7 Amendments of David CASA related to 2011/0330(CNS)
Amendment 9 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Personal data processed in accordance with this Regulation should be kept for no longer than is necessary, in compliance with the applicable national and Union law.
Amendment 10 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of an effective application of this Regulation, it may be necessary to limit the scope of certain rights and obligations laid down by Directive 95/46/EC, specifically the rights defined in Articles 10, 11(1), 12 and 21 thereof, in order to safeguard the interests referred to in Article 13(1) (e) of that Directive, , bearing in mind the potential loss of revenue for Member States and the crucial importance of information covered by this Regulation for the effectiveness of the fight against fraud. Member States should be obliged to apply such limitations, to the extent they are necessary and proportionate. Given the need to preserve evidence in cases of suspected fiscal irregularities or fraud limitations and to prevent interference with the correct assessment of compliance with excise legislation it may be necessary to restrict the obligations of the data controller and the rights of the data subject relating to the provision of information, access to data and publicising of processing operations, in the course of the exchange of personal data under this Regulation.
Amendment 11 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure uniform conditions for the implementation of Articles 8, 16, 19, 20, 21 and 34 ofthis Regulation, and to describe the main categories of data that can be exchanged by Member States under this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 powers11 .
Amendment 12 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Processing of personal data relating to offences, criminal convictions or security measures is to be carried out in accordance with Article 8(5) of Directive 95/46/EC or Article 10(5) of Regulation (EC) No 45/2001.
Amendment 14 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) The Commission should establish a new VAT and excise duties forum, similar to the Joint Transfer Pricing Forum (JTPF), within which companies can address issues relating to corporate VAT and disputes between Member States.
Amendment 36 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Amendment 39 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Provided the third country concerned has given a legal undertaking to provide the assistance required to gather evidence of the irregular nature of transactions which appear to contravene excise legislation, information obtained under this Regulation may be communicated by a competent authority of a Member State to that third country, with the consent of the competent authorities which supplied the information, in accordance with their national law, for the same purposes for which this information has been supplied and in compliance with Directive 95/46/EC, in particularcluding the provisions on transfers of personal data to third countries, and the national legal measures implementing the Directive.