposes.
Amendment 234 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
(a) efficiency gains for the overall reduction of costs for defence
Amendment 235 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4 b. The action shall be in line with the tasks referred to in Article 42 TEU for peace keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Carter.
Amendment 235 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
(b) contribution to innovative conversion of military to civilian production
Amendment 236 #
2017/0125(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) to support undertakings in the conversion of excess military production lines into civilian ones.
Amendment 236 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
(c) increased or new cross-border cooperation
Amendment 239 #
2017/0125(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The amount for the implementation of the Programme for the period 2019-2020 is set at EUR 500125 million in current prices, to be drawn exclusively from the unallocated margins under the 2014-2020 multiannual financial framework ceilings. Additional spending from the EU budget shall be compensated by savings in national defence budgets.
Amendment 240 #
2017/0125(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The financial assistance of the Union provided under the Programme may not exceed 20% of the total cost of the action where it relates to prototyping. In all the other cases, the assistance may cover up to the total cost50% of the action.
Amendment 241 #
2017/0125(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Up to 70% of the eligible costs may be covered for actions undertaken by SMEs.
Amendment 243 #
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 actionUnion institutions, bodies, offices or agencies enjoy, for the duly justified purpose of developing, implementing and monitoring Union policies or programmes, access rights solely to the results of a beneficiary that has received Union funding. Such access rights shall be limited to non-commercial and non- competitive use. Such access shall be granted on a royalty-free basis. With regard to results which are generated by beneficiaries that have received funding under the Programme, the agreement between the Commission and the beneficiary shall provide that the Commission may object to transfers of ownership or to grants of a licence to third parties established in a third country not associated with the Programme, if it considers that the grant or transfer is inconsistent with ethical principles of the Common Position on arms exports or security considerations. Where appropriate, the agreement between the Commission and the beneficiary shall provide that the Commission is to be notified at least six months in advance of any such transfer of ownership or grant of a licence. Non-compliance with these provisions shall be subject to the measures stipulated in Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No 1268/2012.
Amendment 248 #
2017/0125(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 249 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission, by means of an implementing act, shall adoptshall be empowered to adopt delegated acts to establish a multiannual a work programme for the duration of the Programme. This implementingese delegated acts shall be adopted in accordance with the examination procedure referred to in in Article 16(2). This work programme shall be in line with the objectives set out in Article 2;
Amendment 250 #
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 Programme, with a specific project category focusing on the cross-border participation of SMEs;
Amendment 258 #
2017/0125(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The proposals submitted following the call for proposals shall be evaluated by the Commission assisted by an independent expert committee with transparently selected representatives of the European Parliament, the Commission and defence experts from academia, think tanks or other stakeholders, excluding representatives from defence companies to avoid bias on the basis of the award criteria of Article 10.
Amendment 262 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall regularly monitor and evaluate the implementation of the programme and annually report on the progress made in accordance with Article 38(3)(e) of Regulation 966/2012. To this end, the Commission shall put in place necessary monitoring arrangements.
Amendment 265 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall draw up an annual monitoring report examining the efficiency and effectiveness of supported actions in terms of financial implementation, results, costs and, where possible, impact. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospectiven annual 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. 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 266 #
2017/0125(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each applicant shall declare, by written statement, that it is fully aware of and compliant with applicable national and Union legislation and regulations relating to activities in the domain of defence, including the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, the Community regime for the control of exports, transfer, brokering and transit of dual-use items and the relevant national legislation on export controls.
Amendment 268 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Six months before the end of the Programme, the Commission shall establish an interim evaluation report on the achievement of the objectives of all the actions supported under the Programme with regard to its results and impacts, the efficiency of the use of resources and its European added value. This interim evaluation report needs to be available to the European Parliament and Council before any decision on a continuation of the Programme under a new multiannual framework can be taken.
Amendment 269 #
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 grant, 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. The coordinator shall regularly report back to the EU institutions regarding the status of funded actions.
Amendment 269 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the design of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology as well as the technical specifications on which such design has been developed;
Amendment 269 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. The Commission shall establish a final evaluation report on the longer-term impact and sustainability of effects of the measures. All beneficiaries and other parties involved who have received Union funds under this Regulation shall provide the Commission with the appropriate data and information necessary to permit the monitoring and evaluation of the measures concerned. The Commission shall submit the reports referred to in paragraphs 2, 2a and 2b to the European Parliament and the Council.
Amendment 270 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2c. Member States shall report to the Commission or the Union Delegations on their exports of Union-funded defence technologies and equipment to non- NATO, non-EU or non-NATO equivalent countries every six months. The Commission shall setup a tracking mechanism to verify the end-use and end- users of defence technologies and equipment funded by the Programme and exported to non-NATO, non-EU or non- NATO equivalent countries and report back to the European Parliament every year.
Amendment 271 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the prototyping of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology. A prototype is a model of a product or technology that can demonstrate the element's performance in an operational environment;
Amendment 271 #
2017/0125(COD)
ANNEX A Non-eligible products · Weapons of mass destruction and related warhead technologies; · Banned weapons and munitions and weapons not compliant with international humanitarian law; · Fully autonomous weapons that enable strikes to be carried out without meaningful human control as well as IA software, dual-use and military components that leave to the machine the final decision to apply lethal force; · Weapon systems that are not regulated by international legal frameworks that have been ratified by the European Union or all EU member states individually to prevent misuse.
Amendment 272 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the testing of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology;
Amendment 272 #
2017/0125(COD)
Proposal for a regulation
Annex B (new)
Annex B (new)
ANNEX B Non-eligible products, when they are mainly developed for export purposes: · Small arms and light weapons.
Amendment 274 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the qualification of a defence product or a product supporting the undertakings' aim to convert from military to civil production, tangible or intangible component or technology; qualification is the entire process of demonstrating that the design of a product/component/technology meets the specified requirements. This process provides objective evidence by which particular requirements of a design are demonstrated to have been achieved;
Amendment 275 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) the certification of a defence product or a product supporting the undertakings' aim to convert from military to civil production or technology. Certification is the process according to which a national authority certifies that the product/component/technology complies with the applicable regulations;
Amendment 277 #
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 threefour undertakings which are established in at least twohree different Member States. The undertakings which are beneficiaries shall not effectively be controlled, directly or indirectly, by the same entity or shall not control each other. This paragraph shall not apply to actions in support of conversion from military to civil production.
Amendment 283 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
(a a) efficiency gains for the overall reduction of costs for defence;
Amendment 301 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(e a) contribution to innovative conversion of military to civilian production.
Amendment 303 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e b (new)
Article 10 – paragraph 1 – point e b (new)
(e b) increased or new cross-border cooperation
Amendment 305 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Actions in relation to products listed in Annex I shall not be funded. Actions in relation to products listed in Annex II shall not be funded if they are developed mainly for export purposes.
Amendment 306 #
2017/0125(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The financial assistance of the Union provided under the Programme may not exceed 20% of the total cost of the action where it relates to prototyping. In all the other cases, the assistance may cover up to 50% of the total cost of the action.
Amendment 307 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
Amendment 324 #
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 actionUnion institutions, bodies, offices or agencies enjoy, for the duly justified purpose of developing, implementing and monitoring Union policies or programmes, access rights solely to the results of a beneficiary that has received Union funding. Such access rights are limited to non-commercial and non- competitive use. Such access is to be granted on a royalty-free basis. With regard to results which are generated by beneficiaries that have received funding under the Programme, the agreement between the Commission and the beneficiary shall provide that the Commission may object to transfers of ownership or to grants of a license to third parties established in a third country not associated with the Programme, if it considers that the grant or transfer is inconsistent with ethical principles of the EU Common Position on arms exports or security considerations. Where appropriate, the agreement between the Commission and the beneficiary will provide that the Commission is to be notified at least six months in advance of any such transfer of ownership or grant of a license. Non-compliance with these provisions will be subject to measures stipulated in Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No 1268/2012.
Amendment 326 #
2017/0125(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Military technology and equipment that has been produced with funding from the European Union under the Programme shall not be exported to non-NATO, non- EU or non-NATO equivalent countries (hereafter referred to as Third Countries) without prior authorisation by the Supervisory Committee.Upon being notified by a beneficiary of their intention to export military technologies or equipment to a third country, the Supervisory Committee shall decide based on relevant EU legislation, in particular the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, the Common Military List of the European Union and the User's Guide to Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment.
Amendment 329 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission, by means of an implementing act, shall adopt shall be empowered to adopt delegated acts to establish a multiannual a work programme for the duration of the Programme. This implementingdelegated act shall be adopted in accordance with the examination procedure referred to in in Article 16(2). This work programme shall be in line with the objectives set out in Article 2;
Amendment 340 #
2017/0125(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The proposals submitted following the call for proposals shall be evaluated by the Commission assisted by an independent experts committee comprising the European Parliament, European Commission and experts from academia, think tanks or other stakeholders, excluding representatives form defence companies in order to avoid bias, on the basis of the award criteria of Article 10.
Amendment 347 #
2017/0125(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each applicant shall declare, by written statement, that it is fully aware of and compliant with applicable national and Union legislation and regulations relating to activities in the domain of defence, including the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, the Community regime for the control of exports, transfer, brokering and transit of dual-use items and the relevant national legislation on export controls.
Amendment 349 #
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 grant, 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. The coordinator shall regularly report back to the Union Institutions regarding the status of the funded action.
Amendment 352 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall regularly monitor and evaluate the implementation of the programme and annually report on the progress made in accordance with Article 38(3)(e) of Regulation 966/2012. To this end, the Commission shall put in place necessary monitoring arrangements.
Amendment 354 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall draw up an annual monitoring report examining the efficiency and effectiveness of supported actions in terms of financial implementation, results, costs and, where possible, impact. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospectiven annual 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. 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 360 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. Member States shall report to the Commission or the EU Delegations on the export of EU-funded defence technologies and equipment to Third Countries on a six-monthly basis.The Commission shall setup a tracking mechanism to verify the end-use and end-users of defence technologies and equipment funded by the Programme and exported to Third Countries and report back to the European Parliament on a yearly basis.
Amendment 361 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2 b. Six months before the end of this Programme, the Commission shall establish an interim evaluation report on the achievement of the objectives of all the actions supported under the Programme at the level of results and impacts, the efficiency of the use of resources and its European added value.This interim evaluation report needs to the available to the European Parliament and Council before any decision on a continuation of the Programme under the new multiannual financial framework can be taken.
Amendment 362 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2 c. The Commission shall establish a final evaluation report on the longer-term impact and sustainability of the Programme. All grant beneficiaries and other parties involved who have received Union funds under this Regulation shall provide the Commission with the appropriate data and information necessary to permit the monitoring and evaluation of the measures concerned.The Commission shall submit the reports referred to in paragraphs 2, 2a, 2b and 2c to the European Parliament and Council.
Amendment 364 #
2017/0125(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19 a ANNEX I Non eligible products - Weapons of mass destruction and related warhead technologies; - Banned weapons and munitions and weapons not compliant with international humanitarian law; Fully autonomous weapons that enable strikes to be carried out without meaningful human control as well as IA software, dual-use and military components that leave to the machine the final decision to apply lethal force; - Weapon systems that are not regulated by international legal frameworks that have been ratified by the European Union or all the EU member states individually to prevent misuse.
Amendment 365 #
2017/0125(COD)
Proposal for a regulation
Article 19 b (new)
Article 19 b (new)
Article 19 b ANNEX II Non eligible products, when they are mainly developed for export purposes:- Small arms and light weapons.
Amendment 390 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(ea) realisation of efficiency gains for the overall reduction of defence spending in the EU;
Amendment 391 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e b (new)
Article 10 – paragraph 1 – point e b (new)
(eb) contribution to innovative conversion of military to civil production;
Amendment 393 #
2017/0125(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e c (new)
Article 10 – paragraph 1 – point e c (new)
(ec) increased or new cross-border cooperation
Amendment 401 #
2017/0125(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The financial assistance of the Union provided under the Programme may not exceed 20% of the total cost of the action where it relates to prototyping. In all the other cases, the assistance may cover up to the total50% of the cost of the action.
Amendment 413 #
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. Union institutions, bodies, offices or agencies enjoy, for the duly justified purpose of developing, implementing and monitoring Union policies or programmes, access rights solely to the results of a beneficiary that has received Union funding. Such access rights are limited to non-commercial and non- competitive use. Such access is to be granted on a royalty-free basis. With regard to results which are generated by beneficiaries that have received funding under the Programme, the agreement between the Commission and the beneficiary shall provide that the Commission may object to transfers of ownership or to grants of a licence to third parties established in a third country not associated with the Programme, if it considers that the grant or transfer is inconsistent with the ethical principles laid down in the EU Common Position on arms exports or security considerations. In such cases, the transfer of ownership or grant of licence can not take place unless the Commission is satisfied that appropriate safeguards will be put in place. Where appropriate, the agreement between the Commission and the beneficiary will provide that the Commission is to be notified at least six months prior to any such transfer of ownership or grant of a licence. Non- compliance with these provisions will be subject to the measures stipulated in Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No 1268/2012.
Amendment 420 #
2017/0125(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Export Military technology and equipment that has been produced with funding from the Union under the Programme shall not be exported to non-NATO, non-EU or non- NATO equivalent countries without prior authorisation by the Supervisory Committee. Upon being notified by a beneficiary of their intention to export military technologies or equipment to non-NATO, non-EU or non-NATO equivalent countries, the Commission shall convene the Supervisory Committee, which shall decide on all requests based on relevant Union legislation, in particular Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, the Common Military List of the Union and the User's Guide to Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment.
Amendment 426 #
2017/0125(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission, by means of an implementing act, shall adoptshall be empowered to adopt delegated acts to establish a multiannual a work programme for the duration of the Programme. This implementingdelegated act shall be adopted in accordance with the examination procedure referred to in in Article 16(2). This work programme shall be in line with the objectives set out in Article 2;
Amendment 443 #
2017/0125(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The proposals submitted following the call for proposals shall be evaluated by the Commission assisted by an independent expertand transparently selected expert committee comprising the European Parliament, the Commission and defence experts from academia, think tanks and other stakeholders, excluding representatives from defence companies to avoid bias on the basis of the award criteria of Article 10.
Amendment 455 #
2017/0125(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for a period of two years from 2019. The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. Before adopting a delegated act, the Commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on Better Law Making of 13 April 2016. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted pursuant to Article 13 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 to 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 459 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall regularly monitor and evaluate the implementation of the programme and annually report on the progress made in accordance with Article 38(3)(e) of Regulation 966/2012. To this end, the Commission shall put in place necessary monitoring arrangements.
Amendment 460 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall draw up an annual monitoring report examining the efficiency and effectiveness of the supported actions in terms of financial implementation, results, costs and, where possible, impact. To support greater efficiency and effectiveness of future Union policy actions, the Commission shall draw up a retrospectiven evaluation report annually 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. 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 464 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In due time before the end of this Programme, the Commission shall draw up an interim evaluation report on the achievement of the objectives of all the actions supported under the Programme at the level of results and impacts, the efficiency of the use of resources and its European added value. This interim evaluation report shall be available to the European Parliament and the Council before any decision on a continuation of the Programme under a new multiannual financial framework can be taken.
Amendment 466 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. The Commission shall establish a final evaluation report on the longer-term impact and sustainability of the effects of the measures.
Amendment 467 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2c. All grant beneficiaries and other parties involved who have received Union funds under this Regulation shall provide the Commission with the appropriate data and information necessary to permit the monitoring and evaluation of the measures concerned.
Amendment 468 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 d (new)
Article 17 – paragraph 2 d (new)
2d. The Commission shall submit the reports referred to in paragraphs 2, 2a and 2b to the European Parliament and the Council.
Amendment 469 #
2017/0125(COD)
Proposal for a regulation
Article 17 – paragraph 2 e (new)
Article 17 – paragraph 2 e (new)
2e. Member States shall report to the Commission or the EU delegations on their exports of EU-funded defence technologies and equipment to third countries on a six-monthly basis. The Commission shall set up a tracking mechanism to verify the end-use and end- users of defence technologies and equipment funded by the Programme and exported to third countries and report back to the European Parliament on a yearly basis.
Amendment 470 #
2017/0125(COD)
Proposal for a regulation
Annex I (new)
Annex I (new)
ANNEX I Non eligible products - Weapons of mass destruction and related warhead technologies; - Banned weapons and munitions and weapons not compliant with international humanitarian law; - Fully autonomous weapons that enable strikes to be carried out without meaningful human control as well as IA software, dual-use and military components that leave to the machine the final decision to apply lethal force; - Weapons systems that are not regulated by international legal frameworks that have been ratified by the Union or all EU member states individually to prevent misuse;
Amendment 472 #
2017/0125(COD)
Proposal for a regulation
Annex II (new)
Annex II (new)
ANNEX II Non eligible products, when they are mainly developed for export purposes: - Small arms and light weapons
Amendment 45 #
2017/0003(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 7 of the Charter of Fundamental Rights of the European Union ("the Charter") protects the fundamental right of everyone to the respect for his or her private and family life, home and communications. Respect for the privacy of one’'s communications is an essential dimension of this right. Confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication, including when the information has been sent, from where, to whom, is not to be revealed to anyone other than to the parties involved in a communication. The principle of confidentiality should apply to current and future means of communication, including calls, internet access, instant messaging applications, e-mail, internet phone calls and personal messaging provided through social media, in-platform messages between users of a social network and any private messaging systems online.
Amendment 64 #
2017/0003(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to providers of electronic communications services, to providers of publicly available directories, and to software providers of software and hardware permitting electronic communications, including the retrieval and presentation of information on the internet. This Regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collectprocess information related to or stored in end-users’' terminal equipment.
Amendment 77 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as 'hotspoWi-Fi access points' situated at different places within a city, for example department stores, shopping malls and hospitalcentres and hospitals, as well as airports, public transport, hotels and restaurants. Those Wi-Fi access points might require a login or a password and might be provided also by public administrations. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. In addition, this Regulation should apply to closed social media profiles and groups that the user has restricted or defined as private. In contrast, this Regulation should not apply to closed groups of end-users such as corporate intranet networks, access to which is limited to members of the corporan organisation.
Amendment 109 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes sensitive information that may reveal details of an individual's emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’'s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user's terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s' device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘'device fingerprinting’', often without the knowledge of the end-user, and may seriously intrude upon their privacy of these end-users. T. Therefore, any such interference with the users' terminal equipment should be allowed only with their consent and for specific and transparent purposes. The use of exceptionally privacy invasive technologies and techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment without the users' knowledge, or subvert the operation of the end-users’' terminal equipment, pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user's terminal equipment should be allowed only with the end-user's consent and for specific and transparent purposesusers' privacy and should be forbidden.
Amendment 115 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookiesinformation (such as cookies and identifiers) for the duration of a single established session on a website to keep track of the end-user’'s input when filling in online forms over several pages. CookiesTracking techniques, if implemented with appropriate privacy safeguards, can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers thatcould engage in configuration checking in order to provide the service in compliance with the end-user's settings and the mere logging ofrevealing the fact that the end-user’'s device is unable to receive content requested by the end- user, should not constitute access to such a device or use of the device processing capabilitieillegitimate access.
Amendment 125 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default weare codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internetHardware manufacturers and providers of software permitting electronic communications should have an obligation to configure thedevices and software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘rejecttheir default settings provide the highest level of privacy protection possible, protecting users' against cross-domain tracking and unauthorised interferences with theird party cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’). Such communications and terminal equipment. Users should be informed about the default privacy settings and any available options to change those settings during installation or first use of the device or software and when they make significant changes to it. Privacy settings should be presented in an objective, easily visible and intelligible manner. They should be easily accessible and modifiable during the use of the device or software. Information provided should not incentivise users to select lower privacy settings and should binclude presented in a an easily visible and intelligible mannerlevant information about the risks associated with each setting.
Amendment 133 #
2017/0003(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Children merit specific protection with regard to their online privacy. They usually start using the internet at an early age and become very active users. Yet, they may be less aware of the risks and consequences associated to their online activities, as well as less aware of their rights. Specific safeguards are necessary in relation to the use of children's data, notably for the purposes of marketing and the creation of personality or user profiles.
Amendment 143 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities domay not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should display prominent notices locaUsers' privacy should be adequately protected oin the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, these situations. Information emitted by terminal equipment of users when connecting to a network or other device should only be processed should only be allowed for specific and transparent purpose os if the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant tousers have consented or if the processing is necessary for statistical counting, as long as such counting is carried out for public utility purposes, there are no other means to achieve the envisaged purpose and that the measures established in Article 35 and Article 136 of Regulation (EU) 2016/679 have been fulfilled.
Amendment 162 #
2017/0003(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In this Regulation, direct marketing refers to any form of advertising by which a natural or legal person sends or presents direct marketing communications directly to one or more identified or identifiable end-users using electronic communications services, regardless of the form that such marketing takes. In addition to the offering of products and services for commercial purposes, this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties. The same should apply to messages sent by other non-profit organisations to support the purposes of the organisation.
Amendment 215 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the provider of an electronic communications service, provider of a publicly available directory, software provider enabling electronic communications or person sending direct marketing commercial communications or collecting (other) information related to or stored in the end-users terminal equipment is not established in the Union it shall designate in writing a representative in the Union.
Amendment 252 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Confidentiality of electronic communications shall also include terminal equipment and machine-to- machine communications when related to a user.
Amendment 257 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data only if:
Amendment 259 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) it is technically strictly necessary to achieve the transmission of the communication, for the duration necessary for that purpose; or
Amendment 264 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is technically strictly necessary to maintain or restore the availability, integrity, confidentiality and security of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 277 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it is strictly necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/212028 for the duration technically necessary for that purpose; or _________________ 28 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1–18).
Amendment 279 #
2017/0003(COD)
(b) it is strictly necessary for billing, calculating interconnection payments, detecting or stopping fraudulent use, or abusive use of, or subscription to, electronic communications services; or
Amendment 283 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-userafter receiving all relevant information about the intended processing in clear and easily understandable language, provided separately from the terms and conditions of the provider, the user or users concerned hasve given his or hertheir specific consent to the processing of his or hetheir communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled bywithout the processing information that is made anonymous. of such metadata. If the processing is likely to result in a high risk to the rights and freedoms of natural persons, Articles 35 and 36 of Regulation 2016/679 shall apply
Amendment 293 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-requested by the user, if the users concerned have given their specific consent to the processing of his or their electronic communications content and the provision of that specific service cannot be fulfilled without the processing of such content; or
Amendment 300 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) if all end-users concerned have given their explicit consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority. Points (2) and (3) of Article 36 of Regulation (EU) 2016/679 shall apply to the consultation of the supervisory authority.
Amendment 302 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Neither providers of electronic communications services, nor any other party, shall further process electronic communications data collected on the basis of this Regulation.
Amendment 303 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. Communications data generated in the provision of an electronic communications service specifically intended for children's use or targeted at them shall not be processed for any profiling, marketing or advertising purposes.
Amendment 318 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) it is strictly technically necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network; or
Amendment 322 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the end-user has given his or her consent and such consent is not imposed as a pre-condition for accessing or using a service; or
Amendment 326 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is strictly technically necessary for providing an information society service requested by the end-user; or
Amendment 339 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is technically necessary for web audience measuring of the information society service requested by the user, provided that such measurement is carried out by the provider of the information society service requested by the end-, or on behalf of the provider, or by an independent web analytics agency acting in the public interest or for scientific purpose; and further provided that no personal data is made accessible to any other party and that such web audience measurement does not adversely affect the fundamental rights of the user.;
Amendment 359 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. No user shall be denied access to any information society service or functionality, regardless of whether this service is remunerated or not, on grounds that he or she has not given his or her consent under Article 8(1)(b) to the processing of personal information and/or the use of storage capabilities of his or her terminal equipment that is not necessary for the provision of that service or functionality.
Amendment 362 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a
Article 8 – paragraph 2 – subparagraph 1 – point a
(a) it is done exclusively in order to, for the time necessary for, and for the sole purpose of establishing a connection requested by the user; or
Amendment 363 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the user has been informed and has given consent; or
Amendment 365 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a b (new)
Article 8 – paragraph 2 – subparagraph 1 – point a b (new)
(a b) the data are anonymised and the risks are adequately mitigated; or
Amendment 366 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a c (new)
Article 8 – paragraph 2 – subparagraph 1 – point a c (new)
(a c) it is necessary for the purpose carrying out statistical counting for reasons of public interest of public utility and this purpose cannot not be fulfilled by processing information that is made anonymous.
Amendment 367 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
Amendment 372 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 375 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. For the purposes of point (c) of the previous paragraph, the following safeguards shall be implemented to mitigate risks: (a) Tracking shall be limited to pseudonymous data (b) Tracking shall be limited in space and time to the strict minimum necessary to fulfil the established purpose (c) The data collected shall be deleted or anonymised immediately after the established purpose is fulfilled (d) Users shall have the possibility to easily opt-out (e) The processing information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied.
Amendment 376 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2 b. A data protection impact assessment and a consultation of the supervisory authority should always take place prior to the processing of communications data under points (b) and (c) of paragraph 2. Articles 35 and 36 of Regulation (EU) 2016/679 shall apply with regard to the impact assessment and the consultation to the supervisory authority.
Amendment 394 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1) and point (b) of Article 8(2), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internetor a device enabling electronic communications. The choices made by users should be binding on and enforceable against any third parties. If users are required to give consent that contradicts the settings of their software, such consent shall always have to be given explicitly.
Amendment 398 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-uUsers who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and1), point (c) of Article 6(2), points (a) andof Article 6(3), point (b) of Article 8(1) and point (b) of Article 6(38(2) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 403 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. Users shall not be denied access to an information society service or functionality, irrespective of whether the service is provided for remuneration or not, on grounds that they have not given their consent under point (c) of Article 6(1), point (c) of Article 6(2), point (a) of Article 6(3), point (b) of Article 8(1) or point (b) of Article 8(2) to the processing of information or the use of the processing or storage capabilities of their terminal equipment that is not necessary for the provision of that service or functionality. In particular, processing of data for the purposes of providing behaviourally targeted advertising shall not be considered as necessary for the performance of a service.
Amendment 410 #
2017/0003(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 414 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. SThe default settings of hardware and software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmentbe configured to provide the highest level of privacy protection and protect users' against unauthorised interferences. In particular, default settings shall prevent the tracking of users' online behaviour by other parties. For this purpose, privacy settings shall include a signal which is sent to other parties to inform them about the users' settings. Such settings shall be binding on and enforceable against any other party.
Amendment 420 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the softwarefirst use or whenever any significant modifications are introduced, the user shall be inform the end-usered about the default privacy settings options and, to continue with the installation, require the end-user to consent to a settingand other available options, if any. Information shall be presented in an easily visible and intelligible manner. It shall not incentivise users to select lower privacy settings and shall include relevant information about the risks associated with each setting. Settings must be easily accessible and modifiable at any time during the use of the device or software.
Amendment 427 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Hardware and software which enables electronic communications and is specifically intended for children's use or targeted at children shall not allow tracking of its user's behaviour and activities for profiling, marketing or advertising purposes.
Amendment 466 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. NThe use by natural or legal persons may useof electronic communications services, including voice-to-voice calls, automated calling and communications systems, including semi-automated systems that connect the call person to an individual, faxes, e-mail or other use of electronic communications services for the purposes of presendting unsolicited or direct marketing communications to end-users who are natural persons that, shall be allowed only in respect of users who have given their prior explicit consent.
Amendment 479 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Unsolicited marketing communications shall be clearly recognisable as such and shall indicate the identity of the legal or natural person transmitting the communication or on behalf of whom the communication is transmitted. Such communications shall provide the necessary information for recipients to exercise their right to refuse further written or oral marketing messages.
Amendment 483 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural personusers shall only be allowed in respect of end- users who are natural persons who have not expressed their objection to receiving those communications. Member States shall provide that users can objection to receiving thosee unsolicited communications via a national Do Not Call Register, thereby also ensuring that the user is only required to opt out once.
Amendment 486 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner that is as easy as giving the consent and free of charge, to receiving further marketing communications.
Amendment 60 #
2016/0404(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to a regulated profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discrimination, justification and proportionality.
Amendment 69 #
2016/0404(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The right to determine the level of protection that Member States wish to provide to public health as well as the means and methods to reach that level lies solely with the Member States and health and life of humans rank foremost among the interests protected by the TFUE. The measures regarding the assessment of non-discrimination, justification and proportionality, as set out in specific provisions of this Directive, should therefore not apply to requirements concerning the regulation of professions providing healthcare services whether or not these are provided via healthcare facilities, and regardless of the way in which they are organised and financed at national level or whether they are public or private. Notwithstanding, provisions pertaining to consultation, exchange of information and transparency as set out in this Directive should remain applicable for such requirements. Requirements concerning the regulation of professions providing healthcare services remain as well subject to Directive 2005/36/EC, including the principles of non- discrimination, justification and proportionality and the procedures defined in Article 59 of that Directive.
Amendment 74 #
2016/0404(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7 b) This Directive is without prejudice to national education and training structures and to the competence of Member States to define the organisation and the content of their systems of education and professional training;
Amendment 82 #
2016/0404(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Regulation of professions plays a key role in protecting public interest objectives and should, inter alia, contribute to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health and to environmental and consumer protection; effective professional regulation is furthermore of paramount importance in order to ensure high quality products and services;
Amendment 83 #
2016/0404(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) It is for the Member States to determine the level of protection which they wish to afford to the public interest objectives and the proportionate way in which that level is to be achieved. The fact that one Member State imposes less strict rules than another Member State does not mean that the latter Member State’s rules are disproportionate and therefore incompatible with EU law;
Amendment 84 #
2016/0404(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) Member States should undertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing, essential legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, taking into account the reasonable margin of appreciation allowed to Member States. The extent and degree of intensity of the assessment shall be proportionate to the nature, the content and the impact of the provisions being introduced. Provisions which would not restrict access to or pursuit of regulated professions, such as editorial amendments, or adaptations to content of training courses or modernisation of training regulations, should not fall within the scope of this Directive.
Amendment 89 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justifMember States should ensure that any measure introducing new, or amending existing, essential legislative, regulatory or administrative provisions restrication should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and byng access to or pursuit of regulated professions is accompanied by an explanation making it possible to appraise compliance with the principles of non-discrimination, justification and proportionality, which should include specific evidencelements substantiating its arguments.
Amendment 93 #
2016/0404(COD)
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to monitor the non- discrimination, justification and proportionality of the essential provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned. A review of theafter adoption. A review of the non-discrimination, justification and proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. TheSuch assessment of the proportionality of the national legislation should be based on significant developments found to have occurred in the area since the legislation was adopted.
Amendment 94 #
2016/0404(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out the non-discrimination, justification and proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants.
Amendment 102 #
2016/0404(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among theIt is also useful to provide certain examples of overriding reasons of general interest, which have been recognised by the European Court of Justice, arewhose case-law may continue to evolve. Such examples include: preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; ensuring safe, healthy and secure working conditions; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and, prevention of tax evasion and avoidance; road safety and effectiveness of fiscal supervision; transport safety; guaranteeing the quality of products and services; promotion of research and development; ensuring high standards of education; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives , including the encouragement of employment and recruitment and the maintenance of employment, and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest. Control measures should be considered justified if they are needed in order to ensure compliance with provisions justified by public interest objectives.
Amendment 113 #
2016/0404(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Additionally, when making their assessments of non-discrimination, justification and proportionality Member States should also, where relevant, give full consideration to citizens' rights of access to justice, as guaranteed pursuant to Article 47 of the Charter of Fundamental Rights of the European Union.
Amendment 118 #
2016/0404(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements to be taken into account by national authoriti, where relevant, by Member States, the following are of most relevance: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
Amendment 121 #
2016/0404(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Where a Member State regulates a profession, account should be taken, where relevant, of the fact that technological developments may reduce or increase the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, up-dates in access requirements may be of particular importance for a number of professions. Where developments, including technological changes, carry a risk for the public interest objectives, it is for the Member States to provide for stricter regulation ensuring that professionals keep up with those developments.
Amendment 124 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work on the quality of the service provided and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.and on the freedom to choose an occupation should be duly taken into account, where relevant, by the Member States;
Amendment 129 #
2016/0404(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm toonsider, where relevant, the possibility to use less restrictive solutions to achieve the same public interest objectives.
Amendment 138 #
2016/0404(COD)
Proposal for a directive
Recital 20
Recital 20
(20) TWhe national authoritire relevant, Member States should carry out a globaln assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing severaleffect of the new or amended provisions when combined with other requirements restricting addition to the specific professional qualificatccess to or pursuit of the profession. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development,new or amended measures, Member States should also take into account, where relevant, the effects of those measures combined with other existing requirements, such as compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as language knowledge requirements, to the extent necessary to practise the profession. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it In carrying out this assessmentially duplicates, existing requirements which have already been introduced in the context of other rules or procedures not being amended should not be subject to the proportionality assessment.
Amendment 145 #
2016/0404(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizen, before introducing new, or amending existing, measures restricting access to or pursuit of regulated professions, publicly disclose the relevant information on the provisions, adequately consult citizens, service recipients, including consumers, representative associations or, social partners and other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated, including those who are not members of the professions, and give them the opportunity to make known their views.
Amendment 150 #
2016/0404(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To facilitapromote the exchange of best practices, each Member Statethe Commission should encourage the relevant competent authoritiMember States to share adequate and regularly updated information with other Member States on the regulation of professions and facilitate such exchange.
Amendment 156 #
2016/0404(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect Member States’ prerogative and margin of discretion to decide, in the absence of harmonisation at EU level, whether and how to regulate a profession while respecting the principles of non- discrimination, justification and proportionality.
Amendment 171 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Articles 4, 4(a), 5 and 6 of this Directive shall not apply to requirements concerning the regulation of professions providing healthcare services whether or not these are provided via healthcare facilities, and regardless of the way in which they are organised and financed at national level or whether they are public or private.
Amendment 175 #
2016/0404(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Ex ante assessment of new measures and monitoring
Amendment 177 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing newundertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing, essential legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake antaking into account the reasonable margin of appreciation allowed to Member States. The extent of the assessment of theirshall be proportionality in accordance with the rules laid down in this Directivete to the nature, the content and the impact of the provisions being introduced.
Amendment 187 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statementn explanation making it possible to appraise compliance with the principles of non- discrimination, justification and proportionality.
Amendment 191 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessarynon-discriminatory, justified and proportionate shall be substantiated by qualitative and, wherever possible, and relevant, quantitative evidenclements, taking into account the specific circumstances of that Member State.
Amendment 201 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies.
Amendment 209 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember States shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as, for example, preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, ensuring safe, healthy and secure working conditions, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and, prevention of tax evasion and avoidance, road safety and effectiveness of fiscal supervision, transport safety, guaranteeing the quality of products and services, promotion of research and development, ensuring high standards of education, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives, including the encouragement of employment and recruitment and the maintenance of employment, and cultural policy objectives.
Amendment 216 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Grounds of a purely economic nature having essentially protectionist aim or effects or purely administrative reasons shall not constitute overriding reasons in the public interest, justifying a restriction on access to or pursuit of regulated professions. Control measures shall be considered justified if they are needed in order to ensure compliance with provisions justified by public interest objectives.
Amendment 228 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiMember States shall consider in particular, where relevant:
Amendment 243 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the necessity of the provision and in particular whether existing rules of a specific or more general nature, such as product safety legislation or consumer protection law, are insufficient to protect the objective pursued;
Amendment 264 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;
Amendment 271 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may reduce or increase the asymmetry of information between professionals and consumers;
Amendment 275 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and on the quality of the service provided, as well as the impactnd on the free movement of persons and services within the Union and on the freedom to choose an occupation;
Amendment 281 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
(k) the cumulative effect of restrictions to both access to and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is neeffect of the new or amended provisions when combined with other requirements restricting accessary to achieve the same public interest objectiveor pursuit of the profession.
Amendment 289 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authoritiMember States shall assess in particular the cumulative effect of imposing any of the following requiremeneffect of the new or amended provisions when combined with the following requirements, where relevant, it being understood that there might be positive as well as negative effects:
Amendment 294 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;
Amendment 297 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a a (new)
Article 6 – paragraph 4 – point a a (new)
(aa) protected professional title;
Amendment 298 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
Amendment 300 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) rules relating to the organisation of the profession, professional ethics and superviand supervision of the profession;
Amendment 303 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
(i) requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 313 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 318 #
2016/0404(COD)
Proposal for a directive
Article 8 – title
Article 8 – title
Exchange of information between competent authoritiMember States
Amendment 326 #
2016/0404(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessaryDirective 2005/36/EC and with this Directive, are non-discriminatory, justified and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authoritiMember States in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.
Amendment 736 #
2016/0288(COD)
Proposal for a directive
Article 105 – title
Article 105 – title
Interoperability of consumer radio and digital television equipment
Amendment 739 #
2016/0288(COD)
Proposal for a directive
Article 105 – paragraph 1
Article 105 – paragraph 1
In accordance with the provisions of Annex X, Member States shall ensure the interoperability of the consumer radio and digital television equipment referred to therein.
Amendment 748 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and related complementary services, particularly accessibility services to enable appropriate access for disabled end-users and data supportingto content and electronic programming guides for end-users with disabilities and data supporting and enabling end-users access to connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channeland services use them to receive radio and audiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 755 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
(2) Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where remuneration is to be provided for, the requirement for remuneration and its level shall be laid down by law and Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 757 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, by legal provisions, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services. Where remuneration is provided for, Member States shall ensure that it is applied in a proportionate and transparent manner.
Amendment 9 #
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 53(1) and 62, 62, 151, 153(1)(a) and 153(1)(b) thereof,
Amendment 95 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 106 #
2016/0070(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) This Directive establishes a protective framework for posted workers. The framework is non-discriminatory, transparent and proportionate and at the same time, it honours the diversity of national industrial relations. It does not prevent the application of terms and conditions of employment which are more favourable to posted workers.
Amendment 187 #
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 1 – paragraph 1 – indent 2 – point g a (new)
Article 1 – paragraph 1 – indent 2 – point g a (new)
(ga) through legislation that governs the reimbursement of travel and accommodation expenses for the worker posted.
Amendment 218 #
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 1b a (new)
Article 3 – paragraph 1b a (new)
(ca) The following paragraph shall be inserted: “1ba. In accordance with their national laws and practices and on a non- discriminatory basis, Member States may also base themselves on collective agreements or arbitration awards determined by the Member State in which the work is carried out, to be representative of the geographical area, the profession or industry concerned, and on the agreements or awards which offer the most favourable terms and conditions of employment to the worker.”
Amendment 19 #
2012/0060(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade, but respecting environmental, social and product standards in the internal market.
Amendment 23 #
2012/0060(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Within the context of the WTO and through its bilateral relations, the Union advocates an ambitious opening of international public procurement and concessions markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit, based on fair trade.
Amendment 24 #
2012/0060(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to avoid confusion about the concession of goods, it is necessary to introduce a definition of the term “concession”.
Amendment 28 #
2012/0060(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Many third countries are reluctant to open their public procurement and their concessions markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices and concessions in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities and therefore a procedure to prevent imbalances in third-country public procurement markets should exist.
Amendment 31 #
2012/0060(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In the interest of legal certainty for Union and third-country economic operators and consumers, contracting authorities and contracting entities, the international market access commitments undertaken by the Union towards third countries in the field of public procurement and concessions should be reflected in the legal order of the EU, thereby ensuring effective application thereof.
Amendment 41 #
2012/0060(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In view of the fact that the access of third country goods and services to the public procurement market of the Union falls within the scope of the common commercial policy, Member States and their contracting authorities and contracting entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than those provided for in this Regulation, if the goods or services comply with the quality and environmental standards imposed on products and services in the internal market.
Amendment 59 #
2012/0060(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is imperative that contracting authorities and contracting entities have access to a range of high-quality products and services meeting their purchasing requirements at a competitive price. Therefore contracting authorities and contracting entities should be able not to apply price adjustment measures limiting access of non-covered goods and services in case there are no Union and/or covered goods or services available which meet the requirements of the contracting authority or contracting entity to safeguard essential public needs, for example in the fields of health and public safety, or where the application of the measure would lead to a disproportionate increase in the price or costs of the contract.