38 Amendments of Hartmut NASSAUER
Amendment 47 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 17
Recital 17
(17) Since the objectives of the proposed accompanying measures cannot be sufficiently achieved by the Member States, as national measures in that field would either lead to distortion of the conditions of competition or affect the scope of exclusive rights of the phonogram producer which are defined by Community legislation and can therefore, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this directive does not go beyond what is necessary in order to achieve those objectives. Among the accompanying transitional measures is also the mandatory collective exercise of the rights of performers and phonogram producers concerning on-demand services by broadcasters of their radio or television productions of which music from lawfully published phonograms is an integral part. This system of collective rights management complements the remuneration regime for the broadcasting of lawfully published phonograms under Article 8(2) of Directive 2006/115/EC and guarantees that, throughout the full term of protection of lawfully published phonograms, the relevant performers and phonogram producers receive a fair share of the remuneration also for the on- demand use of broadcast productions.
Amendment 85 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. Member States may regulate whether and to what extent administration by collecting societies of the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposed. With respect to the administration of rights concerning the on-demand services by broadcasters of their radio or television productions incorporating music from lawfully published phonograms, Member States shall ensure that the rights of performers and phonogram producers to rant or refuse authorization for such use may be exercised only through the collection society which has been established for collecting and distributing the remuneration for broadcasting such phonograms.
Amendment 69 #
2008/0130(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) it shall have a business object.
Amendment 85 #
2008/0130(CNS)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
An SPE shall not be under any obligation to have its central administration or principal place of business in the Member State in which it has its registered office.
Amendment 89 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The articles of association of a SPE shall be in writing andexist at least in written form and shall be signed by every founding shareholder.
Amendment 94 #
2008/0130(CNS)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) in relation to third parties, in accordance with the provisions of the applicable national law implementing paragraphs 5, 6 and 7 of Article 3 of Directive 68/151/EEC. The Member States may additionally make applicability as regards third parties dependent on a disclosure in accordance with Article 3(2) of Directive 68/151/EEC.
Amendment 97 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Application for registration shall be made by the founding shareholders of the SPE or by any person authorised by them. Such application may be made by electronic means in accordance with Directive 68/151/EEC.
Amendment 103 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(ga) the business object of the SPE;
Amendment 110 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Registration of the SPE mayshall be subject to onlyat least one of the following requirements:
Amendment 113 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The SPE shall submit any change in the particulars or documents referred to in points (a) to (g) of paragraph 2 to the register within 14 calendar days of the day on which the change takes place. After every amendment to the articles of association, the SPE shall submit its complete text to the register as amended to date. Paragraph 1 and paragraph 4 shall apply mutatis mutandis. Any amendment shall be published in accordance with Article 3(2) of Directive 68/151/EEC.
Amendment 116 #
2008/0130(CNS)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The Member States may, in addition to providing for shares to be recorded in the list of shareholders, provide for the shares to be published in a public register.
Amendment 121 #
2008/0130(CNS)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. In the case of Article 14(5), paragraphs 1 and 2 of this article shall apply mutatis mutandis to publication in the public register.
Amendment 126 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. All agreements on the transfer of shares shall be at least in written form. The Member States may make their validity conditional on official verification of lawfulness of the act of transfer by an administrative or judicial body or on public authentication.
Amendment 128 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. On notification of a transfer, the management body shall, without undue delay, enter the shareholder in the list referred to in Article 15, provided that the transfer has been executed in accordance with this Regulation and the articles of association of the SPE and the shareholder submits reasonable evidence as to his lawful ownership of the share. In the case of Article 14(4a), the management body shall make the request for publication on the register without undue delay.
Amendment 131 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) in relation to third parties, on the day the shareholder is entered in the list referred to in Article 15 or the third party’s status as shareholder is published in the register referred to in Article 14(4a).
Amendment 152 #
2008/0130(CNS)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
2. If the articles of association so require, tThe management body of the SPE, in addition to complying with paragraph 1, shall sign a statement, hereinafter a 'solvency certificate', before a distribution is made, certifying that the SPE will be able to pay its debts as they become due in the normal course of business within one year of the date of the distribution. Shareholders shall be provided with the solvency certificate before the resolution on the distribution referred to in Article 27 is taken.
Amendment 164 #
2008/0130(CNS)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The appointment, termination of office and particulars of the members of the management body who are authorised to represent the company in dealings with third parties and in legal proceedings shall be disclosed by entry in the register referred to in Article 9(1).
Amendment 68 #
2008/0090(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Documents related to non- legislative procedures, such as binding measures with individual scope or conclusions, recommendations or resolutions should be easily accessible in compliance with the principle of good administration outlined in Article 41 of the Charter, while at the same time preserving the effectiveness of the institutions' decision-making process, the protection of legitimate private interests, e.g. in competition law and cartel cases and in procurement and selection procedures, as well as the individual rights of data subjects as laid down in Regulation (EC) 1049/01.
Amendment 72 #
2008/0090(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that the right of citizens' access is fully respected, a two-stage administrative procedure should apply, with the additional possibility of court proceedings or and made easier: –texts relating to legislative procedure should be accessible by electronic means in the Official Journal of the European Union, –other documents or at least the relevant references should be accessible via an institution's register. A two-stage administrative procedure should apply for access to documents not directly accessible or classified. an institution's refusal should be open to challenge in court or via a complaints to the European Ombudsman.
Amendment 91 #
2008/0090(COD)
Proposal for a regulation
Article 3 – point a b (new)
Article 3 – point a b (new)
(ab) 'legislative documents' shall mean documents drawn up or received in the course of procedures for the adoption of legally binding acts which are of general scope;
Amendment 93 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The institutions shall refuse access to a document where disclosure would undermine the protection of public or private interests linked to:
Amendment 108 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. NThe institutions shall publish the names, titles and functions of public office holders, civil servants and interest representatives in relation with their professional activities shall be disclosed, unless, given the particular circumstances, disclosure would adversely affect the persons concerned. Other personal data shall be disclosed in accordance with the conditions regarding lawful processing of such data laid down in EC legislation on the protection of individuals with regard to the processing of personal data.
Amendment 133 #
2008/0090(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. The institutions shall publish their organisational chart indicating the remit of their internal units.
Amendment 1 #
2007/0022(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The legislation listed in the Annex to this Directive contains provisions which should be subject to measures which relate to criminal law, in order to ensure that the rules on environmental protection are fully effective.
Amendment 2 #
2007/0022(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) The obligations imposed by this Directive relate only to the provisions of the legislation listed in the Annex hereto which entail an obligation for Member States, when implementing that legislation, to provide for prohibitive measures.
Amendment 3 #
2007/0022(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Where a continuing activity proves after a lapse of time to give rise to environmental damage which may in turn give rise to criminal liability under this Directive, the question whether or not the perpetrator of the damage acted intentionally or negligently should be determined by reference to the time when the perpetrator became aware, or should have been aware, of the facts constituting the offence and not to the time when the perpetrator commenced its activity. It should be borne in mind in this connection that the prior grant of an authorisation, licence or concession should not constitute a defence in such circumstances.
Amendment 4 #
2007/0022(COD)
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) “unlawful” means infringing a Community legislationact listed in the Annex hereto or a law, an administrative regulation or a decision taken by a competent authority in a Member State aiming at the protection of the environmentintended to transpose Community legislation.
Amendment 5 #
2007/0022(COD)
Proposal for a directive
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) "protected wild fauna and flora species" means: (i) for the offence referred to in Article 3(g), those listed in: – Annex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora1; – Annex 1 to, and referred to in Article 4(2) of, Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds2; and (ii) for the trade-related offence referred to in Article 3(ga), those listed in: – Annexes A or B to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein3; __________________________________ 1 OJ L 206, 22.7.1992, p. 7. Directive as last amended by Directive 2006/105/EC (OJ L 363, 20.12.2006, p. 368). 2 OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 2006/105/EC (JO L 363, 20.12.2006, p. 368). 3 OJ L 61, 3.3.1997, p. 1. Regulation as last amended by Commission Regulation (EC) No 1332/2005 (OJ L 215, 19.8.2005, p. 1).
Amendment 6 #
2007/0022(COD)
Proposal for a directive
Article 2 – point a b (new)
Article 2 – point a b (new)
(ab) "habitat within a protected site", means any habitat of species for which an area is classified as a special protection area pursuant to Article 4(1) or (2) of Directive 79/409/EEC, or any natural habitat or a habitat of species for which a site is designated as a special area of conservation pursuant to Article 4(4) of Directive 92/43/EEC.
Amendment 7 #
2007/0022(COD)
Proposal for a directive
Article 3 – introductory wording
Article 3 – introductory wording
Member States shall ensure that the following conduct constitutes a criminal offence, when unlawful and committed intentionally or with at least serious negligence:
Amendment 8 #
2007/0022(COD)
Proposal for a directive
Article 3 – point a
Article 3 – point a
Amendment 9 #
2007/0022(COD)
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) the unlawful possession, taking, damaging, killprocessing or tradkilling of or in specimens of protected wild fauna and flora species or parts or derivatives thereof and the killing or destruction of such specimens, except in cases where the conduct concerns a negligible quantity of those specimens and has a negligible impact on the conservation status of the species;
Amendment 10 #
2007/0022(COD)
Proposal for a directive
Article 3 – point g a (new)
Article 3 – point g a (new)
(ga) trading in specimens of protected wild fauna and flora species or parts or derivatives thereof, except in cases where the conduct concerns a negligible quantity of those specimens and has a negligible impact on the conservation status of the species;
Amendment 11 #
2007/0022(COD)
Proposal for a directive
Article 3 – point h a (new)
Article 3 – point h a (new)
(ha) the significant deterioration of a habitat within a protected site through building work, stone clearance, deforestation, grubbing and planting work, and arson or comparable serious acts;
Amendment 12 #
2007/0022(COD)
Proposal for a directive
Article 3 – point i
Article 3 – point i
(i) the unlawful trade irade in, or the manufacture, placing on the market, distribution or use of, ozone- depleting substances.
Amendment 13 #
2007/0022(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Offences committed with serious negligence Member States shall ensure that the forms of conduct listed in points (a) to (f) and points (h) and (i) of Article 3 constitute criminal offences, when committed with serious negligence.
Amendment 14 #
2007/0022(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Adoption of new legislation Whenever subsequent legislation on environmental matters is adopted, it shall specify where appropriate that the Annex to this Directive is to be amended.
Amendment 15 #
2007/0022(COD)
Proposal for a directive
Annex (new)
Annex (new)