964 Amendments of Françoise CASTEX
Amendment 12 #
2013/2175(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the Union is faced with major challenges especially in the fields of reindustrialisation, energy transition and digital equipment, which call for considerable investments; considers that it is the responsibility of public authorities to promote these investments, which have significant employment potential; takes the view that EU competition policy must not act as a brake on these investments;
Amendment 5 #
2013/2116(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes with concern the increasing number of complaints by online ticket purchasers falling victim to what is commonly referred to as 'IP tracking', seeking to record the number of web visits by individual users through the same IP address and then artificially push up prices based on the level of interest revealed by other similar searches; calls on the Commission to investigate the frequency of this practice, which results in unfair competition and breaches of users' personal data, and, if appropriate, propose suitable legislation to protect user interests;
Amendment 2 #
2013/2114(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the judgments of the Court of Justice of the European Union, particularly in cases C-467/08, Padawan v SGAE, of 21 October 2010, C-462/09, Stichting de Thuiskopie v Opus Supplies Deutschland GmbH and others, of 16 June 2011, C-277/10, Martin Luksan v Petrus van der Let, of 9 February 2012, C-457/11 – C-460/11, VG Wort v Kyocera Mita and others, of 27 June 2013, and C-521/11, Austro Mechana v Amazon, of 11 July 2013,
Amendment 28 #
2013/2114(INI)
Motion for a resolution
Recital G
Recital G
G. whereas these levies only constitute a smallminute proportion of the turnover – estimated to total more than EUR 1 000 billion – of manufacturers and importers of traditional and digital recording media and material, which for the most part are non- European companies;
Amendment 39 #
2013/2114(INI)
Motion for a resolution
Recital L
Recital L
L. whereas disparities exist between the various models and collection rates for private copying levies and between their impact on consumers and the single market; and whereas, to preserve the underlying stability of the system in the digital age in these days of the single market, the royalty arrangements in many Member States should be modernised and a European framework should be created that guarantees that equivalent conditions apply to rightholders, consumers, manufacturers and importers of equipment and service providers across the Union;
Amendment 73 #
2013/2114(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to consider whether they might implement an enhanced cooperation procedure with a view to establishing a European private copying levy system;
Amendment 88 #
2013/2114(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recommends that, in addition to this primary responsibility incumbent upon manufacturers and importers, there should be a joint responsibility applying to all those involved in the sales chain, extending as far as the ultimate consumer, the object being to prevent fraud and unfair competition;
Amendment 94 #
2013/2114(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which the product is placed on the market and that the product then be allowed to circulate freely in the internal market without being subject to additional leviesof residence of the end user, in keeping with the Court of Justice’s Opus ruling;
Amendment 97 #
2013/2114(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to assess the desirability of setting up a European declaration portal to lighten the workload and simplify the declaration process for manufacturers and importers; notes that the purpose of such a portal would be to provide a single site on which importers and distance sellers could declare cross- border sales and movements of eligible products;
Amendment 101 #
2013/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, accordingly, private copying levies cannot be collected by a collective management organisation of a Member State if remuneration of the same kind has already been collected in another Member Statefor the same product in several Member States; any levies unduly paid in a Member State other than that of the end user should be reimbursed;
Amendment 145 #
2013/2114(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that the implementation of exclusive rights does not guarantee all rightholders, and in particular performance artists and certain categories of author in a number of Member States, a fair and proportional share of revenue arising from the use of their works;
Amendment 3 #
2013/2075(INI)
Draft opinion
Recital A
Recital A
A. whereas competition policy seeks to ensure the smooth running of the internal market, protect consumers from anti- competitive practices and to optimise pricing;
Amendment 5 #
2013/2075(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. having regard to the essential role of public action, public investment and SGEIs in ensuring social cohesion, particularly at a time of crisis;
Amendment 10 #
2013/2075(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the implementation, in 2012, of the State Aid Package; notes with satisfaction certain measures creating exemption from notification obligations; calls on the Commission to take stock of the implementation of the Package, including the possible quantitative and qualitative effects on jobs and services for citizens;
Amendment 11 #
2013/2075(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Notes that the principle of subsidiarity, democratic control and promoting public interest are also founding principles of the European Union; (To be inserted before paragraph 1)
Amendment 12 #
2013/2075(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the Commission should take further steps to reduce the legal uncertainty surrounding SSGIs resulting from the Commission’s application of competition law and its interpretation by the Court; calls on the Commission to confirm that public goods, public services, SGIs and the non-profit sector are not subject to the rules on competition but form a sector which is organised by the Member States or sub- state authorities according to the principle of subsidiarity and operates exclusively in the public interest;
Amendment 13 #
2013/2075(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that, in line with the general principles of the Treaties (non- discrimination, equal treatment, proportionality), the Member States and local authorities must be free to decide how SSGIs are financed and organised; in this context, draws attention to the EU’s social objectives and to promoting the quality, accessibility and effectiveness of these services, irrespective of whether they are provided by public or private operators;
Amendment 14 #
2013/2075(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes special attention should be paid to social housing, which plays a key role in social inclusion, mitigating the effects of the economic crisis and the creation of jobs not susceptible to relocation; regrets the fact that the December 2011 package of measures concerning state aid limits exemptions in the area of social housing to disadvantaged citizens and socially less- advantaged groups; calls on the Commission to review this definition, which is too restrictive;
Amendment 15 #
2013/2075(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Notes the Commission’s speed of response in ensuring that numerous banks were rescued and remained in operation in 2012 and putting in place a temporary emergency regime; considers that it should be possible to adopt the same approach to help other crisis-hit industrial sectors;
Amendment 18 #
2013/2075(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the European Union is faced with major challenges in the fields of reindustrialisation, energy transition and digital equipment, which call for considerable investments; considers that companies, focused on short-term profit, are unable to guarantee the long-term investment necessary for a return to sustainable, inclusive growth; considers that it is the responsibility of public authorities to promote these investments; takes the view that competition policy must not act as a brake on these ‘investments of the future’;
Amendment 23 #
2013/2075(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the Commission’s support for the deployment of broadband infrastructure throughout Europe which will generate economic competitiveness and social cohesion; wonders whether digital services in Europe can be classified as SGEIs;
Amendment 28 #
2013/2075(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Questions the notion of ‘inappropriate aid’ introduced by the Commission and calls for the criteria defining effective aid to be specified; notes that the Court of Justice has found that a condition of efficiency is not appropriate to compensation for public services;
Amendment 31 #
2013/2075(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Questions the approach put forward by the Commission in its annual report, which presents competition policy as an instrument of budgetary policy and monitoring of public spending; also questions the legitimacy of the Commission in acting on this basis;
Amendment 40 #
2013/2075(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the type of dialogue engaged in by the Commissioner for Competition cannot replace genuine democratic control by Parliament; stresses that monitoring is all the more necessary since, under competition policy, the Commission monitors decisions taken by democratically-elected national and local authorities;
Amendment 43 #
2013/2075(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes the view that ensuring a level playing field for companies in the internal market also depends on combating social dumping, which should be regarded as an anti-competitive practice; believes the Commission should therefore endeavour to reduce the considerable discrepancies between the Member States in terms of salaries, working conditions and company taxation;
Amendment 16 #
2013/2063(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. With regard to the manner in which copyright works are stored by cloud computing services, and to the purpose of such storage, wonders whether these services can be considered to be the same as traditional and digital recording and storage media and equipment;
Amendment 17 #
2013/2063(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to look into how the cloud storage of copyright works affects royalty collection systems, and, more specifically, the ways in which private copying levies are imposed;
Amendment 25 #
2013/2063(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to promote the development of decentralised, freeware-based services that enable European citizens to regain control over their personal data and communication by means of point-to-point encryption;
Amendment 59 #
2013/2063(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to evaluate the impact of cloud storage of protected works on copyright collection systems, and particularly on licence fee mechanisms for private copying;
Amendment 246 #
2013/0309(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules, Directive 1995/46, Directive 2002/58 and Directive 2000/31/EC.
Amendment 261 #
2013/0309(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In an open internet, providers of electronic communications to the public should, within contractually agreed limits on data volumes and speeds for internet access services, not block, slow down, degrade or discriminate against specific content, applications or services or specific classes thereof except for a limited number of reasonable traffic management measures. Such measures should be transparent, proportionate and non- discriminatory. Reasonable traffic management encompasses prevention or impediment of serious crimes, including voluntary actions of providers to prevent access to and distribution of child pornography. Minimising the effects of network congestion should be considered reasonable provided that network congestion occurs only temporarily or in exceptional circumstances.
Amendment 277 #
2013/0309(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary forcould serve to the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such quality characteristics are technically necessary for the functionality of the service and agreements do not substantially impair the general quality of internet access services.
Amendment 318 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
d) to facilitate both innovative and high- quality service provision; and affordable access to broadband communications, having regard in particular to the contribution and needs of small and medium-sized enterprises as well as not- for-profit sector operators providing Internet access services;
Amendment 356 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘specialised service’ means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-end or provides the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute forperated within closed electronic communications networks using the Internet Protocol with strict admission control and that is not marketed or used as a substitute for internet access service or functionally identical to services available over the public internet access service;
Amendment 412 #
2013/0309(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When establishing authorisation conditions and procedures for the use of radio spectrum, national competent authorities shall have regard in particular to equal treatment between existing and potential operators and between European electronic communications providers and other undertakings. They shall also have regard to collective use of spectrum as well as shared and unlicensed use of spectrum.
Amendment 512 #
2013/0309(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point i
Article 13 – paragraph 1 – subparagraph 2 – point i
(i) the reservation of radio spectrum for certain types of operators, including operators in the not-for-profit sector, or the exclusion of certain types of operators;
Amendment 513 #
2013/0309(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point k
Article 13 – paragraph 1 – subparagraph 2 – point k
(k) the possibility to use radio spectrum on a shared basis, including on an unlicensed basis;
Amendment 532 #
2013/0309(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. National competent authorities shall not restrict the right of end users to allow reciprocally or more generally access to their radio local area networks by other end users, including on the basis of third-party initiatives which federate and make publicly accessible the radio local area networks of different end users. They shall also apply the legal framework so as to foster the spread of cellular base stations and wireless mesh networks.
Amendment 583 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall be freeve the right to access and distribute information and content, run applications and use services and devices of their choice via their internet access service. In order to guarantee a genuine users' freedom of choice, internet service providers shall not discriminate, restrict or interfere with the transmission of Internet traffic.
Amendment 595 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 639 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 647 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point a
Article 23 – paragraph 5 – subparagraph 1 – point a
(a) implement a legislative provision or a court order, or prevent or impede serious crimescourt order;
Amendment 662 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point c
Article 23 – paragraph 5 – subparagraph 1 – point c
(c) prevent the transmission of unsolicited communications for direct marketing purposes to end-users who have freely given their prior explicit and informed consent to such restrictive measures;
Amendment 669 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) minimistigate the effects of temporary or exceptional network congestion, primarily by means of application-agnostic measures or, when these measures do not prove efficient, by mean of application- specific measures, provided that equivalent types of traffic are treated equally.
Amendment 686 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities shall closely monitor and ensure the effective ability of end- users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national authoritieso that purpose, the competent national regulatory authority shall: (a) be mandated to regularly monitor and report on Internet traffic management practices and usage polices, in order to ensure network neutrality, evaluate the potential impact of the aforementioned practices and policies on fundamental rights, ensure the provision of a sufficient quality of service and the allocation of a satisfactory level of network capacity to the Internet. Reporting should be done in an open and transparent fashion and reports shall be made freely available to the public; (b) put in place appropriate, clear, open and efficient procedures aimed at addressing network neutrality complaints. To this end, all Internet users shall be entitled to make use of such complaint procedures in front of the relevant authority; (c) respond to the complaints within a reasonable time and be able to use necessary measures in order to sanction the breach of the network neutrality principle. This authority must have the necessary resources to undertake the aforementioned duties in a timely and effective manner. They shall, in cooperation with other competent national authorities and the European Data Protection Supervisor, also monitor the effects of specialised services on cultural diversity, competition and innovation. National regulatory authorities shall report on an annual basis to the public, the Commission and BEREC on their monitoring and findings.
Amendment 714 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv a (new)
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv a (new)
(iva) the communication inspection techniques used for traffic management measures, instituted for the purposes listed in article 23.5 and their repercussions on end users privacy and data protection right.
Amendment 178 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point c
Article 2 a (new) – point c
Directive 2013/34/EU
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(c) In Article 18, the following paragraph is inserted: '2a. In the notes to the financial statements large undertakings and all public-interest entities shall disclose, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location; b) turnover; c) number of employees on a full time equivalent basis; d) value of assets and annual cost of maintaining those assets; e) sales and purchases; f) profit or loss before tax; g) tax on profit or loss; h) public subsidies received; i) parent companies shall provide a list of subsidiaries operating in each Member State or third country alongside the relevant data.'
Amendment 26 #
2013/0049(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics, authenticity and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled.
Amendment 27 #
2013/0049(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against unsafe products, such as targeted recalls and product destruction. Product identification and traceability thus ensure that consumers and economic operators obtain accurate information regarding unsafe products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer. Manufacturers should also establish technical documentations regarding their products for which they may choose the most appropriate and cost- efficient way such as by electronic means. Moreover, economic operators should be required to identify the operators who supplied them and to whom they supplied a product. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data18 is applicable to the processing of personal data for the purposes of this Regulation.
Amendment 29 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘safe product’ means any authentic product which, under normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of persons;
Amendment 31 #
2013/0049(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) when it is authentic – i.e. has been manufactured in compliance with the regulatory requirements, bears the relevant identifying marks and has been placed on the EU market by the intellectual property rights holder or with his consent;
Amendment 32 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the characteristics of the product, including its authenticity, composition, packaging, instructions for assembly and, where applicable, for installation and maintenance;
Amendment 9 #
2012/2322(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 11 #
2012/2322(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to examine the possibility of harmonising the online gambling and betting sector by means of European licensing and ensure that some of the single licence proceeds are paid into a European youth guarantee fund;
Amendment 21 #
2012/2322(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that the conclusion of legally binding agreements between the organisers of sports events and online gambling and betting operators would make it easier to guarantee a more balanced relationship between the two, for example by setting out clearly the mechanisms necessary to ensure fair play, specifying what types of bet are or are not admissible and exchanging information between parties;
Amendment 28 #
2012/2322(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to consider the introduction of a ‘white list’ enabling consumers to distinguish between licensed European operators and non-European operators;
Amendment 1 #
2012/2306(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas Article 14 of the TFEU and Protocol 26 thereto explicitly address services of general interest (SGI), which include social services of general interest (SSGI); and whereas it is confirmed that national, regional and local authorities have the essential role and wide discretion in providing, commissioning, funding and organising services of general economic interest (SGEI), and that the Treaties do not affect the competence of Member States to provide, commission, fund and organise non-economic services of general interest (NESGI);
Amendment 2 #
2012/2306(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to better integrate competition policy with respect to the employment and social targets of the EU 2020 Strategy, notably by allowing better support for SMEs, which are the main job creators and by taking into consideration the specificities of social services of general interest; stresses that competition policy should not be an excuse to undermine the services of general economic interest of the Member States;
Amendment 7 #
2012/2306(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on Member States to create a convergent approach with respect to SGEI focusing on measures for the integration/reintegration of the available workforce into the labour market, promoting a match between labour supply and demand, and tailoring measures and programmes to prevent job destructionWelcomes that the State aid package on SGEI from December 2011 extend the exemption from the notification obligation beyond hospitals and social housing to social services meeting social needs and in particular health and long term care, childcare, access to and reintegration into the labour market, social housing and the care and social inclusion of vulnerable groups;
Amendment 8 #
2012/2306(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the European Commission to complete the State aid package on SGEI from December 2011 with a package on SGEI, based on the ordinary legislative procedure according to article 14 of the TFEU and taking into account their implications regarding internal market and employment and social affairs;
Amendment 10 #
2012/2306(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that the social housing sector plays an essential role for social inclusion and in creating jobs ; therefore regrets that in the State aid package on SGEI of December 2011 exemptions to state aid rules in the field of social housing are only permitted for disadvantaged citizens and socially less advantaged groups; calls on the Commission to enable Member States to address difficulties with their social housing sector arising as a result of this definition and of the current economic and social crisis ;
Amendment 21 #
2012/2306(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to continue monitoring the implementation of State aid rules as the spillover effects of the crisis are still present. and underlines the necessity to preserve Services of General Interest in the Member States;
Amendment 3 #
2012/2293(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Treaty on European Union, in particular Article 3(3) thereof, and the Treaty on the Functioning of the European Union, in particular Articles 9, 14, 148, 151, 153 and 160 thereof,
Amendment 6 #
2012/2293(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Protocol 26 of the Treaty on the Functioning of the European Union on services of general interest,
Amendment 11 #
2012/2293(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regard to its resolution of 15 November 2011 on reform of the EU state aid rules on Services of General Economic Interest1, __________________ 1 Texts adopted, P7_TA(2011)0494.
Amendment 25 #
2012/2293(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Member States determinehave an essential role and a wide discretion in providing, commissioning and organiseing the provision of social housing in parallel and in addition to the unplanned, market- based housing supply; and whereas the provision of social housing should fulfil a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights;
Amendment 78 #
2012/2293(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, under Article 14 and Protocol No 26 to the Treaty on the Functioning of the European Union, public authorities are free to determine how the social housing sector is organised and funded and what its target group is, with a view to meeting local needs; sees the intervention of public authorities here as a response to the shortcomings of the market, with the aim of ensuring universal access to decent, affordable housing;
Amendment 91 #
2012/2293(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reminds the Member States and the Commission that spending on social housing enables urgent social need to be met and, as strategic social investment, helps in a sustainable way to provide non- relocatable local jobs, to stabilise the economy by preventing property bubbles, to counter climate change and to combat energy poverty; calls on, therefore, on Member States to strengthen or develop specific mechanisms for the financing of social housing construction and asks the Member States and the Commission to bring social housing investment within the scheme of the European Semester by including in it an evaluation of targets for combating and preventing property bubbles;
Amendment 99 #
2012/2293(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the national, regional and local authorities providing social housing should ensure, under Protocol 26 to the Treaty on the Functioning of the European Union, a high level of quality, safety, affordability, equal treatment and the promotion of universal access and of user rights; (This is a new paragraph 3)
Amendment 143 #
2012/2293(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that one of the most important aspects of investment in social housing, as in the case of other forms of social investment, is the reconciliation of social, economic and environmental objectives and that it should therefore be considered as not only expenditure but also productive investment;
Amendment 171 #
2012/2293(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges Member Statesthe Council to retain an ambitious budget for the 2014-2020 multiannual financial framework, identifying cohesion policy as a driver of recovery; calls on Member States to facilitate and speed up the reallocation of unused monies from the Structural Funds to energy efficiency and renewable energy projects in the social housing sector during the 2007-2013 programme planning period, having regard to the conclusions of the European Compact for Growth and Jobs;
Amendment 183 #
2012/2293(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the Commission’s proposals concerning the ERDF and ESF regulations, under which priority investments in the sphere of the thermal renovation of social housing, access to high-quality affordable housing for marginalised communities, integrated sustainable urban development measures and measures to promote local firms would be eligible for support under the Structural Funds during the period 2014- 2020;
Amendment 198 #
2012/2293(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that these investments in social housing are part of broader-based policies to organise and finance the provision of public social and health services and education services, in an effort to enable people to exercise their fundamental social rights and to meet changing social needs;
Amendment 232 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 1 a (new)
Paragraph 16 – indent 1 a (new)
- prevent segregation of specific population's groups and encourage diversity,
Amendment 244 #
2012/2293(INI)
Motion for a resolution
Paragraph 16 – indent 3
Paragraph 16 – indent 3
– steps to address the difficulties commonly encountered by highly vulnerable sections of the population, such as migrants and young, single-parent families, young and elderly people, in seeking access to decent housing,
Amendment 1 #
2012/2135(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Takes notice of the work of the WIPO Intergovernamental Committee on Intellectual Property and Genetic Ressources and encourages similar measures and consistent definitions at EU level;
Amendment 5 #
2012/2038(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that amounts involved in reproduction and representation rights are relatively unimportant for the graphic and plastic arts, where revenue derives from the sale or resale of works of art;
Amendment 8 #
2012/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that several of the Directive’s provisions ensure a balanced application of the resale right, taking into account the interests of all stakeholders, in particular the gradual decrease in applicable rates, the EUR 12 500 ceiling on the resale right, the exclusion of small sales and the resale exemption for the first buyer;
Amendment 9 #
2012/2038(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the art market was valued at USD 10 billion in 2010 and almost USD 12 billion in 2012; believes, as a result, that artists and their heirs should receive fair compensation and that the resale right accounts for only 0.03% of those sums; believes, as a result, that the existence of the resale right has no negative impact on the art market and that artists and their heirs should receive income from successive resales of their works;
Amendment 12 #
2012/2038(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the art market was valued at USD 10 billion in 2010 and almost USD 12 billion in 2012; believes, as a result, that artists and their heirs should receive fair compensremuneration;
Amendment 14 #
2012/2038(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes, however, that the Directive was only actually implemented in full in all Member States on 1 January 2012, although a resale right has been recognised in many Member States for several decades;
Amendment 15 #
2012/2038(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Commission’s proposal to reassess the Directive inConsiders it premature to reassess the Directive in 2014 as the Commission plans to do, and proposes that the reassessment be carried out in 2015 (four years after the assessment made in December 20141);
Amendment 18 #
2012/2038(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the Commission, in its next assessment report, to reconsider the relevance of capplicable ratesing the right and of the categories of beneficiaries as specified in the Directive;
Amendment 21 #
2012/2038(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the initiatives taken by third countries to introduce the resale right and calls onurges the Commission, within the framework of foreign policy, to continue its efforts to make Article 14ter of the Berne Convention mandatory;
Amendment 125 #
2012/0180(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The dissemination of content which is protected by copyright and related rights and the linked services, including books, audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights, such as authors, performers, producers and publishers. It is normally for the rightholders to choose between the individual or collective management of their rights, except where national or EU law has made collective management compulsory. Management of copyright and related rights includes the granting of licences to users, the auditing of licensees and monitoring of the use of rights, the enforcement of copyright and related rights, the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders. Collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves, including in non-domestic markets. Moreover, they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action, in particular in order to respect and to promote the diversity of its cultures.
Amendment 129 #
2012/0180(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Authors and performers are the original creators of the works protected by authors' rights and related rights and thus the original rightholders. However, they experience difficulties in retaining their rights as they are the weakest negotiating parties in contracts defining the exploitation of their works and performances. They are forced in many circumstances to transfer their rights in exchange of no or little money which does not take into account the future exploitation of their rights. The negotiation of authors and performers' remuneration by a collective management organization overcomes their weak individual negotiating power and ensures that they receive equitable remuneration for the exploitation of their rights. Member States should therefore ensure that authors and performers receive an equitable remuneration for the exploitation of their works and performances. It should not be possible to waive this remuneration as it ensures their livelihood. Authors and performers should not be prevented from entrusting their rights to a collective management organization and in the absence of any written proof their decision should prevail over any presumption of transfer of rights.
Amendment 130 #
2012/0180(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Collective management of copyright and related rights is a tool for the future as it ensures accessibility to works, legal certainty for all parties and equitable remuneration for rightholders. An unwaivable right to remuneration for authors and performers for all forms of exploitation of their works, in particular in the online environment, entrusted to collective management organisations would guarantee them equitable remuneration throughout the EU and would advance the internal market for European creativity and culture.
Amendment 137 #
2012/0180(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non-domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies may arise, leading to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights.
Amendment 154 #
2012/0180(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The specific characteristics of collecting societies which manage rights in the audiovisual and performing arts sector must be taken into account, as the functioning of this sector differs greatly from that of the music sector. In these sectors, collective management is the preferred means of ensuring that authors and performers receive a fair remuneration.
Amendment 155 #
2012/0180(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) The general meeting of collecting societies in the audiovisual sector should be authorised to provide for the management of a combination of rights, with no distinction between categories, in order to allow the society to perform its task of defending the rights of authors and performers and guaranteeing legal certainty for users.
Amendment 156 #
2012/0180(COD)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) The general meeting of collecting societies should be authorised, in accordance with competition law and for objective, transparent and non- discriminatory reasons, to lay down the conditions for the withdrawal of members from collecting societies in order to avoid abuse which could jeopardise their tasks of pooling management costs for the benefit of all authors and performers, defending and promoting cultural diversity and ensuring legal certainty for users.
Amendment 157 #
2012/0180(COD)
Proposal for a directive
Recital 9 d (new)
Recital 9 d (new)
(9d) The freedom of members of collecting societies to cancel the authorisation granted to the societies to manage their rights must not jeopardise the performance by these societies of their tasks of pooling management costs for the benefit of all authors and performers, defending and promoting cultural diversity and ensuring legal certainty for users.
Amendment 166 #
2012/0180(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 172 #
2012/0180(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. Member States should therefore ensure that all users and all natural or legal persons holding a copyright or related right provide to the collecting society, free of charge, the information needed to identify the sound or audiovisual work, the rightholders and the use made of it. Collecting societies must exercise the utmost diligence in collecting, managing and distributing that revenue. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies'’ general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. This should allow the collecting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 185 #
2012/0180(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) To make it easier for the collecting societies of authors, editors, performers and producers to perform their task, users and producers should be required to provide, within a reasonable period and at no cost, information on the use of rights, rightholders, works, categories of works or other subject matter which the collecting societies represent.
Amendment 214 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States may decide that Titles I, II and IV, with the exception of Articles 36 and 40, shall apply to collecting societies established outside the Union which engage in activities in their territory.
Amendment 215 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
The relevant provisions of Titles I, II and IV, with the exception of Articles 36 and 40, shall apply to the activities of entities directly or indirectly controlled, or owned in whole or in part, by collecting societies if the activities in question fall within the scope of those Titles when they are carried out by a collecting society.
Amendment 222 #
2012/0180(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a This directive does not derogate from the European regulations concerning the protection of individuals as regards the processing of personal data.
Amendment 231 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) 'collecting society' means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than onea significant number of rightholders, to collectively manage copyright or rights related to copy, rights related to copyright or rights to remuneration laid down by law, to carry out social, cultural and artistic activities in their favour, and to defend and promote their rights, as its sole or main purpose and which is owned or controlled by its members;
Amendment 236 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) 'rightholder' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting societya right to remuneration laid down by law;
Amendment 237 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) 'member of a collecting society' means a rightholder or an entity directly representing rightholdersas defined in Article 3(1)(b) or a non-profit making entity, including other collecting societies and associations of rightholders, fulfilling the membership requirements of the collecting society and admitted by it;
Amendment 246 #
2012/0180(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societies act in the best collective interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders.
Amendment 248 #
2012/0180(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure that rightholders are free to entrust their rights to a collecting society and that when they decide to do so, this decision prevails over any presumption of transfer of rights to another person or entity.
Amendment 251 #
2012/0180(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
This Directive shall apply without prejudice to existing or future arrangements concerning the management of rights in Member States such as the mandatory collective management of exclusive rights or rights to remuneration laid down by law or extended collective licensing.
Amendment 254 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting society of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder.
Amendment 259 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 (new)
Article 5 – paragraph 2 – subparagraph 1 (new)
Notwithstanding paragraph 1, the general meeting of the members of the collecting societies may ask its members to group together rights, types of works and other subject matter of their choice.
Amendment 264 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories ofthe rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 266 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 (new)
Article 5 – paragraph 3 – subparagraph 1 (new)
The collecting society may decide by a decision of its general meeting that such termination or withdrawal will only take effect each year on the date on which the member joined the collecting society and on the expiry of the notice period, and may, by a decision of its general meeting, determine suitable arrangements to prevent misuse by its members of the right of withdrawal, particularly by placing reasonable limits on the number of comings and goings within the society.
Amendment 267 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The collecting society may lay down that licenses granted to users prior to termination will not be affected by that termination, if such licenses do not exceed a period of three years after the date on which termination takes effect.
Amendment 269 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society.
Amendment 271 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form.
Amendment 285 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that the general meeting of the members of the collecting societies is organised according to the rules laid down in paragraphs 2 to 87.
Amendment 289 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 328 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other natural or legal personmember as a proxy holder to attend and vote at the general meeting in his name, provided that there is no conflict of interest. The proxy holder may not be a natural or legal person who falls within another category of rightholder. Each proxy holder may only represent one member.
Amendment 393 #
2012/0180(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Collecting societies shall be encouraged to cooperate with each other in the area of rights management to facilitate, improve and simplify the procedures for licensing users under equal and transparent conditions and to offer multi-territorial licenses, in particular, in areas other than those referred to in Title III.
Amendment 408 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall reflect the economic value of the rights in trade and ofensure that rightholders receive a fair and proportionate share of the revenues arising from the use of the works and reflect the service provided by the collecting society.
Amendment 415 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
In the absence of any national law which establishes the amounts due to rightholders in respect of a right to remuneration and a right to compensation, the collecting society shall base its own determination of those amounts due, on the economic value of those rights in tradesame criteria.
Amendment 417 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Users and producers shall provide collecting societies, free of charge, with statements of use, containing the information needed to identify sound works and their rightholders.
Amendment 424 #
2012/0180(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Obligations of users 1. Member States shall ensure that users and producers comply with the payment time limits and schedules provided for in the licences and agreements concluded with the collecting societies in order for them to be able to comply with their own time limits for distribution to rightholders. 2. Member States shall ensure that users and producers provide the collecting societies with which they have concluded a licence or an agreement with regular, precise and prompt information, free of charge, on the use of rights, rightholders and works covered by the licence or agreement, in order for the societies to meet their own obligations to rightholders. 3. Member States shall ensure that users comply with international and sectoral standards on data transfer, and in their exchange of information with collecting societies use international identifiers of works and rightholders where they exist.
Amendment 427 #
2012/0180(COD)
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15 b Remuneration of authors and performers 1. Member States shall ensure that authors and performers receive appropriate remuneration for the exploitation of their copyright and related rights. That remuneration shall come from any exploitation of their works and performances and shall represent a share of the revenue generated by such exploitation. 2. The management of this remuneration shall be entrusted to the collecting societies which receive it from any entity which exploits the rights, in accordance with the relevant provisions of this Directive. 3. Collecting societies shall distribute this remuneration to authors and performers regularly, precisely and promptly, in accordance with the provisions of this Directive.
Amendment 488 #
2012/0180(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 94 #
2012/0061(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Trade unions play an important role in the context of the posting of workers for the provision of services since social partners may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of payhis Directive and Directive 96/71/EC should not interfere with different national industrial relations and collective bargaining systems.
Amendment 117 #
2012/0061(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should take appropriate measures in order to prevent the misuse and/or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights. In particular, posted workers sent to replace workers on strike, successive assignments to the same post and bogus self employment should be prevented.
Amendment 164 #
2012/0061(COD)
Proposal for a directive
Recital 23
Recital 23
(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts. Trade unions should have a right of collective action and the possibility of representative action.
Amendment 172 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector,With a view to reducing abuses in subcontracting situations and in order to protect posted workers‘' rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back- payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authoritiesall contractors up the chain can be held liable to pay to posted workers all entitlements due to him/her.
Amendment 215 #
2012/0061(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Fundamental social rights should not be called into question on grounds of economic freedoms. Therefore this Directive should strengthen the enforcement of Directive 96/71/EC in particular in light of legal uncertainties resulting from the judgments of the European Court of Justice notably Viking (C-438/05), Laval (C-341/05), Rüffert (C- 346/06) and Luxembourg (C-319/06).
Amendment 239 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘'competent authority’' means an authority body designated by a Member State to perform functions under this Directive, including social partners;
Amendment 403 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 448 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers. Terms and conditions of employment should be available in an accessible and transparent way.
Amendment 461 #
2012/0061(COD)
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 555 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 616 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. During the period of posting of a worker, inspection of the working conditions shall lie within the responsibility of the authorities or competent body of the Member State to which the posting takes place. They can carry out factual checks and controls on their own initiative and are not bound to any results of checks or controls carried out by the Member State of establishment.
Amendment 770 #
2012/0061(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Subcontracting and liability 1. Each Member State shall take the necessary measures to ensure that an undertaking which appoints a subcontractor to provide services is liable, in addition to and/or in place of that subcontractor, for obligations of that subcontractor and any other intermediate. 2. This shall not in any way preclude the application of already existing more stringent rules at national level nor the introduction of those. 3. Member States may limit vertical subcontracting to three levels provided that the limitation is not discriminatory.
Amendment 7 #
2012/0060(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of 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.; pursuant to the same article the Union should promote democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and the respect for the principles of the United Nations Charter and international law; the cooperation in the field of international relations should serve to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;
Amendment 10 #
2012/0060(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The EU should not put pressure on third countries in order to push them to privatize public services. Public authorities at all levels should have the right to decide whether, how and to what extend they want to provide public services themselves.
Amendment 11 #
2012/0060(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Public contracts should not be awarded to economic operators that have participated in a criminal organisation, in exploitation of human trafficking and child labour, and that do not respect obligations established by Union legislation in the field of social, labour and environmental law or by international social, labour and environmental law provisions, in accordance with Directive [2004/18/EC].
Amendment 22 #
2012/0060(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation is without prejudice to the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest, as set in Protocol 26. This shall also apply to European Union's policies towards third countries.
Amendment 27 #
2012/0060(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – point b a (new)
Article 6 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) where there is evidence of serious and repeated violations in the field of fundamental workers' rights and international law, including fundamental International Conventions, including ILO 94, in the field of labour, social and environmental law for certain goods and/or services.
Amendment 86 #
2012/0011(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) To further strengthen the control over their own data and their right of access, data subjects should have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain a copy ofto obtain the data concerning them also in commonly used electronic format. The data subject should also be allowed to transmit those data, which they have provided, from one automated application, such as a social network, into another one. This should apply where the data subject provided the data to the automated processing system, based on their consent or in the performance of a contract.
Amendment 93 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach has occurred, the controller should notify the breach to the supervisory authority without undue delay and, where feasible, within 724 hours. Where this cannot achieved within 724 hours, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 94 #
2012/0011(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) The Commission may equally recognise that a third country, or a territory or a processing sector within a third country, or an international organisation offers no adequate level of data protection. Consequently the transfer of personal data to that third country should be prohibited. The prohibition shall also apply to those countries for which the European Commission has already judged the lack of adequacy. In that case, provision should be made for consultations between the Commission and such third countries or international organisations.
Amendment 98 #
2012/0011(COD)
Proposal for a regulation
Recital 129
Recital 129
(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of data; specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject; criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relation to the responsibility of the controller and to data protection by design and by default; a processor; criteria and requirements for the documentation and the security of processing; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operations requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and requirements for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogations; administrative sanctions; processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 99 #
2012/0011(COD)
Proposal for a regulation
Recital 130
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. 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 powers46 . In this context, the Commission should consider specific measures for micro, small and medium-sized enterprises.
Amendment 104 #
2012/0011(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a This Regulation applies to the processing of personal data of data subjects not residing in the Union by a controller or processor established in the Union, through their economic activities in a third country(ies).
Amendment 136 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks. It shall also not apply to processing that can be based on one or several of the other grounds in this paragraph.
Amendment 141 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
The EDPB should set up a list of common criteria to be met for further processing to be considered compatible with the one for which personal data have been originally collected.
Amendment 146 #
2012/0011(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a The data will not be used against the data subject in a disciplinary hearing, or to blacklist, vet or bar him or her from employment.
Amendment 157 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology. The methods to obtain verifiable consent shall not lead to the further processing of personal data which would otherwise not be necessary.
Amendment 160 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership and activities, and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited. In particular, this would include safeguards to prevent the blacklisting of workers, for example in relation to their trade union activities or health and safety representative roles.
Amendment 181 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate. This would include data sourced from a third party illegally and passed on to the controller.
Amendment 184 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 193 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject. The controller shall verify the identity of a data subject requesting access to data within the limits of Articles 5 to 10 of this Regulation.
Amendment 286 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 724 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 724 hours.
Amendment 366 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1 a (new)
Article 51 – paragraph 1 – subparagraph 1 a (new)
Each authority shall be competent within its territory for the processing activities taking place in the context of the activities of an establishment of the controller or processor, or affecting its residents;
Amendment 367 #
2012/0011(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should not apply to processing of personal data by a natural person, which are exclusively personal or domestic, such as correspondence and the holding of addresses, and without any gainful interest and thus without any connection with a professional or commercial activity. This exemption should not apply to such personal or domestic activities, where the natural person makes personal data of other natural persons accessible to an indefinite number of individuals. The exemption should also not apply to controllers or processors which provide the means for processing personal data for such personal or domestic activities.
Amendment 386 #
2012/0011(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of protection should apply to any information concerning an identified or identifiable person, including after their death. To determine whether a person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable.
Amendment 400 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or immaterial damage as a result of an unlawful processing operation, including blacklisting, or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered and for any injury to feeling.
Amendment 403 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. Any person or enterprise that is known to have infringed the provisions of this Regulation, for example by illegally accessing employees' personal data to blacklist them or bar them from employment, should be excluded from receiving Union grants and funding and from taking part in calls for tender for other public procurement contracts at Union, national or public authority level until all legal proceedings are proven to be completed and all compensation has been paid in full to any victims.
Amendment 423 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6 – point a a (new)
Article 79 – paragraph 6 – point a a (new)
(aa) uses employees' or potential employees' personal data to blacklist them, vet them or bar them from access to future employment;
Amendment 459 #
2012/0011(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The prevention or limitation of damages on the side of the data controller, such as civil damages and remedies, should constitute a legitimate interest. Direct marketing should not constitute a legitimate interest.
Amendment 490 #
2012/0011(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘right to be forgottenerasure’ where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for reasons of public interest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them.
Amendment 501 #
2012/0011(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) To strengthen the ‘right to be forgottenerasure’ in the online environment, the right to erasure should also be extended in such a way that a controller who has made the personal data public should be obliged to inform third parties which are processing such data that a data subject requests them to erase any links to, or copies or replications of that personal data. To ensure this information, the controller should take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible. In relation to a third party publication of personal data, the controller should be considered responsible for the publication, where the controller has authorised the publication by the third party.
Amendment 507 #
2012/0011(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In cases where personal data might lawfully be processed to protect the vital interests of the data subject, or on grounds of public interest, or official authority or the legitimate interests of a controller, any data subject should nevertheless be entitled to object to the processing of any data relating to them. The burden of proof should be on the controller to demonstrate that their legitimate interests may override the interests or the fundamental rights and freedoms of the data subject.
Amendment 509 #
2012/0011(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Where personal data are processed for the purposes of direct marketingbased on the legitimate interests of the data controller, the data subject should have the right to object to such processing in advance, free of charge and in a manner that can be easily and effectively invoked..
Amendment 676 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) by a natural person without any gainful interest in the course of its own exclusively personal or household activity, unless personal data of other natural persons is made accessible to an indefinite number of individuals;
Amendment 1004 #
2012/0011(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Consent should only be obtainable for processing which is lawful and, therefore, not disproportionate to its purpose. Consent shall not constitute a valid legal basis when it is intended to enable the controller to scan the list of contacts of the person concerned for the purpose of collecting the personal data of third persons.
Amendment 1245 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 1382 #
Amendment 1404 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The heirs of a deceased person are entitled to have the data processor putting an end to the publication of their data.
Amendment 1501 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic, interoperable and structured format which is commonly used and allows for further use by the data subject.
Amendment 1515 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. In exercising his or her right to portability, the data subject must inform the controller from whom the data are withdrawn that he or she also wants the data to be erased, in accordance with the provisions of Article 17.
Amendment 1562 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course of thenecessary for entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such as the right to obtain human intervention; or
Amendment 1593 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. In the employment sphere, the processing or use of data for the purposes of the permanent surveillance or profiling of employees, the drawing-up and dissemination of black lists of employees, the monitoring of performance or conduct or the preparation of a dismissal on grounds of illness shall be prohibited; job applicants’ data shall enjoy the same protection.
Amendment 1758 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) an enterprise employing fewer than 250 persons that is processing personal data only as an activity ancillary to its main activities and if processing is not carried out on special categories of personal data as referred to in Article 9(1); or
Amendment 2167 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the processing is carried out by an enterprise employing 250 persons or more; or , or an enterprise processes personal data as its main activity or processing is carried out on special categories of personal data as referred to in Article 9 (1);
Amendment 2841 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2 a (new)
Article 78 – paragraph 2 a (new)
2a. Member States shall lay down rules on penalties that are effective and dissuasive in preventing any abuse of the fundamental right to the protection of personal data as enshrined in the Charter of Fundamental Rights, including legal provisions outlawing as a criminal offence the use of personal data to blacklist workers, vet them or bar them from future employment.
Amendment 2843 #
2012/0011(COD)
Proposal for a regulation
Article 78 – paragraph 2 b (new)
Article 78 – paragraph 2 b (new)
2b. Member States shall ensure that persons or companies found to be taking part in blacklisting will be excluded from receiving EU grants and funding and from taking part in calls for tender for other public procurement contracts at EU, national or public authority level until all legal proceedings are proven to be completed, all compensation has been paid in full to any victims and there is reliable proof that this criminal culture has been removed from the organisation.
Amendment 133 #
2012/0010(COD)
Proposal for a directive
Article 3 – point 1
Article 3 – point 1
(1) ‘'data subject’' means an identified natural person or a natural person who can be identified or singled out, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number or other unique identifier, location data, online identifiers or to one or more factors specific to the gender, physical, physiological, genetic, mental, economic, cultural or social identity or sexual orientation of that person;
Amendment 137 #
2012/0010(COD)
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) processed fairly and lawfully and in a transparent manner in relation to the data subject;
Amendment 141 #
2012/0010(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) adequate, relevant, and not exlimited to the minimum necessiveary in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;
Amendment 143 #
2012/0010(COD)
Proposal for a directive
Article 4 – point d
Article 4 – point d
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 151 #
2012/0010(COD)
Proposal for a directive
Article 7
Article 7
Member States shall provide that the processing of personal data is lawful only if and to the extent that processing is necessary: (a) for the performance of a task carried out by a competent authority, based on law for the purposes set out in Article 1(1); or (b) for compliance with a legal obligation to which the controller is subject; or (c) in order to protect the vital interests of the data subject or of another person; or (d) for the prevention of an immediate and serious threat to public security and not further processed in a way that is incompatible with these purposes.
Amendment 153 #
2012/0010(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 155 #
2012/0010(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall not be based solely oninclude or generate special categories of personal data referred to in Article 8.
Amendment 157 #
2012/0010(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation, or that (whether intentionally or otherwise) result in measures which have such effect, shall be prohibited in all cases.
Amendment 159 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f a (new)
Article 11 – paragraph 1 – point f a (new)
Amendment 160 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f b (new)
Article 11 – paragraph 1 – point f b (new)
(fb) information regarding specific security measures taken to protect personal data;
Amendment 163 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the data originate.
Amendment 165 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. Member States may adopt legislative measures delaying, or restricting or omitting the provision of the information to the data subject to the extent that, and as long as, such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, based on a concrete and individual examination of each specific case:
Amendment 170 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States may adopt legislative measures restricting, wholly or partly, the data subject's right of access to the extent and for the period that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, based on a concrete and individual examination of each specific case:
Amendment 172 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The legislative measures referred to in paragraph 1 must be in compliance with the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms, and in line with the case law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 176 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Personal data referred to in paragraph 3 may, with the exception of storage, only be processed when necessary for purposes of proof, or the protection of vital interests of the data subject or another person.
Amendment 180 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall provide thatWhere processing of personal data is restricted pursuant to paragraph 3, the controller shall informs the data subject in writing of any refusal of erasure or marking of the processbefore lifting, the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedystriction.
Amendment 181 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Member States shall provide that the controller informs the data subject in writing of any refusal of erasure or restriction of the processing, the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy.
Amendment 182 #
2012/0010(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. This shall be ensured using technical and/or organisational measures, as appropriate. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 192 #
2012/0010(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 34, Member States shall provide that a transfer of personal data to a recipientcompetent public authority in a third country or an international organisation may take place where: (a) appropriate safeguards with respect to the protection of personal data have been adduced in a legally binding instrument; or (b) the controller or processor has assessed all the circumstances surrounding the transfer of personal data and concludes that appropriate safeguards exist with respect to the protection of personal data.
Amendment 4 #
2011/2313(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need to ensure flexibility in the distribution of audiovisual works by digital platforms, so as to provide legal forms of supply in response to market demand and to foster cross-border access to content originating from other Member States while ensuring respect for copyright;
Amendment 12 #
2011/2313(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the need to ensure legal certainty with regard to the law applicable to collective licensing for the online multi- territorial use of audiovisual content; believes that this could be achieved by providing for a system where the law in which the media service provider is established should be applied, while preserving the interests of all right holders, granting them fair remuneration for the service and taking account of all aspects for the service concerned and leaving intact the right for the audiovisual and cinema producers to conclude agreements with the media service providers on an individual basis;
Amendment 16 #
2011/2313(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative initiative for the collective management of copyright, aimed at ensuring better accountability, transparency and governance on the part of collective rights management societies, as well as efficient dispute resolution mechanisms, and at clarifying and simplifying licensing systems in the music sector; stresses, in this regard, the need to operate a clear distinction between licensing practices for different types of content, notably between audiovisual/cinematographic and musical works; recalls that the licensing of audiovisual works is mainly conducted on the basis of both contractual agreements, and that collective management is rare;
Amendment 18 #
2011/2313(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises that collective rights management is an essential tool for broadcasters, given the high number of rights they need to clear daily; stresses that, where for some types of content and use (e.g. mass-use of music by broadcasters) collective licensing already takes place, an efficient framework guaranteeing one-stop shop should be ensured to help stimulate the EU-wide availability of audiovisual services of which music is an integrated part; recalls that such a framework has been repeatedly demanded by the European Parliament and has already proven useful for transfrontier traditional audiovisual services (e.g. for cable and satellite services);
Amendment 20 #
2011/2313(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that, where relevant, collective rights management solutions (such as extended collective licensing where appropriate) should be found for making broadcasters' archives available to the public on the Internet throughout Europe; considers that this would ultimately benefit all citizens interested in viewing or listening to a vast part of Europe's cultural heritage;
Amendment 21 #
2011/2313(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to evaluate the application of the current acquis in the field of copyright and take into account the implications of the recent decision of the Court of Justice of the EU in the Premier League case on EU-wide access to audiovisual services;
Amendment 24 #
2011/2313(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to find a solution allowing authors and performers to secure fair economic returns from the online exploitation of their workmaking available on demand of their works; in this regard calls for the introduction to the EU acquis of an unwaivable remuneration right for performers paid by the users to perfomers' collecting societies and thereby permitting them to effectively benefit from the growing digital market place with regard to on demand services;
Amendment 25 #
2011/2313(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Supports, as far as authors are concerned, European legislation which would provide audiovisual authors with an unwaivable right to remuneration for online uses of their works when they have transferred their making available right to a producer; considers that such a remuneration right should be entrusted to collective management societies representing audiovisual authors, unless unions' contracts or extended collective licences already guarantee such remuneration; also considers that the remuneration should be collected from audiovisual media services making audiovisual works available to the public;
Amendment 31 #
2011/2313(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses the importance of promoting digital skills and media literacy for all EU citizens as it plays an essential role for societal participation and democratic citizenship; recalls the important role of public service media plays in this regard as part of their public service missions;
Amendment 34 #
2011/2313(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Considers that, in a context of technological convergence, rights licensing arrangements should apply a technologically-neutral approach; recalls that today, the same TV set can offer both on demand Internet-based services such as catch-up services and traditional broadcast of the same programme; considers therefore that the licensing scheme for the simultaneous, unchanged and unabridged retransmission of audiovisual broadcasting content originating in a Member State over any platform should follow the same regime as is applied to cable retransmission, irrespective of the platform and the transmission method used;
Amendment 7 #
2011/2157(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to its Written Declaration No 15/2011 of 27 September 2011 on the establishment of Euro-Mediterranean Erasmus and Leonardo da Vinci programmes,
Amendment 51 #
2011/2157(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. having regard to the European Parliament’s support for the establishment of Euro-Mediterranean Erasmus and Leonardo da Vinci programmes through Written Declaration 15/2011 of 27 September 2011,
Amendment 234 #
2011/2157(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the importance of paying particular attention to the younger generation; stresses that the EU should increase cooperation in the field of education and vocational training, immediately broadening and increasing scholarship programmes and mobility of students by promoting university and high-school exchanges andin order to further the mobility of students, teachers and lecturers, researchers and apprentices by promoting exchanges between higher education and training institutions, along with public-private partnerships in the fields of research and vocational training; considers it essential to develop more flexible, accelerated procedures for issuing visas to participants in such programmes; stresses the strong need for a structured information policy towards the citizens of the ENP partners concerning the possibility of participation in EU programmes;
Amendment 243 #
2011/2157(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to take over Parliament’s proposal, produced in the wake of the Arab Spring, to establish a Euro-Mediterranean Erasmus programme, an initiative which – assuming that it were successful – would be suitable to extend to the neighbourhood as a whole; at this stage deplores the inadequacy of the Commission proposals, which, notwithstanding the Commission’s statements on 27 September 2011, in reality provide only for a very modest increase in the number of Erasmus Mundus scholarships;
Amendment 245 #
2011/2157(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission to take over Parliament’s proposal, produced in the wake of the Arab Spring, to establish a Euro-Mediterranean Leonardo da Vinci programme aimed at encouraging the mobility of young people wishing to acquire vocational training abroad, the object being to help combat the youth unemployment endemic to the southern Mediterranean;
Amendment 7 #
2011/2084(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the high level of legal uncertainty in the EU online gambling sector, as evidenced by seven preliminary rulat, while the Court of Justice has clarified a number of important legal questions concerning online gambling in the EU, legal uncertainty remaings of the European Court of Justice on gambling since June 2010; with regard to a number of other questions, which can only be solved at the political level;
Amendment 29 #
2011/2084(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Welcomes the CEN Workshop Agreement3 as an importaReaffirms its position that, in the area of gambling, industry self-regulation can only complement ‘building block’ for an EU legal frameworkt not replace statutory legislation;
Amendment 30 #
2011/2084(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned at the increasing number of cases of fraud and corruption in the field of sports betting and urges the Member States to protect competition organisers from any unauthorised commercial exploitation and to make any attempt to undermine the integrity of competitions into a criminal offence, as is already the case in some countries;
Amendment 36 #
2011/2084(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission and the Member States to introduce effective measures to raise awareness of the risks of gambling addiction, targeting young people in particular;
Amendment 237 #
2011/2052(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Member States for increased resources to enable public employment services to operate effectively;
Amendment 238 #
2011/2052(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Commission to relax the rules and procedures for controlling the granting of compensation for the discharge of public service obligations, which place a heavy burden on local authorities which set up local public services to help the most deprived members of society;
Amendment 10 #
2011/2025(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points to the need to provide for specific forms of protection for vulnerable persons, especially children, for instance by requiring a high level of data protection to be used as the default setting and by taking appropriate specific measures to protect their personal data;
Amendment 20 #
2011/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned about the abuses stemming from online behavioural targeting and points out that under the directive on privacy and electronic communications, the prior explicit consent of the person concerned is required for the display of cookies and for further monitoring of his or her web- browsing behaviour for the purpose of delivering personalised advertisements;
Amendment 41 #
2011/2025(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that advertising space agencies are responsible for data processing to the extent that they determine the purposes of, and the principal means to be employed for, such processing.
Amendment 42 #
2011/2025(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers that publishers must also, to some extent, assume the responsibilities of controllers, if, when configuring their websites, they cause users’ IP addresses to be transferred to advertising network providers.
Amendment 43 #
2011/2025(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Insists that advertising space agencies clearly inform Internet surfers in advance about any data collection relating to their behaviour and about the information gathered, profiling, and the delivery of targeted advertisements.
Amendment 44 #
2011/2025(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls on the online advertising industry swiftly to develop user-friendly tools for Internet surfers so as to give effect to the principles underlying the protection of privacy.
Amendment 26 #
2011/0901B(COD)
Draft regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to ensure that the increase in the number of Judges of the General Court is carried out in such a way as to maintain an appropriate balance among the Member States and a sufficient degree of stability in the composition of the court, which is vital for its effectiveness, any decision should draw on the solution set out in the second paragraph of the Declaration (No 38) on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General in the Court of Justice annexed to the final act of the intergovernmental conference which adopted the Treaty of Lisbon, signed on 13 December 2007. Six of the additional Judges should therefore be appointed from among the nationals of the six most populous Member States (one Judge per Member State). The six other additional Judges should be appointed from among the nationals of the other Member States, according to a rotation based on the principle of equality.
Amendment 473 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 90 % of the activities of that legal person are carried out foron behalf of the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 519 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 90 % of the activities of that legal person are carried out foron behalf of the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 532 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
Amendment 536 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 50 #
2011/0437(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 53 (1), Article 62 and Article 114 as well as Protocol No 26 thereof,
Amendment 51 #
2011/0437(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The absence of clear rules at Union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Small and Medium Enterprises (SMEs), are being deprived of their rights within the Internal Market and miss out on important business opportunities, while public authorities may not find the best use of public money so that EU citizens benefit from quality services at best prices. An adequate legal framework for the award of concessions would ensure effective and non-discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic servicervices of general economic interest to the citizen.
Amendment 52 #
2011/0437(COD)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive should not in any way affectmust guarantee the freedom of Member States or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties. Member States or public authorities should remain free to define the characteristics of the service to be provided, including any conditions regarding the quality or price of the services, in order to pursue their public policy objectives
Amendment 56 #
2011/0437(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Certain coordinationSpecific provisions shouldmust also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors givenconcessions for services of general economic interest, where objectives and particular tasks are laid down by thate national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the Member State, who have full freedom of choice in their management and who may grant special or exclusive rights concerning the supply to, provision or operation of networks for providing the services concerned.
Amendment 57 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions armay be contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. The concessions may also concern delegation of management of services, particularly services of general economic interest, for a specific activity in a defined area. Therefore, these are not public 'purchases' or acquisitions' or 'public contracts'. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
Amendment 58 #
2011/0437(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the Court of Justice of the European Union on this subject. Therefore, the definition of concession should be clarified, in particular by referring to the concept of substantial operating risk. TIn a general way, the main feature of a concession, the right to exploit the works or services, always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded. Moreover, in respect of concessions of services of general interest, the delegation of management entailed implies rigorous implementation by the concessionaires of the particular tasks conferred on them, particularly the values clearly laid down in Protocol 26 attached to the TEU and the TFEU: a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights. The application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss, by guaranteeing a minimal revenue, equal or higher to the costs that the contractor has to incur in relation with the performance of the contract. At the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupement of the investments and costs incurred by the operator for execution the work or providing the service depends on the actual demand for or the availability of the service or asset.
Amendment 60 #
2011/0437(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The notion of special or exclusive rights is central to the definition of the scope of this Directive, since entities which are neither contracting entities pursuant to Article 4 (1) (1) nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights. It is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria, notably pursuant to Union legislation, and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this Directive. This legislation should include Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas, Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity, Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, Directive 94/22/EC of the European Parliament and of the Council of 20 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons and Regulation (EC) No 1370/2007of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70. The increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself. The Union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contthe delegation of management for a fixed period of time, for a specific activity and in a defined area, for a consideracting entities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall under this Directiveon consisting of the exploitation of those works and services at the concessionaire's risk.
Amendment 62 #
2011/0437(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure a real opening up of the market and a fair balance in the application of concession award rules in the water, energy, transport and postal services sectors it is necessary for the entities covered to be clearly identified on a basis other than their legal status. It should be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudicedin the light of the particular tasks laid down by the public authorities. It is also necessary to ensure, in keeping with Article 345 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.
Amendment 63 #
2011/0437(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 64 #
2011/0437(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 65 #
2011/0437(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 67 #
2011/0437(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States shouldall be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this Directive do not prevent Member States to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee. Member States and/or public authorities remain free to provide these services themselves or to organise social services, such as all services of general economic interest, in a way that does not entail the conclusion of concessions, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity, without any limits or quotas, provided such system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.
Amendment 68 #
2011/0437(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to make it possible for all interested operators to submit their applications and tenders, contracting authorities and contracting entities, the grantor should be obliged to respect a minimum time limit for the receipt of such applications.
Amendment 69 #
2011/0437(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The choice and application of proportional, non-discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions. In particular, the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises. Therefore, it is appropriate to provide that the selection criteria should relate exclusively to the technical, financial and economic capacity of operators, but also, as regards services of general economic interest, their compliance with environmental, social and cohesion- related provisions, as well as with the objectives of a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights, should be announced in the concession notice and cannot preclude an economic operator from relying on the capacities of other entities, regardless of the legal nature of its links with those entities, if the latter proves to the contracting authority or entity that it will have at its disposal the necessary resources.
Amendment 70 #
2011/0437(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In technical specifications and in award criteria, contracting authorities and contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the concession. In order to better integrate social considerations in the award of concessions, procurergranting authorities may also be allowed to include, in the award criteria, characteristics related to the working conditions. However, where the contracting authorities or contracting entities use the most economically advantageous tender, such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process, and safeguarding their employment and working conditions and compliance with collective agreements for them, or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. In this case, any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements, based on compliance with ILO standards, to which the Union is party. Contracting authorities and contracting entities should, also where they use the criterion of the most economically advantageous tender, be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the concession in question, as this may affect the quality of concession performance and, as a result, the economic value of the tender.
Amendment 71 #
2011/0437(COD)
Proposal for a directive
Recital 34
Recital 34
(34) It is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure, taking into account the relevant case-law of the Court of Justice of the European Union. Any concession in force may be modified by means of an additional agreement. A new award procedure is required, however, in case of material changes to the initial concession, demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession. This is notably the case if the amended conditions would have had an influence on the outcome of the procedure, had they been part of the initial procedure. An exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession.
Amendment 72 #
2011/0437(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 73 #
2011/0437(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In line with the principles of equal treatment and transparency, the successful tenderer should not be replaced by another economic operator without reopening the concession to competition. However, the successful tenderer performing the concession may undergo certain structural changes during the performance of the concession, such as purely internal reorganisations, mergers and acquisitions or insolvency or be substituted on the basis of a contractual clause known to all tenderers and in line with the principles of equal treatment and transparency. Such structural changes should not automatically require new award procedures for all concessions performed by that undertaking.
Amendment 74 #
2011/0437(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Contracting authorities or contracting entitiesThe grantor should have the possibility to provide for modifications to a concession in the concession contract itself, by way of review clauses which should not give them unlimited discretion. This Directive should therefore set out to what extent modifications may be provided for in the initial concession.
Amendment 75 #
2011/0437(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to adapt to rapid technical and economic developments, the power to adopt implementing acts in accordance with Article 2901 of the Treaty should be delegated to the Commisson the Function in respect of a number of non-essential elements of this Directive. In fact, the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory technical standards for electronic communication to ensure the interoperability of technical formats, processes and messaging in concession award procedures conducted using electronic means of communication taking into account technological developments and administrative needs. Furthermore, the list of legislative acts of the Union establishing common methodologies for the calculation of life- cycle cosg of the European Union should be conferred on the Commission in order to update CPV reference numbers, including those given in Annexes I to X, where changes to the CPV nomenclature make that necessary. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up implementing acts, should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy these needs, the Commission should be empowered to keep the list of legislative acts including LCC methodologies up-to dateensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 76 #
2011/0437(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 77 #
2011/0437(COD)
Proposal for a directive
Recital 42
Recital 42
Amendment 78 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes rules on the procedures for procurement by contracting authorities and by contracting entities with respect tothe award of works or services concessions whose value is estimated to be not less than the thresholds laid down in Article 5.
Amendment 79 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to the acquisition of works or services, including supplies which are incidental to the subject matter of a concession, from economic operators chosen by either of the following:or to the delegation to them of the management of a service of general economic interest for a fixed period of time, for a specific activity and in a defined area.
Amendment 80 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 81 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 82 #
2011/0437(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Principle of free administration by public authorities This Directive recognises the principle of free administration by contracting authorities and contracting entities in accordance with national legislation in force and Protocol No 26 annexed to the Treaty on the Functioning of the European Union. They shall be free to decide on the management method they deem to be the most appropriate in order to execute the works and provide the services for which they are responsible, in accordance with the legal and procedural arrangements they deem to be the most effective.
Amendment 84 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'concessions' means public works concessions, worksservices concessions or concessions for services concessionsof general economic interest.
Amendment 86 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) a 'public (a) a 'works concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of works, where the consideration for the works to be carried out consistsy means of which one or more contracting authorities or contracting entities confer execution of works for which they are responsible on one or more economic operators, consideration for that conferral being either solely the right to exploit the works that are the subject of the contract or that right together with payment; (b) a 'services concession' means a contract for pecuniary interest concluded in writing by means of which one or more contracting authorities or contracting entities confer management of a service for which they are responsible on one or more economic operators, consideration for that conferral being either solely in the right to exploit the worksservice that areis the subject of the contract or in that right together with payment.;
Amendment 87 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 89 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 90 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) ‘concession for a service of general economic interest’ means a contract on the initiative of a contracting authority which involves delegation of management to a third economic operator whose object is to provide a service of general economic interest for a fixed period of time, for a specific activity and in a defined area, consideration for which being the right to exploit the service that is the subject of the contract and generate revenue from users.
Amendment 91 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 92 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Amendment 93 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 94 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Amendment 95 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 96 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Amendment 98 #
2011/0437(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. For the purposes of this Directive , "Contracting entities" are entities which award a concession for the purpose of pursuing one of the activities as referred to in Annex III and which are one of the following:
Amendment 99 #
2011/0437(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Amendment 100 #
2011/0437(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Amendment 101 #
2011/0437(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Amendment 102 #
2011/0437(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 103 #
2011/0437(COD)
Proposal for a directive
Article 5
Article 5
Amendment 104 #
2011/0437(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 105 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The calculation of the estimated value of a concession shall be based on the total amount payable, net of VAT, as estimated by the contracting authority or the contracting entity, including any form of option and any extension of the duration of the concessionits aggregate turnover net of tax, over the duration of the contract, as estimated by the grantor. This estimate shall be valid at the moment at which the concession notice is sent, or, in cases where such notice is not foreseen, at the moment at which the grantor commences the concession award procedure. Where the value is modified following negotiations during the award procedure, the valid estimate shall be that indicated when the contract is signed.
Amendment 107 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. This Directive shall apply to concessions the value of which is equal to or greater than EUR 10 000 000.
Amendment 108 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The estimated value of a concession shall be calculated as the value of an entirety of works and/or services, even if purchased through different contracts, where the contracts are part of one single project. Indications for the existence of one single project consist in overall prior planning and conception by the contracting authority or contracting entity, which are part of one single concession project, including studies. The single nature of a project may in particular be demonstrated by the existence of overall prior planning and conception by the grantor, by the fact that the different elements purchasedof the project fulfil a single economic and technical function or by the fact that they are otherwise logically interlinked.
Amendment 109 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The choice of the method used to calculate the estimatedestimation of the value of a concession shall not be made with the intention of excluding it from the scope of this Directive. A works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this Directive, unless justified by objective reasons.
Amendment 110 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The estimated value of the concession shall be calculated in accordance with an objective method specified in the concession notice.
Amendment 111 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 112 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 113 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 114 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 115 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 116 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 117 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 9 – subparagraph 1
Article 6 – paragraph 9 – subparagraph 1
Amendment 118 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Amendment 119 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 120 #
2011/0437(COD)
Proposal for a directive
Article 7
Article 7
Amendment 121 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof,concerning the management of network infrastructure related to the activities set out in Annex III or to services concessions for an activity set out in Annex III which, when this Directive enters into force, are the subject of a nationally regulated tariff laid down in law or regulation where such concessions are awarded to an economic operator on the basis of an exclusive right that economic operatothe latter enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex III.
Amendment 122 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 123 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. This Directive shall not apply to services concessions awarded in the area of air transport services based on the granting of an operating licence within the meaning of Regulation (EC) No 1008/2008 of the European Parliament and of the Council, or relating to public passenger transport service within the meaning of Regulation (EC) No 1370/2007 of the European Parliament and of the Council.
Amendment 124 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – introductory part
Article 8 – paragraph 3 – subparagraph 1 – introductory part
This Directive shall not apply to concessions which the contracting authority or a contracting entitygrantor is obliged to award or organise in accordance with procurementconcession award procedures set out in:
Amendment 125 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point a
Article 8 – paragraph 3 – subparagraph 1 – point a
(a) an international agreement concluded in conformity with the Treaty between a Member State and one or more third countries and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatory States;
Amendment 126 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 127 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Amendment 129 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 130 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 131 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
Amendment 132 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 133 #
2011/0437(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 134 #
2011/0437(COD)
Proposal for a directive
Article 14
Article 14
Amendment 135 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
Amendment 136 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
Amendment 138 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
Article 15 – paragraph 1 – subparagraph 1 – point c
Amendment 139 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 141 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 142 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 143 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 144 #
Amendment 146 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 150 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 154 #
2011/0437(COD)
Proposal for a directive
Article 17 – title
Article 17 – title
Social and otherservices, specific services and services of general economic interest
Amendment 155 #
2011/0437(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Concessions for social and other specific services listed in Annex X falling within the scope of this Directive, and services of general economic interest shall be subject to the obligation of paragraph 3 of Art. 26 and of paragraph 1 of Article 27.
Amendment 156 #
2011/0437(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
In accordance with Protocol No 26 annexed to the Treaty on the Functioning of the European Union, public authorities have wide discretion to define services of general economic interest and services relating to particular public service tasks and to lay down the organisational arrangements for carrying out those particular tasks. The precise activity or activities, objectives, special public service tasks and duration and area concerned shall be clearly laid down in specifications or in a mandating act in accordance with each Member State’s legislation. On this basis, public authorities shall be free to select concessionaires and to select concessions and the award criteria for them, and shall comply with the obligations laid down in Articles 26(3) and 27(1).
Amendment 157 #
2011/0437(COD)
Proposal for a directive
Article 25
Article 25
Amendment 158 #
2011/0437(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The obligation referred to in paragraph 1 shall also apply to those services concessions the estimated value of which, as calculated according to the method referred to in Article 6 (5), is equal to or higher than 2 510 000 000 EUR with the sole exception of social services, services of general economic interest and other specific services as referred to in Article 17.
Amendment 159 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Concessions shall be awarded on the basis of objective criteria which ensure compliance with the principles of transparency, non-discrimination and equal treatment and which ensure that tenders are assessed in conditions of effective competition permittingwith a view to identifying an overall economic advantage for the contracting authority or the contracting entity, environmental, social and cohesion-related advantage.
Amendment 160 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. For concessions for services of general economic interest, the objectives of a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights shall also be taken into consideration.
Amendment 161 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
Amendment 162 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. Member States may provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender, in economic, environmental, social and cohesion-related terms, in compliance with paragraph 2. Those criteria may include, in addition to price or costs, any of the following criteria
Amendment 242 #
2011/0437(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to Article 14 of the Treaty on the Functioning of the European Union and to Protocol 26 to the Treaty,
Amendment 243 #
2011/0437(COD)
Proposal for a directive
Citation 1 b (new)
Citation 1 b (new)
Having regard to Article 4(2) of the Treaty on the Functioning of the European Union,
Amendment 248 #
2011/0437(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The absence of clear rules at Union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Small and Medium Enterprises (SMEs), are being deprived of their rights within the Internal Market and miss out on important business opportunities, while public authorities may not find the best use of public money so that EU citizens benefit from quality services at best prices. An adequate legal framework for the award of concessions would ensure effective and non-discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic servicervices of general economic interest to the citizen.
Amendment 255 #
2011/0437(COD)
Proposal for a directive
Recital 3
Recital 3
(3) TAccording to Article 4 of the Treaty on the European Union, the Directive respects national identities, inherent to their fundamental structures, political and constitutional, inclusive of regional and local self-government. According to Article 14 of the Treaty on the Functioning of the European Union and Protocol 26 on Services of General Interest, this Directive should not in any way affect the freedom of Member States or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties. Member States or public authorities inclusive of the sub-state authorities should remain free to define the characteristics of the service to be provided, including any conditions regarding the quality or price of the services, in order to pursue their public policy objectives
Amendment 266 #
2011/0437(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Certain coordinationSpecific provisions shouldmust also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors givenconcessions for services of general economic interest, where objectives and particular tasks are laid down by thate national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence of special or exclusive rights granted by the Member State, who have full freedom of choice in their management and who may grant special or exclusive rights concerning the supply to, provision or operation of networks for providing the services concerned.
Amendment 278 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions armay be contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. Concessions may also concern the delegation of the management of services, particularly services of general economic interest, for a fixed period of time, for a specific activity and in a defined area. These are not therefore public ‘purchases’, ‘acquisitions’ or ‘public contracts’. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
Amendment 283 #
2011/0437(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the Court of Justice of the European Union on this subject. Therefore, the definition of concession should be clarified, in particular by referring to the concept of substantial operating risk. TIn general, the main feature of a concession, the right to exploit the works or services, always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded. Moreover, in respect of concessions for services of general interest, the delegation of management entailed implies rigorous implementation by concessionaires of the particular tasks awarded to them, particularly the values clearly laid down in Protocol 26 annexed to the TEU and the TFEU: a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights. The application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss, by guaranteeing a minimal revenue, equal or higher to the costs that the contractor has to incur in relation with the performance of the contract. At the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupement of the investements and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset.
Amendment 291 #
2011/0437(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The notion of special or exclusive rights is central to the definition of the scope of this Directive, since entities which are neither contracting entities pursuant to Article 4 (1) (1) nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights. It is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria, notably pursuant to Union legislation, and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this Directive. This legislation should include Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas, Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity, Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, Directive 94/22/EC of the European Parliament and of the Council of 20 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons and Regulation (EC) No 1370/2007of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70. The increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself. The Union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall under this Directivethe delegation of management for a fixed period of time, for a specific activity and in a defined area, for a consideration consisting in the exploitation of those works and services at the concessionaire's risk.
Amendment 299 #
2011/0437(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure a real opening up of the market and a fair balance in the application of concession award rules in the water, energy, transport and postal services sectors it is necessary for the entities covered to be clearly identified on a basis other than their legal status. It should be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudicedin the light of the particular tasks laid down by the public authorities. It is also necessary to ensure, in keeping with Article 345 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.
Amendment 343 #
2011/0437(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States shouldall be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this Directive do not prevent Member States to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee . Member States and/or public authorities remain free to provide these services themselves or to organise social services, such as all services of general economic interest, in a way that does not entail the conclusion of concessions, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity, without any limits or quotas, provided such system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.
Amendment 346 #
2011/0437(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to make it possible for all interested operators to submit applications and tenders, contracting authorities and contracting entities, the grantor should be obliged to respect a minimum time limit for the receipt of such applications.
Amendment 348 #
2011/0437(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The choice and application of proportional, non-discriminatory and fair selection criteria to economic operators is crucial for their effective access to the economic opportunities related to concessions. In particular, the possibility for a candidate to rely on the capacities of other entities can be decisive to enable the participation of small and medium sized enterprises. Therefore, it is appropriate to provide that the selection criteria should relate exclusively to the technical, financial and economic capacity of operators, but also, as regards services of general economic interest, their compliance with environmental, social and cohesion- related provisions, as well as with the objectives of a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights, should be announced in the concession notice and cannot preclude an economic operator from relying on the capacities of other entities, regardless of the legal nature of its links with those entities, if the latter proves to the contracting authority or entity that it will have at its disposal the necessary resources.
Amendment 359 #
2011/0437(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In technical specifications and in award criteria, contracting authorities and contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the concession. In order to better integrate social considerations in the award of concessions, procurergranting authorities may also be allowed to include, in the award criteria, characteristics related to the working conditions. However, where the contracting authorities or contracting entities use the most economically advantageous tender, such criteria may only relate to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process, and safeguarding their employment and working conditions and compliance with collective agreements for them, or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. In this case, any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements, based on compliance with ILO standards, to which the Union is party. Contracting authorities and contracting entities should, also where they use the criterion of the most economically advantageous tender, be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the concession in question, as this may affect the quality of concession performance and, as a result, the economic value of the tender.
Amendment 367 #
2011/0437(COD)
Proposal for a directive
Recital 34
Recital 34
(34) It is necessary to clarify the conditions under which modifications of a concession during its execution require a new award procedure, taking into account the relevant case-law of the Court of Justice of the European Union. Any concession in force may be modified by means of a supplementary agreement. A new award procedure is required in, however, in the case of material changes to the initial concession, demonstrating the intention of the parties to renegotiate essential terms or conditions of that concession. This is notably the case if the amended conditions would have had an influence on the outcome of the procedure, had they been part of the initial procedure. An exceptional and temporary extension of the term of the concession strictly aimed at ensuring the continuity of the provision of the service pending the award of a new concession should not normally qualify as a material change to the initial concession.
Amendment 370 #
2011/0437(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Contracting authorities and contracting entitieGrantors can be faced with external circumstances that they could not foresee when they awarded the concession. In this case, a certain degree of flexibility is needed to adapt the concession to these circumstances without a new award procedure. The notion of circumstances that a diligent contracting authority or contracting entity could not foresee refers to those circumstances which could not be predicted despite reasonably diligent preparation of the initial award by the contracting authority or contracting entity, taking into account its available means, the nature and characteristics of the specific project, good practice in the field in question and the need to ensure an appropriate relationship between the resources spent in preparing the award and its foreseeable value. However, this cannot apply in cases where a modification results in an alteration of the nature of the overall procurement, for instance by replacing the works, supplies or services to be procured by something different or by fundamentally changing the type of procurement since, in such a situation, a hypothetical influence on the outcome may be assumed.
Amendment 372 #
2011/0437(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In line with the principles of equal treatment and transparency, the successful tenderer should not be replaced by another economic operator without reopening the concession to competition. However, the successful tenderer performing the concession may undergo certain structural changes during the performance of the concession, such as purely internal reorganisations, mergers and acquisitions or insolvency or be substituted on the basis of a contractual clause known to all tenderers and in line with the principles of equal treatment and transparency. Such structural changes should not automatically require new award procedures for all concessions performed by that undertaking.
Amendment 379 #
2011/0437(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) This Directive is without prejudice to the Member States’ power to award, define and organise the provision of a public service task in accordance with Protocol 29 annexed to the Treaties on the system of public broadcasting in the Member States.
Amendment 399 #
2011/0437(COD)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Principle of free administration by public authorities This Directive recognises the principle of free administration by contracting authorities and contracting entities in conformity with the national legislation in force. They shall be free to decide on the management method they deem to be the most appropriate in order to execute the works and provide the services for which they are responsible, in accordance with the legal and procedural arrangements they deem to be the most effective. Pursuant to Article 14 of the Treaty on the Functioning of the European Union, and Protocol 26 to that Treaty, this Directive shall have neither the objective nor the effect of laying down a specific legal form for the public authorities concerned.
Amendment 417 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) a 'services concession' means a contract for pecuniary interest concluded in writing between one or more economic operators andy means of which one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be providedward the performance of services for which they are responsible to one or more economic operators, where the consideration for that award, constituting the mandating act, consists either solely in the right to exploitperform the services that aris the subject of the contract or in that right together with payment. The right to exploit the works or services shall imply the transfer to the concessionaire of the substantial economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject of the concession.
Amendment 444 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 510 000 000:
Amendment 450 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Services concessions the value of which is equal to or greater than EUR 2 55 000 000 but lower than EUR 510 000 000 other than social services and other specific services shall be subject to the obligation to publish a concession award notice in accordance with Articles 27 and 28.
Amendment 566 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) such an authority or entity exercises over the legal person concerned a control which is similarequivalent to that which it exercises over its own departments, i.e. it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person. The Member States shall determine the conditions under which such control can be exercised;
Amendment 575 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 90%the bulk of the activities of that legal person areis carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity
Amendment 598 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1 a (new)
Article 15 – paragraph 2 – subparagraph 1 a (new)
Not-for-profit legal persons operating in the social economy (associations, mutual associations, cooperatives, etc.) shall be exempt from the provisions of this Article;
Amendment 605 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 exercise jointly over the legal person a control which is similarequivalent to that which it exercises over its own departments, i.e. they exercise a decisive influence over both strategic objectives and significant decisions of the controlled legal person. The Member States shall determine how such control can be exerted.
Amendment 614 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 90%the bulk of the activities of that legal person areis carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity; The Member States may specify the mandatory minimum proportion of turnover controlled by the contracting authority;
Amendment 633 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
Amendment 940 #
2011/0437(COD)
Proposal for a directive
Article 50 – paragraph 1 – subparagraph 1 a (new)
Article 50 – paragraph 1 – subparagraph 1 a (new)
Member States shall put in place in their laws, regulations and administrative provisions a transitional period from 5 to 10 years for the implementation of the provisions of this Directive for any new concession contract.
Amendment 27 #
2011/0389(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 29 #
2011/0389(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 35 #
2011/0389(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to preserve the rights of the parties concerned when the competent authorities of Member States cooperate with the competent authorities of third countries on the exchange of audit working papers or other relevant documents for the assessment of the quality of the audit performed, Member States should ensure that the working arrangements entered into by their competent authorities based on which any exchange of such papers takes place comprise enough safeguards to protect the business secrecy, commercial interests, including the industrial and intellectual property rights of the audited entities. Member States shall ensure that those arrangements comply and are compatible with the provisions of Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and of the free movement of such data.
Amendment 48 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2006/43/EC
Article 2 – point 11
Article 2 – point 11
Amendment 63 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Directive 2006/43/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 77 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2006/43/EC
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
‘The competent authorities referred to in Article 32 shall cooperate in view of achieving a convergence of the requirements set out in this Article. They shall cooperate with the European Securities and Markets Authority (ESMAGroup of Auditors’ Oversight Bodies (EGAOB) and the competent authorities referred to in Article X of[XXX] Regulation [XXX] of [XXX] in so far as such convergence relates to the statutory audits of public- interest entities.’.
Amendment 88 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2006/43/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The competent authorities referred to in Article 32 shall cooperate in view of achieving a convergence of the requirements of the adaptation period and the aptitude test. They shall enhance the transparency and predictability of the requirements. They shall cooperate with ESMAthe EGAOB and the competent authorities referred to in Article [XXX] Regulation [XXX] of [XXX] in so far as such convergence relates to the statutory audits of public-interest entities.’.
Amendment 100 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26
Article 26
Amendment 161 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 – point -a (new)
Article 1 – point 23 – point -a (new)
Directive 2006/43/EC
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(-a) in paragraph 1, point (b) is replaced by the following: (b) the transfer takes place via the home competent authorities to the competent authorities of that third country and upon their reasoned request;
Amendment 162 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 – point aa (new)
Article 1 – point 23 – point aa (new)
Directive 2006/43/EC
Article 47 – paragraph 2 – point d
Article 47 – paragraph 2 – point d
(aa) in paragraph 2, point (d) is replaced by the following: (d) the request from a competent authority of a third country for audit working papers or other documents held by a statutory auditor or audit firm can be refused: – where the provision of those working papers or documents would adversely affect the sovereignty, security or public order of the Community or of the requested Member State, or – where the guarantees offered by the competent authorities of the third country in order to protect the business secrecy and commercial interests, including the industrial and intellectual property rights, of the audited entities are deemed insufficient by the competent authorities of the Member State, or – where judicial proceedings have already been initiated in respect of the same actions and against the same persons before the authorities of the requested Member State.
Amendment 167 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 – point ca (new)
Article 1 – point 23 – point ca (new)
Directive 2006/43/EC
Article 47 – paragraph 6
Article 47 – paragraph 6
(ca) paragraph 6 is replaced by the following: Member States shall communicate to the Commission the working arrangements referred to in paragraphs 1 and 4. The Commission shall ensure, in particular, the conformity thereof with the provisions of Directive 95/46/EC.
Amendment 204 #
2011/0359(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The provision of services other than statutory audit to audited entities by statutory auditors, audit firms or members of their networks may compromise their independence. Therefore, it is appropriate to require the statutory auditor, the audit firm and the members of their network not to provide non-audit services to their audited entities. The provision of non-audit services by an audit firm to a company would prevent that audit firm from carrying out statutory audit of that company, thus resulting in a reduction of the audit firms available to provide statutory audit, in particular with regard to the audit of large public-interest entities where the market is concentrated. As a result, in order to secure that a minimum number of audit firms is able to provide audit services to large public- interest entities, it is appropriate to request that audit firms of significant dimension focus their professional activity on the carrying out of statutory audit and are not allowed to undertake other services unconnected to their statutory audit function such as consultancy or advisory services.
Amendment 223 #
2011/0359(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The appointment of more than one statutory auditor or audit firm by the public-interest entities would reinforce the professional scepticism and contribute to increasing audit quality. Also, this measure combined with the presence of smaller audit firms would facilitate the development of the capacity of such firms, thus contributing to increasing the choice of statutory auditors and audit firms for public-interest entities. Therefore, the latter should be encouraged and incentivised to appoint more than one statutory auditor or audit firm to carry out the statutory audit under conditions which make it possible for the audit to be performed in a collective and concerted manner, and for a cross-check of each auditor’s work to be carried out.
Amendment 233 #
2011/0359(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The cooperation between the competent authorities of the Member States can make an important contribution to ensuring consistently high quality in the statutory audit in the Union. Therefore, the competent authorities of the Member States should cooperate with each other, where necessary, for the purpose of carrying out their supervisory duties regarding statutory audits. They should respect the principle of home-country regulation and oversight by the Member State in which the statutory auditor or audit firm is approved and the audited entity has its registered office. The cooperation between competent authorities would be particularly enhanced if organised within the framework of the Joint Committee of European Supervisory Authorities (ESA), under the leadership of the European Securities and Markets Authority (ESMA) set up by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities Market Authority). ESMA, with the assistance of the European Banking Authority (EBA) set up by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) and the European Insurance and Occupational Pensions Authority (EIOPA) set up by Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), should contribute to that cooperation by providing advice and guidelines to national competent authorities.
Amendment 235 #
2011/0359(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 236 #
2011/0359(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Sustainable audit capacity and a competitive market for statutory audit services in which there is a sufficient choice of audit firms capable of carrying out statutory audits of public-interest entities are required in order to ensure a smooth functioning of capital markets. ESMAThe EGAOB should report on the changes brought in the audit market structure by this Regulation. When carrying such analysis, ESMAthe EGAOB should take into account the impact of the national civil liability rules for statutory auditors on the structure of the audit market. Based on such report and other appropriate evidence, the Commission should present a report on the impact of the national liability rules for statutory auditors on the audit market structure and should take the steps it considers appropriate as a result of its findings.
Amendment 238 #
2011/0359(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to take account of developments in auditing and the audit market, the Commission should be empowered to specify technical requirements on the content of the handover file that the new statutory auditor or audit firm should receive and on the establishment of a European quality certificate for statutory auditors and audit firms carrying out statutory audits of public-interest entities.
Amendment 239 #
2011/0359(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to take account of the technical developments in the financial markets, in auditing and the audit profession and to specify the requirements laid down in this Regulation, the Commission should be empowered to adopt delegatedimplementing acts in accordance with Article 2901 of the Treaty on the Functioning of the European Union. In particular, the use of delegatedimplementing acts is necessary to adapt the list of related audit services and of prohibited non-audit services as well as to set out the level of fees that ESMA could charge for delivering the European Quality Certificate to statutory auditors and audit firms. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts,, and should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 270 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. When the statutory auditor or audit firm provides to the audited entity related financial audit services, as referred to in Article 10(2), the fees for such services shall be limited to no more than 120 % of the fees paid by the audited entity for the statutory audit for two consecutive years. When two statutory auditors or audit firms are appointed, the fees for such services shall be limited to no more than 25 % of the fees paid by the audited entity for the statutory audit for two consecutive years. However, fees received for related financial services provided pursuant to national or European regulations shall not be taken into account in calculating the above thresholds.
Amendment 273 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
When the total fees received from a public- interest entity subject to the statutory audit represent, for two consecutive years, either more than 205 %, or, f more two consecutive years, more than 15 % of thehan 30 % when two statutory auditors or audit firms are appointed, of the total annual fees received by the statutory auditor or audit firm carrying out the statutory audit, suchthese auditors or firms shall disclose to the audit committee the fact that the total of such fees represents more than 205 % or 1530 %, as appropriate, of the total fees received by the firm and the discussions referred to in Article 11(4)(d) shall be undertaken. The audit committee shall consider whether the audit engagement shall be subject to a quality control review by another statutory auditor or audit firm prior to the issuance of the audit report.
Amendment 334 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point vi
Article 10 – paragraph 3 – subparagraph 3 – point a – point vi
(vi) designing and implementing financial information technology systems for public- interest entities as referred to in Article 2(13)(b) to (j) of Directive 2006/43/EC;
Amendment 341 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new)
(viiia) human resources services, including recruiting senior management;
Amendment 356 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point i
Article 10 – paragraph 3 – subparagraph 3 – point b – point i
Amendment 363 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point iii
Article 10 – paragraph 3 – subparagraph 3 – point b – point iii
Amendment 375 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 4
Article 10 – paragraph 3 – subparagraph 4
By derogation from the first and second subparagraphs, the services mentioned in point (b)(iii) and (iv) may be provided by the statutory auditor or the audit firm, subject to prior approval by the competent authority referred to in Article 35(1).
Amendment 382 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 5
Article 10 – paragraph 3 – subparagraph 5
By derogation from the first and second subparagraphs, the services mentioned in point (b)(i) and (ii) may be provided by the statutory auditor or the audit firm, subject to prior approval by the audit committee as referred to in Article 31 of this Regulation.
Amendment 395 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 551 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Public-interest entities which meet the criteria set out in points (f) and (t) of Article 2(1) of Directive 2003/71/EC or which have appointed two statutory auditors or audit firms shall not be required to apply the selection procedure referred to in paragraph 4.
Amendment 561 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
The public-interest entity shall appoint a statutory auditor or audit firm for an initial engagement that shall not be shorter than two years.
Amendment 562 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
The public-interest entity shall appoint at least one statutory auditor or audit firm for an initial engagement that shall not be shorter than two years or longer than six years.
Amendment 565 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
Amendment 582 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Article 33 – paragraph 1 – subparagraph 3
The maximum duration of the combined two engagements shall not exceed 612 years.
Amendment 595 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Article 33 – paragraph 1 – subparagraph 4
Where throughout a continuous engagement of 6 years two statutory auditors or audit firms have been appointed, the maximum duration of the engagement of each statutory auditor or audit firm shall not exceed 918 years.
Amendment 606 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2a. By way of derogation from paragraphs 1 and 2, the same statutory auditor or audit firm may be re-engaged by the following entities, provided that they are not among a Member State’s twenty largest issuers of shares as measured by market capitalisation on the basis of end- year quotes: (a) issuers of shares with a market capitalisation of less than EUR 1 billion on the basis of end-year quotes for the previous three calendar years; (b) credit institutions which, in addition, meet at least two of the following three criteria: - an average number of employees during the financial year of fewer than 250 persons; - a total balance sheet not exceeding EUR 43 million; - an annual net turnover not exceeding EUR 50 million.
Amendment 645 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 1
Article 35 – paragraph 6 – subparagraph 1
The Member States shall inform each other, EBA, EIPA and ESMA in accordance with the relevant provisions of Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010, and shall inform the EGAOB and the Commission of the appointment of competent authorities for the purposes of this Regulation.
Amendment 646 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2
Article 35 – paragraph 6 – subparagraph 2
Amendment 674 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
The cooperation between competent authorities shall be organised within the framework of ESMAthe EGAOB.
Amendment 676 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Amendment 679 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 3
Article 46 – paragraph 1 – subparagraph 3
Amendment 680 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 4
Article 46 – paragraph 1 – subparagraph 4
Amendment 683 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. ESMAThe EGAOB shall provide advice to the competent authorities in the cases provided for in this Regulation. The Ccompetent authorities shall consider that advice before taking any final decision under this Regulation.
Amendment 685 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 1 – introductory part
Article 46 – paragraph 3 – subparagraph 1 – introductory part
In order to facilitate the exercise of the tasks provided for in this Regulation, ESMAthe EGAOB shall issue guidelines, in accordance with Article 16 of Regulation (EU) No 1095/2010, as appropriate, on:
Amendment 687 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 3 – subparagraph 2
Article 46 – paragraph 3 – subparagraph 2
Amendment 689 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 1
Article 46 – paragraph 4 – subparagraph 1
By X X 20XX [four years after the entry into force of the Regulation], and at least at on a two-year basis thereafter, ESMAthe EGAOB shall prepare a report on the application of this Regulation.
Amendment 690 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 2
Article 46 – paragraph 4 – subparagraph 2
Amendment 691 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 3
Article 46 – paragraph 4 – subparagraph 3
In a report to be prepared by X X 20XX [two years after the entry into force of the Regulation], ESMAthe EGAOB shall undertake an evaluation of the structure of the audit market.
Amendment 692 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 4
Article 46 – paragraph 4 – subparagraph 4
For the purpose of this report, ESMAthe EGAOB shall examine the influence of Member States’ civil liability systems for statutory auditors on the audit market structure.
Amendment 693 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 5
Article 46 – paragraph 4 – subparagraph 5
In a report to be prepared by ESMA by X X 20XX [four years after the entry into force of the Regulation], the EGAOB shall examine whether the competent authorities referred to in Article 35(1) are sufficiently empowered and have adequate resources to carry out their tasks.
Amendment 694 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 6 – introductory part
Article 46 – paragraph 4 – subparagraph 6 – introductory part
In a report, to be prepared by ESMA by X X 20XX [six years after the end of the transitional period], the EGAOB shall examine the following issues:
Amendment 695 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4 – subparagraph 7
Article 46 – paragraph 4 – subparagraph 7
In a report, to be prepared by X X 20XX [twelve years after the entry into force of the Regulation], ESMAthe EGAOB shall undertake an evaluation of the impact of this Regulation.
Amendment 697 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. Before X X 20XX [three years after the entry into force of the Regulation] the Commission shall present a report, on the basis of the ESMAGAOB reports and other appropriate evidence, on the impact of the national liability rules for statutory auditors on the audit market structure. In the light of that report, the Commission shall take the steps it considers appropriate as a result of its findings. Power shall be delegated to the Commission to amend Decision 2005/909/EC in order to confer an independent legal status on the EGAOB and carry out the tasks provided for by this Regulation.
Amendment 698 #
Amendment 700 #
2011/0359(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 3
Article 51 – paragraph 2 – subparagraph 3
Amendment 701 #
2011/0359(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 4
Article 51 – paragraph 2 – subparagraph 4
The investigation or inspection shall be subject throughout to the overall control of the Member State on whose territory it is conducted. However, in the event of an investigation or inspection with cross- border effect, the competent authorities may request ESMAthe EGAOB to coordinate the investigation or inspection.
Amendment 702 #
2011/0359(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
Where the audit firms concerned by the requirement in Article 43 belong to networks of at least Union dimension, competent authorities shall cooperate within ESMAthe EGAOB with a view to ensuring that the different national requirements take account of the network dimension.
Amendment 703 #
2011/0359(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
The competent authorities shall make available to ESMAthe EGAOB and the other competent authorities the contingency plans received pursuant to Article 43(4).
Amendment 704 #
2011/0359(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 706 #
2011/0359(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
With regard to specific networks, colleges of competent authorities shall be established by ESMAthe EGAOB upon request of one or more competent authorities.
Amendment 707 #
2011/0359(COD)
Proposal for a regulation
Article 53 – paragraph 7
Article 53 – paragraph 7
7. In the absence of agreement concerning the written coordination arrangements under paragraph 6, any member of the college may refer the matter to ESMAthe EGAOB. The facilitator shall give due consideration to any advice provided by ESMAthe EGAOB concerning the written coordination arrangements before agreeing their final text. The written coordination arrangements shall be set out in a single document containing full reasons for any significant deviation from the advice of ESMAthe EGAOB. The facilitator shall transmit the written coordination arrangements to the members of the college and to ESMAthe EGAOB.
Amendment 709 #
2011/0359(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. The obligation of professional secrecy shall apply to all persons who work or who have worked for ESMAthe EGAOB, or for any other person to whom ESMAthe EGAOB has delegated tasks, including experts contracted by ESMAthe EGAOB. Information covered by professional secrecy shall not be disclosed to another person or authority except where such disclosure is necessary for legal proceedings.
Amendment 710 #
2011/0359(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Paragraph 1 of this Article and Article 37 shall not prevent ESMAthe EGAOB and the competent authorities from exchanging confidential information. Information thus exchanged shall be covered by the obligation of professional secrecy, to which persons employed or formerly employed by competent authorities are subject.
Amendment 711 #
2011/0359(COD)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. All the information exchanged under this Regulation between ESMAthe EGAOB, the competent authorities and other authorities and bodies shall be considered confidential, except where ESMAthe EGAOB or the competent authority or other authority or body concerned states at the time of communication that such information may be disclosed or where such disclosure is necessary for legal proceedings.
Amendment 712 #
2011/0359(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Regulation (EC) No 45/2001 shall apply to the processing of personal data carried out by the EGAOB, ESMA, EBA and EIOPA in the context of this Regulation.
Amendment 713 #
2011/0359(COD)
Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1
Article 57 – paragraph 1 – subparagraph 1
The competent authorities and ESMA may conclude cooperation agreements on exchange of information with the competent authorities of third countries only if the information disclosed is subject, in the third countries concerned, to guarantees of professional secrecy which are at least equivalent to those set out in Articles 37 and 55.
Amendment 714 #
2011/0359(COD)
Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 3
Article 57 – paragraph 1 – subparagraph 3
Where such exchange of information involves the transfer of personal data to a third country, Member States shall comply with Directive 95/46/EC and ESMA shall comply with Regulation (EC) No 45/2001.
Amendment 715 #
2011/0359(COD)
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
The competent authorities shall cooperate with the competent authorities or other relevant bodies of third countries regarding the quality assurance reviews and investigations of auditors and audit firms. ESMAThe EGAOB shall contribute to this cooperation.
Amendment 716 #
2011/0359(COD)
Proposal for a regulation
Article 57 – paragraph 2 – subparagraph 2
Article 57 – paragraph 2 – subparagraph 2
Amendment 717 #
2011/0359(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
The competent authority of a Member State or ESMA may disclose the information received from competent authorities of third countries only if it has obtained the express agreement of the competent authority that has transmitted the information and, where applicable, the information is disclosed only for the purposes for which that competent authority gave its agreement, or where such disclosure is necessary for legal proceedings.
Amendment 718 #
2011/0359(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
The competent authority of a Member State or ESMA shall require that information communicated by them to a competent authority of a third country may be disclosed by that competent authority to third parties or authorities only with the prior express agreement of the competent authority which has transmitted the information, in accordance with its national law and provided that the information is disclosed only for the purposes for which that competent authority of the Member State or ESMA has given its agreement, or where such disclosure is necessary for legal proceedings.
Amendment 719 #
2011/0359(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
Amendment 721 #
2011/0359(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
Amendment 723 #
2011/0359(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
Amendment 724 #
2011/0359(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
Amendment 725 #
2011/0359(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Competent and judicial authorities shall provide ESMAthe EGAOB annually with aggregated information regarding all administrative measures, sanctions and fines imposed in accordance with Articles 61, 62, 63, 64, 65 and 66. ESMAThe EGAOB shall publish this information in an annual report.
Amendment 726 #
2011/0359(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. Where the competent authority has disclosed administrative measures, sanctions and fines to the public, it shall simultaneously report that fact to ESMAthe EGAOB.
Amendment 727 #
2011/0359(COD)
Proposal for a regulation
Article 68
Article 68
Amendment 732 #
2011/0359(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
By X X 20XX [five years after the end of the transitional period] the Commission shall prepare a report on the application of this Regulation. The report shall take due account of the report prepared by ESMAthe EGAOB referred to in the fourth subparagraph of Article 46(4).
Amendment 106 #
2011/0308(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on anshould disclose as part of the annual basisreport material payments made to governments and other contextual information in the countries in which they operate. Such undertakings are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The report should include types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). This disclosure should be part of the annual report and should include types of payments building on those disclosed under the EITI and provide civil society, including investors, with other contextual information. The report should include activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question and should include turnover (including third party and intragroup turnover) of the undertaking that might give rise to payments and, on a country-by-country basis, profit before tax, effective tax rates, total number of people employed and their aggregate remuneration, expenditure on fixed asset investment during the course of the reporting period and, in the case of undertakings active in the extractive and logging industries, production volumes. The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market.
Amendment 116 #
2011/0308(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to take account of future changes to the laws of the Member States and in the legislation of the Union concerning company types, tThe use of delegated acts is necessary to adapt the undertaking size criteria, as with the passage of time inflation will erode their real value. The Commission should therefore be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of updating the lists of undertakings contained in Annexes I and II. The use of delegated acts is alsoorder to adjust the undertaking size criteria to the extent necessary to adapoffset the undertaking size criteria, as with the passage of time inflation will erode their real valueeffects of inflation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. In order to ensure a relevant and appropriate level of disclosure ofthat payments to governments by the extractive industry and loggers of primary forests and to ensure uniform application of this Directineed not be reported if equivalent reporting requirements are observed, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the specification of the concept of materiality of payments.
Amendment 118 #
2011/0308(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 120 #
2011/0308(COD)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
Amendment 122 #
2011/0308(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. In order to adjust for the effects of inflation, the Commission shall examine periodically and, where necessary, amend, by means of delegated acts in accordance with Article 42, the definitions referred to in paragraphs 1 to 5 of this Article, taking into account measures of inflation as published in the Official Journal of the European Union.
Amendment 126 #
2011/0308(COD)
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) items in the profit and loss account and balance sheet shallmay be presented having regard to the substance or the form of the reported transaction or arrangement;
Amendment 127 #
2011/0308(COD)
Proposal for a directive
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) recognition, measurement, presentation, and disclosure in annual financial statements shall have regard to the materiality of the relevant items.
Amendment 184 #
2011/0308(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basito prepare and make public a report on payments made to governments and certain contextual information as defined in Article 38 on an annual basis. The report shall include information concerning activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question. The report shall form part of the notes to the financial statements.
Amendment 202 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) for undertakings active in the extractive industry and the logging of primary forests and subject to the materiality threshold defined in paragraph 1a, where those payments have been attributed to a specific project, the amount per type of payment, including payments in kind, made for each such project within a financial year, and the total amount of payments for each such project.;
Amendment 204 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(ca) net turnover broken down by categories of activity;
Amendment 206 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c b (new)
Article 38 – paragraph 1 – point c b (new)
(cb) production volumes broken down by categories of activity;
Amendment 208 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c c (new)
Article 38 – paragraph 1 – point c c (new)
(cc) production cost with its associated employee count;
Amendment 210 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c d (new)
Article 38 – paragraph 1 – point c d (new)
(cd) total cash cost of operations;
Amendment 212 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c e (new)
Article 38 – paragraph 1 – point c e (new)
(ce) fixed production assets at year-end with associated accumulated depreciation;
Amendment 214 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c f (new)
Article 38 – paragraph 1 – point c f (new)
(cf) net profit and loss before tax with associated cash and deferred tax on an accrual basis.
Amendment 216 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The information referred to in paragraph 1 shall be disclosed on a country basis except for that referred to in point (c), which shall be disclosed on a project basis provided the total payments attributed to a specific project exceed EUR 100 000.
Amendment 220 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) taxes on profits and the effective tax rate applied;
Amendment 229 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point f a (new)
Article 38 – paragraph 2 – point f a (new)
(fa) payments to state security forces for security services;
Amendment 244 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 256 #
2011/0308(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 23(1) to 23(6) of this Directive.
Amendment 266 #
2011/0308(COD)
Proposal for a directive
Article 42
Article 42
Amendment 21 #
2011/0307(COD)
Proposal for a directive
Recital 4
Recital 4
(4) According to the Commission report and to the Commission Communication, the administrative burden associated with obligations linked to admission to trading on regulated markets should be reduced for small and medium-sized issuers in order to improve their access to capital. The obligations to publish interim management statements or quarterly financial reports represent an important burden for issuers whose securities are admitted to trading on regulated markets, without being necessary for investor protection. They also encourage short-term performance and discourage long-term investment. In order to encourage sustainable value creation and long-term oriented investment strategy it is essential to reduce short-term pressure on issuers and to give investors incentive to adopt a longer term vision. The requirement to publish interim management statements should therefore be abolished.
Amendment 24 #
2011/0307(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to provide for enhanced transparency of payments made to governments, issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate reportshould disclose on an annual basis payments made to governments and other contextual information in the countries in which they operate. Theis disclosure should be part of the annual report and should include types of payments comparable tobuilding on those disclosed under the Extractive Industries Transparency Initiative (EITI) and provide civil society with information to , including investors, with other contextual information. The report should governments of resource-rich countries to account for their receipts from the exploitation of natural resourcinclude activities of subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements to the extent that they are consolidated in the annual financial statements of the undertaking or entity in question and should include turnover (including third party and intragroup turnover) of the undertaking that might give rise to payments and, on a country-by-country basis, profit before tax, effective tax rates, total number of people employed and their aggregate remuneration, expenditure on fixed asset investment during the course of the reporting period and, in the case of undertakings active in the extractive and logging industries, production volumes. The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market. The detailed requirements are defined in Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council.
Amendment 34 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2004/109/EC
Article 3 – paragraphe 1 – alinéa 1
Article 3 – paragraphe 1 – alinéa 1
1. The home Member State may make an issuer subject to requirements more stringent than those laid down in this Directive, except requiring issuers to publish periodic information other than annual financial reports referred to in Article 4 and half-yearly financial reports referred to in Article 5.
Amendment 206 #
Amendment 208 #
2011/0284(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Common European Sales Lawthe harmonisation of certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contracts, related services and digital content
Amendment 209 #
2011/0284(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) There are still considerable bottlenecks to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and job creation. Currently, only one in ten traders in the Union exports goods within the Union and the majority of those who do, only export to a small number of Member States. From the range ofOf all the obstacles to cross- border trade including, tax regulations, administrative requirements, delivery difficulties in delivery, language and culture, traders consider the difficulty in finding out the provisions of a foreign contract law among the top barriers in business-to-consumer transactions and in business-to-business transactions. This also leads to disadvantages for consumers due to limited access to goods. Different national contract laws therefore deter the exercise of fundamental freedoms, such as th have been identified as the greatest barriers . In spite of recently adopted Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1, which harmonises the main aspects of distance contracts, there are still a number of differences between national provisions of consumer contract law. Those differences can be freedom to provide goods and services, and representgarded as barriers to the functioning and continuing establishment of the internal market. They also have the effect of limiting competition, particularly in the markets of smaller Member States__________________ 1 OJ. L 304, 22.11.2011, p. 64.
Amendment 210 #
2011/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Contracts are the indispensable legal tool for every economic transaction. However, the need for traders to identify or negotiate the applicable law, to find out about the provisions of a foreign applicable law often involving translation, to obtain legal advice to make themselves familiar with its requirements and to adapt their contracts to different national laws that may apply in cross-border dealings makes cross-border trade more complex and costly compared to domestic trade. CIt is therefore necessary to complement Directive 2011/83/EU by updating the legal provisions governing certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contract-law-s, related barriers are thus a major contributing factor in dissuading a considerable number of export-oriented traders from entering cross-border trade or expanding their operations into more Member States. Their deterrent effect is particularly strong for small and medium-sized enterprises (SME) for which the costs of entering multiple foreign markets are often particularly high in relation to their turnover. As a consequence, traders miss out on cost savings they could achieve if it were possible to market goods and services on the basis of one uniform contract law for all their cross-border transactions and, in the online environment, one single web-sitservices and digital content. This updating process should to take account of the needs of the digital economy and the relevant rulings of the European Court of Justice.
Amendment 211 #
2011/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 212 #
2011/0284(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) A person should also be considered as a consumer in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person's trade and the trade purpose is so limited as not to be predominant in the overall context of the contract.
Amendment 213 #
2011/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The contract-law-related barriers which prevent traders from fully exploiting the potential of the internal market also work to the detriment of consumers. Less cross-border trade results in fewer imports and less competition. Consumers may be disadvantaged by a limited choice of goods at higher prices both because fewer foreign traders offer their products and services directly to them and also indirectly as a result of restricted cross- border business-to-business trade at the wholesale level. While cross-border shopping could bring substantial economic advantages in terms of more and better offers, many consumers are also reluctant to engage in cross-border shopping, because of the uncertainty about their rights. Some of the main consumer concerns are related to contract law, for instance whether they would enjoy adequate protection in the event of purchasing defective products. As a consequence, a substantial numberBy bringing the established body of European consumer law up to date with regard to the legal obligation relating to the guarantee of conformity, related services and digital content, a high level of consumers prefer to shop domestically even if this means they have less choice or pay higher pricesotection will be ensured.
Amendment 214 #
2011/0284(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 215 #
2011/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 216 #
2011/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 217 #
2011/0284(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 218 #
2011/0284(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation establishes a Common European Sales Law. It harmonises the contract laws of the Member States not by requirDirective provides a minimum set of rules making up the legal framework for certaing amendmenspects tof the pre-existing national contract law, but by csale of consumer goods and digital content, legal obligations relating within each Member Stato guarante'es national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contractof conformity and related-services contracts. This Directive therefore harmonises the contract law of Member States without preventing them from maintaining or introducing stricter national provisions in the areas harmonised by the Directive in order to guarantee a high level of consumer protection.
Amendment 219 #
2011/0284(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 221 #
2011/0284(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules. In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence in the Common European Sales Law and thus provide consumers with an incentive to enter into cross-border contracts on that basis. The rules should maintain or improve the existing level of protection that consumers enjoy under Union consumer law.
Amendment 223 #
2011/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 224 #
2011/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 225 #
2011/0284(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 226 #
2011/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 227 #
2011/0284(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 228 #
2011/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to reflect the increasing importance of the digital economy, the scope of the Common European Sales Lawis Directive should also cover contracts for the supply of digital content. The transfer of digital content for storage, processing or access, and repeated use, such as a music download, has been growing rapidly and holds a great potential for further growth but is still surrounded by a considerable degree of legal diversity and uncertainty. The Common European Sales Lawis Directive should therefore cover the supply of digital content irrespective of whether or not that content is supplied on a tangible medium.
Amendment 229 #
2011/0284(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Digital content is often supplied not in exchange for a price but in combination with separate paid goods or services, involving a non-monetary consideration such as giving access to personal data or free of charge in the context of a marketing strategy based on the expectation that the consumer will purchase additional or more sophisticated digital content products at a later stage. In view of this specific market structure and of the fact that defects of the digital content provided may harm the economic interests of consumers irrespective of the conditions under which it has been provided, the availability of the Common European Sales Lawprotection for the consumer which is ensured by this Directive should not depend on whether a price is paid for the specific digital content in question.
Amendment 230 #
2011/0284(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) While Directive 2011/83/EU lays down provisions on the passing of risk in respect of goods, it remains necessary to complement those provisions by similar provisions on digital content, too, and, in the process, take account of the specific features of those products.
Amendment 231 #
2011/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) With a view to maximising the added value of the Common European Sales Law its material scopupdating existing provisions on the legal obligation relating to the guarantee of conformity, the material scope of this Directive should also include certain services provided by the seller that are directly and closely related to specific goods or digital content supplied on the basis of the Common European Sales Law, and in practice often combined in the same or a linked contract at the same time, most notably repair, maintenance or installation of the goods or the digital content.
Amendment 234 #
2011/0284(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is supplShould the good, related service or digital content concerned not conform to the contract, consumers should be able to choose from the various remedieds with a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contracthich this Directive guarantees them. Consumers should be entitled to require traders to remedy the lack of conformity through certain actions, which may take the form of repair or replacement, a reduction ing parties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by turchase price, withholding of the consumer's own performance, withdrawal from the contract, or damages. It should be possible, whe respective national law which is applicable according pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any o appropriate, to combine some of therse relevant conflict of law rulemedies.
Amendment 235 #
2011/0284(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 236 #
2011/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 237 #
2011/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 238 #
2011/0284(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 239 #
2011/0284(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 240 #
2011/0284(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 241 #
2011/0284(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law that is applicable under Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. These issues include legal personality, the invalidity of a contract arising from lack of capacity, illegality or immorality, the determination of the language of the contract, matters of non-discrimination, representation, plurality of debtors and creditors, change of parties including assignment, set-off and merger, property law including the transfer of ownership, intellectual property law and the law of torts. Furthermore, the issue of whether concurrent contractual and non- contractual liability claims can be pursued together falls outside the scope of the Common European Sales Lis Directive are governed by the pre-existing rules of national law.
Amendment 242 #
2011/0284(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 243 #
2011/0284(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 244 #
2011/0284(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 245 #
2011/0284(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 246 #
2011/0284(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 247 #
2011/0284(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 248 #
2011/0284(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to enhance legal certainty by making the case-law of the Court of Justice of the European Union and of national courts on the interpretation of the Common European Sales Law or any other provision of this Regulationis Directive accessible to the public, the Commission should create a database comprising the final relevant decisions. With a view to making that task possible, the Member States should ensure that such national judgments are quickly communicated to the Commission.
Amendment 249 #
2011/0284(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 250 #
2011/0284(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Since the objective of this RegulationDirective, namely to contribute to the proper functioning of the internal market by making available a uniform set of contract law rules that can be used for cross-border transactions throughout the Unionharmonising certain aspects of the obligation relating to the guarantee of conformity in connection with sales contracts, related services and digital content, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this RegulationDirective does not go beyond what is necessary in order to achieve that objective.
Amendment 251 #
2011/0284(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This RegulationDirective respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and specifically Articles 16, 38 and 47 thereof,
Amendment 254 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this RegulationDirective is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set ensuring a high level of consumer protection which takes account in Annex I (‘the Common European Sales Law’). These ruleof new technologies, too, by harmonising certain aspects of the laws, regulations can be used for cross-border transactd administrative provisions ofor the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do soMember States with regard to certain aspects of the obligation relating to the guarantee of conformity, related services and digital content in connection with contracts concluded between consumers and traders.
Amendment 255 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 256 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In relation to contracts between traders and consumers, this RegulationThis Directive comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection, to enhance consumer confidence in the internal market and encourage consumers to shop across borders.
Amendment 257 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Save as otherwise provided in this Directive, Member States may maintain or introduce national laws ensuring a higher level of consumer protection which depart from the provisions of this Directive.
Amendment 258 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. Should one or more Member States avail itself of the possibility under paragraph 3a, the relevant provisions shall be in conformity with the Treaties and notified to the Commission. The Commission shall subsequently ensure that that information is easily accessible to consumers and traders, inter alia on a dedicated website.
Amendment 259 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 3 c (new)
Article 1 – paragraph 3 c (new)
3c. The enjoyment of other national rights concerning traders' contractual and noncontractual obligations shall be without prejudice to the consumer rights harmonised by this Directive.
Amendment 260 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
Amendment 262 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
Amendment 263 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
Amendment 264 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘trader’ means any natural or legal person who is actingperson or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to that person'his trade, business, craft, or profession in relation to contracts;
Amendment 266 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point f
Article 2 – point f
(f) ‘consumer’ means any natural person who is acting for purposes which are outside that person'his trade, business, craft, or profession;
Amendment 268 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point h
Article 2 – point h
(h) ‘goods’ means any tangible movable items; it excludes: (i) electricity and natural, with the exception of items sold by way of execution or otherwise by authority of law; water, gas; and (ii) water and other types of gas unlesselectricity shall be considered as goods where they are put up for sale in a limited volume or a set quantity;
Amendment 269 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point j – introductory part
Article 2 – point j – introductory part
(j) ‘digital content’ means data which are produced and supplied in digital form, whether or not according to the buyer's specifications, irrespective of whether the data are accessed through downloading or streaming, from a tangible medium or through any other means, against payment or for non-pecuniary consideration, such as making the consumer's personal data available, including video, audio, picture or written digital content, digital games, software and digital content which makes it possible to personalise existing hardware or software; it excludes:
Amendment 271 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point j – point iv
Article 2 – point j – point iv
Amendment 272 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point k
Article 2 – point k
Amendment 274 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point m – introductory part
Article 2 – point m – introductory part
(m) ‘related service’ means any service related to goods or digital content, such as installation, maintenance, repair or any other processing, provided by the seller of the goods or the supplier of the digital content under the sales contract, the contract for the supply of digital content or a separate related service contract which was concluded at the same time as or in connection with the sales contract or the contract for the supply of digital content; it excludes:
Amendment 275 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point m – point ii
Article 2 – point m – point ii
Amendment 276 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point n
Article 2 – point n
(n) ‘service provider’ means a seller of goods or supplier of digital content who undertakes to provide a customer with a service related to those goods or that digital contenttrader who undertakes to provide a related service;
Amendment 277 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point o
Article 2 – point o
Amendment 278 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point p
Article 2 – point p
Amendment 279 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point q
Article 2 – point q
Amendment 283 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point r
Article 2 – point r
Amendment 284 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point s
Article 2 – point s
(s) ‘commercial guarantee’ means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligations under Article 106 in case of lack relating to the guarantee of conformity, to reimburse the price paid or to replace or, repair, or service goods or digital contents in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;
Amendment 286 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point s a (new)
Article 2 – point s a (new)
(sa) 'repair' means remedying a lack of conformity of goods or digital contents;
Amendment 287 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point s b (new)
Article 2 – point s b (new)
(sb) 'producer' means any natural or legal person who manufactures or orders the manufacture of goods or digital contents, any importer of goods or digital contents into the territory of the European Union, or any other person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods or digital contents;
Amendment 288 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point t
Article 2 – point t
(t) ‘durable medium’ means any mediuminstrument which enables a partythe consumer or the trader to store information addressed personally to that partyto him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
Amendment 289 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point v
Article 2 – point v
Amendment 290 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point w
Article 2 – point w
Amendment 291 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point x
Article 2 – point x
Amendment 292 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point y a (new)
Article 2 – point y a (new)
(ya) 'free of charge' means free of the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.
Amendment 293 #
2011/0284(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 294 #
2011/0284(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 296 #
2011/0284(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 297 #
2011/0284(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 300 #
2011/0284(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 303 #
2011/0284(COD)
Proposal for a regulation
Article 8
Article 8
Agreement on the use of the Common 1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be determined on the basis of paragraphs 2 and 3 of this Article and Article 9, as well as the relevant provisions in the Common European Sales Law. 2. In relations between a trader and a consumer the agreement on the use of the Common European Sales Law shall be valid only if the consumer's consent is given by an explicit statement which is separate from the statement indicating the agreement to conclude a contract. The trader shall provide the consumer with a confirmation of that agreement on a durable medium. 3. In relations between a trader and a consumer the Common European Sales Law may not be chosen partially, but only in its entirety.rticle 8 deleted European Sales Law
Amendment 306 #
2011/0284(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 307 #
2011/0284(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 308 #
2011/0284(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 310 #
2011/0284(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 311 #
2011/0284(COD)
Proposal for a regulation
Article 13
Article 13
A Member State may decide to make the Common European Sales Law available for: (a) contracts where the habitual residence of the traders or, in the case of a contract between a trader and a consumer, the habitual residence of the trader, the address indicated by the consumer, the delivery address for goods and the billing address, are located in that Member State; and/or (b) contracts where all the parties are traders but none of them is an SME within the meaning of Article 7(2).rticle 13 deleted Member States' options
Amendment 312 #
2011/0284(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Communication of judgments applying this Regulation Directive
Amendment 313 #
2011/0284(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that final judgments of their courts applying the rules of this RegulationDirective are communicated without undue delay to the Commission.
Amendment 314 #
2011/0284(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 315 #
2011/0284(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This RegulationDirective shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Amendment 316 #
2011/0284(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Amendment 317 #
2011/0284(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 319 #
2011/0284(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Addressees This Directive is addressed to the Member States.
Amendment 321 #
Amendment 322 #
Amendment 323 #
Amendment 325 #
Amendment 332 #
Amendment 380 #
Amendment 381 #
2011/0284(COD)
Proposal for a regulation
Annex I – Chapter 10 – title
Annex I – Chapter 10 – title
Amendment 382 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 91
Annex I – Article 91
Amendment 383 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 92
Annex I – Article 92
Amendment 384 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 93
Annex I – Article 93
Amendment 385 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 94
Annex I – Article 94
Amendment 386 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 95
Annex I – Article 95
Amendment 387 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 96
Annex I – Article 96
Amendment 388 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 97
Annex I – Article 97
Amendment 389 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 98
Annex I – Article 98
Amendment 390 #
2011/0284(COD)
Proposal for a regulation
Annex I – Chapter 10 – section 3 – title
Annex I – Chapter 10 – section 3 – title
Conformity ofwith the goods and digital contentcontract and consumer's remedies
Amendment 391 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 99 – paragraph 1 – introductory part
Annex I – Article 99 – paragraph 1 – introductory part
1. The seller is obliged to deliver the goods or digital content in conformity with the contract. In order to conform with the contract, the goods or digital content must:
Amendment 392 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 99 – paragraph 2
Annex I – Article 99 – paragraph 2
2. In order to conform with the contract the goods or digital content must also meet the requirements of Articles 100, 101 and 102, save to the extent that the parties have agreed otherwise[...] (Criteria for conformity of the goods and digital content; incorrect installation under a consumer sales contract).
Amendment 393 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 99 – paragraph 3
Annex I – Article 99 – paragraph 3
3. In a consumer sales contract, aAny agreement derogating from the requirements of Articles 100, 102 and 103[...] (Criteria for conformity of the goods and digital content; incorrect installation under a consumer sales contract) to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods or the digital content and explicitly accepted the goods or the digital content as being in conformity with the contract when concluding it.
Amendment 395 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 99 – paragraph 4
Annex I – Article 99 – paragraph 4
Amendment 397 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 100 – point f
Annex I – Article 100 – point f
(f) possess the qualities and performance capabilities indicated in any pre- contractual statement which forms part of the contract terms by virtue of Article 69; and
Amendment 398 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 100 – point g
Annex I – Article 100 – point g
(g) possess such qualities and performance capabilities as the buyconsumer may expect, including durability, appearance and absence of minor faults. When determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price.
Amendment 399 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 101 – paragraph 2
Annex I – Article 101 – paragraph 2
Amendment 400 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 102
Annex I – Article 102
Amendment 401 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 103
Annex I – Article 103
Amendment 402 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 104
Annex I – Article 104
Amendment 404 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 105 – paragraph 1
Annex I – Article 105 – paragraph 1
1. The seller is liable for any lack of conformity which exists at the time when the risk passes to the buyer under Chapter 14consumer.
Amendment 405 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 105 – paragraph 2
Annex I – Article 105 – paragraph 2
2. In a consumer sales contract or a contract for the supply of digital content, any lack of conformity which becomes apparent within six monthsone year of the time when risk passes to the buyconsumer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity.
Amendment 407 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 105 – paragraph 4
Annex I – Article 105 – paragraph 4
4. Where the digital content must be subsequently updated by the trader, or where he supplies its components separately, the trader must ensure that the digital content remains in conformity with the contract throughout the duration of the contract.
Amendment 408 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 105 – paragraph 5
Annex I – Article 105 – paragraph 5
Amendment 409 #
Amendment 411 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – introductory part
Annex I – Article 106 – paragraph 1 – introductory part
1. In the case of non-performance of anthe obligation to conform to the contract by the seller, the buyconsumer may do any of the following:
Amendment 412 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point a
Annex I – Article 106 – paragraph 1 – point a
(a) require performance, which includes specific performance, repair or replacement of the goods or digital content, under Section 3 of this Chapter;
Amendment 413 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point b
Annex I – Article 106 – paragraph 1 – point b
(b) withhold the buyer's own performance under Section 4 of this Chapter;
Amendment 414 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point c
Annex I – Article 106 – paragraph 1 – point c
(c) terminate the contract under Section 5 of this Chapter Article [...] (Termination for non-performance)and claim the return of any price already paid, under Chapter 17;
Amendment 415 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point d
Annex I – Article 106 – paragraph 1 – point d
(d) reduce the price under Section 6 of this Chapter; and
Amendment 416 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point e
Annex I – Article 106 – paragraph 1 – point e
(e) claim damages under Chapter 16.
Amendment 417 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 2
Annex I – Article 106 – paragraph 2
2. Ifn the buyer is a trader: (a) the buyer's rights to exercise any remedy except withholding of performanccase of digital content made available afre subject to cure by the seller as set out in Section 2 of this Chapter; and (b) the buyer's rights to rely on lack of conformity are subject to the requirements of examination and notification set out in Section 7 of this Chaptere of charge, the consumer may make use of the remedies referred to in points a, b, c and e of paragraph 1.
Amendment 422 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 3
Annex I – Article 106 – paragraph 3
3. If the buyer is a consumer: (a) the buyer's rights are not subject to cure by the seller; and (b) the requirements of examination and notification set out in Section 7 of this Chapter do not applyRemedies which are not incompatible may be cumulated.
Amendment 424 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 4
Annex I – Article 106 – paragraph 4
4. If the seller's non-performance is excused, the buyer mayThe right to resort to any of these remedies referred to in paragraph 1 except requiring performance and damages.passes to a subsequent purchaser of the goods or digital content where that purchaser is a consumer
Amendment 427 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 5
Annex I – Article 106 – paragraph 5
Amendment 429 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 106 – paragraph 6
Annex I – Article 106 – paragraph 6
Amendment 430 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 107
Annex I – Article 107
Amendment 431 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 108
Annex I – Article 108
Amendment 432 #
2011/0284(COD)
Proposal for a regulation
Annex I – Chapter 11 – section 2 – title
Annex I – Chapter 11 – section 2 – title
Section 2: Cure by the seller Section 2: Cure by the service provider
Amendment 433 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 1
Annex I – Article 109 – paragraph 1
1. A sellrvice provider who has tendered performance early and who has been notified that the performance is not in conformity with the contract may make a new and conforming tender if that can be done within the time allowed for performance.
Amendment 435 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 2
Annex I – Article 109 – paragraph 2
2. In cases not covered by paragraph 1 a sellrvice provider who has tendered a performance which is not in conformity with the contract may, without undue delay on being notified of the lack of conformity, offer to cure it at its own expense.
Amendment 437 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 3
Annex I – Article 109 – paragraph 3
Amendment 442 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 4 – introductory part
Annex I – Article 109 – paragraph 4 – introductory part
4. The buyconsumer may refuse an offer to cure only if:
Amendment 443 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point a
Annex I – Article 109 – paragraph 4 – point a
(a) cure cannot be effected promptly and without significant inconvenience to the buyconsumer;
Amendment 444 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point b
Annex I – Article 109 – paragraph 4 – point b
(b) the buyconsumer has reason to believe that the sellrvice provider's future performance cannot be relied on; or
Amendment 445 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 5
Annex I – Article 109 – paragraph 5
5. The seller has a reasonable period of timervice provider has 30 days to effect cure.
Amendment 447 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 6
Annex I – Article 109 – paragraph 6
Amendment 450 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 109 – paragraph 7
Annex I – Article 109 – paragraph 7
7. Notwithstanding cure, the buyconsumer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure.
Amendment 451 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 111 – paragraph 1 – introductory part
Annex I – Article 111 – paragraph 1 – introductory part
1. Where, in a consumer salesIf the good or the digital content is not in conformity with the contract, the trader isconsumer may required to remedy a lack of conformity pursuant to Article 110(2) the consumer mafree of charge by chooseing between repair and replacement unless the option chosen would be unlawful or impossible or, compared to the other option available, would impose costs on the seller that would be disproportionate taking into account:
Amendment 454 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 111 – paragraph 2
Annex I – Article 111 – paragraph 2
2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if: a) the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days. However, the consumer may withhold performance during that time; b) the trader has implicitly or explicitly refused to remedy the lack of conformity; c) the same fault has occurred again following repair or replacement.
Amendment 455 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 112
Annex I – Article 112
Amendment 456 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 113
Annex I – Article 113
Amendment 458 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 114 – paragraph 1
Annex I – Article 114 – paragraph 1
1. A buyer may terminate the contract within the meaning of Article 8 if the seller'In the case of a consumer sales contract and a contract for the supply of digital content between a trader and a consumer, where there is non- performance under the contract is fundamental within the meaning of Article 87(2)because the goods or the digital content do not conform to the contract the consumer may terminate the contract unless the lack of conformity is insignificant.
Amendment 459 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 114 – paragraph 2
Annex I – Article 114 – paragraph 2
2. In a consumer sales contract andf the customer terminates a contract for the supply of digital content between a trader and a consumer, where there is a non-performance becausewhich was not concluded in exchange for monetary consideration on the goorounds dof not nconform toity, the contract, the consumer may terminate the contract unless the lack of conformity is insignificantustomer's personal data shall automatically be erased and the customer shall be informed of that erasure.
Amendment 460 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 115
Annex I – Article 115
Amendment 461 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 116
Annex I – Article 116
Amendment 462 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 117
Annex I – Article 117
Amendment 463 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 118
Annex I – Article 118
A right to terminate under this Section is exercised by notice to the seller.rticle 118 deleted Notice of termination
Amendment 464 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 119
Annex I – Article 119
Amendment 467 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 120
Annex I – Article 120
Amendment 468 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 121
Annex I – Article 121
Amendment 469 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 122
Annex I – Article 122
Amendment 470 #
Amendment 471 #
Amendment 472 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 140
Annex I – Article 140
Amendment 473 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 141
Annex I – Article 141
Amendment 474 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 141 a (new)
Annex I – Article 141 a (new)
Article 141a Time limits 1. Pursuant to Article [...] (conformity) the trader shall be liable if the non- conformity comes to light within six years following delivery of the good. 2. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph shall be suspended from the time when the consumer informs the trader of the non- conformity to the time when the consumer is once again in possession of the replaced or repaired good or the digital content. 3. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph 1 shall start to run again as soon as the consumer is in receipt of the replaced or repaired good or the digital content. In the event of repair the time limit shall start to run again.
Amendment 475 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 142 – paragraph 1
Annex I – Article 142 – paragraph 1
Amendment 476 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 142 – paragraph 3
Annex I – Article 142 – paragraph 3
Amendment 477 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 142 – paragraph 4
Annex I – Article 142 – paragraph 4
Amendment 478 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 142 – paragraph 5
Annex I – Article 142 – paragraph 5
Amendment 479 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 142 a (new)
Annex I – Article 142 a (new)
Amendment 480 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 143
Annex I – Article 143
Amendment 481 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 144
Annex I – Article 144
Amendment 482 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 145
Annex I – Article 145
Amendment 483 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 146
Annex I – Article 146
Amendment 484 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 147
Annex I – Article 147
Application of certain general rules on 1. The rules in Chapter 9 apply for the purposes of this Part. 2. Where a sales contract or a contract for the supply of digital content is terminated any related service contract is also terminated.rticle 147 deleted sales contracts
Amendment 485 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 148 – paragraph 4
Annex I – Article 148 – paragraph 4
4. Where in a contract between a trader and a consumer the related service includes installation of the goods, the installation must be such that the installed goods conform to the contract as required by Article 101[...] (faulty installation in the context of a customer sales contract).
Amendment 486 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 148 – paragraph 5
Annex I – Article 148 – paragraph 5
Amendment 487 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 149 – subparagraph 1 a (new)
Annex I – Article 149 – subparagraph 1 a (new)
This article shall be without prejudice to general or specific obligations to prevent damage applicable under existing national law.
Amendment 488 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 150 – paragraph 1 a (new)
Annex I – Article 150 – paragraph 1 a (new)
1a. The service provider must obtain the express consent of the consumer before entrusting performance to another person pursuant to paragraph 1.
Amendment 489 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 150 – paragraph 3
Annex I – Article 150 – paragraph 3
Amendment 490 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 151
Annex I – Article 151
Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the custoonsumer with an invoice which explains, in a clear and intelligible way, how the price was calculated.
Amendment 491 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 152 – paragraph 1 – introductory part
Annex I – Article 152 – paragraph 1 – introductory part
1. The service provider must warn the custoonsumer and seek the consent of the customer to proceedonsumer to proceed if the latter does not make use of his right to terminate the contract pursuant to Article [...] (list of remedies of the customer) if:
Amendment 492 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 152 – paragraph 1 – point a
Annex I – Article 152 – paragraph 1 – point a
(a) the cost of the related service would be greater than already indicated by the service provider to the custoonsumer; or
Amendment 493 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 152 – paragraph 2
Annex I – Article 152 – paragraph 2
2. A service provider who fails to obtain the consent of the custoonsumer in accordance with paragraph 1 is not entitled to a price exceeding the cost already indicated or, as the case may be, the value of the goods or digital content after the related service has been provided.
Amendment 495 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 153
Annex I – Article 153
Amendment 496 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 154
Annex I – Article 154
Amendment 497 #
Amendment 498 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 155 – paragraph 1 – introductory part
Annex I – Article 155 – paragraph 1 – introductory part
1. In the case of non-performance of an obligationfailure by the service provider, the customer has, with the adaptations set out in this Article, the same remedies as are provided for the buyer in Chapter 11, namelyo perform an obligation in accordance with the contract, the consumer has the following remedies:
Amendment 499 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 155 – paragraph 2
Annex I – Article 155 – paragraph 2
2. Without prejudice to paragraph 3, the custoonsumer's remedies are subject to a right of the service provider to cure whether or not the customer is a consumpursuant to Article [...] (cure by the seller).
Amendment 501 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 155 – paragraph 3
Annex I – Article 155 – paragraph 3
3. In the case of incorrect installation under a consumer sales contract as referred to in Article 101as referred to in Article [...] (faulty installation in the context of a customer sales contract), the consumer's remedies are not subject to a right of the service provider to cure.
Amendment 503 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 155 – paragraph 4
Annex I – Article 155 – paragraph 4
4. The customer, if a consumer, has the right to terminate the contract for any lack of conformity in the related service provided unless the lack of conformity is insignificant.
Amendment 504 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 155 – paragraph 5
Annex I – Article 155 – paragraph 5
Amendment 507 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 155 – paragraph 5 a (new)
Annex I – Article 155 – paragraph 5 a (new)
5a. Where a sales contract or a contract for the supply of digital content is terminated, any related service contract is also terminated.
Amendment 508 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 156
Annex I – Article 156
Amendment 509 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 157
Annex I – Article 157
Amendment 510 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 – title
Annex I – Article 158 – title
Custoonsumer's right to decline performance
Amendment 511 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 – paragraph 1
Annex I – Article 158 – paragraph 1
1. The custoonsumer may at any time give notice to the service provider that performance, or further performance of the related service is no longer required.
Amendment 512 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 – paragraph 2
Annex I – Article 158 – paragraph 2
Amendment 513 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 – paragraph 2 – point b
Annex I – Article 158 – paragraph 2 – point b
(b) the custoonsumer, if there is no ground for termination under any other provision, remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance.
Amendment 514 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 a (new)
Annex I – Article 158 a (new)
Article 158a Imperative nature of the Directive If the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by the national measures transposing this Directive. Any contractual terms which directly or indirectly waive or restrict the rights resulting from this Directive shall not be binding on the consumer.
Amendment 515 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 b (new)
Annex I – Article 158 b (new)
Article 158 b Enforcement 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. 2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied: (a) public bodies or their representatives; (b) consumer organisations having a legitimate interest in protecting consumers; (c) professional organisations having a legitimate interest in acting.
Amendment 516 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 c (new)
Annex I – Article 158 c (new)
Article 158c Penalties 1. Member States shall impose penalties for infringements of the national provisions adopted on the basis of this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall notify those provisions to the Commission by [...] and shall notify it without delay of any subsequent amendment affecting them.
Amendment 517 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 d (new)
Annex I – Article 158 d (new)
Amendment 518 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 158 e (new)
Annex I – Article 158 e (new)
Article 158e Implementation aspects 1. By [...] Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of these measures in the form of documents. For the purposes of the report referred to in Article [...] (Reporting by the Commission and review), the Commission shall make use of these documents. It shall apply these measures from [...]. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. The provisions of this Directive shall apply to consumer sales contracts concluded after [...].
Amendment 519 #
2011/0284(COD)
Proposal for a regulation
Annex I – Chapter 16 – section 1
Annex I – Chapter 16 – section 1
Chapter 16, section 1 deleted
Amendment 520 #
2011/0284(COD)
Proposal for a regulation
Annex I – Chapter 16 – section 2
Annex I – Chapter 16 – section 2
Chapter 16, section 2 deleted
Amendment 521 #
2011/0284(COD)
Proposal for a regulation
Annex I – Chapter 16 – section 3
Annex I – Chapter 16 – section 3
Chapter 16, section 3 deleted
Amendment 522 #
Amendment 523 #
Amendment 529 #
Amendment 530 #
2011/0284(COD)
Proposal for a regulation
Annex I – Appendix 2
Annex I – Appendix 2
Amendment 531 #
Amendment 92 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ensuring freedom of communication, the right to a fair trial and the other fundamental freedoms when implementing intellectual property rights;
Amendment 57 #
2011/0093(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In view of the current European Patent Convention and the importance of Article 53 thereof, which relates to exceptions to patentability, notably in the field of living things, a clause providing for the automatic inclusion of any future changes to EU law should be inserted into that Convention;
Amendment 73 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point k
Article 8 – point k
(k) the acts allowed pursuant to Article 10 of Directive 98/44/EC of the European Parliament and of the Council2(2), Article 4(1)(b) and Article 10 of Directive 98/44/EC.
Amendment 1996 #
2011/0011(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delayin 24 hours.
Amendment 1 #
2010/2311(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets that the opportunity was missed to explain how certain EU counter- terrorism instruments such as data retention, PNR and the Swift Agreement fit into the EU counter- terrorism strategy;
Amendment 2 #
2010/2311(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers the decision to deepen and develop the four main strands of the counter-terrorism strategy – prevent, protect, pursue and respond – to be a good one; wonders at the same time whether different kinds of terrorism such as organised terrorism and "lone wolves" would not need specific approaches;
Amendment 3 #
2010/2311(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is aware that all measures that lead to prosecution may at the same be preventive measures and is therefore concerned by the delay in implementing Framework Decision 2002/475/JHA and calls on the Commission to assess the implementation of Framework Decision 2008/919/JHA whose final date for transposition was 9 December 2010; considers it crucial that the Member States transpose and implement effectively counter-terrorism legisl. Emphasises nevertheless that preventive measures, in particular those that aim to prevent radicalisation and recruitment, need to go beyond this and promote dialogue and social inclusion, rather than stigmatization, adopted at Union levelnd may seek cooperation with social and civil society projects both within EU Member States and abroad;
Amendment 7 #
2010/2311(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that terrorism is a phenomenon that is constantly evolving and should be met by a counter-terrorism policy that can address this fact; welcomes in this respect the measures adopted recently in the field of aviation safety, both on checking cargo and on passenger screening systems. Calls on the Commission to ensure that the processing of passenger name records both within the EU and in third countries complies with EU data protection law and that the introduction of body scanners respects individual rights and do not cause any harm to health;
Amendment 9 #
2010/2311(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls Parliament’s important role in preventing and combating terrorism and related activities, such as the financing of terrorism; urges the Commission to introduce, as soon as possible,would welcome the introduction of administrative measures in respect of the freezing of assets to prevent and combat terrorism and related activities; urges the Commission to clarify the role of certain counter-terrorism instruments (data retention, PNR, EU-US TFTP Agreement);
Amendment 11 #
2010/2311(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to disclose where the cooperation with third countries does not comply with the acquis and why there is a need to go beyond;
Amendment 13 #
2010/2311(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission, the High Representative of the Union for Foreign Affairs and Security Policy and the Council to quickly implement arrangements for the solidarity clause introduced by the Lisbon Treaty;
Amendment 1 #
2010/2289(INI)
Draft opinion
Paragraph -1
Paragraph -1
-1. Welcomes with interest the communication of the Commission on the Single Market Act and the global approach which it proposes in order to rebalance the single market between enterprises and citizens and to improve the democracy and the transparency of the decision process. Stresses that this approach supposes to guarantee the best balance between the proposals of the three parts of the communication;
Amendment 2 #
2010/2289(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to ensure that ADR mechanisms should be available to both consumers and businesses when enforcing their rights, inter alia under a future optional instrument in European Contract Law;
Amendment 3 #
2010/2289(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 4 #
2010/2289(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to finally accept correlation tables concerning the implementation of legislation in order to make legislation deficits more transparent;
Amendment 5 #
2010/2289(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 6 #
2010/2289(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Takes the view that progress in the internal market should not be based on the lowest common denominator. Encourages the Commission, therefore, to take the lead and come forward with bold proposals; encourages the Member States to use the method of enhanced cooperation in areas where the process of reaching an agreement among 27 is not achievable; other countries would be free to join these spearhead initiatives at a later stage;
Amendment 7 #
2010/2289(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Proposes that the Commission assume full responsibility for ensuring the steering and financing of projects in strategic fields: energy, transport, digital area, social and taxes harmonisation, social economy and Services of General Economic Interest (SGEI);
Amendment 8 #
2010/2289(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Stress that the balance of the proposals requires a sectorial approach of the orientations proposed: energy, transport, technological innovation, legal security for the enterprises and workers etc… and consultations organized in each of these sectors;
Amendment 9 #
2010/2289(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Recalls that Article 14 of the TFEU calls on the European Parliament and the Council to set by means of a regulation the "principles and conditions for the SGEI to achieve its mission of public service”; therefore asks the Commission to take legal initiatives in this regard;
Amendment 10 #
2010/2289(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Notes the willingness of the Commission to more effectively support social dialogue and to improve the transparency of decisions and the democracy; stresses the need to support this willingness with concrete initiatives; asks for the development of the European works councils and to support the creation of joint committees in industrial sectors which are competent on economic restructuration investments;
Amendment 11 #
2010/2289(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
Amendment 12 #
2010/2289(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Believes that “the good governance” of the single market must respect and reinforce the role of the advisory institutions existing at European level, European Economic and Social Committee, Committee of the Regions, councils for sectorial dialogue and representatives of workers and consumers;
Amendment 13 #
2010/2289(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Takes the view that good governance should reduce legal uncertainty for all single market stakeholders; considers the rising number of Court of Justice rulings to be prejudicial to EU citizens’ trust in their representatives; regrets, in particular, the fact that key labour law issues are being settled by case law (see the Viking, Laval and Rüffert judgments);
Amendment 28 #
2010/2289(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that “the good governance” of the single market must respect and reinforce the role of the advisory institutions existing at the European level, European Economic and Social Committee, Committee of the Regions, councils for sectoral dialogue and representatives of workers and consumers;
Amendment 2 #
2010/2278(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it essential that the Single Market Act include an ambitious agenda for social and consumer protection in the form of the insertion of a social clause in all legislation related to the internal market, legislation on services of general economic interest, a legislative agenda to strengthen workers' rights, an ambitious legislative package for consumer protection that makes a difference to the daily lives of citizens and better tax coordination by means of harmonisation of the corporate tax base and VAT rates;
Amendment 5 #
2010/2278(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out the importance of the Services of general economic interest (SGEI) and the Social services of general economic interest (SSGI) for reconciling citizens and the local authorities with the single market and regrets the lack of clarity regarding the measures envisaged for Services of general interest (SGI); stresses further that local authorities are concerned about the legal insecurity in which their interventions in favour of the SGEI and SSGI for which they have the responsibility have to take place;
Amendment 6 #
2010/2278(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes proposal 29 and the willingness of the Commission to implement the Charter of the fundamental rights and the social clause (Art 9 of the TFEU); insists that these measures must be effective; asks that the social impact of any legislation should be analysed not only by the European Commission and that the opinions of the Parliament, other European institutions and social partners be requested;
Amendment 11 #
2010/2278(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1 a. Points out the importance of the services of general economic interest (SGEI) and the social services of general interest (SSGI) for reconciling citizens and the local authorities with the single market and regrets the lack of clarity regarding the measures envisaged for services of general interest (SGI); stresses, further, that local authorities are concerned about the legal insecurity in which their interventions in favour of the SGEI and SSGI for which they have the responsibility have to take place;
Amendment 12 #
2010/2278(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1 b. Recalls that Article 14 of the Treaty on the Functioning of the European Union calls on the European Parliament and the Council to set by means of a regulation the principles and conditions for the services of general economic interest (SGEI) to achieve its mission of public service; therefore asks the Commission to take initiatives in this regard;
Amendment 32 #
2010/2278(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 a. Welcomes proposal 29 and the willingness of the Commission to implement the Charter of the fundamental rights and the social clause (Article 9 of the Treaty on the Functioning of the European Unino); insists that these measures must be effective; asks that the social impact of any legislation should be analyzed not only by the Commission but that the opinions of the Parliament, other European institutions and social partners should also be requested;
Amendment 44 #
2010/2278(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 a. Welcomes proposals 32 and 35 relating to the recognition of the qualifications and the validation of the experience gained; asks that this be integrated into the European qualifications Framework and to be taken into account in the collective agreements of sectors and/or enterprises according to procedures of each Member State;
Amendment 59 #
2010/2278(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 a. Notes the willingness of the Commission to more effectively support social dialogue and to improve the transparency of decisions and the democracy; stresses the need to support this willingness with concrete initiatives; calls for the development of the European works councils and support for the creation of joint committees in industrial sectors which are equipped to deal with matters relating to economic restructuration investments;
Amendment 3 #
2010/2277(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the calls in the Mario Monti report and in the European Parliament's resolution of 20 May 2010 on delivering a single market to consumers and citizens (Louis Grech report), for a more holistic approach to the internal market, in terms of both strategy and perception, with a view to making it more effective and restoring public confidence; underlines the importance of the “Single Market Act” initiative of legislative and non-legislative proposals to strengthen and update the internal market, complete the Digital internal market and address and break down remaining barriers;
Amendment 5 #
2010/2277(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Agrees with the list of measures identified by the Commission to promote and protect creativity, and calls on the Commission not to delay any further the presentation of the proposals for legislative and non-legislative measures in this area, in particular the framework directive on collective management of copyright and orphan works; regrets however that reform on collective rights management remains unknown to a majority of artists and calls on European Commission to engage into further promotion of the reform; takes the view that the Commission revision of the EU trademark legislation should be included on that list;
Amendment 7 #
2010/2277(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that another reason for slow development of digital single market is due to the fact that distribution for copyright protected works remains uncompetitive, which constitutes an additional burden for new market entrants who wish to provide access to such works online;
Amendment 8 #
2010/2277(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Shares the concerns expressed by European consumer organisations as to obstacles which consumers face while accessing legal online platforms offering copyright protected work; points out that a number of innovative services which successfully operate outside Europe have not decided to establish themselves in the EU; urges the European Commission to quickly address the aspect of "access to content online" its Communication "Digital Agenda for Europe";
Amendment 9 #
2010/2277(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. While acknowledging that IPR enforcement is an important aspect of development of digital single market, does not share the Commission's certitude, expressed in the report on the application of Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights as to the need of amending EU legal framework with respect to sanctions for non commercial file-sharing; points out that measures involving Internet intermediaries in filtering online content are doubtful from a practical point of view and raise concerns regarding the respect of privacy;
Amendment 10 #
2010/2277(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the simplification of SMEs accounting reporting obligations and administrative burdens, including the simplification of the heavy regular controls of overcompensation and specific accounting reports for SMEs entrusted with operations of local and social services of general economic interest with very low impact on community trades;
Amendment 11 #
2010/2277(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recognises that within the European Union the construction of the internal market without some tax harmonisation, notably regarding corporate taxes and a definition of the components of social protection, have led to some extent to excessive competition between Member States seeking to attract taxpayers from other Member States; notes, nevertheless, that one of the great advantages of the internal market has been the removal of barriers to mobility and the harmonization of institutional regulations, fostering cultural understanding, integration, economic growth and European solidarity;
Amendment 12 #
2010/2277(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes with interest the Communication of the Commission on the Single Market Act and the global approach which it proposes in order to rebalance the single market between enterprises and citizens and to improve the democracy and the transparency of the decision process; stresses that this approach is intended to guarantee the best balance between the proposals of the three parts of the Communication;
Amendment 14 #
2010/2277(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Warns against the notion that the European economy can somehow develop and grow without free and fair trade with as many other countries in the world as possible, including our leading trade partner today, the US, and emerging economies like China, India and Brazil; considers that the European Union should also rely on its own strengths by making better use of its internal market, especially since the bulk of its growth is also linked to domestic demand;
Amendment 15 #
2010/2277(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Invites the Commission to show the added value of a legal framework for services concessions in terms of transparency, effective judicial protection for bidders, legal certainty and economic activity;
Amendment 16 #
2010/2277(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that the balance of the proposals requires a sectorial approach of the orientations proposed: energy, transport, technological innovation, legal security for the enterprises and workers etc. and consultations organized in each of these sectors;
Amendment 16 #
2010/2277(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Points out that a renewed Single market should take into account the specific needs of people with disabilities and use their potential in contributing to the economic growth of the EU; calls European Commission to take further actions in order to facilitate their access to market both as employees and consumers.
Amendment 3 #
2010/2157(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the ageing of European society covers substantial regional inequalities; notes that, as national data on demographic changes mask differing local realities, it is sometimes hard to identify needs for infrastructure and financial transfers from central government; calls on the Commission to help improve the quality and reliability of data and statistics on demographic trends;
Amendment 11 #
2010/2157(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that indicators of demographic change, and most importantly the old-age dependency ratio, should supplement GDP – currently the best available yardstick –among many other important indicators listed in the EMPL opinion on the 'GDP and beyond – measuring progress in a changing world (2010/2088(INI)' report, should supplement GDP as criteria for the allocation of funds under the future cohesion policy of the EU, in order to respond to these challenges of Europe more effectively;
Amendment 12 #
2010/2157(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the impact of demographic change on individual regions is serious and requires different adjustment strategies depending on whether the region concerned is a region of migration or of shrinking population; notes that quality of life is defined differently in regions of shrinking population, which are mostly rural regions, from the way in which it is defined in regions with a growing population, and therefore considers that different support strategies are needed;
Amendment 13 #
2010/2157(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the European Social Fund should be considered as an essential resource to support training opportunities to increase employment, career- reorientation and social inclusion of women, young people and senior citizens; calls for using ESF's full potential in this matter
Amendment 40 #
2010/2157(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 41 #
2010/2157(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recommends, therefore, combined public-private investment in the childcare sector and the pre-school education system;
Amendment 42 #
2010/2157(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that adequate access to services for the care of children, the elderly, people with disabilities and other dependants are essential in order to enable full and equal participation of men and women in the labour market, which will have an impact on the level of informal care available;
Amendment 43 #
2010/2157(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Stresses the importance of active intervention by public authorities, in particular through the provision of social services of general interest (SSGIs), to help families and young children and also to provide facilities and care for elderly people and all dependants; considers that access to these services is a fundamental right; calls on the Commission to guarantee the legal security of SSGIs in Community law guaranteeing universal access and the solidarity principle;
Amendment 44 #
2010/2157(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that in declining regions, the voluntary sector and social networks make a significant contribution to meeting the needs of local people but cannot replace the essential role played by the public authorities in providing services of general interest in the regions; considers that this active citizenship must be recognised and the bodies involved supported as regional policy partners; stresses that this sets in motion learning processes that enable a region to meet the challenges of demographic change;
Amendment 3 #
2010/2156(INI)
Draft opinion
Recital B
Recital B
B. whereas the technological advances in information and communication technology in no way alter the fundamental need to protect intellectual property rights, but do call for substantial changes in the legal framework protecting these rights so thata renewal of cultural industries so that creators take full advantage can be taken of the new possibilities offered, whilst guaranteeing a well-balanced system of rights protection which takes account of the interests of both creators and consumers,
Amendment 8 #
2010/2156(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the need for effective enforcement of intellectual property rights in both the offline and online environments and stresses, in that connection, that existing measures, as well as any new measures proposed, should be carefully evaluated in order to ensurguarantee their effectiveness and assess their implications for theiciency, proportionality and impact on fundamental rights of citizens;
Amendment 11 #
2010/2156(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that the scale of unauthorised use of copyright protected material reported by the content industry strongly suggests that the current legal framework suffers from problems of legitimacy in the eyes of the consumer. It is therefore crucial that the roots of this problem be identified and eliminated, rather than exacerbated through repressive measures.
Amendment 13 #
2010/2156(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the issue of the fragmented nature of European copyright law has been well known for years and, in that connection, calls on the Commission to present, as soon as possible, concrete legislative proposals on how to tackle the issue of territoriality in order to dismantle existing obstacles to the development of the internal market, in particular in the online environment, while respecting consumers demand and cultural diversity;
Amendment 20 #
2010/2156(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that a short-term measure to deal with certain obstacles created by territoriality should include a reassessment of the optional nature of the exceptions and limitations introduced by Directive 2001/29/EC and that a review of that directive, as required by its provisions, is now long overdue, particularly in order to ensure that innovative European companies are not disadvantaged compared counterparts in other jurisdictions, such as in the United States where companies that can benefit from a harmonized and system of “fair use” copyright exceptions which do not interfere with the normal exploitation of the work or other subject matter by the rightholder;
Amendment 14 #
2010/2027(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, according to the Commission’s estimates, demographic changes could profoundly change population structure and the age pyramid; whereas, for example, the number of young people aged 0 to 14 would drop from 100 million (1975 index) to 66 million in 2050, the working population would peak at 331 million in about 2010 and thereafter decrease steadily (to about 268 million in 2050), while, with life expectancy rising by 6 years for men and 5 years for women between 2004 and 2050, the number of people over 80 would rise from 4.1% in 2005 to 11.4% in 2050,
Amendment 63 #
2010/2027(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that demographic change faces the European Union with the challenge of managing human resources, which calls for a proactive policy aiming at full employment;
Amendment 90 #
2010/2027(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that career and training security should be fully guaranteed; everyone should be able to have a full and uninterrupted working life, entitling them to a full-rate pension;
Amendment 92 #
2010/2027(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that lifelong learning must be a central aim in all education-related measures and that it is something for which all generations carry, the public authorities and businesses bear a responsibility;
Amendment 96 #
2010/2027(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is convinced that optimal management of human resources in the form of initial and lifelong training is the responsibility of economic stakeholders, including occupational groups, who must anticipate their employment and training needs;
Amendment 97 #
2010/2027(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls that, in order to be of the greatest possible benefit to employees, lifelong learning must be attested by diplomas and certificates; recalls the need to make the practice of validating prior achievements the norm;
Amendment 122 #
2010/2027(INI)
Motion for a resolution
Paragraph 17 – point i
Paragraph 17 – point i
i) increasing the proportion of the workforce, of both sexes, aged over 50 in paid employment to 55%achieving full employment among the population aged over 50 up to the legal retirement age,
Amendment 133 #
2010/2027(INI)
Motion for a resolution
Paragraph 17 – point iv
Paragraph 17 – point iv
Amendment 148 #
2010/2027(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Suggests to the social partners, employers and the Member States that they guarantee workers aged over 50 the possibility of being promoted until the end of their careers;
Amendment 152 #
2010/2027(INI)
Motion for a resolution
Subheading 8
Subheading 8
‘Work without frontiersGuaranteeing a decent pension’ initiative
Amendment 158 #
2010/2027(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is convinced that it must be up to the workers concerned to decide for how long they wish to remain in work beyond national retirement agthe right to retire is a right that any employee is entitled to claim after the legal retirement age set by each Member State, in consultation with the social partners, in accordance with national practices;
Amendment 161 #
2010/2027(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the vast disparity between men and women in terms of the average level of their pensions, which is explained by the fact that women interrupt their careers to care for children and elderly relatives; calls on the Member States to take measures to ensure that interruptions of work in the form of maternity or parental leave are no longer penalised in calculating pension rights; encourages the Member States to envisage pension bonuses based on the number of children raised and to recognise the role played by carers of all kinds in society;
Amendment 167 #
2010/2027(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to conduct a review of activities related to healthy ageing and to present an action plan in 2011 for enhancing older people’s dignity, health and quality of lifeand the Member States to conduct by 2012, in conjunction with the social partners, a review of the nature of the physical demands associated with work in all trades and professions, and to set upper retirement ages for each of them in the light of the outcomes;
Amendment 172 #
2010/2027(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Council and the Member States to take rapid measures to guarantee decent pensions for all, which must not in any circumstances lie below the poverty level;
Amendment 237 #
2010/2027(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the Member States to assist regions of net emigration by guaranteeing a high level of SGIs (e.g. education including pre-school and child care, welfare and health services, postal services) and accessibility (e.g. of public transport, transport infrastructures and telecommunications networks) and to safeguard economic participation and skills (e.g. through training including methods of lifelong learning and use of and investment in new technologies); calls for the practical framework for fulfilment of these tasks to be adapted to local needs and local actors and to improve their adaptability; draws particular attention to the situation of islands, border areas, mountainous regions and other areas remote from centres of population;
Amendment 48 #
2010/0067(CNS)
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
1b. For the purposes of this regulation, ‘divorce’ shall mean breach of the contract joining the two persons under law.
Amendment 80 #
2010/0064(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web and to ensure that investigation and prosecution of such crimes is prioritized. Action is therefore necessary to remove the content at source and apprehend those guilty of making, distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted inand prosecution by their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible andd country authorities of websites containing child pornography, which are hosted in their territory. Cooperation between public authorities should be established and strengthened, particularly in the interest of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Only in the case of difficulties in cooperation with third countries on removal and prosecution, member states may take up legal measures for restricting access to internet pages containing or disseminating child abuse images. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 314 #
2010/0064(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 320 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Iremoval at source of internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itabuse images.
Amendment 337 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of iIn addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child pornography. abuse images.
Amendment 341 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.
Amendment 11 #
2009/2222(INI)
Motion for a resolution
Citation 29 d (new)
Citation 29 d (new)
- having regard to the Written declaration 84/2010 on the establishment of European Statutes for Mutual societies, Associations and foundations,
Amendment 27 #
2009/2222(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that SSGI and their users have a number of special characteristics in addition to the common characteristics of SGI. SSGI encompass, in addition to health services, both two main categories: statutory and complementary universally availablesocial security schemes, organised in various ways, covering the main risks of life, such as those linked to health, ageing, occupational accidents, unemployment, retirement, dependency and disability; and other essential services, provided directly to the person, thatsuch as health or social housing. These services play a preventative and, social cohesion and inclusion role and make tangible fundamental social rightsrights. Under EU law as it currently stands, some statutory social security schemes are non economic SSGI, whereas others are SSGEI;
Amendment 34 #
2009/2222(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the general interest nature of a social service does not depend on its field but on the way it is provided, through a variety of evidences such as non profit status or non selection of beneficiaries;
Amendment 59 #
2009/2222(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the facts that SSGI make a major economic contribution in terms of jobs, economic activity and purchasing power – the Commission'’s second Bbiennial Report indicating that the health and social services sector accounts for 5% of economic output and employs 21.4 million people – and that SMEs in particular are reliantmany SMEs are providers onf high quality SSGI;
Amendment 70 #
2009/2222(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the primary purpose of SSGI is to achieve social policy objectives and make tangible the social rights of individuals and groups and that SSGI are often an integral part of social security systems the way European societies are organised; points out that Eurofound Quality of Life Surveys23 have verified that one of the most important ways of enhancing citizens'’ quality of life, ensuring full inclusion in society and providing for social and territorial cohesion is through the provision and development of SGI including SSGI;
Amendment 104 #
2009/2222(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that SSGI which have played the prominent role of a socio- economic automatic stabiliser during the economic and banking crises – notably social via security systems –, are an indispensable investment for Europe'’s future, and are under severe pressure due to the economic and banking crises and government austerity programmes, which are resulting in even greater demand for them;
Amendment 147 #
2009/2222(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the fact that Member States and local authorities must be free to decide how SSGI are funded and delivered, whether directly or otherwise; that SSGI providers themselves need to have a capacity for initiative that can enable them to anticipate public decisions, using all available instruments so as to ensure that the Union'’s social objectives are not weakened by single market rules, while at the same time supporting an environment that promotes quality, accessibility and efficiency in the delivery of the services;
Amendment 158 #
2009/2222(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for EU legislation to enable mutual societies, associations and foundations to operate on a transnational basis thanks to the appropriate European statutes;
Amendment 166 #
2009/2222(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for a clarification of several notions such as act of entrustment or public authorities;
Amendment 167 #
2009/2222(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that during the transposition of the services directive, several Member States narrowly translated into their domestic legislation the list of social services excluded from the scope of the directive, without taking into account the potential effects on the general interest nature of these services;
Amendment 183 #
2009/2222(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for reform of the criteria for classifying economic and non-economic SSGI in the framework of current EU legislation, in order to see if SSGI currently considered as economic could not be considered as non economic in the future;
Amendment 228 #
2009/2222(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a programme of reform, to include legislative adaptation and clarification at European level, to support the specific characteristics of SSGI, notably in relation with the principles contained in the Charter of Fundamental Rights of the European Union;
Amendment 267 #
2009/2222(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Invites the European Commission to clarify the link between the quality framework outlined in the Promotheus programme and the VQF to avoid any duplication;
Amendment 3 #
2009/2178(INI)
Motion for a resolution
Citation (new)
Citation (new)
– having regard to its resolution of 10 April 2008 on cultural industries in Europe,
Amendment 4 #
2009/2178(INI)
Motion for a resolution
Citation (new)
Citation (new)
– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms and having regard to the legally binding character of the Charter of Fundamental Rights,
Amendment 5 #
2009/2178(INI)
Motion for a resolution
Citation (new)
Citation (new)
– having regard to the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 25 June 2008 on the Small Business Act for Europe establishing the ‘Think Small First’ principle for an ambitious policy agenda for SMEs,
Amendment 7 #
2009/2178(INI)
Motion for a resolution
Recital A
Recital A
A. whereas violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents,commercial goods counterfeiting constitutes a genuine threat not only to consumer health and safety but also to our economies and societies,
Amendment 8 #
2009/2178(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas scientific and technical innovation, patents and the cultural industries make a decisive contribution to the competitiveness of the European economy, both through the number and diversity of the job openings they provide and through the wealth created; whereas the cultural economy, from creation through to distribution, must be supported,
Amendment 10 #
2009/2178(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,
Amendment 11 #
2009/2178(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas within the current information and digital technology society new forms of production, distribution and consumption are emerging, which are generating new products and services that call for new commercial models able to provide product accessibility and diversity while guaranteeing appropriate remuneration for authors and others who take part in their creation,
Amendment 12 #
2009/2178(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas, on the other hand, the word ‘piracy’ does not relate to any recent legal reality, particularly in the cultural area, and whereas it cannot be used alone to designate an offence which has not been legally defined,
Amendment 14 #
2009/2178(INI)
Motion for a resolution
Recital C
Recital C
C. whereas data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and therefore do not provide a basis for any additional criminal legislative initiatives,
Amendment 15 #
2009/2178(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the violation of IPR is a problem across the board which affects all sectors of industry and particularly the creative and innovative industries, and sport,
Amendment 17 #
2009/2178(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the phenomenon of on-line piracy has assumed very alarming proportions, particularly for the creative content industries, and whereas the existing legal framework has proven incapable of effectively protecting rights- holders on the Internet andre are no reliable and independent data as to the impact of on- line IPR infringements, and whereas the existing legal framework needs to be clarified to ensure the balance between all the interests at stake, including those of consumers,
Amendment 20 #
2009/2178(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,
Amendment 26 #
2009/2178(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting and piracy of physical goods, but whereas lacunae persist with regard to the trade of counterfeit goods over the Internet piracy,
Amendment 29 #
2009/2178(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the measures provided for by Directive 2004/48/EC on the enforcement of intellectual property rights on the internal market have not yet been assessed, from the point of view of the protection of rights or from the point of view of its effects on consumers’ rights,
Amendment 30 #
2009/2178(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
Amendment 32 #
2009/2178(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting and piracy,
Amendment 33 #
2009/2178(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the co-decision role of the European Parliament in commercial matters and its access to negotiation documents is guaranteed by the Lisbon Treaty,
Amendment 39 #
2009/2178(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication of 11 September 2009 from the Commission concerning additional non-legislative measures; regrets however that the communication does not deal with the completionwelcomes the progress made in the EU in harmonising the fight against counterfeiting; encourages the Commission to step up its efforts in areas that are sensitive in terms of the legislative frameworkalth and safety, including that of medicines;
Amendment 41 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Views as regrettable the fact that the Commission links the terms ‘piracy’ and ‘counterfeiting’ in its communication, thereby creating a legal grey area with regard to the offence being referred to;
Amendment 43 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;
Amendment 44 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 45 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls that an exception to IPRs exists in the cultural area: the ‘private copy’; calls on the Commission to retain this exception and to adapt it to new technological progress and the internet; stresses the potential usefulness of authorising sharing between individuals of copies for non-commercial use and linking them to new mutualised forms of funding for creative endeavour;
Amendment 46 #
2009/2178(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to urgently presentpropose a comprehensive IPR strategy addressing all aspects of IPRs, including their enforceon IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as to technical developments;
Amendment 49 #
2009/2178(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that any measures taken to enforce IPR must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 10, Article 8, and Article 6, and be necessary, proportionate, and appropriate within a democratic society;
Amendment 52 #
2009/2178(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that the Commission should take into account the specific problems encountered by SMEs when it comes to reinforcing the intellectual property rights corresponding to the principle of ‘Think Small First’ established by the Small Business Act for Europe, inter alia by applying the principle of non-discrimination for SMEs;
Amendment 54 #
2009/2178(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. DoTakes not sharee of the Commission's certitudeview that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary forcontributes to the proper functioning of the internal market and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;
Amendment 57 #
2009/2178(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments; calls for that report also to include an assessment of the ways to strengthen and upgrade the legal framework with respect to the Internetimpact of the directive on the digital market of creative content and consumers’ rights;
Amendment 59 #
2009/2178(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Does not sShares the Commission view that the principal body of laws with respect to IPR enforcement is already in place; points out in this respect that negotiations on the directive on criminal sanctions have not been successfully concluded and calls on the Commission to put forward a new proposal on criminal sanctions under the Treaty of Lisbon for serious infringements committed by organized crime entities;
Amendment 60 #
2009/2178(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
Amendment 61 #
2009/2178(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system and will harmonise certain aspects of European Copyright Law;
Amendment 64 #
2009/2178(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Proposes to change the name of the Observatory to avoid the mention of ‘piracy’, which is often a source of confusion and is a very controversial notion;
Amendment 66 #
2009/2178(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses the need to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, such as Europol, forums for cooperation between customs authorities, and statistics-gathering bodies within the EU, in order to avoid duplication of effort;
Amendment 67 #
2009/2178(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomUrges the establishment of the Observatory as a tool for centralCommission to produce a report on how best to use Europol and exisation of statistics and data which will serve as a basis for proposals to be implementedng structures for cooperation between customs authorities to combat effectively the phenomenaon of counterfeiting and piracy, including on- line piracy;
Amendment 68 #
2009/2178(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;
Amendment 69 #
2009/2178(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Wishes the Observatory to become a tool for collecting and exchanging data and information on all forms of all IPR infringements; its prime objective should be to compile scientific research regarding counterfeiting and IPR regulation;
Amendment 72 #
2009/2178(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to inform Parliament and the Council fully and comprehensively about the results of the Observatory's activities through annual reports in which the Commission draws conclusions and proposes solutions necessary to enhance the enforcement of IPRsimprove IPR law;
Amendment 75 #
2009/2178(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to organise a campaign to raise awareness at European, national and local level of the risks to consumer health and safety arising from counterfeit products and also the adverse impact of counterfeiting and piracy on the economy and society;
Amendment 80 #
2009/2178(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on all parties concerned, including Internet service providers, on- line sales platforms, rights-holders and consumers' organisatiothe Member States to conduct awareness campaigns, with regard to piracy and the sale of counterfeit products on line, to establish a dialogue on practical measures to be adopted to alert people, such as brief, visible and relevant warning messageswhere applicable and appropriate by way of the public interest information mechanism provided for in the Citizens’ Rights Directive;
Amendment 82 #
2009/2178(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 84 #
2009/2178(INI)
Motion for a resolution
Title after paragraph 15
Title after paragraph 15
Amendment 87 #
2009/2178(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Agrees with the Commission that additionalCautions against non-legislative measures are useful to improvegarding the application of IPR, particularly measures arising from as they may lead to the circumvention of legal safeguards, including those concernin-g depth dialogue among stakeholdersata protection and privacy;
Amendment 89 #
2009/2178(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 92 #
2009/2178(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;
Amendment 94 #
2009/2178(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon, but recognises that this is not sufficient: piracy is today the biggest obstacle to the development of legal online offers and the EU runs the risk of condemning to failure efforts to develop the legitimate online market if it does not recognise that fact and make urgent proposals to address iwill ensure the development of a dynamic market for online creative content;
Amendment 99 #
2009/2178(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that all parties concerned, includingUrges the Commission to rethink the critical issue of intellectual property and to invite all those active in the sector, including in particular telecom operators and Internet service providers, musto join in the dialogue with stakeholders in order to find the appropriate solutions in the course of 2010; calls on the Commission, failing this, to submit a legislative proposal or to amend existing legislation, particularly Directive 2004/48/EC, so as to upgrade the Community legal framework in this field on the basis of national experiencesforces and seek solutions that are equitable for large and small stakeholders as much as for consumers, that guarantee fair, effective remuneration to all categories of rights holders, real choice for consumers, cultural diversity and respect for fundamental rights, including the right to data protection and privacy;
Amendment 101 #
2009/2178(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks the Commission to recognize the non-commercial file sharing associated with alternative reward systems, including the creation of a new exception or limitation to the making available and reproduction rights;
Amendment 104 #
2009/2178(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences where there is substantial demand from consumers, as well as an effective and transparent system for rights management, as this is a requirement for thewhich would complement the existing growth in services which are legal and which meet consumer demand for ubiquitous, instant and customised access to content;
Amendment 107 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to review the issue of cross-border management of rights and change the current situation of legal uncertainty created by Commission Recommendation 2005/737/EC of 18 October 2005 on collective cross-border management of copyrights, taking into account the fact that copyright is inherently territorial for cultural, traditional and linguistic reasons and ensuring a pan-European licensing system providing consumers with access to the widest possible choice of content and not at the expense of European local repertoire;
Amendment 108 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Invites the Commission to adopt an open-ended approach to the proposals that have emerged regarding the recognition of online file sharing by producing comprehensive data regarding the economic aspects of mutualised funding schemes for creation based on non-market exchanges of digital content (such as the ‘creative contribution’ or ‘Kulturflatrate’);
Amendment 109 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need to ensure that any legislative measure should not restrict in any way the fundamental rights to data protection and privacy as recognised in EU law;
Amendment 112 #
2009/2178(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports steps taken by the Commission with a view to identifying the best ways to further improve the EU Customs Regulation which allows the detention of goods suspected of infringing IPRs and is, as such, one of the pillars of the Union legal framework designed to enforce IPRs, and calls on the Commission and Member States to ensure that the detention of goods whose illegality is not proven should be as short as possible to avoid illegitimately blocking international transfers of such goods when an overriding general interest, such as public health, is at stake in countries of destination;
Amendment 114 #
2009/2178(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to pursue innovative and upgraded cooperation between administrative departments and the various sectors of industry concerned, without prejudice to the traditional and legal distinction between the roles and competences of the law enforcement and judicial authorities and of the industry;
Amendment 116 #
2009/2178(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and continue its effortspromote a balanced approach in the context of the negotiations on intellectual property under the auspices of the World Trade Organisation concerning intellectual property, particularly in the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
Amendment 119 #
2009/2178(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to continue its efforts to furtherfully inform Parliament on the progress and outcome of the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) to improve the effectiveness of the IPR enforcement system against counterfeiting and to fully inform Parliament on the progress and outcome of the negotiationsand to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;
Amendment 120 #
2009/2178(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;
Amendment 121 #
2009/2178(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
Amendment 122 #
2009/2178(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting and piracy; points out in this context the need for appropriate EU legislation on criminal sanctions and supports close strategic and operational cooperation between all the interested parties within the EU, in particular Europol, national authorities and the private sector, as well as with non-EU states and international organisations;
Amendment 1 #
2009/2158(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to introduce a legislative proposals on the digitisation, preservation and dissemination of orphan works which would put an end to the current legal uncertainty, in accordance with the requirements for diligent search in the country of publication for, and remuneration of, rights-holders;
Amendment 3 #
2009/2158(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to consider ways of encouraging cultural institutions, once they have drafted a digitisation plan, to conclude agreements with rights-holders to make works accessible on a multi-territorial basiy basis and to foster the development of a competitive environment with the participation of online booksellers, thus helping to spread Europe'’s cultural heritage throughout the continent;
Amendment 4 #
2009/2158(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need for legal clarity in order to guarantee that no new copyrights emerge from the document digitisation process;
Amendment 5 #
2009/2158(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses the importance of equal access to the common European cultural heritage and therefore asks the Member States to remove intra-EU barriers to access to some parts of Europeana content;
Amendment 8 #
2009/2140(INI)
Motion for a resolution
Recital L
Recital L
L. whereas, as regards rights of the personality, the media complain that the internet, in particular, and the readiness of the courts in certain Member States to accept jurisdiction, creates problems for the media because of the ruling in Shevill;current rules on jurisdiction and applicable law, which give claimants much scope for "forum shopping" and "law shopping", have a chilling effect on freedom of expression and may jeopardise the cross-border distribution of the media, particularly via the Internet, whereas this problem will be considered specifically in a legislative initiative on the Rome II Regulation;, whereas, nevertheless, some guidance may be given to national courts in the amended regulation,
Amendment 22 #
2009/2140(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that authentic instruments should not be directly enforceable without the possibility of review by the judicial authorities in the State in which enforcement is sought; takes the view that the special review procedure to be introduced should not be limited to cases whe when they have been declared enforcement of the instrument is manifestly contrary to public policy in the State addressed since it is possible to conceive of circumstances in which an authentic act could be irreconcilable with an earlier judgment and the validity (as opposed to the authenticity) of an authentic act can be challenged in the courts of the State of origin on grounds of mistake, misrepresentation, etc. even durable in the State of origin; nevertheless, the parties concerned should keep the possibility of opposing their enforceability before the judicial bodies of the country of destination only where enforcement of the instrument is manifestly contrary to public order ing the course of enforcementState addressed;
Amendment 48 #
2009/2140(INI)
Motion for a resolution
Paragraphe 20
Paragraphe 20
20. EndorStresses the rule inneed of an evolution of Shevill; considers, however, that, in order to mitigate the alleged tendency of courts in certain jurisdictions to accept territorial jurisdiction where there is only a weak connection with the country in which the action is brought, a recital should be added to clarify that, in principle, the courts of that country should accept jurisdiction only where there is a sufficient, substantial or significant link with that country; considers that this would be sufficiently protective of freedom of expression, the right to a private life and the right to one's good reputation;
Amendment 31 #
2009/0144(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Member States have a core responsibility in preserving financial stability in crisis managementsituations, in particular with regard to stabilising and resolving individual ailing financial market participantinstitutions. Measures by the Authority in emergency or settlement situations affecting the stability of a financial market participantinstitution should not impinge on the fiscal responsibilities of Member States. A mechanism should be established whereby Member States may invoke this safeguard and ultimately bring the matter before the Council for decision. It is appropriate to confer on the Council a role in this matter given the particularrequest that the decision of the Authority be respconsibilities of the Member States in this respectdered.
Amendment 43 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any wadirectly on the fiscal responsibilities of Member States.
Amendment 44 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and, the Commission within one monthand the Council within three working days after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
Amendment 45 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 3
Article 23 – paragraph 2 – subparagraph 3
Amendment 46 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 4
Article 23 – paragraph 2 – subparagraph 4
Within a period of one monthweek from the notification by the Member State, the Authority shall inform the Member State as to whether it maintains its decision or whether it amends or revokes it.
Amendment 47 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20538 of the Treaty on the Functioning of the European Union, shall, within twoone months, decide whether the Authority's decision is maintained or revoked.
Amendment 48 #
2009/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within twoone months, the suspension of that decision shall be immediately terminaimplemented.
Amendment 34 #
2009/0143(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Member States have a core responsibility in preserving financial stability in crisis managementsituations, in particular with regard to stabilising and resolving individual ailing financial institutions. Measures by the Authority in emergency or settlement situations affecting the stability of a financial institution should not impinge on the fiscal responsibilities of Member States. A mechanism should be established whereby Member States may invoke this safeguard and ultimately bring the matter before the Council for a decision. It is appropriate to confer on the Council a role in this matter given the particular responsibilities of the Member States in this respectrequest that the decision of the Authority be reconsidered.
Amendment 39 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any wadirectly on the fiscal responsibilities of Member States.
Amendment 40 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and, the Commission within one monthand the Council within three working days after notification of the Authority's decision to the national supervisory authority that the decision will not be implemented by the national supervisorycompetent authority.
Amendment 41 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 3
Article 23 – paragraph 2 – subparagraph 3
Amendment 42 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 4
Article 23 – paragraph 2 – subparagraph 4
Within a period of one monthweek from the notification by the Member State, the Authority shall inform the Member State as to whether it maintains its decision or whether it amends or revokes it.
Amendment 43 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20538 of the Treaty on the Functioning of the European Union, shall, within twoone months, decide whether the Authority's decision is maintained or revoked.
Amendment 44 #
2009/0143(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within twoone months, the suspension of that decision shall be immediately terminaimplemented.
Amendment 17 #
2009/0142(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Member States have a core responsibility in preserving financial stability in crisis managementsituations, in particular with regard to stabilising and resolving individual ailing financial institutions. Measures by the Authority in emergency or settlement situations affecting the stability of a financial institution should not impinge on the fiscal responsibilities of Member States. A mechanism should be established whereby Member States may invoke this safeguard and ultimately bring the matter before the Council for a decision. It is appropriate to confer on the Council a role in this matter given the particular responsibilities of the Member States in this respectrequest that the decision of the Authority be reconsidered.
Amendment 30 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any wadirectly on the fiscal responsibilities of Member States.
Amendment 32 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority and, the Commission within one monthand the Council within three working days after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
Amendment 34 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 3
Article 23 – paragraph 2 – subparagraph 3
Amendment 35 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 4
Article 23 – paragraph 2 – subparagraph 4
Within a period of one monthweek from the notification by the Member State, the Authority shall inform the Member State as to whether it maintains its decision or whether it amends or revokes it.
Amendment 36 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5
Article 23 – paragraph 2 – subparagraph 5
Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within twoone months, decide whether the Authority's decision is maintained or revoked.
Amendment 37 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6
Article 23 – paragraph 2 – subparagraph 6
Where the Council decides to maintain the Authority's decision, or where it does not take a decision within twoone months, the suspension of that decision ishall be immediately terminaimplemented.
Amendment 3 #
2009/0035(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
The European Parliament rejects the Commission proposal.
Amendment 49 #
2008/2250(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports the fact that the components of the social economy should be recognised in the European sectoral and inter-sectoral social dialogue and insists that the process for including social economy actors in social consultations and the civil dialogue should be encouraged;;
Amendment 85 #
2008/2250(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to aim for conditions which will facilitate investments in the social economy, in particular through investment funds, the grating of guaranteed loans and in the form of subsidies;
Amendment 29 #
2008/2098(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that, while the Commission’s Action Plan covers the main issues related to mobility, much more action still needs to be taken, notably regarding creating stronger links between education systems and the labour market, as also on aspects such as preparation for mobility via the teaching of foreign languages, not least as part of vocational training and in learning systems of every kind;
Amendment 33 #
2008/2098(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. With a view to creating stronger links between training and the labour market, urges the Commission and the Member States to bring this matter before the sectoral consultation committees; considers that industry and trades could provide regular information about the occupational fields most open to mobility;
Amendment 38 #
2008/2098(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is convinced that guaranteed labour mobility is a means of consolidating the Lisbon strategy’s economic and social dimensions, achieving the objectives of the social agenda, and tackling a range of challenges including globalisation, industrial change, technological progress, population trends, and migrations and alterations in the social and employment model;
Amendment 66 #
2008/2098(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and the Member States to ensure that employers’ and trade representatives become involved as quickly as possible in implementing the EQF and hence that the system for the recognition of qualifications can take effect on the labour market;
Amendment 67 #
2008/2098(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
Amendment 103 #
2008/2098(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Wonders about the meaning of the concept of equitable mobility proposed by the Commission; hopes that the substance of this concept will be spelt out in such a way as to enable it to be equated with a maximum guarantee regarding the terms of employment of workers practising mobility;
Amendment 4 #
2008/2004(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas economic development is based on three sectors of equal importance for the purposes of growth: agriculture, industry and the tertiary (services) sector; to ensure human development and sustainable development, the three sectors must be given balanced support,
Amendment 8 #
2008/2004(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a quantitative assessment of the respective contribution of the three sectors to GDP fails to take account of the significance of each in qualitative terms. Agriculture, for example, relates directly to world challenges arising in connection with nutrition, hygiene and food sovereignty. It is therefore natural for this sector to receive particular attention in the course of multilateral and bilateral trade negotiations and to be given aid in order to prevent world food crises,
Amendment 9 #
2008/2004(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas industrialisation contributes to the economy of developing countries; taking the view, therefore, that the latter are entitled to protect their fragile or emerging industries and to benefit from technology transfers,
Amendment 12 #
2008/2004(INI)
Motion for a resolution
Recital D
Recital D
D. whereas trade in services so far only amounts to 25% of world trade; whereas the sector has a huge potential and a lot to be gained from liberalisedthe equitable opening up of trade in services; whereas more jobs are created in this sector than in any other sector of the economy,
Amendment 13 #
2008/2004(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the development of quality employment is accompanied by a quantitative increase in jobs; notes that it is in the services sector that the highest level of enforced part-time and precarious employment is being created and that, for the development of this economic sector, account must be taken of ILO recommendations,
Amendment 15 #
2008/2004(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas social services of general interest such as health and education are essential to the principles of the European social model and must also be taken into account for the purposes of international trade,
Amendment 21 #
2008/2004(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas GATS is a source of concern for European citizens; whereas, therefore, transparency in the negotiation process and evaluation of the impact of liberalisation in the services sector are essential,
Amendment 23 #
2008/2004(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the services sector encompasses different types of service of varying importance in terms of essential human needs and the public wellbeing; takes the view therefore that certain services, for example those which are of a non-commercial nature and not motivated purely by profit, must be respected,
Amendment 24 #
2008/2004(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas certain products such as water must be considered as a world resource belonging to all and related services should therefore be given special status in so far as they have a considerable direct impact on the day-to- day life of the population and contribute to sustainable development,
Amendment 25 #
2008/2004(INI)
Motion for a resolution
Recital G
Recital G
G. whereas an efficient services infrastructure is aone of the preconditions for economic success, together with the average level of education and public health standards; whereas access to world- class services helps exporters and producers of goods and services in developing countries to capitalise on their competitive strength; whereas a number of developing countries have also been able, building on foreign investment and expertise, to advance in international services markets; whereas services liberalisation has thus become a key element of many development strategies,
Amendment 27 #
2008/2004(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas, in numerous developing countries, service infrastructures, particularly for health education, have been dismantled following structural adjustment policies imposed by international financial institutions. These basic services, which are a precondition for development, are in many cases to be restored with the support of the international PDA,
Amendment 28 #
2008/2004(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the developing countries agreed at Marrakech to commence negotiations on services subject to total flexibility as to whether the negotiations would include or exclude any services sector,
Amendment 29 #
2008/2004(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas trade in services can represent a major social and economic development instrument if countries are able to protect their markets initially, progressively opening them up when they have a firm institutional framework in place, accompanied by clearly defined social and environmental rules and clear wealth redistribution mechanisms,
Amendment 34 #
2008/2004(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that international trade geared to development and poverty reduction must also contribute to social progress and quality employment; trade regulations must comply with ILO social standards; measures to combat all forms of exploitation at the workplace (prohibiting forced labour and child labour in particular), together with respect for trade union liberties, are essential for balanced trade in the interest of all; reaffirms the need to examine the interaction between trade and social issues;
Amendment 35 #
2008/2004(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Stresses the need for a differentiated approach to the opening of the market in services of general interest; points out that social services of a general interest such as health and education should not be liberalised in the same way as tertiary trade sectors in view of their specific contribution to social protection and solidarity;
Amendment 37 #
2008/2004(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Draws attention to the high level of external competitiveness of European services providers; calls on the Commission to pursue, in trade negotiations, both the fair, progressive and reciprocal liberalisation ofopening up of trade in services and a policy of increased transparency and predictability of rules and regulations, in order that citizens and entrepreneurs of developing countries can have access to a wider range of services, some of which may be provided by highly competitive European services providers; stresses that it is essential to strike the right balance between the equitable and progressive opening of services and regulation of the services market with regard to the relevant international trade issues;
Amendment 43 #
2008/2004(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the Commission must take the different Member State interests and those of the developing countries into account when negotiating commitment schedules;
Amendment 44 #
2008/2004(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 51 #
2008/2004(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Observes that it is necessary to make a clear distinction between commercial and public services; stresses the need to exclude public services from the scope of the negotiations, in particular those helping to ensure public access to essential services such as health, education, drinking water and energy, and those making a significant contribution to cultural identity, such as audiovisual services;
Amendment 58 #
2008/2004(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 63 #
2008/2004(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the need for rules and standards to govern liberalisationensure the successful opening up of the services market; encourages compliance with social and environmental and quality standards in a reasonable and objective manner, without constituting unnecessary barriers to trade;
Amendment 69 #
2008/2004(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls Article XIX of the GATS stating that members shall enter into successive rounds of negotiations, beginning not later than five years from the date of entry into force of the WTO Agreement and periodically thereafter, with a view to achieving a progressively higher level of liberalisation; recalls that such negotiations shall be directed to the reduction or elimination of the adverse effects on trade in services of measures as a means of providing effective market access;
Amendment 71 #
2008/2004(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls, on the one hand, that the principles of GATS do not prohibit require neither privatisation nor deregulation; underlines therefore that each state is free to liberalise any service sector and do not seek any degree of liberalisation as such and do not exclude the imposition of public service obligations; recalls, on the other hand, that the GATS acknowledges the right of WTO members '(...) to regulate (...) the supply of services within their territories (...) to meet national policy objectives (...)'; stresses that GATS schedules deal with the bound commitments of each WTO member in terms of trade in services and that each member is free to open its market beyond its GATS commitments provided that the Most Favoured Nation principle or Article V of GATS on Economic Integration is respected;
Amendment 73 #
2008/2004(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. ConsiderRecalls that the Doha Development Round must focus on development and, accordingly, that negotiations on trade in services must serve both the interests of the EU and the economic growth of the poorest countries;
Amendment 74 #
2008/2004(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the need to allow developing countries a degree of latitude regarding the level of reciprocity in the opening up of trade, so as to protect the most vulnerable by enabling them to decide for themselves the speed at which liberalisation should be achieved;
Amendment 76 #
2008/2004(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses the need for a fair and progressive liberalisation of trade in farm products with a number of derogations and together with timetables for progressive and asymmetric implementation, taking account of the differences between the agricultural sectors of the various Member States and their specific characteristics;
Amendment 77 #
2008/2004(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Expresses concern at the consequences of abrupt liberalisation of trade in farm products and speculation in basic food commodities; stresses the economic and social importance of this sector for developing countries and the need to avoid impoverishment of rural populations, which causes people to leave the countryside and concentrate in already overpopulated urban centres;
Amendment 82 #
2008/2004(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
15. Encourages a clear and ambitious level of commitments in the currently negotiated and upcoming bilateral and regional trade agreements; stresses the importance of including therein provisions relating to human rights and social standards;
Amendment 83 #
2008/2004(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that the developing and the least advanced countries must not be subjected to pressure to liberalise their services, in particular SGI; considers that any failure of the current round of multinational negotiations could lead to additional pressure being brought to bear under bilateral agreements for poor countries to open up their markets, particularly in the services sector;
Amendment 90 #
2008/2004(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes with regards to the negotiation of the EU-ASEAN Free Trade Agreement (FTA) that aspects of the agreement affecting public procurement, investments and services should recognise the varying level of development of ASEAN members and respect the right of all participants to regulate public services, particularly those relating to basic needs - this, however, should not prevent private companies filling in the gap where the state fails to provide services required by citizens;
Amendment 99 #
2008/2004(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that no WTO member has yet made any commitments on the water distribution sector; recalls nonetheless, that any state is free to do so should it consider itself unable to provide the service which its citizens need; stresses that should a such commitment be made it does not prohibit the state from setting levels of quality, safety, price or other policy objectives as they see fit, and the same regulations would apply to foreign suppliers as to local suppliers;
Amendment 103 #
2008/2004(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 106 #
2008/2004(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 172 #
Amendment 174 #
2008/0196(COD)
Proposal for a directive
Article 4
Article 4
Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection.
Amendment 235 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 237 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. In the case of distance contracts, Member States must not prohibit the parties from performing their obligations as laid down in this directive during the withdrawal period. In the case of off-premises contracts, this article shall be without prejudice to national provisions establishing a period within the withdrawal period during which performance of the contract cannot commence.
Amendment 345 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The traderenterprise shall be held liable under Article 25 where thefor any lack of conformity becomes apparent within two years as from the time the risk passed to the consumerthat exists at the time the risk passed to the consumer, even if that lack of conformity only becomes apparent subsequently.
Amendment 355 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5 a (new)
Article 28 – paragraph 5 a (new)
5a. Member States shall have the option of maintaining or adopting national provisions relating to the legal guarantee of conformity that differ from those under this directive, in such a way as to ensure a higher level of protection for consumers.
Amendment 16 #
2008/0195(COD)
Proposal for a directive– amending act
–
–
The European Parliament rejects the Commission proposal.
Amendment 11 #
2008/0070(COD)
Proposal for a recommendation
Recital 1
Recital 1
(1) The development and recognition of citizens’ knowledge, skills and competence are crucial for individutheir personal and professional development, and for competitiveness, employment and social cohesion in the Community. In this respect, they should facilitate trans-national mobility for workers and learners and contribute towards meeting the requirements of supply and demand in the European labour market. Participation in borderless lifelong learning for all, transfer, recognition and accumulation of individuals' learning outcomes achieved in formal, non-formal and informal contexts should therefore be promoted and improved at the national and Community levels.
Amendment 16 #
2008/0070(COD)
Proposal for a recommendation
Recital 7
Recital 7
(7) ECVET is applicable for all learning outcomes which should in principle be achievable through a variety of education and learning paths, and then be transferred and recognised. This Recommendation therefore contributes to the wider objectives of promoting lifelong learning and increasing the employability, mobility and social inclusion of workers and learners, to the modernisation of the education and training systems, to. It fosters, in particular, the development of flexible and individualised VET pathways, to the linkage between education, training, employment and individuals’ needs, to the building of bridges between formal, non-formal and informal learning, and to the recognition of learning outcomes acquired through life and occupational experience.
Amendment 25 #
2008/0070(COD)
Proposal for a recommendation
Recommendation 3
Recommendation 3
3. support the development of national and European partnerships and networks involving competent institutions and authorities, social partners, sectors and VET provicertification institutions, VET providers, social partners and other stakeholders, dedicated to the experimentation, implementation and promotion of ECVET;
Amendment 26 #
2008/0070(COD)
4. monitor and follow up the action taken, in particular by updating the guidance material and, after the assessment and evaluation of this action carried out in cooperation with the Member Sta and, after the assessment and evaluation, in cooperation with the Member States, of this action carried out and the tests conductesd, report, fourive years after the adoption of this Recommendation, to the European Parliament and the Council on the experience gained and implications for the future, including, if necessary, a possible review and adaptation of this Recommendation, involving the updating of the technical annexes and guidance material.
Amendment 6 #
2007/2198(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
13a. having regard to the evaluation report of the external consultancy Mayer, Rowe and Maw LLP, entitled “Evaluation of EC Trade Defence Instruments” (December 2005),
Amendment 7 #
2007/2198(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
13b. having regard to the document of the Commission entitled “Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy” (19 November 2007),
Amendment 10 #
2007/2198(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the results of the public consultation are available in the document entitled "Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy" (19 November 2007),
Amendment 11 #
2007/2198(INI)
Motion for a resolution
Recital B
Recital B
Amendment 12 #
2007/2198(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the evidence available regarding the EU's application of TDIs, as quoted in the Commission's summary of the 2005 study Evaluation of EC trade defence instruments, shows that 'the status quo is both reasonable and adequate in order to address the interests of all groups of parties', which raises substantial doubts about the urgency and need to amend these instruments,
Amendment 15 #
2007/2198(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in the absence of internationally agreed upon competition rules in the WTO currently leaves no alternative but TDIs to, TDIs are the only suitable solution for dealing with unfair trade practices,
Amendment 22 #
2007/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
Amendment 27 #
2007/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not and is not currently designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 32 #
2007/2198(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, in a globalised world, EU companies need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the Union,
Amendment 41 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
- 1. Asks the Commission to take into account the results of the Green Paper for public consultation (COM(2006)0763) and the results of the independent study that it ordered, as both reflect the legitimate interests of all stakeholders;
Amendment 45 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 51 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors and to avoid distorting effects in international trade;
Amendment 54 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 59 #
2007/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the EU already has a TDI regime with higher standards, resulting in more stringent application, than other trading partners especially with regard to the initiation, course and subsequent outcome of these investigations;
Amendment 62 #
2007/2198(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 68 #
2007/2198(INI)
Amendment 75 #
2007/2198(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the current EU TDI system already takes due account of the rightful and legitimate interests of all European stakeholders, as was stated by the majority of governments and stakeholders during the public consultation on the above-mentioned Green Paper;
Amendment 76 #
2007/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 81 #
2007/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 84 #
2007/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to act accordingly in order to instil social and environmental considerations into the reform of antidumping rules during the WTO negotiations, based on the international fundamental social and environmental standards that already exist;
Amendment 85 #
2007/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2007/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 90 #
2007/2198(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention, dual pricing and violations of IPR, which greatly affect fair competition in international markets;
Amendment 93 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 99 #
2007/2198(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission to maintain its strict criteria when initiating new TDI investigations in order to guarantee that prima facie evidence is provided by the complainants and that all the AD conditions for initiation are met;
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
2007/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is worried about the increasing use by the Commission of ex officio review in order to restrict or terminate measures in force;
Amendment 105 #
2007/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 108 #
2007/2198(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 112 #
2007/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 116 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 125 #
2007/2198(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" so as to take greater account of the interests of those companies which have moved or subcontracted part of their production outside the Union in so far as those companies are not affected by the duties unless they engage in dumping or receive subsidies;
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 128 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to open anti- dumping and countervailing procedures and to impose provisional duties as soon as possible when all the legal requirements have been met, including a threat of injury for the industry concerned;
Amendment 129 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that anti-dumping procedures should always give priority to the need to restore a level playing field, as the effects of unfair competition in the long run are against the interests of all participants in the Community market;
Amendment 130 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers therefore that the analysis of the impact on other interests can only justify the non-imposition of anti- dumping measures in exceptional cases, where it is obvious that defence measures will not be able to improve the situation of Community producers, and in any event cannot justify a downward adjustment in the level or duration of the duties imposed;
Amendment 131 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on the Commission to maintain its current practice that ensures the use of realistic and suitably motivated requirements when choosing an "analogue country" for investigative procedures;
Amendment 132 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Considers that the countervailing duty and the anti-dumping instrument are two distinct instruments with their own scope of application that could be used in a complementary way;
Amendment 133 #
2007/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 135 #
2007/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 137 #
2007/2198(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties; calls on the Hearing Officer to submit, following an independent analysis, to the European Parliament periodic reports in particular on the handling of cases by the Commission, including the conformity of the administrative practices with the basic regulations, and on the synthesis of its activities; stresses that for the sake of transparency and ensuring a meaningful role for the Hearing Officer, his/her reports following individual interventions should be made known to interested parties and the Antidumping Committee;
Amendment 138 #
2007/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 140 #
2007/2198(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to increase the transparency and predictability of the procedure of TDI investigations in the EU, to accelerate and simplify procedures, as well as to facilitate the accessibility of TDIs for SMEs, as they constitute the majority of the European industrial sector;
Amendment 143 #
2007/2198(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;
Amendment 145 #
2007/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
2007/2198(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 147 #
2007/2198(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 154 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 162 #
2007/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 164 #
2007/2198(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Urges the Commission to guarantee that the process of decision-making in TDI investigations is based on transparent and objective standards;
Amendment 165 #
2007/2198(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 167 #
2007/2198(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 170 #
2007/2198(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Underlines that the legal certainty and the legal framework within which TDI investigations are conducted, are fundamental taking into account that the standard court procedure takes too long to properly address possible flaws in TDI investigations; underlines the need to ensure that interested parties have recourse to expedited judicial review;
Amendment 174 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 177 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Asks for a greater share competence for other services of the Commission when conducting investigations, in order to guarantee the transparency and effectiveness of all TDI investigation procedures;
Amendment 178 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Calls for real and strong involvement of the European Parliament, in order to improve the credibility and transparency of the trade defence policy in general and of TDIs in particular;
Amendment 179 #
2007/2198(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 182 #
2007/2198(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Highlights and welcomes the fact that, through the ratification of the Treaty of Lisbon, the European Parliament will gain co-decision power in TDI matters; therefore requests the Commission not to introduce any kind of changes to the TDI procedures until the ratification of the Treaty;
Amendment 183 #
2007/2198(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 185 #
2007/2198(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that, under the Community interest test, the interests of Community producers must be given priority over other interests at stake;
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 190 #
2007/2198(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Asks the Commission to use the Community interest test only as a last resort and to always address the removal of injurious dumping as its first priority;
Amendment 193 #
2007/2198(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 195 #
2007/2198(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 198 #
2007/2198(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Stresses that, given that TDIs are a concept developed within the WTO mandate, it can hardly be advisable to engage in a process of unilateral revision of such instruments: reciprocity, as well as parallel steps towards their revision, on a multilateral level, namely on the part of the major EU trading partners, should be a precondition for this initiative; recalls that for the time being TDIs are the sole instruments in international trade law to address unfair trading practices;
Amendment 199 #
2007/2198(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 201 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Asks the Council to demonstrate solidarity when dealing with TDIs, in order to guarantee that European industry and its workers are effectively protected when confronted with unfair competition;
Amendment 203 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 204 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 207 #
2007/2198(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Urges the Commission not to propose a reform of the European regulation on TDI while the WTO negotiations are ongoing and until a real consensus is found among stakeholders and Member States;