2126 Amendments of Jean-Pierre AUDY
Amendment 3 #
2013/2256(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls the importance of the tasks performed by agencies and their direct impact on the daily life of citizens; recalls that the main purpose of establishing decentralised agencies was to be able to provide independent technical and scientific assessments, in particular, to have them perform technical, scientific or supervisory tasks in such a way as to help the EU institutions draw up and implement Union policies; points out that the role of the executive agencies is to help the Commission manage Union programmes on behalf of the Union itself;
Amendment 10 #
2013/2256(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to vastly different roles, functions and resources of various agencies which are subject to the uniform procedure of the agencies’ discharge; observes that in certain cases, the demands of the core functions of the agencies do not easily or logically yield themselves to the traditional discharge procedure, while in other cases, ensuring uniform procedure has proven difficult due to very limited staffing and/or a tiny budget, and invites the Court of Auditors to take this into account in its future audit work;
Amendment 24 #
2013/2256(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that the principle of annuality is one of the three basic accounting principles (unity, annuality and balance and accuracy, annuality, balance, unit of account, universality, specification, sound financial management and transparency) indispensable to ensuring the efficient implementation of the Union budget; notes that decentralised agencies do not always fully comply with that principle;
Amendment 28 #
2013/2256(DEC)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Emphasises thehow importance of the agencies’ independencet it is that the agencies should be answerable politically to the Union authorities, save in cases where their mandate, and therefore their statutes, provide for full or partial independence vis-à-vis those authorities; recalls that the agencies should be able to independently execute their mandate in accordance with their purpose and regrets that currently this is not always the case; believes that the Commission’s Directorates General should be seen as partners of the agencies;
Amendment 2 #
2013/2250(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. GPostpones its decision on grantsing the Executive Director of the Artemis Joint Undertaking discharge in respect of the implementation of the Joint Undertaking'’s budget for the financial year 2012;
Amendment 5 #
2013/2250(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the Joint Undertaking adopted an ex post audit strategy in 2010 and that its implementation started in 2011; notes that the audit of project cost claims has been delegated to the National Funding Authorities (NFAs) of the Member States, but that the administrative agreements signed with the NFAs do not include the practical arrangements for ex post audits;
Amendment 6 #
2013/2250(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that, according to the audit report by the Court of Auditors, payments made in 2012 relating to certificates of acceptance of costs issued by the Member States' NFAs amounted to EUR 7.3 million, which represents 43% of total operational payments; points out that, according to that Court of Auditors' report, the Joint Undertaking received audit reports from the NFAs covering approximately 45% of the costs relating to completed projects, that the Joint Undertaking did not assess the quality of those audits, that, by the end of April 2013, the Joint Undertaking had not received information on the audit strategies of all NFAs, and that Artemis was therefore not in a position to assess whether ex post audits provide sufficient assurance as to the legality and regularity of the underlying transactions;
Amendment 7 #
2013/2250(DEC)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Artemis Joint Undertaking to submit a report to Parliament on the negative aspects recorded by the Court of Auditors; calls for that report, together with an assessment by the Court of Auditors, to be submitted to Parliament in time for it to take a final decision on discharge for the financial year 2012;
Amendment 8 #
2013/2250(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes note that, according to the Court of Auditors' audit report, the Joint Undertaking received audit reports from the NFAs covering approximately 45 % of the costs relating to completed projects; is concerned that, according to that Court of Auditors' report, the Joint Undertaking did not assess the quality of these auditose audits, that, by the end of April 2013, the Joint Undertaking had not received information on the audit strategies of all NFAs, and that Artemis was therefore not in a position to assess whether ex post audits provide sufficient assurance as to the legality and regularity of the underlying transactions; reiterates that the Joint Undertaking should reinforce without delay the quality of its ex ante and ex post controls; requests that the discharge authority is informed of the results of the following ex post audit processes; notes, moreover, that the Joint Undertaking is engaged in an ongoing process to address these issues together with the Court of Auditors, and anticipates a positive outcome in future years;
Amendment 3 #
2013/2241(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Postpones its decision on granting the Administrative Manager of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Body’s budget for the financial year 2012 / Grants the Administrative Manager of the Body of European Regulators for Electronic Communications discharge in respect of the implementation of the Body’'s budget for the financial year 2012;
Amendment 7 #
2013/2241(DEC)
Proposal for a decision 2
Paragraph 1
Paragraph 1
1. Postpones its decision on the closure of the accounts of the Body of European Regulators for Electronic Communications for the financial year 2012 / Approves the closure of the accounts of the Body of European Regulators for Electronic Communications for the financial year 2012;
Amendment 1 #
2013/2230(DEC)
Proposal for a decision 1
Citation 10 a (new)
Citation 10 a (new)
– having regard to the opinion of the Court of Auditors, which takes the view, given that there were no effective ex ante or ex post verifications, that there can be no assurance that the transactions related to grants were legal and regular, and to that extent qualifies its opinion on the legality and regularity of the transactions underlying the accounts;
Amendment 4 #
2013/2230(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2012 / Postpones its decision on granting the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2012;
Amendment 12 #
2013/2230(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Frontex agency to report to Parliament on the shortcomings recorded by the Court of Auditors; calls for that report, together with an assessment by the Court of Auditors, to be submitted in sufficient time to enable Parliament to take a final decision on discharge for the financial year 2012;
Amendment 2 #
2013/2205(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the European External Action Service’s budget for the financial year 2012 / Postpones its decision on granting the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the European External Action Service’s budget for the financial year 2012;
Amendment 2 #
2013/2200(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the Court of Auditors’ budget for the financial year 2012 / Postpones its decision on granting the Secretary-General of the Court of Auditors discharge in respect of the implementation of the Court of Auditors’ budget for the financial year 2012;
Amendment 5 #
2013/2200(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the Court of Auditors’' annual accounts are audited by an independent external auditor – PricewaterhouseCoopers SARL – in order to apply the same principles of transparency and accountability that it applies to its auditees; takes note of the auditor’s opinion that “the financial statement gives a true and fair view of the financial position of the ... Court” ... and of its financial performance and its cash flows for the year ... ended”; requests that it be given access to the assurance report concerning the regularity of the use of the Court’s resources and the validity of the control procedures in place in 2012; calls for scrutiny to be brought to bear on the Court as regards the legality and regularity of the transactions underlying its accounts;
Amendment 1 #
2013/2197(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Postpones its decision on gGrantings the Secretary-General of the Council discharge in respect of the implementation of the European Council’s and the Council’s budget for the financial year 2012;
Amendment 3 #
2013/2197(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas in the section of its opinion (Chapter 9) relating to the ‘Administrative and other expenditure’ policy group, which includes the European Council and the Council, the Court of Auditors concludes, as regards the financial year 2012, that ‘the most likely error present in the population is nil’ and, although it found some errors and weaknesses, believes that the supervisory and control systems examined are likely to reduce the rate of error in initial payment requests to an acceptable level and can therefore be considered effective;
Amendment 4 #
2013/2197(DEC)
Motion for a resolution
Recital B
Recital B
B. Whereas in the absence of replies to Parliament’s questions and given the lack of sufficient information, Parliament idoes not in theknow whether it is in a position to make an informed decision about granting the discharge;
Amendment 12 #
2013/2197(DEC)
Motion for a resolution
Subheading 1
Subheading 1
Reasons of postponement offor Parliament’s query regarding the decision on granting discharge
Amendment 13 #
2013/2197(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that effective supervision of the Union’s budget implementation requires cooperation between Parliament, the European Council, and the Council through a working arrangement; regrets the difficulties repeatedly encountered in the discharge procedures up to date;
Amendment 19 #
2013/2197(DEC)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Is perplexed about the discrepancy between Parliament’s view that the Council’s budgetary control is so seriously flawed that discharge cannot be granted in the same way as in previous years and the conclusions of the audit, in which the Court of Auditors deems the management of the policy group concerned to be free of error and the control and supervisory systems to be effective; calls on the Court of Auditors, therefore, to conduct a thorough audit of the administrative and operational activities of the European Council, the Council, and the European External Action Service, without encroaching on the powers and responsibilities laid down in the Treaties, and to report on the findings to Parliament;
Amendment 42 #
2013/2196(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Notes that Protocol 6, annexed to the Treaties, on the location of the seats of the institutions, decided by common agreement of the governments of the Member States, imposes on Parliament its three working places; notes the call expressed in its resolution of 17 April 2013 on the 2011 discharge for "the Secretary-General and the Bureau to provide Members with up- to-date figures and information on thedocument received from the Secretary-General, ‘The three places of work of the European Parliament – financial and, environmental and regional impacts of the multiple seat arrangement" that followed Parliament’s resolution of 6 February 2013 on the guidelines for the 2014 budget proceduregeographic dispersion', which was prepared on 30 August 2013;
Amendment 44 #
2013/2196(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Recalls that significant historical reasons motivated the seat of the Parliament to be established in its current three places of work and that the question of determination of the seat of an Union institution is the exclusive competence of the Member States; notes in this respect that any decision to change the seats arrangement of Parliament would require a change of the Treaties, a decision which would have to be taken unanimously by the Member States;
Amendment 48 #
2013/2196(DEC)
Motion for a resolution
Paragraph 43 – indent 4
Paragraph 43 – indent 4
– additional costs resulting from the Strasbourg and Luxembourg sites have been declared separately;
Amendment 50 #
2013/2196(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Emphasises the fact that 10,703 tonnes of CO2 emissions per year would be saved if Strasbourg (10 235) and Luxembourg (468) were no longer used as places of workrelating to Parliament's activities would be saved if the three places of work were placed on the same footing; notes that this environmental impact of the geographic dispersion of Parliament in terms of carbon emissions accounts for 11,16 % of Parliament's total carbon footprint in 2011; takes the view that CO2 emissions relating to journeys by Members from their constituencies across the EU ought not to be much different wherever the places of work are;
Amendment 78 #
2013/2196(DEC)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Notes with satisfaction that the implementation of the Bureau decision on a Resource efficient multilingualism produce in 2012 savings of EUR 10,9 million and EUR 10 million in the interpretation and in the translation services respectively, without affecting the principle ofsignificantly affecting multilingualism or impairing the quality of parliamentary work; reiterates that interinstitutional cooperation is essential in order to exchange best practices that promote effectiveness and allow savings to be made; notes, however, that for both translation and interpretation the principle of multilingualism is being observed less and less;
Amendment 85 #
2013/2196(DEC)
Motion for a resolution
Paragraph 59
Paragraph 59
59. NSupports EuroparlTV and notes that, in the 2012 budget adopted by Parliament in plenary, EUR 8,5 million was earmarked for the EuroparlTV under the budget line 3246; recognises that whereas the budget for the EuroparlTV has been substantially reduced from EUR 9 million in 2008 to EUR 5 million in 2014, the performance of this service has been improved with a number of new activities and projects, inter alia, a larger proportion of ready to use audio-visual products with a longer lifespan, and a series of exclusive co- productions with national TV channels in several Member States, resulting in increasing audiences numbers; welcomes the ever increasing number of Parliament’s followers on social media, in particular on Facebook with its current more than 1,2 millions ‘friends’, for which exclusive EuroparlTV productions are developed; looks forward to receiving the independent evaluation study of Parliament’s online multimedia production commissioned in accordance with the decision of the Bureau of 3 December 2012;
Amendment 101 #
2013/2196(DEC)
Motion for a resolution
Paragraph 66 e (new)
Paragraph 66 e (new)
66e. Proposes that new information and communication technologies be used to a greater extent in the translation and interpretation services;
Amendment 24 #
2013/2195(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas, for the 19th time in succession, the Court of Auditors was unable to grant a positive statement of assurance regarding the legality and regularity of the payments underlying the accounts;
Amendment 35 #
2013/2195(DEC)
Motion for a resolution
Heading 1
Heading 1
Agricultural and regional policy, subject to political reservation
Amendment 38 #
2013/2195(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the CommissionMember States, in the context of shared management, to assume greater and more substantial responsibility for safeguarding the EU budget against financial losses;
Amendment 49 #
2013/2195(DEC)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
(b) continue to suspend payments and halt programmes, if legally possible, in cases where serious shortcomings have occurred,
Amendment 59 #
2013/2195(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that, in the new programming period 2014-2020, net financial corrections canwill be imposed in the event of serious shortcomings in the implementation of cohesion policy;
Amendment 64 #
2013/2195(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the application of net financial corrections in the field of agriculture does not yet constitute the anticipated progress, as (a) the Commission’s existing internal rules already stipulate that the duration of conformity procedures must not exceed two years and, (b) the so-called ‘new’ criteria and methodology for applying financial corrections mentioned in Annex I to the Communication refer explicitly to guidelines that will be based on the existing ones adopted by the Commission as long ago as 23 December 1997Notes that, in the new programming period 2014- 2020, net financial corrections can be imposed in the event of serious shortcomings in the implementation of cohesion, and (c) Member States fail to provide, quickly, simply and effectively, proof that the net financial correction envisaged by the Commission is not justified, the result being frequent delays in dealing with cases involving corrections;
Amendment 77 #
2013/2195(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes furthermore that the audit reports of the Member States, on which the Commission’s risk analysis is based, are themselves often faulty and therefore unreliable; notes furthermore that the Court of Auditors only recently confirmed that ‘(…) the European Commission cannot unquestioningly rely on the results of audits performed by the Member States in relation to EU regional funding appropriations’2; __________________ 2 Press release ECA/13/47 of the Court of Auditors on Special Report 16/2013 on the ‘single audit’, 18 December 2013.
Amendment 80 #
2013/2195(DEC)
Motion for a resolution
Heading 1 - Subheading 4
Heading 1 - Subheading 4
Amendment 97 #
2013/2195(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls, therefore, pursuant to Article 287(3) of the Treaty on the Functioning of the European Union, for cooperation between national audit institutions and the Court of Auditors as regards shared- management controls to be stepped up;
Amendment 109 #
2013/2195(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that, although the way in which the Commission addresses the deficiencies detected in the LPIS systems (excessivelyLPIS systems in order to calculate the financial corrections gives rise to loengthy conformity procedures leading to the flat-rate corrections with delayed, delays in the adoption of action plans and reservations in the annual activity reports) creates a financial risk to the budget of the European Union, it makes for real financial corrections, as called for by Parliament and the Court of Auditors, rather than flat-rate corrections which are open to challenge by the Member States and recipients; supports the Commission in its approach, and calls for the systems to be improved in any way possible, including the provision of training to staff, in order to enhance their effectiveness and rapidity;
Amendment 113 #
2013/2195(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out in particular that, despite decisions on flat-rate corrections, the errors detected in 2006 in France and Portugal were still not fully remedied in 2012; stresses that from 2006 to 2013 direct payments were made whose legality and regularity were not fully guaranteed and highlights that European tax-payers’ money has been wrongly paid to final beneficiaries without recovery;
Amendment 137 #
2013/2195(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls, in order to remedy shortcomings in LPIS systems, for conformity procedures to be shortened and action plans to be implemented promptly; calls, in the event of failure to comply with the deadlines, for net corrections to be maintermediate payments to be reduced proportionately or suspended in the action plans in the Member States concerned as part of the conformity clearance procedure;
Amendment 149 #
2013/2195(DEC)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that the guidelines for audits by the Commission itself ought to constitute a self-imposed obligation on the Commission; calls on the Commission already to present them as part of the 2013 budget discharge procedure; calls for clear indications, to this end, of the extent to which Member States and programmes which have attracted attention in the past have been subjected to a special audit approach and the extent to which net financial corrections can be accelerated; stresses that this approach should already be adopted in the impending delegated acts and implementing acts (February 2014);
Amendment 181 #
2013/2195(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Points out that in addition to delivering one opinion on the reliability of the accounts, the Court of Auditors delivers three on the legality and regularity of the underlying operations; takes the view that this plethora of opinions makes it more difficult for Members of the European Parliament to assess the Commission's implementation of the budget;
Amendment 182 #
2013/2195(DEC)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Regards it as abnormal that the annual accounts should show net assets of -EUR 40,4 million, and wonders whether the amounts to be called from Member States for staff pensions, which are estimated at EUR 42,5 billion, should not be entered as assets, given that this clearly constitutes a commitment; notes the Commission accounting officer’s explanations to the effect that international public-sector accounting standards have been applied; calls for the Court of Auditors to state clearly its position on this matter; calls for a figure to be put on the risk of the above amount not being made available, in the light of the Member States’ financial positions; proposes that consideration should be given to setting up a Community pension fund in order to get these financial commitments vis-à-vis staff off the balance sheet;
Amendment 184 #
2013/2195(DEC)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Urges the Court of Auditors to assess the pertinence of an analysis based on the simple error rate and, in keeping with its independent status, to consider the materiality threshold1a; __________________ 1a European Parliament resolution of 4 February 2014 on the future role of the Court of Auditors. The procedure on the appointment of Court of Auditors' Members: European Parliament consultation (Texts adopted, P7_TA(2014)0060).
Amendment 185 #
2013/2195(DEC)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Points out that, in accordance with international audit standards, the external auditor should set the materiality threshold for errors independently;
Amendment 188 #
2013/2195(DEC)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Emphasises that a distinction must be drawn between errors and fraud, and considers that, in the vast majority of cases, errors stem from administrative mistakes, many of which are linked to the complexity of European and national rules, which can be corrected;
Amendment 190 #
2013/2195(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Points out that the increases in the estimated error rate were greatest for the spending areas employment and social affairs, agriculture, market measures and direct support and regional policy energy and transport;
Amendment 207 #
2013/2195(DEC)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Points out that, as the Commission quantifies the amount at risk at between 1.9 % (EUR 2.6 billion) and 2.6 % (EUR 3.5 billion) of total payments for the year, it acknowledges that the level of error in expenditure is likely to be material, especially since the Commission itself states that amounts at risk in a number of areas, in particular rural development, are likely to be underestimated; emphasises, however, that these amounts do not include the potential future financial corrections, which substantially reduce the final risk;
Amendment 224 #
2013/2195(DEC)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71a. Calls on the Court of Auditors, pursuant to the second subparagraph of Article 287(4) of the Treaty on the Functioning of the European Union, to deliver an opinion on the independence of the national audit authorities with regard to shared management;
Amendment 227 #
2013/2195(DEC)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72a. Proposes that consideration be given to the possibility for national audit institutions, in their capacity as independent external auditors, and with due regard for international audit standards, to issue national audit certificates for the management of Union funds, which would be submitted to Member State governments with a view to being produced during the discharge process in accordance with an appropriate interinstitutional procedure to be introduced;
Amendment 238 #
2013/2195(DEC)
Motion for a resolution
Paragraph 90
Paragraph 90
90. Is deeply concerned about the fact that the critical observations made in the annual report of the Court of Auditors for the financial year 2012 and the systematic weaknesses detected by the latter have already been reported by the Court in its previous reports, and in particular, as regards the eligibility of permanent pasture, since 2007; notes the Commission’s explanations and calls on the Commission and the Court of Auditors, in the context of the adversarial procedure, to reach agreement on the eligibility criteria for permanent pasture;
Amendment 255 #
2013/2195(DEC)
Motion for a resolution
Paragraph 118
Paragraph 118
118. Regrets that the Court found that the results of the conformity audits were not sufficiently taken into account for the financial clearance decision and agrees that it reduces the reliability, on account of differences in approach between the Court and the Commission on the issue of financial clearance, Parliament cannot assess with accuracy its impact on the legality and regularity of the underlying operations; notes that, according to the Court of Auditors, the results of the conformity audits were not sufficiently taken into account for the financial clearance decision; calls on the Commission and the Court of Auditors, in the context of the adversarial procedure, to reach agreement ofn thise financial clearance procedure;
Amendment 265 #
2013/2195(DEC)
Motion for a resolution
Paragraph 128
Paragraph 128
Amendment 289 #
2013/2195(DEC)
Motion for a resolution
Paragraph 136
Paragraph 136
136. For this reason, reserves its position as regards the regularity of transactions and the effectiveness of systems in the common agricultural policy (direct payments and rural development); will lift this reservation only on the basis ofthe next Parliament will have to be very demanding vis-à-vis the Commissioners-designate, in particular those with responsibility for agriculture and auditing, who will be required to give a commitment to fully protect the budget of the European Union given by the relevant Commissioners-designate duringat the parliamentary hearing preceding their appointment as Members of the Commission in 2014 and on condition that convincing plans for doing so are presented, on the basis of convincing plans;
Amendment 85 #
2013/2186(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to bring forward proposals for recognising the contribution voluntary work makes to citizenship;
Amendment 1 #
2013/2183(INI)
Motion for a resolution
Citation 9
Citation 9
– having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons adopted by the Council of the European Union at its meeting of 24 June 2013,
Amendment 1 #
2013/2182(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to Article 14 of the Charter of Fundamental Rights of the European Union,
Amendment 11 #
2013/2182(INI)
Motion for a resolution
Recital D
Recital D
D. whereas by 2020, 90 % of jobs will require digital skills, and whereas by 2015 there will be up to 900 000 unfilled information and communication technologies (ICT)- related vacancies in the EU;
Amendment 23 #
2013/2182(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication which sets out a Union agenda in the field of OER, and which focuses on the potential of these resources to widen access to and equity in education, while regretting that OER are not fully exploited in education and training systems in Europe;
Amendment 112 #
2013/2182(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes, once again, that not everyone has access to information and communication technologies under equivalent pricing arrangements and service quality, and that, in general, urban areas are better served than rural areas, which creates a digital divide that undermines the notion of equal opportunities for all citizens wherever they may be in the European Union;
Amendment 133 #
2013/2182(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to ustackle the available funding through the European Structural and Investment Funds for improving the digital infrastructurdigital divide and to require operators to provide 100% territorial coverage, taking into account the needs of educational institutions, in particular in rural and remote regions;
Amendment 138 #
2013/2182(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Calls on the Commission to organise an annual European regional planning conference to ensure that all citizens have access to ICT services wherever they may be in the European Union;
Amendment 55 #
2013/2175(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Proposes that consideration be given to the creation of an investment section in the European Union budget;
Amendment 136 #
2013/2175(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that sound fair value accounting principles for institutional investors can enhance the transparency and consistency of financial information; stresses that those principles should avoid creating incentives for pro-cyclical strategies;
Amendment 1 #
2013/2172(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 318 and 319 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 2 #
2013/2172(INI)
Motion for a resolution
Recital A
Recital A
A. whereas evaluation is a learning tool aimed at identifying and understanding the results and impact of a process and identifying alternatives to help in decision- making which would lead to further improvement of that process;
Amendment 3 #
2013/2172(INI)
Motion for a resolution
Recital B
Recital B
B. whereas evaluation of the Union’s financial performance is not to be confused with financial performance auditingauditing is not to be confused with evaluation, evaluation being up to the management authorities while auditing is the responsibility of auditing bodies;
Amendment 4 #
2013/2172(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in his June 2011 presentation of the Commission’s draft for the new multiannual financial framework, President Barroso called for budgetary decisions to be made ‘not through traditional headings driven by bureaucracy and constituency but in terms of facts and goals […] to make the most out of every euro spent’;
Amendment 5 #
2013/2172(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that, thanks to its focus on financial performancethe Union's finances on the basis of the results achieved, the evaluation report introduced under Article 318 TFEU complements the compliance approach developed by the Court of Auditors in Chapters 1 to 9 of its annual report and gives Parliament the opportunity, when debating whether to grant discharge to the Commission, to assess policy achievements as well as the legality of financial transactionto exercise more effectively its power of political scrutiny over the actions of the European public authorities;
Amendment 6 #
2013/2172(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the discharge is a political procedure which focuses on the implementation of the European Union budget by the Commission under its own responsibility and in cooperation with the Member States;
Amendment 14 #
2013/2172(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the Commission evaluation should serve as a source of information and inspiration forbe relevant to the Court of Auditors; asks the Court to audit the Commission’s evaluation process annually, to report on it to Parliament in its annual report and to take it into account when defining its performance audit programme;
Amendment 19 #
2013/2172(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to submit to the European Parliament and the Council the evaluation report on the Union's finances based on the results achieved, as provided for in the second paragraph of Article 318 TFEU, before 30 June of the year following the financial year which is the subject of the evaluation;
Amendment 2 #
2013/2167(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the European Convention on Human Rights and to the Charter of Fundamental Rights of the European Union, in particular Articles 10 and 22 thereof,
Amendment 34 #
2013/2167(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WhereasAffirms that the necessity to combat all forms of extremism remains a condition for the successful construction of a new international order based on widely shared universal values;
Amendment 42 #
2013/2167(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its conviction that the EU must defend its own global interests in a determined, unified manner, while always basing its policies on the promotion of the fundamental values upon which the Union is founded (namely, respect for human dignity, freedom, democracy, equality, solidarity, justice, the rule of law and respect for human rights) and on respect for other countries;
Amendment 57 #
2013/2167(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers the development of stable, liberal democracies to be a tool of peace, international cooperation and willingness to constructively tackle global issues, and considers that it is in the interest of the EU to actively promote a political culture of tolerance, openness and secularism, as well as the development of democratic institutions throughout the world;
Amendment 66 #
2013/2167(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes in particular that the democratisation of numerous states throughout the world in the past two decades, and more recently the events of the uprisings in the Arab world, have shown that the quest for democracy, human dignity and equal participation is not only a Western ideology but an important action driver within and across diverse cultural systems and religious backgrounds;
Amendment 75 #
2013/2167(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the notion of cultural and religious differences has, until now, been used repeatedly as a pretext for blatant violations of human rights, particularly by authoritarian and radical regimes;
Amendment 134 #
2013/2167(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Proposes that the religious leaders of the three Abrahamic religions (Judaism, Christianity and Islam) conduct inter- religious dialogue, in a spirit of union and diversity, for spiritual peace;
Amendment 2 #
2013/2152(INI)
Motion for a resolution
Heading 1
Heading 1
Amendment 21 #
2013/2152(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the various transitional processes, including popular uprisings, conflict and post-conflict situations, as well as trapped transitions in authoritarian countries, have posed increasing challenges tovindicate daily more and more the EU’s policies in support of human rights and democracy in the world; whereas the EU Annual Report on Human Rights and Democracy in the World in 2012 demonstrates the need for the EU to continue to develop flexible policy responses; whereas the most fundamental policy choice for the EU concerns the resilience and political determination to stay true to the founding values of the European Union in challenging times under the pressure of other policy objectives and interests;
Amendment 26 #
2013/2152(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Article 21 of the Lisbon TreatyTreaty on European Union (TEU) further strengthened the EU’s commitment to act on the international scene guided by the principles of 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 respect for the principles of the United Nations Charter and international law;
Amendment 45 #
2013/2152(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers the defence of human rights to be at the centre of EU relations with all third countriesthe rest of the world, including its strategic partners; stresses that EU human rights policy needs to be consistent in complying with the Treaty obligations and avoiding double standards in external policies;
Amendment 309 #
2013/2152(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Recalls the articles of the Universal Declaration of Human Rights stating that all human beings are born free and equal in dignity and rights and are entitled to the rights and freedoms therein without distinction of any kind, including culture, race, colour, sex, language, religion, social origin, birth or other status; reiterates its call for the EU to combat discrimination and intolerance as a key part of its human rights policy, and to base this policy on an inclusive and comprehensive definition of non-discrimination; emphasises that respect for the rights of minorities is a crucial element for peace, development and democracy; welcomes and further encourages EU engagement with the United Nations and regional organisations in this cause;
Amendment 317 #
2013/2152(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Stresses that the right to freedom of thought, conscience, religion or belief, as encapsulated in Article 18 of the Universal Declaration on Human Rights and other international human rights instruments, is a fundamental human right, encompassing the right to believe or not to believe, and the right to adopt, change and, abandon a beliefor return to a belief or faith of one’s choice;
Amendment 319 #
2013/2152(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Condemns in the strongest terms discrimination, intolerance, violence and killings on grounds of religion or belief, wherever and to whomever they occur; is particularly concerned about the threat of increasing sectarianism along religious lines in certain countries such as Egypt and Syria as an impediment to long-lasting peace and reconciliation; condemns in the strongest terms all discrimination, intolerance, violence and killing of minorities, including religious minorities;
Amendment 7 #
2013/2148(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the ASEAN Economic Community aims to create an internal market for 600 million people by 2015, which will makeallow ASEAN with its competitive economic operators andto structure itself as a major economic region and make its fast growing internal demand comparable to other large markets in the world, such as the EU, the United States, China, Japan, and India;
Amendment 17 #
2013/2148(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas global multilateral trade negotiations in the World Trade Organisation are in a difficult situation, and whereas bilateral agreements are proliferating;
Amendment 42 #
2013/2148(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to issue a communication on the coherence of EU trade policy in Asia, in particular with regard to agreements with ASEAN Member States, the EU-US negotiations which have just begun, the ongoing negotiations or treaties concluded with Latin American countries, the negotiations on the Trans-Pacific Strategic Economic Partnership, which includes the ASEAN countries, etc.;
Amendment 21 #
2013/2134(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Commission’s country- specific recommendations (CSRs) contain some useful insights, but on the whole fail to convinceneed to be precisely defined for some Member States and in terms of the balance of the policy prescriptions across policy areas;
Amendment 234 #
2013/2134(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Regrets the fact that the Council position on the country-specific recommendations proposed by the Commission was not made public in real time; regrets the fact that the European Council’s deliberations on the Council position on the country-specific recommendations were not made public in real time;
Amendment 16 #
2013/2132(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that fraud is an act of intentional wrongdoing and a criminal offence, while an irregularity is a failure to comply with a rule; regrets that the Commission’s report fails to consider fraud in detail and deals with irregularities very broadly; points out that Article 325 of the Treaty on the Functioning of the European Union (TFEU) relates to fraud, not irregularities, and calls for a distinction to be made between fraud and errors or irregularities;
Amendment 22 #
2013/2132(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Proposes looking into the possibility of setting up a team of European customs officials specialised in combating fraud to work alongside national customs authorities;
Amendment 37 #
2013/2132(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recommends that the staff of the European institutions be required, without delay and without any question of their responsibility being called into question as a result, to notify OLAF of any frauds which have come to their attention in the fulfilment of their duties;
Amendment 40 #
2013/2132(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for corruption with an impact on the financial interests of the European Union to be considered as fraud for the purposes of Article 325(5) TFEU and to be included in the Commission’s annual report on the protection of the European Union’s financial interests - fight against fraud;
Amendment 1 #
2013/2131(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EIB was set up by the Treaty of Rome with the dual role of being the bank of the European Union as well as a policy-driven bank, with the aim of helping to realise the Union's priorities byand, under Article 309 TFEU, its task is to contribute, by having recourse to the capital market and utilising its own resources, to the balanced and steady development of the internal market in the interest of the Union. It selectings, economically valuableuseful projects for investment by the EU;
Amendment 4 #
2013/2131(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the Member States have failed to pay into the EIB account EUR 220.7 billion of a subscribed share capital of EUR 242.4 billion;
Amendment 5 #
2013/2131(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the EIB to report to Parliament on the consistency of this capital increase with the failure of the Member States to pay up EUR 220.7 billion of a subscribed share capital of EUR 242.4 billion;
Amendment 11 #
2013/2131(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regards the Compact for Growth and Jobs as an importantnadequate response to the challenges facing the EU, noting that the EIB capital increase and an enhanced recourse to joint Commission-EIB risk sharing instruments, coupled with synergies between EIB and EIF specialised activities, are key elements for its success;
Amendment 12 #
2013/2131(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the EIB to focus its financing on projects with proven high economic rates of return, which ensure that individual investment projects that contribute strongly to economic growth;
Amendment 15 #
2013/2131(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls the conclusions of the European Council 14 and 15 March 2013 calling on the Commission, together with the EIB, to present in June 2013 a report on the opportunities and targeted priorities to be identified through the implementation of the Pact for Growth and Employment, especially with regard to infrastructure, energy efficiency and efficient use of resources, the digital economy, research and innovation and SMEs and calls, on the basis of this report, for a political debate in the European Parliament to be attended by with the Presidents of the European Council, the Commission and the European Investment Bank;
Amendment 75 #
2013/2131(INI)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71a. Reiterates its proposal for the European Union to become a member of the EIB;
Amendment 84 #
2013/2131(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Considers it to be fundamental that the EIB maintains its triple A rating as it enabled it to borrow EUR 71 billion on the international capital markets in 2012; considers that while maintaining the triple A rating is an essential ‘asset’ when it comes to preserving the EIB’s financial strength and capacity to inject money in the real economy, this should not lead to the financing of certain projects being waived or replaced at favourable rates; encourages the EIB also to research higher-value-added projects with higher risk;
Amendment 86 #
2013/2131(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Recalls and stresses, as in previous years, the necessity for prudential banking supervision of the EIB to be carried out by European Central Bank, in the framework of the future Banking Union; invites, once more, the Commission to make a proposal in this regardand calls for a legal study into ways of finding a possible solution;
Amendment 87 #
2013/2131(INI)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
Amendment 36 #
2013/2130(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its invitation to the European Council to clarify, in a timely manner and before the elections, how it intends to honour the Europeans citizens’ choice in the appointment of thewill take account of the elections to the European Parliament when putting forward a candidate for President of the Commission, in the framework of consultations to be conducted between Parliament and the European Council under Declaration 11 annexed to the Treaty of Lisbon;
Amendment 46 #
2013/2130(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is of the opinion that the elected President of the Commission should act more autonomously in the process of selecting the other Members of the Commission; calls upon the governments of the Member States to each propose a list of at least three candidates for the office of European Commissioner, allowing the elected President of the Commission to choose one of the candidates from that list; urges the newly elected President of the Commission toProposes that the newly elected President of the Commission should insist with the governments of the Member States that the list of candidates for the office of Commissioner must enable him to ensure the gender-balanced composition of the European Commission;
Amendment 64 #
2013/2130(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that, in a future revision of the Treaties, the majority currently required under Article 234 TFEU for a motion of censure against the Commission should be simplified so as to require only a majority of the component Members of the European Parliament;
Amendment 115 #
2013/2130(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Calls for Article 15(6)(d) of the Treaty on European Union, under which the President of the European Council is required to present a report to Parliament after each European Council meeting, to be duly observed; proposes that the President of the European Council should prepare European Council meetings together with Parliament;
Amendment 116 #
2013/2130(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Calls on the European Council and the Council to lay down in their rules of procedure, after consulting Parliament, the conditions under which they shall be heard by Parliament, in accordance with Article 230, paragraph 3 of the Treaty on the Functioning of the European Union (TFEU);
Amendment 57 #
2013/2129(INI)
Motion for a resolution
Recital C
Recital C
C. whereas for many European countries the end of the Second World War did not lead to full freedom; whereas for many years after the war Europe was divided, and its central and eastern parts not fully liberated until after 1989, when the opportunity presented itself for genuine integration across the entire continent; whereas also the wars in the lands of the former Federal Socialist Republic of Yugoslavia between 1991 and 2001 meant that the peoples concerned could not rediscover freedom at the same time as the countries of Central and Eastern Europe, and this delayed their chances of integration into the European family;
Amendment 67 #
2013/2129(INI)
Motion for a resolution
Recital D
Recital D
D. whereas no one could claim that the trauma of 1939-45 must cannot be allowed to be repeatedrepeated, or another hate-based situation arise, and in that regard remembering and accurately portraying the past is of vital importance; whereas, also, the acceptance of historical lies or the denial of difficult episodes in history can lead to xenophobia and hatred; whereas the claim made for many years that the Katyń massacre was a German crime is a classic example of a historical lie;
Amendment 175 #
2013/2129(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly condemns all crimes against humanity and the totalitarian regimes which left a bloody stain on oEuropean history;
Amendment 309 #
2013/2129(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of EU funds in promoting historical memory; notes that such funds should be used for projects linked to history education, promotion, research, archiving and digitisation and historical sites;
Amendment 5 #
2013/2112(INI)
Motion for a resolution
Recital A
Recital A
A. whereas labour inspection plays an important role in protecting employees’ rights, preventing abusive practices on the part of employers and promoting fair and socially responsible economic growth inasmuch as it helps to ensure that wages are actually paid and social security contributions are made, thus increasing tax revenue and the inflow of money to social security systems and ensuring that employees are covered for sickness, accidents at the work place, pensions, etc.;
Amendment 14 #
2013/2112(INI)
Motion for a resolution
Recital B
Recital B
Amendment 74 #
2013/2112(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to criminaliseintroduce penalties for the non-respect of working conditions which are severe, appropriate and proportionate to the seriousness of the offence;
Amendment 155 #
2013/2112(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to introduce a European Agencyset up a special department for cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service provideractivities, the introduction of further- training programmes, the identification of new ways of circumventing the rules, and the oganisation of cross-border controls;
Amendment 1 #
2013/2097(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Title III of the Treaty on the Functioning of the European Union concerning, in particular, agriculture,
Amendment 2 #
2013/2097(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to Article 174(3) of the Treaty on the Functioning of the European Union concerning, in particular, mountain regions,
Amendment 38 #
2013/2093(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Asks the Commission to supplement its Action Plan with a set of actions aimed at supporting the independent retailer, such as: the encouragement of the ‘adopt-a- shop’ principle by which bigger retailers act as ‘mentors’ to smaller shops in their immediate vicinity; the promotion of groups of independent retailers, including co-operatives, which benefit from mutual assistance and certain economies of scale, whilst retaining their full independence; respect for the right of local and regional authorities to stimulate in certain shopping areas (e.g. the ‘high streets’) a climate favourable to small, independent shops by lowering energy rates and rents via public- private partnerships, by introducing business rate discounts on local charges for small businesses and independent retailers and by promoting co-operation between the various shops in that area; supports the idea of a dematerialised shopping arcade grouping together independent retailers from the same customer catchment area which can be accessed remotely by customers via a secure internet link and may offer a home delivery service; supports street trading in rural areas;
Amendment 57 #
2013/2093(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls the importance of the proper implementation of existing social and labour legislation; regrets the existence of a high degree of undeclared work, which involves a high level of tax evasion and prevents the establishment of a level playing field between traders in the internal marketcalls for equal treatment for commercial operators in the internal market in order to combat undeclared work and tax and social fraud;
Amendment 92 #
2013/2093(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to give support to chambers of commerce and commercial organisations sector by sector in order to maintain the dialogue with the retail sector;
Amendment 18 #
2013/2079(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that CCS deployment is needed for the EU to meet its 2050 low- carbon aspirations at least cost; affirms the urgent need to develop a range of full- chain CCS flagship projects; appreciates that instruments in addition to the EU ETS are needed to drive forward their development; Or. fr (It is unecessary to set a deadline for something that is a general principle)
Amendment 60 #
2013/2079(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to proposeconsider creating an EU Industrial Innovation Fund from the sale ofInvestment Fund from around 600m allowances from the EU ETS to support the development of CCS flagship projects, other innovative low-carbon technologies, and measures to reduce CO2 emissions from energy- intensive industries;
Amendment 70 #
2013/2079(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that longer-term CCS support should be derived principally from the production and import of the fossil fuels responsible for the release of CO2; calls on the Commission to propose the introduction from 2020 of a system requiring the purchase of CCS certificates proving the storage or treatment of CO2 in proportion to that embedded within their products;
Amendment 116 #
2013/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Fully accepts that any accidental release of CO2 from a storage site must be prevented, but believes that Member States must share the liability once they have authorised a storage site and approved the conditions for its use; insists that the details of; insists that such liability should be a matter for negotiation between potential operators and the competent authority;
Amendment 140 #
2013/2079(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the various initiatives to make use of CO2 in ways that reduce overall emissions into the atmosphere; calls in particular for the Commission urgently to assess the potential for the use of CO2 to enhance oil and gas recovery within the EU; calls on the Commission to develop research into photosynthesis;
Amendment 4 #
2013/2077(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that legislation proposed and adopted at the European level should be simple, easy to understand and accessible to all; recognises that the economic crisis has put increased strain on the resources of national administrations, and businesses; believes that a commitment towards producing clear and easily transposable legislation would help alleviate some of this stress;
Amendment 10 #
2013/2077(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that an effective approach towards the challenges of better lawmaking, in terms of both existing laws and prospective legislation, will help the European institutions respond to the crisis; considers that the reform of European legislation and legislative practices is an essential tool in delivering growth and competitiveness in Europe; is concerned about the risk of a significant increase in the number of delegated acts and about the limited means by which the European Parliament can exercise parliamentary scrutiny over such acts;
Amendment 16 #
2013/2077(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that the Commission’s impact assessments attempt to cover a wide and comprehensive range of potential impacts, but believes that the system could still be strengthened in a number of ways; in this regard, is encouraged by the Commission’s decision to update, consolidate and revise its Impact Assessment Guidelines by June 2014, and reserves the right to make a detailed contribution setting out potential improvements to those guidelines in the coming months; insists that these impact assessments, which are vital in shaping public and political opinion, should uphold the principle of multilingualism;
Amendment 20 #
2013/2077(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to Protocol No 2 to the Treaty on the Functioning of the European Union concerning the application of the principles of subsidiarity and proportionality, in particular Articles 4, 6 and 7 thereof,
Amendment 24 #
2013/2077(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that legislation proposed and adopted at the European level should be simple, easy to understand and accessible to all; recognises that the economic crisis has put increased strain on the resources of national administrations, and businesses and economic operators; believes that a commitment towards producing clear and easily transposable legislation would help alleviate some of this stress;
Amendment 32 #
2013/2077(INI)
Motion for a resolution
Paragraph 8 – indent 1
Paragraph 8 – indent 1
Amendment 33 #
2013/2077(INI)
Motion for a resolution
Paragraph 8 – indent 1 a (new)
Paragraph 8 – indent 1 a (new)
– proposes forwarding the reasoned opinions of national parliaments, which are sent under Article 6 of Protocol No 2 annexed to the TEU and the TFEU, to the co-legislators without delay;
Amendment 35 #
2013/2077(INI)
Motion for a resolution
Paragraph 8 – indent 2 b (new)
Paragraph 8 – indent 2 b (new)
– proposes that the Commission should send an annual report to national parliaments and to the European Parliament summarising the application of the procedures referred to in Article 7 of Protocol No 2 annexed to the TEU and the TFEU;
Amendment 43 #
2013/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply concerned at the fact that persistently weakvery difficult economic conditions are becoming the norm in many Member States in Europe, creating overwhelming discontent among European citizens and therefore jeopardising the whole European project;
Amendment 60 #
2013/2076(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the three-year LTRO settled on March 2012 contributed to stabilising the banking system, but that this should be a temporary measure; notes that, despite the liquidity injected into the banking system by the LTRO, the credit available to the real economy is still below pre-crisis levels; suggests that it would be appropriate for the ECB to reduce its deposit facility rate to negative values in order to encourage banking lending to the real economythe maximum extent possible;
Amendment 66 #
2013/2076(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 92 #
2013/2076(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the setting-up of the OMTs, with no ex ante quantitative limits, in order to safeguard monetary policy transmission, but deplores the decision to link the activation of the OMT to strict conditionalities attached to an EFSF/ESM programme; calls on the ECB to activate OMTs independently from strict conditionalitythe European Financial Stability Fund / European Stability Mechanism (EFSF/ESM) programme;
Amendment 113 #
2013/2076(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the monetary policy tools that the ECB has used since the beginning of the crisis, while providing a welcome relief in distressed financial markets, have revealed their limits as regards stimulating growth and improving the situation on the labour market; considers, therefore, that the ECB could investigate the possibilities of implementing new unconventional measures aimed at participating in a large, EU-wide pro-growth programme, including the use of the Emergency Liquidity Assistance facility to undertake an ‘overt money financing’ of government debt in order to finance tax cuts targeted on low-income households and/or new spending programmes focused on the Europe 2020 objectives;
Amendment 138 #
2013/2076(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it necessary to review the Treaties and the ECB’s statutes in order to establish price stability together with full employmentsupport for the general economic policies of the Union as the two objectives, on an equal footing, of monetary policy in the eurozone;
Amendment 153 #
2013/2076(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Argues that the conduct of monetary policy should be democratic and should result from deliberation between different viewpoints and approachesmonetary policy, while still being conducted in an independent manner, should not be indifferent to the democratic opinions expressed by the European Parliament, the European Council or the Council;
Amendment 167 #
2013/2076(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Invites the ECB to pay more attentionnot to be indifferent to the contractionary effects on GDP, employment and social welfare created by austeritybudgetary discipline policies carried out by national governments in the framework of Economic Assistance Programmes involving the ECB;
Amendment 194 #
2013/2076(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the European Banking System is still fragile and needs to be reformed in structural terms and consolidated through the development of a true single banking unionsupervisory mechanism;
Amendment 198 #
2013/2076(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the progress achieved on the negotiations on the Single Supervisory Mechanism (SSM) regulation conferring on the ECB the power of supervision over eurozone credit institutions; believes the setting-up of the SSM will contribute to severing the link between banks and sovereigns and will help develop a common European approach to crisis management; regrets that the SSM was not chosen for the supervision of the European Investment Bank (EIB);
Amendment 218 #
2013/2076(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers it urgent to approve the establishment of a European Resolution System for credit institutions and other financial establishments in order to protect depositors and prevent further banking crises; proposes that a European Resolution System should also be envisaged for insurance undertakings;
Amendment 240 #
2013/2076(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. IRegrets and is deeply concerned at the contemptindifference shown by the Council towards Parliament’s resolution of 25 October 2012 on the appointment of a new Member of the executive board of the ECB, and notes that due consideration should be given to both the expertise and the gender of members in the appointment of ECB top management;
Amendment 2 #
2013/2075(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the equivalent of EUR 1.6 trillion was granted in State aid to banks in the EU in the period 2008 until the end of 2011, and that State aid was generally provided by subscribing to debt or guarantee issues or, in exceptional cases, in the form of a grant;
Amendment 1 #
2013/2053(INI)
Motion for a resolution
Title
Title
on the opinion on the evaluation report regarding BEREC (Body of European Regulators for Electronic Communications) and the Office (SWD(2013)0152 – 2013/2053(INI))
Amendment 7 #
2013/2053(INI)
Motion for a resolution
Recital C
Recital C
C. whereas only a short period of time has passed since BEREC and the BEREC Office were created;Does not affect the English version
Amendment 16 #
2013/2053(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the BEREC Office is located in Riga, Latvia, while Brussels is the place where most of the relevant regulatory decisions are taken, but much of its work can be carried out by teleworking, using electronic communications;
Amendment 19 #
2013/2053(INI)
Motion for a resolution
Recital K
Recital K
K. whereas most of the Expert Working Group meetings were held in Brussels or hosted by an NRA, and videoconferencing should be developed;
Amendment 47 #
2013/2053(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recommends that greater use be made of teleworking, videoconferencing and other remote working techniques enabled by electronic communications, in order to cut costs and reduce the carbon footprint;
Amendment 52 #
2013/2053(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the location of the BEREC Office can beis not a barrier to following the day-to-day work of the European institutions on electronic communications, which is a matter of special interest to BEREC, and that it will not hampers the efficient use of the BEREC Office provided that greater use is made of electronic communications strategies;
Amendment 7 #
2013/2052(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas in October 2010 Malaysia joined the Trans-Pacific Partnership (TPP), established in 2005 with a view to concluding a free-trade agreement which could have major consequences for EU trade policy; whereas the negotiations conducted by the TPP took a hugely important turn with the accession of the United States in February 2008, Mexico in June 2012 and Canada in October 2012;
Amendment 13 #
2013/2052(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Malaysia has to hoeld parliamentary elections ion April or5 May 2013;
Amendment 3 #
2013/2017(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Wishes to know the approximate amount of unused payment appropriations from the period 2007 – 2013, in particular for the final year, 2013, and to this end asks the Commission to provide a financial statement on the take-up of payment appropriations under the current financial perspectives for 2007-2013, indicating the amounts provided for and committed for the period 2007-2012; take- up shortfall; amounts still to be committed and all financial information regarding the utilisation of payment appropriations;
Amendment 15 #
2013/2017(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists that the major EU infrastructure projects (such as Galileo, ITER and Copernicus) must be financed outsidever and above the MFF budgetceilings and insists that no EU funds must be used to cover additional cost overruns or to cover the costs of the ITERthe funding and successful implementation of other EU programmes should not be threatened by possible cost overruns of these large-scale projects;
Amendment 19 #
2013/2017(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes that better governance and coordination of spending between the EU and, the Member States and the regions is needed in order to implement the EU 2020 strategy; calls for optimal use of existing EU financing with a focus on EU added value, effective streamlining and leveraging effects; asks for the European Semester process to monitor investments in research, monitor investments in research, innovation, industrial policy and SMEs.
Amendment 61 #
2013/2015(DEC)
Motion for a resolution
Paragraph 208
Paragraph 208
208. Welcomes the Court of Auditors’ Special Report No 9/2012, and endorses the Court of Auditors’ conclusions; finds it regrettable, however, that audit visits were made to only six Member States, even allowing for the fact that these were the countries most directly concerned;
Amendment 69 #
2013/2015(DEC)
Motion for a resolution
Paragraph 214 a (new)
Paragraph 214 a (new)
214a. Expresses its surprise and disquiet at the Court of Auditors’ finding that Member States’ competent authorities have been failing to document, or have not sufficiently documented, the approval and supervision procedures applied to control bodies in order to ensure compliance with regulatory requirements; calls for the national parliaments, whose task it is to exercise control over the Member States’ governments, to be informed of this finding;
Amendment 70 #
2013/2015(DEC)
Motion for a resolution
Paragraph 215
Paragraph 215
215. Emphasizses that the independence of the control bodies, public authorities included, is crucial to maintaining the reputation of the organic label;
Amendment 71 #
2013/2015(DEC)
Motion for a resolution
Paragraph 218 a (new)
Paragraph 218 a (new)
Amendment 1 #
2013/2006(INI)
Motion for a resolution
Title
Title
on reindustrialising Europe to promoteing competitiveness and sustainabilitin support of sustainable industry
Amendment 42 #
2013/2006(INI)
Motion for a resolution
Subheading 1
Subheading 1
Amendment 52 #
2013/2006(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission’s interest in producers, in particular industrial producers, and not just in consumers;
Amendment 54 #
2013/2006(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the Europe’s futurean Union’s industrial strength lies in a Renaissance of Industry for a Sustainable Europe (RISE) strategy that pursues technological, businessfinancial, business, environmental and social innovation towards a third industrial revolution including a low-carbon modernisation offensive; argues that RISEthat strategy will create new markets, business models and creative entrepreneurs, new jobs and decent work, bringing an industrial renewal with economic dynamism, confidence and competitiveness; believes that energy and resource efficiency are key pillars of such a strategy;
Amendment 78 #
2013/2006(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that RISEthis industrial strategy must be embedded in an ecological and soci social and ecological market economy in accordance with the principles of fair competition, the internalisation of externalities and environmentally conscious Ordnungspolitik; states that Europe´s future industrial competitiveness in the European Union must be guided by the vision of sustainability;
Amendment 91 #
2013/2006(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that RISEthis industrial strategy needs a long-term framework based on clear targets, indicators and a life-cycle and circular economy approach that steers investments into creativity, skills, innovation, sustainable technologies and promotes modernisation of Europe’s industrial base through a value chain-conscious policy that also includes the basic industries;
Amendment 100 #
2013/2006(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that industrial policy (IP) must tackle the grand societal challenges set out in the Europe 2020 strategy and must be effectively integrated into the European Semester process;
Amendment 110 #
2013/2006(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that RISEthis industrial strategy must follow ambitious and realistic industrial targets; notes that the headline 20 % target would necessitate creating 400 000 new industrial jobs per annum; proposes that the 20 % target should be seen as a directional goal aligned with the EU´s 20/20/20 goals;
Amendment 115 #
2013/2006(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expects that RISEthis industrial strategy could repatriate manufacturing to the EU, paying attention to supply chain management and specific regional manufacturing cultures;
Amendment 120 #
2013/2006(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that RISEthis industrial strategy will only succeed if underpinned by an adequate macroeconomic framework and the necessary budgetary resources in order to leveencourage private investment; demands, in this context, a European green growth strategy., and deplores the Council’s cuts to , endorsed by the European Council, to multiannual financial framework (MFF) heading 1A;
Amendment 135 #
2013/2006(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Applauds the Commission’s transversal approach to IP; holds that RISEthis industrial strategy should follow a horizontal rather than vertical IP concept; believes that sector-specific measures must as a rule be connected to sectoral specialisation promoting high-tech and high-value added strategies;
Amendment 139 #
2013/2006(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Agrees with the Commission that IP must have an effective, integrated governance structure including monitoring and superviion of activities; recalls the EP’s recommendation in the Lange report on industry to establish a permanent Commission IP task force of relevant DGsdirectorates-general; asks the Commission to report annually to EP on the progress of RISEthis industrial strategy; stresses that RISE needs an alliance of stakeholders from industry, trade unions, academia, and civil society; calls on the Commission to make full use of Article 173(2) of the Treaty to advance RISEthis industrial strategy;
Amendment 146 #
2013/2006(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Holds that RISEthis industrial strategy must be geared towards kickstarting investment flows in Europe’s souththroughout the European Union, and in particular in regions which have deindustrialised in recent years, so as to reinvigorate growth, particularly through smart specialisation and the formation of clusters, including transnational clusters;
Amendment 158 #
2013/2006(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Commends Vice-President Tajani’s work in coordinating IP more closely with the Competitiveness Council; stresses that RISEthis European industrial strategy has to be coordinated with the IPstrategies of the Member States;
Amendment 217 #
2013/2006(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the importance of connecting with EU expatriate communities, encouraging them to use their knowledge and contacts for business opportunities in the EU;
Amendment 220 #
2013/2006(INI)
Motion for a resolution
Subheading 3
Subheading 3
Completing the internal market and opening external markets for RISEthe industrial strategy;
Amendment 243 #
2013/2006(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Commission’s intention to develop a horizontal action plan to boost demand for innovative goods and services; calls on the Commission to usetake into account the environmental footprint to set sustainability and efficiency benchmarks for products;
Amendment 274 #
2013/2006(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to harness the powereffectiveness of the internet in its work on market surveillance, allowing people to participate by providing feedback on products;
Amendment 278 #
2013/2006(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that the current IPR regime is not favouring innovation; believes that increaIPRs are an essential component of sound industrial policy becaused transparency, innovative management and licensing practices can bring faster market solutionshey foster innovation and research; welcomes the progress made in the area of the European patent;
Amendment 323 #
2013/2006(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Acknowledges the importance of the TTIP undertakingrade and investment partnerships; advocates that it should endeavour to phase out fossil fuel subsidies; advocates newly defining the likeness of products by distinguishing them on the basis of their carbon footprint;
Amendment 369 #
2013/2006(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Calls on the Commission to produce a non-costed study of competitiveness factors for the various industrial activities conducted within the EU (delivery times, patents, product quality, after-sales service, quality of transport, energy and IT infrastructure networks, etc.), as compared with those in other parts of the world; calls for the Commission to conduct an ongoing analysis of the EU’s macro-economic competitiveness, with particular reference to transport, energy and IT infrastructure networks, and to produce studies on the long-term funding for new or existing infrastructure that is required in order to ensure that the EU remains competitive;
Amendment 376 #
2013/2006(INI)
Motion for a resolution
Subheading 5
Subheading 5
Winning the skills and labour force for RISEan industrial strategy
Amendment 380 #
2013/2006(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Stresses that RISEan industrial strategy is an opportunity for stable employment with good jobs and decent pay; emphasises the indispensable partnership with stakeholders, especially social partners and youth organisations, in the context of integrating the young into the workforce; calls on the Commission and the Member States to intensify social dialogue; calls on the Commission to promote the role of the social partners at its level, taking due account of the differences between the various national systems; calls on the social partners to engage in dialogue at EU level wherever possible, with a view to establishing contractual relations, including agreements, and to implement such agreements in accordance with Article 155 of the Treaty on the Functioning of the European Union (TFEU);
Amendment 391 #
2013/2006(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Notes that RISEthis industrial strategy will require more and better access to training, lifelong learning, fit-for-the-future vocational training and university education, a strong emphasis on the STEM fields, entrepreneurship support and an adequate social safety net together with a second-chance policy;
Amendment 421 #
2013/2006(INI)
Motion for a resolution
Paragraph 53
Paragraph 53
53. Highlights that Member States with strong vocational training systems have had relatively robust employment markets during the crisis; invites all Member States to examine and introduce such systems together with the social partners; notes the challenge of harmonising the ECVET with the ECTSuropean Credit System for Vocational Education and Training (ECVET) with the European Credit Transfer and Accumulation System (ECTS);
Amendment 430 #
2013/2006(INI)
Motion for a resolution
Paragraph 56 a (new)
Paragraph 56 a (new)
56a. Proposes that the agenda of a future Tripartite Social Summit for Growth and Employment under Article 152 of the Treaty on the Functioning of the European Union include an item on factoring into the cost price the convergence of minimum social standards;
Amendment 439 #
2013/2006(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Highlights the fact that resources and energy are at the heart of RISEindustrial strategy; advocates an affordability- sustainability-accessibility triangle approach for both;
Amendment 447 #
2013/2006(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Welcomes the Resource Efficiency Roadmap; calls on the Commission to include the waste policy goals in the European Semester and in country-by- country recommendations following examination of the National Reform Programmes; calls on the Commission to further develop sectoral benchmarks for resource efficiency, particularly for public procurement purposes; calls on the Commission to promote a 3R strategy (reduce, re-use, recycle); stresses the importance of a global certification scheme for first-treatment recycling of hazardous waste and for WEEE matewaste electricals and electronic equipment (WEEE); points out that relevant building collection and recycling schemes with appropriate funding exist in some Member States;
Amendment 478 #
2013/2006(INI)
Motion for a resolution
Subheading 7
Subheading 7
An industrial strategy for a Ssouthern RISEEurope
Amendment 2 #
2013/0542(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that, in the context of a changing world and an unprecedented crisis, Europeans, united by a shared destiny, need to be able to defend themselves and should recognise their joint strategic responsibility to take action on the international stage, and accordingly; takes the view that the Member States should in particular step up European cooperation with a view to developing world-leadingand producing highly effective military and security capabilities using the most advanced technologies, including those which draw on the latest research;
Amendment 8 #
2013/0542(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the economic and financial crisis and the cuts in the defence budgets of most Member States risk causing considerable reductions, setbacks or delays in the programmes of almost all Member States, which will probably continue to affect the European defence industry and the Union’s scientific progress in this area, and stresses that this situation risks entailing job losses in the medium and long term;
Amendment 12 #
2013/0542(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Takes the view that in order to have a permanent, competitive European defence industrial and technological base, the following are needed: autonomy in making assessments and decisions; freedom of action; security of supply; and access to technology and expertise in its use;
Amendment 24 #
2013/0542(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that it is time to put an end toromote a voluntary approach to address the fragmentation of the European defence market and industry by encouraging its consolidation as regards supply and demand, and rules and standards;
Amendment 29 #
2013/0542(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the very specific nature of defence markets should be recognised in view of the export control and anti-proliferation obligations and the strict confidentiality requirements which apply, and the fact that the number of companies supplying the market is limited and demand comes almost exclusively from governments;
Amendment 33 #
2013/0542(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the defence industry is likewise very specific in nature, given lengthy development lead-in times and the need to keep systems operational for several decades, the substantial and growing cost of programmes, and the fact that product marketing is controlled tightly by Member State governments;Does not affect the English text. Linguistic amendment to French version.
Amendment 36 #
2013/0542(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the dual-use potential of the products of the security and defence industries, particularly in the space, maritime, and civil aviviation and telecommunications fields;
Amendment 38 #
2013/0542(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the European Council to support those industrial and technological bases of the defence industry which are necessary for the production of certain equipment for which strategic autonomy and operational sovereignty needacknowledge that the European defence technological and industrial base (EDTIB) is essential in order to be retained, and to promote the recognition of industries involved in the defence sector by granting them special status, such as that of European economic defence operator, strategic autonomy in Europe;
Amendment 39 #
2013/0542(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
- having regard to the Lancaster House Treaties, and in particular the Defence & Security Co-operation Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland, signed on 2 November 2010;
Amendment 40 #
2013/0542(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Urges the European Council to give all possible support to EDTIB, and to that end first and foremost to define its scope more clearly, particularly as regards its constituent members, by conferring on them a specific status, that of economic defence operators in Europe (EDOEs);
Amendment 41 #
2013/0542(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for EDOEs to be granted that status on the grounds of the real added value, both technological and socio- economic, they bring to Europe; considers, therefore, that only these economic defence operators in Europe should benefit from European programmes;
Amendment 43 #
2013/0542(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that Europeanthe concept of economic defence operators benefiting from EU programmesin Europe should be required to meet criteria relating to jobs, scientific and technological expertise, and decision- making and production sites within the EU, with a view to their protection, and to scientific and technological expertise;
Amendment 46 #
2013/0542(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to develop their defence industrial and technological bases and centres of excellence around key technologies, and provide them with effective corporate governance mechanisms within the European Union, thus enhancing the interdependence between these facilities;
Amendment 48 #
2013/0542(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Member States and the Commission to minimise unnecessary regulatory obstacles, to improve dialogue between defence undertakings and to promote the rationalisation of these undertakings so that they can acquire the equipment best suited to their needs in terms of performance and cost;
Amendment 50 #
2013/0542(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that in this area security of supply is crucial in the event of a crisis, particularly for the key technologies in this industry;
Amendment 55 #
2013/0542(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that European Ministers of Defence agreed in November 2007 collective benchmarks to increase R&T spending to 2% of all defence expenditure and to bring European collaborative defence R&T spending to a level of 20%;
Amendment 59 #
2013/0542(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the Commission and the European Defence Agency (EDA) in their joint efforts to ensure that the results of Horizon 2020 research can feed into innovation- related research in the defence field, and to optimise synergies between civil and military applications; calls, further, for consideration to be given to ways of using public-private funding through the creation of joint undertakings, in accordance with Article 187 TFEU;
Amendment 60 #
2013/0542(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that Article 179 TFEU requires the Union to promote all the research activities deemed necessary by virtue of the Treaties;
Amendment 62 #
2013/0542(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses the need to explore cooperation and pooling opportunities in the research and innovation fields at the highest technological level and to ensure that research results in the defence field are propereffectively safeguarded in the context of a common intellectual property policy, and believes that consideration should be given to a possible role for the EDA in this area;
Amendment 66 #
2013/0542(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the importance of synergies between civilian and military research in areas with high added value; stresses that, while taking into account that certain projects have mainly civilian uses or are sovereign matters, the possibility of more effective dual use might be explored with a view to pooling costs, since these are sectors which create growth and jobs; further stresses that such synergies could also take the form of consolidating supply from private European sources to market outlets;
Amendment 67 #
2013/0542(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that a European industrial defence policy should have the aim of: optimising Member States’ capabilities by coordinating the development, deployment and maintenance of a range of capabilities, installations, equipment and services with a view to performing the full range of tasks, including the most demanding missions; strengthening Europe’s defence industry; promoting research and technology cooperation, and developing equipment cooperation programmes;
Amendment 71 #
2013/0542(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Is convinced that space plays an essential role in the defence and security sector; stresses the importance of maintaining a space industry which the excellence of this innovative and technologically advanced; high- achieving industry in order to ensure the European Union’s technological independence;
Amendment 73 #
2013/0542(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Welcomes the creation of European satellite systems such as Galileo and Copernicus; stresses that the development of a system of that kind will be a major boost to the space industry and affords an opportunity to develop a strong industrial base and specifically-n essential facet of the European defence technologyical and industrial base;
Amendment 78 #
2013/0542(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on Member States, industries and the Commission to ensure that IT components and computer programmes are designed and made in the EU so that they are less vulnerablin accordance with specifications which meet EU requirements for resistance to cyber attacks;
Amendment 86 #
2013/0542(INI)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission and the Member States to take cyber-security issues into account as a matter of course in existing or future European civilian and military programmes (Galileo, Copernicus, Single Sky/Sesar, etc.);
Amendment 87 #
2013/0542(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Believes that it is vital to ensure that optimum use can be made of European defence equipmentMember States’ defence capabilities in joint operations;
Amendment 89 #
2013/0542(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Notes the importance of interoperability and emphasises that standardisation will have a positive impact on the competitiveness of the European defence industry and, on the effectiveness of equipment and on maintenance and operational cost levels;
Amendment 91 #
2013/0542(INI)
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Commission’s proposals on standardisation, and calls on the European Council to note them and put forward concrete proposals in this area;
Amendment 93 #
2013/0542(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Believes that the EU defence industry should be the most innovative in the world in bomaintain a high level of innovation in both military and civilian terms, in order to respond to all the threats and challenges the Member States and the EU will have to face in the years to come by making use of the military andost promising technological advances, whether developed specifically for defence or for civilian termpurposes;
Amendment 96 #
2013/0542(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Calls on the European Council, without taking on a legislative role, to give the EU the impetus it needs and to lay down guidelines and overarching political priorities for strengthening the European defence technological and industrial base (EDTIB), which will beis an essential instrumental in for giving the people and citizens of Europe, who are united by a shared destiny, a guarantee of peace, and will place Europe in the strongest possible position in the world so that it can live by and promote their valuesso that they can stand up for Europe’s values and its position in the world.
Amendment 25 #
2013/0445(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 50 #
2013/0445(NLE)
Proposal for a regulation
Recital 21
Recital 21
(21) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may precludview of the specific nature and the current status of the Joint Undertakings, and in order to ensure continuity with the 7the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Framework Programme, the Joint Undertakings should continue to be subject to a separate discharge. By way of derogation from Articles 60(5)7) and 209 of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 of Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies that the accounts of the S2R Joint Undertaking should not be subject to examinatiodischarge for the implementation of the budget of the S2R Joint Undertaking should therefore be given by the European Parliament on the recommendation of the Council. Hence, the reporting requirements set out in Article 60(5) should not apply to the contribution of the Union to the S2R Joint Undertaking but they should be aligned to the extent possible to the ones foreseen for bodies under Article 208 of Regulation (EU, Euratom) No 966/2012. The auditing of accounts and of the legality and regularity of the underlying transactions should be undertaken by the Court of Auditors.
Amendment 71 #
2013/0445(NLE)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The maximum Union financial contribution to the Shift2Rail initiative shall be EUR 450 million, including EFTAthe contributions from the Member States of the European Free Trade Association (EFTA), paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme, in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation. This amount includes:
Amendment 80 #
2013/0445(NLE)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 82 #
2013/0445(NLE)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the S2R Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff or members of the Governing Board in the performance of their duties.
Amendment 88 #
2013/0445(NLE)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. TBy way of derogation from Articles 60(7) and 209 of Regulation No 966/2012, the discharge of the budget implementation with regard to the Union contribution to the S2R Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with the procedure provided for in Article 319 of the Treaty.the financial rules of the S2R Joint Undertaking
Amendment 92 #
2013/0445(NLE)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to clause 19(4) of the Statutes set out in Annex I, tThe S2R Joint Undertaking shall grant Commission staff and other persons authorised by the S2R Joint Undertaking or the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits.
Amendment 93 #
2013/0445(NLE)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result.
Amendment 95 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 1 – point 1
Annex 1 – part 1 – point 1
1. 'Associated Member' means a legal entity or a grouping or consortium of legal entities, established in a Member State or in a country associated to the Horizon 2020 Framework Programme, that has been selected according to the procedure set out in clause 4(2), that fulfils the conditions set out in clauses 4(3) and 4(4), and that has accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for its governance;
Amendment 96 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 1 – point 2
Annex 1 – part 1 – point 2
2. 'Founding Member other than the Union' refers to the contributors listed in Annex II, having individually committed to an own contribution of at least EUR 30 million for the duration of the S2R Joint Undertaking and accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for its governance;
Amendment 102 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 1 – point 3 – point c
Annex 1 – part 1 – point 3 – point c
(c) Cost-efficient and Reliable High CapacityTrains, including High Capacity Trains and High Speed Infrastructure;
Amendment 113 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 3 – point 1 – point b
Annex 1 – part 3 – point 1 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsement, following a decision by the body responsible for its governance, the Founding Members of the S2R Joint Undertaking other than the Union, listed in Annex II to this Regulation, as well as the Associated Members to be selected in accordance with clause 4. These members shall jointly be referred to as the members other than the Union.
Amendment 114 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 3 – point 1 – point b
Annex 1 – part 3 – point 1 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsement following a decision by the body responsible for its governance, the Founding Members of the S2R Joint Undertaking other than the Union, listed in Annex II to this Regulation, as well as the Associated Members to be selected in accordance with clause 4. These members shall jointly be referred to as the members other than the Union.
Amendment 115 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 3 – point 2 a (new)
Annex 1 – part 3 – point 2 a (new)
2 a. Should any member of S2R be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting member's membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 116 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 2
Annex 1 – part 4 – point 2
2. The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call. The first call for Associated Members shall be launched within three months at the latest following the establishment of the S2R Joint Undertaking. Any additional calls shall be driven by the need for key capabilities to implement the S2R Master Plan. All calls shall be published on the S2R websi launched by the Commission and subject to a transparent evaluation by the Governing Board. This evaluation selection shall take into account, inter and communicated through the States Representatives Grouplia, the relevance and other channels in order to ensure the widest possible participation in the interest of the achievement of the objectives of the S2R Master Plan. The S2R Joint Undertaking shall encourage the participation of SMEs, and of actors from the entire rail value chain, as well as from outside the traditional rail sector potential added value of the applicant for the achievement of the objectives of the S2R Joint Undertaking, the financial soundness of the applicant, and any potential conflicts of interest regarding the objectives of S2R.
Amendment 117 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 2
Annex 1 – part 4 – point 2
2. The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call. The first call for Associated Members shall be launched within three months at the latest following the establishment of the S2R Joint Undertaking. Any additional calls shall be driven by the need for key capabilities to implement the S2R Master Plan. All calls shall be published on the S2R website and communicated through the States Representatives Group launched by the Commission and subject to a transparent evaluation by the Governing Board. This evaluation shall takes into account, inter alia, the relevance and other channels in order to ensure the widest possible participation in the interest of the achievement of the objectives of the S2R Master Plan. The S2R Joint Undertaking shall encourage the participation of SMEs, and of actors from the entire rail value chain, as well as from outside the traditional rail sector potential added value of the applicant for the achievement of the objectives of the S2R Joint Undertaking, the financial soundness of the applicant, and potential conflicts of interest regarding the objectives of S2R.
Amendment 118 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 2 a (new)
Annex 1 – part 4 – point 2 a (new)
2 a. Taking into account the results of the evaluation, the Commission shall make the final decision with a view to ensuring geographical balance, as well as balanced participation of SMEs, of the research community and of actors from the entire rail value chain, including from outside the traditional rail sector.
Amendment 119 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 2 a (new)
Annex 1 – part 4 – point 2 a (new)
2 a. Taking into account the results of the evaluation, the Commission shall make the final decision with a view to ensuring geographical balance, as well as balanced participation of SMEs, of the research community and of actors from the entire rail value chain, including from outside the traditional rail sector.
Amendment 122 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 5
Annex 1 – part 4 – point 5
5. Any member may terminate its membership to the S2R Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the S2R Joint Undertaking prior to terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and S2R.
Amendment 123 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 6
Annex 1 – part 4 – point 6
6. Membership of the S2R Joint Undertaking may not be transferred to a third party without the prior and unanimous agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 126 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 6 – paragraph 1 – point c
Annex 1 – part 6 – paragraph 1 – point c
(c) at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). TheseAssociated Member fulfilling, as a single legal entity, the criteria listed in clause 1(2) shall be represented in the Governing Board. The other representatives wishall be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors from the entire rail value chain, as well as from outside the traditional rail sector.
Amendment 127 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 6 – paragraph 1 – point c
Annex 1 – part 6 – paragraph 1 – point c
(c) at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). TheseAssociated Member fulfilling, as a single legal entity, the criteria listed in clause 1(2) shall be represented in the Governing Board. The other representatives wishall be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors from the entire rail value chain, as well as from outside the traditional rail sector.
Amendment 141 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 9 – point 1
Annex 1 – part 9 – point 1
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The European Parliament shall be entitled to object.
Amendment 161 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 19 – point 2 – introductory part
Annex 1 – part 19 – point 2 – introductory part
2. By 15 February of eachWithin two months of the closure of each financial year, the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the S2R Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. That report shall include, inter alia, information on the following matters:
Amendment 162 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 19 – point 2 – point c a (new)
Annex 1 – part 19 – point 2 – point c a (new)
(c a) (a) progress towards the achievement of the S2R objectives (as defined in Article 2(2)) and proposals for further necessary work to achieve these objectives.
Amendment 163 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 19 – point 3
Annex 1 – part 19 – point 3
Amendment 166 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 19 – point 4 – introductory part
Annex 1 – part 19 – point 4 – introductory part
4. The accounts of the S2R Joint Undertaking shall be examined by an independent audit body as laid down in1. By 1 March of the following financial year, the accounting officer of the S2R Joint Undertaking shall send the provisional accounts to the Commission's accounting officer and the Court of Auditors. By 31 March of the following financial year, the S2R Joint Undertaking shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors. On receipt of the Court of Auditors' observations on the S2R Joint Undertaking's provisional accounts pursuant to Article 148 of Regulation (EU, Euratom) No 966/2012, the accounting officer shall draw up the S2R Joint Undertaking's final accounts and the Executive Director shall submit them to the Governing Board for an opinion. The Governing Board shall deliver an opinion on the S2R Joint Undertaking's final accounts. The Executive Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Governing Board's opinion. The final accounts shall be published in the Official Journal of the European Union by 15 November of the following year. The Executive Director shall send the Court of Auditors a reply to its observations made in its annual report by 30 September. The Executive Director shall also send this reply to the Governing Board. The Executive Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, in accordance with Article 60(5165(3) of Regulation (EU, Euratom) No 966/2012.
Amendment 167 #
2013/0445(NLE)
Proposal for a regulation
Annex 1 – part 19 – point 4 – paragraph 1
Annex 1 – part 19 – point 4 – paragraph 1
Amendment 7 #
2013/0416(COD)
Proposal for a decision
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Union' s macro-financial assistance shall be disbursed to the Central Bank of Tunisia. Subject to provisions to be agreed in the Memorandum of Understanding, including a confirmation of residual budgetary financing needs, the Union funds may be transferred to the Tunisian Ministry of Finance as the final beneficiaryRepublic of Tunisia via a bank account opened in its name.
Amendment 8 #
2013/0416(COD)
Proposal for a decision
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) ensuring that Tunisia regularly checks that financing provided from the budget of the Union has been properly used, takes appropriate measures to prevent irregularities and fraud, and, if necessary, takes legal action to recover any funds provided under this Decision that have been misappropriated;. The Republic of Tunisia shall publish an annual report on the use of the funds to which shall be attached an audit certificate issued by the Tunisian National Audit Office certifying the accuracy of the information given. This report shall be attached to the report provided for in Article 8 from the Commission to the European Parliament and to the Council.
Amendment 24 #
2013/0407(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 11 of the 1948 United Nations Universal Declaration of Human Rights,
Amendment 25 #
2013/0407(COD)
Proposal for a directive
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 48 thereof on the presumption of innocence and right of defence,
Amendment 26 #
2013/0407(COD)
Proposal for a directive
Citation 1 c (new)
Citation 1 c (new)
- having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, known as the European Convention on Human Rights,
Amendment 30 #
2013/0407(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.
Amendment 32 #
2013/0407(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Any doubt shall benefit natural persons suspected or accused in criminal proceedings.
Amendment 33 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that suspects or accused persons have the right not to incriminate themselves and not to cooperate in any criminal proceeding.
Amendment 38 #
2013/0407(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Any use of force not necessary to secure the person of the accused shall be severely punished.
Amendment 19 #
2013/0400(CNS)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2011/96/UE
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not preclude the application of domestic or agreement- based provisions required for the prevention of tax evasin order to prevent tax evasion or permit the taxation of activities at the place of production or consumption.
Amendment 30 #
2013/0400(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be published in consolidated form with the Directive which it amends within three months of its publication.
Amendment 11 #
2013/0343(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2006/112/CE
Article 250 – paragraphe 2
Article 250 – paragraphe 2
Member States shall allow corrections to be made to the standard VAT return and shall set the time period in respect of which such corrections may be made. Genuine errors may be corrected without penalty within three months.
Amendment 13 #
2013/0343(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be made available, in consolidated form with the Directive which it amends, within three months of its publication.
Amendment 99 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) the national, European and regional authorities have to work together to ensure that citizens have access to electronic communications services that are secure, reliable and competitively priced, wherever they may be based in the European Union.
Amendment 101 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation establishes in particular regulatory principles pursuant to which the Commission, the Body of European Regulators for Electronic Communications (BEREC) and the national and regional competent authorities shall act, each within its own competences, in conjunction with the provisions of Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC:
Amendment 102 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) to favour investment and innovation in new and enhanced high-capacity infrastructures whichand to ensure that they reach throughout the Union and which can cater for evolving end-user demand, wherever they may be located in the European Union;
Amendment 194 #
2013/0309(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The application of various national policies creates inconsistencies and fragmentation of the internal market which hamper the roll-out of Union-wide services and the completion of the internal market for wireless broadband communications. It could in particular create unequal conditions for access to such services, hamper competition between undertakings established in different Member States and stifle investments in more advanced networks and technologies and the emergence of innovative services, thereby depriving citizens and businesses of ubiquitous integrated high-quality services and wireless broadband operators of increased efficiency gains from large-scale more integrated operations. Therefore, action at Union level regarding certain aspects of radio spectrum assignment should accompany the development of wide integrated coverage of advanced wireless broadband communications services throughout the Union. At the same time, Member States should retain the right to adopt measures to organise their radio spectrum for public order, public security purposes and defence and to pursue general interest objectives, in particular in the context of audiovisual and media policies.
Amendment 199 #
2013/0309(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Coordination and consistency of rights of use for radio spectrum should be improved, at least for the bands which have been harmonised for wireless fixed, nomadic and mobile broadband communications. This includes the bands identified at ITU level for International Mobile Telecommunications (IMT) Advanced systems, as well as bands used for radio local area networks (RLAN) such as 2.4 GHz and 5 GHz. It shouldmay also extend to bands that may be harmonised in the future for wireless broadband communications, as envisaged in Article 3(b) of the RSPP and in the RSPG Opinion on "Strategic challenges facing Europe in addressing the growing radio spectrum demand for wireless broadband" adopted on 13 June 2013, such as, in the near future, the 700 MHz, 1.5 GHz and 3.8-4.2 GHz bands in accordance with Articles 8a and 9 of Directive 2002/21/EC.
Amendment 212 #
2013/0309(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Considering the massive growth in radio spectrum demand for wireless broadband, solutions for alternative spectrally efficient access to wireless broadband should be promoted. This includes the use of low-power wireless access systems with a small- area operating range such as so called ‘'hotspots’' of radio local area networks (RLAN, also known as ‘Wi-Fi’), as well as networks of low-power small size cellular access points (also called femto-, pico- or metrocells).
Amendment 218 #
2013/0309(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 221 #
2013/0309(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 222 #
2013/0309(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 223 #
2013/0309(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 230 #
2013/0309(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 241 #
2013/0309(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. The open and non-discriminatory nature of the internet plays a key driving role in innovation and economic efficiency, but also in safeguarding the freedom and pluralism of the media, as well as cultural diversity. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures. The development of specialised services or of traffic offering a guaranteed quality of service should not undermine the open internet based on the ‘best effort’ principle. The open internet must remain the standard and not become the exception.
Amendment 258 #
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. SuchAny price discrimination or discriminatory conditions relating to data volumes and speeds in respect of specific content, applications or services should be prohibited. Reasonable traffic management 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. As soon as they implement such measures, providers of electronic communications to the public must notify the providers of content, applications or services.
Amendment 263 #
2013/0309(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) The Charter of Fundamental Rights of the European Union requires that limitations to the respect for private life, right of confidentiality of communications, right to data protection or freedom to receive or impart information must be provided for by law and respect the essence of those rights and freedoms. In the context of traffic management measures, the CJEU in Case C-70/10, SABAM v. Tiscali (Scarlet), with respect to general monitoring of electronic communications, states that an imposition of an obligation on an Internet service provider of electronic communications or services to indiscriminately monitor communications would constitutes not only a serious infringement on the freedom of the provider to conduct its business, but may also infringe the fundamental rights of the customers of the provider. Any scheme involving general monitoring of communications by providers of electronic communications or services should therefore be specifically provided for by Union law, or national law adopted in conformity with Union law;
Amendment 265 #
2013/0309(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Volume-based tariffs should be considered compatible with the principle of an open internet as long as they allow end- users to choose the tariff corresponding to their normal data consumption based on transparent information about the conditions and implications of such choice. At the same time, such tariffs should enable providers of electronic communications to the public to better adapt network capacities to expected data volumes. In order to customize their offers to meet end-user demand for specific content, services or applications, providers of electronic communications may provide offers where the conveyance of data for such content, services or applications is not deducted from the customers data allowance. It is essential that end-users are fully informed before agreeing to any data volume or speed limitations and the tariffs applicable, that they can continuously monitor their consumption and easily acquire extensions of the available data volumes if desired.
Amendment 273 #
2013/0309(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) There is also end-user demand for services and applications requiring an enhanced level of assured service quality offered by providers of electronic communications to the public or by content, applications or service providers. Such services may comprise inter alia broadcasting via Internet Protocol (IP-TV), video-conferencing and certain health applications. End-users should therefore also be free to conclude agreements on the provision of specialised services with an enhanced quality of service with either providers of electronic communications to the public or providers of content, applications or services.
Amendment 276 #
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 for 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 agreements do not substantially impair the general quality of internet access services. In that respect, the dymanic allocation of the capacity not used for specialised services, when they are switched off, to the internet access service contributes to its overall quality;
Amendment 291 #
2013/0309(COD)
Proposal for a regulation
Recital 72
Recital 72
Amendment 294 #
2013/0309(COD)
Proposal for a regulation
Recital 73
Recital 73
Amendment 298 #
2013/0309(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) The Digital Agenda for Europe and Regulation No 531/2012 establish the policy objective that the difference between roaming and domestic tariffs should approach zero. In practical terms, this requires that consumers falling into any of the broad observable categories of domestic consumption, identified by reference to a party's various domestic retail packages, should be in a position to confidently replicate the typical domestic consumption pattern associated with their respective domestic retail packages while periodically travelling within the Union, without additional costs to those incurred in a domestic setting. Such broad categories may be identified from current commercial practice by reference, for example, to the differentiation in domestic retail packages between pre-paid and post- paid customers; GSM-only packages (i.e. voice, SMS); packages adapted for different volumes of consumption; packages for business and consumer use respectively; retail packages with prices per unit consumed and those which provide ‘buckets’ of units (e.g. voice minutes, megabytes of data) for a standard fee, irrespective of actual consumption. The diversity of retail tariff plans and packages available to customers in domestic mobile markets across the Union accommodates varying user demands associated with a competitive market. That flexibility in domestic markets should also be reflected in the intra-Union roaming environment, while bearing in mind that the need of roaming providers for wholesale inputs from independent network operators in different Member States may still justify the imposition of limits by reference to reasonable use if domestic tariffs are applied to such roaming consumption. This is to prevent anomalous or fraudulent usage as well as arbitrage scenarios which could have an impact on competitive domestic markets.
Amendment 302 #
2013/0309(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) While it is in the first place for roaming providers to assess themselves the reasonable character of the volumes of roaming voice calls, SMS and data to be covered at domestic rates under their various retail packages, national regulatory authorities should supervise the application by roaming providers of such reasonable use limits and ensure that they are specifically defined by reference to detailed quantified information in the contracts in terms which are clear and transparent to customers. In so doing, national regulatory authorities should take utmost account of relevant guidance from BEREC. In its guidance, BEREC should – based on the results of a prior public consultation - identify various usage patterns substantiated by the underlying voice, data and SMS usage trends at the Union level, and the evolution of expectations as regards in particular wireless data consumption.
Amendment 314 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 316 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
b) to promote sustainable competition within the single market and the global competitiveness of the Union, and to reduce sector-specific market regulation accordingly as and when these objectives are achieved;with respect to the achievement of sustainable competition within the single market.
Amendment 320 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d a (new)
Article 1 – paragraph 2 – point d a (new)
d a) to promote sustainable competition within the single market and to ensure a level playing field for all the actors in competition on this market with respect to rules and regulation
Amendment 321 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d b (new)
Article 1 – paragraph 2 – point d b (new)
d b) to secure simplified, predictable and convergent regulatory conditions regarding key administrative and commercial parameters, including as regards the proportionality of individual obligations which may be imposed pursuant to market analysis;
Amendment 335 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 8
Article 2 – paragraph 2 – point 8
(8) "harmonised radio spectrum for wireless broadband communications" means radio spectrum for which the conditions of availability and, efficientcy and primary use are harmonised at Union level, in particular pursuant toaccordance with Directive 2002/21/EC and Decision 676/2002/EC of the European Parliament and the Council,27 and which serves for electronic communications services other than broadcasting; __________________ 27 Decision 676/2002/EC of the European Parliament and the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).
Amendment 338 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
(9) ‘"small-area wireless access point’" means a low power wireless network access equipment of small size operating within a small range, using licensed spectrum or a combination of licensed and license-exempt spectrum, which may or may not be part of a public terrestrial mobile communications network, and be equipped with one or more low visual impact antennas, which allows wireless access by the public to electronic communications networks regardless of the underlying network topology;
Amendment 339 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 10
Article 2 – paragraph 2 – point 10
(10) ‘"radio local area network’" (RLAN) means a low power wireless access system, operating within a small range, with a low risk of interference to other such systems deployed in close proximity by other users, using on a non-exclusivelicense-exempt basis spectrum for which the conditions of availability and efficient use for this purpose are harmonised at Union level;, without prejudice to the license-exempt regime which includes no regulatory protection rights, nor rights to cause harmful interferences to licensed radio systems in band or in adjacent bands.
Amendment 349 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) "internet access service" means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used. It allows end-users to run any application using an electronic communications network on the basis of the ‘best effort’ principle;
Amendment 361 #
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, that is subject to admission control and whose technical characteristics are controlled from end-using traffic management in order to- endsure adequate service characteristics 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 for internet access service;
Amendment 390 #
2013/0309(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This section shall apply to harmonised radio spectrum for wireless broadband communications, in accordance with Articles 8a and 9 of Directive 2002/21/EC.
Amendment 394 #
2013/0309(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This section shall be without prejudice to the right of the Member States to benefit from fees imposed to ensure the optimal use of radio spectrum resources in accordance with Article 13 of Directive 2002/20/EC and to organise and use their radio spectrum for public order, public security and defence, as well as to pursue general interest objectives, in particular in the context of audiovisual and media policies.
Amendment 409 #
2013/0309(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The national competent authorities shall apply a transparent process and apply the least onerous authorisation system possible for allowingoffering all actors equal access conditions to the use of radio spectrum, on the basis of objective, transparent, non-discriminatory and proportionate criteria, in such a way as to maximise flexibility and efficiency in radio spectrum use and to promote comparable conditions throughout the Union for integrated multi-territorial investments and operations by European electronic communications providers.
Amendment 413 #
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 equalobjective, transparent and non- discriminatory treatment between existing and potential operators and between European electronic communications providers and other undertakings.
Amendment 424 #
2013/0309(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point e a (new)
Article 9 – paragraph 4 – point e a (new)
(ea) preventing any harmful interference, including the possibility of imposing obligations to resolve interference with other radio spectrum users and to cover the costs incurred;
Amendment 428 #
2013/0309(COD)
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. National competent authorities shall ensure that timely information is available on authorisation conditions and procedures for the use of radio spectrum, and allow interested parties to submit their views in the process.
Amendment 430 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. When determining the amount and type of radio spectrum to be assigned in a given procedure for granting rights of use for radio spectrum, the national competent authorities shall have regard to the following:technical characteristics of different available radio spectrum bands.
Amendment 434 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
Amendment 436 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 438 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point a
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) the most efficient use of the radio spectrum in accordance with Article 9(4)(b), taking into account the characteristics and current and planned use of the band or bands concerned;
Amendment 442 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
National competent authorities shall ensure that the fees for rights of use for radio sSpectrum of all types, if any:
Amendment 443 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
(a) appropriately reflect the social, cultural and economic value of the radio spectrum, including beneficial externalities, and do not exceed market value;
Amendment 445 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1 – point a a (new)
Article 10 – paragraph 3 – subparagraph 1 – point a a (new)
(aa) take into account the costs entailed in evicting current radio spectrum users, where applicable;
Amendment 452 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 457 #
2013/0309(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 a (new)
Article 10 – paragraph 5 – subparagraph 1 a (new)
When determining whether to impose any mobile access obligations, competent national authorities shall justify their decision by a thorough assessment of the market conditions showing a market failure and an impact assessment on investment made by network operators. They shall review any obligations imposed regularly.
Amendment 530 #
2013/0309(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Coverage obligation The European Union and the Member States shall adopt measures guaranteeing access for European citizens and entities, public or private, to the single market for electronic communications, as regards both quality of service and market prices, wherever they are within the European Union;
Amendment 531 #
2013/0309(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. National competent authorities shall allow the provision of access through radio local area networks to the network of a provider of electronic communications to the public as well as the use of the harmonised radio spectrum for such provision, subject only to general authorisation, and compliance with rules applied to license exempt spectrum especially regarding interferences and competition rules.
Amendment 538 #
2013/0309(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
For the purposes of the uniform implementation of the general authorisation regime for the deployment, connection and operation of small-area wireless access points pursuant to paragraph 1, the Commission may, by means of an implementing act, specify technical characteristics for the design, deployment and operation of small-area wireless access points, compliance with which shall ensure their unobtrusive character when in use in different local contexts. The Commission shall specify those technical characteristics by reference to the maximum size, power and electromagnetic characteristics, as well as the visual impact, of the deployed small- area wireless access points. Those technical characteristics for use of small- area wireless access points shall at a minimum comply with the requirements of Directive 2013/35/EU30 and withDirective 1999/5/EC, taking into account the thresholds defined in Council Recommendation No 1999/519/EC.31 __________________ 30 Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/40/EC (OJ L 179, 29.6.2013, p. 1). 31 Recommendation 1999/519/EC of the Council of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) (OJ L 1999, 30.7.1999, p. 59).
Amendment 544 #
Amendment 572 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Providers of electronic communications to the public shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or placMember State of residence unless such differences are objectively justified.
Amendment 573 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 606 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
End-users shall also be free to agree with either providers of electronic communications to the public or with providers of content, applications and services on the provision ofccess specialised services with an enhanced quality of service.
Amendment 620 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In order to enable the provision of specialised services to end-users, providers of content, applications and services and providers of electronic communications to the public shall be free to enter into agreements with each other to transmit the related data volumes or traffic as specialised services with a defined quality of service or dedicated capacity. The provision of specialised services shall not impair in a recurring or continuous manner the generalthe quality of internet access services.
Amendment 623 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Vertically integrated providers of electronic communications to the public shall not discriminate in any way against traffic from providers of content, applications or services offering content, services or applications competing with their own services or with services provided under exclusive arrangements;
Amendment 635 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Amendment 640 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Article 23 – paragraph 5 – subparagraph 1 – introductory part
Within the limits of any contractually agreed data volumes or speeds for internet access services, providers of internet access services shall not restrict the freedoms provided for in paragraph 1 by blocking, slowing down, degrading or discriminating against specific content, applications or services, or specific classes thereof, except in cases where it is necessary to apply reasonable traffic management measures. Reasonable traffic management measures shall be transparent, non-discriminatory, proportionate and necessaryefficient. Reasonable traffic management includes the processing of data to:
Amendment 660 #
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 to end-users who have given their prior consent to such restrictive measures;
Amendment 675 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1 – point d
Article 23 – paragraph 5 – subparagraph 1 – point d
(d) minimise the effects of any recorded temporary or exceptional network congestion provided that equivalent types of traffic are treated equally.
Amendment 695 #
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 authorities, also monitor the effects of specialised services on cultural diversand linguistic diversity, media freedom and plurality and innovation. National regulatory authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.
Amendment 700 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 2
Article 24 – paragraph 2 – subparagraph 2
National regulatory authorities shall, in good time before imposing any such requirements, provideconsult with providers of electronic communications to the public before providing the Commission with a summary of the grounds for action, the envisaged requirements and the proposed course of action. This information shall also be made available to BEREC. The Commission may, having examined such information, make comments or recommendations thereupon, in particular to ensure that the envisaged requirements do not adversely affect the functioning of the internal market. The envisaged requirements shall not be adopted during a period of two months from the receipt of complete information by the Commission unless otherwise agreed between the Commission and the national regulatory authority, or the Commission has informed the national regulatory authority of a shortened examination period, or the Commission has made comments or recommendations. National regulatory authorities shall take the utmost account of the Commission's comments or recommendations and shall communicate the adopted requirements to the Commission and BEREC.
Amendment 708 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point i
Article 25 – paragraph 1 – subparagraph 1 – point e – point i
(i) actually available data speed for download and upload in the end-user’'s Member State of residence, including at peak-hours; and the means made available to the end-user to check, at any time, the actual data speed for download and upload, together with a breakdown of the data speed actually available during the period covered by the contract;
Amendment 712 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv
Article 25 – paragraph 1 – subparagraph 1 – point e – point iv
(iv) information on any procedures put in place by the provider to measure and shape traffic so as to avoid congestion of a network, and on how those procedures could affect service quality and the protection of personal data; and the means made available to the end-user to ensure that traffic orientation measures are applied effectively;
Amendment 761 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 1
Article 37 – point 1
Regulation (UE) n° 531/2012
Article 1
Article 1
This Regulation shall apply to regulated roaming services provided in the Union to end users whose domestic provider is a provider of electronic communications to the public in a Member State.
Amendment 783 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 4 a (new)
Article 37 – point 4 a (new)
Regulation (EU) No 531/2012
Article 6 a (new)
Article 6 a (new)
Amendment 793 #
Amendment 820 #
2013/0309(COD)
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article 39a European regulatory and supervisory authority for the European single market for electronic communications An independent European regulatory and supervisory authority for the European single market for electronic communications shall be established to regulate and supervise the functioning of the European electronic communications market. The operating costs of this independent authority shall be met through a compulsory levy on electronic communications.
Amendment 821 #
Amendment 827 #
2013/0309(COD)
Proposal for a regulation
Annex 2
Annex 2
Amendment 30 #
2013/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Regulation (EC) No 91/2003
Article 13 – paragraph 1
Article 13 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be consolidated with the regulation it is amending within three months of its publication.
Amendment 13 #
2013/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be made available in consolidated form within three months of its entry into force.
Amendment 28 #
2013/0245(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApproveCommends the Commission proposal as amended;
Amendment 29 #
2013/0245(NLE)
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal, as amended, substantially;
Amendment 38 #
2013/0245(NLE)
Proposal for a Regulation
Recital 18
Recital 18
(18) The Commission's internal auditor should exercise the same powers over the FCH 2 Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 41 #
2013/0245(NLE)
Proposal for a Regulation
Recital 20
Recital 20
(20) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding the above-mentioned opinion, which does not constitute an audit, the accounts of the Fuel Cells and Hydrogen 2 Joint Undertaking should notevertheless be subject to the examination by the Court of Auditors.
Amendment 59 #
2013/0245(NLE)
Proposal for a Regulation
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
The maximum Union contribution, including EFTA appropriationscontributions from the members of the European Free Trade Association (EFTA), to the FCH 2 Joint Undertaking to cover administrative costs and operational costs shall be EUR 700 million, which shall consist of:
Amendment 75 #
2013/0245(NLE)
Proposal for a Regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director ishall be authorised to sub-delegate those powers. He shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 76 #
2013/0245(NLE)
Proposal for a Regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 77 #
2013/0245(NLE)
Proposal for a Regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the Union shall apply to the Executive Director and the members of the Governing Board of the FCH 2 Joint Undertaking and its staff.
Amendment 78 #
2013/0245(NLE)
Proposal for a Regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the FCH 2 Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff and members of the Governing Board in the performance of their duties.
Amendment 79 #
2013/0245(NLE)
Proposal for a Regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 80 #
2013/0245(NLE)
Proposal for a Regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 91 #
2013/0245(NLE)
Proposal for a Regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union contribution tof the FCH 2 Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with thea procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 93 #
2013/0245(NLE)
Proposal for a Regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 94 #
2013/0245(NLE)
Proposal for a Regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
Amendment 102 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 2 – point b
Annex 1 – part 2 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsementfollowing deliberation by the body responsible for its governance, the New Energy World Industry Grouping AISBL, a non-profit organisation established under Belgian Law (registration number: 890025478, with its permanent office in Brussels, Belgium) (hereinafter referred to as the ‘Industry Grouping’), and
Amendment 103 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 2 – point c
Annex 1 – part 2 – point c
(c) upon acceptance of these Statutes by means of a letter of endorsement, thefollowing deliberation by the body responsible for its governance, New European Research Grouping on Fuel Cells and Hydrogen AISBL, a non-profit organisation established under Belgian Law (registration number: 0897.679.372, with its permanent office in Brussels, Belgium) (hereinafter referred to as the ‘Research Grouping’).
Amendment 104 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 3 – point 1
Annex 1 – part 3 – point 1
1. Any Member may terminate its membership to the FCH 2 Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members. As of then, the former Memfber shall be discharged from any obligations other than those approved or incurred by the FCH 2 Joint Undertaking prior to terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the FCH 2 Joint Undertaking.
Amendment 106 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 3 – point 2
Annex 1 – part 3 – point 2
2. Membership of the FCH 2 Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 116 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 7 – point 2 – point e
Annex 1 – part 7 – point 2 – point e
(e) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 117 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 7 – point 2 – point k a (new)
Annex 1 – part 7 – point 2 – point k a (new)
(ka) appoint, on the basis of a public invitation to tender, the independent audit body that will be given the task of presenting an opinion under Article 60(5) of Regulation (EU, EURATOM) No 966 / 2012 of the European Parliament and the Council;
Amendment 122 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 8 – point 1 – subparagraph 1
Annex 1 – part 8 – point 1 – subparagraph 1
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other Members of the FCH 2 Joint Undertaking in the selection procedure as appropriate. The European Parliament shall be entitled to object.
Amendment 123 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 9 – point 4 – introductory part
Annex 1 – part 9 – point 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 124 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 9 – point 4 – point c
Annex 1 – part 9 – point 4 – point c
(c) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 126 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 9 – point 4 – point j a (new)
Annex 1 – part 9 – point 4 – point j a (new)
(ja) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body to be entrusted with the task of submitting an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council;
Amendment 147 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 14 a (new)
Annex 1 – part 14 a (new)
14a. Should any member of the Clean Sky 2 Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulter's membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 150 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 17 – point 4 – subparagraph 1
Annex 1 – part 17 – point 4 – subparagraph 1
4. The accounts of the FCFGH 2 Joint Undertaking shall be examined by an independent audit body as laid down inthe Court of Auditors as part of the discharge procedure. In its deliberations, the Court shall take account of the findings of the independent audit body required to deliver an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012. of the European Parliament and the Council;
Amendment 153 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 17 – point 4 – subparagraph 2
Annex 1 – part 17 – point 4 – subparagraph 2
Amendment 156 #
2013/0245(NLE)
Proposal for a Regulation
Annex 1 – part 21 – point 4
Annex 1 – part 21 – point 4
4. When the FCH 2 Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the Members at the time of the winding up in proportion to their financial contribution to the FCH 2 Joint Undertaking. Any such surplus distributed to the Union shall be returned to the specific programme implementing the Horizon 2020 Framework Programme, within the Union budget.
Amendment 33 #
2013/0244(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApproveCommends the Commission proposal as amended;
Amendment 34 #
2013/0244(NLE)
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal as amended;
Amendment 44 #
2013/0244(NLE)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission's internal auditor should exercise the same powers over the Clean Sky 2 Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 47 #
2013/0244(NLE)
Proposal for a regulation
Recital 17
Recital 17
(17) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies set up under Article 209 of Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding the above- mentioned opinion, which does not constitute an audit, the accounts of the Clean Sky 2 Joint Undertaking should not be subject to examination by the Court of Auditors.
Amendment 55 #
2013/0244(NLE)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The maximum Union contribution, including EFTA appropriationscontributions from the Member States of the European Free Trade Area (EFTA), to the Clean Sky 2 Joint Undertaking, to cover administrative costs and operational costs, shall be EUR 1,8 billion. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme in accordance with Article 58(1)(c)(iv), Article 60 and Article 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation.
Amendment 64 #
2013/0244(NLE)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) in-kind contributions for additional activities of at least EUR 990 million over the period defined in Article 1 by the members other than the Union or their affiliated entities, consisting of the costs incurred by them in implementing additional activities outside the work plan of the Clean Sky 2 Joint Undertaking contributing to the objectives of the Clean Sky Joint Technology Initiative. Other Union funding programmes may support those costcomplement those activities in compliance with the applicable rules and procedures. In such cases, Union financing shall not substitute for the in-kind contributionadditional activities from the Members other than the Union or their affiliated entities.
Amendment 65 #
2013/0244(NLE)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The costs referred to in point (b) shall not be eligible for financial support by the Clean Sky 2 Joint Undertaking. The corresponding activities shall be set out in an additional activities plan that shall indicate the estimated value of those contributions.
Amendment 67 #
2013/0244(NLE)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The members of the Clean Sky 2 Joint Undertaking other than the Union shall report each year by 31 January to the Governing Board of the Clean Sky 2 Joint Undertaking on the value of the contributions referred to in paragraph 2 made in each of the previous financial yearsprivate Members shall update and inform on the Declaration of additional activities when needed and at least two times during the Clean Sky 2 Programme duration.
Amendment 69 #
2013/0244(NLE)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. For the purpose of valuing the contributions referred to in point (b) of paragraph 2 and clause 15(3)(b) of the Statutes set out in Annex I, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation of the contributions shall be verified by the Clean Sky 2 Joint Undertaking. In case of remaining uncertainties, it mayThe costs incurred in additional activities shall not be audited by the Clean Sky 2 Joint Undertaking or by any other Union body.
Amendment 72 #
2013/0244(NLE)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 75 #
2013/0244(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director is authorised to sub-delegate those powers. The Executive Director shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 76 #
2013/0244(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 77 #
2013/0244(NLE)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the Union shall apply to the Executive Director and members of the Governing Board of the Clean Sky 2 Joint Undertaking and its staff.
Amendment 78 #
2013/0244(NLE)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the event of non-contractual liability, the Clean Sky 2 Joint Undertaking shall make good any damage caused by its staff and members of the Governing Board in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
Amendment 79 #
2013/0244(NLE)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 80 #
2013/0244(NLE)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 83 #
2013/0244(NLE)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union contribution tof the Clean Sky 2 Joint Undertaking shall be part of the discharge given by the European Parliament, upon on the recommendation of the Council, to the Commission following accordance with the procedure procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 85 #
2013/0244(NLE)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 86 #
2013/0244(NLE)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result. If they fail to meet this obligation and to inform OLAF of instances of fraud known to them, they shall become personally liable for the consequences thereof.
Amendment 91 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 1 – point a
Annex 1 – part 1 – point a
(a) 'Associate' means a legal entity that has been selected under Regulation (EC) No 71/2008 and has accepted the present Statutes by signing a letter of endorsementfollowing deliberation by the body responsible for its governance and whose membership shall be terminated as soon as the actions initiated under Regulation (EC) No 71/2008 in which it is involved end, and at the latest on 31 December 2017;
Amendment 92 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 1 – point b
Annex 1 – part 1 – point b
(b) 'Core Partner' means a legal entity participating in an ITD or IADP or in Transverse Activities that has been selected following a call as set out in clause 4(2) and has accepted the present Statutes by signing a letter of endorsementfollowing deliberation by the body responsible for its governance;
Amendment 97 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 3 – point 1 – point b
Annex 1 – part 3 – point 1 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsementfollowing deliberation by the body responsible for its governance, the Leaders and the Associates as listed in Annex II to this Regulation, and the Core Partners to be selected in accordance with clause 4(2).
Amendment 100 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 3
Annex 1 – part 4 – point 3
3. Any member may terminate its membership to the Clean Sky 2 Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the Clean Sky 2 Joint Undertaking prior to terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the Clean Sky 2 Joint Undertaking.
Amendment 101 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 4 – point 4
Annex 1 – part 4 – point 4
4. Membership of the Clean Sky 2 Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 104 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 7 – point 1
Annex 1 – part 7 – point 1
1. The Commission representative shall hold 50 % of the voting rights. The vote of the Commission shall be indivisible. Each other representative shall hold an equal number of votes. The representatives shall use their best endeavours to achieve consensus. Failing consensus, the Governing Board shall take decisions by a majority of at least 75% of allEach individual member of the Governing Board shall have one equal vote. Governing Board shall make decisions by a two-thirds majority of all eligible votes. The Governing Board decides with a two- third majority whenever the decision can not be taken by consensus. Eligible votes, including the votes ofe all members, even those whoich are not in attendance. The Commission shall hold veto right.
Amendment 106 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 8 – point 2 – point f
Annex 1 – part 8 – point 2 – point f
(f) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 107 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 8 – point 2 – point t a (new)
Annex 1 – part 8 – point 2 – point t a (new)
Amendment 108 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 9 – point 1 – subparagraph 1
Annex 1 – part 9 – point 1 – subparagraph 1
1. The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission following an open and transparent selection procedure. The Commission shall associate the representation from the other members of the Clean Sky 2 Joint Undertaking in the selection procedure as appropriate. The European Parliament shall have the right to object.
Amendment 109 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 9 – point 6
Annex 1 – part 9 – point 6
6. The Executive Director may be dismissremoved only upon a decision of the Governing Board acting on a proposal from the Commission associating the private members as appropriate.
Amendment 110 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 10 – point 4 – introductory part
Annex 1 – part 10 – point 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 111 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 10 – point 4 – point c
Annex 1 – part 10 – point 4 – point c
(c) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 112 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 10 – point 4 – point v a (new)
Annex 1 – part 10 – point 4 – point v a (new)
(va) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body to be entrusted with the task of submitting an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council;
Amendment 136 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 18 – paragraph -1 (new)
Annex 1 – part 18 – paragraph -1 (new)
Should any member of the Clean Sky 2 Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulter's membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 138 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 20 – point 4
Annex 1 – part 20 – point 4
4. The accounts of Clean Sky 2 Joint Undertaking shall be examined by an independent audit body as laid down inthe Court of Auditors as part of the discharge procedure. In its deliberations, the Court shall take account of the findings of the independent audit body required to deliver an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012. of the European Parliament and the Council;
Amendment 143 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 20 – point 4 – subparagraph 2
Annex 1 – part 20 – point 4 – subparagraph 2
Amendment 147 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 23 – point 2
Annex 1 – part 23 – point 2
2. The Governing Board mayshall adopt rules to prevent and manage conflicts of interest applicable to its members, bodies and staff. In those rules, provision shall be made to avoid a conflict of interest for the representatives of the members serving in the Governing Board.
Amendment 149 #
2013/0244(NLE)
Proposal for a regulation
Annex 1 – part 24 – point 4
Annex 1 – part 24 – point 4
4. When the Clean Sky 2 Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the members at the time of the winding up in proportion to their financial contribution to the Clean Sky 2 Joint Undertaking. Any such surplus distributed to the Union shall be returned to the specific programme implementing the Horizon 2020 Framework Programme, within the Union budget.
Amendment 35 #
2013/0243(COD)
Proposal for a decision
Recital 4
Recital 4
(4) In 2009, independent experts adopted the report of the interim evaluation of EDCTP18. The opinion of the expert panel was that EDCTP1 provided a unique platform for a genuine dialogue with African scientists and it has started to bridge the gap between North and South in building research capacities and in providing learning and working opportunities for young African researchers. Following this report, there are fundamental issues to be taken into consideration for a second European and Developing Countries Clinical Trials Partnership Programme (hereinafter ''EDCTP2 Programme''): the current scope of EDCTP1 needs to be changed and extended; training should be promoted and the capacities of developing countries reinforced; the integration of European national programmes should be further improved; collaboration with other major public and private fundpartners, including the pharmaceutical industry, and public-private partnerships such as the PDPs (Product Development Partnerships), non-governmental organisations and foundations, needs to be strengthened and extended; synergies with European external policy actions should be developed, in particularspecifically with EU development assistance; co-funding rules should be clarified and simplified; monitoring tools need to be strengthened. __________________ 8 Van Velzen et al., Independent External Evaluation Report, December 2009.
Amendment 37 #
2013/0243(COD)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) The European Union is a major funder of research into poverty-related diseases and neglected infectious diseases. The Commission and Member States contribute almost one quarter (22%) of government investment in this sector worldwide. The European Union is also a major player in the field of international health. For example, the Commission and Member States supply around a half of all the credits for international funds.
Amendment 47 #
2013/0243(COD)
Proposal for a decision
Recital 15
Recital 15
(15) A ceiling should be established for the Union's participation in EDCTP2 for the duration of Horizon 2020 Framework Programme. WIn that period, and within that ceiling, the Union contribution should be equal to the initial contributions committed by the participating statesof the states referred to in Article 1 of this Decision in order to achieve a high leverage effect and ensure a stronger integration of participating states' programmes. That ceiling should also provide for matching the contributions from any other Member State or country associated to Horizon 2020 Framework Programme joining the EDCTP2 Programme during the Horizon 2020 Framework Programmethose states' programmes.
Amendment 52 #
2013/0243(COD)
Proposal for a decision
Recital 28
Recital 28
(28) Since the objectives of this Decision, namely to contribute to the reduction of the social and economic burden of poverty- related diseases and neglected infectious diseases in developing countries and in particular in sub-Saharan Africa by accelerating the clinical development of effective, safe, straightforward and affordable medical interventions for poverty-related diseas(diagnoses, drugs, treatments and vaccines) which are tailored to developing countries’ specific circumstances, cannot be sufficiently achieved by the Member States due to the lack of necessary critical mass to be achieved, both in human and financial terms, and can therefore, by reason of the scale of the action, 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 Decision does not go beyond what is necessary for that purposein order to achieve those objectives.
Amendment 57 #
2013/0243(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. The maximum Union financial contribution, including EFTA appropriations, to the EDCTP2 Programme shall be EUR 683 million, as follows:matching the contributions of the participating states listed in Article 1.
Amendment 62 #
2013/0243(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 66 #
2013/0243(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 82 #
2013/0243(COD)
Proposal for a decision
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By 31 December0 June 20178, the Commission shall conduct an interim evaluation of the EDCTP2 Programme. The Commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the Commission. The Commission shall send that report to the European Parliament and to the Council by 30 June1 December 2018.
Amendment 83 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 1 – paragraph 1
Annex 1 – paragraph 1 – point 1 – paragraph 1
EDCTP2 shall contribute to the reduction of the social and economic burden of poverty-related diseases in developing countries, in particular in sub-Saharan Africa, byand neglected infectious diseases, focussing on diseases that particularly affect women and children as the most vulnerable population groups. To that end, it shall target an acceleratingon of the clinical development of effective, safe, straightforward and affordable medical interventions for poverty-(diagnoses, drugs, trelated diseases, in partnership with sub-Saharan Africa. ments and vaccines) which are tailored to developing countries’ specific circumstances, in partnership with developing countries and particularly those of sub-Saharan Africa. That clinical development may cover all the stages in the process from Phase I to Phase IV.
Amendment 86 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 2 – point a
Annex 1 – paragraph 1 – point 2 – point a
Amendment 92 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 2 – point d
Annex 1 – paragraph 1 – point 2 – point d
Amendment 96 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 2 – point e a (new)
Annex 1 – paragraph 1 – point 2 – point e a (new)
ea) a higher profile for actions carried out under the EDCTP2 Programme at European and international level.
Amendment 97 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 3 – point a – introductory part
Annex 1 – paragraph 1 – point 3 – point a – introductory part
Amendment 102 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 3 – point e – introductory part
Annex 1 – paragraph 1 – point 3 – point e – introductory part
Amendment 103 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 3 – point e – paragraph 1
Annex 1 – paragraph 1 – point 3 – point e – paragraph 1
Amendment 104 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 3 – point e – paragraph 2
Annex 1 – paragraph 1 – point 3 – point e – paragraph 2
Amendment 105 #
2013/0243(COD)
Proposal for a decision
Annex 1 – paragraph 1 – point 3 – point f a (new)
Annex 1 – paragraph 1 – point 3 – point f a (new)
(fa) Raise the profile of actions carried out under the EDCTP2 Programme at European and global level, in particular in developing countries, by making use of political dialogue fora such as the ACP-EU Joint Parliamentary Assembly and EU-Africa Summits.
Amendment 107 #
2013/0243(COD)
Proposal for a decision
Annex 2 – point 1 – paragraph 1 – point a
Annex 2 – point 1 – paragraph 1 – point a
Amendment 113 #
2013/0243(COD)
Proposal for a decision
Annex 2 – point 1 – paragraph 1 – point c
Annex 2 – point 1 – paragraph 1 – point c
Amendment 128 #
2013/0243(COD)
Proposal for a decision
Annex 3 – paragraph 1 – point 1 – paragraph 2
Annex 3 – paragraph 1 – point 1 – paragraph 2
The GA shall decide by consensus. Failing consensus, the GA shall take its decisions by a majority of at least 75 % of the votes. In such cases, each member of the GA shall have a number of votes proportional to his/her financial contribution or contribution in kind to the EDCTP2 Programme in the preceding financial year.
Amendment 130 #
2013/0243(COD)
Proposal for a decision
Annex 3 – paragraph 1 – point 2 – introductory part
Annex 3 – paragraph 1 – point 2 – introductory part
Amendment 12 #
2013/0241(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovesGives a favourable opinion on the Commission proposal as amended;
Amendment 13 #
2013/0241(NLE)
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal as amended;
Amendment 37 #
2013/0241(NLE)
Proposal for a regulation
Recital 27
Recital 27
(27) The Commission’s internal auditor should exercise the same powers over the BBI Joint Undertaking as those exercised in respect of the Commission. A corresponding arrangement should apply to the Court of Auditors and the European Parliament.
Amendment 39 #
2013/0241(NLE)
Proposal for a regulation
Recital 28
Recital 28
(28) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding that opinion, which does not constitute an audit, the accounts of the BBI Joint Undertaking should not be subject to examination by the Court of Auditors.
Amendment 55 #
2013/0241(NLE)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The maximum Union contribution, including EFTA appropriationscontributions from member states of the European Free Trade Association (EFTA), to the BBI Joint Undertaking to cover administrative costs and operational costs shall be EUR 1 000 million. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation.
Amendment 63 #
2013/0241(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2 paragraph 1(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director ishall be authorised to sub-delegate those powers. The Executive Director shall report at the next meeting of the Governing Board on the exercise of the powers thus delegated or sub-delegated.
Amendment 64 #
2013/0241(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 65 #
2013/0241(NLE)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the Union shall apply to the Executive Director and members of the Governing Board of the BBI Joint Undertaking and its staff.
Amendment 66 #
2013/0241(NLE)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the BBI Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff and members of the Governing Board in the performance of their duties.
Amendment 67 #
2013/0241(NLE)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 68 #
2013/0241(NLE)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 74 #
2013/0241(NLE)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budgetin respect of implementation with regard to the Union contribution toof the budget of the BBI Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with thea procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and in Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council; it shall be given on the basis of the audit report of the Court of Auditors.
Amendment 76 #
2013/0241(NLE)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a If the European Parliament refuses to give discharge, the Executive Director shall tender his or her resignation to the Governing Board, which shall determine, according to the circumstances, what final decision is to be taken.
Amendment 77 #
2013/0241(NLE)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. Members of the staff of the Joint Undertaking, the Executive Director, and members of the Governing Board shall, without delay and without incurring any personal liability in so doing, report such fraud as might have come to their knowledge in the performance of their duties or office in OLAF. Should they fail to fulfil the above obligation, they shall become personally liable for the consequences of the fraud which came to their knowledge and which they did not report to OLAF.
Amendment 87 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 2 – paragraph 1 – point b
Annex 1 – part 2 – paragraph 1 – point b
(b) upon acceptance of these Statutes, by means of a letter of endorsementdecision of its governance body, the Bio- based Industries Consortium Aisbl (hereinafter referred to as BIC), a non- profit organization established under Belgium law (registration number: 0521- 857-822), with its permanent office in Brussels, Belgium
Amendment 91 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 3 – paragraph 3
Annex 1 – part 3 – paragraph 3
3. The Governing Board shall assess the application taking into account the relevance and the potential added value of the applicant for the achievement of the objectives of the BBI Joint Undertaking. It shall then decide on the application. and, without delay, notify its decision to the Commission, which, if the application has been accepted, shall have the right to object to the applicant’s membership except where the applicant is a Union Member State.
Amendment 94 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 3 – paragraph 4
Annex 1 – part 3 – paragraph 4
4. Any Member may terminate its membership tof the BBI Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members. As of then, the former Member shall be discharged from any obligations other than those approved or incurred by the BBI Joint Undertaking prior to terminating the membership. In the event of withdrawal, the outgoing Member and the BBI Joint Undertaking shall set up an account to settle outstanding financial obligations.
Amendment 95 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 3 – paragraph 5
Annex 1 – part 3 – paragraph 5
5. Membership of the BBI Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. That agreement shall be notified to the Commission, which shall have the right to object.
Amendment 105 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 7 – paragraph 2 – point f
Annex 1 – part 7 – paragraph 2 – point f
(f) appoint, dismiss, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;Does not affect English version.)
Amendment 109 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 7 – paragraph 2 – point t a (new)
Annex 1 – part 7 – paragraph 2 – point t a (new)
(ta) on the basis of a public invitation to tender, appoint the independent audit body which shall be called upon to deliver the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.
Amendment 110 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 8 – paragraph 1 – subparagraph 1
Annex 1 – part 8 – paragraph 1 – subparagraph 1
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other Members of the BBI Joint Undertaking in the selection procedure as appropriate. The European Parliament shall have the right to object.
Amendment 111 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 8 – paragraph 6
Annex 1 – part 8 – paragraph 6
Amendment 112 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 9 – paragraph 4 – introductory part
Annex 1 – part 9 – paragraph 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 113 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 9 – paragraph 4 – point c
Annex 1 – part 9 – paragraph 4 – point c
(c) submit for approvaldraw up the annual accounts with a view to their submission to the Governing Board the annual accountsfor approval;
Amendment 115 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 9 – paragraph 4 – point m a (new)
Annex 1 – part 9 – paragraph 4 – point m a (new)
(ma) organise the public invitation to tender on the basis of which the Governing Board shall appoint the independent audit body to be called upon to deliver the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.
Amendment 137 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 13 – paragraph 1 a (new)
Annex 1 – part 13 – paragraph 1 a (new)
Should any Member of the BBI Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting Member’s membership is to be revoked or if any other measures are to be taken until its obligations have been met. As an initial step, after the Member has been heard and a regularisation procedure proposed, the voting rights of any Member failing to meet its obligations may be suspended by the Governing Board.
Amendment 139 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 16 – paragraph 4 – subparagraph 1
Annex 1 – part 16 – paragraph 4 – subparagraph 1
4. The accounts of the BBI Joint Undertaking shall be examined by an independent audit body as laid downthe Court of Auditors under the discharge procedure. In its proceedings the Court shall take into consideration those of the independent audit body to be called upon to deliver the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council.
Amendment 144 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 16 – paragraph 4 – subparagraph 2
Annex 1 – part 16 – paragraph 4 – subparagraph 2
Amendment 147 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 19 – paragraph 2
Annex 1 – part 19 – paragraph 2
2. The BBI Joint Undertaking Governing Board mayshall adopt rules for the prevention and management of conflicts of interest in respect of its Members, bodies and staff. In those rules provision shall be made to avoid a conflict of interest for the representatives of the Members serving in the Governing Board.
Amendment 149 #
2013/0241(NLE)
Proposal for a regulation
Annex 1 – part 20 – paragraph 4
Annex 1 – part 20 – paragraph 4
4. When the BBI Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the Members at the time of the winding up in proportion to their financial contribution to the BBI Joint Undertaking. Any such surplus distributed to the Union shall be returned to the Specific Programme implementing the Horizon 2020 Framework Programme under the Union budget.
Amendment 61 #
2013/0240(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 62 #
2013/0240(NLE)
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal, as amended, substantially;
Amendment 80 #
2013/0240(NLE)
Proposal for a Regulation
Recital 18
Recital 18
(18) The Commission's internal auditor should exercise the same powers over the IMI2 Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 83 #
2013/0240(NLE)
Proposal for a Regulation
Recital 19
Recital 19
(19) In accordance with Article 287(1) of the Treaty on the Functioning of the European Union, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding the above-mentioned opinion, which does not constitute an audit, the accounts of the IMI2 Joint Undertaking should notevertheless be subject to examination by the Court of Auditors.
Amendment 114 #
2013/0240(NLE)
Proposal for a Regulation
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
The maximum Union contribution, including EFTA appropriationscontributions from the members of the European Free Trade Association (EFTA), to the IMI2 Joint Undertaking to cover administrative costs and operational costs shall be EUR 1 725 million which shall consist of the following:
Amendment 131 #
2013/0240(NLE)
Proposal for a Regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on its Article 2(1) and Article 6 of the Conditions of Employment delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers. He shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 132 #
2013/0240(NLE)
Proposal for a Regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 133 #
2013/0240(NLE)
Proposal for a Regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the Union shall apply to the Executive Director and Governing Board members of the IMI2 Joint Undertaking and its staff.
Amendment 134 #
2013/0240(NLE)
Proposal for a Regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the case of non-contractual liability, the IMI2 Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff and members of its Governing Board in the performance of their duties.
Amendment 135 #
2013/0240(NLE)
Proposal for a Regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 136 #
2013/0240(NLE)
Proposal for a Regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 141 #
2013/0240(NLE)
Proposal for a Regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union contribution tof the IMI2 Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with thea procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 143 #
2013/0240(NLE)
Proposal for a Regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 144 #
2013/0240(NLE)
Proposal for a Regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result. If they fail to meet this obligation and to inform OLAF of instances of fraud known to them, they shall become personally liable for the consequences thereof.
Amendment 164 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 2 – point 1 – point b
Annex 1 – part 2 – point 1 – point b
(b) upon acceptance of these Statutes by means of a letter of endorsementfollowing a decision by the body responsible for its governance, the European Federation of Pharmaceutical Industries and Associations (hereinafter ''EFPIA'').
Amendment 167 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 2 – point 3
Annex 1 – part 2 – point 3
3. Upon acceptance of these Statutes by means of a letter of endorsementfollowing a decision by the body responsible for its governance, any legal entity other than a Member or a constituent entity of a Member or any affiliated entity of either, supporting the objectives of the IMI2 Joint Undertaking in its specific area of research, in a Member State or in a country associated with the Horizon 2020 Framework Programme, may apply to join IMI2 as an Associated Partner. The letter of endorsementdecision shall detail the scope of the association in terms of content, of activities and duration.
Amendment 173 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 3 – point 2
Annex 1 – part 3 – point 2
2. The Governing Board shall assess the application taking into account the relevance and the potential added value of the applicant for the achievement of the objectives of the IMI2 Joint Undertaking. It shall then decide on the application and notify its decision without delay to the Commission, which, where the application is approved, shall have the right to object to membership except in the case of a Member State of the European Union.
Amendment 174 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 3 – point 3
Annex 1 – part 3 – point 3
3. Any Member or Associated Partner may terminate its membership or association to the IMI2 Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other Members and Associated Partners. As of then, the former Member or Associated Partner shall be discharged from any obligations other than those approved or incurred by the IMI2 Joint Undertaking prior to terminating the membership or participation. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the IMI2 Joint Undertaking.
Amendment 176 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 3 – point 4
Annex 1 – part 3 – point 4
4. Membership of or association to the IMI2 Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 191 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 7 – point 2 – point f
Annex 1 – part 7 – point 2 – point f
(f) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 192 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 7 – point 2 – point k a (new)
Annex 1 – part 7 – point 2 – point k a (new)
(ka) appoint, on the basis of a public invitation to tender, the independent audit body that will be given the task of presenting an opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council;
Amendment 196 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 8 – point 1 – introductory part
Annex 1 – part 8 – point 1 – introductory part
1. The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other members of the IMI2 Joint Undertaking in the selection procedure as appropriate. The European Parliament shall be entitled to object.
Amendment 197 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 8 – point 6
Annex 1 – part 8 – point 6
6. The Executive Director may be dismissremoved only upon a decision of the Governing Board acting on a proposal from the Commission associating the private members as appropriate.
Amendment 198 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 9 – point 4 – introductory part
Annex 1 – part 9 – point 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 199 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 9 – point 4 – point c
Annex 1 – part 9 – point 4 – point c
(c) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 200 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 9 – point 4 – point j a (new)
Annex 1 – part 9 – point 4 – point j a (new)
(ja) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body to be entrusted with the task of submitting the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council;
Amendment 233 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 14 – paragraph 1 a (new)
Annex 1 – part 14 – paragraph 1 a (new)
Should any member of the IMI2 Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting member’s membership is to be revoked or if any other measures are to be taken until that member's obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 235 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 17 – paragraph 1
Annex 1 – part 17 – paragraph 1
Amendment 237 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 17 – point 4
Annex 1 – part 17 – point 4
4. The accounts of the IMI2 Joint Undertaking shall be examined by an independent audit body as laid downthe Court of Auditors as part of the discharge procedure. During its work, the Court shall take into consideration the work of the independent audit body that will be given the task of presenting the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council.
Amendment 242 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 20 – point 2
Annex 1 – part 20 – point 2
2. The IMI2 Joint Undertaking Governing Board mayshall adopt rules for the prevention and management of conflicts of interest in respect of its Members, Associated Partners, bodies and staff. In those rules, provision shall be made to avoid conflict of interest for the representatives of the Members serving the Governing Board.
Amendment 244 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 21 – point 4
Annex 1 – part 21 – point 4
4. When the IMI2 Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the Members at the time of the winding up in proportion to their financial contribution to the IMI2 Joint Undertaking. Any such surplus distributed to the Union shall be returned to the specific programme implementing the Horizon 2020 Framework Programme within the Union budget.
Amendment 245 #
2013/0240(NLE)
Proposal for a Regulation
Annex 1 – part 21 – point 5 a (new)
Annex 1 – part 21 – point 5 a (new)
5a. Any research results shall be attributed to the European Federation of Pharmaceutical Industries and Associations (EFPIA).
Amendment 90 #
2013/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [1 January xxxx or 1 July xxxx which ever date occurs first provided this date is at least six months from the entry into force of the Regulation]. It is shall be available in consolidated form with the regulation it amends within three months from its entry into force.
Amendment 1 #
2013/0237(NLE)
Proposal for a regulation
Recital 3
Recital 3
(3) The first phase of the definition process ran from 2004 to 2008 and delivered the first edition of the European ATM Masterair traffic management plan (the 'ATM Master Plan'). The ATM Master Plan identifies three steps in the SESAR development process: Time Based operations (Step 1), Trajectory Based Operations (Step 2) and Performance Based Operations (Step 3).
Amendment 3 #
2013/0237(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 219/2007
Article 4 – paragraph 2
Article 4 – paragraph 2
The maximum Union contribution covering the costs under the Multiannual Financial Framework 2014-2020 shall be EUR 600 million10, including EFTA contributions, paid from the budget appropriations allocated to the Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020). __________________ 10 Indicative amount in current prices. The amount will depend on the final agreed amount for the Directorate-General for Mobility and Transport. (DG MOVE) for the theme 'Smart, green and integrated transport' which will be approved by the Budgetary Authority in the final version of the legislative and financial statement.
Amendment 7 #
2013/0237(NLE)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It is shall be available in consolidated form with the regulation it amends within three months of its entry into force.
Amendment 10 #
2013/0237(NLE)
Proposal for a regulation
Annex 1 – paragraph 1 – point 8
Annex 1 – paragraph 1 – point 8
Regulation (EC) No 219/2007
Annex – Article 17 – paragraph 1
Annex – Article 17 – paragraph 1
The Joint Undertaking shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union and its Member States are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportional and deterrent penalties.
Amendment 11 #
2013/0237(NLE)
Proposal for a regulation
Annex 1 – paragraph 1 – point 8
Annex 1 – paragraph 1 – point 8
Regulation (EC) No 219/2007
Annex – Article 17 – paragraph 4 a (new)
Annex – Article 17 – paragraph 4 a (new)
(4a) The members of the Administrative Board, the Executive Director and the staff are required to notify OLAF without delay of any possible instances of fraud which have come to their attention in the discharge of their duties or responsibilities without this disclosure rendering them liable to prosecution.
Amendment 29 #
2013/0237(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
COM(2013)0503
Article 4 – paragraph 2 – first subparagraph
Article 4 – paragraph 2 – first subparagraph
The maximum Union contribution covering the costs under the Multiannual Financial Framework 2014-2020 shall be EUR 600 million21, including EFTA contributions from the Member States of the European Free Trade Association (EFTA), paid from the budget appropriations allocated to the Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020). The Commission may oppose the use of the Community contribution for purposes it considers to be contrary to the principles of the Community programmes mentioned in the first subparagraph or to its Financial Regulation or detrimental to the interests of the Union. In the event of the Commission’s opposition, the Community contribution cannot be used by the Joint Undertaking for those purposes. __________________ 21 Indicative amount in current prices. The amount will depend on the final agreed amount for DG MOVE for the theme 'Smart, green and integrated transport' which will be approved by the Budgetary Authority in the final version of the legislative and financial statement.
Amendment 32 #
2013/0237(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 219/2007
Article 4a – paragraph 2
Article 4a – paragraph 2
b) paragraph 2 is deletedreplaced by the following: The Joint Undertaking shall be free to organise its own internal audit capability.
Amendment 39 #
2013/0237(NLE)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be available in its consolidated version with the Regulation being amended within three months from its entry into force.
Amendment 12 #
2013/0234(NLE)
Proposal for a regulation
Title 1
Title 1
Proposal for a COUNCIL REGULATION on the ECSEL (Electronic Components and Systems for European Leadership) Joint Undertaking (Text with EEA relevance)
Amendment 13 #
2013/0234(NLE)
Proposal for a regulation
Recital 10
Recital 10
(10) The ENIAC (Electronic Numerical Integrator Analyser and Computer) Joint Undertaking set up by Council Regulation (EC) No 72/2008 of 20 December 200710 successfully implemented a research agenda strengthening the relevant areas in nanoelectronics in which Europe improved its competitiveness by leveraging investments in priority subjects and by engaging the whole ecosystem. __________________ 10 OJ L 30, 04.02.2008, p. 21.
Amendment 14 #
2013/0234(NLE)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission's internal auditor should exercise the same powers over the ECSEL Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 16 #
2013/0234(NLE)
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 of that Regulation are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding the above- mentioned opinion, which does not constitute an audit, the accounts of the ECSEL Joint Undertaking should notevertheless be subject to examination by the Court of Auditors.
Amendment 17 #
2013/0234(NLE)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. To implement the Joint Technology Initiative on ‘Electronic Components and Systems for European Leadership’, a Joint Undertaking within the meaning of Article 187 of the Treaty on the functioning of the European Union (hereinafter ‘ECSEL Joint Undertaking’(Electronic Components and Systems for European Leadership)) is hereby established for a period up to 31 December 2024.
Amendment 19 #
2013/0234(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) to ensure the availability of electronic components and systems for key markets and for addressing societal challenges, aiming at keeping Europe at the forefront of technology development, bridging the gap between research and industrial and commercial exploitation, strengthening innovation capabilities and creating economic and employment growth in the Union;
Amendment 24 #
2013/0234(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers. The Executive Director shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 25 #
2013/0234(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 26 #
2013/0234(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 26 #
2013/0234(NLE)
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal as amended substantially;
Amendment 27 #
2013/0234(NLE)
Proposal for a regulation
Article 8
Article 8
The Protocol on the Privileges and Immunities of the European Union shall apply to the ECSEL Joint Undertaking and its staffxecutive Director and Governing Board members.
Amendment 28 #
2013/0234(NLE)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the event of non-contractual liability, the ECSEL Joint Undertaking shall make good any damage caused by its staff or members of the Governing Board in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
Amendment 29 #
2013/0234(NLE)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 31 #
2013/0234(NLE)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union’s contribution tof the ECSEL Joint Undertaking shall be part of the discharge given by the European Parliament, upon on the recommendation of the Council, to the Commission following accordance with the procedure procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 33 #
2013/0234(NLE)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 33 #
2013/0234(NLE)
Proposal for a regulation
Recital 25
Recital 25
(25) The Commission's internal auditor should exercise the same powers over the ECSEL Joint Undertaking as those exercised in respect of the Commission. The same should apply to the European Court of Auditors and the European Parliament.
Amendment 35 #
2013/0234(NLE)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall, without delay and without any question of their responsibility being called into question as a result, notify OLAF of any frauds which have come to their attention in the fulfillment of their duties or remit. If they fail to meet this obligation and to inform OLAF of fraud of which they have knowledge, they shall become personally liable for the consequences thereof:
Amendment 36 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 2 – paragraph 3
Annex – section 2 – paragraph 3
3. The ECSEL Member States together with the CommissEuropean Union shall hereinafter be referred to as the ‘public authorities’ of the ECSEL Joint Undertaking.
Amendment 37 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 3 – paragraph 2 a (new)
Annex – section 3 – paragraph 2 a (new)
2a. Any private entity seeking to participate in the objectives of the ECSEL Joint Undertaking may apply to join the AENEAS, ARTEMISIA or EPoSS associations. Any rejection by a private association must be justified and notified without delay to the Commission. An appeal against such a decision may be lodged with the Governing Board.
Amendment 37 #
2013/0234(NLE)
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 of that Regulation are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies thatNotwithstanding the above- mentioned opinion, which does not constitute an audit, the accounts of the ECSEL Joint Undertaking should notevertheless be subject to examination by the Court of Auditors.
Amendment 38 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 3 – paragraph 3
Annex – section 3 – paragraph 3
3. Any application for membership to the ECSEL Joint Undertaking in accordance with paragraph 2 shall be addressed to the Governing Board. It shall assess the application, taking into account the relevance and the potential added value of the applicant for achieving the objectives of the ECSEL Joint Undertaking. It shall then decide on the application. The Commission shall have the right to object, except in the case of an EU Member State.
Amendment 39 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 3 – paragraph 4
Annex – section 3 – paragraph 4
4. Any member may terminate its membership of the ECSEL Joint Undertaking. Such termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the ECSEL Joint Undertaking prior to the notification of terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the ECSEL Joint Undertaking.
Amendment 41 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 6 – paragraph 3 – subparagraph 1
Annex – section 6 – paragraph 3 – subparagraph 1
3. The Governing Board shall hold its ordinary meetings at least twice a year. It may hold extraordinary meetings at the request of the Commission or of a majority of the representatives of the ECSEL Member States or of a majority of the private members, or at the request of the chairperson, or at the request of the Executive Director in accordance with clause 16(5). The meetings of the Governing Board shall be convened by its chairperson and shall usually take place at the seat of the ECSEL Joint Undertaking.
Amendment 42 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 6 – paragraph 3 – subparagraph 3
Annex – section 6 – paragraph 3 – subparagraph 3
The Executive Director shall have the right tomay take part in the deliberations, but shall have no without voting rights.
Amendment 43 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 7 – paragraph 2 – subparagraph f
Annex – section 7 – paragraph 2 – subparagraph f
(f) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 44 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 7 – paragraph 2 – subparagraph i a (new)
Annex – section 7 – paragraph 2 – subparagraph i a (new)
(ia) appoint, on the basis of a public invitation to tender, the independent audit body that will be given the task of presenting the opinion under Article 60(5) of Regulation (EU, EURATOM) No 966 / 2012 of the European Parliament and the Council;
Amendment 47 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 8 – paragraph 1 – subparagraph 1
Annex – section 8 – paragraph 1 – subparagraph 1
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other members of the ECSEL Joint Undertaking in the selection procedure as appropriate. The European Parliament shall have the right to object to this.
Amendment 48 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 9 – paragraph 4 – subparagraph 1
Annex – section 9 – paragraph 4 – subparagraph 1
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 49 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 9 – paragraph 4 – point d
Annex – section 9 – paragraph 4 – point d
(d) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 50 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 9 – paragraph 4 – point j a (new)
Annex – section 9 – paragraph 4 – point j a (new)
(ja) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body to be entrusted with the task of submitting the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council;
Amendment 52 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 16 – paragraph 5
Annex – section 16 – paragraph 5
5. Should any member of the ECSEL Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting member’s membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 53 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 21 – paragraph 6 a (new)
Annex – section 21 – paragraph 6 a (new)
6a. Amending budgets may be tabled to the annual budget.
Amendment 54 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 22 – paragraph 1 – subparagraph 1
Annex – section 22 – paragraph 1 – subparagraph 1
1. The Executive Director shall report annually to the Governing Board on the performance of his/her duties in accordance with the financial rules applicable tof the ECSEL Joint Undertaking.
Amendment 55 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 22 – paragraph 4 – subparagraph 1
Annex – section 22 – paragraph 4 – subparagraph 1
4. The accounts of the ECSEL Joint Undertaking shall be examinedthe subject of an opinion by an independent audit body as laid down in Article 60(5) of Regulation (EU, Euratom) No 966/2012. This opinion shall be communicated to the European Parliament and the Council as part of the discharge procedure.
Amendment 56 #
2013/0234(NLE)
Proposal for a regulation
Annex – section 22 – paragraph 4 – subparagraph 2
Annex – section 22 – paragraph 4 – subparagraph 2
The accounts of the ECSEL Joint Undertaking shall not be subject to examination by the Court of AuditorsCourt shall, in accordance with international auditing standards, take into account in its planning the work carried out under the preceding paragraph.
Amendment 60 #
2013/0234(NLE)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The maximum Union contribution, including EFTA appropriationscontributions from the Member States of the European Free Trade Association (EFTA), to the ECSEL Joint Undertaking to cover administrative costs and operational costs shall be EUR 1 215 255 000. The contribution shall be paid from the appropriations in the general budget of the Union allocated to the Specific Programme implementing Horizon 2020 (2014-2020). The budget implementation with regard to the Union contribution shall be entrusted to the ECSEL Joint Undertaking acting as a body referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 in accordance with Articles 58(1)(c)(iv), 60 and 61 of that Regulation.
Amendment 65 #
2013/0234(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers. He shall report at the next meeting of the Governing Board on the delegation or sub-delegation of these powers.
Amendment 67 #
2013/0234(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 68 #
2013/0234(NLE)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Protocol on the Privileges and Immunities of the European Union shall apply to the Executive Director of the ECSEL Joint Undertaking and its staffto the members of the Governing Board.
Amendment 69 #
2013/0234(NLE)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. In the event of non-contractual liability, the ECSEL Joint Undertaking shall make good any damage caused by its staff or members of the Governing Board in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
Amendment 70 #
2013/0234(NLE)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 71 #
2013/0234(NLE)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 76 #
2013/0234(NLE)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The discharge of the budget implementation with regard to the Union’s contribution tof the ECSEL Joint Undertaking shall be part of the discharge given by the European Parliament, upon on the recommendation of the Council, to the Commission following accordance with the procedure procedure comparable to that provided for in Article 319 of the Treaty on the Functioning of the European Union and Articles 164 to 166 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council, and based on the audit report of the Court of Auditors.
Amendment 78 #
2013/0234(NLE)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. If the European Parliament refuses to grant discharge, the Executive Director shall tender his resignation to the Governing Board, which shall take its final decision in the light of the circumstances.
Amendment 79 #
2013/0234(NLE)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5a. The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result. If they fail to meet this obligation and to inform OLAF of instances of fraud known to them, they shall become personally liable for the consequences thereof.
Amendment 86 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 2 – point 1 – point c
Annex 1 – part 2 – point 1 – point c
(c) upon acceptance of these Statutes by means of a letter of endorsementfollowing a decision by the body responsible for its governance, [the AENEAS association, an association registered under French law (registration No 20070039) with its registered office in Paris (France); the ARTEMISIA association, an association registered under Dutch law (registration No 17201341) with its registered office in Eindhoven (the Netherlands); the EPoSS association, an association registered under … law (registration No ...) with its registered office in ... (…)].
Amendment 88 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 3 – point 3
Annex 1 – part 3 – point 3
3. Any application for membership to the ECSEL Joint Undertaking in accordance with paragraph 2 shall be addressed to the Governing Board. It shall assess the application, taking into account the relevance and the potential added value of the applicant for achieving the objectives of the ECSEL Joint Undertaking. It shall then decide on the application and notify its decision without delay to the Commission, which, where the application is approved, shall have the right to object to membership except in the case of a Member State of the European Union.
Amendment 89 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 3 – point 4
Annex 1 – part 3 – point 4
4. Any member may terminate its membership of the ECSEL Joint Undertaking. Such termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the ECSEL Joint Undertaking prior to the notification of terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the ECSEL Joint Undertaking.
Amendment 90 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 3 – point 5
Annex 1 – part 3 – point 5
5. Membership of the ECSEL Joint Undertaking may not be transferred to a third party without prior agreement of the Governing Board. The Commission shall be notified of this agreement and shall have the right to object.
Amendment 95 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 7 – point 2 – point f
Annex 1 – part 7 – point 2 – point f
(f) appoint, dismissremove, extend the term of office of, provide guidance to and monitor the performance of the Executive Director;
Amendment 96 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 7 – point 2 – point r a (new)
Annex 1 – part 7 – point 2 – point r a (new)
(ra) appoint, on the basis of a public invitation to tender, the independent audit body that will be given the task of presenting the opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council;
Amendment 97 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 8 – point 1 – introductory part
Annex 1 – part 8 – point 1 – introductory part
1. The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. The Commission shall associate the representation from the other members of the ECSEL Joint Undertaking in the selection procedure as appropriate. The European Parliament shall be entitled to object.
Amendment 99 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 9 – point 4 – introductory part
Annex 1 – part 9 – point 4 – introductory part
4. The Executive Director shall in particular carry out the following tasks in an independent manner:
Amendment 100 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 9 – point 4 – point d
Annex 1 – part 9 – point 4 – point d
(d) establish the annual accounts to be submitted for approval to the Governing Board the annual accounts;
Amendment 103 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 9 – point 4 – point m a (new)
Annex 1 – part 9 – point 4 – point m a (new)
(ma) organise the public tendering procedure on the basis of which the Governing Board shall appoint the independent audit body that will be given the task of presenting the opinion under Article 60(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and the Council;
Amendment 109 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 19 – paragraph -1 (new)
Annex 1 – part 19 – paragraph -1 (new)
Should any member of the ECSEL Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting member’s membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters.
Amendment 113 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 22 – point 4 – introductory part
Annex 1 – part 22 – point 4 – introductory part
4. The accounts of the ECSEL Joint Undertaking shall be examined by an independent audit body as laid downthe Court of Auditors as part of the discharge procedure. During its work, the Court shall take into consideration the work of the independent audit body that will be given the task of presenting the opinion provided for in Article 60(5) of Regulation (EU, Euratom) No 966/2012. of the European Parliament and the Council.
Amendment 116 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 22 – point 4 – paragraph 1
Annex 1 – part 22 – point 4 – paragraph 1
Amendment 121 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 25 – point 2
Annex 1 – part 25 – point 2
2. The ECSEL Joint Undertaking Governing Board mayshall adopt rules for the prevention and management of conflicts of interest in respect of its members, bodies and staff. In those rules, provision shall be made to avoid a conflict of interest for the representatives of the members of the ECSEL Joint Undertaking serving in the Governing Board or in the Public Authorities Board.
Amendment 122 #
2013/0234(NLE)
Proposal for a regulation
Annex 1 – part 26 – point 4
Annex 1 – part 26 – point 4
4. When the ECSEL Joint Undertaking is being wound up, its assets shall be used to cover its liabilities and the expenditure relating to its winding up. Any surplus shall be distributed among the members at the time of the winding up in proportion to their financial contribution to the ECSEL Joint Undertaking. Any such surplus distributed to the Union shall be returned to the specific programme implementing the Horizon 2020 Framework Programme, within the Union budget.
Amendment 90 #
2013/0224(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should enter into force on 1 July 20157 to ensure that the Member States and relevant stakeholders have sufficient time to take the necessary measures for the effective application of this Regulation before the first reporting period starts on 1 January 201822.
Amendment 117 #
2013/0224(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Companies shall use standardised monitoring plans based on templates. Technical rules establishing the templates for the monitoring plans referred to in paragraph 1 shall be determined by means of implementing acts. Those rules shall be as simple as possible and shall not entail needless bureaucracy. The implementing acts shall be adopted by the Commission in accordance with the procedure referred to in Article 25(2) of this Regulation.
Amendment 120 #
2013/0224(COD)
Proposal for a regulation
Article 8
Article 8
From 1 January 201822, companies shall, based on the monitoring plan approved in accordance with Article 13(1), monitor emissions for each ship on a per-voyage and an annual basis by applying the appropriate method among those set out in part B of Annex I and by calculating emissions in accordance with part A of Annex I.
Amendment 161 #
2013/0224(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the assessments concludes that the emission report includes material misstatements, errors, or inconsistencies or does not meet the requirements of Articles 11 and 14 and Annex I, the verifier shall inform the company thereof on a timely basis and, specifying the findings, in particular the nature of the material misstatements, errors, or inconsistencies, or of the requirements of Articles 11 and 14 and Annex I that have not been met, and shall ask it to resubmit a reviewed emission report. The company shall correct any communicated non- conformities or inconsistencies so as to allow the verification process to be finished in a timely manner. The verifier shall report in its verification report whether the non- conformities have been resolved by the company during verification.
Amendment 189 #
2013/0224(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
This Regulation shall enter into force on 1 July 20157. It shall be made available in consolidated form within three months of its publication.
Amendment 61 #
2013/0188(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be made available, consolidated with the Directive which it amends, within three months of its publication
Amendment 189 #
2013/0185(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall ensure that thea harmonised limitation period of five years for bringing an action for damages is at least five yearsintroduced throughout the Union.
Amendment 7 #
2013/0181(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances1 sets(MIP) up an alert mechanism to facilitate the early identification and the monitoring of imbalances. Under this mechanism, the Commission is required to prepare an annual Alert Mechanism Report (AMR) containing a qualitative economic and financial assessment and identifying Member States that the Commission considers may be affected by, or may be at risk of being affected by, imbalances. __________________ 1 OJO L 306, du 23.11.2011, p. 25.
Amendment 9 #
2013/0181(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Reliable statistical data are the basisessential for effective surveillance of macroeconomic imbalances. To guarantee sound and independent statistics, Member States should ensure the professional independence of national statistical authorities, consistent with the European statistics code of practice laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics3. __________________ 3 OJ L 87, 31.03.09, p.164. JO L 87 du 31.3.2009, p. 164.
Amendment 23 #
2013/0181(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down the rules on the provision and quality monitoring of data, including statistical data, which are compiled or transmitted for the purpose of the procedures for the detection of macroeconomic imbalances as well as the prevention and correction of excessive macroeconomic imbalances within the Union established under Articles 3 to 11 of Regulation (EU) No 1176/2011 (hereinafter referred to as the MIP relevant data).
Amendment 24 #
2013/0181(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. MIP relevant data shall be the subject of a certificate issued by the higher audit institution of the Member State concerned regarding the quality of the information provided by it.
Amendment 30 #
2013/0165(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The mandatory equipping of vehicles with the eCall in-vehicle system should be without prejudice to the right of all stakeholders such as car manufacturers and independent operators to offer additional emergency and/or added value services provided by private suppliers, in parallel with or building on the 112-based eCall in- vehicle system. However, these additional services should be designed not to increase driver distractioncertified by a competent authority recognised by the authorities responsible for road safety so as not to increase driver distraction and should be offered to consumers on an optional basis.
Amendment 61 #
2013/0165(COD)
Proposal for a regulation
Article 7
Article 7
With effect from 1 October 20157, national authorities shall only grant EC type- approval in respect of the eCall in-vehicle system to new types of vehicles which comply with this Regulation and the delegated acts adopted pursuant to this Regulation.
Amendment 66 #
2013/0165(COD)
Proposal for a regulation
Article 12 – subparagraph 2
Article 12 – subparagraph 2
It shall apply from 1 October 20157.
Amendment 58 #
2013/0162(COD)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
1) ‘Cultural object’ shall mean an tangible or intangible object which: is classified, before or after its unlawful removal from the territory of a Member State, among the ‘national treasures possessing artistic, historic or archaeological value’ under national legislation or administrative procedures within the meaning of Article 36 of the Treaty. on the Functioning of the European Union;
Amendment 66 #
2013/0162(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Member States shall lay down in their legislation that the return proceedings provided for in this Directive may not be brought more than three10 years after the central authority of the requesting Member State became aware of the location of the cultural object and of the identity of its possessor or holder.
Amendment 67 #
2013/0162(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 76 #
2013/0162(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and shall be consolidated, with the Directive amended by it within three months of its entry into force.
Amendment 26 #
2013/0157(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Many of the positions adopted by national parliaments acting in accordance with Protocol No 2 on the application of the principles of subsidiarity and proportionality annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union consider the text proposed by the Commission to be contrary to the subsidiarity principle because the Commission fails to show that the establishment of a single European status for ports would make it possible to attain more effectively the development objectives of the internal market, as it does not prove that there would be a scale impact and does not clearly and precisely define the anticipated effects.
Amendment 32 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. "bunkering" means the provision of solid, liquid or gaseous fuel or any other energy source used for the propulsion of the waterborne vessel as well as for general and specific energy provision on board of the waterborne vessel whilst at berth;
Amendment 34 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
14. "public service obligation" means a requirement defined or determined in ordern obligation designed to ensure the provision of those port services in the general interest that an operator, if it were considering its own commercial interests, would not assume or would not assume to the same extent or under the same conditions;
Amendment 54 #
2013/0157(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) town and country planning.
Amendment 69 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances and not renewable, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities, dividends paid out and profits retained or any other form of public financial support.
Amendment 70 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. The procedures and information indicated in this chapter in relation to public finances shall be the subject of a certificate issued by an independent auditor, who may be that of the managing body of the port receiving public funding.
Amendment 212 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) a clear framework for access to the market of port services;
Amendment 282 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the compliance with local, national, Union and international social and environmental requirements.
Amendment 292 #
2013/0157(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 360 #
2013/0157(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This Regulation shall not affectrequire basic compliance with the application of the social and labour rules of the Member States in which the port is located.
Amendment 393 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities, dividends paid out and profits retained or and any other form of public financial support.
Amendment 514 #
2013/0157(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Cooperation between independent supervisory bodies and the European supervisory body
Amendment 518 #
2013/0157(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. A European supervisory body responsible for coordinating and supervising the independent supervisory bodies shall be established.
Amendment 520 #
2013/0157(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Member States shall ensure that the independent supervisory bodies shall provide the CommissionEuropean supervisory body, after a reasoned request, with the information necessary for it to carry its tasks. The information requested by the CommissionEuropean supervisory body shall be proportionate to the performance of those tasks.
Amendment 60 #
2013/0152(COD)
Proposal for a decision
Recital 22
Recital 22
(22) In its financing operations outside the Union that fall within the scope of this Decision, the EIB should endeavour further to enhance coordination and cooperation with European Financial Institutions and International Financial Institutions, notably those participating in the EU Platform for Blending in External Cooperation. This cooperation includes, where appropriate, cooperation on sector conditionality and mutual reliance on procedures, use of joint co-financing and participation in global initiatives, such as those promoting aid coordination and effectiveness. Such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap. The tripartite Memorandum of Understanding between the CommissEuropean Union, the EIB Group and the European Bank for Reconstruction and Development (EBRD) in respect of cooperation outside the Union, which allows the EIB Group and the EBRD to act in a complementary way by relying on their respective comparative advantages, was updated in 2012 to cover the extension of EBRD'’s geographical scope to the Mediterranean region and should continue to be applied. The principles set out in this Decision should also be applied when EIB financing is implemented through cooperation agreements with other European Financial Institutions and International Financial Institutions.
Amendment 63 #
2013/0152(COD)
Proposal for a decision
Recital 25
Recital 25
(25) The EIB financing operations in support of Union external policies should continue to be conducted in accordance with the principles of sound banking practice. They should continue to be managed in accordance with the EIB's own rules and procedures provided for under the principles of sound banking practice, including appropriate controlsupervision measures and compliance with the EIB'’s statement on social and environmental standards, as well as with the relevant rules and procedures concerning the Court of Auditors and the European Anti-Fraud Office (OLAF). In its financing operations the EIB should adequately implement its policies towards weakly regulated or non- cooperative jurisdictions in order to contribute to the international fight against tax fraud, tax evasion and money- laundering.
Amendment 64 #
2013/0152(COD)
Proposal for a decision
Recital 26
Recital 26
(26) The EIB should take appropriate measures ensuring that, when financing operations subject to the EU guarantee, the financial interests of the European Union and of its Member States are protected by the application of preventive measures against fraud, corruption and any other illegal activities and that OLAF is entitled to conduct on- the-spot checks and Iinspections in the premises of the beneficiaries.
Amendment 66 #
2013/0152(COD)
Proposal for a decision
Article 1 a (new)
Article 1 a (new)
Article 1a Interest on the guarantee 1 - In accordance with sound banking practice, interest will be payable on the guarantee provided by the European Union pursuant to this Decision. 2 - The interest shall be paid into a guarantee fund opened in the Union’s accounts and earmarked for covering any losses arising from claims against the Union in respect of guarantees provided pursuant to this Decision. 3 - The Union shall make a grant to the EIB equivalent to the amount of the interest.
Amendment 71 #
2013/0152(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) development of economic, social, and environmental and economic infrastructure;
Amendment 83 #
2013/0152(COD)
Proposal for a decision
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission and the EIB shall sign a guarantee agreement laying down the detailed provisions and procedures relating to the EU guarantee as set out in Article 8, and shall inform the European Parliament and the Council accordingly. The agreement shall call for a guarantee fund to be established within the EU’s accounts which will be funded by a levy based on guarantees granted under this decision and is intended to cover any possible losses in the event of proceedings being taken against the EU; in return, the EU may grant assistance to the EIB;
Amendment 84 #
2013/0152(COD)
Proposal for a decision
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where the Commission makes any payment under the EU guarantee, the EIB shall, in the name and on behalf of the CommissionEU, pursue the recovery of claims for the amounts paid.
Amendment 85 #
2013/0152(COD)
Proposal for a decision
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The EIB shall inform OLAF immediately when, at any stage of the preparation, implementation or closure of projects subject to the EU guarantee, it detects a potential case of fraud, corruption or other illegal activity that may affect the financial interests of the EU or of the Member States.
Amendment 88 #
2013/0152(COD)
Proposal for a decision
Article 16 – paragraph 2
Article 16 – paragraph 2
2. OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999, Regulation (Euratom, EC) No 2185/96 and Regulation (EC, Euratom) No 2988/95 in order to protect the financial interests of the European Union, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial Interests of the Union in connection with any financing operations. If the financial interests of a Member State are involved, OLAF shall inform the government of that Member State immediately;
Amendment 100 #
2013/0152(COD)
Proposal for a decision
Article 10 – paragraph 1 – point f
Article 10 – paragraph 1 – point f
(f) calls on the EU Gguarantee; interest on the guarantee provided by the EU to the EIB and the grant made by the EU to the EIB accordingly;
Amendment 106 #
2013/0152(COD)
Proposal for a decision
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
The agreement shall provide for the beneficiaries of guaranteed funding to notify the Commission of the works and services contracts to be financed under the guarantee agreement; the Commission shall publish this information for European companies;
Amendment 107 #
2013/0152(COD)
Proposal for a decision
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Where the Commission makes any payment under the EU guarantee, the EIB shall, in the name and on behalf of the CommissEuropean Union, pursue the recovery of claims for the amounts paid.
Amendment 108 #
2013/0152(COD)
Proposal for a decision
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The EIB shall inform OLAF immediately when, at any stage of the preparation, implementation or closure of projects subject to the EU guarantee, it detects a potential case of fraud, corruption or other illegal activity that may affect the financial interests of the EU or of its Member States.
Amendment 109 #
2013/0152(COD)
Proposal for a decision
Article 16 – paragraph 2
Article 16 – paragraph 2
2. OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999, Regulation (Euratom, EC) No 2185/96 and Regulation (EC, Euratom) No 2988/95 in order to protect the financial interests of the European Union, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial Interests of the Union in connection with any financing operations. If the financial interests affected are those of a Member State, OLAF shall inform the government of that Member State immediately.
Amendment 52 #
2013/0150(COD)
Proposal for a regulation
Article 2 – paragraph 2 (new)
Article 2 – paragraph 2 (new)
It shall be consolidated with the Regulation it is amending within three months of its entry into force.
Amendment 153 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the consumer is not offered any overdraft facilities in conjunction with the payment account with basic featuresas part of the basic features of the payment account.
Amendment 156 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonable fee.
Amendment 158 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 160 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the consumer deliberately used the account for criminal activities, money laundering or the financing of terrorism;
Amendment 162 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) there has been no transaction on the account for more than 12 consecutive months despite prior notification on two occasions, after 10 and 11 consecutive months of inactivity respectively;
Amendment 123 #
2013/0124(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families who, because they are legally resident in the Union, consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
Amendment 148 #
2013/0124(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall designate a structure, a body one or more bodies for the promotion, analysis, monitoring and support of equal treatment of all workers or members of their families without discrimination on grounds of nationality and make the necessary arrangements for functioning of such bodies. These bodies may form part of agencies at a national level with similar objectives but covering a wider range of discrimination grounds. In that case, the Member State shall ensure allocation of sufficient resources to the existing body for the performance of additional tasks in order to ensure that the performance of already existing tasks of these bodies will not suffer.
Amendment 71 #
2013/0119(COD)
Proposal for a regulation
Article 3 – point 1 – point j a (new)
Article 3 – point 1 – point j a (new)
(j a) driving, pilot’s and boat operator’s licences;
Amendment 83 #
2013/0119(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The authorities shall reply to such requests within the shortest possible period of time and in any case not exceeding one month. The absence of a reply shall be deemed to be confirmation of the authenticity of the public document or certified copy thereof.
Amendment 85 #
2013/0119(COD)
Proposal for a regulation
Article 9
Article 9
1. Each Member State shall designate at least one central authority. 2. Where a Member State has appointed more than one central authority, it shall designate the central authority to which any communication may be addressed for transmission to the appropriatmore than one authority in a Member State is competent to reply to information requests, the Member State shall take the necessary measures to ensure that all communications are dealt with by the central authority within that Member St designates. 3. The designation of the one or more central authoritiesy and theirits contact details shall be communicated by each Member State to the Commission in accordance with Article 20.
Amendment 89 #
2013/0119(COD)
Proposal for a regulation
Article 14
Article 14
The Commission shall develop electronic versions of Union multilingual standard forms or other formats suitable for electronic exchanges which the Member States shall be required to use exclusively.
Amendment 91 #
2013/0119(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. By … at the latest, the Member States shall communicate to the Commission the designation of one or morename of the designated central authoritiesy and theirits contact details as referred to in Article 9(3). The Member States shall inform the Commission of any subsequent changes to that information.
Amendment 20 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-related matters, respect for human rights, and anti-corruption and, bribery, and tax evasion matters. Such a statement should include a description of the policies, results, and the risks related to those matters.
Amendment 43 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – paragraph 1 – introductory part
Article 46 – paragraph 1 – point b – paragraph 1 – introductory part
(b) For companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, and anti- corruption and, bribery, and tax evasion matters, including:
Amendment 79 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 78/660/EEC
Article 36 – paragraph 1 – paragraph 3 – introductory part
Article 36 – paragraph 1 – paragraph 3 – introductory part
For parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, and anti- corruption and, bribery, and tax evasion matters, including the following:
Amendment 104 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/CEE
Article 46 – paragraph 1 – point b – subparagraph 1
Article 46 – paragraph 1 – point b – subparagraph 1
(b) For companies whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a netn annual turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, taxation, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 166 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/CEE
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
For parent undertakings of undertakings to be consolidated that together exceed an average number of 500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also include a non-financial statement containing information relating to at least environmental, socialtaxation, social, equality and employee matters, respect for human rights, anti- corruption and bribery matters, including the following:
Amendment 191 #
Amendment 192 #
2013/0110(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be consolidated with the Directives which it amends within three months of its entry into force.
Amendment 28 #
2013/0106(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Persons intercepted or rescued who are not in need of international protection, according to the participating units, or who do not claim such protection may be returned to their country of origin or to any other country in which they are normally resident or of which they are nationals.
Amendment 32 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In the territorial sea of the host Member State or a participating Member State, the participating units shall take one or more of the following measures when there are reasonable grounds to suspect that a ship is carrying persons intending to circumvent checks at border crossing points or is engaged in the illegal smuggling of migrants by sea:
Amendment 34 #
2013/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
d) seizing the ship and apprehending persons on boardits crew;
Amendment 37 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. On the high seas, the participating units shall take one or more of the following measures, including in respect of the flag State, when there are reasonable grounds to suspect that a ship is engaged in the illegal smuggling of migrants by sea subject to the authorispplication of the flag State in accordance with the Protocol against the Smuggling of Migrants:
Amendment 40 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Where there are reasonable grounds to suspect that a ship without nationality or one that may be assimilated to a ship without nationality is engaged in the illegal smuggling of migrants by sea, the participating unit may board and stop the ship with a view to verifying its statelessness. If suspicions prove to be founded further appropriate measures as laid down in paragraph 1 may be taken in accordance with national law and international law.
Amendment 41 #
2013/0106(COD)
Proposal for a regulation
Article 7 – paragraph 11
Article 7 – paragraph 11
11. Where the grounds for suspecting that a ship is engaged in the illegal smuggling of migrants on the high seas prove to be unfounded or the participating unit does not have jurisdiction to act, but there remains a reasonable suspicion that the ship is carrying persons intending to reach the border of a Member State and to circumvent checks at border crossing points, that ship shall continue to be monitored. The International Coordination Centre shall communicate information about the ship to the National Coordination Centre of the Member States towards which it is directed.
Amendment 339 #
2013/0103(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be available in consolidated form with the regulation it amends within three months of its entry into force.
Amendment 35 #
2013/0082(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a common framework for the notification to the Commission of data and information on investment projects in energy infrastructure in the oil, natural gas, electricity, including electricity from renewable sources, and bio- fuel sectors, and on investment projects related to the capture and storage of carbon dioxide produced by these sectors.
Amendment 8 #
2013/0081(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 9 #
2013/0081(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Once all the general and specific conditions for admission are fulfilled, Member States should issue an authorisation, i.e. a long stay visa and/or residence permit to stay, within specified time limits. If a Member State issues a residence permit on its territory only and all the conditions of this Directive relating to admission are fulfilled, the Member State should grant the third-country national concerned the requisite visas.
Amendment 10 #
2013/0081(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘volunteer’ means a third-country national admitted to the territory of a Member State to participate in a recognised voluntary service scheme of limited duration;
Amendment 11 #
2013/0081(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Once all the general and specific conditions for admission are fulfilled, applicants shall be entitled to a long-stay visa and/ortemporary residence permit. If a Member State issues residence permits only on its territory and not elsewhere and all the admission conditions laid down in this Directive are fulfilled, the Member State concerned shall issue the third country national with the requisite visa.
Amendment 12 #
2013/0081(COD)
Proposal for a directive
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) produce an agreement, which must be for a fixed period, with the organisation responsible in the Member State concerned for the voluntary service scheme in which he/she is participating, giving a description of tasks, the conditions in which he/she is supervised in the performance of those tasks, his/her working hours, the resources available to cover his/her travel, subsistence, accommodation costs and pocket money throughout his/her stay and, if appropriate, the training he/she will receive to help him/her perform his/her service;
Amendment 13 #
2013/0081(COD)
Proposal for a directive
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) produce an agreement, which must be for a fixed period, between the au- pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received and adequate arrangements allowing him/her to attend courses, and participation in day-to- day family duties.
Amendment 14 #
2013/0081(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Long-stay visas and residence permitsAuthorisations to stay shall bear the title “researcher”, “student”, “volunteer”, “school pupil”, “remunerated trainee”, “unremunerated trainee” or “au pair”. For third-country national researchers and students coming to the Union under a specific Union programme including mobility measures, the authorisation shall mention the specific programme.
Amendment 15 #
2013/0081(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) where the third-country national is residing for purposes other than those for which he/she was authorised to reside or where he/she fails to comply with the laws and regulations of the host Member State;
Amendment 16 #
2013/0081(COD)
Proposal for a directive
Article 24
Article 24
Amendment 37 #
2013/0064(COD)
Proposal for a decision
Recital 5
Recital 5
(5) Space debris has become the mosta serious threat to the sustainability of space activities. A space surveillance and tracking (hereinafter referred to as 'SST') support programme should therefore be established with the aim to support the setting up and operation of services consisting of monitoring and surveying space objects with a view to preventing damage to spacecraft resulting from collisions, as well as to prevent damage to ground infrastructure or human population as a result of. The proliferation of space debris also has an impact on the incidence of hazardous uncontrolled re- entries of entire spacecraft or space debris thereof into the Earth's atmospherespace objects. An SST service should therefore be set up so as to forecast trajectories and re-entry paths in order to provide governments and civil protection services with useful information.
Amendment 40 #
2013/0064(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The provision of SST services will benefit all public and private operators of space-based infrastructures, including the Union in view of its responsibilities for its EU space programmes – European Geostationary Navigation Overlay Service (EGNOS) and Galileo being implemented by Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo)12 and Copernicus/GMES established by Regulation (EU) No 911/2010 Of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)13 . RWarnings about uncontrolled re- entry warningand estimated earthfall zones and times will also benefit national public authorities concerned with civil protection. __________________ 12 OJ L 196, 27.4.2008, p. 1. 13 OJ L 276, 20.10.2010, p. 1.
Amendment 45 #
2013/0064(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Civil-military SSA user requirements were defined in the Commission staff working paper 'European space situational awareness high-level civil-military user requirements'14 endorsed by the Member States in the Political and Security Committee of the Council on 18 November 201115. The provision of SST services should serve only civilian purposes. Purely military requirements should not be addressed by this Decision. __________________ 14Protection of military or dual-use satellites shall constitute a civilian purpose. __________________ 14 SEC(2011) 1247 final, 12.10.2011. SEC(2011) 1247 final, 12.10.2011. 15 Council document 15715/11, 24.10.2011.
Amendment 51 #
2013/0064(COD)
Proposal for a decision
Recital 12
Recital 12
(12) Precise information on the nature, specifications and location of certain space objects may affect the security of the European Union or, its Member States or third countries. Adequate security considerations should therefore be taken into account in the establishment and operation of the network of SST sensors, the capacity to process and analyse SST data and the provision of SST services. It is therefore necessary to lay down general provisions on the use and secure exchange of SST data and information between the Member States, the EUSC and the recipients of SST services in this Decision. Furthermore, the European Commission and the European External Action Service should define the coordination mechanisms needed to address matters related to the security of the SST support programme.
Amendment 57 #
2013/0064(COD)
Proposal for a decision
Article 1 a (new)
Article 1 a (new)
Article 1a Overall objective The SST support programme shall help ensure the long-term availability of European national space infrastructure facilities and services, with the overall objective of equipping the European Union with an autonomous space surveillance system, which is essential for the security of economies, societies and citizens in Europe, mainly by contributing to the non-proliferation of space debris.
Amendment 58 #
2013/0064(COD)
Proposal for a decision
Article 2 – point 1
Article 2 – point 1
(1) 'Space object' means any man-made or natural object in outer space.
Amendment 60 #
2013/0064(COD)
Proposal for a decision
Article 2 – point 2
Article 2 – point 2
(2) 'Spacecraft' means any man-made space object serving a specific purpose, including active artificial satellites;
Amendment 62 #
2013/0064(COD)
Proposal for a decision
Article 2 – point 5
Article 2 – point 5
(5) 'SST data' means physical parameters of space objects acquired by SST sensors or space objects' orbital parameters derived from observations by those sensors.
Amendment 64 #
2013/0064(COD)
Proposal for a decision
Article 3 – introductory part
Article 3 – introductory part
The objectives of the SST Support Programme shall be to support actions aimed at establishing a SST capability giving the European Union an appropriate degree of autonomy and, in particular:
Amendment 67 #
2013/0064(COD)
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) the establishment and operation of a sensor function consisting of a network of ground-based or space-based existing national sensors to survey and track space objects and to produce a related database;
Amendment 69 #
2013/0064(COD)
Proposal for a decision
Article 3 – point b
Article 3 – point b
(b) the establishment and operation of a processing function to process and analyse the SST data captured by the sensors, including the capacity to detect and identify space objects and to build and maintain a catalogue thereofin order to produce SST information;
Amendment 70 #
2013/0064(COD)
Proposal for a decision
Article 3 – point c
Article 3 – point c
(c) the setting up and operation of a service function to provide the SST services to spacecraft operators and public authoritiesdefined in Article 4(1) to the entities referred to in Article 4(2).
Amendment 74 #
2013/0064(COD)
Proposal for a decision
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the detection and risk assessmentcharacterisation of on-orbit explosfragmentations or break-ups or collisions;
Amendment 75 #
2013/0064(COD)
Proposal for a decision
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the risk assessment of and alerts relateding to the uncontrolled re-entry of space objects and space debris into the Earth's atmosphere, and the prediction of the time and location of impactearthfall zones and times.
Amendment 81 #
2013/0064(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The SST Support Programme shall notmay provide support for the development of new SSTsensors or be involved in the upgrading of existing sensors.
Amendment 87 #
2013/0064(COD)
Proposal for a decision
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States wishing to participate in the implementation of the objectives set out in Article 3 shall submit an application to the Commission demonstratingirectly, or via a national or multinational consortium or public entity, which demonstrates compliance with the following criteria:
Amendment 94 #
2013/0064(COD)
Proposal for a decision
Article 8
Article 8
The European Union Satellite Centre (EUSC) shall participate in the implementation of the objective set out in point (c) of Article 3 and shall be eligible for financial contribution from the SST support programme subject to the conclusion of the agreement referred to in Article 10. The EUSC shall be tasked with interfacing with end users. It shall establish and set up facilities for the retrieval of SST data and distribution of services to the entities specified in Article 4(2).
Amendment 13 #
2013/0063(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, by means of implementing acts, determine the processed agricultural products listed in Annex IV to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty or an import restriction based on environmental or health standards shall apply in order to prevent or counteract adverse effects on all or part of the Union market which may result from those imports, if:
Amendment 14 #
2013/0063(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) the products do not meet the environmental or health standards imposed on Union producers;
Amendment 15 #
2013/0063(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Additional import duties shall not be imposed in accordance with paragraph 1 where the imports are unlikely to disturb all or part of the Union market, or where the effects would be disproportionate to the intended objective.
Amendment 22 #
2013/0049(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 26 and 114 thereof,
Amendment 45 #
2013/0049(COD)
Proposal for a regulation
Article 4
Article 4
Economic operators shall place or make available on the Unioninternal EU market only safe products.
Amendment 45 #
2013/0029(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be made available, consolidated with Directive 2012/34/EU which it amends, within three months of its publication.
Amendment 50 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3 – point 2
Article 1 – point 3 – point 2
Directive 2012/34/EU
Article 7 – paragraph 2
Article 7 – paragraph 2
Member States shall also ensure the same legal or natural person or persons are not allowed, directly or indirectly:
Amendment 51 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3 – point2 – point b
Article 1 – point 3 – point2 – point b
Directive 2012/34/EU
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
to appoint the director-general, members of the supervisory board, the administrative board, the board of directors or bodies legally representing an infrastructure manager, and at the same time to directly or indirectly exercise control, hold any financial interest in or exercise any right over a railway undertaking;
Amendment 52 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3 – point 3
Article 1 – point 3 – point 3
Directive 2012/34/EU
Article 7 – paragraph 3
Article 7 – paragraph 3
For the implementation of this Article, where the person referred to in paragraph 2 is a Member State or another public body, two public authorities which are separate and legally distinct and independent from each other and which are exercising control or other rights mentioned in paragraph 2 over the infrastructure manager, on the one hand, and the railway undertaking, on the other hand, shall be deemed not to be the same person or persons.
Amendment 53 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 3 – point 4
Article 1 – point 3 – point 4
Directive 2012/34/EU
Article 7 – paragraph 4
Article 7 – paragraph 4
Provided that no conflict of interest arises and that confidentiality of commercially sensitive information is guaranteed, the infrastructure manager may subcontract specific development, renewal and maintenance works, over which it shall keep the decision-making power, to railway undertakings or to any other body acting under the supervision of the infrastructure manager. These subcontracting arrangements shall be consistent with the rules governing competitive tendering and, where appropriate, public contracts. The infrastructure manager shall retain responsibility for the subcontracted works.
Amendment 57 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 4 – point 1
Article 1 – point 4 – point 1
Directive 2012/34/EU
Article 7a (new) – paragraph 1
Article 7a (new) – paragraph 1
Member States shall ensure that the infrastructure manager shall be organised in a body which is legally distinct and independent from any railway undertaking or holding company controlling such undertakings and from any other legal entities within a vertically integrated undertaking.
Amendment 73 #
2013/0029(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. The Commission shall draw up an annual summary of these communications and forward it, in all the working languages, to the Council and Parliament.
Amendment 74 #
2013/0029(COD)
Proposal for a directive
Article 3 – point 1
Article 3 – point 1
1. This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be made available in consolidated form within three months of its entry into force.
Amendment 571 #
2013/0029(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be available in consolidated form with Directive 2012/34/EU amended by it within three months of publication.
Amendment 27 #
2013/0028(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be available within three months of its publication, consolidated with Regulation (EC) No 1370/2007 which it amends.
Amendment 61 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Regulation (EC) No 1370/2007
Article 2 – point c
Article 2 – point c
"(c) "competent local authority" means any competent authority whose geographical area of competence is not nationalthat of a Member State and which covers the transport needs of an urban agglomeration or a rural district;
Amendment 89 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Regulation (EC) No 1370/2007
Article 4 – paragraph 6
Article 4 – paragraph 6
Where competent authorities, in accordance with national lawthe law of the Member State, require public service operators to comply with certain quality and social standards or establish social and qualitative criteria, these standards and criteria shall be included in the tender documents and in the public service contracts.
Amendment 95 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 1370/2007
Article 5 – paragraph 4
Article 5 – paragraph 4
Unless prohibited by national lawthe law of the Member State, the competent authorities may decide to award public service contracts directly:
Amendment 102 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 5 – paragraph 2 – subparagraph 2
Article 1 – point 5 – paragraph 2 – subparagraph 2
Regulation (EC) No 1370/2007
Article 5a – paragraph 2 – subparagraph 2
Article 5a – paragraph 2 – subparagraph 2
In the cases referred to in points (b) and (c), the competent authority shall have the right to require the public service operator to transfer the rolling stock after the expiry of the public service contract to the new operator to whom a contract is awarded. The competent authority may oblige the new public transport operator to take the rolling stock over. The transfer shall be done at market ratprices.
Amendment 104 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 7 – point a
Article 1 – point 7 – point a
Regulation (EC) No 1370/2007
Article 7 – paragraph 1
Article 7 – paragraph 1
Each competent authority shall make public once a year an aggregated report on the public service obligations for which it is responsible, the starting date and duration of the public service contracts, the selected public service operators and the compensation payments and exclusive rights granted to the said public service operators by way of reimbursement. The report shall distinguish between bus transport and rail transport, allow the performance, quality and financing of the public transport network to be monitored and assessed and, if appropriate, provide information on the nature and extent of any exclusive rights granted. Member States shall facilitate central access to these reports, for instance through a common web portal. The Commission shall produce a summary of these reports and submit it, in all the working languages, to the Council and Parliament.
Amendment 107 #
2013/0028(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be made available in consolidated form within three months of its entry into force.
Amendment 420 #
2013/0028(COD)
Proposal for a regulation
Article 2
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be made available in the form of a text consolidated with Regulation (EC) No 1370/2007, which it shall amend within three months of its publication.
Amendment 273 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. In the early warnings, the competent authorities and the Commission shall communicate any relevant information in their possession that may be useful for assessing the risk or incident where required by the gravity of the situation. The Commission shall be responsible for assessing the gravity of the situation for the purposes of implementing this provision.
Amendment 289 #
2013/0027(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
When the Union has concluded international agreements with third countries or international organizations, it shall provide for their participation in certain cooperation network activities, including cybersecurity, without prejudice to informal international cooperation network activities. Such agreement shall take into account the need to ensure adequate protection of the personal data circulating on the cooperation network.
Amendment 178 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) insurance undertakings;
Amendment 188 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point e
Article 2 – paragraph 1 – point 3 – point e
(e) other natural or legal persons trading in goods or services, only to the extent that payments are made or received in cash in an amount of EUR 7 500 or more, whether the transaction is executed in a single operation or in several operations which appear to be linked;
Amendment 197 #
2013/0025(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point f a (new)
Article 2 – paragraph 1 – point 3 – point f a (new)
(fa) undertakings that primarily operate with cash;
Amendment 46 #
2013/0024(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Flows of dirty moneymoney related to money laundering that circulate through transfers of funds can damage the stability and reputation of the financial sector and threaten the internal market. Terrorism shakes the very foundations of our society. The soundness, integrity and stability of the system of transfers of funds and confidence in the financial system as a whole could be seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes.
Amendment 72 #
2013/0024(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the surname and first name of the payer;
Amendment 74 #
2013/0024(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the surname and first name of the payee; and
Amendment 75 #
2013/0024(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source.
Amendment 129 #
2013/0024(COD)
Proposal for a regulation
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. The independent auditor(s) responsible for checking the payment service provider’s accounts shall disclose any breaches of this regulation it/they may have discovered in performing this task to the competent judicial authorities promptly and without incurring any liability in making such a disclosure;
Amendment 19 #
2013/0023(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Reporting by the Commission and review - final provisions
Amendment 20 #
2013/0023(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Commission shall, on behalf of the European Union, consider the negotiation of appropriate agreements with non-EU countries that use the euro as a currency in order to oppose and pursue any activity likely to call into question the authenticity of the euro through counterfeiting and, more generally, in order to attain the objectives of this Directive.
Amendment 35 #
2013/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) '‘currency'’ means notes and coins, the circulation of which is legally authorised, including euro notes and euro coins, the circulation of which is legally authorised pursuant to Regulation (EC) No 974/98, namely fiduciary money;
Amendment 36 #
2013/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
b) '‘legal person'’ means any entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations;
Amendment 37 #
2013/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) the fraudulent uttering of counterfeit currency;
Amendment 40 #
2013/0023(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The conduct referred to in paragraph 1 includes conduct in relation to notes andor coins which are not yet issued, but are designed for circulation and are of a currency which is legal tender.
Amendment 53 #
2013/0023(COD)
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Auditors who are responsible for auditing the annual accounts of legal persons shall reveal to the competent judicial authorities any proven offences referred to in Articles 3 and 4 of this Directive without their liability being called into question as a result of this revelation.
Amendment 11 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 912/2010
Article 3 – paragraph 2
Article 3 – paragraph 2
The bodies of the Agency shall accomplish their tasks, as specified in Articles 6, 8 and 11 respectively, in accordance with the guidelines issued by the Commission as set out in Article 16 of Regulation (EC) No 683/2008European Union.
Amendment 12 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 912/2010
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The Agency may decide to set upestablish local offices in the Member States, subject to their agreement, or in third countries participating in the work of the Agency, pursuant to in accordance with Article 23.
Amendment 13 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 912/2010
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The provisions relating to the installation and operation of the Agency in the Member States and host third countries and those relating to advantages accorded by the latter to the Executive Director, members of the Administrative Board, Agency staff and members of their families are subject to specific arrangements made by the Agency with those Member States and countries. The specific arrangementre subject to specific arrangements made by the Agency with those Member States and countries. Advantages and specific arrangements accorded by Member States and host countries to the Executive Director, members of the Administrative Board, Agency staff and members of their families shall be approved by the Administrative BoardCommission.
Amendment 14 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) No 912/2010
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
Amendment 15 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) No 912/2010
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The duration of the term of office of the Administrative Board members, with the exception of the representative of the European Parliament, shall be four years and shall be renewable.
Amendment 16 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) No 912/2010
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
The European Parliament shall appoint, for the duration of its term, a non-voting representative to the Administrative Board.
Amendment 17 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 912/2010
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
adopt the annual report on the activities and prospects of the Agency, having incorporated the section drafted by the Security Accreditation Board in accordance with Article 11(3)d) and forward it, by 31 JulyMarch of the following year, to the European Parliament, the Council, the Commission and the Court of Auditors;
Amendment 18 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 912/2010
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The Administrative Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of other servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director shall be authorised to sub-delegate these powers. The Executive Director shall report to the Administrative Board, at the following meeting, on the decisions taken under delegated powers.
Amendment 19 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 912/2010
Article 6 – paragraph 3 – subparagraph 3
Article 6 – paragraph 3 – subparagraph 3
Amendment 20 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 912/2010
Article 6 – paragraph 3 – subparagraph 4
Article 6 – paragraph 3 – subparagraph 4
However, by way of derogation from the second paragraph, the Administrative Board shall be required to delegate to the Chairperson of the Security Accreditation Board the powers referred to in the first subparagraph with regard to recruitment, assessment and recategorising of staff involved in the activities covered in Chapter III and the disciplinary measures to be taken with regard to the abovementioned staff. The Chairperson of the Security Accreditation Board shall report to the Administrative Board, at the following meeting, on the decisions taken under delegated powers.
Amendment 22 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
The Agency shall be managed by its Executive Director, who shall carry out his/her duties under the supervisionauthority of the Administrative Board, without prejudice to the powers granted to the Security Accreditation Board and the Chairperson of the Security Accreditation Board in Article in Articles 11 and 11a respectively.'
Amendment 23 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) No 912/2010
Article 8 – paragraph 1 – point 14
Article 8 – paragraph 1 – point 14
(14) he/she shall draw up an anti-fraud strategy for the Agency, including disclosure to OLAF of any confirmed case of fraud of which Agency staff could have had knowledge, and submit it to the Administrative Board for approval.'
Amendment 25 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
réglement (UE) n° 912/2010
Article 14 – paragraph 10
Article 14 – paragraph 10
The European Parliament, on a recommendation from the Council acting onby a qualified majority, shall, before 30 April of the year N + 2, grant discharge to the Executive Director in respect of the implementation of the budget for year N, with the exception of the part of the budget implementation covering tasks whi. Where disch are, where appropriate, entrge is refusted to, the Agency under Article [15(1)(d)] of the Regulation [future GNSS regulation] to which shall apply the procedure referred to in Articles 164 and 165 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002Executive Director shall tender his resignation to the Administrative Board.
Amendment 26 #
2013/0022(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) No 912/2010
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Court of Auditors shall have thefull authority to supervise the Agency, including beneficiaries of the Agency's funding as well as contractors and sub- contractors who have received Union funds via the Agency, on the basis of documents provided to it or on-the-spot checks.
Amendment 29 #
2013/0022(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall enter into force on the [twentieth] day following its publication in the Official Journal of the European Union. It shall be consolidated with the Regulation it is amending within three months of its publication.
Amendment 46 #
2013/0014(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) adopt the Annual Report on the Agency’s activities for the previous year, send it, by 31 JulyMarch the following year, to the European Parliament, the Council, the Commission and the, the European Court of Auditors and make itthe Court of Justice of the European Union. The report shall be made public;
Amendment 48 #
2013/0014(COD)
Proposal for a regulation
Article 47 – paragraph 2 – subparagraph 1
Article 47 – paragraph 2 – subparagraph 1
The Management Board shall adopt, in accordance with the procedure provided for in Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended. The Executive Director is authorised to sub-delegate these powers. This shall not affect his or her liability. The Executive Director shall inform the Management Board of such delegations and sub-delegations.
Amendment 49 #
2013/0014(COD)
Proposal for a regulation
Article 47 – paragraph 2 – subparagraph 2
Article 47 – paragraph 2 – subparagraph 2
In application of the previous subparagraph, where exceptional circumstances so require, the Management Board may, by way of a decision, suspend temporarily the delegation of appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director. The delegatee shall inform the Management Board of such a delegation.
Amendment 52 #
2013/0014(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. By 1 March28 February at the latest following each financial year, the Agency’s accounting officer shall communicate the provisional accounts to the Commission’s accounting officer together with a report on the budgetary and financial management for that financial year. The Commission’s accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 147 of Regulation (EU, Euratom) No 966/2012 (the general Financial Regulation).
Amendment 53 #
2013/0014(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. On receiptBased, where necessary, ofn the Court of Auditors’ observations on the Agency’s provisional accounts, under Article 148 of the general Financial Regulation, the Executive Director shall draw up the Agency’s final accounts under his own responsibility and submit them, together with a statement of assurance, to the Management Board for an opinionpproval.
Amendment 54 #
2013/0014(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. The Management Board shall deliver an opinion onapprove the Agency’s final accounts.
Amendment 55 #
2013/0014(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. The Executive Director shall, by 1 July30 April at the latest following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board’s opiniondecision on the accounts.
Amendment 56 #
2013/0014(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. The final accounts shall be published before 1 July the following financial year.
Amendment 57 #
2013/0014(COD)
Proposal for a regulation
Article 59 – paragraph 8
Article 59 – paragraph 8
8. The Executive Director shall send the Court of Auditors a reply to its observations by 30 September1 July at the latest following each financial year. He shall also send this reply to the Management Board.
Amendment 58 #
2013/0014(COD)
Proposal for a regulation
Article 59 – paragraph 10 a (new)
Article 59 – paragraph 10 a (new)
10a. If the European Parliament refuses to grant discharge, the Executive Director shall submit his or her resignation to the Management Board and the Commission shall expedite a thoroughgoing internal audit. The results of that audit shall be notified to the European Parliament, which may ask the Commission to revoke all or part of the Management Board.
Amendment 59 #
2013/0014(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
The financial rules applicable to the Agency shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Regulation (EC, Euratom) No 2343/200213, unless such a departure is specifically required for the Agency’s operation and the Commission’s accounting officer has given itshis or her prior consent. __________________ 13 Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 72).
Amendment 60 #
2013/0014(COD)
Proposal for a regulation
Article 62 – paragraph 2 – subparagraph 3
Article 62 – paragraph 2 – subparagraph 3
Before appointment, the candidate selected by the Management Board mayshall be invited to make a statement before the competent committee of the European Parliament and to answer questions by its members. The European Parliament may object to the candidate proposed by the Management Board.
Amendment 61 #
2013/0014(COD)
Proposal for a regulation
Article 62 – paragraph 5
Article 62 – paragraph 5
5. The Management Board shall inform the European Parliament about its intention to extend the Executive Director’s term of office. Within the month before any such extension, the Executive Director may be invited to make a statement before the competent committee of the Parliament and answer questions put by its members. The European Parliament may object to the extension proposed by the Management Board.
Amendment 63 #
2013/0014(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
The Protocol on the Privileges and Immunities of the European Union shall apply to the agency and its staffExecutive Director of the Agency and to the members of the Management Board.
Amendment 64 #
2013/0014(COD)
Proposal for a regulation
Article 72 – paragraph 4 a (new)
Article 72 – paragraph 4 a (new)
4a. The Management Board, the Executive Director and members of staff shall disclose to OLAF any confirmed case of fraud of which they become aware during their term of office or in the course of their duties. This disclosure shall not render them liable to prosecution.
Amendment 3 #
2012/2829(RSP)
Motion for a resolution
Recital D
Recital D
D. the President of the European Commission is elected by Parliament on the proposal of the European Council, acting by a qualified majority, which must take into account the result of the elections and must have consulted the new Parliamentto Parliament and have held the appropriate consultations before making its nomination(s); ;
Amendment 4 #
2012/2829(RSP)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. The Commission, as a body, shall be responsible to the European Parliament;
Amendment 6 #
2012/2829(RSP)
Motion for a resolution
Recital G
Recital G
G. Parliament votes its consent to the appointment of the whole college of Commissioners after having heard the candidates suggested by member statesproposed by the Council in common accord with the President-elect, on the basis of suggestions made by the Member States;
Amendment 6 #
2012/2323(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes the very substantial increase in the possibilities offered by delegated acts with regard to with legislative acts; expresses its concern that the European Parliament lacks sufficient staff to assume fully its political responsibilities in scrutinising the process of delegation to the Commission, for example expressing its objections to the deadline stipulated in a basic legislative act; calls for a quantitative and qualitative assessment of staff needed by the European Parliament to assume properly its responsibility as co- legislator.
Amendment 54 #
2012/2322(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that sport only receives a low financial return on commercial betting activities although it constitutes the main activity area for online gambling; recommends, therefore, the setting of a common minimum percentage of gambling revenues to be redistributed to sports federorganisations, that have to ensure sustainable financing for grassroots sport;
Amendment 89 #
2012/2322(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for a general ban to prevent sportspersons and organisers of sporting events from placing bets on their own matches or events with which they have a direct or indirect involvements;
Amendment 1 #
2012/2308(INI)
Draft opinion
Paragraph -A a (new)
Paragraph -A a (new)
-Aa. having regard to Article 341 of the Treaty on the Functioning of the European Union, the former Article 249 of the Treaty establishing the European Community;
Amendment 2 #
2012/2308(INI)
Draft opinion
Paragraph -A b (new)
Paragraph -A b (new)
-Ab. having regard to the Edinburgh European Council of 11 and 12 December 1992;
Amendment 3 #
2012/2308(INI)
Draft opinion
Paragraph -A (new)
Paragraph -A (new)
-A. having regard to the judgment handed down by the Court of Justice on 1 October 1997 in Case C-345/95 confirming that the seat of the European Parliament is fixed in accordance with Article 289 of the Treaty establishing the European Community;
Amendment 4 #
2012/2308(INI)
Draft opinion
Paragraph -A (new)
Paragraph -A (new)
-A. having regard to Protocol No 6 on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union;
Amendment 6 #
2012/2308(INI)
Draft opinion
Paragraph A
Paragraph A
A. whereas certain petitions have been deposited requesting that the establishment of the European Parliament in more than one place be discontinuedconcerning the seat and places of work of the European Parliament;
Amendment 23 #
2012/2308(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the protocols on the seats of the institutions are governed by mutual respect for the respective powers of the Member States and of Parliament;
Amendment 34 #
2012/2308(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECJ has stated that the location of the seat is not to hinder the well-functioning of Parliament; whereas it has further stated that there are disadvantages and costs engendered by the plurality of working locations, but also that any improvement of the current situation requires a Treaty change and, thus, the consent ofresponsibility for remedying this lies neither with Parliament nor with the Court, but, rather, by exercising their exclusive power to determine the seats of the institutions, with the Member States;
Amendment 34 #
2012/2308(INI)
Draft opinion
Paragraph C
Paragraph C
Amendment 37 #
2012/2308(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Parliament has undergone a complete transformation, from a consultative body with 78 seconded members that – mostly for practical reasons – shared its facilities with the Parliamentary Assembly of the Council of Europe in Strasbourg, into a fully fledged, directly elected Parliament with 754 members thatcomprises 754 Members elected by direct universal suffrage and is today co-legislator on equal terms with the Council;
Amendment 39 #
2012/2308(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the seat of the European Parliament in Strasbourg was confirmed by the Edinburgh European Council in 1992 and the Amsterdam Treaty in 1997 and then incorporated in the Lisbon Treaty in 2009;
Amendment 42 #
2012/2308(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the increase in legislative activity and responsibility is reflected in the fact that the number of statutory staff in Brussels increased by 377 % (from 1 180 to 5 635 staff members) from 1993 to 2013, by far exceeding the 48 % increase in the number of MEPs in the same periodincrease in staff at Parliament’s three places of work;
Amendment 43 #
2012/2308(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the structure of Parliament’s calendar (fixed during the Edinburgh Summit in 1992) predates all changes to its rolehas not been called into question, since it was confirmed in Protocol No 6 annexed to the Treaty of Lisbon, and the increase in Parliament’s powers arising from the adoption of the Treaties of Maastricht, Amsterdam, Nice and Lisbon has therefore been taken into account;
Amendment 46 #
2012/2308(INI)
Draft opinion
Paragraph C a (new)
Paragraph C a (new)
Ca. whereas, in the organisation of democracies, there is no rule indicating that it is the parliament that decides on its seat and whereas, moreover, in many Member States, parliament’s seat is laid down either in the Constitution or by law or by decision of the government, but not by means of a particular decision by the parliament itself;
Amendment 47 #
2012/2308(INI)
Motion for a resolution
Recital K
Recital K
Amendment 49 #
2012/2308(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the fact of geographical distance between the official seats of the co- legislative bodies – 435 km – isolates Parliament not only fromreflects the multi- centre principle with regard to the seats of the European institutions and, during part-sessions, the attention of the Council and the Commission, but also ofrom other stakeholders, such as NGOs, civil society organisations and Member State representations, and ofrom one of the world’s largest international journalistic communities, is fully focused on the work of Parliament;
Amendment 53 #
2012/2308(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the additional annual costs resulting from the geographic dispersion of Parliament have conservatively been estimated to range between EUR 169 million and EUR 204 million4, which is equivalent to between 15 % and 20 % of Parliament’s annual budget, while the environmental impact is also significant, with the CO2 emissions associated with the transfers to and from the three working locations estimated to amount to at least 19 000 tonnes5Parliament must make sure that its environmental impact is limited ;
Amendment 56 #
2012/2308(INI)
Motion for a resolution
Recital M – footnote 4
Recital M – footnote 4
Amendment 58 #
2012/2308(INI)
Motion for a resolution
Recital M – footnote 5
Recital M – footnote 5
Amendment 64 #
2012/2308(INI)
Motion for a resolution
Recital N
Recital N
Amendment 65 #
2012/2308(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the decision by the Committee on Constitutional Affairs to draw up a report on the location of the seats of the European Union’s institutions;
Amendment 72 #
2012/2308(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Parliament, since its suggestion in 1958 to be sited in proximity to the Council and the Commission, has via numerous reports, declarations and statements alwaysoften expressed its wish for a more practical and efficient working arrangement;
Amendment 75 #
2012/2308(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas citizens of the EU – including the 1.27 million citizens who signed a pehave expressed their views concerning the location of the various European institutions asking for a single seat – have repeatedly expressed their discontent with the current arrangementnd agencies by means of petitions;
Amendment 79 #
2012/2308(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas, in the organisation of democracies, there are no rules indicating that it is the parliament that decides on its seat and whereas, moreover, in many Member States, parliament’s seat is laid down either in the Constitution or by law or by decision of the government, but not by means of a particular decision by the parliament itself;
Amendment 80 #
2012/2308(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Agrees with the principle that the European Parliament would be more effective, cost-efficient and respectful of the environment if it were located in a single place; and notes that the continuation of the monthly migration between Brussels and Strasbourg has become a symbolic negative issue amongst most EU citizens which is detrimental to Parliament’s reputationmust bow to the logic of more cost-efficient and environment-friendly working arrangements;
Amendment 87 #
2012/2308(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that Parliament should have the right to determine its own working arrangements, including the righPoints out that it is not up to Parliament to determine where its seat will be but that tohe decide where and when it holds its meetingssion has to be taken by the Member States unanimously;
Amendment 101 #
2012/2308(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 112 #
2012/2308(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Respects and underlines the historic reasons for the location of its plenary sessions in Strasbourg and the Treaty requirements that necessitate the two-seat system; nevertheless insists that such an arrangement cannot continue in perpetuity and that Parliament itself must be able to state a preference for its futuresystem of a seat and three places of work;
Amendment 149 #
2012/2308(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for Parliament to express its view as to whether the current arrangement should continue; and if an appropriate majority vote is recorded, recommends that Parliament propose Treaty changes under Article 48Points out that it is not up to Parliament to determine where its seat will be; the decision has to be taken by the Member States unanimously.
Amendment 18 #
2012/2306(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the State aid policy, which with the banks has helped to stabilise the financial system; calls on the Commission to extend assessment of the proper functioning of the single market to include state-owned long-term investment banks, including the European Investment Bank;
Amendment 20 #
2012/2306(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Proposes that an EU policy on supervision of regulated activities be introduced;
Amendment 5 #
2012/2294(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the scale of the crisis presents a unique and historic opportunity to bring forth transformational change in our economies, paving the way for truly sustainable and socially fair long-term development;
Amendment 6 #
2012/2294(INI)
Motion for a resolution
Recital C
Recital C
C. whereas tThe growth of GreenTech in the past years has shown that investing in green growth is anot a costly duty but a huge economic opportunity; whereas although nearly every sector has suffered big losses as a result of the recession, the green sector has suffered a drop in growth but is still growing;
Amendment 8 #
2012/2294(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is necessary to replacemove away from the current resource-intensive economy by a and towards a resource-efficient one, by transforming established industries into green high value-added industries that creates jobs while protecting the environment;
Amendment 93 #
2012/2294(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the European Council to focus on eco-innovation and jobs and growth generated by environmental policy as part of its responsibility for providing the necessary impetus for the development of the EU, making appropriate comparisons with what is being done on the other continents with which we are competing, and to ensure that environmental transition does not undermine EU competitiveness and does not result in deindustrialisation;
Amendment 56 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that social convergence must be made a policy priority and that European transnational company agreements can be powerful tools for moving towards that social convergence;
Amendment 159 #
2012/2289(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for the EU to implement a conflict prevention policy;
Amendment 261 #
2012/2289(INI)
Motion for a resolution
Paragraph 39 – point b a (new)
Paragraph 39 – point b a (new)
(ba) the post-2015 development agenda should be decided in cooperation with the Member States;
Amendment 275 #
2012/2289(INI)
Motion for a resolution
Paragraph 39 – subparagraph 1 (new)
Paragraph 39 – subparagraph 1 (new)
Proposes that, with a view to devising the post-2015 development agenda, an independent audit should be carried out of the development policies of the EU, the Member States and the regions, also covering the European Investment Bank and the European Development Fund, the communitisation of which could be envisaged, in order to have an overview of the effectiveness of public spending on development; suggests that this independent audit be carried out by the European Court of Auditors and the national audit institutions and made available in the working languages of the Union in order to inform the political debate on the post-2015 development agenda, which should involve the committees responsible of the Member State parliaments;
Amendment 1 #
2012/2286(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the decision by EIB shareholders to increase the fully paid-in subscribed capital by EUR 10 billion, which should allow the EIB to provide up to EUR 60 billion in additional long-term lending; calls for an explanation ofn the figure of EUR 60 billion, given that Article 16(5) of Protocol No 5 to the TFEUconsonance of that additional intervention capacity with Article 16(5) of Protocol No 5 to the Treaty on the Functioning of the European Union on the statute of the EIB, which provides that the aggregate amount outstanding of loans and guarantees shall not exceed 2.5 times the subscribed capital, which would mean an additional amount outstanding of EUR 25 billion, not EUR 60 billion;
Amendment 2 #
2012/2286(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reaffirms the importance of the EIB voluntarily complying with the current Basel II capital requirements, and suggests that it meet the forthcoming Basel III obligations while remaining mindful of the specific nature of its activities; considers it very important for the EIB to maintain its triple A rating;
Amendment 3 #
2012/2286(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the overall level of credit risk in the Bank’s loan portfolio has risen owing, on the one hand, to growing pressure on the credit standing of counterparties due to the continuing effects of the economic crisis and, on the other hand, to the increased credit risk inherent in new operations; recommends that the EIB take appropriate measures to avoid a deterioration of its loan portfolio;
Amendment 4 #
2012/2286(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that European Union project bonds will be financbacked jointly by the Union and the EIB; supports the call by EU Member States for the Bank to develop such project bonds in order to improve the long- term financing of major infrastructure projects;
Amendment 5 #
2012/2286(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses, however, that in the case of infrastructure funded by the EIB on a public-private partnership (PPP) basis, accumulated public-sector payments should be publicised and a clear distinction drawn between the risks borne by the public and those borne by the private partners;
Amendment 6 #
2012/2286(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Proposes that the Commission, in conjunction with the EIB (in view of the quality of the latter’s human resources and its experience in financing major infrastructure), engage in a process of strategic analysis of investment funding, without ruling out any possible scenario, including subsidies, the release of sums subscribed by the Member States to the EIB’s capital, subscriptions by the European Union to the capital of the EIB, loans, innovative instruments, financial engineering tailored to long-term projects which are not immediately profitable, the development of guarantee systems, the creation of an investment section within the Union budget, financial consortia between European, national and local authorities, public-private partnerships, etc.
Amendment 7 #
2012/2286(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Believes that the EIB, as a bank needing to maintain its triple A rating, must not be exposed on financial interventions that would normally come under the investment section of a public budget, which is something that the EU budget is lacking;
Amendment 8 #
2012/2286(INI)
Draft opinion
Paragraph 5 – subparagraph 1
Paragraph 5 – subparagraph 1
regrets that the EIB has takenCommission has proposed no action in this regard, despite Parliament'’s requests, dating back to 2007;
Amendment 9 #
2012/2286(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the remuneration of the guarantee granted by the European Union for operations conducted outside the Union to be paid to the general budget of the Union; calls on DG CompetitCommission to provide an assurance to the European Parliament that EIB activities comply with competition rules, particularly with regard to other credit institutions;
Amendment 10 #
2012/2286(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reiterates its proposal for the European Union to become a member of the EIB.
Amendment 2 #
2012/2285(INI)
Motion for a resolution
Paragraph 1a (new)
Paragraph 1a (new)
Amendment 3 #
2012/2285(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that it is equally important to ensure the protection of those financial interests both at the level of collection of the EU's own resources and at the level of expenditure;
Amendment 6 #
2012/2285(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the report from the Commission to the European Parliament and the Council on the Protection of the European Union's financial interests - Fight against fraud - Annual Report 2011 ('the Commission's annual report'); regrets, however, that the report is limited to the data reported by the Member States in different ways and therefore does not indicate the actual scale of irregularities and fraud, and that consequently it is not possible to evaluate the overall scale of irregularities and fraud in individual Member States or to identify and discipline those Member States with the highest level of irregularities and fraud as has been repeatedly requested by Parliament;
Amendment 13 #
2012/2285(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for corruption with an impact on the financial interests of the European Union to be considered as fraud as regards the application of Article 325(5) of the TFEU and to be included in the Commission's annual report on the protection of the European Union's financial interests - Fight against fraud;
Amendment 52 #
2012/2285(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Proposes looking into the possibility of setting up a team of European customs officials who specialise in combating fraud which would work alongside national customs authorities;
Amendment 17 #
2012/2263(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the reasons behind the arrival of unaccompanied minors are diverse: war, violence, violations of their fundamental rights, natural disasters, poverty, trafficking, exploitation, parental child abduction, running away from home, etc.;
Amendment 104 #
2012/2263(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that no child should be prevented from gaining access to the territory or be sent back by means of a summary procedure at the border of a Member Stateat the border of a Member State without an appropriate procedure being conducted;
Amendment 109 #
2012/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention without first conducting an appropriate procedure which takes account of the fact that the person concerned is a minor;
Amendment 110 #
2012/2258(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Proposes the EU policies under Title XII of the Treaty on the Functioning of the European Union concerning education and sport include a section on active ageing;
Amendment 112 #
2012/2258(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Proposes that measures be taken to encourage retirement combined with some form of activity;
Amendment 2 #
2012/2253(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. GPostpones its decision on grantsing the Executive Director of the ENIAC Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2012;
Amendment 5 #
2012/2253(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned that the Joint Undertaking received, for the second year in a row, a qualified opinion from the Court of Auditors on the legality and regularity of the transactions underlying the annual accounts on the grounds that the Joint Undertaking was not in a position to assess whether the ex post audit strategy, which relies heavily on the national funding authorities to audit project cost claims, provides sufficient assurance with respect to the legality and regularity of the underlying transactions;
Amendment 6 #
2012/2253(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the ENIAC Joint Undertaking to submit a report to Parliament on the negative aspects recorded by the Court of Auditors; calls for that report, together with an assessment by the Court of Auditors, to be submitted to Parliament in time for it to take a final decision on discharge for the financial year 2012;
Amendment 39 #
2012/2234(INI)
Motion for a resolution
Recital E
Recital E
E. whereas rising unemployment has hurt pay-as-you-go pension schemes, while funded systems are hit by disappointing financial markets returns and capital risk;
Amendment 75 #
2012/2234(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the likelihood of a long- term, low-growth economic scenario, which will require Member States to consolidate their budgets and reform their economies under austere conditions through sound management of public finances; subscribes, therefore, to the view expressed in the Commission’s White Paper that people will need to build up complementary occupational and if possible private pension savings;
Amendment 94 #
2012/2234(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that first-pillar pensions remain the most important source of income for pensioners; calls on Member States to implement reforms to their first-pillar systems aligning contributory years to the changing life expectancy and ratio between pensioners and people in working age, also to prevent public pension costs crowding out other important government spending; calls on the Member States to ensure first-pillar pensions - if necessary complemented by minimum income provisions - to provide a decent minimum income;
Amendment 303 #
2012/2234(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls for funding to be provided to cover the EU’s liabilities relating to European institution staff pensions, which stood at EUR 34.835 billion on 31 December 2011;
Amendment 2 #
2012/2221(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Postpones its decision on granting the Executive Director of the ENIAC Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2011;
Amendment 5 #
2012/2221(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the ENIAC Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2011;
Amendment 2 #
2012/2220(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Postpones the decision granting the Executive Director of the Fuel Cells and HydrogenCH Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2011;
Amendment 5 #
2012/2220(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the Fuel Cells and HydrogenCH Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2011;
Amendment 2 #
2012/2219(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Postpones the decision to grant the Executive Director of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2011;
Amendment 5 #
2012/2219(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2011;
Amendment 2 #
2012/2218(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Postpones its decision on granting the Executive Director of the ARTEMIS Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;
Amendment 5 #
2012/2218(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the ARTEMIS Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’'s budget for the financial year 2011;
Amendment 2 #
2012/2217(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Postpones its decision on granting the Executive Director of the Clean Sky Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;
Amendment 5 #
2012/2217(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. ...Grants the Executive Director of the Clean Sky Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’'s budget for the financial year 2011;
Amendment 1 #
2012/2169(DEC)
Proposal for a decision
Paragraph 1
Paragraph 1
1. Grants/refuses to grant the Secretary- General of the Council discharge in respect of the implementation of the European Council's and the Council's budget for the financial year 2011;
Amendment 1 #
2012/2169(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Council discharge in respect of the implementation of the European Council's and the Council's budget for the financial year 2011; / postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the European Council's and the Council's budget for the financial year 2011;
Amendment 2 #
2012/2167(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants/postpones the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2011;
Amendment 15 #
2012/2167(DEC)
Motion for a resolution
Paragraph 1 – point a a (new)
Paragraph 1 – point a a (new)
(aa) Regards it as abnormal that the annual accounts should include negative net assets of EUR 33.8 billion, and wonders whether the amounts to be called in from the Member States in respect of staff pensions, which are estimated at EUR 34.8 billion, should not be entered as an asset, given that they are clearly a commitment; notes the Commission accounting officer’s explanations to the effect that international public-sector accounting standards have been applied; calls on the European Court of Auditors to deliver an explicit opinion on this matter; calls for a figure to be put on the risk of this commitment not being recovered, in the light of the Member States’ financial situation; proposes that consideration should be given to setting up a Community pension fund in order to get these financial commitments vis-à-vis staff off the balance sheet;
Amendment 66 #
2012/2167(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that in addition to delivering one opinion on the reliability of the accounts, the European Court of Auditors delivers three on the legality and regularity of the underlying operations; takes the view that this plethora of opinions makes it more difficult for Members of the European Parliament to assess the Commission's implementation of the budget;
Amendment 68 #
2012/2167(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that the Court establishes, on the basis of its audits, the most likely error rate, which in 2011 stood at 3,9% for payments, that, over the years, the institutions arrived at an informal understanding that the materiality threshold for errors is 2%, and that, if the most likely error rate is above this threshold, the Court will give an adverse opinion;
Amendment 69 #
2012/2167(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that, in accordance with international audit standards, the external auditor should set the materiality threshold for errors independently;
Amendment 70 #
2012/2167(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that errors should not necessarily be considered asa distinction must be drawn between errors and fraud and considers that, in the vast majority of cases, errors stem from administrative mistakes, many of which are linked to the complexity of European and national rules, which can be corrected;
Amendment 75 #
2012/2167(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls, therefore, pursuant to Article 287(3) TFEU, for closer cooperation between national audit institutions and the European Court of Auditors in connection with the auditing of shared- management arrangements;
Amendment 76 #
2012/2167(DEC)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Proposes that consideration should be given to having the national audit institutions deliver, in a capacity as independent external auditors and in accordance with international audit standards, national audit certificates in respect of the management of Community funds; these certificates would be submitted to the Member State governments with a view to their being produced as part of the discharge process, on the basis of an appropriate interinstitutional procedure to be established;
Amendment 77 #
2012/2167(DEC)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Criticises the fact that it takes Parliament too long to reach a discharge decision; proposes that a working party should be set up to propose ways of ensuring that Parliament takes a decision on the discharge in the year after the one being audited;
Amendment 126 #
2012/2167(DEC)
Motion for a resolution
Paragraph 59 a (new)
Paragraph 59 a (new)
59a. Calls, pursuant to the second subparagraph of Article 287(4) TFEU, for the European Court of Auditors to deliver an opinion on the independence of the national audit authorities in the context of shared management;
Amendment 137 #
2012/2167(DEC)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Welcomes the entry into force of the European Stability Mechanism but reiterates its warning againstcriticises the setting- up of that Mechanism outside the Union's institutional framework as this, which precludes any actual democratic, political and budgetary control by the institutions of the Union, in particular Parliament;
Amendment 277 #
2012/2167(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas Europe is facing an economic serious budgetary and financial crisis in additionwhich may give rise to a crisis of confidence in its institutions, a situatthe Union, and whereas it is important that, through the Commission, which requires Parliament to be particularly rigorous when scrutinising the accounts of the Commissionimplements the Union budget, the European Union should set a good example of sound public management; whereas this sound public management is vital to the Union’s retention of its AAA rating, which is important, particularly to meet the commitment to provide EUR 60 billion in guarantees for the European Stability Mechanism;
Amendment 279 #
2012/2167(DEC)
Motion for a resolution
Recital B
Recital B
Amendment 35 #
2012/2150(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the Commission’s insistence on conducting growth- and competitiveness-enhancing structural reforms to allow the EU to get to grips with the crisis and regain its preeminent role in the world economy; supports the Commission’s efforts to correct the macroeconomic imbalances within the euro area;
Amendment 107 #
2012/2150(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Reiterates the need to involve Parliament – the only supranational European institution with electoral legitimacy – in economic policy coordination;
Amendment 118 #
2012/2150(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Instructs its President to forward this resolution to the European Council, the governments of the Member States, the Commission, the national parliaments and the European Central Bank.
Amendment 60 #
2012/2144(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 72 #
2012/2144(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the diversity of national standards is causing fragmentation; encourages the development of voluntary European standards for services to improve cross-border comparability; proposes that compliance with the standards applicable to services should be monitored by appropriate independent European authorities;
Amendment 86 #
2012/2144(INI)
Motion for a resolution
Subheading 4
Subheading 4
Better enforcement for maximised economic and social effects
Amendment 89 #
2012/2144(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to put propose effective ways of recognising and promoting the role played by the social partners in the services sector at European level, whilst taking due account of the differences in national systems; proposes that social convergence in the services sector should be made a political priority;
Amendment 117 #
2012/2144(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Member States and their administrations to enforce the principle of the application of employment law provisions in the place where a service is provided and to combat more vigorously fraud based, in particular, on social dumping;
Amendment 128 #
2012/2144(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges the members of the European Council to take fullassume their political responsibility for a well functioning internal market for serviceies to the full, without, however, putting forward legislative proposals; invites the President Van Rompuy to keepof the European Council to place thise topic of the internal market on the European Council’s agenda for as long as it takes, with a commonly agreed roadmap, including specific benchmarks and a timetable for Member States to remove remaining hurdlso that much-needed fresh impetus can be given to the development of that market on the basis of a commonly agreed roadmap, including specific benchmarks and a timetable for drawing up general guidelines and general political priorities for the completion of the internal market, and in particular that for services;
Amendment 132 #
2012/2144(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Instructs its President to forward this resolution to the European Council, the Council, the Commission and the governparliaments and parliagovernments of the Member States.
Amendment 1 #
2012/2140(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Court of Auditors’ Special Report No 9/2012, and endorses the Court of Auditors’ conclusions; regrets that audit visits were made to only six Member States, even allowing for the fact that these were the countries most directly concerned;
Amendment 3 #
2012/2140(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its concern that many organic products are more costly than non-organic products; as a result, price-sensitive consumers and people living on lower incomes are not able or are less able to afford these healthier products;
Amendment 5 #
2012/2140(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Regrets that there is no scientific way to determine whether a product is organic or not and that the control system thus serves to guarantee production processes and not the products themselves;
Amendment 6 #
2012/2140(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Member States to cease, before the cut-off date, to grant the transitional import authorisations established by Council Regulation (EEC) No 2083/92, an arrangement which has been extended several times but is to end under the current Commission Regulation (EU) No 1267/2011 of 6 December 2011, which stipulates that Member States may not issue authorisations of this type after 1 July 2014;
Amendment 7 #
2012/2140(DEC)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Endorses the Court of Auditors’ conclusion that the control procedures for imports need to be implemented properly in order to ensure that imported products comply with at least equivalent production and control conditions, the object being to allow the internal market to run smoothly and guarantee fair competition between EU and non-EU products;
Amendment 8 #
2012/2140(DEC)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Expresses its surprise and disquiet at the Court of Auditors’ finding that Member States’ competent authorities have been failing to document, or have not sufficiently documented, the approval and supervision procedures applied to control bodies in order to ensure compliance with regulatory requirements; calls on the Commission to inform the national parliaments of that finding;
Amendment 9 #
2012/2140(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasizes that the independence of the control bodies, public authorities included, is crucial to maintaining the reputation of the organic label;
Amendment 2 #
2012/2133(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Charter of Fundamental Rights of the European Union, as incorporated into the Treaties by Article 6 of the Treaty on European Union (TEU), subject to the provisions concerning its application to Poland and the United Kingdom laid down in Protocol 30 supplementing the Treaties,
Amendment 11 #
2012/2131(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the working-age population of Europe will decline from 2012 onwards and, in the absence of immigration, will fall by 14 million over the next 10 years; whereas the relevant figures vary considerably from Member State to Member State;
Amendment 19 #
2012/2131(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Ba. whereas the leading priority is to organise the labour market within the Union;
Amendment 30 #
2012/2131(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, since 2000 approximately a quarter of the new jobs created since 2000 have been established through the contribution ofhave been filled by immigrants;
Amendment 57 #
2012/2131(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls, therefore, for a holistic gender- mainstreaming-type approach to be adopted at local, national and European level; calls for the principle of ‘integration mainstreaming’ to be introduced, whereby account is taken of integration-related issues in all political, legislative and financial measures; calls on the Commission to set up a cross- departmental integration group to tackle the issues of integration, (labour) migration and integration into the labour market, involving all the relevant directorates- general and the European External Action Service;
Amendment 73 #
2012/2131(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for language and integration programmes to cover the history, values and principles of European democracy and the rule of law, highlighting the role of women, minority rights and the rights of LGBT peopleCharter of Fundamental Rights;
Amendment 86 #
2012/2131(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 104 #
2012/2131(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the importance of needs- orientated migration by qualified people, and calls on the Commission and the Member States, together with their regions and municipalities, to introduce a joint system of coordination at European level to identify labour-force needs not met by European citizens and direct labour migration more effectively;
Amendment 120 #
2012/2131(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks that migrants should not have easierdifficulties in gaining access to the labour market and that they should be able to rely on the quick and inexpensive recognition and validation of their diplomas, qualifications and skills;
Amendment 143 #
2012/2131(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for legal migrants to be prepared for the domestic labour market right at the start of their period of residence; points in this connection to best practice in the field of integration into the labour market, e.g. mentoring for migrants, integration pilots and ‘migrants for migrants’;
Amendment 168 #
2012/2131(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission, in this context, to strengthen and give priority to links between labour-market demand not met by European citizens, circular migration, development policy and foreign policy;
Amendment 171 #
2012/2131(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that many potential migrants face lengthy waiting times in Member States' consulates in their home states and that rapid, reliable and smooth placement in a circular employment relationship is extremely difficult in these circumstances; therefore calls on the Commission and Member States to give more consideration to developing a common European consular service in the EU delegations and Member State embassies;
Amendment 173 #
2012/2131(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 16 #
2012/2130(INI)
Motion for a resolution
Citation 37
Citation 37
– having regard to the ongoing infringement proceedings in Case C- 288/12 brought by the European Commission against Hungary over the independence of the dlegality of the termination of the mandate of the former Commissioner for Data pProtection authoritystill pending before the European Court of Justice,
Amendment 19 #
2012/2130(INI)
Motion for a resolution
Citation 40
Citation 40
Amendment 21 #
2012/2130(INI)
Motion for a resolution
Citation 41
Citation 41
Amendment 30 #
2012/2130(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas Article 4(1) of the Treaty on European Union (TEU) stipulates that competences not conferred upon the Union in the Treaties remain with the Member States;
Amendment 31 #
2012/2130(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas Article 5(2) of the Treaty on European Union (TEU), by virtue of the principle of conferral, allows the Union to act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein;
Amendment 34 #
2012/2130(INI)
Motion for a resolution
Recital G
Recital G
G. whereas Article 7(1) TEU, by an exactly defined procedure, grants the EU institutions the power to assess whether there is a clear risk of a serious breach of the common values referred to in Article 2 by a Member State, and to engage politically with the country concerned in order to prevent and redress violations, while the ultimate purpose of the means laid down in Article 7(2) and (3) TEU is to penalise and remedy any serious and persistent breach of common values;
Amendment 44 #
2012/2130(INI)
Motion for a resolution
Recital L
Recital L
Amendment 49 #
2012/2130(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the Commission, under Article 17 of the Treaty on European Union, ‘ensure[s] the application of the Treaties ... [and] oversee[s] the application of Union law under the control of the Court of Justice of the European Union’;
Amendment 61 #
2012/2130(INI)
Motion for a resolution
Recital T
Recital T
T. whereas any Member State of the European Union is absolutely free to review its constitution and whereas the very meaning of democratic alternation is that it enables a new government to enact legislation reflecting the will of its people and its values and political commitments;
Amendment 63 #
2012/2130(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the tumultuous history of democratic traditions in Europe shows that reforming a constitution requires utmost care and due consideration of procedures and guarantees aimed at preserving, among other things, the rule of law, the separation of powers and the hierarchy of legal norms – the constitution being the supreme law of the land;
Amendment 66 #
2012/2130(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the scale of the comprehensive and systematic constitutional and institutional reforms (a root-and-branch revision of the legal system), which the new Hungarian Government has carried out in an exceptionally short time frame6 is unfull compliance with the applicable preocedented, andural requirements, explains why so many European institutions and organisations (the European Union, Council of Europe, OSCE) as well as the U.S. Administration have deemed it necessary to assess the impact of some reforms carried out in Hungary, wherea; whereas there should be no double standards in the treatment of Member States, thus the situation in other Member States, although following a different pattern, may also need tthe same pattern should also be monitored, while enforcingotherwise the principle of equality of the Member States before the Treaties, and whereas there should be no double standards in the treatment of Member States is not respected;
Amendment 70 #
2012/2130(INI)
Motion for a resolution
Recital W a (new)
Recital W a (new)
Wa. whereas the Commission, in the exercise of its responsibility for overseeing the application of Union law, has to show the utmost skill, respect the independence of others, and act diligently, swiftly, and without delay, especially when it is called upon to deal with a case in which a Member State may have committed a serious breach of Union values;
Amendment 73 #
2012/2130(INI)
Motion for a resolution
Recital X
Recital X
X. whereas the adoption of the Fundamental Law of Hungary – which was passed on 18 April 2011, exclusively with the votes of the members of the governing coalition and on the basis of a draft text prepared by the representatives of the governing coalition – was conducted in the exceptionally short time frame of one month, thus restricting the possibilities for a thorough and substantial debate with the opposition parties and civil society on the draft text; whereas, however, it has not been established that such an exceptionally short time frame was unconstitutional;
Amendment 87 #
2012/2130(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas, despitein the wake of that Decision, the Fourth Amendment to the Fundamental Law, adopted on 11 March 2013, integrates into the text of the Fundamental Law all the transitional provisions annulled by the Constitutional Court, with the exception of the provision requiring electoral registration, as well as other previously annulled provisions;
Amendment 155 #
2012/2130(INI)
Motion for a resolution
Recital BQ
Recital BQ
BQ. whereas the Fourth Amendment imposes press restrictions as it bans all political advertising during electoral campaigns except for advertensures the publication of political advertisings via public media (radio and television) on an equal basis and free of charge, and it does not affect at all political advertisings not displayed through broadcasting services (e.g. posters, flyers, internet); whereas similar restriction exists in a number of European countries, such as France and Italy and was also recognised by the European Court of Human Rights in one of its recent judgments; and whereas the Hungarian Government is ing in the public media; consultation with the European Commission with a view to fine-tuning the rules on political advertising;
Amendment 193 #
2012/2130(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that respect for legality, including a transparent, accountable and democratic procthe "Union is founded on the valuess of enacting laws, and for a strong system of representative democracy based on free elections and respecting the rights of the opposition are key elements of the concepts of democracy and the rule of law as enshrined in Article 2 TEU and proclaimed in the Preambles to both the Treaty on the European Union and the Charter,respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail" as enshrined in Article 2 TEU;
Amendment 195 #
2012/2130(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly reiterates that, while the drafting and the adoption of a new constitution falls within the scope of Member States’ competences, Member States and the EU have the responsibility to ensure that the constitutional processes and the contents of constitutions are in conformity with the commitments entered into by every Member State under the EU Accession Treaties, that is to say, the common values of the Union, the Charter and the ECHR;
Amendment 200 #
2012/2130(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. RegretConsiders that the process of drafting and adopting the Fundamental Law of Hungary lacked themight have benefited from greater transparency, openness, and inclusiveness and ultimately thea more substantial consensual basis of the kind that could be expected in a modern democratic constituent process, thus weakening the legitimacy of the Fundamental Law itself;
Amendment 210 #
2012/2130(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 240 #
2012/2130(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that after the entry into force of the Fourth Amendment the Constitutional Court can no longer fulfil its role as the supreme body of constitutional protection as the legislature is now entitled to modify the Fundamental Law as it wishes even in the case of the constitutional amendments contradicting other constitutional requirements and principles;
Amendment 244 #
2012/2130(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is deeply concerned about this shift of powers in constitutional matters to the advantage of the parliament and to the detriment of the Constitutional Court, which severely undermines the principle of separation of powers and a correctly functioning system of checks and balances, which are key corollaries of the rule of law;
Amendment 286 #
2012/2130(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Expresses concern at the effects of the provision of the Fourth Amendment banning political advertising in the commercial media, as although the announced aim of this provision is to reduce political campaign costs and create equal opportunities for the parties, it jeopardises the provTakes note that the Fourth Amendment ensures the publication of political advertisings via public media (radio and television) on an equal basis and free of charge with the aim to create equal opportunities for the political parties in the electronic media as well as reduce campaign costs and contribute to the transparency and verifiability of campaign financing; it does not affect at all political advertisings not displayed through broadcasting services (e.g. posters, flyers, internet); takes note that the Hungarian Government is in consultation with the European Commission of balanced informationwith a view to fine-tuning the rules on political advertising; underlines that a similar restriction exists in a number of European countries, such as France and Italy;
Amendment 291 #
2012/2130(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores that the creation of the state- owned Hungarian News Agency (MTI) as the single news provider for public service broadcasters, while all major private broadcasters are expected to have their own news service, has meant it has a virtual monopoly on the market, as most of its news items arUnderlines that Member States remain free to organise their public service broadcasting in a way they deem appropriate while preserving media pluralism, in line with the Amsterdam Protocol attached to the fTreely available; recalls the recommendation of the Council of Europe to eliminate the obligation on public broadcasters to use the national news agency as it constitutes an unreasonable and unfair restriction on the plurality of news provisionaty; takes note of the recent statement of the European Commission with regard to the French media bill that the Commission in no way intends to comment on and evaluate draft national laws;
Amendment 296 #
2012/2130(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Is concerUnderlineds that public service broadcasting is controlled by an extremely centralised institutional system which takes the real operational decisions without publin line with the Amsterdam Protocol attached to the Treaty (on the System of the Public Broadcasting in the Members States) the system of the public broadcasting in the Member States is directly related to the democratic, scrutiny; underlines that biased and opaque tendering practices and the biased information ofocial and cultural needs of each society and to the need to preserve media pluralism, and Member States remain free to organise their public service broadcasting reaching a wide audience distort the media marketay they deem appropriate;
Amendment 336 #
2012/2130(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Calls on the Member States tohat are not complying with their Treaty obligations to respect, guarantee, protect and promote the Union’s common values, which is an indispensable condition for respecting the substance of Union citizenship and for building a culture of mutual trust enabling effective cross-border cooperation and a well functioning EU area of freedom, security and justice, to do so without delay;
Amendment 349 #
2012/2130(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Considers that the European Council cannot remain inactive in cases where one of the Member States is faced with changes that may negatively affect thebreaches a concrete fundamental rights or rule of law in that country, and therefore the rule of law in the European Union at large, in particular when mutual trust in the legal system and judicial cooperation may be put at risks it affects negatively the European Union; stresses furthermore that the European Council cannot use double standards when looking at Member States and its infringements;
Amendment 354 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – introductory part
Paragraph 60 – introductory part
60. Calls on the Commission as the guardian of the Treaties: and as the body responsible for ensuring that Union law is correctly applied, under the supervision of the Court of Justice of the European Union;
Amendment 370 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 10
Paragraph 60 – indent 10
– to ensure that Member States, which are signatories to it, guarantee correct implementation of the Charter of Fundamental Rights with respect to media pluralism and equal access to information;
Amendment 376 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 14 b (new)
Paragraph 60 – indent 14 b (new)
– to work independently, conscientiously, quickly and with a high level of competence;
Amendment 377 #
2012/2130(INI)
Motion for a resolution
Paragraph 60 – indent 14 c (new)
Paragraph 60 – indent 14 c (new)
– wherever a problem of interpretation arises with a Member State, particularly Hungary, concerning the application of Union law, to bring the matter before the Court of Justice of the European Union without delay;
Amendment 394 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 1
Paragraph 61 – indent 1
– to fully restore the supremacy of the Fundamental Law by removing from it those provisions previously declared unconstitutional by threpeal or amend those provisions of Hungarian law which the Commission has declared to conflict with European Union law or, where there has been a dispute Constitutional Court the interpretation of Union law, with the findings of the Court of Justice of the European Union;
Amendment 411 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 4
Paragraph 61 – indent 4
Amendment 418 #
2012/2130(INI)
Motion for a resolution
Paragraph 61 – indent 5
Paragraph 61 – indent 5
Amendment 533 #
2012/2130(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Calls on the Hungarian authorities to inform Parliament, the Commission, the Council PresidencyPresidencies of the Council and of the European Council, and the Council of Europe, of the procedure and the calendar they intend to follow for the implementation of the recommendations contained in paragraph 61;
Amendment 546 #
2012/2130(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Asks the Conference of Presidents to activate the mechanism laid down in Article 7(1) TEU in case the replies from the Hungarian authorities to the above- mentioned recommendations do not comply with the requirements of Article 2 TEU as duly established by an interpretation of the Court of Justice of the European Union;
Amendment 550 #
2012/2130(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Instructs its President to forward this resolution to the Parliament, President and Government of Hungary, to the Presidents of the Constitutional Court and the Kúria, to the Council, the European Council, the Commission, the governments and parliaments of the Member States and the candidate countries, the Fundamental Rights Agency, the Council of Europe, the OSCE and the U.S. Secretary of State.
Amendment 3 #
2012/2098(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 5 #
2012/2098(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the EU, pursuant to Article 152 of the Treaty on the Functioning of the European Union (TFEU), to include Corporate Social Responsibility (CRS) in its promotion of the role of, and dialogue between, management and labour; proposes in this regard that Corporate Social Responsibility (CSR) should be a regular item on the agenda of the Tripartite Social Summit referred to in Article 152(2) TFEU;
Amendment 8 #
2012/2098(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Commends the Commission’s intention to conduct Eurobarometer surveys on trust in business; advocates that corporate societal responsibility (CSR) can fully contribute to restoring lost confidence, as this is absolutely necessary for economic recovery;
Amendment 14 #
2012/2098(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages Member States to integrate CSR into relevant education curricula, and in particular into language learning and the appreciation of multilingualism;
Amendment 20 #
2012/2098(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages enterprises to promote creativity and cultural projects, and particularly projects linked to problems within Europe, within their CSR policies, in the context of civic commitment, and to stimulate growth and job creation;
Amendment 21 #
2012/2098(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Suggests to the Member State governments that they request the European Investment Bank to include a CSR clause in its operations;
Amendment 23 #
2012/2098(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages enterprises, in conjunction with management and labour, to train, inform and involve their employees in the major social challenges affecting Europe, particularly as regards the economy, society, the environment and internationally;
Amendment 25 #
2012/2098(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to include a CSR clause in agreements with non- governmental organisations (NGOs), particularly where these relate to development activities;
Amendment 47 #
2012/2098(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that future bilateral investment treaties signed by the EU must guarantee a fair balance between investors’ protection and the potential for State intervention, especially as regards social, health and environmental standards;
Amendment 52 #
2012/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the current reform of the Transparency Directive (2004/109/EG) and of the Accounting Directive (2003/51/EG) does not address the issue of corporate societal responsibility sufficiently; calls on the Commission to ensure that companies falling under these directives are obliged to report regularly on their CSR activities, particularly in non-EU states.
Amendment 3 #
2012/2097(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 5 #
2012/2097(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the EU, pursuant to Article 152 of the Treaty on the Functioning of the European Union (TFEU), to include Corporate Social Responsibility (CRS) in its promotion of the role of, and dialogue between, management and labour; proposes in this regard that Corporate Social Responsibility (CSR) should be a regular item on the agenda of the Tripartite Social Summit referred to in Article 152(2) TFEU;
Amendment 14 #
2012/2097(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages Member States to integrate CSR into relevant education curricula, and in particular into language learning and the appreciation of multilingualism;
Amendment 20 #
2012/2097(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages enterprises to promote creativity and cultural projects, and particularly projects linked to problems within Europe, within their CSR policies, in the context of civic commitment, and to stimulate growth and job creation;
Amendment 21 #
2012/2097(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Suggests to the Member State governments that they ask the European Investment Bank to include a CSR clause in its operations;
Amendment 23 #
2012/2097(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages enterprises, in conjunction with management and labour, to train, inform and involve their employees in the major social challenges affecting Europe, particularly as regards the economy, society, the environment and internationally;
Amendment 25 #
2012/2097(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to include a CSR clause in agreements with non- governmental organisations (NGOs), particularly where these relate to development activities;
Amendment 47 #
2012/2097(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that future bilateral investment treaties signed by the EU must guarantee a fair balance between investors’ protection and the potential for State intervention, especially as regards social, health and environmental standards;
Amendment 52 #
2012/2097(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Regrets that the current reform of the Transparency Directive (2004/109/EG) and of the Accounting Directive (2003/51/EG) does not address the issue of corporate societal responsibility sufficiently; calls on the Commission to ensure that companies falling under these directives are obliged to report regularly on their CSR activities, particularly in non-EU states.
Amendment 10 #
2012/2087(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates the importance of the supervisory role the Commission exercises in order to be able to bear the ultimate responsibility for the implementation of the budget including the areas of shared management; recalls the action plan to strengthen the Commission's supervisory role under shared management of structural actions which aimed at reducing the level of error in structural actions and thus to protect the EU budget; notes, however, that the action plan of 2008 came only into force after the programming period 2000- 2006; calls on the Commission therefore to fully enforce measures as stated in the action plan for the 2007-2013 programming period and beyond; expects in this context from the Commission a considerable and steady decrease in error rates, in particular of programmes that are expected to have the highest error rates; proposes that the Court carry out a regular assessment of the technical and ethical quality of national audit authorities, with particular regard to their independence, and that it report its findings and conclusions to the European Parliament and the Council;
Amendment 15 #
2012/2087(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is convinced that the Commission should continue to aim at implementing the single audit principle; emphasises that it is of utmost importance to ensure the quality of the work of audit authorities and to ensure that their independence is guaranteed; notes that - provided that the audit authorities produce reliable results - the EU budget could be adequately protected even if high error rates are present as the Commission could apply financial corrections to counter those error rates; reiterates, however, the fact that in such cases the national taxpayer has to pay twice which is why preventing errors from happening is always more efficient than correcting it later on, for both the Commission and the Member States concerned; stresses in this context specifically indent 2 of the Court of Auditor's recommendation 1 and urges the Commission to implement this recommendation;
Amendment 1 #
2012/2078(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG),
Amendment 21 #
2012/2078(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the TSCG treaty is a treaty under international law concluded by the Member States except, currently, for the United Kingdom and the Czech Republic, and whereas it calls in its Article 16 for the incorporation of its relevant provisions into EU law;
Amendment 52 #
2012/2078(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recognises the specific nature of the eurozone and calls for those countries with an exemption from participating in the single currency to be involved in all political steps concerning the eurozone;
Amendment 54 #
2012/2078(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to insist on the submission of National Job Plans by Member States as part of their National Reform Programme; proposes that these national employment plans should be the subject of a tripartite social summit as provided for by the second paragraph of Article 152 of the Treaty on the Functioning of the European Union;
Amendment 62 #
2012/2078(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to promote the role of the social partners at European level, taking into account the diversity of national systems and facilitating social dialogue between them, without prejudice to their autonomy, as provided for in Article 152 TFEU;
Amendment 82 #
2012/2078(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that the specific nature of the eurozone requires it to be given a parliamentary dimension;
Amendment 83 #
2012/2078(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that the parliamentary dimension of the eurozone comprises the Members of the European Parliament elected in countries which are members of the eurozone; considers that Members of the European Parliament whose countries have an exemption from participating in the single currency should be involved in any parliamentary resolution concerning the eurozone by giving their opinion;
Amendment 103 #
2012/2078(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Regrets the absence of parliamentary scrutiny, both political and budgetary, of the ESM; regrets that the European Court of Auditors does not have competence to carry out scrutiny of the ESM;
Amendment 104 #
2012/2078(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for the conclusion of an interinstitutional agreement between the European Parliament and the ECB, on a basis of full respect for the limits set by the independence of the ECB under Article 130 TFEU, and for a formal arrangement between the European Parliament and the ESM in order to ensure the fully-fledged democratic accountability of the latter’s activities, including those of the Troika; calls for this agreement to provide for the possibility of scrutiny of the ESM by the European Court of Auditors; calls for this agreement to provide for the ESM to be included in the supervision carried out by the ECB in the context of the banking union;
Amendment 137 #
2012/2078(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Reiterates the call for the gradual roll- over of excessive debt into a redemption fund, segmented by country, for the euro area based on the model of the German Economic Council of Experts; considers Article 352 TFEU to offer a legal basis for the establishment of such a fund for Member States whose currency is the euro, if necessary in conjunction with an enhanced cooperation of these Member States; points out that the aim of this mutualisation is to obtain interest rates at market prices and for the countries concerned to remain ultimately responsible for the principal to be repaid on their debt;
Amendment 154 #
2012/2078(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Considers the Eurosummit, as provided for in Title V of the TSCG, to be an informal configuration of the European Council;
Amendment 167 #
2012/2078(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Calls for the reduction of the required majority for a motion of censure against the Presidenton the activities of the Commission under Article 234 TFEU to a qualified majority of the component Members of the European Parliament, and for the parallel obligation to elect a new President to be a condition for the effectiveness of the censure;
Amendment 178 #
2012/2078(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Calls for the introduction of a legal basis in order to establish Union agencies which may carry out specific executive and implementing functions conferred upon them by the European Parliament and the Council in accordance with the ordinary legislative procedure; calls for these Union agencies capable of performing specific executive and implementing functions also to be accountable to Parliament for managing them, and for their executive director to resign if the management is not granted budgetary discharge by Parliament;
Amendment 180 #
2012/2078(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
Amendment 254 #
2012/2078(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Believes future Treaty amendments not affecting the Member States’ sovereignty should enter into force throughout the Union following their ratification by four- fifths of the Member States representing a majority of the population of the Union, in accordance with their respective constitutional requirements;
Amendment 3 #
2012/2064(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Court of auditors, as a professional audit institution must apply international audit standards applicable to public sector;
Amendment 4 #
2012/2064(INI)
Motion for a resolution
Recital D
Recital D
D. whereas public auditors, like the Court and the SAIs of the Member States, play an essential role in restoring confidence and trust in and improving EU public accountability, which is carried out in line with the goals of restoring economic growth and strengthening public finances; whereas it is therefore important to situate any discussion of possible reforms of the Court in the broader context of the challenge of improving EU public accountability;
Amendment 6 #
2012/2064(INI)
Motion for a resolution
Recital G
Recital G
G. whereas it is importantessential that the Court of Auditors beis composed of figuremembers who provide, to the highest degree, guarantees of professional competence and independence as required by the Treaty, while avoiding any risks to the reputation of the Court;
Amendment 8 #
2012/2064(INI)
Motion for a resolution
Recital J
Recital J
J. whereas Parliament's opinion falls subject to intense media interest; whereas should persons who had their candidacy previously been publicly and formally repudiatedturned down by Parliament take office as Members of the Court, trust in the institutions concerned would be weakened;
Amendment 9 #
2012/2064(INI)
Motion for a resolution
Recital K
Recital K
K. whereas amembers with professional auditing knowledge together with broader and more diverse functional background which ensures broaderdiverse perspectives and competences will improve the Court's effectiveness in judgement and operation; whereas the failure to find an appropriate gender balance is unacceptable nowadays;
Amendment 10 #
2012/2064(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the Peer Review 2013 calls for shorter internal procedures in the Court, clarification of the role and mandate towards external stakeholders and underlines that the auditees influence the Court's findings and audit opinions too much;
Amendment 11 #
2012/2064(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas Parliament focusses mainly on proposals that avoid the necessity of changes in the Treaty Changes;
Amendment 12 #
2012/2064(INI)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas the Council always respected the recommendation put forward by the Committee with the purpose to give an opinion on the suitability of candidates for the Advocate General European Court of Justice and the General Court, set up according to Article 255 TFEU, despite no clear obligation of the Treaty to do so;
Amendment 13 #
2012/2064(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 14 #
2012/2064(INI)
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
Parliament's vision for the ECA: The future role of the Court
Amendment 15 #
2012/2064(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 18 #
2012/2064(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. believes that the European Court of Auditors as an external auditor to the Union's institutions may provide the legislators not only with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions in a respective budgetary year, but also that the Court is in an eminent position to provide the legislator and the Budgetary Authority, especially Parliament's Budgetary Control Committee, with valuable opinions on results achieved by the Union's policies, in order to improve the performance and effectiveness of Union financed activities, identify economies of scale and scope as well as spill over effects among national policies of Member State and provide Parliament with external assessments to the Commission's evaluation of public finances in the Member States;
Amendment 19 #
2012/2064(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 22 #
2012/2064(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. The traditional DAS (statement of assurance) model (new subheading)
Amendment 23 #
2012/2064(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Parliament and its elected Members should be particularly rigorous when examining the implementation of the EU budget and that the Court should remain committed toIs of the opinion that independence, integrity, impartiality and professionalism of the Court are key for the credibility of the Court in assisting Parliament and the Council into overseeing and to contributinge to the improvement of EU financial management, and into protecting the financial interests of citizens from programming stages throughup to the closing of accounts;
Amendment 25 #
2012/2064(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. RegretNotes that the Court of Auditors was – for the eighteenth time in a row – unable to grant a positive statement of assurance (DAS4) regarding the legality and regularity of payments; regrets, furthermore, in this context that after such an enormous and repetitive cycle and following the many efforts made, there has not been any change in this regard; highlights the fact that an error rate as such does not provide a comprehensive overview of the effectiveness of Union policies; is bound by the Treaty (Article 287 I (2) (TFEU) ) to provide Parliament and the Council with a declaration of assurance (DAS4) regarding the legality and regularity of payments after having examined the regularity, legality and the results of the Union's Budget, moreover the ECA shall according to the Treaty provide Special Reports and Opinions; notes that a large part of the human resources of the Court are dedicated to the annual DAS exercise; __________________ 4 Abbreviation of the French term ‘Déclaration d'assurance’.
Amendment 30 #
2012/2064(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 32 #
2012/2064(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 36 #
2012/2064(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that in addition to delivering an opinion onstead of delivering one statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, the Court of Auditors must deliver three opinions on the legality and regularity of underlying operations; takes the view that this excessive number of opinionsed in 2012 four opinions: one on the reliability of the accounts and three on the legality and regularity of underlying operations (one on the revenue, one on the commitments and one on payments); takes the view that this writing choice makes it more difficult for Members ofthe European Parliament to assess the Commission's implementation of the budget;
Amendment 39 #
2012/2064(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that the DAS is an annual indicator of a multiannual spending scheme, which makes it difficult to capture the cyclical nature and effect of multiannual arrangements, and therefore the retotal impact and effectiveness of the management and control systems can only be partially measured at the end of the spending period; considers, therefore, that the Court should be able to present to the discharge authority a summary reportmidterm review and a summary report in addition to the annual DAS on the final performance of a programming period;
Amendment 42 #
2012/2064(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 47 #
2012/2064(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 50 #
2012/2064(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. welcomes the fact that, since 2009, the Court has focused considerable efforts on developing its products and services as well as its annual report; believes, however, that greater effort should be made and more resources used to improve quality further, primarily with respect to the Court's performance audit work, which provides information on the EU budget results; considers that the Court should build upon the DAS model to determine whether results have been achieved and to explain how they have been achieved, so that lessons can be learned and applied in other contexts;
Amendment 51 #
2012/2064(INI)
Motion for a resolution
Subheading 4
Subheading 4
The Court's new dimensions and challenges: from ex-post to ex-ante
Amendment 54 #
2012/2064(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges the historic, constructive role of the DAS exercise to focuses on the concepts of legality and regularity as being useful indices of good financial practices on the part of the EUand management performance on all levels of Union spending; underlines, however, that at this point, and in the future, the Court should devote more resources to the examination of whether economy, effectiveness and efficiency have been achieved in the use of the public funds entrusted to the Commission;
Amendment 56 #
2012/2064(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 59 #
2012/2064(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 63 #
2012/2064(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 66 #
2012/2064(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the one of the best way to improve the control of the European Union accounts and to enhance both performance and effectiveness of EU spending is to have a discharge voted before the 31st of December of the year following the financial year controlled; underlines that that would force the Court to present its annual report the 30th of June;
Amendment 67 #
2012/2064(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recommends that the European Court of Auditors, without prejudice to its independence, form its opinion on the basis of the materiality threshold rather than the tolerable error rate alone, since this appears to be more in line with international audit standards;
Amendment 68 #
2012/2064(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 74 #
2012/2064(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 81 #
2012/2064(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 85 #
2012/2064(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that preparatory tripartite meetings betweenthe current form of meetings of the Court with Parliament, and the Council and the Court could form a basis upon which to establishprovide valuable advice to the drawing up of the Court's annual work programme; stresses that such structured preparatorythese dialogue coulds greatly assists in ensuring the effective and democratic accountability to citizens of the public funds put at stake to meet EU objectives; emphasizes that despite an increased advisory collaboration with Parliament and the Council, the Court should, independent of political or national influence, decide on its annual work program;
Amendment 89 #
2012/2064(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that issues of major interests to external stakeholders, such as the European Parliament, and subsequent audit requests are neither collected in a structured way nor fully treated as preferential; considers this as detrimental to the relevance and impact of the Court's audit results; notes, furthermore, that the added value of the Court is directly linked to the use made of its work by Parliament and other stakeholders in the accountability process; insistvites, therefore, that the Court'e Court to take into consideration in its annual work programme be aligned with the political priorities of the legislators and presented, in this connection, to Parliament's speciaissues of major interest to the EU citizens communicated by the Parliament's Budgetary Control cCommittee as a channel of the EU citizens' concerns;
Amendment 91 #
2012/2064(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Cooperation with national Supreme Audit Institutions (New subheading)
Amendment 92 #
2012/2064(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Expects that closer cooperation between the ECA and Member State's SAI is established with concrete results concerning the share of the annual work of the ECA; expects furthermore concrete methodological steps and agreements on audit calendars; expects the Commission, on the basis of a legal study, to make proposals to integrate Member States SAI's audit work in the Court's audits on shared management in their respective Member State;
Amendment 95 #
2012/2064(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 97 #
2012/2064(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. proposes examination of the possibility of national audit bodies, in their capacity as independent external auditors, and with due regard for international audit standards, issuing national audit certificates for the management of Union funds, which would be submitted to Member State governments with a view to being produced during the discharge process in accordance with an appropriate interinstitutional procedure to be introduced;
Amendment 100 #
2012/2064(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the regulations covering the main areas of expenditure for the period 2014-2020 have substantially changed the financial and legal frameworks governing the implementation of the EU budget; points out that these reforms imply significant changes that will alter the landscape of financial management risk by simplifying funding rules, increasing conditionality and leveraging the EU budget; insists, therefore, that the Court increase its focus on results providing adequate reporting on risks and performance of such new instrumentsSuggests to the Court to synchronize its multiannual work programme with the MFF and include a midterm review as well as a comprehensive review of the Commission's closure of accounts to the respective MFF;
Amendment 102 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. expects from the Court full transparency about the Court's time needs for its products and calls on the Court to publish within each respective Performance Audit the time schedule and the different phases the respective product underwent in its development, i.e. the time that was needed to go through each of the different phases in place, currently these phases are: - Preliminary Study - Issue Analysis - Audit Planning Memorandum - Statement(s) of Preliminary Findings - Drawing Conclusions - Draft Report - Contradictory Procedure;
Amendment 103 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. notes that Performance Audits including a preliminary study of the Court take two years which made in several cases the audit findings outdated and prevent the implementation of adequate measures; expects the Court to streamline the drawing up of its Performance Audits and cut down on redundant procedural steps ,
Amendment 106 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. emphasis that despite the need to be fair and to refer to arguments of the auditee in the respective report, it is not necessary to reach consensus with the auditee;
Amendment 107 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. notes that in some cases parliamentary deliberations about issues addressed by special reports were already concluded, therefore, it was not possible to put the results of the Court's audit to effective use; notes furthermore, that in some cases key recommendations of the Court had already been implemented by the Commission once a Court's report was presented; expects from the Court to bear all external time constraints and developments in mind when conducting its audits;
Amendment 108 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23e. expects that the Court clearly communicate in its reports weaknesses and best practices of Member States authorities by consistently disclosing them;
Amendment 109 #
2012/2064(INI)
Motion for a resolution
Paragraph 23 f (new)
Paragraph 23 f (new)
23f. is convinced that economies of scale and scope could be achieved by a thorough analysis of the resource needs of Court's Members; expects the Court to deplore such economies inter alia with respect to a common driver service for Members as well as shared cabinets and staff;
Amendment 110 #
2012/2064(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 112 #
2012/2064(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. RegretNotes that even if the Court is to bnominate a permanent Member of the ESM audit board, the annual audit report of the board will be made available neither to Parliament nor to the general public; believes that broad reflec; calls on the Court to provide Parliament regularly with the annual audit report of the board and all other necessary information onf the EU's public accountability and the audit structure of the Union as a whole, which includes the instruments for financial assistance, is unavoidable; believes that the Court should play a central role in such discussionCourt's activities in that regard so that Parliament can scrutinize the work of the Court of Auditors during the discharge procedure;
Amendment 116 #
Amendment 119 #
2012/2064(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 122 #
2012/2064(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Deplores the fact that some appointments have given rise to differences of opinion procedures have resulted in a conflict between Parliament and the Council; stresses that the Council's decision to appoint Members of the Court of Auditors despite Parliament having previously given an unfavourable opinion on candidates, despite the fact that the Treaty does not foresee such a conflict; underlines that it is, as stipulated in the Treaty, Parliament's duty to check the nominees; is of the opinion that Council should in the spirit of good cooperation among the European Institutions respect decisions taken by the Parliament subsequent to its unacceptablehearing;
Amendment 123 #
2012/2064(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes, in this respect, the fact that the Court adopted new rules of procedure in 2010 which enabled the Court to streamline its decision-making process so that audit reports and opinions are now adopted by Chambers of 5- 6 members rather than the full college of 28 members, this falling under the current legal framework;
Amendment 127 #
2012/2064(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the present geographic representation rule relating to high-level management, according to which there may be one member per Member State, has by far outlived its initial usefulness and credibility and that it could be replaced by a light management structure tailored to a broader accountability mandate, with proper provisions to guarantee independence in all of the Court's activities, and complemented by a governing board which could be based on Member State representation;
Amendment 130 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – introductory part
Paragraph 32 – introductory part
32. Proposes, therefore, that the Court should be composed of the following bodies:have the same number of members as the Commission; members should have at least professional experience in auditing as well as in management; members of the Court should be especially qualified for their function and their independence must be assured beyond doubt;
Amendment 132 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Proposes to review the method of remuneration of the Court members and the resources directly and personally affected to each member to both conform it with national and international practices for similar functions and allowing the Court members to fulfil their responsibilities independently;
Amendment 133 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – point 1
Paragraph 32 – point 1
Amendment 136 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – point 2
Paragraph 32 – point 2
Amendment 139 #
2012/2064(INI)
Motion for a resolution
Paragraph 32 – point 3
Paragraph 32 – point 3
Amendment 146 #
2012/2064(INI)
Motion for a resolution
Paragraph 33 – point c
Paragraph 33 – point c
(c) in the Committee on Budgetary Control, hearings will be public and the discussions will be relayed via video. At public hearings, discussion will be kept to a minimum, so as to prevent candidates from being subjected to to personal criticism in public;
Amendment 153 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point a
Paragraph 34 – point a
(a) high-level professional experience acquired in public finance or in management or, auditing and in management auditing, as well as proper knowledge of the governance of the European institutions;
Amendment 156 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point b
Paragraph 34 – point b
Amendment 158 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point c
Paragraph 34 – point c
(c) an impeccable management record, in the case of those who have performed management duties in the public or private sectors good auditing record and evidence of very good knowledge of at least one of the working language of the European Union;
Amendment 159 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point c a (new)
Paragraph 34 – point c a (new)
(ca) where necessary, proof of prior discharge of applicants from management duties previously carried out;
Amendment 161 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point d a (new)
Paragraph 34 – point d a (new)
(da) recognised high standards of integrity and morality of the candidate;
Amendment 163 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point e
Paragraph 34 – point e
(e) in view of the nature of the work to be done, the age of candidates will also be taken into account, with it being deemed reasonable, for example, to stipulate that Members should not be over 65 years of age at the endtime of their first term of office or over 70 years of age at the end of their secondappointment;
Amendment 164 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point e
Paragraph 34 – point e
(e) in view of the nature of the work to be done, the age of candidates will also be taken into account, with it being deemed reasonable, for example, to stipulate that Members should not be over 657 years of age at the end of their first term of office or over 70 years of age at the end of their second;
Amendment 166 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point f
Paragraph 34 – point f
(f) it would be desirable for members shall not to serve for more than two terms of office;
Amendment 168 #
2012/2064(INI)
Motion for a resolution
Paragraph 34 – point g
Paragraph 34 – point g
(g) finally, further to its assessment of individual merit and good character, Parliament will ensure that a balance is maintained in the composition of the Court as a whole in tParliament will take the issue of gender balance among the Court's Memberms of gender representation among its Membervery serious;
Amendment 6 #
2012/2042(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas micro-enterprises and SMEs suffer, in times of economic crisis, from difficulties in accessing funding, particularly small loans, to support their development;
Amendment 31 #
2012/2042(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes making the large number of local, regional, national and European support schemes undergo a ‘mapping exercise’; believes that this exercise should include private-sector initiatives to help SMEs access funding, such as partnerships between banks and accountancy professionals to facilitate access by micro-enterprises to small loans, as well as an assessment of the effectiveness of existing EU support schemes; believes that the mapping should be conducted at regular intervals and serve as basis for a benchmark and scoreboard system;
Amendment 79 #
2012/2042(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the achievement of the 2012 target on minimising administrative burdens; urges the Commission to come up with a new and ambitious reduction target that is qualitative, and no longer simply quantitative, in accordance with the ‘Think Small First’ principle;
Amendment 134 #
2012/2042(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Urges Member States to implement ambitious programmes based on incentives to further promote entrepreneurship; calls for such programmes to include measures that improve access to finance, to ease administrative requirements and to include more entrepreneurial education in school curricula; believes that these measures should support private-sector initiatives that make it possible to reduce the time required to obtain small-scale funding, such as partnerships between banks and accountancy professionals;
Amendment 8 #
2012/2027(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Proposes looking into the establishment of one or more European funds for investment in trans-European transport, energy and digital networks which could be topped up by own resources in the form of mandatory contributions paid by users of those infrastructure facilities; states that those European infrastructure investment funds would be placed with the EU under Parliament oversight;
Amendment 104 #
2012/2017(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls – given the overall amount of financial aid to the Member States between 1999 and 2013 which is at issue, namely EUR 2.9 billion, and the uncertainty as to the conduct and monitoring of these programmes – for the establishment of a parliamentary committee of inquiry to examine the efficiency and effectiveness of EU funding for the dismantling of nuclear power plants in the new Member States;
Amendment 55 #
2012/2016(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Continues to firmly oppose the redeployment to the ITER project of funds allocated to FP7 or other Heading 1 flagship programmes in order to resolve the issue of funding the additional cost of the ITER project for 2013.
Amendment 166 #
2012/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that modernising the existing infrastructure, and building new, intelligent and flexible generation, transmission, distribution and storage infrastructure, is essential for a well-integrated and well- connected energy market, where supply at affordable prices is secured, where the potential for cogeneration and efficiency, and for exploiting renewable and unconventional energy sources, is fully exploited, and where no Member State remains isolated from the European gas and electricity networks;Does not apply to English version. Linguistic correction to the French: ‘infrastructure’ is plural as well as singular in English.
Amendment 189 #
2012/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that investment in infrastructure needs to be encouraged through stable and, in particular, innovation-friendly regulatory frameworks, recognising that it cannot be achieved unless market-driven; recognises, however, that, in certain cases, key infrastructure may not be commercially viable, thus requiring public funding;
Amendment 197 #
2012/2005(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recognises, however, that, in certain cases, infrastructure may not be viable in purely commercial terms, thus requiring public funding; calls for studies to be carried out into a European fund for investment in energy networks which might provide such public funding and would be financed by a compulsory European levy on energy consumption on the territory of the European Union;
Amendment 62 #
2012/0366(COD)
Proposal for a directive
Recital 31
Recital 31
(31) All tobacco products have the potential to cause mortality, morbidity and disability and their manufacture, distribution and consumption should be containregulated. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary.
Amendment 67 #
2012/0366(COD)
Proposal for a directive
Recital 31
Recital 31
(31) All tobacco products have the potential to cause mortality, morbidity and disability and their manufacture, distribution and consumption should be containregulated. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary.
Amendment 78 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, 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 in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, , the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products for non-essential elements of the Directive. 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, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 93 #
2012/0366(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Member States should supplement the legislative provisions of this Directive with any measures that are useful to help protect the health of European citizens. The gradual harmonisation of the taxation of tobacco products in the Union and information campaigns in the media and for young people in educational institutions are two essential tools in combating the dangers of smoking among young people.
Amendment 95 #
2012/0366(COD)
Proposal for a directive
Recital 41 b (new)
Recital 41 b (new)
(41b) The Member States should cover the health costs related to tobacco consumption by a tax levied directly on tobacco products;
Amendment 115 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 136 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibitregulate the placing on the market of tobacco products with a characterising flavour.
Amendment 139 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 140 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 162 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibitregulate the placing on the market of tobacco products with a characterising flavour.
Amendment 162 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) additives having colouring properties for emissions. unless they have no effect on consumer health;
Amendment 165 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibitregulate the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco.
Amendment 180 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Member States shall prohibitregulate the use of the following additives in tobacco products:
Amendment 187 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall prohibitregulate the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco.
Amendment 190 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 213 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 226 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, design, rotation and proportations of the health warnings;
Amendment 228 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
Amendment 229 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 234 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 240 #
2012/0366(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Member States shall supplement the legal provisions of this Directive with any measures to protect the health of European citizens. The gradual harmonisation of the taxation of tobacco products in the Union and information campaigns in the media and for young people in educational institutions are two essential tools in protecting young people against the dangers of smoking.
Amendment 253 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 269 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 276 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, design, rotation and proportations of the health warnings;
Amendment 277 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 295 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall prohibitregulate the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
Amendment 353 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 362 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 378 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall prohibitregulate the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
Amendment 668 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 750 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 692 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned at the top edgebottom of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 709 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 69 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 1346/2000
Article 2 – point b – point ii
Article 2 – point b – point ii
Amendment 70 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 1346/2000
Article 2 – point c
Article 2 – point c
(c) "court" means in all articles except Article 3b(2) the judicial body or any other competent body of a Member State empowered to open insolvency proceedings, to confirm such opening or to take decisions in the course of such proceedings;
Amendment 73 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 22
Article 1 – point 22
Regulation (EC) No 1346/2000
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Amendment 78 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 29
Article 1 – point 29
Regulation (EC) No 1346/2000
Article 20a – subparagraph 1 a (new)
Article 20a – subparagraph 1 a (new)
Member States shall introduce procedures for removing entries from the insolvency register when, for example, debts have been paid.
Amendment 90 #
2012/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be consolidated with the Regulation it is amending within three months of its publication.
Amendment 110 #
2012/0337(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) tTo turn the Union into a resource- efficient, greenenvironment-friendly and competitive low- carbon economy;
Amendment 149 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 16
Annex 1 – point 16
16. The EU’s economic prosperity and well-being is underpinned by its citizens and by its natural capital, which includes ecosystems that provide essential goods and services, from fertile soil and multi- functional forests to productive land and seas, from fresh water and clean air to pollination, flood control and climate regulation and protection against natural disasters. A substantial body of EU legislation seeks to protect, conserve and enhance natural capital, including the Water Framework Directive (WFD), the Marine Strategy Framework Directive (MSFD), the Air Quality and related directives and the Habitats and Birds Directives. Legislation to tackle climate change, chemicals, industrial emissions and waste also contribute to easing the pressures on biodiversity, including ecosystems, species and habitats.
Amendment 219 #
2012/0337(COD)
Proposal for a decision
Annex 1 – Priority objective 2
Annex 1 – Priority objective 2
Priority objective 2: To turn the EUnion into a resource-efficient, greenenvironment-friendly and competitive low-carbon economy
Amendment 246 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 34
Annex 1 – point 34
34. Since 80% of all product-related environmental impacts are locked in during their design phase, the EU policy framework should ensure that priority products placed on the EU market are ‘eco- designed’environment-friendly, with a view to optimising resource and material efficiency, by addressing inter alia recyclability, recycled content and durability. These requirements will have to be implementable and enforceable. Efforts will be stepped up at EU and national level to remove barriers to eco-innovation and to unlock the full potential of Europe’s eco- industries, generating benefits for green jobs and growth.
Amendment 280 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 41 – introductory part
Annex 1 – point 41 – introductory part
41. In order to turn the EU into a resource- efficient, greenenvironment-friendly and competitive low- carbon economy, the programme shall ensure that by 2020:
Amendment 427 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 74
Annex 1 – point 74
74. The Union and Member States will need to put in place the right conditions to ensure that environmental externalities are adequately addressed and that the right market signals are sent to the private sector, with due regard to any adverse social impacts. This will involve applying the polluter-pays principle more systematically, through phasing out environmentally harmful subsidies and shifting taxation away from labour towards pollution. As natural resources become increasingly scarce, the economic rent and profits associated with their ownership or exclusive use may increase. Public intervention to ensure that such rents are not excessive and that externalities are taken into account will lead to more efficient use of these resources and will help to avoid market distortions, as well as generate public revenue. Environment and climate priorities will be pursued in the framework of the European Semester where these are relevant to the sustainable growth prospects of individual Member States to which country-specific recommendations are addressed. Other market-based instruments, such as payments for ecosystem services, should be used more extensively at EU and national level to incentivise private sector involvement and sustainable management of natural capital.
Amendment 494 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 100 – subparagraph 2 - point d
Annex 1 – point 100 – subparagraph 2 - point d
(d) Engaging with partner countries in a more strategic way. This should involve focusing cooperation: 1) with strategic partners on the promotion of best practice in domestic environment policy and legislation and convergence in multilateral environmental negotiations; 2) with countries covered by the European Neighbourhood Policy on gradual approximation with key EU environment and climate policy and legislation and on strengthening cooperation to address regional environmental and climate challenges; 3) with developing countries to support their efforts to protect the environment, fight climate change and reduce natural disasters, and implement international environmental commitments as a contribution to poverty reduction and sustainable development. Making sure that the principle of reciprocity is observed in trade relations, in particular bilateral trade agreements.
Amendment 498 #
2012/0337(COD)
Proposal for a decision
Annex 1 – point 100 – subparagraph 2 - point f
Annex 1 – point 100 – subparagraph 2 - point f
(f) Ratifying all key multilateral environmental agreements well before 2020, provided that they do not significantly undermine EU competitiveness.
Amendment 98 #
2012/0305(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
An electronic registry for quotas for placing hydrofluorocarbons on the market shall be established. The Commission shall take measuresAn independent hydrofluorocarbons quota market authority shall be created to set up and to ensure the operation of that electronic registry and monitor the functioning of that market. The funding for that independent market authority shall be provided by the producers and importers.
Amendment 99 #
2012/0305(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commissionindependent hydrofluorocarbons quota market authority shall ensure that the producers and importers and the competent authorities of the Member States are informed via that registry about the quota allocated and about any changes to it during the allocation period.
Amendment 100 #
2012/0305(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Any producer or importer for whom a reference value has been determined pursuant to Article 14(1) or (3) and who has been allocated a quota in accordance with Article 14(5), may transfer that quota for all or any quantities to another undertaking in the Union that is registered in the registry referred to in Article 15(1). Any such transfer shall be notified in advance to the Commissionindependent hydrofluorocarbons quota market authority.
Amendment 102 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. By 31 March 2014 and every year after that, each producer, importer and exporter that produced, imported or exported more than one metric tonne or 1 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission and the independent hydrofluorocarbons quota market authority the data specified in Annex VII on each of those substances for that calendar year.
Amendment 104 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By 31 March 2014 and every year after that, each undertaking that destroyed more than one metric tonne or 1 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission and the independent hydrofluorocarbons quota market authority the data specified in Annex VII on each of those substances for that calendar year.
Amendment 105 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. By 31 March 2014 and every year after that, each undertaking that placed on the market more than 10 000 tonnes of CO2 equivalent of fluorinated greenhouse gases and gases listed in Annex II during the preceding calendar year shall report to the Commission and the independent hydrofluorocarbons quota market authority the data specified in Annex VII on each of those substances for that calendar year.
Amendment 106 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Article 17 – paragraph 4 – subparagraph 2
The undertaking shall keep the verification report for at least five years. The verification report shall be made available to the competent authority, the independent hydrofluorocarbons quota market authority and the Commission on request.
Amendment 107 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. TAt the request of the independent hydrofluorocarbons quota market authority, the Commission shall be empowered to adopt delegated acts in accordance with Article 20 amending the thresholds for the obligations provided for in paragraphs 1, 2 and 3 where appropriate, in view of the development of the market, to avoid that substantial quantities of fluorinated greenhouse gases produced, imported or exported are not monitored or to reduce administrative burdens in cases where the quantities reported are insignificant.
Amendment 108 #
2012/0305(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The independent hydrofluorocarbons quota market authority and the Commission shall take appropriate measures to protect the confidentiality of the information submitted to it in accordance with this Article.
Amendment 111 #
2012/0305(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The data collected in accordance with paragraph 1 shall be made available to the independent hydrofluorocarbons quota market authority and the Commission on request. The Commission may dissemincommunicate thoese datalists to the other Member States.
Amendment 112 #
2012/0305(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 updating Annexes I, II and IV on the basis of new scientific findings, in particular on the global warming potential of the listed substances. The delegated acts adopted in application of this article cannot be such as to affect the functioning of the market for which the independent hydrofluorocarbons quota market authority has responsibility.
Amendment 113 #
2012/0305(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
On the basis of information on the placing on the market reported in accordance with Article 17 and on emissions of fluorinated greenhouse gases made available in accordance with Article 18(2), the Commission and the independent hydrofluorocarbons quota market authority shall monitor the application and effects of this Regulation.
Amendment 159 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 1
Annex 1 – point 1
2011/92/EU
Annexe II A – paragraph 1 – point b
Annexe II A – paragraph 1 – point b
(b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.
Amendment 162 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
2011/92/EU
Annex III – paragraph 2 – point a
Annex III – paragraph 2 – point a
Amendment 163 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
2011/92/EU
Annex III – paragraph 2 – point c – subpoint iii
Annex III – paragraph 2 – point c – subpoint iii
Amendment 164 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
2011/92/EU
Annex III – paragraph 2 – point c – subpoint iv
Annex III – paragraph 2 – point c – subpoint iv
(iv) nature reserves and parks, permanent pastures, agriculture areas with a high nature value;
Amendment 168 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
2011/92/UE
Annex IV – paragraph 2
Annex IV – paragraph 2
2. A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered, including the identification of the least environmentally impacting one, and an indication of the main reasons for the choice made, taking into account the environmental effects.
Amendment 169 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
2011/92/UE
Annex IV – paragraph 4
Annex IV – paragraph 4
4. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity and the ecosystem services it provides, land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate change (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.
Amendment 14 #
2012/0295(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to monitor the progress of operational programmes implementation, the Member States should draw up and provide to the Commission annual mid-term implementation report and a final implementation reports, thus ensuring the availability of essential and up-to-date date information. For the same purposes, the Commission and each Member State should meet every year for a bilateral review, except if they agree otherwise.
Amendment 16 #
2012/0295(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to ensure uniform conditions for the implementation of this Regulation, the implementing powers relating to the template for the annual andmid-term implementation report, the final implementation reports and the list of common indicators, the template for the structured survey on end recipients, the electronic data exchange system between the Member State and the Commission, the template for the management declaration, the models for the audit strategy, opinion and annual control report and methodology for the sampling method, the rules concerning use of data collected during audits, and the template for payment applications 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 Member States of the Commission's exercise of implementing powers.
Amendment 17 #
2012/0295(COD)
Proposal for a regulation
Article 3
Article 3
The Fund shall promote social cohesion in the Union by contributing to achieving the poverty reduction target of at least 20 million of the number of persons at risk of poverty and social exclusion in accordance with the Europe 2020 strategy. The Fund shall contribute to achieving the specific objective of alleviating the worst forms of poverty in the Union by providing non- financial assistance to the most deprived persons. This objective shall be measured by the number of persons receiving assistance from the Fund. The Fund shall seek to ensure that nobody in the Union goes hungry.
Amendment 18 #
2012/0295(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Fund shall support national schemes whereby food products and basic consumer goods for the personal use ofuse of the most deprived persons, and in particular homeless persons or ofand children, are distributed to the most deprived persons through partner organisations selected by Member States.
Amendment 19 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 21 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 22 #
2012/0295(COD)
Proposal for a regulation
Article 5 – paragraph 12
Article 5 – paragraph 12
Amendment 23 #
2012/0295(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The global resources available for budgetary commitment from the Fund for the period 2014-2020 shall be EUR 23 500 000 000 at 2011 prices, in accordance with the annual breakdown set out in Annex II.
Amendment 24 #
2012/0295(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 – introductory part
Article 7 – paragraph 1 – subparagraph 1 – introductory part
1. Each Member State shall submit to the Commission one operational programme covering the period between 1 January 2014 and 31 December 2020 within threefour months of the entry into force of this Regulation, containing the following items:
Amendment 26 #
2012/0295(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission may make observations within threone months of the date of submission of the operational programme. If the Commission does not make any observations within that period, the operational programme shall be deemed to have been accepted. The Member State shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed operational programme.
Amendment 27 #
2012/0295(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall, by means of implementing acts, approve the amendment of an operational programme no later than fivthree months after their formal submission by the Member State provided that any observations made by the Commission have been satisfactorily taken into account.
Amendment 28 #
2012/0295(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
In addition, the Commission shall consult, at least once a year, the organisations which represent the partner organisations at Union level on the implementation of support from the Fund. The outcome of these consultations shall be reported to Parliament.
Amendment 29 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. FromBetween 2015 toand 2022, the Member States shall submit to the Commission, by 30 June of each year, an annual a mid-term implementation report for the operational programme in the previous financial year.
Amendment 30 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Member States shall draft the annualmid- term implementation report in accordance with the template adopted by the Commission, including the list of common input and outcome indicators.
Amendment 31 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The annualmid-term implementation reports shall be admissible where ithey contains all the information required in accordance with the template referred in paragraph 2, including the common indicators. The Commission shall inform the Member State concerned within 15 working days from the date of receipt of the annualmid-term implementation report if it is not admissible. Where the Commission has not sent that information within the time limit, the report shall be deemed admissible.
Amendment 32 #
2012/0295(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
4. The Commission shall examine the annualmid- term implementation report and inform the Member State of its observations within two months of the receipt of the annualmid-term implementation report.
Amendment 33 #
2012/0295(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission and each Member State shall meet every year from 2014 to 2022, unless otherwise agreed, to examine the progress in implementing the operational programme, taking account of the annualmid-term implementation report and the Commission's observations referred to in Article 11(7), where applicable.
Amendment 35 #
2012/0295(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing authority shall carry out a structured survey on end recipients in 2017 and 2021, in accordance with the template provided by the Commission. The Commission shall adopt the template by means of an implementing act. This implementing act shall be adopted in accordance with the advisory procedure referred to in Article 60(2). The template, while corresponding to the objectives of the assessment process, shall comply with the principle of administrative simplification.
Amendment 38 #
2012/0295(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The co-financing rate at the level of the operational programme shall not be higher than 85be 100 % of the public eligible expenditure.
Amendment 39 #
2012/0295(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 40 #
2012/0295(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
3. The food and the goods for the most deprived persons, and in particular for homeless persons or for children, may be purchased by the partner organisations themselves.
Amendment 41 #
2012/0295(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
Amendment 42 #
2012/0295(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) the costs of purchasing food and basic consumer goods for the personal use of the most deprived persons, and in particular homeless persons or of children;
Amendment 43 #
2012/0295(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) where a public body purchases the food or basic consumer goods for personal use ofthe use of the most deprived persons, and in particular homeless persons or of children, and provides them to partner organisations, the costs of transporting of food or goods to the storage depots of the partner organisations at a flat rate of 1 % of the costs referred to in point (a);
Amendment 44 #
2012/0295(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point e a (new)
Article 24 – paragraph 1 – point e a (new)
(ea) VAT, where it is not recoverable.
Amendment 45 #
2012/0295(COD)
Proposal for a regulation
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) value added tax. However, VAT amounts shall be eligible where they are not recoverable under national VAT legislation and are paid by a beneficiary other than a non-taxable person as defined in the first subparagraph of Article 13(1) of Council Directive 2006/112/EC, where it is recoverable and so does not constitute a burden.
Amendment 46 #
2012/0295(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Member State shall designate a national public authority or body, functionally independent from the managing authority and the certifying authority, as audit authority. The national audit office or the national court of auditors may be designated as the audit authority.
Amendment 47 #
2012/0295(COD)
Proposal for a regulation
Article 29 – paragraph 4 – point e
Article 29 – paragraph 4 – point e
(e) draw up the management declaration and annual summary referred to in Article 569 (5)(a) and (b) of the Financial Regulation.
Amendment 48 #
2012/0295(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
2. drawing up the annual accounts referred to in Article 569 (5)(a) of the Financial Regulation;
Amendment 50 #
2012/0295(COD)
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1 – point a
Article 31 – paragraph 5 – subparagraph 1 – point a
(a) an audit opinion in accordance with Article 56 9(5) of the Financial Regulation;
Amendment 51 #
2012/0295(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
The budget commitments of the Union in respect of each operational programme shall be made in annual instalments during the period between 1 January 2014 and 31 December 2020. The decision of the Commission adopting the operational programme shall constitute the financing decision within the meaning of Article 814(2) of the Financial Regulation and once notified to the Member State concerned, a legal commitment within the meaning of that Regulation.
Amendment 52 #
2012/0295(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. For each year from 2015 until and including 2022, by 15 Febr31 January of the year following the end of the accounting period, the designated bodies shall submit to the Commission the following documents and information in accordance with Article 569 of the Financial Regulation:
Amendment 53 #
2012/0295(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. For each year from 2015 until and including 2022, by 15 Febr31 January of the year following the end of the accounting period, the designated bodies shall submit to the Commission the following documents and information in accordance with Article 56 of the Financial Regulation:
Amendment 54 #
2012/0295(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) the certified annual accounts of the relevant bodies designated pursuant to Article 32 as referred to in Article 569 (5) of the Financial Regulation;
Amendment 55 #
2012/0295(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) the management declaration as referred to in Article 569 (5) of the Financial Regulation;
Amendment 56 #
2012/0295(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) an audit opinion by the designated independent audit body as referred in Article 569 (5) of the Financial Regulation, accompanied by a control report setting out the findings of the audits carried out relating to the accounting year covered by the opinion.;
Amendment 57 #
2012/0295(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. By 30 April28 February of the year following the end of the accounting period, the Commission shall decide on the acceptance of the accounts of the relevant bodies designated pursuant to Article 28 for the operational programme. The acceptance decision shall cover the completeness, accuracy and veracity of the accounts submitted and shall be without prejudice to any subsequent financial corrections.
Amendment 58 #
2012/0295(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Where the Commission proposes a financial correction on the basis of extrapolation or a flat rate, the Member State shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that , it shall initiate an adversarial procedure with the Member State withe actual extent of irregularity is less than the Commission's assess view to reaching agreement. In agreement with the Commission, the Member State may limit the scope of this examination to an appropriate proportion or sample of the documentation concerned. Except in duly justified cases, the time allowed for this examination shall not exceed a further period of two months after the two-month period referred to in paragraph 1. The examination may take the form of an independent re-audit.
Amendment 59 #
2012/0295(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. Where the Member State does not accept the provisional conclusions of the Commission, the Member State shall be invited to a hearing by the Commission, in order to ensure that all relevant information and observations are available as a basis for conclusions by the Commission on the application of the financial correction. If they fail to reach an agreement, the Commission and the Member State shall jointly appoint an ad hoc independent mediator. If mediation fails to resolve the issue, the Commission and the Member State shall submit their dispute to arbitration.
Amendment 60 #
2012/0295(COD)
Proposal for a regulation
Article 53 – paragraph 6
Article 53 – paragraph 6
Amendment 61 #
2012/0295(COD)
Proposal for a regulation
Annex II – point 1.4.4. – table paragraph 4
Annex II – point 1.4.4. – table paragraph 4
These data will be transmitted to the Commission by the managing authorities in an annual mid-term implementation report.
Amendment 62 #
2012/0295(COD)
Proposal for a regulation
Annex II – point 1.4.4. – table paragraph 5
Annex II – point 1.4.4. – table paragraph 5
This basic annualmid-term reporting will be accompanied by structured surveys. These surveys will be mandated by the Commission itself at least twice during the implementation period. They will provide insights on the recipients, i.e. whether there is dominance of a certain age group or minorities etc., assess the importance of in- kind contributions other than goods for instance voluntary labour and services, and on the impacts of the programme on them. It is expected that this information will only be provided on the basis of informed guesses, as in several cases anonymity might be a precondition for a client to be able to accept the support.
Amendment 482 #
2012/0288(COD)
Proposal for a directive
Article 5
Article 5
Thise Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be made available in consolidated form within three months of its entry into force.
Amendment 46 #
2012/0261(COD)
Proposal for a regulation
Article 2
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be consolidated with the Regulation it is amending within one month of its entry into force. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Amendment 63 #
2012/0260(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be consolidated with the Directive which it amends within three months of its publication.
Amendment 30 #
2012/0205(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be codified with the Directive which it amends within three months of its entry into force.
Amendment 30 #
2012/0202(COD)
Proposal for a decision
Recital 1
Recital 1
(1) Article 10(4) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended several times and most recently by Directive 2009/29/EC of 23 April 20091, does not specify how volumes of greenhouse gas emission allowances to be auctioned are to be distributed over the trading period. ____________ 1 OJ L 140, 5.6.2009, p. 63.
Amendment 32 #
2012/0202(COD)
Proposal for a decision
Article 1
Article 1
2003/87/CE
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
"The Commission shall, where appropriate, submit to the European Parliament and the Council a proposal to adapt the timetable for each period so as to ensure an orderly functioning of the market."
Amendment 43 #
2012/0202(COD)
Proposal for a decision
Recital 2
Recital 2
(2) For the purposes of legal certainty and market predictability, it should be clarified that, in order to ensure an orderly functioning of the market, the Commission is able in exceptional circumstances to adapt the auction timetable pursuant to Article 10(4) of Directive 2003/87/EC. In order to ensure an orderly functioning of the market, the Commission shall consider the possibility of setting up an independent authority responsible for overseeing the greenhouse gas emission allowance trading system in the European Union.
Amendment 51 #
2012/0202(COD)
Proposal for a decision
Recital 2 a (new)
Recital 2 a (new)
(2a) In the interests of transparency, the Commission should be required to demonstrate to Parliament and the Council that exceptional circumstances obtain and that the criteria governing a possible further adaptation of the timetable for each period subsequent to that referred to in Article 13(1) of Directive 2003/87/EC have been met.
Amendment 52 #
2012/0202(COD)
Proposal for a decision
Recital 2 b (new)
Recital 2 b (new)
(2b) The adaptation of the auction timetable should be regarded as a short- term rather than a structural measure intended to address market imbalances affecting the EU ETS.
Amendment 69 #
2012/0202(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
The Commission shall, where appropriatemay, in exceptional circumstances, adapt the timetable for eachthe period so as to ensure an orderly functioning of the marketreferred to in Article 13(1), beginning on 1 January 2013, so as to ensure an orderly functioning of the market. The Commission shall make no more than one such adaptation.
Amendment 48 #
2012/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall enter into force on the 20th day following that of its publications in the Official Journal of the European Union. It shall be consolidated with the regulation it is amending within one month of entering into force.
Amendment 12 #
2012/0193(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) the budgets of institutions, bodies, offices and agencies established underpursuant to the Treaties or budgets managed and monitored by them.
Amendment 13 #
2012/0193(COD)
Proposal for a directive
Article 15 – title
Article 15 – title
Cooperation between the Member States, the European Court of Auditors, the national audit institutions, European civil servants, auditors and the European Commission (European Anti-Fraud Office)
Amendment 14 #
2012/0193(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The European Court of Auditors, national audit institutions (e.g. when auditing transactions under shared management arrangements) and auditors responsible for auditing the budgets of the institutions, bodies and agencies established pursuant to the Treaties, or the budgets managed and audited by the institutions, shall disclose to OLAF any criminal offences of which they become aware during their mission and shall be held criminally liable if they fail to do so; moreover, this disclosure shall not render them liable to prosecution;
Amendment 15 #
2012/0193(COD)
Proposal for a directive
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2b. European civil servants shall disclose to OLAF any criminal offences of which they become aware during their mission and shall be held criminally liable if they fail to do so; moreover, this disclosure shall not render them liable to prosecution;
Amendment 15 #
2012/0192(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 16 #
2012/0192(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) the explicit wish of a minor who is capable of forming an opinion and assessing this information to refuse participation in, or to be withdrawn from, the clinical trial at any time, is duly taken into consideration by the investigator in accordance with his or respected, irrespective of the position of his or her legal representative, no matter what ther age andor maturity of the minor may be;
Amendment 17 #
2012/0192(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The minor shall take part in the consent procedure in a manner adapted tobe free to give or withhold his or her consent irrespective of his or her age andor maturity.;
Amendment 18 #
2012/0192(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point a
Article 32 – paragraph 2 – subparagraph 1 – point a
(a) regarding incapacitated subjects and minors, the informed consent referred to in paragraph 1 shall be obtained as soon as possible from the legal representative and the information referred to in paragraph 1 shall be given as soon as possible to the subject;
Amendment 21 #
2012/0192(COD)
Proposal for a regulation
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. The Commission shall report to the European Parliament annually on the controls and inspections conducted pursuant to this article.
Amendment 24 #
2012/0192(COD)
Proposal for a regulation
Annex 1 – part 12 – point 54 – indent 1
Annex 1 – part 12 – point 54 – indent 1
– in trials with minors or incapacitated subjects, the procedures to obtain informed consent from the parent(s) or legal representative, and the involvement of the minor or incapacitated subject shall be described;
Amendment 25 #
2012/0192(COD)
Proposal for a regulation
Annex 1 – part 12 – point 54 – indent 1 a (new)
Annex 1 – part 12 – point 54 – indent 1 a (new)
– in trials with minors, the procedures to obtain informed consent from the minor and the parents or legal representative, and the involvement of the minor, shall be described;
Amendment 97 #
2012/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This Regulation shall be consolidated into the regulation it amends in the month following its entry into force.
Amendment 15 #
2012/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
Amendment 23 #
2012/0186(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The Commission shall report the data collectedsubmit to the European Parliament a report summarising the data collected.
Amendment 10 #
2012/0184(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 11 #
2012/0184(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A number of technical standards and requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of periodic roadworthiness tests, that after being placed on the market, vehicles continue to meet safety standards throughout their lifetime. This regime should apply toMember States might introduce national requirements concerning roadworthiness tests for categories of vehicles as defined in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type- approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC,. This regime should apply to categories of vehicles as defined in Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles and Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC.
Amendment 13 #
2012/0184(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 14 #
2012/0184(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Solid investigation results show that 8% of thetudies of accidents involving motorcycles are caused by or linked to technical defects. Motorcycle riders are the group of road users with the highest safety risk, with rising trend in the number of fatal yield widely differing results. It is recognised that, in general, motorcycle riders maintain their vehicle properly, with few accidents relating to the vehicle’s mechanical conditieson. Moped drivers are overrepresented in the number of fatalities, with more than 1,400 drivers killed on the roads in 2008. The scope of vehicles to be tested shall therefore be extended to the highest risk group of road users, the powered two- or three-wheel vehicles.
Amendment 17 #
2012/0184(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Roadworthiness testing is a sovereign activity and should therefore be done by the Member States or by entrusted bodies under their supervision. Member States should remain responsible for organising roadworthiness testing in any cases even if the national system allows for authorisation of private bodies, including those involved in performing repairs.
Amendment 17 #
2012/0184(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (Text with EEA relevance)
Amendment 18 #
2012/0184(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A number of technical standards and requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of periodic roadworthiness tests, that after being placed on the market, vehicles continue to meet safety standards throughout their lifetime. This regime should apply toe Member States could introduce national requirements governing roadworthiness tests for categories of vehicles as defined in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type- approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC,. This regime should apply to categories of vehicles as defined in Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles and Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC.
Amendment 23 #
2012/0184(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 23 #
2012/0184(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Solid iInvestigation results show that 8% of thes into accidents involving motorcycles are caused or linked to technical defects. Motorcycle rider yield widely differing results. It is are the group of road users with the highest safety risk, with rising trend in the number of fatalcognised that, in general, motorcycle riders maintain their vehicle properly, with few accidents relating to the vehicle’s mechanical conditieson. Moped drivers are overrepresented in the number of fatalities, with more than 1,400 drivers killed on the roads in 2008. The scope of vehicles to be tested shall therefore be extended to the highest risk group of road users, the powered two- or three-wheel vehicles.
Amendment 24 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This RegulationDirective shall apply to vehicles with a design speed exceeding 25 km/h of the following categories, as referred to in Directive 2002/24/EC, Directive 2007/46/EC and Directive 2003/37/EC:
Amendment 24 #
2012/0184(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Roadworthiness testing is a sovereign activity and should therefore be done by the Member States or by entrusted bodies under their supervision. Member States should remain responsible for organising roadworthiness testing in any cases even if the national system allows for authorisation of private bodies, including those involved in performing repairs.
Amendment 27 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 7
Article 2 – paragraph 1 – indent 7
Amendment 29 #
2012/0184(COD)
Proposal for a regulation
Article 2 – indent 4 a (new)
Article 2 – indent 4 a (new)
– two- or three-wheel vehicles – vehicle categories L1e, L2e, L3e, L4e, L5e, L6e and L7e,
Amendment 35 #
2012/0184(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 42 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Rregulation shall apply to vehicles with a design speed exceeding 25 km/h of the following categories, as referred to in Directive 2002/24/EC, Directive 2007/46/EC and Directive 2003/37/EC:
Amendment 44 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 7
Article 2 – paragraph 1 – indent 7
Amendment 47 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 1
Article 5 – paragraph 1 – indent 1
Amendment 47 #
2012/0184(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 (new)
Article 2 – paragraph 2 – subparagraph 1 (new)
two- or three-wheel vehicles – vehicle categories L1e, L2e, L3e, L4e, L5e, L6e and L7e,
Amendment 57 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 1
Article 5 – paragraph 1 – indent 1
Amendment 59 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 4 – indent 3 a (new)
Article 5 – paragraph 4 – indent 3 a (new)
– following a roadside inspection.
Amendment 64 #
2012/0184(COD)
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 1 (new)
Article 5 – paragraph 4 – subparagraph 1 (new)
following a roadside inspection;
Amendment 25 #
2012/0169(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The key information document shall be accurate, fairtruthful, clear and not misleading.
Amendment 29 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c – introductory part
Article 8 – paragraph 2 – point c – introductory part
(c) under a section titled "Could I lose money?", a briefn indication of whether loss of capital is possible, including:
Amendment 32 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point g a (new)
Article 8 – paragraph 2 – point g a (new)
(ga) under a section titled "What taxes are payable on the product?", details of taxes payable by the client on revenue and capital;
Amendment 33 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point g b (new)
Article 8 – paragraph 2 – point g b (new)
(gb) under a section titled "What rules apply to measures to prevent money laundering?", a brief indication of laws and regulations in force in the country where the product is marketed and applicable to the product as part of a strategy to combat organised crime, corruption and money laundering;
Amendment 35 #
2012/0169(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The investment product manufacturer shall review the information contained in the key information document regularly and revise the document where the review indicates that significant changes need to be made.
Amendment 110 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 1
Article 3 – point 1
1) ‘electronic identification’ means the process of using person identification data in electronic form unambiguously representing a natural or legal person;
Amendment 123 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 7 – point c
Article 3 – point 7 – point c
(c) it is created using electronic signature creation data that the signatory can, with high level of confidence, use under his sole control; and
Amendment 125 #
2012/0146(COD)
Proposal for a regulation
Article 3 – point 10
Article 3 – point 10
10) ‘certificate’ means an electronic attestation which links electronic signature or seal validation data tof a natural or a legal person respectively to the certificateperson or seal validation data to a legal person and confirms those data of that person;
Amendment 149 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service providers established in the territory of the Union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE and, if the third country in which they are based so agrees, qualified trust services and qualified certificates provided by qualified trust service providers based in the EU shall, under the principle of reciprocity, be accepted in this country.
Amendment 214 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The law applicable to trust services, particularly with regard to disputes, shall be that of the Member State in which the person receiving the service is established unless otherwise jointly agreed by the service provider and recipient.
Amendment 218 #
2012/0146(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Qualified trust services and qualified certificates provided by qualified trust service providers established in a third country shall be accepted as qualified trust services and qualified certificates provided by a qualified trust service provider established in the territory of the Union if the qualified trust services or qualified certificates originating from the third country are recognised under an agreement between the Union and third countries or international organisations in accordance with Article 218 TFUE and if the third country in which they are established recognises as acceptable, under the principle of reciprocity, qualified trust services and qualified certificates from qualified trust service providers established in the European Union.
Amendment 287 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document and admissible as evidence in legal proceedings, having regard todepending on its assurance level of authenticity and integrity.
Amendment 292 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The supervisory body shall provide the European Network and Information Security Agency (ENISA) and the Commission once a year with a summary of breach notifications received from trust service providers.
Amendment 306 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Qualified trust service providers shall be audited by a recognised independent body once a year to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this Regulation, and shall submit the resulting security audit report to the supervisory body. If, after three years of existence, the annual audit reports raise no concerns, the audits referred to in this paragraph shall be carried out every two years only.
Amendment 316 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. With reference to paragraph 3, if the qualified trust service provider does not remedy any such failure within a time limit setand in accordance with the adversarial procedure specified by the supervisory body, it shall lose its qualified status and be informed by the supervisory body that its status will be changed accordingly in the trusted lists referred to in Article 18.
Amendment 349 #
2012/0146(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point i a (new)
Article 19 – paragraph 2 – point i a (new)
(ia) refuse to provide services for activities they know to be illegal.
Amendment 358 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. A qualified electronic signature shall be presumed to have the equivalent legal effect of a handwritten signature.
Amendment 381 #
2012/0146(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. On the basis of the information received, the Commission shall establish, publish and maintain a list of certified qualified electronic signature creation devices. The Commission shall without delay forward these updates to the Member States by electronic means.
Amendment 419 #
2012/0146(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. An electronic document shall be considered as equivalent to a paper document and admissible as evidence in legal proceedings, having regard tobased on its assurance level of authenticity and integrity.
Amendment 437 #
2012/0146(COD)
Proposal for a regulation
Article 40
Article 40
The Commission shall report to the European Parliament and to the Council on the application of this Regulation. The first report shall be submitted no later than fourtwo years after the entry into force of this Regulation. Subsequent reports shall be submitted every four years thereafter.
Amendment 63 #
2012/0084(COD)
Proposal for a regulation
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 223/2009
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
3. Member States shall take all necessary measures to implement the Code of Practice in order to maintain confidence in their statistics. To this effect, each Member State, represented by its government, shall sign and implement a ‘Commitment on Confidence in Statistics’ whereby specific policy commitments are made to implement the Code and to establish a national quality assurance framework, including self-assessments and improvement actions. The Commitment shall be counter-signed by the Commission. The statistical data, with particular reference to accounting and financial data, used for the purpose of implementing Protocol No 12 on the excessive deficit procedure and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union shall be certified by the European Court of Auditors, where appropriate on the basis of certification of national statistical data by national audit bodies.
Amendment 81 #
2012/0084(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall be made available in consolidated form within three months of its entry into force.
Amendment 24 #
2012/0075(COD)
Proposal for a regulation
Article 6 – subparagraph 2
Article 6 – subparagraph 2
This Regulation shall be binding in its entirety and directly applicable in all Member States. Consolidated versions of Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC shall be prepared within three months of the date of entry into force of this Regulation.
Amendment 41 #
2012/0074(NLE)
Article 10 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year after the date referred to in Article 11- specific date to be inserted by the Publications Office] at the latest. They shall forthwith communicate to the Commission and the European Parliament the text of those provisions.
Amendment 42 #
2012/0074(NLE)
Article 10 – paragraph 2
2. Member States shall communicate to the Commission and the European Parliament the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Amendment 44 #
2012/0074(NLE)
Article 12
This Directive is addressed to the European Commission, the European Parliament and the Member States.
Amendment 45 #
2012/0074(NLE)
Annex II – point 1
A Member State is not required to monitor drinking water for tritium or radioactivity to establish total indicative dose where it is satisfied on the basis of other monitoring that the levels of both tritium and of the calculated total indicative dose are well below the parametric value. Monitoring drinking water for radon is not required where a Member State is satisfied on the basis of other monitoring that the levels of radon are well below the parametric value. In these cases, it shall communicate the grounds for its decision to the Commission and the European Parliament, including the results of the other monitoring carried out.
Amendment 46 #
2012/0074(NLE)
Annex II – point 3 – subparagraph 3
Where results of other surveillance programmes or investigations than those required as provided in the first paragraph of this point are used to ensure compliance with this Directive, the Member State shall communicate the grounds for its decision to the Commission and the European Parliament, including the relevant results of these monitoring programmes or investigations.
Amendment 73 #
2012/0074(NLE)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year after the date referred to in Article 11- specific date to be inserted by the Publications Office] at the latest. They shall forthwith communicate to the Commission the text of those provisionshe text of these provisions to the Commission, which shall promptly notify the European Parliament.
Amendment 75 #
2012/0074(NLE)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. These texts shall be forwarded to the European Parliament forthwith.
Amendment 83 #
2012/0074(NLE)
Proposal for a directive
Annex II – paragraph 1 – subparagraph 1
Annex II – paragraph 1 – subparagraph 1
A Member State is not required to monitor drinking water for tritium or radioactivity to establish total indicative dose where it is satisfied on the basis of other monitoring that the levels of both tritium and of the calculated total indicative dose are well below the parametric value. Monitoring drinking water for radon is not required where a Member State is satisfied on the basis of other monitoring that the levels of radon are well below the parametric value. In these cases, it shall communicate the grounds for its decision to the Commission, including the results of the other monitoring carried out. This information shall be forwarded to the European Parliament by the Commission.
Amendment 84 #
2012/0074(NLE)
Proposal for a directive
Annex II – paragraph 3 – subparagraph 3
Annex II – paragraph 3 – subparagraph 3
Where results of other surveillance programmes or investigations than those required as provided in the first paragraph of this point are used to ensure compliance with this Directive, the Member State shall communicate the grounds for its decision to the Commission, including the relevant results of these monitoring programmes or investigations. This information shall be forwarded to the European Parliament by the Commission.
Amendment 47 #
Amendment 48 #
2012/0066(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. A consolidated version of Directive 2006/66/EC shall be drawn up within three months of the date of entry into force of this Directive.
Amendment 63 #
2012/0061(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 15 and 16 thereof,
Amendment 127 #
2012/0061(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States obligations to make information on terms and conditions of employment generally available and to provide effective access to it, not only to service providers from other Member States, but also to the posted workers concerned, should be further concretised. The service provider’s or worker’s Member State of origin should have this information on terms and conditions of employment translated into the language of the service provider or worker concerned.
Amendment 174 #
2012/0061(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In view of the prevalence of subcontracting in the construction sector, 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 authoritiessector-specific rules are adopted.
Amendment 198 #
2012/0061(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The obligation to impose a liability requirementspecific rules on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.
Amendment 350 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working to the Member State from which he/she is posted after completion of the work or the provision of services for which he or she was posted;
Amendment 412 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the appropriate measures to ensure that the information on the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC which are to be applied and complied with by service providers are made generally available in a clear, comprehensive and easily accessible way at a distance and by electronic means, in formats and by web standards that ensure access to persons with disabilities and to ensure that the liaison offices or the other competent national bodies referred to in Article 4 of Directive 96/71/EC are in a position to carry out their tasks effectively. The service provider’s or worker’s Member State of origin shall have this information on terms and conditions of employment translated into the language of the service provider or worker concerned.
Amendment 452 #
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, 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 article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make 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. Each Member State shall ensure that posted workers have access to this information in their own language.
Amendment 552 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest at the commencement of the service provision, whereby the declaration may only cover the identity of the service provider, the presence of one or more and of clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, and the services justifying the posting; copies of all documents concerning a worker should be made available to him/her;
Amendment 659 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. The national supervisory authorities shall notify promptly the national judiciary authorities responsible for prosecutions and the European Anti- Fraud Office (OLAF) of any fraud found during inspections carried out under this directive.
Amendment 712 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for; these specific rules shall apply to non-payment of the following:
Amendment 179 #
2012/0011(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Article 16(2) of the Treaty mandates the European Parliament and the Council to lay down the rules relating to the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies, and by Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of personal data.
Amendment 207 #
2012/0011(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Any processing of personal data should be lawful, fair and transparent in relation to the individuals concerned. In particular, the specific purposes for which the data are processed should be explicit and legitimate and determined at the time of the collection of the data. The data should be adequate, relevant and limited to the minimum necessary fornot excessive in relation to the purposes for which the data are processed; this requires in particular ensuring that the data collected are not excessive and that the period for which the data are stored is limited to a strict minimum. Personal data should only be processed if the purpose of the processing could not be fulfilled by other means. Every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted. In order to ensure that the data are not kept longer than necessary, time limits should be established by the controller for erasure or for a periodic review.
Amendment 233 #
2012/0011(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, how long the data will be stored and the criteria which may be used as the basis for determining how long the data will be stored, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.
Amendment 359 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) adequate, relevant, and limited to the minimum nenot excessaryive 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 363 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the data subject has given consent to the processing of their personal data for one or more specific purposes;
Amendment 378 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) where the controller entrusts personal data to a third party, the third party concerned shall become jointly responsible for compliance with this Regulation;
Amendment 390 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 404 #
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 135 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.
Amendment 448 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the period for which the personal data will be stored and the criteria which may be used as the basis for determining how long the data will be stored;
Amendment 851 #
2012/0011(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The term of office of the chair and of the deputy chairpersons shall be five years and be renewable. Their appointment may be revoked by a decision of the European Parliament adopted by a two-thirds majority of the votes cast, representing a majority of its component Members.
Amendment 913 #
2012/0011(COD)
Proposal for a regulation
Article 86 – paragraph 2
Article 86 – paragraph 2
2. The delegation of power referred to in Article 6(5), Article 8(3), Article 9(3), Article 12(5), Article 14(7), Article 15(3), Article 17(9), Article 20(6), Article 22(4), Article 23(3), Article 26(5), Article 28(5), Article 30(3), Article 31(5), Article 32(5), Article 33(6), Article 34(8), Article 35(11), Article 37(2), Article 39(2), Article 43(3), Article 44(7), Article 79(6), Article 81(3), Article 82(3) and Article 83(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 1012 #
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 135 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.
Amendment 60 #
2011/2288(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Suggests that a European Investment Plan aimed at making the territory of the European Union the most competitive in the world in relation to trans-European infrastructure networks is implemented, particularly networks between Member States concerning the areas of energy, information technology and communication (very high speed), industry, university networks, space, transport (high-speed trains, maritime highways, ports, river networks etc.), health;
Amendment 66 #
2011/2288(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a Reiterates its earlier proposal that the Commission, in conjunction with the EIB (in view of the quality of the latter’s human resources and its experience in financing major infrastructure), engage in a process of strategic analysis of investment funding, without ruling out any possible scenario, including subsidies, the release of sums subscribed to the EIB’s capital by the Member States, EU subscriptions to the EIB’s capital, loans, innovative instruments, financial engineering tailored to long-term projects which are not immediately profitable, the development of guarantee systems, the creation of an investment section within the EU budget, financial consortia of European, national and local authorities, public-private partnerships, etc.
Amendment 71 #
2011/2232(DEC)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Is deeply concerned by theCalls on the Agencies to adopt effective processes that duly address potential allegations of conflict of interests existing within the Agencies and/or the Management Board, in particular in EASA, EEA and EFSA;
Amendment 77 #
2011/2232(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Recalls that the European Ombudsman criticised EFSA for the way it assesses potential conflicts of interest and ‘revolving door’ cases; icalls concerned that other Agencies that could experience similar situations, and failed to stopto employ efficient procedures to detect, and prevent theany conflict of interest situations;
Amendment 79 #
2011/2232(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. UrgInvites the Agencies, therefore, to provide Parliament with a detailed overview of the criteria and verification mechanismprocedures applied to avoid ‘revolving door’ cases and to stop the existingavoid any situations of conflicts of interest; where this role is ensured together with the national counterparts, urges the Agencies to clarify this sharing role to avoid responsibility- related loopholes in cases of conflicts of interest;
Amendment 141 #
2011/2232(DEC)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Notes that the large size of certain Agencies’ Governing Boards and the nature and high turnover of their members can lead to an ineffective decision-making body; calls, accordingly, on the Interinstitutional Working Group on Agencies to address this issue together with a re-evaluation of the nature of their members status, scope of competences and conflict of interest related matters; suggests in addition that consideration be given to the possibility of merging governing boards for Agencies working in related fields to reduce meeting costs;
Amendment 6 #
2011/2224(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that two-thirds from the Agency's budget come from fees and charges paid by the industry, one-third comes from Union subsidy and the initial European Union contribution to the Agency for 2010 amounted to EUR 32 879 000; notes however that EUR 1 318 000, coming from the recovery of surplus, was added to it which, as a result, makes a total European Union contribution of EUR 34 197 000 for 2010;
Amendment 8 #
2011/2224(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that under Article 3 of Commission Regulation N° 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency15 the revenues from fees constitute assigned revenues which can be carried over by the Agency as long as they have not been used and that the positive budget result f; notes that industry receipts may be related to more the year is put into aan one financial year; notes that the reserve that can be used during the subsequent years is based on the budget result for the year; notes that the amount of the reserve decreased over the last two years from EUR 29 000 000 at the end of 2008 to EUR 21 000 000 at the end of 2010;
Amendment 9 #
2011/2224(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls once more on the Agency to improve its monitoring system for certification projects to make sure that, over the entire project duration, the fees levied do not deviate significantly from the actual cosfurther take the adequate measures in order to avoid deficiencies that put at risk the transparency of the procurement process as well as the principle of sound financial management;
Amendment 16 #
2011/2224(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Agency to inform the discharge authority on the total value of the Framework Contract and to remedyfurther take the adequate measures in order to avoid deficiencies that put at risk the transparency of the procurement process as well as the principle of sound financial management;
Amendment 19 #
2011/2224(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concernedNotes that, once more, the discharge authority fiounds deficiencies in staff selection procedures which put at risk the transparency of these procedures; acknowledges from the Court of Auditors that there was no evidence that thresholds for being invited to interview or put on the reserve list have been defined before the examination of the applications started; notes that this could be to cover up a situation of nepotism or conflict of interests; asks that everything be done in order to avoid conflict of interests;
Amendment 21 #
2011/2224(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concernedNotes that the Agency did not inform the discharge authority of the actions taken to redress this situation and make the selection procedures of its experts/staff more transparent as requested in 2009, and took action only in 2010, after the Court of Auditors re-underlined the issue in its reportlthough understands that the matter was addressed in 2010; stresses, once more, that the impact of these deficiencies is even more crucial when considering that the Agency has the following objectives, namely issuing certification specifications, taking decisions regarding airworthiness and environmental certification and conducting standardisation inspections of the competent authorities in the Member States;
Amendment 26 #
2011/2224(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the Agency's technical staff members arneed to be commonly recruited from national aviation authorities and the aviation industry; understands that the staff members must have sufficient and up-to- date technical experience of working in the field of aviation to perform a technical verification of compliance demonstration documents in order to be able to ensure the adequate level of aviation safety as requested by the applicable Union legislation; is concerned however that this situation could causes conflicts of interest if a staff member recruited from an aircraft manufacturer works and takes decisions at the Agency on the certification of the aircraft he/she used to work on while employed by the manufacturer; is seriously concerned that such cases have the potential to put aviation safety at risk in the cases concerned; could, if not detected and adequately managed, result in a conflict of interests situation; notes however that the Agency has put in place a certification procedure where impartiality of the decision-making process is guaranteed through the collegiality of the technical assessments and the decision-making process itself; also understands that the Agency is in the process to set up an Agency wide policy in the area of code of conduct including identification, prevention, monitoring and dealing with the consequences of potential conflict of interest cases which will help the Agency to further improve the identification and handling of conflict of interests situations in a way that aviation safety is not put at risk at any time;
Amendment 27 #
2011/2224(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Agency to take duly into consideration the professional background of its staff members in order to avoid any conflict of interest; is of the opinion that anthe Agency employee should not's conflict of interests policy should elaborate to which extent and under which conditions an Agency employee can be involved in the certification of an aircraft on which they worked prior to joining the Agency;
Amendment 30 #
2011/2224(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. UrgesCalls on the Agency to inform the discharge authority and the Commission of such cases of conflict of interest and to immediately appoint an independent expert/staff member to verify the decisions taken in these casesadopt effective processes that duly address potential cases of allegations of conflict of interests within the Agency;
Amendment 41 #
2011/2224(DEC)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Acknowledges that several ‘"very important’" recommendations from the Internal Audit Service (IAS) aimed at reducing outstanding risks to the Agency are still open; urges, therefore, the Agency to inform the disch and arge authority of progress on these recommendations and on the reasons for delaying the implementation of the IAS recommendations on human resources management (i.e. on appraisal reports of directors and on setting individual objectives)currently under review by the IAS;
Amendment 63 #
2011/2212(DEC)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Recalls the earthquake in Haiti and its disastrous consequences; deplores the difficulties noted in combining humanitarian aid and development aid (linking relief, rehabilitation and development); considers that the Commission should limit its humanitarian aid and direct its efforts and funding to rehabilitation and development;
Amendment 64 #
2011/2212(DEC)
Motion for a resolution
Paragraph 48 b (new)
Paragraph 48 b (new)
Amendment 65 #
2011/2212(DEC)
Motion for a resolution
Paragraph 48 c (new)
Paragraph 48 c (new)
48c. Deplores lack of sustainability of projects and stresses that projects should principally aim at creating employment and sustainable growth which would allow the Haitian State to increase its own revenues in order to depend less on foreign assistance; requests therefore the Commission to provide Parliament with a list of projects which have been carried out during the last 15 years in Haiti with a detailed assessment of their current situation in order to see how sustainable they are since;
Amendment 66 #
2011/2212(DEC)
Motion for a resolution
Paragraph 48 c (new)
Paragraph 48 c (new)
48 c. Points to the lack of visibility of the Union aid in Haiti; takes the view that in order to enhance visibility not only the flag, but also the name of the European Union should appear in PR documents rather than only that of the Commission or of DG ECHO, which are much less identifiable to average Haitian citizens;
Amendment 3 #
2011/2203(DEC)
Proposal for a decision
Paragraph 1
Paragraph 1
1. Grants/refuses the Secretary-General of the Council discharge for implementation of the Council’s budget for the financial year 2010;
Amendment 5 #
2011/2203(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, in line with Article 335 TFEU, ‘(…)In each of the Member States, the Union shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission. However, the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation’; which, in view of Article 50 of the Financial Regulation, means that the institutions are individually responsible for the implementation of their budgets;
Amendment 6 #
2011/2203(DEC)
Motion for a resolution
Paragraph 3 a(new)
Paragraph 3 a(new)
3a. Calls on the Commission to examine whether the European External Action Service (EEAS) created on 1 December 2009 by Article 27(3) of the Treaty on European Union and established in 2010 should be subject to the discharge procedure by the European Parliament, and if it should, regrets that this procedure was not put in place for the financial year 2010;
Amendment 6 #
2011/2203(DEC)
Proposal for a decision
Paragraph 1
Paragraph 1
1. Grants the Secretary-General of the Council discharge for implementation of the Council’s budget for the financial year 2010 / Postpones the discharge to the Secretary-General of the Council for implementation of the Council budget for the financial year 2010;
Amendment 7 #
2011/2203(DEC)
Proposal for a decision
Paragraph 2
Paragraph 2
2. Sets out its observations and reservations in the resolution below;
Amendment 40 #
2011/2201(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers it abnormal for the annual accounts to show net assets of -EUR 27.4 million and wonders whether the amounts to be called from Member States for staff pensions estimated at EUR 30.9 billion should not be entered as assets, given that this clearly constitutes a commitment; notes the explanations provided by the Commission's Accounting Officer to the effect that international accounting standards applicable to the public sector have been complied with; calls for the Court of Auditors to clearly state its position on this matter; calls for a figure to be put on the risk of the above amount not being made available in the light of the Member States’ financial positions; proposes that consideration should be given to establishing an EU pension fund in order to externalise these financial commitments vis-à-vis staff;
Amendment 41 #
2011/2201(DEC)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Court of Auditors in future to provide a single statement of assurance as to the legality and regularity of the underlying transactions, pursuant to Article 287(1), second subparagraph of the Treaty on the Functioning of the European Union, as it already does for the reliability of the accounts;
Amendment 82 #
2011/2201(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls, therefore, pursuant to Article 287(3) of the Treaty on the Functioning of the European Union, for cooperation as regards shared-management controls to be stepped up between national audit bodies and the Court of Auditors; proposes that consideration should be given to the possibility of national audit bodies issuing – in their capacity as independent external auditors and in accordance with international audit standards – national audit certificates for the management of Union funds, which would be submitted to Member State governments with a view to their being produced during the discharge process under an appropriate inter-institutional procedure to be established;
Amendment 88 #
2011/2201(DEC)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Viewsproposes that the substance of national declarations signed at managerial level as a first step towards national declarations signed at ministerial level; directorate-general level should comply with international auditing standards and that those declarations should be used by the Court of Auditors in its audit work and based on, among other things, the declarations by authorities to which management power is delegated;
Amendment 153 #
2011/2201(DEC)
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75a. Calls on the Court of Auditors, pursuant to Article 287(4), second subparagraph of the Treaty on the Functioning of the European Union, to deliver an opinion on the independence of the national audit authorities with regard to shared management;
Amendment 186 #
2011/2201(DEC)
Motion for a resolution
Paragraph 106 a (new)
Paragraph 106 a (new)
106a. Recalls the earthquake in Haiti and its disastrous consequences; deplores the difficulties noted in combining humanitarian aid and development aid (linking relief, rehabilitation and development); considers that the Commission should limit its humanitarian aid and direct its efforts and funding to rehabilitation and development;
Amendment 187 #
2011/2201(DEC)
Motion for a resolution
Paragraph 106 b (new)
Paragraph 106 b (new)
106b. Deplores the insufficient coordination between the Union Delegation and the ECHO representation; supports a reinforced coordination between all Union actors; urges therefore the Commission to ensure better coherence and complementarity between humanitarian aid and development aid both at a policy level and in practice;
Amendment 188 #
2011/2201(DEC)
Motion for a resolution
Paragraph 106 c (new)
Paragraph 106 c (new)
106c Deplores the lack of sustainability of projects and stresses that projects should principally aim at creating employment and sustainable growth which would allow the Haitian State to increase its own revenues in order to depend less on foreign assistance; requests therefore the Commission to provide Parliament with a list of projects which have been carried out during the last 15 years in Haiti with a detailed assessment of their current situation in order to see how sustainable they are since;
Amendment 189 #
2011/2201(DEC)
Motion for a resolution
Paragraph 106 d (new)
Paragraph 106 d (new)
106d. Points to the lack of visibility of the Union aid in Haiti; takes the view that in order to enhance visibility not only the flag, but also the name of the European Union should appear in PR documents rather than only that of the Commission or of DG ECHO, which are much less identifiable to average Haitian citizens;
Amendment 195 #
2011/2201(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas Europe is faced with a severe budgetary and financial crisis which can lead to a crisis of confidence in the Union and whereas it is important that the CommissionEU is a leading example for good public management, through the Commission, which implements the EU budget; whereas good public management is necessary for the EU to maintain its AAA rating, which is important, in particular if it is to honour its commitment to provide EUR 60 billion in guarantees for the European Financial Stabilisation Mechanism;
Amendment 197 #
2011/2201(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas 2010 was the first full financial year to come under the Lisbon Treaty provisions, with new budget procedures and the establishment of the European External Action Service (EEAS), together with the European Council Presidency alongside the rotating Council Presidency; whereas it was also the first year in the new Europe 2020 strategy;
Amendment 199 #
2011/2201(DEC)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas Article 287(1), second subparagraph of the Treaty on the Functioning of the European Union requires the Court of Auditors to provide Parliament and the Council with a statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, and adds that that statement may be supplemented by specific assessments for each major area of Union activity,
Amendment 2 #
2011/2186(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the Audit Committee was established under the EIB Statute as an independent committee responsible for the auditing of the EIB’s accounts and verifying that the activities of the Bank conform to best banking practice; whereas the Audit Committee stated in its report of 6 April 2011 that: ‘in 2010 the Audit Committee received the expected support from the Bank’s services, thus being able properly to discharge its responsibilities’;
Amendment 12 #
2011/2186(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges EIB to increase the public sector support forProposes that the EIB increase its share of financing infrastructure networks in new, particularly in Member sStates which is still low compared to EU-15ere these networks are still underdeveloped; asks that this share of financing infrastructure networks be greater for interconnections at Member State borders;
Amendment 16 #
2011/2186(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 36 #
2011/2186(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
Amendment 38 #
2011/2186(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Questions whether the Audit Committee has all the skills and independence required to carry out its remit and would like to know what independent means are available to this body to carry out its work;
Amendment 39 #
2011/2186(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Proposes that this regulatory supervision be: i) exercised by the European Central Bank on the basis of Article 127(6) of the TFEU, ii) or, failing that and on the basis of a voluntary approach by the EIB, carried out by the European Banking Authority with or without the participation of one or more national regulators, or by an independent auditor;
Amendment 45 #
2011/2186(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Requests that the financial guarantees given by the EU to the EIB be repaid at the average rate for repayment of comparable guarantees observed on the financial market. The repayment as thus calculated may be subject to a subsidy decision by the EU for the EIB in accordance with the normal procedures if the absence of repayment of this guarantee forms part of an economic model in accordance with the Union’s objectives, particularly for activities outside the Union, and with the rules on the functioning of the internal market to avoid distortions of competition with the private sector;
Amendment 47 #
2011/2186(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Regrets the mention in the EIB’s 2010 report that the EIB’s capital adequacy ratio – the ratio of the Bank’s capital to its assets – stands at 27.2%, whilst stating that the Bank for International Settlements’ Basel Committee sets the minimum capital adequacy ratio for banks at 8%, since the operating rules for the EIB’s capital are not the same as for banks to which the aforementioned Basel Committee’s ratio applies;
Amendment 48 #
2011/2186(INI)
Motion for a resolution
Paragraph 41 c (new)
Paragraph 41 c (new)
Amendment 49 #
2011/2186(INI)
Motion for a resolution
Paragraph 41 d (new)
Paragraph 41 d (new)
41d. Proposes that the Member States involved in the EIB adopt a plan, e.g. over the EU 2020 period, to release the share of unpaid subscribed capital which on 31 December 2010 amounted to around EUR 190bn;
Amendment 55 #
2011/2186(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48a. Proposes that the Commission, in conjunction with the EIB (in view of the quality of the latter’s human resources and its experience in financing major infrastructure), engage in a process of strategic analysis of investment funding, without ruling out any possible scenario, including subsidies, the release of sums subscribed to the EIB’s capital by the Member States, EU subscriptions to the EIB’s capital, loans, innovative instruments, financial engineering tailored to long-term projects which are not immediately profitable, the development of guarantee systems, the creation of an investment section within the EU budget, financial consortia of European, national and local authorities, public-private partnerships, etc.;
Amendment 3 #
2011/2177(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that the ongoing fiscal consolidation across the EU may lead, through unprecedented cuts in most States' defence budgets, to substantial programme cuts, shrinkages or delays for almost all Member States, which could adversely affect the European defence industry and the European Union’s position at the cutting edge of scientific progress in this field;
Amendment 16 #
2011/2177(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses, particularly in view of present circumstances, the importance of the ‘security’ component of the Framework Programme for Research and Development, and calls for security research to continue to form a separate component of the next framework programme;
Amendment 23 #
2011/2177(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the absence of a common defence industrial policy has led to a deeper fragmentation of the defence market in terms of demand, regulations, standards and supply; recognises that a common defence industrial policy makes sense economically, but also threatens to undermine with a view to enhancing the European Union’s international role, while recognising the sovereignty of the individual sMember States; believes therefore that European defence industrial policy should promote multidimensional cooperation for the benefit of the EU, outlining the main industrial objectives, mapping the comparative advantages and strategic industrial sectors and emphasising the role of the EDA and NATO bodies in supporting cooperation among Member Statesuropean Defence Agency (EDA), which plays a leading part in defining a European industrial policy, and the North Atlantic Treaty Organisation (NATO);
Amendment 39 #
2011/2177(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the directives on procurement and transfers, which aim to increase competition and facilitate the circulation of defence-related products; calls on the Commission to support the defence industry’s manufacturing and technological base by introducing a Community preference procedure in view of the specificities of certain types of defence equipment in relation to which it is essential to maintain strategic autonomy and operational sovereignty; encourages, based on pooling and sharing initiatives, greater consolidation of demand through joint R&T projects or through bundling demand for shared capabilities taking into account the concerns of the defence industry; notes that on the supply side, less competitive companies that cannot implement an export-led growth strategy should pursue portfolio diversification, although some degree of supply consolidation is unavoidable.
Amendment 9 #
2011/2154(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that fraud is an example of purposeful wrongdoing and is a criminal offence, and that an irregularity is a failure to comply with a rule, and regrets that the European Commission’s report fails to consider fraud in detail and deals with irregularities very broadly; points out that Article 325 of the Treaty on the Functioning of the European Union (TFEU) relates to fraud, not irregularities, and calls for a distinction to be made between fraud and errors; calls for corruption to be tackled at the same time as fraud;
Amendment 15 #
2011/2107(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU and its Member States must provide themselves with the means to respond collectively to the major social, economic, environmental, demographic and ethical challenges facing the people of Europe, such as the ageing population, health, food supply, sustainable development, important ecological issues, etc, and whereas the solutions to these issues should provide an incentive to individuals to take more responsibility for their actions,
Amendment 35 #
2011/2107(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas better relations between the worlds of academia, research and industry are essential for the optimal conversion of research results into goods and services that will generate economic growth and benefits for society as a whole,
Amendment 43 #
2011/2107(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas under the ‘Europe 2020’ strategy research and innovation are a key factor in intelligent, sustainable and compassionate growth,
Amendment 50 #
2011/2107(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the European Commission Green Paper defining a Common Strategic Framework (CSF) for funding in research and innovation, and considers that the new CSF core should be the articulation of the EU and Member States’ research programmes and funding schemes;
Amendment 51 #
2011/2107(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for a concerted public and private effort at European and national levels to reach the Europe 2020 target of 3 % of gross domestic product (GDP) expenditure on R&D, to achieve the creation of the European Research Area and of an ‘Innovation Union’; calls on the EU institutions and the Member States to agree without further delay on a specific roadmap for achieving this target, and points to the massive economic commitment that this target would entail, amounting to around 130 billion Euro annually for both the EU and national budgets and twice as much for the private sector;
Amendment 65 #
2011/2107(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Draws attention to the importance of maintaining convergence policies, and asks the Commission to build stairways to excellence for those MS and regions that are underrepresented in the FP by developing appropriate instruments to intensify cooperation between MS with a strong participation and those with a weaker participation, and to substantially increase human capacity building and infrastructure in the latter; takes the view that Structural Funds should be deployed to their full extent to support capacity building in the regions through dedicated activities aimed at founding centres of excellences, modernising universities, purchase of scientific equipment, local technology transfer, support to start-ups and spin-offs, and local interaction between industry and academia; believes that this will allow a stairway of excellence to be developed, leading these regions to fully participate in the Common Strategic Framework for Research and Innovation, based on quality and excellence;
Amendment 67 #
2011/2107(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Draws attention to the importance of maintaining convergence policies, and asks the Commission to building stairways to excellence for those MS and regionember States that pare underrepresented in the FP byticipate less in the research and development framework programme and calls on the Commission to developing appropriate instruments to intensify cooperation between MS with a strong participation and those with a weaker participation, and to substantially increase human capacity building and infrastructure in the latter;
Amendment 107 #
2011/2107(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for a better articulation between local and regional, national and European research and innovation strategies, respecting the specificities of the different contexts and, at the same time, reinforcing the possibilities for complementarity and cooperation between them while avoiding unnecessary duplication and errors; believes that sharing information and results is of key importance here;
Amendment 116 #
2011/2107(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for an independent audit to be carried out, for example by the European Court of Auditors together with national courts of auditors, on the effectiveness of public expenditure on research undertaken by the Member States, the EU and local authorities;
Amendment 129 #
2011/2107(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that national and regional funds should contribute to the funding of ERC, Marie Curie or collaborative projects that meet the criteria of excellence but cannot be funded due to lack of European funds;
Amendment 130 #
2011/2107(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recommends that the Commission analyses the possibility of setting up an all-European common fund financed by the Structural Funds to promote collaborative European research;
Amendment 134 #
2011/2107(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is convinced that different tasks within the CSF should be tackled separately but in close articulationrelationship with each other: the European Institute of Technology (EIT) to operate mainly as a network of Knowledge and Innovation Communities (KICs) the Competitiveness and Innovation Framework Programme (CIP) to concentrate on its strength in supporting innovative SMEs and therefore not necessarily to be included in the next FP; the next FP to embrace research as a whole; and the structural/cohesion funds to be used in closer cooperation but kept separate; takes the view that collaborative projects should remain the backbone of the CSF;
Amendment 145 #
2011/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for clarification, simplification and reorganisation of the different EU programmes and instruments in existence, for a clear definition of the overall funding system, and for the EU research and innovation programmes budget for the next financial period to be doubled as of 2014 (excluding the budget devoted to Structural Funds and the EIB) as the appropriate response to the current economic crisis and to the great shared challenges; suggests, therefore, a new organisational model based on three different layers of funding aimed at stability and convergence:; recalls that standardization should be taken into account in addressing grand challenges and shaping priority areas of the CSF, but should not be a new separate instrument or activity;
Amendment 151 #
2011/2107(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for clarification, simplification and reorganisation of the different EU programmes and instruments in existence, for a clear definition of the overall funding system, and for the EU research and innovation programmes budget for the next financial period to be doubled as of 2014 (excluding the budget devoted to Structural Funds, agriculture and the EIB) as the appropriate response to the current economic crisis and to the great shared challenges; suggests, therefore, a new organisational model based on three different layers of funding aimed at stability and convergence:
Amendment 152 #
2011/2107(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for a clarification, simplification and reorganisation of the different EU programmes and instruments in existence; believes that a radical overhaul of the administration of the FP is one of the highest priorities to be tackled in designing the forthcoming CSF; invites the Commission to assess the effectiveness of each individual instrument, within each programme, towards the achievement of specific policy goals; calls for a reduction in the diversity of instruments whenever effectiveness or distinctive contribution is not clearly demonstrated;
Amendment 162 #
2011/2107(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. The funding scheme within this layer includes the funding provided through the EIT, the part of the FP concerning the Capacities Programme and Marie Curie initiatives, the European funding components of large-scale projects, access to loans by the EIB (covering projects over EUR 50 million), grants associated with the above-mentioned components of the FP, and cooperation with Structural Funds associated with infrastructure;
Amendment 176 #
2011/2107(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to fund large-scale projects, such as ITER, Galileo, SESAR and Global Monitoring for Environment and Security (GMES) outside the FP, creating autonomous budget lines for them, in order to guarantee a transparent and reliable financing structure; suggests that they should be partially funded through the issuing of project bonds by the EIB;
Amendment 198 #
2011/2107(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. The key words here are originalityscientific excellence, quality and potential of projects, and not only the possible marketed results;
Amendment 237 #
2011/2107(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises that particular attention should be devoted to SMEs’ involvement, in order to enable the exploitation of new ideas and opportunities in a flexible and effective way as they emerge, opening new avenues for innovation; stresses that a sector-specific definition of Small and Medium Enterprises (SMEs) is a prerequisite for their successful participation in the CSF; recalls that heavy administrative burdens lead to a decrease in participation of SME;
Amendment 248 #
2011/2107(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. The funding scheme within this layer is covered by EU funding associated with CIP, access to credit enhancement by the EIF and specific loans from the EIB (mainly covering projects under EUR 50 million), and cooperation with the Structural Funds associated with entrepreneurship; additionally, suggests the creation of a new funding instrument – the EU SME Bank – which should act in articulation with national contact points and financial institutions designated by the MSrecalls that the Risk Sharing Finance Facility (RSFF) has proven itself successfully as an instrument for innovation financing; believes that the RSFF should further be applied in such a way that a granting of funds at a small level is possible via national intermediates;
Amendment 252 #
2011/2107(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 258 #
2011/2107(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the ERA would greatly benefit from the creation of an EU SME Investment BankSME- specific action under the umbrella of EIB in order to reinforce the EU's innovation policy covering the missing link: the weak participation of SMEs in EU programmes;
Amendment 269 #
2011/2107(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the need to involve manufacturers more fully in the next Common Strategic Framework by providing substantial project funding from the EU budget, at rates of at least 50 %, depending on the technological maturity of the projects concerned;
Amendment 290 #
2011/2107(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Proposes that, for the period covered by Europe 2020, all or some of the significant increase in research appropriations required in order to consolidate the European Research Area be generated without raising taxes, by means of better burden-sharing and financial cooperation among the Member States, the EU and local authorities;
Amendment 316 #
2011/2107(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls for the Cooperation Programmecollaborative research to be kept at the heart of the FP, reinforcing collaborative transnational research;
Amendment 352 #
2011/2107(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for a balance to be kept between bottom-up (cooperative) and top-down projects (’great societal challenges’), as well as for smaller bottom-up projects to be facilitatedand bottom-up collaborative research to be facilitated; takes the view that lower entry barriers for cooperation projects would lead to a reinforcement of scientific capacity;
Amendment 369 #
2011/2107(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for an intensification of international cooperation through effective reinforcement of capacity building and the establishment of fair partnerships with developing countries in order better to tackle global challengeswith the strategic partners of the European Union in order better to tackle global challenges; recalls that an intensification of international cooperation is only effective when procedures are simplified and lead times for permit applications are significantly shortened;
Amendment 373 #
2011/2107(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for an intensification of international cooperation on a reciprocal basis and taking due account of Intellectual Property Rights (IPRs) through effective reinforcement of capacity building and the establishment of fair partnerships with developing countries in order better to tackle global challenges;
Amendment 378 #
2011/2107(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Noting the importance of security research, not only to enhance the defence capacities, but also to strengthen scientific and technological advances in this area, proposes that the Union, the Member States and the European Defence Agency will elaborate a future European research plan for technology and defence on the basis of Article 45(1)(d) of the EU Treaty, with a view to enhancing the industrial and technological base of the defence sector while at the same time improving the efficiency of military public spending; calls in the mean time for dual-use technologies to be promoted;
Amendment 2 #
2011/2067(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission’s first priority of giving a new impetus to flexicurity by strengthening its four components: flexible and reliable contractual arrangements, active labour- market policies, lifelong learning and training and modern social security systems;
Amendment 40 #
2011/2067(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission, pursuant to Article 152 of the Treaty on the Functioning of the European Union, to step up promotion of the role of management and labour in each industrial sector across Europe, while respecting their autonomy;
Amendment 42 #
2011/2067(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 1 #
2011/2043(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to the decision of the European Parliament and of the Council of 18 December 2006 concerning the 7th Framework Programme of the European Community (or European Union, since the Treaty of Lisbon) for research, technological development and demonstration activities (2007-2013)1 (FP7),
Amendment 2 #
2011/2043(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 3 #
2011/2043(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the conclusions of the Interim Evaluation of the Seventh Framework Programme for Research Activities (FP7), including the risk- sharing finance facility, by the 3074th EU Council meeting on competitiveness (Internal Market, Industry, Research and Space) of 9 March 2011,
Amendment 6 #
2011/2043(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of the European Defence Agency, which in Article 5(3.4.1) confers on the Agency the task of ‘promoting, in liaison with the Community’s research activities where appropriate, research aimed at fulfilling future defence and security capability requirements and thereby strengthening Europe’s industrial and technological potential in this domain’,
Amendment 7 #
2011/2043(INI)
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
– having regard to the opinion of the European Economic and Social Committee of 15 September 2010 on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Simplifying the implementation of the research framework programmes’,
Amendment 12 #
2011/2043(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Treaty of Lisbon makintroduces achievement of the European research area as a specific objectivemedium of European policy,
Amendment 14 #
2011/2043(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Innovation Union will be the strategic reference framework for research activities and funding programmes starting from 2011,
Amendment 16 #
2011/2043(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas ‘An Innovation Union’ affirms the need to develop a European innovation policy,
Amendment 17 #
2011/2043(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EU and its Member States must give themselves the means to respond jointly to the major societal challenges facing the peoples of Europe, such as demographic ageing, health, food supply, sustainable development, the major environmental challenges etc.,
Amendment 20 #
2011/2043(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas investment in RDI is the best possible long-term response to the current economic and financial crisis, enabling the EU to become a society with skills that are competitive at world level,
Amendment 22 #
2011/2043(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Europe is in competitiong with ‘Continent States’ (economic powers such as China, India, Brazil, Australia, United States of America, and Russia) but Europe is not a nation, rather a Union of States, and, and whereas our capacity to unite and coordinate our efforts, particularly in research, between the European Union and the Member States very largely determines our economic competitiveness, and hence the possibility of financing our social ambitions and meeting our environmental commitments,
Amendment 30 #
2011/2043(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas only a relatively low level of public investment in RDI is the subject of European cooperation,
Amendment 40 #
2011/2043(INI)
Motion for a resolution
Recital K
Recital K
K. whereas complexity of administrative management remains a major handicap for FP7, to the extent that its simplification is a major challenge for the future of the programme, and whereas many improvements that do not require a change of regulation can be made midway through the FP7 while respecting stability, general consistency and legal certainty, the basis for mutual trust between the parties involved;
Amendment 47 #
2011/2043(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the quality of the expert reports on the interim evaluation of FP7 and of the risk-sharing finance facility, covering the quality of activities, implementation and the results obtained, despite the general nature of the remit given to the expert groups; regrets, however, that the evaluation did not cover the overall picture made up of the actions of the Member States and those of the Union;
Amendment 49 #
2011/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Fails to understand the delay on the part of the Commission, which published its communication on 9 February 2011 although it had an obligation to do so no later than 2010, and regrets the weakness of the Commission communication in view of current challenges, particularly the current economic crisis situation, the sums remaining to be committed under the FP7 etc.;
Amendment 51 #
2011/2043(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to provide a more specific follow-up on the ten recommendations put forward in the experts’ reports;
Amendment 52 #
2011/2043(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines the relative nature of the conclusions drawn by the interim evaluation, seeing that the majority of FP7 funds have not yet been allocated, projects that have been initiated are still under way and others funded under the FP7 will run beyond its term;
Amendment 53 #
2011/2043(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission and the Member States to tighten up their methods of communication on the framework programmes, thus facilitating access to the information required for the participation of the various parties involved;
Amendment 57 #
2011/2043(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that the results achieved by FP7 do not demonstrate sufficient European added-value with regard to RDItend to show European added- value with regard to RDI; regrets, however, that the Commission has done little to inform the Member States, scientific communities and the European public in general about what has been achieved;
Amendment 65 #
2011/2043(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Deplores the lack of a method for evaluating how far projects funded by FP7 have advanced scientific knowledge;
Amendment 69 #
2011/2043(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the level of participation and excellence in project selection; regrets, however, that the success rate under this programme generally remains quite low and is a disincentive, particularly for SMEs, which play a particularly important role in capitalising on the developments in research and innovation within the framework programme;
Amendment 81 #
2011/2043(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that in order to increase the human resources dedicated to research and innovation in Europe, it is necessary to make professional careers in this field more attractive by eliminating administrative barriers and recognising merit and training time and work at any research centre; to this end, calls on the European Institutions to establish the criteria in order for universities or centres dedicated to research to implement a system which evaluates the researches' excellence and career;
Amendment 85 #
2011/2043(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Approves the strengthening of the ‘Cooperation’ chapter, which remains relevant given current scientific and technological challenges; stresses its role in developing RDI critical mass of a kind not achievable at national/regional level, thus demonstrating European added-value; recommends implementation of the ‘Future and Emerging Technologies’ scheme and extension of the use of ‘roadmaps’ to all thematic areas; asks for more flexibility in setting call themes and financial thresholds and ceilings, making a distinction between large and small projects, and stresses the importance of setting up the European Research Area, including its on-line version;
Amendment 92 #
2011/2043(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Proposes that research be accelerated, in line with the Europe 2020 Strategy priorities, in the sectors identified in the ‘Cooperation’ chapter of FP7: health, medicine, food, biotechnology, ICT, nanosciences and nanotechnologies, materials, pollution, energy (particularly intelligent networks), environment (including climate change, woods and forests), ecotechnologies, CO2 capture, transport, socio-economic sciences and humanities, space and security; water research should also be a priority;
Amendment 102 #
2011/2043(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes, in the ‘Ideas’ chapter, promising results obtained by the European Research Council (ERC) and its role aimed at enhancing the visibility and attractiveness of European research bodies; stresses, however, that the ERC alone cannot provide for all the needs of upstream research; regrets the lack of participation by industry in the ERC; stresses the need to make the ERC an independent legal entity with decision- making power, directly responsible for its own scientific strategy and administrative management;
Amendment 115 #
2011/2043(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports, within the framework of the ‘People’ chapter, the Marie Curie Actions, which are of great value to researchers in their career, and calls for its funding to be increased in view of its high success rate;
Amendment 118 #
2011/2043(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Voices concerns regarding the heterogeneous nature of the objectives of the ‘Capacities’ chapter and the difficulties that result, notably with regard to international cooperation and; considers that actions in favour of SMEs and innovative SMEs meet a real need, and calls on the Commission to maintain these actions and the budget associated with them, while taking steps to improve their implementation; considers, however, that the ERA- NET and ERA-NET+ ‘Infrastructure’ projects and the initiatives based on Article 185 fulfil their role aimed at structuring the European Research Area (ERA);
Amendment 120 #
2011/2043(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers that the ERA-Net scheme should be strengthened as a tool to support excellence and the development of criteria for quality indicators which constitutes the basis for the coordination between programmes or joint ventures; for this reason, believes that incentives should be given to programmes and joint projects which apply selection criteria based on the merit of the researchers and the quality of its scientific results;
Amendment 126 #
2011/2043(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that ‘Joint Technological Initiatives’ (JTIs) assist the competitiveness of European industry; regrets, however, the legal and administrative obstacles (legal personality, intellectual property, financial rules) and also the high operating costs specific to start-up ofwhich risk deterring a large number of key players in research and SMEs; regrets the high operating costs specific to start-up of JTIs; calls on the Member States to honour their budgetary commitments with regard to nationally co-funded JTIs; asks to be more closely involved in political control of these instruments;
Amendment 140 #
2011/2043(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to carry out an analysis to improve the link between European and national actions when the calls for proposals are formulated and also when the projects are evaluated; asks that calls for proposals, including those of July 2011, be issued in consultation with the Member States, not duplicating or competing with national initiatives but complementing them; suggests that FP7 should complement the efforts of actors managing national programmes involved in joint programming in order to move the RDFPs away from project management thinking towards programme management thinking, but without neglecting the management of small projects; asks that the last three years of FP7 be devoted to helping structure the European Research Area;
Amendment 144 #
2011/2043(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that in order to support the balanced development of the Joint Programming, the European Institutions should be committed to accept excellence criteria for the selection of projects and to draw up proposals for the evaluation of the results tailored to the characteristics of each sector;
Amendment 145 #
2011/2043(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for all the official documents on European research and innovation policies to be linked, in line with the global approach of the Europe 2020 Strategy;
Amendment 148 #
2011/2043(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Underlines the importance of the direct actions of the Joint Research Centre and their contribution to sustainable development, competitiveness and the security and safety of nuclear energy;
Amendment 149 #
2011/2043(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Stresses that, based on Art. 185 of the Treaty on the Functioning of the European Union (TFEU) and in order to avoid duplicity on research and innovation and to achieve a greater diffusion of the results, it would be necessary to strengthen the coordination tasks of the Commission inside the joint programming;
Amendment 159 #
2011/2043(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Proposes that an ambitious European research plan for technology and defence be adopted between the Union and, the Member States and receive significant initial financing from FP7 and the European Defence Agency on the basis of Article 45(d) of the EU Treaty, with a view to enhancing the industrial and technological base of the defence sector while at the same time improving the efficiency of military public spending;
Amendment 165 #
2011/2043(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes the hesitant progress seen with regard to women’s participation in the FP7; welcomes the Commission’s proposed follow-up measures and calls on the Member States to take specific steps in this direction;
Amendment 167 #
2011/2043(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls for the Commission and the Member States to take specific measures designed to increase the participation of young researchers in the framework programmes;
Amendment 175 #
2011/2043(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the results of FP7 in favour of SMEs, as regards both the 15% target set in the ‘Cooperation’ chapter and the ‘Eurostars’ programme; is of the opininon ethat better coordination between FP7 and the Structural Funds could facilitate the participation of under-represented Member Stateseless recommends launching more than one call per year for specific activities for SMEs, or launching a continuous call with several deadlines each year;
Amendment 184 #
2011/2043(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that one of the best qualities of the 7th Framework Programme is that there exists a sole management and coordination through the European Commission; therefore believes that it should only be possible to territorialise the structural funds, providing that the quality criteria established in the common programme are followed;
Amendment 189 #
2011/2043(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is of the opinion that better coordination between FP7 and the Structural Funds could facilitate the participation of under-represented Member States;
Amendment 195 #
2011/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 204 #
2011/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Proposes that research and development policies be territorialised, to express the territorial dimension as well as possible, synergies between research and development policy and the Structural Funds should be developed further;
Amendment 211 #
2011/2043(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the development of a stairway to excellence through dedicated actions in order to foster capacity building in research and innovation across Europe;
Amendment 222 #
2011/2043(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that the level of financing of FP7 mu, which is adequate and credible, must at least be maintained; and recalls that investment in RDI is long-term investment and is key to achieving the objectives of the Europe 2020 strategy;
Amendment 229 #
2011/2043(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recommends that the current instruments be adjusted to fit the specific mechanisms of innovation, with its time constraints and requirements for placing on the market;
Amendment 230 #
2011/2043(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that financing of research infrastructures should be better coordinated between FP7, EIB instruments, the Structural Funds and national and regional policies; endorses the recommendation by the expert group on the potential to be drawn from synergies between FP7 funds and cohesion policy, and welcomes the constitution of the Synergies Expert Group (SEG);
Amendment 235 #
2011/2043(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that financing of research infrastructures should include public or private funding, including the provision of laboratory equipment and instruments, as well as their maintenance;
Amendment 237 #
2011/2043(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Proposes that the concept demonstration phase be funded in future calls for projects under FP7 in the field of innovation ;
Amendment 238 #
2011/2043(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Considers that the beneficiaries of research infrastructure financing should clearly justify their role and their use of the equipment, laboratories and research or technical staff; to this end, believes that a monitoring and inspection system which verify compliance of the agreements should be created;
Amendment 241 #
2011/2043(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on Member States taking part in joint programming initiatives to honour their financial commitments;
Amendment 248 #
2011/2043(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. INotes that the ‘innovation’ aspect has become stronger in future work programmes; is of the opinion that commercialisation should be included in the parameters of future calls for projects under FP7 in the field of innovationand be one of the evaluation criteria in the field of innovation; calls on the Commission to start funding demonstration and pilot projects in FP7’s last few years;
Amendment 255 #
2011/2043(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Acknowledges that European Technology Platforms, ICT and PPPs contribute towards greater industry participation; supports consolidation of this approach in future EU programmes, as recommended by ‘Innovation Union’; reiterates the need to adopt rules on participation (particularly with regard to intellectual property) and attractive funding rates, to encourage SMEs to take part in JTIs and PPPs;
Amendment 260 #
2011/2043(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Is of the opinion that the key players in the value chain should be considered in future calls for projects under FP7 in the field of innovation;
Amendment 269 #
2011/2043(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that boosting the importance of research and innovation in Europe requires making every effort in order to attract private companies, foundations or non-profit organizations that participate in projects and will ensure mobility of technical researches between the public and private sector;
Amendment 272 #
2011/2043(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Proposes that in order to achieve better coordination of research among Member States, the Commission and the Council should draft a comparative study in order to conduct an approach of procedures for the simplification; in this regards, believes that it is necessary that each Member State identifies internal rules or laws that hinder international cooperation and financial management of projects involving partners from different states;
Amendment 283 #
2011/2043(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Asks the Commission to give Parliament clear and detailed information on the functioning of JTIs, stating in each case their legal status, the people who make up the governing board, and activities undertaken;
Amendment 285 #
2011/2043(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that the RSFF has acted as a decisive lever in both qualitative and quantitative terms in increasing investment in RDI at a moment of crisis when the banking sector was no longer in a position to play this role, its first years resulting in EUR 8 billion in loans, generating more than EUR 20 billion in investment;
Amendment 288 #
2011/2043(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that application of this innovative financial instrument be continued and intensified in FP8, since it contributes to improving access to finance and encouraging private investment and making more use of financial engineering to support innovation;
Amendment 17 #
2011/2019(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the EU should introduce ‘accreditation’ of national systems, and that national bodies dealing with EU funds should act on behalf of the Commission.
Amendment 17 #
2011/0460(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 19 #
2011/0460(NLE)
Proposal for a decision
Recital 1
Recital 1
(1) The Agreement on the Establishment of the ITER(international thermonuclear experimental reactor) International Fusion Energy Organizsation for the Joint Implementation of the ITER Project (hereinafter the "ITER Agreement") was signed on 21 November 2006 by the European Atomic Energy Community (Euratom), the People's Republic of China, the Republic of India, Japan, the Republic of Korea, the Russian Federation and the United States of America. The ITER Agreement establishes the ITER International Fusion Energy Organizsation (hereinafter the "ITER Organizsation"), which has full responsibility for constructing, operating, exploiting and de- activating the ITER facilities.
Amendment 49 #
2011/0460(NLE)
Proposal for a decision
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
The Commission shall submit a mid-term review of the progress of the 2014-2018 Supplementary Research Programme for the ITER project to the Council and to Parliament, for its opinion, before 30 June 2016.
Amendment 51 #
2011/0460(NLE)
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
The Commission shall take appropriate measures ensuring that, when actions financed under this Decision are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, where irregularities or errors are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and deterrent penalties.
Amendment 52 #
2011/0460(NLE)
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The European Parliament, the Commission or its representatives and the Court of Auditors shall have the power of audit, on the basis of documents and on- the-spot checks and inspections, over all grant beneficiaries, contractors, subcontractors and other third parties who have received Union funds under this Decision.
Amendment 53 #
2011/0460(NLE)
Proposal for a decision
Article 6 – paragraph 1 – subparagraph 4
Article 6 – paragraph 1 – subparagraph 4
Without prejudice to the first and second subparagraphs, cooperation agreements with third countries and international organisations, grant agreements, grant decisions and contracts resulting from the implementation of this Decision shall expressly empower the Commission, the Court of Auditors and the OLAF to conduct audits, on-the-spot checks and inspections. The results of the audits shall be forwarded to the European Parliament.
Amendment 57 #
2011/0438(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) Necessary legislative measures should be taken in view of the low level of participation by small and medium-sized enterprises (SMEs) in public procurement in general, and more particularly in the innovation and services sector. Several actions should be considered in this regard, such as compliance with the principle of non-discrimination, ensuring measures regarding the nationality of enterprises are neutral; account taken of the competitiveness of tenders; the introduction of preferential measures to help competitive SMEs. Monitoring and reporting measures should also be introduced to improve statistical monitoring by sector and by value of the public contracts awarded to SMEs, and to make contractors more aware of SMEs and the difficulties the latter experience in accessing the public procurement market.
Amendment 59 #
2011/0438(COD)
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) The importance of reciprocity in international trade needs to be reiterated together with the fact that the plurilateral Agreement on Government Procurement (GPA) plays a vital role in opening up public procurement (goods, services and construction contracts) to foreign competition and guarantees private tenderers transparent, fair and non- discriminatory conditions.
Amendment 158 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 3 – subparagraph 1a (new)
Article 54 – paragraph 3 – subparagraph 1a (new)
Contracting authorities may consider small and medium-sized enterprises.
Amendment 160 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
Article 55 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) where rules are such that they contravene the principle of trade reciprocity enabling any EU enterprise to tender in the public procurement market in the candidate or tenderer’s country of origin;
Amendment 134 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
3a. The contracting authority or the contracting entity shall exclude an economic operator established in a non- EU country from participating in a concession if, by virtue of legislation in the country in which it is established, economic operators established in the EU are prohibited from or restricted in applying for similar concessions.
Amendment 135 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 3 b (new)
Article 39 – paragraph 3 b (new)
3a. The contracting authority or the contracting entity may, on condition that it indicates it is doing so in the concession notice or documents, exclude an economic operator established in a non- EU country from participating in a concession if, by virtue of legislation in the country in which it is established, economic operators established in the EU are prohibited from or restricted in applying for similar concessions.
Amendment 144 #
2011/0437(COD)
Proposal for a directive
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
The modifications to Directives 89/665/EEC and 92/13/EEC shall be inserted into those texts at the latest by the time this Directive enters into force.
Amendment 178 #
2011/0402(CNS)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11 a) International cooperation is essential to achieve the stated aims of all parts of the specific programme, and international cooperation projects targeted at countries or groups of countries on horizontal or priority issues should be implemented under each part.
Amendment 239 #
2011/0402(CNS)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
1. TAfter receiving an opinion from Parliament and the Council, the Commission shall establish a European Research Council (“ERC”), which shall be the means of implementing the actions under the Part I “Excellent science” which relate to the specific objective “Strengthening Europe's science base in frontier research”. The European Research Council shall succeed the European Research Council set up by Decision 2007/134/EC.
Amendment 240 #
2011/0402(CNS)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall establish a European Research Council (“ERC”), which shall be the means of implementing the actions under the Part I “Excellent science” which relate to the specific objective “Strengthening Europe's science base in frontier research”. The European Research Council shall succeed the European Research Council set up by Decision 2007/134/EC.Does not affect English version
Amendment 241 #
2011/0402(CNS)
Proposal for a decision
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The President shall be appointed by the Commission following a recruitment process involving a dedicated search committee, for a term of office limited to four years, renewable once. The recruitment process and the candidate selected shall have the approval of the Scientific Council. The Commission, after receiving an opinion from the Scientific Council Parliament, and the Council, may dismiss the ERC President if he or she does not exercise his or her duties in the best interests of the European Union.
Amendment 249 #
2011/0402(CNS)
Proposal for a decision
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
The members of the Scientific Council shall be appointed by the Commission, following an independent and transparent procedure for their identification agreed with the Scientific Council, including a consultation of the scientific community and a report to the European Parliament and Council. Following an opinion from Parliament and the Council, the members of the Scientific Council may be dismissed if they do not exercise their duties in the best interests of the European Union.
Amendment 253 #
2011/0402(CNS)
Proposal for a decision
Article 7 – paragraph 2 – subparagraph 1 – point e
Article 7 – paragraph 2 – subparagraph 1 – point e
(e) a code of conduct addressing, inter alia, the avoidance of conflict of interests., and rules governing professional secrecy and communication issues;
Amendment 267 #
2011/0402(CNS)
Proposal for a decision
Article 13 – paragraph 1
Article 13 – paragraph 1
This Decision is addressed to the Member States and Parliament.
Amendment 329 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 1 – point 1.5 – paragraph 1
Annex 1 – point 1 – point 1.5 – paragraph 1
A key added value of research and innovation funded at the Union level is the possibility to disseminate and communicate results on a continent-wide scale to enhance their impact. Horizon 2020 will therefore include, under all of its specific objectives, dedicated support to dissemination (including through open access to research results), communication and dialogue actions, with a strong emphasis on communicating results to end- users, citizens, civil society organisations, industry and policy makers. To this extent, Horizon 2020 may make use of networks for information transfer. Communication activities undertaken in the context of Horizon 2020 will also seek to raise public awareness of the importance of research and innovation by means of publications, events, knowledge repositories, databases, websites or a targeted use of social media. Communication will be in the European Union’s name, and will seek to raise the profile of the ERC.
Amendment 335 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 2 – paragraph 2 – introductory part
Annex 1 – point 2 – paragraph 2 – introductory part
The focus of international cooperation in Horizon 2020 will be on cooperation with three major country groupings: industrialised and emerging economies, enlargement and neighbourhood countries and developing countries.
Amendment 336 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 2 – paragraph 2 – point 1
Annex 1 – point 2 – paragraph 2 – point 1
Amendment 338 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 2 – paragraph 2 – point 2
Annex 1 – point 2 – paragraph 2 – point 2
Amendment 341 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 2 – paragraph 2 – point 3
Annex 1 – point 2 – paragraph 2 – point 3
Amendment 342 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 2 – paragraph 3
Annex 1 – point 2 – paragraph 3
Amendment 348 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 2 – paragraph 5
Annex 1 – point 2 – paragraph 5
Amendment 350 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – point 2 – paragraph 6 – point a
Annex 1 – point 2 – paragraph 6 – point a
(a) The continuation and strengthening of the European and Developing Countries Clinical Trials Partnership (EDCTP2) on clinical trials for medical interventions against HIV, malaria and tuberculosis;
Amendment 391 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 1 – point 1.1 – paragraph 1 – point 3 – indent 2
Annex 1 – section 1 – point 1 – point 1.1 – paragraph 1 – point 3 – indent 2
– regularly report to the Commission, the European Parliament and the Council on its own activities.
Amendment 399 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 1 – point 1.3 – paragraph 1 – indent 3
Annex 1 – section 1 – point 1 – point 1.3 – paragraph 1 – indent 3
– appoint and dismiss the Director and the Senior Staff of the dedicated implementation structure taking into account the views of the Scientific Council;
Amendment 424 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 3 – point 3.3 – paragraph 2
Annex 1 – section 1 – point 3 – point 3.3 – paragraph 2
European funding will support short term exchanges of research and innovation staff within partnerships of universities, research institutions, businesses, SMEs and other socio-economic actors among Europe, as well as between Europe and third countries to reinforce international cooperation. Specific measures will be taken with a view to strengthening the research capacities of developing countries. It will be open to research and innovation staff at all career levels, from the most junior (post-graduate) to the most senior (management), including also administrative and technical staff.
Amendment 438 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.1 – introductory part
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.1 – introductory part
4.1.1. Developing new world-class research infrastructures
Amendment 444 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.1 – paragraph 2 – point c a (new)
Annex 1 – section 1 – point 4 – point 4.1 – point 4.1.1 – paragraph 2 – point c a (new)
(ca) the revamping phase (for example adaptation measures to ensure that existing infrastructures meet strategic needs more effectively)
Amendment 592 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – paragraph 3
Annex 1 – section 3 – point 1 – paragraph 3
An increasing disease and disability burden in the context of an aging population places further demands on health and care sectors. If effective health and care is to be maintained for all ages, efforts are required to improve decision making in prevention and, treatment provision, rehabilitation and retraining, to identify and support the dissemination of best practice in the healthcare sector, and to support integrated care and the uptake of technological, organisational and social innovations empowering older persons in particular to remain active and independent. Doing so will contribute to increasing, and lengthening the duration of their physical, social, and mental well- being.
Amendment 610 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.3 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.3 – paragraph 1
Human populations are under threat from new and emerging infections (including those resulting from climate change), from drug resistance to existing pathogens and from other direct and indirect consequences of climate change. Improved methods for surveillance, early warning networks, health service organisation and preparedness campaigns are needed for the modelling of epidemics, for effective pandemic response, for responses to non infectious disease consequences of climate change, as are efforts to maintain and enhance capabilities to combat drug resistant infectious disease. In order to face up to these global challenges, the EU will, in partnership with the countries concerned, implement measures aimed at achieving concrete results in health policy, improving health care services and supporting their own research capacity.
Amendment 620 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.6 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.6 – paragraph 1
An improved understanding of health, disease and disease processes at all ages is needed to develop new and more effective diagnostics. Innovative and existing technologies will be developed with the goal of significantly improving disease outcomes throughso that they can be adapted to different environmental and socio-economic conditions, with the goal of ensuring earlier, more accurate diagnosis and by allowing for more patient- adapted treatment.
Amendment 628 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.8 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.8 – paragraph 1
There is a need to support the improvement of cross-cutting support technologies for drugs, biotherapy, vaccines and other therapeutic approaches, including transplantation, gene and cell therapy, including inter-disciplinary approaches (e.g. biomathematics, bioinformatics and nuclear medicine); to increase success in the drug and vaccine development process (including alternative methods to replace classical safety and effectiveness testing e.g. the development of new methods); to develop regenerative medicine approaches, including approaches based on stem cells; to develop improved medical and assistive devices and systems; to maintain and enhance our ability to combat communicable, rare, major and chronic diseases and undertake medical interventions that depend on the availability of effective antimicrobial drugs; and to develop comprehensive approaches to treat co-morbidities at all ages and avoid poly-pharmacy. These improvements will facilitate the development of new, more efficient, effective and sustainable treatments for disease and for the management of disability.
Amendment 659 #
2011/0402(CNS)
Proposal for a decision
Annex 1 – section 3 – point 1 – point 1.16 – paragraph 1
Annex 1 – section 3 – point 1 – point 1.16 – paragraph 1
Support provided will cover the full spectrum of activities from capacity- building, knowledge and technology transfer to large (including health policy), implementation, monitoring and assessment of large-scale demonstration actions, leading to scalable solutions for European and beyond.
Amendment 222 #
2011/0401(COD)
Draft legislative resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the United Nations Convention on the Rights of Persons with Disabilities ratified by the European Union on 23 December 2010,
Amendment 258 #
2011/0401(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Given that the Commission intends to externalise the Union’s funding of research and innovation to a greater extent, the method by which it does so and the scope of the externalisation should be determined in accordance with the findings of an independent impact assessment evaluating all the advantages and disadvantages of the various forms of externalisation, including Joint Technology Initiatives (JTIs), partnership programme agreements and agencies such as the Research Executive Agency (REA), addressing the issues of cost, effectiveness, speed and quality, and drawing on the expertise of all the stakeholders in European research.
Amendment 261 #
2011/0401(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) The use of open calls with specific accelerated procedures should be extended to collaborative R&D in certain time-critical fields so as to ensure that research findings can be put to use more quickly.
Amendment 263 #
2011/0401(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In accordance with Article 182(1) TFEUof the Treaty on the Functioning of the European Union, the framework programme fixes the maximum overall amount and the detailed rules for Union financial participation in the framework programme and the respective shares in each of the activities provided for in Article 180 of the Treaty.
Amendment 305 #
2011/0401(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Each participant that has received Union funding should make its best efforts to exploit the results it owns in further research or commercially, or to have them exploited by another legal entity for these purposes, in particular through transfer and licensing of results in accordance with Article 41 of Regulation (EU) No xxxx/2012 [Rules for Participation]
Amendment 356 #
2011/0401(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Universities and research practicing organisations play a fundamental role within the scientific and technological base of the Union as basic institutions of excellence, both in training and research.
Amendment 367 #
2011/0401(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Horizon 2020 should promote cooperation with third countries based on common interest and mutual benefit. International cooperation in science, technology and innovation should be targeted to contribute to achieving the Europe 2020 objectives to strengthen competitiveness, contribute to tackling societal challenges and support Union external and development policies, including by developing synergies with external programmes and contributing to the Union's international commitments such as the achievement of Millennium Development Goals. Account should be taken, in international cooperation, of the capabilities and potential role of the outermost regions and overseas countries and territories within their respective areas of the world.
Amendment 391 #
2011/0401(COD)
Proposal for a regulation
Article 4
Article 4
Horizon 2020 shall play a central role in the delivery of the Europe 2020 strategy for smart, sustainable and inclusive growth by providing a common strategic framework for the Union's research and innovation funding, thus acting as a vehicle for leveraging public and private investment, creating new job opportunities and, ensuring Europe's long-term sustainable growth and competitiveness.
Amendment 392 #
2011/0401(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Horizon 2020 shall be run in cooperation with the Member States so as to ensure that research and innovation policies implemented in the Member States and by local authorities are complementary and offer European added value.
Amendment 410 #
2011/0401(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
Article 6 – paragraph 2 – subparagraph 1 – point b
(b) Industrial leadership : [EUR 230 280 000 000];
Amendment 414 #
2011/0401(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
Article 6 – paragraph 2 – subparagraph 1 – point c
(c) Societal challenges [EUR 325 888 000 000].
Amendment 418 #
2011/0401(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The maximum overall amount for the Union financial contribution from Horizon 2020 to the non-nuclear direct research actions of the Joint Research Centre shall be EUR 2212 million2.52%1 of the total Horizon 2020 budget, taking into account that the JRC budget is mainly based on fixed costs (staff and infrastructure). 1 The percentage is based on the financial allocation proposed by the Commission for Horizon 2020.
Amendment 441 #
2011/0401(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 451 #
2011/0401(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph -1 (new)
Article 7 – paragraph 1 – subparagraph -1 (new)
Horizon 2020 shall be open to participation by the overseas countries and territories referred to in Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (the ‘Overseas Association Decision’) subject to the specific conditions laid down therein.
Amendment 484 #
2011/0401(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Linkages and interfaces shall be implemented across and within the priorities of Horizon 2020. Particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies, to bridging from discovery to market application, to crosmulti-, inter- and trans- disciplinary research and innovation, to social and economic sciences and humanities, to mathematics, to fostering the functioning and achievement of the ERA, to cooperation with third countries, to responsible research and innovation including gender, and to enhancing the attractiveness of the research profession and to facilitating cross-border and cross- sector mobility of researchers.
Amendment 531 #
2011/0401(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Open Access Each participant that has received Union funding shall use its best efforts to exploit the results it owns in further research or commercially, or to have them exploited by another legal entity for these purposes, in particular through transfer and licensing of results in accordance with Article 41 of Regulation (EU) No xxxx/2012 [Rules for Participation and Dissemination]
Amendment 688 #
2011/0401(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Targeted actions with the objective of promoting cooperation with specific third countries or groups of third countries shall be implemented on the basis of common interest and mutual benefit, taking into account their scientific and technological capabilities and market opportunit. These actions shall include, in particular, research capacity building in developing countries and cooperation projects focusing on these countries’ specific needs in areas such as health – including research on neglected diseases – as well as agriculture, fisheries, and the expected impactnvironment, and implemented in financial conditions adapted to their capacities.
Amendment 693 #
2011/0401(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 3
Article 21 – paragraph 2 – subparagraph 3
Cooperation priorities shall take into account developments in Union policy and opportunities for cooperation with third countries, as well as possible deficiencies in third country intellectual property systems.
Amendment 712 #
2011/0401(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
(a) initiatives aimed at widening awareness and facilitating access to funding under Horizon 2020, in particular for those regions, overseas countries and territories or types of participant that are underrepresented;
Amendment 727 #
2011/0401(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. The post of ad hoc mediator shall be established, with responsibility for ensuring uniform interpretation of the rules. In the event of conflict about the interpretation of the rules or procedures, based for example on an independent re- audit produced by any interested party, the Commission may resolve the conflict through a compromise on the advice of the ad hoc mediator.
Amendment 752 #
2011/0401(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) Not later than end 2017, and taking into account the ex-post evaluation of the Seventh Framework Programme to be completed by the end of 2015 and the review of the European Institute of Innovation and Technology, the Commission shall carry out, with the assistance of independent experts, an interim evaluation of Horizon 2020, its specific programme, including the European Research Council, and the activities of the European Institute of Innovation and Technology, on the achievements (at the level of results and progress towards impacts) of the objectives of Horizon 2020 and continued relevance of all the measures, the efficiency and use of resources, the scope for further simplification, and Union added value. That evaluation shall also take into consideration aspects relating to access to funding opportunities for participants in all regions, for SMEs and for promoting gender balance. That evaluation shall additionally take into account the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth and results on the long- term impact of the predecessor measures. It shall be carried out in association with the Member States so as to ensure that research and innovation policies implemented in the Member States and by local authorities are complementary and offer European added value.
Amendment 846 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – broad lines of the specific objectives and activities – paragraph 16
Annex 1 – broad lines of the specific objectives and activities – paragraph 16
Social sciences and humanities shall be an integral part of the activities to address all the challenges. Human and social sciences are to be represented in programme committees and experts' groups in charge of project and programme evaluation in all topics. In addition, the underpinning development of these disciplines shall be supported under the specific objective ‘'Inclusive, innovative and secure societies’'. Likewise, a focus on gender and gender equality will be integrated in all challenges. Support will also focus on providing a strong evidence base for policy making at international, Union, national and regional levels. Given the global nature of many of the challenges, strategic cooperation with third countries shall be an integral part of each challenge. In addition, cross-cutting support for international cooperation shall be provided under the specific objective ‘'Inclusive, innovative and secure societies’'.
Amendment 857 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – broad lines of the specific objectives and activities – paragraph 17
Annex 1 – broad lines of the specific objectives and activities – paragraph 17
The specific objective ‘Inclusive, innovative and secure societies’ also includes an activity to close the research and innovation divide with specific measures to unlock excellence in associated overseas countries and territories and less developed regions of the Union.
Amendment 1073 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.1 – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.1 – paragraph 1
The specific objective of advanced materials research and innovation is to develop materials with new functionalities – or new materials for a given function – and improved in-service performance, for more accessible and competitive products that minimise the impact on the environment and the consumption of resources.
Amendment 1104 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point g – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.3 – point 1.3.3 – point g – paragraph 1
Identification of critical resources. Research and development to investigate alternatives to the use of materials and innovative business model approaches.
Amendment 1114 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.1 – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.1 – paragraph 1
The specific objective of biotechnology research and innovation is to develop competitive, sustainable and innovative industrial products and processes and contribute as an innovation driver in a number of European sectors like agriculture, food, the chemical sector, energy and health.
Amendment 1124 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.2 – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.4 – point 1.4.2 – paragraph 1
Powered by the expansion of the knowledge of living systems, biotechnology is set to deliver a stream of new applications and to strengthen the Union's industrial base and its innovation capacity. Examples of the rising importance of biotechnology are in industrial applications including bio- chemicals, of which the market share is estimated to increase by up to 12 %-20 % of chemical production by 2015. A number of the so-called twelve rules of Green Chemistry are also addressed by biotechnology, due to the selectivity and efficiency of bio-systems. The possible economic burdens for Union enterprises can be reduced by harnessing the potential of biotechnology processes and bio-based products to reduce CO2 emissions, estimated to range from between 1 to 2.5 billion tons CO2 equivalent per year by 2030. In Europe's biopharmaceutical sector, already some 20 % of the current medicines are derived from biotechnology, with up to 50 % of new medicines. Biotechnology also opens new avenues for exploiting the huge potential of marine resources for producing innovative industrial, health, chemical, energy-related and environmental applications. The emerging sector of marine (blue) biotechnology has been predicted to grow by 10 % a year.
Amendment 1160 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point c – introductory part
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point c – introductory part
(c) Sustainable, low-environmental-impact and low-carbon technologies in energy-intensive process industries
Amendment 1165 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point c – paragraph 1
Annex 1 – Part 2 – point 1 – point 1.5 – point 1.5.3 – point c – paragraph 1
Increasing the competitiveness of process industries, by drastically improving resource and energy efficiencies and reducing the environmental impact of such industrial activities through the whole value chain, promoting the adoption of low-carbon technologies including the integration of renewable forms of energy and smart advanced monitoring systems.
Amendment 1221 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 6
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 6
The start-up window, supporting the seed and early stages, shall enable equity investments in, amongst others, knowledge-transfer organisations, seed capital funds, cross-border seed and early- stage funds, business angel co-investment vehicles, intellectual property assets, platforms for the exchange and trading of intellectual property rights, and early-stage venture capital funds and funds of start-up funds for cross-border activities, possibly combined with the Equity Facility for Growth (EFG) of the Competitiveness and SME Programme.
Amendment 1224 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 7 a (new)
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 7 a (new)
In the light of the extremely difficult situation in the European venture capital market, and given the urgency involved, it ought to be possible to set up a fund of venture capital funds on a pilot basis by the start of the forthcoming 2014-2020 budgetary period.
Amendment 1225 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 7 b (new)
Annex 1 – Part 2 – point 2 – point 2.3 – point b – paragraph 7 b (new)
The Equity facility providing equity finance shall be operated in conjunction with the Equity Facility for Growth (EFG) of the Competitiveness and SME Programme as a single, integrated EU instrument to provide enterprises with venture capital funding for innovation and growth from the seed phase through to the growth phase.
Amendment 1287 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 5
Annex 1 – Part 3 – point 1 – point 1.1 – paragraph 5
In the Union, CVD annually accounts for more than 2 million deaths and costs the economy more than EUR 192 billion while cancer accounts for a quarter of all deaths and is the number one cause of death in people aged 45-64. Over 27 million people in the Union suffer from diabetes and the total cost of brain disorders (including, but not limited to those affecting mental health) has been estimated at EUR 800 billion. Environmental, life-style and socio-economic factors are relevant in several of these conditions with up to one third of the global disease burden estimated to be related to these. This figure will continue to rise dramatically – largely as result of Europe's ageing population and the associated increases in neurodegenerative diseases such as Parkinson's and Alzheimer's. However, for other conditions – in particular neurodegenerative diseases – effective prevention strategies will first require a considerable boost in research into their causes and the development of better early diagnosis and treatment options.
Amendment 1305 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.2 – paragraph 1
Annex 1 – Part 3 – point 1 – point 1.2 – paragraph 1
Disease and disability are not stopped by national borders. An appropriate European level research and innovation response in partnership with third countries can and should make a crucial contribution to addressing these global challenges, thereby working to achieve the Millennium Development Goals, deliver better health and wellbeing for all, and position Europe as a leader in the rapidly expanding global markets for health and wellbeing innovations.
Amendment 1311 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.2 – paragraph 2
Annex 1 – Part 3 – point 1 – point 1.2 – paragraph 2
The response depends on excellence in research to improve our fundamental understanding of health, disease, disability, development and ageing (including of life expectancy), and on the seamless and widespread translation of the resulting and existing knowledge into innovative, scalable and effective products, strategies, interventions and services. Furthermore, the pertinence of these challenges across Europe and in many cases, globally, demands a response characterised by long term and coordinated support for co- operation between excellent, multidisciplinary and multi-sector teams. globally, including research and development capacity in endemic areas. For this challenge as for others, the success in terms of innovation will depend upon a right balance between upstream research and support to applications. Collaborative research complements the exploratory research which is funded in the first pillar. Upstream Collaborative research is a strategic tool which must be funded in the same extent as clinical research in order to make Europe more competitive in the health industry
Amendment 1319 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 1
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 1
Effective health promotion, supported by a robust evidence base, prevents disease, improves wellbeing and is cost effective. Health promotion and disease prevention also depend on an understanding of the determinants of health, on effective preventive tools, such as vaccines, on effective health and disease surveillance and preparedness, and on effective screening programmes. The spa industry, which is a European speciality, should benefit from appropriate research focussed on prevention as well as on care and welfare.
Amendment 1334 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – section 3 – point 1 – point 1.3 – paragraph 3
Annex 1 – section 3 – point 1 – point 1.3 – paragraph 3
An increasing disease and disability burden in the context of an aging population places further demands on health and care sectors. If effective health and care is to be maintained for all ages, efforts are required to improve decision making in prevention and treatment provision, to identify and support the dissemination of best practice in the health and care sectors, and to support integrated care and the wide uptake of technological, organisational and social innovations empowering in particular older persons, persons with chronic diseases as well as disabled persons to remain active and independent. Doing so will contribute to increasing, and lengthening the duration of their physical, social, and mental well- being.
Amendment 1341 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 4
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 4
All of these activities shall be undertaken in such a way as to provide support throughout the research and innovation cycle, strengthening the competitiveness of the European based industries and development of new market opportunities. Emphasis will also be placed on engaging all health stakeholders – including patient and patient organisations– in order to develop a research and innovation agenda that actively involves citizens and reflects their needs and expectations.
Amendment 1350 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 5
Annex 1 – Part 3 – point 1 – point 1.3 – paragraph 5
«« Specific activities shall include: understanding the determinants of health (including environmental and climate related factors), improving health promotion and disease prevention; understanding disease and improving diagnosis in different socio-economic contexts; developing effective screening programmes and improving the assessment of disease susceptibility; improving the surveillance and preparednesof infectious diseases in the Union as well as in neighbouring and developing countries and preparedness for combating epidemics and emerging diseases; developing better preventive vaccines; using in-silico medicine for improving disease management and prediction; treating disease; transferring knowledge to clinical practice and scalable innovation actions; better use of health data; active ageing, independent and assisted living; individual empowerment for self-management of health; promotion of integrated care; improving scientific tools and methods to support policy making and regulatory needs; and optimising the efficiency and effectiveness of healthcare systems and reducing inequalities by evidence based decision making and dissemination of best practice, and innovative technologies and approaches.
Amendment 1360 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – introductory part
Annex 1 – Part 3 – point 2 – introductory part
2. FEuropean bioeconomy challenges : food security, sustainable agriculture, forestry, marine and, maritime research and the bio- economyand freshwater research
Amendment 1385 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.2 – paragraph 2
Annex 1 – Part 3 – point 2 – point 2.2 – paragraph 2
A fully functional European bio-economy – encompassing the sustainable production of renewable resources from land and aquaticterrestrial, marine and freshwater environments and their conversion into food, bio-based products and bioenergy as well as the related public goods - will generate high European added value. Managed in a sustainable manner, it can reduce the environmental footprint of primary production and the supply chain as a whole. It can increase their competitiveness and provide jobs and business opportunities for rural and coastal development. The food security, sustainable agriculture, and overall bio- economy – related challenges are of a European and global nature. Actions at Union level are essential to bring together clusters to achieve the necessary breadth and critical mass to complement efforts made by a single or groups of Member States. A multi-actor approach will ensure the necessary cross-fertilising interactions between researcher, businesses, farmers/producers, advisors and end-users. The Union level is also necessary to ensure coherence in addressing this challenge across sectors and with strong links to relevant Union policies. Coordination of research and innovation at Union level will stimulate and help to accelerate the required changes across the Union.
Amendment 1398 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.3 – point a – paragraph 1
Annex 1 – Part 3 – point 2 – point 2.3 – point a – paragraph 1
The aim is to supply sufficient food, feed, biomass and other raw-materials, while safeguarding natural resources, such as water and soil, and preserving and enhancing ecosystems services, including coping with and mitigating climate change. The activities shall focus on delivering more sustainable and productive agriculture, including animal husbandry, and forestry systems which are both resource- efficient (including low-carbon and water) and resilient, while at the same time and produce less waste. Furthermore, the activities shall focus on developing of services, concepts and policies for thriving rural livelihoods and encouraging sustainable consumption. In particular for forestry, the aim is to sustainably produce bio- based products, ecosystems services and sufficient biomass, with due consideration to economical, ecological and social aspects of forestry. Activities will focus on the further development of production and sustainability of resource efficient forestry systems which are instrumental in the strengthening of forest resilience and biodiversity protection, and which can meet increased biomass demand. Forest- associated services such as water purification, biodiversity maintenance (including natural enemies of agricultural pests) or cultural issues should also be considered.
Amendment 1420 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 2 – point 2.3 – point c – paragraph 1
Annex 1 – Part 3 – point 2 – point 2.3 – point c – paragraph 1
The aim is to sustainably exploitmanage aquatic living resources to maximise social and economic benefits/returns from Europe's oceans and sea, seas and inland waters. The activities shall focus on an optimal contribution to secure food supplies by developing sustainable and environmentally friendly fisheries and competitive, sustainable management of ecosystems providing goods and services, competitive as well as environmentally friendly European aquaculture in the context of the global economy and on boosting marine and maritime innovation through biotechnology to fuel smart ‘"blue’ growth" growth. Cross-cutting marine, freshwater and maritime scientific and technological knowledge will be addressed with a view to unlock the potential of the seas and inland waters across the range of marine and maritime industries, while protecting the environment and adapting to climate change. .
Amendment 1457 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 4
Annex 1 – Part 3 – point 3 – point 3.1 – paragraph 4
To achieve these reductions, significant investments need to be made in research, development, demonstration and market roll-out of efficient, safe and reliable low- carbon energy technologies and services. These must go hand in hand with non- technological solutions on both the supply and demand sides. All this must be part of an integrated low-carbon policy, including mastering key enabling technologies, in particular ICT solutions and advanced manufacturing, processing and materials. The goal is to produce efficient energy technologies and services that can help take up the energy challenges relating in particular to the integration of renewable energies and can be taken up widely on European and international markets and to establish intelligent demand-side management based on an open and transparent energy trade market and intelligent energy efficiency management systems.
Amendment 1483 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 8
Annex 1 – Part 3 – point 3 – point 3.2 – paragraph 8
Research and innovation activities on nuclear fission and fusion energy are carried out in the EURATOM part of Horizon 20200, but there must be coordination with action on energy challenges in order to foster synergies between the two programmes and establish a comprehensive and coherent roadmap for European R&D in the area of energy.
Amendment 1490 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point a – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point a – paragraph 1
Activities shall focus on research and full- scale testing of new concepts, non- technological solutions, more efficient, socially acceptable and affordable technology components and systems with in-built intelligence, to allow real-time energy management for cities and territories, near-zero-emission buildings, renovated buildings, renewable heating and cooling (including energy produced through waste recovery), highly efficient industries and mass take-up of energy efficiency solutions by companies, individuals, communities and cities.
Amendment 1502 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point b – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point b – paragraph 1
Activities shall focus on research, development and full scale demonstration - of innovative renewables and carbon capture and storage and reuse technologies offering larger scale, lower cost, environmentally safe technologies with higher conversion efficiency and higher availability for different market and operating environments.
Amendment 1508 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point c – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point c – paragraph 1
Activities shall focus on research, development and full scale demonstration of technologies and value chains to make bio-energy, hydrogen and other alternative liquid or gaseous fuels more competitive and sustainable, to reduce time to market for hydrogen and fuel cells and to bring new options showing long-term potential to maturity.
Amendment 1513 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point d – introductory part
Annex 1 – Part 3 – point 3 – point 3.3 – point d – introductory part
(d) A single, flexible, reliable and smart European electricitnergy grid
Amendment 1522 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point d – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point d – paragraph 1
Activities shall focus on research, development and full scale demonstration of new grid technologies, including storage, systems and market designs to plan, monitor, control and safely operate interoperable and flexible networks in an open, decarbonised, climate resilient and competitive market, under normal and emergency conditions.
Amendment 1527 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point e – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point e – paragraph 1
Activities shall focus on multi-disciplinary research for energy technologies for exploration, production, transmission and utilisation (including visionary actions such as CO2 recovery) and joint implementation of pan-European research programmes and world-class facilities.
Amendment 1529 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 3 – point 3.3 – point f – paragraph 1
Annex 1 – Part 3 – point 3 – point 3.3 – point f – paragraph 1
Activities shall focus on the development of tools, methods and models and forward- looking scenarios for a robust and transparent policy support, including activities on public acceptance and engagement, user involvement, environmental impact assessment and sustainability.
Amendment 1557 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 1
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 1
Transport is a major driver of Europe's economic competitiveness and growth. It ensures the mobility of people and goods necessary for an integrated European single market and an open and inclusive society. It represents one of Europe's greatest assets in terms of industrial capability and quality of service, playing a leading role in many world markets. Transport industry and transport equipment manufacturing together represent 6.3 alone represent 6.3 % of the Union's GDP. However, the transport sector's overall contribution to the EU economy is much greater, given that trade in goods, which accounts for almost 30% of the Union'’s GDP, many services and workers who travel as part of their jobs depend entirely on efficient transport. The contribution transport makes to society by connecting people is also important, but difficult to quantify, and is fundamental to freedom of movement in Europe. At the same time, the European transport industry faces increasingly fierce competition from other parts of the world. Breakthrough technologies will be required to secure Europe's future competitive edge and to mitigate the drawbacks of our current transport system.
Amendment 1563 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 3
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 3
Amendment 1570 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 5
Annex 1 – Part 3 – point 4 – point 4.2 – paragraph 5
The problems of pollution, congestion, safety and security are common throughout the Union and call for collaborative Europe-wide responses. Accelerating the development and deployment of new technologies and innovative solutions for vehicles, infrastructures and transport management will be key to achieve a cleaner, safe, accessible and more efficient transport system in the Union; to deliver the results necessary to mitigate climate change and improve resource efficiency; to maintain European leadership on the world markets for transport related products and services. These objectives cannot be achieved through fragmented national efforts alone.
Amendment 1577 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.3 – point a – paragraph 1
Annex 1 – Part 3 – point 4 – point 4.3 – point a – paragraph 1
The aim is to minimise transport's impact on climate and the environment by improving its efficiency in the use of natural resources, and by reducing its dependence on fossil fuelgreenhouse gas emissions.
Amendment 1590 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 4 – point 4.3 – point b – paragraph 2
Annex 1 – Part 3 – point 4 – point 4.3 – point b – paragraph 2
The focus of activities shall be to reduce congestion, improve accessibility and match user needs by promoting integrated door-to-door transport and logistics; to enhance inter-modality and the deployment of smart planning and management solutions; and to drastically reduce the occurrence of accidents and the impact of security threats (safety and global management of connected vehicles).
Amendment 1601 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 1
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 1
The specific objective is to achieve a resource - and water- efficient and climate change resilient economy and society, protection of the environment and a sustainable supply of raw materials and ecosystem services, in order to meet the needs of a growing global population within the sustainable limits of the planet's natural resources and ecosystems. Activities will contribute to increasing European competitiveness, raw materials security and improving well being, whilst assuring environmental integrity, resilience and sustainability, with the aim of keeping average global warming below 2 °C and enabling ecosystems and society to adapt to climate change. and other environmental changes
Amendment 1612 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 4
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 4
The growing impacts from climate change and environmental problems, such as ocean acidification, ice melting in the Arctic, land degradation and use, water shortagchanges in ocean circulation, increase of seawater temperature, ice melting in the Arctic and decreased seawater salinity, land degradation and use, water shortages, hydrological anomalies, rainfall temporal and spatial heterogeneity, changes in spatial distribution of species, chemical pollution and biodiversity loss, indicate that the planet is approaching its sustainability boundaries. For example, without improvements in efficiency, water demand is projected to overshoot supply by 40 % in 20 years time. Forests are disappearing at an alarmingly high rate of 5 million hectares per year. Interactions between resources can cause systemic risks – with the depletion of one resource generating an irreversible tipping point for other resources and ecosystems. Based on current trends, the equivalent of more than two planet Earths will be needed by 2050 to support the growing global population.
Amendment 1619 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 5
Annex 1 – Part 3 – point 5 – point 5.1 – paragraph 5
The sustainable supply and resource efficient management of raw materials, including their exploration, extraction, processing, re-use, recycling and substitution, is essential for the functioning of modern societies and their economies. European sectors, such as construction, chemicals, automotive, aerospace, machinery and equipment, which provide a total added value of some EUR 1.3 trillion and employment for approximately 30 million people, heavily depend on access to raw materials and energy. However, the supply of raw materials to the Union is coming under increasing pressure. Furthermore, the Union is highly dependent on imports of strategically important raw materials, which are being affected at an alarming rate by market distortions. Moreover, the Union still has valuable mineral deposits, whose exploration and extraction is limited by a lack of adequate technologies and hampered by increased global competition. Given the importance of raw materials for European competitiveness, the economy and for their application in innovative products, the sustainable supply and resource efficient management of raw materials is a vital priority for the Union.
Amendment 1623 #
2011/0401(COD)
Proposal for a regulation
Annex 1 – Part 3 – point 5 – point 5.2 – paragraph 1
Annex 1 – Part 3 – point 5 – point 5.2 – paragraph 1
Meeting Union and international targets for greenhouse gas emissions and concentrations and coping with climate change impacts requires a transition towards a low-carbon society and the development and deployment of cost- effective technologies, and mitigation and adaptation measures, and a stronger understanding of societal responses to these challenges, including the identification of economical and societal locks. Union and global policy frameworks must ensure that ecosystems and biodiversity are protected, valued and appropriately managed and eventually restored in order to preserve their ability to provide resources and services in the future. Research and innovation can help secure reliable and sustainable access to raw materialsand exploitation of raw materials on land and sea bed and ensure a significant reduction in resource use and wastage.
Amendment 56 #
2011/0400(NLE)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. ApprovEndorses the Commission proposal as amended;
Amendment 66 #
2011/0400(NLE)
Proposal for a regulation
Recital 4
Recital 4
(4) Notwithstanding the potential impact of nuclear energy on energy supply and economic development, severe nuclear accidents may have the potential to endanger human health. Therefore, nuclear safety and, where appropriate, – as part of the work of the Joint Research Centre (JRC) – security aspects should be given the greatest possible attention in the Euratom Research and Training Programme.
Amendment 75 #
2011/0400(NLE)
Proposal for a regulation
Recital 8
Recital 8
(8) The Joint Research Centre (JRC) should continue to provide independent customer-driven scientific and technological support for the formulation, development, implementation and monitoring of Community policies, in particular in the field of nuclear safety and security research and training. It must make this contribution subject to guidelines to be adopted by the EU institutions, particularly in the light of the stress tests on nuclear power plants.
Amendment 77 #
2011/0400(NLE)
Proposal for a regulation
Recital 10
Recital 10
(10) While it is for each Member State to choose whether or not to make use of nuclear power, the role of the Union is to develop, in the interest of all its Member States, a framework to support joint cutting-edge research, knowledge creation and knowledge preservation on nuclear fission technologies, with special emphasis on safety, security, radiation protection and non-proliferation. That requires independent scientific evidence, to which the JRC can make a key contribution. That has been recognised in the Commission Communication ‘Europe 2020 Flagship Initiative Innovation Union’, in which the Commission stated its intention to strengthen scientific evidence for policy making through the JRC. The JRC proposes to respond to that challenge by focusing its nuclear safety and security research on the Union's policy priorities. The precise nature of this research must be determined subject to guidelines to be adopted by the EU institutions, particularly in the light of the stress tests on nuclear power plants.
Amendment 78 #
2011/0400(NLE)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Because Europe’s citizens must remain at the core of the EU-level discussions, the European Parliament should be more broadly involved in the deliberations and the decisions taken about the Research and Training Programme of the European Atomic Energy Community.
Amendment 79 #
2011/0400(NLE)
Proposal for a regulation
Recital 11
Recital 11
(11) With the aim of deepening the relationship between science and society and reinforcing public confidence in science, the Euratom Programme should favour an informed engagement of citizens and civil society on research and innovation matters by promoting science education, by making scientific knowledge more accessible, by developing responsible research and innovation agendas that meet citizens'‘ and civil society's concerns and expectations and by facilitating their participation in the Euratom programme activities. This informed engagement by citizens on matters connected with the Euratom programme implies closer involvement of the European Parliament, which represents Europe’s citizens.
Amendment 84 #
2011/0400(NLE)
Proposal for a regulation
Recital 25
Recital 25
(25) Article 7 of the Euratom Treaty entrusts the Commission with the responsibility of carrying out the Euratom Programme. For the purposes of implementing the Euratom Programme, except its direct actions, the Commission should be assisted by a consultative committee of Member States to ensure appropriate coordination with national policies in the areas covered by this research and training programme. The European Parliament should be involved in the Commission’s implementation of the programme.
Amendment 86 #
2011/0400(NLE)
Proposal for a regulation
Recital 26
Recital 26
(26) Achievement of the Euratom Programme’s objectives in relevant areas requires support for cross-cutting activities, both within the Euratom Programme and jointly with the activities of the ‘Horizon 2020’ Framework Programme. This complementarity is in itself sufficient justification for closer European Parliament involvement in Euratom activities.
Amendment 87 #
2011/0400(NLE)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes the Research and Training Programme for the period from 1 January 2014 to 31 December 2018, hereinafter the ‘Euratom Programme’, and lays down the rules for participation in that programme, including the participation in programmes of funding bodies managing the funds granted in accordance with this Regulation and in activities conducted jointly under this Regulation and under the ‘Horizon 2020’ Framework Programme established in Regulation (EU) XX/XXX (hereinafter ‘Horizon 2020’). The Euratom programme will be extended so as to run concurrently with the ‘Horizon 2020’ Framework Programme.
Amendment 94 #
2011/0400(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) fostersupport R&D in the field of radiation protection;
Amendment 101 #
2011/0400(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) promote innovation and industrial competitiveness, particularly by supporting future fusion and fission reactor systems;
Amendment 108 #
2011/0400(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
The financial envelope for the implementation of the Euratom Programme shall be EUR [1 788.889974.319] million. That amount shall be distributed as follows:
Amendment 110 #
2011/0400(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point a
Article 4 – paragraph 1 – subparagraph 1 – point a
(a) indirect actions for the fusion research and development programme, EUR 709.713[750] million;,
Amendment 113 #
2011/0400(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) indirect actions for nuclear fission, safety and radiation protection, EUR 354.857[500] million;,
Amendment 116 #
2011/0400(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
For the implementation of indirect actions of the Euratom Programme, no more than 13.58% shall be for the Commission’s administrative expenditure.
Amendment 128 #
2011/0400(NLE)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
That multi-annual work programme shall alsbe submitted to the JRC Board of Governors and presented to the Council and Parliament. It shall be required to take account of relevant research activities carried out by the Member States, associated countries and European and international organisations. They, so as to avoid any waste of research effort in Europe and to make best use of the financial resources. It shall be updated as and where appropriate.
Amendment 129 #
2011/0400(NLE)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 132 #
2011/0400(NLE)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the European Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, where irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and deterrent penalties. The European Parliament shall be informed of such measures.
Amendment 133 #
2011/0400(NLE)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
2. The Commission or its representatives, the European Parliament and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot checks and inspections, over all grant beneficiaries, contractors, subcontractors and other third parties who have received Union funds under this Regulation.
Amendment 134 #
2011/0400(NLE)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Without prejudice to the paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, grant agreements, grant decisions and contracts resulting from the implementation of this Regulation shall expressly empower the Commission, the Court of Auditors and the OLAF to conduct audits, on-the-spot checks and inspections. The European Parliament shall be informed of the result of such audits without delay.
Amendment 136 #
2011/0400(NLE)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall provide the Commission and the European Parliament with data and information necessary for the monitoring and evaluation of the measures concerned.
Amendment 141 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 2 – point 2.1 – point d – introductory part
Annex I – part 2 – point 2.1 – point d – introductory part
(d) FosterSupport R&D in the field of radiation protection (Excellent science; Societal challenges)
Amendment 147 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 2 – point 2.2 – paragraph 1
Annex I – part 2 – point 2.2 – paragraph 1
The nuclear activities of the JRC shall aim to support the implementation of Council Directives 2009/71/Euratom and 2011/70/Euratom, as well as Council Conclusions giving priority to the highest standards for nuclear safety and security in the Union and internationally. The JRC shall notably mobilise the necessary capacity and expertise in order to contribute to assess and improve the safetyR&D in the field of nuclear installations safety and the peaceful use of nuclear energy and other non fission applications, to provide a scientific basis to relevant Union legislation and, where necessary, to react within the limits of its mission and competence to nuclear incidents and accidents. To that effect, the JRC shall carry out research and assessments, provide references and standards and deliver dedicated training and education. Synergies with the Sustainable Nuclear Energy Technology Platform (SNETP) and other cross-cutting initiatives will be sought as appropriat matter of necessity, in order to optimise the human and financial resources for nuclear R&D in Europe.
Amendment 148 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 2 – point 2.2 – point a – introductory part
Annex I – part 2 – point 2.2 – point a – introductory part
The JRC, in close cooperation with the relevant research bodies in the EU, shall contribute to the development of tools and methods to achieve high safety standards for nuclear power reactors and fuel cycles relevant to Europe. Those tools and methods shall include:
Amendment 149 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 2 – point 2.2 – point a – point 1
Annex I – part 2 – point 2.2 – point a – point 1
(1) severe accident analyses modelling and methodologies for assessment of nuclear installations operational safety margins; support to the establishment of a common European approach to the evaluation of advanced fuel cycles and designs; and investigation and dissemination of the lessons learnt from the operational experience. The JRC shall fpurther reinforce itssue the work of the 'European Clearinghouse on NPP Operational Experience Feedback' to respond to the emerging post-Fukushima nuclear safety challenges, continuing to draw on relevant expertise in the Member States.
Amendment 150 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 2 – point 2.2 – point a – point 2 a (new)
Annex I – part 2 – point 2.2 – point a – point 2 a (new)
(2a) decommissioning and dismantling are promising market areas, given the relevant scientific advances and safety imperatives. The EU must acquire the best possible technologies for this work, which will involve increasingly sophisticated techniques (such as underwater cutting, laser cutting and state-of-the-art robots to eliminate human intervention).
Amendment 152 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 2 – point 2.2 – point a – point 3
Annex I – part 2 – point 2.2 – point a – point 3
(3) strengthening Union capacity to respond to nuclear accidents and incidents by further development of alert systems and models for radiological dispersion in the air, andexchanges with the Member State bodies responsible for managing nuclear accidents and incidents, particularly by mobilising resources and expertise for analysing and modelling nuclear accidents and providing relevant technical support.
Amendment 154 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 2 – point 2.2 – point e – paragraph 1
Annex I – part 2 – point 2.2 – point e – paragraph 1
JRC shall foster its competence in order to provide the independent scientific and technical evidence necessary to support the evolving Union legislation on nuclear safety and security. The precise nature of this research must be determined subject to guidelines to be adopted by the EU institutions, particularly in the light of the stress tests on nuclear power plants.
Amendment 156 #
2011/0400(NLE)
Proposal for a regulation
Annex I – part 4 – paragraph 2 a (new)
Annex I – part 4 – paragraph 2 a (new)
Basic research that is potentially applicable not only in nuclear-related fields but also in other research sectors covered by Horizon 2020 will be eligible for ERC programme funding.
Amendment 180 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'action' means project;
Amendment 183 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'background’' means any data, know- how and/or information whatever their form or nature as well as any rights such as intellectual property rights which are (i) held by participants prior to their accession to the action and (ii) identified by the participants in accordance with Article 42or the application for which has been filed before their accession to the action, and (ii) identified by the participants in accordance with Article 42; and (iii) and which is needed for carrying out the indirect action or for using the results of the indirect action;
Amendment 190 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) 'call for proposals' means an announcement inviting proposals for research.
Amendment 191 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) 'needed access' means: in the context of the implementation of the action the access is needed if, without the grant of access rights to results or background, carrying out the tasks assigned to the recipient participant would be impossible, significantly delayed, or require significant additional financial or human resources; in the context of exploitation of results the access is needed if, without the grant of access rights to results or background, the exploitation of results would be technically or legally impossible.
Amendment 192 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) 'consortium' means group of participants who agree to work together to submit a proposal and potentially work in an action. A consortium is made up of a coordinator and action partners.
Amendment 194 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) 'coordinator' leads and represents the consortium and the proposal/project, acting as the point of contact to the Commission.
Amendment 212 #
2011/0399(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) 'results‘' means any data, knowledge, and information, artefacts and other tangible outputs, whatever their form or nature, whether or not they can be protected, which are generated in the action as well as any attached rights, including intellectual property rights; such as copyright; design rights; patent rights; plant variety rights or similar forms of protection; but excluding data, knowledge and information that are generated by a participant in connection with a specific action but do not come within the objectives of that specific action and are not needed in order to implement the specific project or exploit the results obtained.
Amendment 231 #
2011/0399(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Article 4 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to Article 3, the Commission shall, upon request, make available to the Union institutions and bodies, any Member State or associated country, any useful information in its possession on results of a participant that has received Union funding and before disseminating information, the Commission shall systematically ask the opinion of the participant concerned, provided that both the following conditions are met:
Amendment 234 #
2011/0399(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b
Article 4 – paragraph 1 – subparagraph 1 – point b
(b) upon prior notice of the intended communication by the Commission, the participants have not provided sound and sufficient reasons for withholding the information concerned.
Amendment 241 #
2011/0399(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall ensure the following: (a) the provision of information pursuant to paragraph 1 shall not be deemed to transfer to the recipient any rights or obligations of the Commission or of the participants. However,, (b) the recipient shall treat any such information as confidential unless it becomes public or is made available publicly by the participants, or unless it was communicated to the Commission without restrictions concerning confidentiality. T, and that (c) the Commission rules on security shall apply regarding classified information.
Amendment 252 #
2011/0399(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Participation by legal entities established in third countries in the Horizon 2020 framework programme or parts thereof shall be subject to the principle of reciprocity, in accordance with which legal entities established in the EU may participate in research and innovation programmes initiated by those countries.
Amendment 269 #
2011/0399(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the participation is deemed essential for carrying out the action by the Commission or the relevant funding body, following consultation of the European Parliament and the Council;
Amendment 276 #
2011/0399(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Legal entities receiving funding from the Union shall conclude a grant agreement with the Union or the relevant funding body. That grant agreement shall include the description of work to be done by those participants and by the participating legal entities from the third countries involved and framework conditions notably on access rights, exploitation and dissemination.
Amendment 281 #
2011/0399(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where appropriate, pProposals shall include a draft plan for the exploitation and dissemination of the results. Where appropriate, the work programme or work plan shall explicitly mention that no draft plan is needed.
Amendment 293 #
2011/0399(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
Amendment 294 #
Amendment 296 #
2011/0399(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall systematically carry out ethics reviews for proposals raising ethical issues. This review shall verify the respect of ethical principles and legislation and, in the case of research carried out outside the Union, that the same research would have been allowed in a Member State. When relevant, the Commission should also systematically carry out gender reviews for proposals, using a template with a check list, particularly for those dealing with human beings as either subjects or users.
Amendment 310 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Selection criteria and their weight shall be defined in the work programme or work plan and their use shall be adapted to Horizon 2020 priorities.
Amendment 316 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The criterion of impact shall be given the highest weighting for proposals under priority « Industrial Leadership ».
Amendment 318 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The work programme or work plan shall lay down further details of the application of the award criteria laid down in paragraph 1, and specify sub-criteria, weightings and thresholds. Evaluation shall ensure gender equality and non- discrimination.
Amendment 329 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission or the relevant funding body shall verify the financial capacity in advance only for coordinators when the requested funding from the Union for the actionparticipant is equal or superior to EUR 500 000, unless where, on the basis of available information, there are grounds to doubt the financial capacity of the coordinator or other participants.
Amendment 331 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The financial capacity shall not be verified for legal entities whose viability is guaranteed by a Member State or an associated country and for higher and secondary education establishments. Similarly, the financial and coordination capacity of under-capitalized subsidiaries or start-ups shall not be verified where their viability is guaranteed by their shareholders as far as this is renewed on a yearly basis.
Amendment 335 #
2011/0399(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Financial capacity can be guaranteed by any other legal entity, whose financial capacity shall then be verified according to Article 14 (5)
Amendment 346 #
2011/0399(COD)
Proposal for a regulation
Article 16 – paragraph -1 (new)
Article 16 – paragraph -1 (new)
-1. The Commission or the relevant funding body shall draw up, in close cooperation with the Member States, model grant agreements between the Commission or the relevant funding body and the participants in accordance with this Regulation, taking into account the characteristics of the funding scheme concerned.
Amendment 347 #
2011/0399(COD)
Proposal for a regulation
Article 16 – paragraph -1 a (new)
Article 16 – paragraph -1 a (new)
-1a. At the latest at the publication of the call for proposals, the Commission or the relevant funding body shall make available the grant agreement for the action concerned.
Amendment 351 #
2011/0399(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. TConsidering and complying with the stipulations of this Regulation, the grant agreement shall establish the rights and obligations of the participants, of the Commission or the relevant funding bodies. It shall also establish the rights and obligations of legal entities which become participants during the implementation of the action.
Amendment 354 #
2011/0399(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. TOn the basis of a work programme requirement, the grant agreement may establish rights and obligations of the participants with regard to access rights, exploitation and dissemination, additional to those laid down in this Regulation.
Amendment 358 #
2011/0399(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The grant agreement shall, where appropriate, reflect the general principles laid down in Commission Recommendation on the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers as well as gender equality principle laid down in Article 15 of Regulation (EU) N° XX/XX [Horizon 2020].
Amendment 375 #
2011/0399(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Participants may submit to the Commission clarifications or interpretations relating to the application of the rules governing participation in the Horizon 2020 framework programme. In such cases, if the Commission does not reply within two months, the participant’s position shall be deemed to have been endorsed.
Amendment 376 #
2011/0399(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Participants shall make no commitments which are incompatible with this regulation and the grant agreement. Where a participant fails to comply with its obligations regarding the technical implementation of the action, the other participants shall comply with the obligations without any additional Union funding unless the Commission or funding body expressly relieves them of that obligation. The financial responsibility relevant to the technical development of activities of the action of each participant shall be limited to its own debt, subject to the provisions relating to the Fund. The financial responsibility of each participant relevant to the breach of confidential agreements set by the grant agreement and/or the consortium agreement is not limited by the own debt of the participants. The participants shall ensure that the Commission or funding body is informed of any event which might affect the implementation of the action or the interests of the Union.
Amendment 381 #
2011/0399(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The award of subcontracts for carrying out certain elements of the action shall be limited to the cases provided for in the grant agreement except for those that can not be clearly foreseen at the time of its entry into force. A previous approval of the Commission shall be requested; such an approval can not be unreasonably denied.
Amendment 401 #
2011/0399(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. A single reimbursement rate of the eligible costs shall be applied per action for all activities funded therein. The maximum rate shall be fixed in the work programme or work plan.
Amendment 425 #
2011/0399(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. TSubject to compliance with non-profit requirement the Horizon 2020 grant may reach a maximumshall be of 100 % of the total eligible costs, without prejudice to the co-financing principle.
Amendment 433 #
2011/0399(COD)
Proposal for a regulation
Article 22 – paragraph 5 – introductory part
Article 22 – paragraph 5 – introductory part
5. TSubject to compliance with the non- profit requirement, the Horizon 2020 grant shall be limited to a maximum of 70 % of the total eligible costs for the following actions:
Amendment 473 #
2011/0399(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. For personnel costs, direct charges and social charges are considered eligible if and to the extent they fulfil all the following criteria: (a) the charges are mandatory under the applicable legislation or sector agreements, or resulting from measures based on such legislation or agreements; (b) they can be directly or indirectly linked to the remuneration of personnel; (c) they are recorded according to the usual accounting principles of the beneficiary concerned; (d) they are effectively incurred during the duration of the project and have been paid or will be paid obligatorily at a later date and reflected in the account of the beneficiary.
Amendment 481 #
2011/0399(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. When covered by the participants, costs related to work-life balancing of researchers and innovators during the project lifecycle shall be eligible without reducing the total of eligible costs.
Amendment 489 #
2011/0399(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Indirect eligible costs shall be determined by applying a flat rate of 210% of the total direct eligible costs, excluding direct eligible costs for subcontracting and the costs of resources made available by third parties which are not used on the premises of the beneficiary, as well as financial support to third parties.
Amendment 527 #
2011/0399(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. In accordance with Article X of Regulation (EU) No XX/XX [financial regulation], the Commission may establish methods to determine scales of unit costs based on: a) statistical data or similar objective means; b) auditable historical data of the participant. Once they are agreed upon, scales of unit costs are not subject to the verification that they are actually incurred.
Amendment 537 #
2011/0399(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) they are calculated on the basis of the total actual personnel costs recorded in the participant's general accounts which may be adjusted on the basis of budgeted or estimated elements according to the conditions defined by the Commission;
Amendment 553 #
2011/0399(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Participants that calculate and claim direct personnel costs on the basis of scale of unit costs may submit to the Commission a certificate on the methodology. That methodology shall comply with the conditions set out in Articles 23, 25 and, where appropriate, Article 27(2) and meet the requirements of grant agreement.
Amendment 555 #
2011/0399(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When examining certificates on the methodology, usual accounting practices should be fully taken into account by the Commission. Where the Commission accepts a certificate on the methodology, it shall be valid for all actions financed under Regulation (EU) No XX/XX [Horizon 2020] and the participant shall calculate and claim costs on its basis. Once the Commission has accepted a certificate on the methodology, it will not be possible to attribute to the beneficiary any systemic or recurrent error related to the beneficiary methodology.
Amendment 590 #
2011/0399(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
2. Independent experts shall be chosen on the basis of skills, experience and knowledge appropriate to carry out the tasks assigned to them. When choosing experts, the Commission shall ensure a balance between different stakeholders' representatives. In cases where independent experts have to deal with classified information, the appropriate security clearance shall be required before appointment.
Amendment 609 #
2011/0399(COD)
Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 4
Article 37 – paragraph 2 – subparagraph 4
Appropriate measures shall be taken to seek gender balance and geographical diversityensure reasonable gender balance when appointing independent experts.
Amendment 620 #
2011/0399(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
2. Where participants in an action have jointly generated results and where their respective share of the work cannot be ascertained, or where it is not possible to separate such joint invention, design or work for the purpose of applying for, obtaining and or maintaining the relevant patent protection or any other intellectual property right, they shall have joint ownership of those results. The joint owners shall establish an agreement regarding the allocation and terms of exercise of that joint ownership in accordance with their obligations under the grant agreement.
Amendment 627 #
2011/0399(COD)
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Article 38 – paragraph 2 – subparagraph 2 – introductory part
Unless otherwise agreed in the joint ownership agreement, each joint owner shall be entitled to exploit their jointly owned results, including to grant non- exclusive licences to third parties to exploit the jointly owned results, without any right to sub-licence, subject to the following conditions:
Amendment 636 #
2011/0399(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Notwithstanding paragraphs 1, 2 and 3, participants may agree on different arrangements governing ownership of the results.
Amendment 642 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
2. Where a participant that has received Union funding intends not to protect results generated by it for reasons other than impossibility under Union or national law or the lack of potential for commercial or industrial exploitation, and unless the participant intends to transfer them to another legal entity established in a Member State or associated country in view of their protection, it shall inform the Commission or funding body before any dissemination relating to these results takes place. The Commission on behalf of the Union or the funding body may assume ownership of these results and take the necessary steps for their adequate protection.
Amendment 644 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. No dissemination relating to these results may take place until the Commission or the funding body has taken a decision or has decided that it will assume ownership and has taken the necessary steps to ensure protection. The model grant agreement shall lay down time-limits in this respect.
Amendment 647 #
2011/0399(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Where a participant that has received Union funding intends to abandon the protection of results or not to seek extension of such protection for reasons other than the lack of potential for commercial exploitation, it shall inform the Commission or the funding body which may continue or extend protection by assuming ownership thereof. The participant may refuse consent only if it demonstrates that its legitimate interests would suffer significant harm. The model grant agreement shall lay down time-limits in this respect.
Amendment 649 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
1. Each participant that has received Union funding shall use its best efforts to exploit the results it owns in further research or commercially, or to have them exploited by another legal entity for these purposes, in particular through transfer and licensing of results in accordance with Article 41.
Amendment 653 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
Additional dissemination obligations may be laid down in the grant agreement. Any such additional obligations shall be indicated in the work programme or work plan.
Amendment 658 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 3
Article 40 – paragraph 2 – subparagraph 3
With regard to dissemination through researchscientific publications, open access shall apply under the terms and conditions laid down in the grant agreement. With regard to dissemination of other results, including research data, the model grant agreement may lay down the terms and conditions under which open access to such results shall be provided, in particular in ERC frontier research or in other appropriate areas.
Amendment 668 #
2011/0399(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 4
Article 40 – paragraph 2 – subparagraph 4
Prior notice of any dissemination activity shall be given to the other participants. Following notification, a participant may object if it demonstrates that its legitimate interests in relation to its results or background would suffer significant harm by the intended dissemination. In such cases, the dissemination activity may not take place unless appropriate steps are taken to safeguard these legitimate interests. The model grant agreement mayshall lay down time-limits in this respect.
Amendment 677 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Without prejudice to confidentiality obligations arising from laws or, regulations or contractual undertakings in the case of mergers and acquisitions, where other participants still enjoy access rights to the results to be transferred, the participant who intends to transfer the results shall give prior notice to those other participants, together with sufficient information concerning the intended new owner of the results to permit the other participants to analyse the effect of the intended transfer on the possible exercise of their access rights.
Amendment 682 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 4 a (new)
Article 41 – paragraph 1 – subparagraph 4 a (new)
A participant may – without having to seek the authorisation of the other participants but on condition that the other participants are informed in writing and that the assignee consents in writing to be bound by the obligations arising from the grant agreement and the consortium agreement – assign his new knowledge to: (a) his affiliated entities; (b) any party that acquires all or a substantial part of his assets; or (c) any entity which succeeds him as a result of a merger or consolidation of that party with such entities.
Amendment 688 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. Provided that any access rights to the results can be exercised and that any additional exploitation obligations are complied with by the participant who owns results, the participant who owns results may grant licences or otherwise give the right to exploit them results to any legal entity, including on an exclusive basis. Exclusive licences for results may be granted subject to written confirmation by all the other participants that they waive their access rights thereto.
Amendment 690 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1
Article 41 – paragraph 3 – subparagraph 1
3. With regard to results which are generated by participants that have received Union funding, the Commission or funding bodygrant agreement may provide that the Commission or funding body or any participant in the action may object to transfers of ownership or to grants of an exclusive licence, to third parties established in a third country not associated to Horizon 2020, if it considers that the grant or transfer is not in accordance with the interests of developing the competitiveness of the Union economy or is inconsistent with ethical principles or security considerations.
Amendment 692 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 2
Article 41 – paragraph 3 – subparagraph 2
In such cases, the transfer of ownership or grant of exclusive licence shall not take place unless the Commission or funding body or the participant in the action is satisfied that appropriate safeguards will be put in place.
Amendment 693 #
2011/0399(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 3
Article 41 – paragraph 3 – subparagraph 3
Where appropriate, the grant agreement shall provide that the Commission or funding body or any participant in the action is to be notified in advance of any such transfer of ownership or grant of an exclusive licence. The model grant agreement shall lay down time-limits.
Amendment 696 #
2011/0399(COD)
Proposal for a regulation
Article 42
Article 42
Participants shall identify the necessary background for their action in any manner in a written agreement.
Amendment 697 #
2011/0399(COD)
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1. The principles governing rights of access as defined in this article shall constitute a minimum precondition, which may be expanded at the discretion of, and by means of an agreement between, all the participants in a specific action.
Amendment 698 #
2011/0399(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Any request to exercise access rights or any waiving of access rights shall be made in writing and obtained directly from the participant owning the results or the background, unless otherwise agreed among the participants. Waiving of access rights can only be done on a case by case basis, after the particular result or background has been generated, unless otherwise agreed among the participants.
Amendment 702 #
2011/0399(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. Participants in the same action shall inform each other before their accession to the grant agreement of any legal restriction or limit to granting access to their background. Any agreement concluded thereafter by a participant regarding background shall ensure that any access rights may be exercised. The Commission or the funding body shall be informed of the restriction(s) before the grant agreement is concluded and shall consider the impact which the restriction(s) have or will have on the attainment of the aims of the specific project.
Amendment 704 #
2011/0399(COD)
Proposal for a regulation
Article 43 – paragraph 4
Article 43 – paragraph 4
Amendment 707 #
2011/0399(COD)
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
1. A participant shall enjoy access rights to the results of another participant in the same action, if such access isresults are needed by the former to carry out its work under the action.
Amendment 708 #
2011/0399(COD)
Proposal for a regulation
Article 44 – paragraph 2 – subparagraph 1
Article 44 – paragraph 2 – subparagraph 1
2. A participant shall enjoy access rights to background of another participant in the same action, if such baccesskground is needed by the former to carry out its own work under the action and subject to any restrictions pursuant to Article 43(3).
Amendment 711 #
2011/0399(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 1
Article 45 – paragraph 1 – subparagraph 1
1. A participant shall enjoy access rights to the results of another participant in the same action, if such access isresults are needed by the former to exploit its own results.
Amendment 713 #
2011/0399(COD)
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Amendment 716 #
2011/0399(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
2. A participant shall enjoy access rights to background of another participant in the same action, if such baccesskground is needed by the former to exploit its own results and subject to any restrictions or limits pursuant to Article 43(3).
Amendment 718 #
2011/0399(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
Amendment 720 #
2011/0399(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. ASubject to Article 43(1)(a), an affiliated entity established in a Member State or associated country shall, unless otherwise provided for in the consortium agreement, also have access rights to results orand background under the samfair and reasonable conditions if such access isresults or background are needed to exploit the results generated by the participant to which it is affiliated.
Amendment 722 #
2011/0399(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. A request for access rights under paragraphs 1, 2 and 3 may be made up to one year after the end of the action or after the termination of the requesting participant's participation in the action. However, the participants may agree on a different time- limit.
Amendment 723 #
2011/0399(COD)
Proposal for a regulation
Article 46
Article 46
Amendment 734 #
2011/0399(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
Specific provisions for particular types of actions
Amendment 750 #
2011/0399(COD)
Proposal for a regulation
Article 49 – title
Article 49 – title
Procurement, pre-commercial procurement and public procurement of innovative solutions
Amendment 753 #
2011/0399(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Amendment 754 #
2011/0399(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1a. The inventor shall remain the owner of the results and user rights shall be granted to the contracting authorities for the own use as well as the right to exploit.
Amendment 755 #
2011/0399(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3a. However the exploitation of the results by a third party as foreseen in the rules for participation and dissemination shall be limited to the satisfaction of the need of the Union or of the adjudicating Member State(s) with the exclusion of any commercial exploitation by third parties. The owner may refuse the concession of such rights to third parties in case of harm to its legitimate interest.
Amendment 343 #
2011/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall support actions which aim to improve access to finance for SMEs in their start-up and growth phases, being complementary to the Member States' use of financial instruments for SMEs at national and regional level. In order to ensure complementarity, these actions will be closely coordinated with those undertaken in the framework of cohesion policy and at national level. Such actions shall aim to stimulate the supply of both equity and debt finance. The Commission shall pay particular attention to the visibility of EU funding to SMEs so as to ensure that EU support is known and recognised.
Amendment 12 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2006/43/EC
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) voluntarily conducted by small undertakings;
Amendment 16 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2006/43/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authorities referred to in Article 32Member States shall establish procedures for the approval of statutory auditors who have been approved in other Member States. Those procedures shall comply with Articles 11 and 12 of Directive 2005/36/EC and shall not go beyond the requirements contained in Articles 13 and 14 of that Directive.
Amendment 18 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, 'international auditing standards' means International Standards on Auditing (ISAs) and related Statements and Standards which are part of the Clarity Project issuadopted and published by the International Federation of Accountants (IFAC) in 2009 insofar as they are relevant to the statutory audit and are available in the working languages of the European Union.
Amendment 20 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 15 – point d
Article 1 – point 15 – point d
Directive 2006/43/EC
Article 32 – paragraph 5
Article 32 – paragraph 5
The competent authority shall have the right, where necessary, to initiate and conduct investigations in relation to statutory auditors and audit firms and the right to take appropriate action. It shall have adequate resources to initiate and conduct such investigations, which may take the form of a compulsory contribution by statutory auditors and audit firms in proportion to their audit activity.
Amendment 25 #
2011/0389(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Codification of the Directive This Directive shall be codified with the Directive which it amends within three months of its entry into force.
Amendment 44 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2006/43/EC
Article 2 – point 1 – point c
Article 2 – point 1 – point c
(c) voluntarily conducted by small undertakings;';’;
Amendment 84 #
2011/0389(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2006/43/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authorities referred to in Article 32Member States shall establish procedures for the approval of statutory auditors who have been approved in other Member States. Those procedures shall comply with Articles 11 and 12 of Directive 2005/36/EC and shall not go beyond the requirements contained in Articles 13 and 14 of that Directive.
Amendment 107 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, '‘international auditing standards'’ means International Standards on Auditing (ISAs) and related Statements and Standards which are part of the Clarity Project issuadopted and published by the International Federation of Accountants (IFAC) in 2009 insofar as they are relevant to the statutory audit and are available in the working languages of the European Union.
Amendment 130 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 15 – point d
Article 1 – point 15 – point d
Directive 2006/43/EC
Article 32 – paragraph 5 – subparagraph 1
Article 32 – paragraph 5 – subparagraph 1
5. The competent authority shall have the right, where necessary, to initiate and conduct investigations in relation to statutory auditors and audit firms and the right to take appropriate action. It shall have adequate resources to initiate and conduct such investigations, which may take the form of a compulsory contribution by statutory auditors and audit firms in proportion to their audit activity.
Amendment 173 #
2011/0389(COD)
Proposal for a directive
Article 3
Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and shall be codified, with the Directive amended by it, within three months of its entry into force.
Amendment 62 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 8
Annex – part 1 – point 1.1 – paragraph 8
Moreover, the EIT is now consolidating itself as an innovation institution through the headquarters in Budapest. It has also set up the EIT Foundation, a legally independent organisation dedicated to promoting and supporting the work and activities of the EIT, and to enhancing the EIT's societal impact.
Amendment 105 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.1 – point 2.1.2 – paragraph 5 – point -1 (new)
Annex – part 2 – point 2.1 – point 2.1.2 – paragraph 5 – point -1 (new)
Woods and forests
Amendment 107 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.1 – point 2.1.2 – paragraph 5 – point 1
Annex – part 2 – point 2.1 – point 2.1.2 – paragraph 5 – point 1
Amendment 151 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.2 – paragraph 6
Annex – part 2 – point 2.2 – paragraph 6
The EIT will therefore put in place a specific people scheme to ensure that talent – students, researchers, teaching staff and entrepreneurs at all career levels – beyond the co-location centres will be fully connected to the initiative. Such a scheme will not only provide top talents from beyond the KICs with the opportunity to benefit from the innovation environments created within the co-location centres, but will also provide them with incentives to make full use of the knowledge and know- how acquired in areas beyond the KICs. Typically, the EIT Foundation could play a significant role in this area.
Amendment 169 #
2011/0387(COD)
Proposal for a decision
Annex – part 3 – point 3.1 – paragraph 3
Annex – part 3 – point 3.1 – paragraph 3
The decisions of the EIT Governing Board are implemented by the EIT headquarters under the leadership of the Director who is accountable to the Commission, Parliament and the Council for the EIT’s actions. In doing so, the headquarters mirror the results- oriented nature of the EIT and its KICs and are the driving force behind simplification of procedures. At the same time, the EIT headquarters develop the capacity to systematically digest the learning from the KICs and make these findings available for the benefit of the wider innovation community. Over time, the EIT headquarters will become a resourceful repository of good practice and a real knowledge partner for policy makers.
Amendment 172 #
2011/0387(COD)
Proposal for a decision
Annex – part 3 – point 3.3 – paragraph 2 a (new)
Annex – part 3 – point 3.3 – paragraph 2 a (new)
The EIT will also develop a communication campaign for universities, local authorities and national parliaments with a view to providing the best possible information to stakeholders in the innovation chain, in the mutual interest of all parties. That communication campaign will highlight European Union action through the EIT.
Amendment 186 #
Amendment 187 #
2011/0387(COD)
Proposal for a decision
Annex – Factsheet 1 – part 2 – paragraph 1
Annex – Factsheet 1 – part 2 – paragraph 1
A KIC on added-value manufacturingindustry will help meeting Horizon 2020 priorities in terms of advanced manufacturing and processing, and its specific objective of "transforming today's industrial forms of production towards more knowledge intensive, sustainable, low-carbon, trans- sectoral manufacturing and processing technologies, to realise innovative products, processes and services".
Amendment 190 #
2011/0387(COD)
Proposal for a decision
Annex – Factsheet 1 – part 2 – paragraph 4
Annex – Factsheet 1 – part 2 – paragraph 4
A KIC on added-value manufacturingindustry could also have a very important role and impact at regional level: Fostering the creation of interconnected regional clusters with local transfers and collaboration, developing competences in high-end manufacturing technologies, and developing excellence in manufacturing technologies would be the key missions of a KIC at regional level. In this connection, specific attention could be given to those regions more affected by declining manufacturing capacity as well as to SMEs.
Amendment 72 #
2011/0384(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The EIT should directly engage with national and regional representatives and other stakeholders from across the innovation chain, generating beneficial effects on both sides. In order to render such dialogue and exchange more systematic, an EIT Stakeholder Forum should be organised, bringing together the wider community of stakeholders around cross-cutting issues. An information campaign should be conducted in this connection, aimed at universities, local authorities and national parliaments.
Amendment 104 #
2011/0384(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 171 #
2011/0384(COD)
Proposal for a regulation
Annex – section 1 – point 2 – paragraph 6 a (new)
Annex – section 1 – point 2 – paragraph 6 a (new)
The Commission shall dismiss any member or members of the Governing Board who fail to perform the duties of their office in accordance with the interests of the Union. It shall do so on the basis of the opinion of Parliament and the Council.
Amendment 174 #
2011/0384(COD)
Proposal for a regulation
Annex – section 2 – point 1 – point i
Annex – section 2 – point 1 – point i
(i) appoint and if necessarymay propose that the Commission appoint or dismiss the Director, and shall exercise disciplinary authority over him/her;
Amendment 175 #
2011/0384(COD)
Proposal for a regulation
Annex – section 2 – point 1 – point k
Annex – section 2 – point 1 – point k
(k) adopt a code of good conduct regarding conflicts of interest, professional secrecy and communication;
Amendment 177 #
2011/0384(COD)
Proposal for a regulation
Annex – section 2 – point 1 – point n
Annex – section 2 – point 1 – point n
(n) be empowered to propose that the Commission establish a Foundation (hereinafter referred to as ‘the BEIT Foundation’) with the specific objective of promoting and supporting the activities of the EIT;. The Foundation shall be established on the basis of the opinion of Parliament and the Council.
Amendment 178 #
2011/0384(COD)
Proposal for a regulation
Annex – section 2 – point 1 – point o
Annex – section 2 – point 1 – point o
(o) decide on EIT’s language regime, taking into account the existing principles on multilingualism and the practical requirements of its operationsensure the EIT complies with the existing principles on multilingualism;
Amendment 180 #
2011/0384(COD)
Proposal for a regulation
Annex – section 2 – point 1 – point p a (new)
Annex – section 2 – point 1 – point p a (new)
(pa) promote the Union through the EIT.
Amendment 181 #
2011/0384(COD)
Proposal for a regulation
Annex – section 3 – point 1
Annex – section 3 – point 1
1. The Governing Board shall elect its Chairperson from among the appointed members. The term of office of the Chairperson shall be two years, renewable once. Chairperson shall be appointed by the Commission. The term of office of the Chairperson shall be two years, renewable once. Acting on the basis of the opinion of Parliament and the Council, the Commission shall dismiss the Chairperson of the Governing Board if he/she fails to perform the duties of his/her office in accordance with the interests of the Union.
Amendment 182 #
2011/0384(COD)
Proposal for a regulation
Annex – section 4 – point 1
Annex – section 4 – point 1
1. The Director shall be a person with expertise and high reputation in the areas where the EIT operates. The Director shall be appointed by the Governing Board for a term of office of four years. The Governing Board may extend that term of office once by four years when it considers that the interests of the EIT are best served by so doing. Acting on the basis of the opinion of Parliament and the Council, the Commission shall dismiss the Director if he/she fails to perform the duties of his/her office in accordance with the interests of the Union.
Amendment 183 #
2011/0384(COD)
Proposal for a regulation
Annex – section 4 – point 3 – point b
Annex – section 4 – point 3 – point b
(b) supporassist the Governing Board and the Executive Committee in their work, provide the secretariat for their meetings and with all information necessary for the performance of their functions;
Amendment 184 #
2011/0384(COD)
Proposal for a regulation
Annex – section 4 – point 3 – point k
Annex – section 4 – point 3 – point k
(k) submit the draft annual accounts and balance sheet to the Internal Auditing Function, and subsequently to the Governing Board, through the Executive Committee and the Commission;
Amendment 705 #
2011/0371(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The sport activities supported shall, where appropriate, leverage supplementary funding through partnership with third parties such as private undertakings and their lawful representatives such as chambers of commerce.
Amendment 743 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – indent 1
Article 13 – paragraph 3 – indent 1
Amendment 747 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – indent 4
Article 13 – paragraph 3 – indent 4
Amendment 750 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 3 – indent 5
Article 13 – paragraph 3 – indent 5
Amendment 811 #
2011/0371(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Programme shall support the cooperation with partners from third countries and countries with which the Union has signed a political or commercial association agreement or a free-trade agreement, notably partners from neighbourhood countries, in actions and activities as referred to in Articles 6 and 10.
Amendment 22 #
2011/0363(NLE)
Proposal for a regulation
Recital 10
Recital 10
(10) The activities covered by this Regulation and the operations which they support shouldmust comply with applicable Union and national law which is directly or indirectly linked to the implementation of the operation. The decommissioning of the nuclear power plants covered by this Regulation shouldmust be carried out in line with the legislation on nuclear safety and waste management and on the environment.
Amendment 23 #
2011/0363(NLE)
Proposal for a regulation
Recital 12
Recital 12
(12) The financial interests of the Union shouldmust be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, penalties.
Amendment 25 #
2011/0363(NLE)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to assist the Member States concerned to reach an irreversible state within the decommissioning process of Kozloduy units 1 to 4, Ignalina units 1 and 2 and Bohunice V1 units 1 and 2 nuclear power plants, in accordance with their respective decommissioning plans, while keeping the highest level of safety and without exposing the health of workers and the general population to excessive risk.
Amendment 28 #
2011/0363(NLE)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
The financial envelope for the implementation of the Programme for the period 2014 to 2020 shall be EUR 552 947 000 in current prices. It shall be paid to the Member States in which the nuclear facilities to be declassified are situated.
Amendment 43 #
2011/0363(NLE)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Programme shall be implemented by one or several of the forms provided for by Regulation (EU) No XXX/2012 [New Financial Regulation], in particular, grants and procurements. Public procurement contracts financed by this programme shall preferably be awarded to EU companies or companies in states which comply with the principle of reciprocity in their commercial relations with the EU.
Amendment 44 #
2011/0363(NLE)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission may entrust the iImplementation of the Union'’s financial assistance under this Programme to the bodiesshall be delegated by the Commission to the Member States in which the nuclear facilities to be declassified are situated under the shared management principle, the rules for which are set out in Article 55(1)(c)9 of Regulation (EU; Euratom) No XXXX966/2012 [New Financial Regulation]. of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union1. __________ 1 OJ L 298, 26.10.2012, p. 1.
Amendment 45 #
2011/0363(NLE)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The annual work programmes and the acts setting out the implementation procedures referred to in paragraph 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 9(2). These shall be communicated to the European Parliament.
Amendment 46 #
2011/0363(NLE)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1(a) By 31 March of the year following each accounting year, the Member States shall report on the use of the financial envelope. These reports, certified by national audit bodies, shall be sent to the Commission and the Council to be incorporated into the general EU budget discharge procedure.
Amendment 47 #
2011/0363(NLE)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. The Commission or its representatives, the national audit bodies of the Member States in which the nuclear facilities to be declassified are situated and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme. The results of the audits shall be communicated to the European Parliament.
Amendment 48 #
2011/0363(NLE)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
The European Anti-fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Regulation (Euratom, EC) No 2185/96 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the European Union in connection with a grant agreement or grant decision or a contract concerning Union funding. The results of the checks and inspections shall be communicated to the European Parliament.
Amendment 49 #
2011/0363(NLE)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Without prejudice to the first and second sub-paragraphs, cooperation agreements with third countries and international organisations and grant agreements and grant decisions and contracts resulting from the implementation of this Regulation shall expressly empower the Commission, the national audit body of the Member State concerned, the Court of Auditors and OLAF to conduct such audits, on-the-spot checks and inspections and shall ensure that the results of these are communicated to the European Parliament.
Amendment 52 #
2011/0363(NLE)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. No later than end 2015, an independent mid-term evaluation report shall be established by the Commission on the achievement of the objectives of all the measures, at the level of results and impacts, the efficiency of the use of resources and its Union added value, in view of a decision amending or suspending the measures. The evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives. It shall take into account evaluation results on the long-term impact of the predecessor measures.
Amendment 56 #
2011/0363(NLE)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall communicate the conclusions of theseabove-mentioned evaluation reports to the European Parliament, in the official languages of the EU, and the Council.
Amendment 131 #
2011/0359(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 132 #
2011/0359(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The audit committee of the public-interest entity shall monitorcheck the work of the statutory auditor(s) or audit firm(s) carrying out the statutory audit.
Amendment 147 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
1. The public-interest entity shall appoint a statutory auditor or audit firm for an initial engagement that shall not be shorter than two period of four consecutive years.
Amendment 154 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew this engagement only oncengagement shall be renewable.
Amendment 158 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Article 33 – paragraph 1 – subparagraph 3
Amendment 159 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Article 33 – paragraph 1 – subparagraph 4
Amendment 163 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 165 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 174 #
2011/0359(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1
Article 34 – paragraph 2 – subparagraph 1
2. The audit committee, one or more shareholders, the competent authorities referred to in Article 35(1) or 35(2) shall be able to bring a claim before a national court for the dismissal of the statutory auditor(s) or audit firm(s) where there are proper grounds.(Does not affect English version.)
Amendment 175 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
1. Each Member State shall designate a competent authorityA European Auditing Activities Supervisory Authority (EAASA) shall be established, to be responsible for carrying out the tasks provided for in this Regulation and for ensuring that the provisions of this Regulation are applied. It shall be independent and shall be based at the European Commission.
Amendment 176 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – introductory part
Article 35 – paragraph 1 – subparagraph 2 – introductory part
The competent authority shall be one of the followinglink and oversee the following competent authorities:
Amendment 177 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. By derogation from paragraph 1, Member States may decide that the responsibility for ensuring that all or part of the provisions of Title III of this Regulation are applied shall be entrusted to, as appropriate, tThe competent authorities referred to in:
Amendment 178 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 179 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The competent aEuropean Auditing Activities Supervisory Authoritiesy shall be adequately staffed, with regard to capacity and expertise, and shall have the adequate resources in order to be able to fulfill their its tasks provided for in this Regulation. Those resources shall come from the statutory auditors or audit firms which audit PIEs; it may take the form of a compulsory contribution proportionate to the volume of their PIE work.
Amendment 180 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
Amendment 181 #
2011/0359(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The European Auditing Activities Supervisory Authority, the competent authorities and any authority to which the competent authority referred to in Article 35(1) has delegated tasks shall be independent of statutory auditors and audit firms.
Amendment 182 #
2011/0359(COD)
Proposal for a regulation
Article 37
Article 37
The obligation of professional secrecy shall apply to all persons who are or have been employed by the European Auditing Activities Supervisory Authority and by the competent authorities or by any authority to whom the competent authority referred to in Article 35(1) has delegated tasks, including experts contracted by such authorities. Information covered by professional secrecy may not be disclosed to any other person or authority except by virtue of the obligations of this Regulation or of the laws, regulations or administrative procedures of a Member State.
Amendment 183 #
2011/0359(COD)
Proposal for a regulation
Article 38 – title
Article 38 – title
Powers of competent athe European Auditing Activities Supervisory Authoritiesy
Amendment 184 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Without prejudice to Articles 40 and 41, in carrying out their tasks under this Regulation, neither the European Auditing Activities Supervisory Authority nor the competent authorities or any other public authorities of a Member State may not interfere with the content of audit reports.
Amendment 185 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have all the supervisory and investigatory powers that are necessary for the exercise of theirits functions. TheyIt shall exercise theirse powers in any of the following ways:
Amendment 186 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – introductory part
Article 38 – paragraph 3 – subparagraph 1 – introductory part
3. In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have the power in theirits supervisory capacity to:
Amendment 187 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
Article 38 – paragraph 3 – subparagraph 2
The competent aEuropean Auditing Activities Supervisory Authoritiesy may use the powers referred to in the first subparagraph only in relation to statutory auditors and audit firms carrying out statutory audit of public- interest entities, persons involved in the activities of statutory auditors and audit firms carrying out statutory audit of public- interest entities, audited entities, their affiliates and related third parties, third parties to whom the statutory auditors and audit firms carrying out statutory audit of public-interest entities have outsourced certain functions or activities, and persons otherwise related or connected to statutory auditors and audit firms carrying out statutory audit of public-interest entities. It shall focus particularly on the supervision of international statutory auditors and audit firms.
Amendment 492 #
2011/0359(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 496 #
2011/0359(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The audit committee of the public-interest entity shall monitorcheck the work of the statutory auditor(s) or audit firm(s) carrying out the statutory audit.
Amendment 560 #
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 period of four consecutive years.
Amendment 571 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew this engagement only oncengagement shall be renewable.
Amendment 584 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Article 33 – paragraph 1 – subparagraph 3
Amendment 603 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
Amendment 612 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 632 #
2011/0359(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1
Article 34 – paragraph 2 – subparagraph 1
Amendment 637 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Amendment 639 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – introductory part
Article 35 – paragraph 1 – subparagraph 2 – introductory part
The competent authority shall be one of the followinglink and oversee the following competent authorities:
Amendment 642 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. By derogation from paragraph 1, Member States may decide that the responsibility for ensuring that all or part of the provisions of Title III of this Regulation are applied shall be entrusted to, as appropriate, tThe competent authorities referred to in:
Amendment 643 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 644 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The competent aEuropean Auditing Activities Supervisory Authoritiesy shall be adequately staffed, with regard to capacity and expertise, and shall have the adequate resources in order to be able to fulfil theirits tasks provided for in this Regulation. Those resources shall come from the statutory auditors or audit firms which audit PIEs and may take the form of a compulsory contribution proportionate to the volume of their PIE work.
Amendment 649 #
2011/0359(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The European Auditing Activities Supervisory Authority, the competent authorities and any authority to which the competent authority referred to in Article 35(1) has delegated tasks shall be independent of statutory auditors and audit firms.
Amendment 654 #
2011/0359(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The obligation of professional secrecy shall apply to all persons who are or have been employed by the European Auditing Activities Supervisory Authority and by the competent authorities or by any authority to whom the competent authority referred to in Article 35(1) has delegated tasks, including experts contracted by such authorities. Information covered by professional secrecy may not be disclosed to any other person or authority except by virtue of the obligations of this Regulation or of the laws, regulations or administrative procedures of a Member State.
Amendment 656 #
2011/0359(COD)
Proposal for a regulation
Article 38 – title
Article 38 – title
Powers of competent athe European Auditing Activities Supervisory Authoritiesy
Amendment 657 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Without prejudice to Articles 40 and 41, in carrying out their tasks under this Regulation, the European Auditing Activities Supervisory Authority or the competent authorities or any other public authorities of a Member State may not interfere with the content of audit reports.
Amendment 658 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 2 – introductory part
Article 38 – paragraph 2 – introductory part
2. In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have all the supervisory and investigatory powers that are necessary for the exercise of theirits functions. TheyIt shall exercise theirse powers in any of the following ways:
Amendment 659 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1 – introductory part
Article 38 – paragraph 3 – subparagraph 1 – introductory part
In order to carry out theirits tasks under this Regulation, the competent authorities shall, in confEuropean Auditing Activities Supervisory Authormity with national law,shall have the power in theirits supervisory capacity to:
Amendment 661 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
Article 38 – paragraph 3 – subparagraph 2
The competent aEuropean Auditing Activities Supervisory Authoritiesy may use the powers referred to in the first subparagraph only in relation to statutory auditors and audit firms carrying out statutory audit of public- interest entities, persons involved in the activities of statutory auditors and audit firms carrying out statutory audit of public- interest entities, audited entities, their affiliates and related third parties, third parties to whom the statutory auditors and audit firms carrying out statutory audit of public-interest entities have outsourced certain functions or activities, and persons otherwise related or connected to statutory auditors and audit firms carrying out statutory audit of public-interest entities. It shall focus particularly on the supervision of international statutory auditors and audit firms.
Amendment 37 #
2011/0299(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172s 170, 171(1), 172 and 174 thereof,
Amendment 77 #
2011/0299(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) In addition to the actions in the field of broadband networks, it is of utmost importance to also favour demand take-up, that will be key to ease and speed up the roll out of ultra fast broadband networks across the Union. Action supporting both early adopters of ultrafast services and development of innovative and digital services at the Union level are essential to achieve the Digital Agenda goals.
Amendment 108 #
2011/0299(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down guidelines to determine those trans-European telecommunication networks that shall be supported in accordance with Regulation XXX (CEF Regulation) in their development, implementation, deployment, interconnection, and interoperability. Such support shall focus on actions required to avoid market failure and be in line with relevant Union policies, regulation and guidelines, such as the Community guidelines for the application of state aid rules in broadband networks.
Amendment 120 #
2011/0299(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) ensure that European citizens, wherever they are in the EU, have an equal opportunity to access trans- European telecommunications networks at a price which corresponds to the market average.
Amendment 164 #
2011/0299(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Projects of common interest set out in the Annex shall contribute to the achievement of the objectives set out in Article 2. They shall be consistent with projects run by the Member States.
Amendment 172 #
2011/0299(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Actions contributing to projects of common interest shall be eligible for EU financial support under the conditions and instruments available under the Regulation establishing the Connecting Europe Facility [REF]. Financial support shall be provided in accordance with the relevant rules and procedures adopted by the Union, funding priorities and the availability of resources. In order to finance projects of common interest, and pursuant to Article 311 of the Treaty on the Functioning of the European Union, the Commission may propose the creation of own resources such as a mandatory contribution by users of trans-European telecommunications networks.
Amendment 186 #
2011/0299(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. On the basis of information received under Article 21 of the Regulation XXX establishing the Connecting Europe Facility, Member States and the Commission shall exchange information about the progress made with the implementation of these guidelines. A yearly overview of this information shall be sent to the European Parliament.
Amendment 198 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – paragraph 1
Annex 1 – paragraph 1
The projects of common interest shall aim for the removal of bottlenecks which hinder the completion of the Single Market i.e. providing connectivity to the network and access, including across borders, to digital service infrastructures. They shall also aim to ensure the principle of equal opportunity for citizens to access digital service infrastructures at a reasonable price wherever they are in the EU.
Amendment 210 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 2
Annex 1 – section 2 – paragraph 2
Investment in broadband infrastructure has, since the liberalisation of the telecommunications market, been undertaken predominantly by private investors and it is expected that this will remain the case. However, the achievement of the Digital Agenda targets will require investment in areas for which there is not a clear business case or where a business case may need to be enhanced within the time frame of the targets. The following types of areas can be characterized on the basis of the likely investment:
Amendment 213 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 4
Annex 1 – section 2 – paragraph 4
Rural and lowreas, low density areas and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density, areasnd island, cross- border and mountain regions, are typically served with low speed connections and in some cases even not served at all. The business case for investment is unlikely to be viable and the European targets are unlikely to be reached by 2020. Investment in these areas needs higher financial support, provided by grants, possibly in combination with financial instruments. Such areas will include remote and sparsely populated regions where investment costs are either very high or where income is low. The support from the Connecting Europe Facility in these areas is likely to complement available cohesion funds or rural development and other direct public support.
Amendment 216 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 5
Annex 1 – section 2 – paragraph 5
High density/urban areas – with the exception of some low income regions - are typically well served with medium to fast speed connections, often provided by competitive offerings of cable and telecom operators. Yet because of this relatively satisfactory situation the market incentives to invest in very high speed networks such as fibre to the home are limited. Thus financial support may be also envisaged to investments in urban areas with dense populations which do not attract sufficient investment despite societal benefits it would generate, provided that it is in full compliance with Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union, as well as, if relevant, with the Community Guidelines for the application of state aid rules in relation to rapid deployment of broadband networks.
Amendment 223 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 6
Annex 1 – section 2 – paragraph 6
In less -developed regions, the support to the deployment of broadband networks should be provided primarily through adequate own resources or, if this is not possible, the instruments of Structural and Cohesion funds. Grants and / or financial instruments from the Connecting Europe Facility may complement such support where necessary to achieve the objectives of this Regulation. The achievement of synergies between the CEF actions in those regions and the support from the Structural and Cohesion Funds may be reinforced by using an appropriate coordination mechanism.
Amendment 235 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 9 – point a
Annex 1 – section 2 – paragraph 9 – point a
(a) Support investments in broadband networks capable of achieving the Digital Agenda 2020 target of universal coverage at 30Mbps; orand
Amendment 239 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 9 – point b
Annex 1 – section 2 – paragraph 9 – point b
(b) Support investments in broadband networks capable of achieving the Digital Agenda 2020 target and of having at least 5075 % of households subscribing to speeds above 100Mbps;
Amendment 9 #
2011/0273(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A single audit authority should be responsible for carrying out all functions listed in Article 116 of Regulation (EU) No […]/2012 [CPR] in order to ensure uniform standards across the whole programme area. Where this is not possible, a group of auditors should be able to assist the programme audit authority. The application of international audit standards should be required to ensure an adequate level of quality of the audit work.
Amendment 11 #
2011/0273(COD)
Proposal for a regulation
Article 18
Article 18
Staff costs of an operation may be calculated as a flat rate of up to 15 20% of the direct costs other than the staff costs of that operation.
Amendment 12 #
2011/0273(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. For the purposes of Articles 113(1) and (2) of Regulation (EU) No […]/2012 [CPR], Member States participating in a cooperation programme shall appoint a single managing authority and, for the purpose of Article 113(4) of that Regulation, a single audit authority, which shall be situated in the same Member State. The Member States taking part in the territorial cooperation programme may designate the sole managing authority as certifying authority.
Amendment 13 #
2011/0273(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
Those controllers shall, where possible,may be the same bodies responsible for carrying out such verifications for the operational programmes under the Investment for growth and jobs goal or, in the case of third countries, for carrying out comparable verifications under external policy instruments of the Union.
Amendment 14 #
2011/0273(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Reports from the audit authority shall be forwarded to the national supervisory bodies of states taking part in the territorial cooperation programme and to the European Court of Auditors.
Amendment 20 #
2011/0272(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular the third subparagraph of Article 175, in conjunction with Articles 209(1) and 212(1) thereof,
Amendment 21 #
2011/0272(COD)
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Having regard to Articles 209(1) and 212(1) of the Treaty on the Functioning of the European Union,
Amendment 22 #
2011/0272(COD)
Proposal for a regulation
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Regulation (EC) No 1082/2006
Article 3 –paragraph 1 – subparagraph 1 – point a
Article 3 –paragraph 1 – subparagraph 1 – point a
(a) Member States or public authorities or entities delegated responsibility for public services at national level;
Amendment 23 #
2011/0272(COD)
Proposal for a regulation
Article 1 - point 6
Article 1 - point 6
Regulation (EC) No 1082/2006
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall keep a public register of EGTCs, showing their names, the addresses of their registered offices, their purpose, the particulars and addresses of their directors and a list of the names and addresses of their members.
Amendment 24 #
2011/0272(COD)
Proposal for a regulation
Article 1 – point 12 – subpoint b
Article 1 – point 12 – subpoint b
Regulation (EC) No 1082/2006
Article 12 – paragraph 2a –subparagraph 2
Article 12 – paragraph 2a –subparagraph 2
Amendment 25 #
2011/0272(COD)
Proposal for a regulation
Article 1 – point 12 – subpoint b
Article 1 – point 12 – subpoint b
Regulation (EC) No 1082/2006
Article 12 – paragraph 2a – subparagraph 4
Article 12 – paragraph 2a – subparagraph 4
Amendment 26 #
2011/0272(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. EGTCs established before the entry into force of this Regulation are not obliged to align their convention and statutes with the provisions of this Regulation as amended, within one year of its publication. Failing that, any provisions of their convention and statutes that infringe this Regulation shall be declared null and void.
Amendment 27 #
2011/0272(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force following its publication in the Official Journal of the European Union. It shall be made available in consolidated form within three months of its entry into force.
Amendment 28 #
2011/0272(COD)
Proposal for a regulation
Annex – paragraph 1
Annex – paragraph 1
Amendment 123 #
2011/0254(NLE)
Article 19 – paragraph 5 a (new)
5a. As regards EU citizens, the information requirements laid down in this Directive shall be met in one of the official languages of the European Union in such a way that each citizen understands the information provided.
Amendment 168 #
2011/0254(NLE)
Article 32 – paragraph 1 – introductory part
Member States shall require the undertaking to consult an independent radiation protection expert on the examination and testing of protective devices and measuring instruments, in particular for:
Amendment 246 #
2011/0254(NLE)
Article 81 – paragraph 1 – subparagraph 2
Member States shall lay down provisions to ensure the continuity of expertise and independence of these services and experts.
Amendment 259 #
2011/0254(NLE)
Article 107 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [00.00.0000] at the latest. The provisions laid down in Chapter IX with regard to the protection of the environment shall be transposed by [00.00.0000] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. The Commission shall report on those communications to the European Parliament.
Amendment 261 #
2011/0254(NLE)
Article 107 – paragraph 2
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. A summary of those communications shall be drawn up by the Commission, which shall forward it to the European Parliament.
Amendment 80 #
2011/0187(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Therefore rules should be introduced to mandate the obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services. Such requests should be proportional and in line with the needs of those seeking access, be they mobile network operators, virtual mobile network operators or retailers. They should only be refused on the basis of objective and duly substantiated criteria, which should be determined on a case by case basis by the national regulatory authorities following the dispute resolution procedure referred to in Article 17. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services would avoid distortions between Member States.
Amendment 91 #
2011/0187(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution in roaming services will require a reasonable period for operators to adapt at the technical level, and therefore will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those services at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could. These price caps should also take into account the objectives set out in Article 8 of the 'framework' directive, in particular the need to promote effective investment and innovation, as well as those set out in the Commission communication of 26 August 2010 on a digital agenda for Europe COM(2010)0245), in particular broadband coverage and the potential contribution of mobile networks thereto. The price caps could subsequently be removed.
Amendment 93 #
2011/0187(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Operators charging roaming tariffs which are substantially similar to domestic rates should be exempt from the obligation to provide for the separate sale of roaming services, this exemption being subject to mobile coverage obligations imposed by the Member States.
Amendment 99 #
2011/0187(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to the part of the tariff that is charged for the provision of value added services.
Amendment 120 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ‘home provider’ means an undertakingoperator that provides a customer with Union-wide roaming services either via its own network or as a mobile virtual network operator or reseller; this includes any other roaming service provider;
Amendment 121 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) ‘Union-wide roaming’ means the use of a mobile telephone or other device by a roaming customer to make or receive intra- Union calls, to send or receive SMS messages, or to use packet switched data communications, while in a Member State other than that in which that customer's home network is located, by means of arrangements between the operator of the home network and the operator of the visited network;
Amendment 127 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) ‘'direct wholesale roaming access’' means the making available of facilities and/or services to another undertakingby the visited network operator to an operator, under defined conditions, for the purpose of providing roaming services to retail customers;
Amendment 136 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)
Article 2 – paragraph 2 – point o a (new)
(oa) 'wholesale roaming resale' means the sale of wholesale roaming access by an operator different from the visited network operator, usually covering several visited networks in several Member States;
Amendment 143 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Mobile network operators shall meet all reasonable requests for direct wholesale roaming access from any operator, including those from mobile virtual network operators and resellerswholesale resellers, as well as all reasonable requests for wholesale roaming resale from any mobile virtual network operator or retail reseller that they host. Rules on regulated wholesale roaming tariffs laid down in Articles 6, 8 and 11 shall apply for the provision of wholesale roaming access.
Amendment 149 #
2011/0187(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. WDirect wholesale roaming access request shall be granted within a two month period from the receipt of the request by the network operator. The access should be implemented in a reasonable period of time and less than six months.
Amendment 155 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. HWith effect from 1 March 2014, home providers shall enable their subscribcustomers to access voice, SMS and data roaming services of any interconnected alternative roaming provider who has been granted access in order to provide separate roaming services, as provided for in Article 5.
Amendment 158 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 July 2014Before the date mentioned in paragraph 1, home providers shall inform all their roaming customers of the possibility to unsubscrin a clear, comprehensive and easily accessible from their existing roaming services andorm about the possibility to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period, temporarily or permanently. Roaming customers shall have the right to opt for an alternative roaming provider at any moment, temporarily or permanently, in line with paragraphs 3 and 4.
Amendment 160 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider, or between alternative roaming providers, shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within five working daya reasonable period of time defined in the guidelines laid down by BEREC with regard to an harmonized solution for the separate provision of roaming services, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
Amendment 171 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
Amendment 191 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities are in place by 1 JulyMarch 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ onshall meet reasonable requests for access to, and use of, corresponding specific network elements and associated facilities such as the access to the same SIM card andor the use of the same terminal alongside domestic mobile services. Pricing for interconnectionwholesale access related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 200 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to a harmonised technical solutions relating to the facility for separate roaming services and to harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. solution for the separate provision of roaming services. This solution shall observe objective criteria and minimum requirements including in particular meet the following essential requirements: - simultaneous implementation of the technical solutions across the Union; - ability for end-users to keep their existing mobile phone number; - easy and quick switch for end-users to an alternative roaming provider and between alternative roaming providers while retaining their domestic operator; - technical ability for Union citizens to continue roaming in third countries and for third-country citizens to continue roaming in the Union; - technical feasibility, - proportionality of costs incurred by each party, - impact on competition (both at retail and wholesale levels), - network integrity (including user authentication and identification) and - protection of commercial and personal data held by operators. The BEREC guidelines should in particular cover technical aspects relating to the facility for separate roaming services and harmonised procedures to change the provider of roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. BEREC shall keep the guidelines under review and, taking into account their practical application, issue revised guidelines if necessary to achieve the essential requirements in a more effective or efficient manner.
Amendment 202 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
Where access is refused, the aggrieved party may submit the case to the dispute resolutions procedure referred to in Articles 20 and 21 of Directive 2002/21/EC. When settling such a dispute, national regulatory authorities shall take the utmost account of BEREC guidelines, as provided for in Article 3 of Regulation 1211/2009 and, if applicable, implementing acts.
Amendment 203 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
When all the offers of an operator meet the conditions set up in article 4(6a), requests brought to this operator by other operators for access to, and use of, corresponding specific network elements and associated facilities for the purpose of separate sale of roaming services, as described in paragraphs 1 to 6 of Article 4 , may be turned down.
Amendment 204 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 4 c (new)
Article 5 – paragraph 4 c (new)
For the purposes of ensuring the uniform implementation of paragraph 3, the Commission, taking utmost account of the guidelines of BEREC, may adopt implementing acts to further harmonize practical modalities allowing the separate sale of roaming services. These possible implementing acts shall be adopted in accordance with the examination procedure referred to in Article 5a(2).
Amendment 205 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 4 d (new)
Article 5 – paragraph 4 d (new)
The Commission shall be assisted by the Communications Committee established by Article 22 of Directive 2002/21/EC. That committee shall be a committee within the meaning of Regulation 182/2011. Where reference is made to this paragraph, Article 5 of Regulation 182/2011 shall apply.
Amendment 238 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,32 per minute for any call made or EUR 0,11 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,28 and EUR 0,2418 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,10 on 1 July 2013 , and to EUR 0,08 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 20167.
Amendment 262 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 shall decrease to EUR 0,09 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 20167.
Amendment 297 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,90 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,530, per megabyte used until 30 June 20167.
Amendment 2 #
2011/0177(APP)
Motion for a resolution
citation 8a (new)
citation 8a (new)
- having regard to the article 10 of Protocol No 1 on the role of national parliaments in the European Union annexed to the Treaty on European Union, to the Treaty on the Functionning of the European Union and to the Treaty establishing the European Atomic Energy Community;
Amendment 74 #
2011/0177(APP)
Motion for a resolution
Paragraph 19a (new)
Paragraph 19a (new)
19a. Proposes that the European Union negotiates with Member States and regional authorities a great infrastructures investment plan: transport, energy, digital, water, space, health, universities, research etc. This plan will be a demonstration of European confidence our continent, an element of economic growth through investments and will reinforce the European solidarity by ensuring equal access to these facilities for each citizen;
Amendment 124 #
2011/0177(APP)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Proposes that the budget of the European Union includes a investment section which enable programming multiannual investment projects, especially those which on several MFF;
Amendment 129 #
2011/0177(APP)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Suggests that an independent audit is conducted on the effectiveness of public spending on three levels: national, regional, and European in the perspective, for example, of a pooling resources, including cost savings in the area of defense, development policy, diplomacy and the European External Action service, scientific research etc...; suggest that this independent audit is conducted by the European Court of Auditors and the 27 national Court of Auditors; this audit report, written in all european official languages, should serve as a basis for a political debate between national parliaments and the European Parliament;
Amendment 163 #
2011/0177(APP)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Stresses the need for an obligatory mid- term revision to be enshrined in the MFF regulation, with a specific procedure including a binding calendar ensuring the full involvement of the next Parliament, the next European Commission, and the next President of the European Council; considers that the Commission should table a legislative proposal enabling the revised MFF to be adopted in time for the 2018 budgetary procedure;
Amendment 164 #
2011/0177(APP)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Considers that the mid-term review is more than necessary due to the fact that Member States will have had the time to ratify the treaty on stability, coordination and economic governance, and that they will have had the time to balance their public finances, and that a new growth will give new perspectives with a greater visibility on the financial transaction tax and the own resources of the European Union;
Amendment 42 #
2011/0150(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The advisory procedure should be used for the implementing decisions with respect to the annual European standardisation work programme and for the implementing decisions concerning the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.
Amendment 43 #
2011/0150(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The examination procedure should be used, in the event of standardisation requests being forwarded to European standardisation bodies and of recognition of technical specifications in the field of information and communication technology, for the implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were already published in the Official Journal of the European Union, given that such decisions could have consequences on the presumption of conformity with the applicable essential requirements.
Amendment 45 #
2011/0150(COD)
Proposal for a regulation
Article 2 – point 1 – introductory part
Article 2 – point 1 – introductory part
(1) ‘standard’ means a technical specification, approved by a recognised standard-setting body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:
Amendment 46 #
2011/0150(COD)
Proposal for a regulation
Article 2 – point 1 – point c
Article 2 – point 1 – point c
(c) ‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonlegislation legislatand the references for which are published in the Official Journal of the European Union;
Amendment 47 #
2011/0150(COD)
Proposal for a regulation
Article 2 – point 4
Article 2 – point 4
(4) ‘technical specification’ means a specification contained in a document which lays down one of the following: (a) the characteristics required of a product including levels of quality, performance, interoperability, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; (b) production methods and processes used in respect of agricultural products as referred to Article 38(1) of the Treaty, products intended for human and animal consumption, and medicinal products, as well as production methods and processes relating to other products, where these have an effect on their characteristics; (c) the characteristics required of a service including levels of quality, performance, interoperability, safety, including the requirements applicable to the provider as regards the information to be made available to the recipient, as referred to in Article 22(1) to (3) of Directive 2006/123/EC; (d) the methods and the criteria for assessing the performance of construction products, as defined in Article 2(1) of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC, in relation to their essential characteristics.document setting out the technical requirements a product, a process or a service shall meet;
Amendment 64 #
2011/0150(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the public interest and based on consensus. This request shall be approved in accordance with the examination procedure referred to in Article 18(3), after consultation with the monitoring committee for the corresponding directive for the sector. (The wrong numbering in the French version of the Commission proposal should be corrected.)
Amendment 70 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Theis decision referred to in paragraph 2(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 18(2), after consultation with the monitoring committee for the corresponding directive for the sector.
Amendment 71 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The decision referred to in paragraph 2(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 18(3), after consultation with the monitoring committee for the corresponding directive for the sector.
Amendment 11 #
2011/0046(NLE)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The design and implementation of the Framework Programme (2012 - 2013) should be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust following the recommendations of the European Parliament in its Report on simplifying the implementation of the Research Framework Programmes.
Amendment 66 #
2011/0046(NLE)
Proposal for a decision
Annex II – paragraph 1 a (new)
Annex II – paragraph 1 a (new)
The management of European research funding should be more trust-based and risk-tolerant towards participants at all stages of the projects, while ensuring accountability, with flexible EU rules to improve alignment, where possible, with existing different national regulations and recognised accounting practices;
Amendment 67 #
2011/0046(NLE)
Proposal for a decision
Annex II – paragraph 1 b (new)
Annex II – paragraph 1 b (new)
It is necessary to strike a balance between trust and control – between risk taking and the dangers that risk involves – in ensuring the sound financial management of Union research funds.
Amendment 7 #
2011/0045(NLE)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The design and implementation of the Framework Programme (2012-2013) should be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust following the recommendations of the European Parliament in its report on simplifying the implementation of the Research Framework Programmes.
Amendment 13 #
2011/0045(NLE)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. All stages of the process should be optimised in order to avoid delay and encourage cost-effectiveness. That involves access to draft work programmes, publication of calls for proposals, drafting of proposals, the selection procedures and the time taken to approve and to pay grants.
Amendment 15 #
2011/0045(NLE)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – point e
Article 30 – paragraph 3 – subparagraph 1 – point e
e) they must be exclusive of non-eligible costs, in particular identifiable indirect taxes including non-recoverable value added tax, duties, interest owed, provisions for possible future losses or charges, exchange losses, cost related to return on capital, costs declared or incurred, or reimbursed in respect of another Union project, debt and debt service charges, excessive or reckless expenditure, and any other cost that does not meet the conditions referred to in points (a) to (d).
Amendment 7 #
2011/0044(NLE)
Proposal for a decision
Recital 6 a (new)
Recital 6 a (new)
(6a) The implementation of the Framework Programme (2012 - 2013) should be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust following the recommendations of the European Parliament in its Report on simplifying the implementation of the Research Framework Programmes.
Amendment 8 #
2011/0044(NLE)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10a) The management of Union research funding should be more trust-based and risk-tolerant at all stages of the projects, while ensuring accountability, with flexible Union rules.
Amendment 28 #
2011/0044(NLE)
Proposal for a decision
Annex – section 3 – point 3.2 – point 3.2.1
Annex – section 3 – point 3.2 – point 3.2.1
Nuclear safety and the reliability of operating installations is permanently subject to optimisation in order to meet the new challenges posed by market liberalisation, extended plant operation, and the so-called nuclear industry ‘renaissance’. In order to maintain and improve the safety level of both Western and Russian-type nuclear power plants, advanced and refined safety assessment methodologies and corresponding analytical tools have to be extended and validated. Targeted experimental investigations are carried out at the JRC to improve the understanding of the underlying physical phenomena and processes in order to enable validation and verification of deterministic and probabilistic safety assessments, based on advanced modelling of plant processes (reactivity and thermal-hydraulic), of components under operational loads/ageing, and of human and organisational factors. The JRC will also continue to play a central role in the establishment and operation of the European Clearinghouse for Operational Experience Feedback for the benefit of all Member States. It will provide topical reports on specific plant issues and facilitate the efficient sharing and implementation of operational experience feedback to improve the safety of nuclear power plants, for the benefit of all European regulators. In view of the growing importance of decommissioning of nuclear reactors and the associated expanding market and engineering aspects, the JRC will also enhance its scientific expertise in the field. It will include in its programme key aspects on research and training of experts on decommissioning of reactors (methodologies, on-the-job training, and scientific background).
Amendment 12 #
2011/0043(NLE)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) The design and implementation of the Framework Programme (2012 - 2013) should be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust following the recommendations of the European Parliament in its Report on simplifying the implementation of the Research Framework Programmes.
Amendment 32 #
2010/2301(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the need for reciprocity, in particular as regards access to public procurement and to business finance;
Amendment 47 #
2010/2301(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the EU and China to develop partnerships in relation to R&D and industrial cooperation in the various growth areas within the green economy, such as recycling, efficient management of rare earth elements throughout the economic cycle, renewable energies and energy efficiency, and takes the view that the EU should step up its partnership with China on the ITER project.
Amendment 2 #
2010/2248(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the time has come for strategic long-term investment in Europe to be substantially increased; in this respect asks for: -more transparency of the bank's activities towards the European Parliament -clear accountability towards the European Parliament by the EIB -targeted use of financial instruments;
Amendment 6 #
2010/2248(INI)
Draft opinion
Paragraph 5 – point ii
Paragraph 5 – point ii
ii) or, failing that and on the basis of a voluntary approach by the EIB, carried out by the European Banking Authority orwith or without the participation of one or more national regulators, or by an independent auditor;
Amendment 9 #
2010/2248(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Proposes that the Commission should entrust, in cooperation with the EIB, in view of the quality of its human resources and its experience of financing major infrastructure, withshould perform the task of conducting a strategic reflection on investment funding without ruling out any possible scenario, including: subsidies, the release of sums subscribed by the Member States to the EIB's capital, subscriptions by the European Union to the capital of the EIB, loans, innovatory instruments, financial engineering tailored to long-term projects which are not immediately profitable, the development of guarantee systems, the creation of an investment section within the Union budget, financial consortia between European, national and local authorities, public-private partnerships, etc.
Amendment 12 #
2010/2248(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the EU-Budget guarantees in the end of 2009, have reached an amount of 19.2 Billion EUR for loans granted by the EIB; underlines that this amount for the EU-Budget non- neglectable and expects a detailed explanation on the risk involved; takes the view that the EIB should also explain the appropriation of the interest in loan resulting from this high amount of guarantees;
Amendment 13 #
2010/2248(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks to explain the detailed administration fee, the EIB received from the EU-Budget;
Amendment 18 #
2010/2248(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the EIB to remunerate, at the average rate of remuneration of guarantees observed on the financial market, the guarantee which the European Union provides for it in the event of losses arising from loans and guarantees for the benefit of projects implemented outside the Union; considers that the guarantee which the Union provides to the EIB, and its remuneration, should be subject to auditing by the Court of Auditors;
Amendment 19 #
2010/2248(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates its proposal for the European Union to be able to become a member of the EIB;
Amendment 7 #
2010/2247(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that fraud is an example of purposeful wrongdoing and is a criminal offence, and that an irregularity is a failure to comply with a rule; regrets that the Commission’s report fails to consider fraud in detail and deals with irregularities very broadly; points out that Article 325 of the Treaty on the Functioning of the European Union relates to fraud, not irregularities, and calls for a distinction to be made between fraud and errors or irregularities;
Amendment 15 #
2010/2247(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
1. Reiterates its regret – given the serious doubts about the quality of the information provided by the Member States – that the Commission puts more effort into convincing Parliament about the need to introduce a ‘tolerable risk of error’ than into persuading Member States of the need for mandatory national management declarations duly audited by the national audit office and consolidated by the Court of Auditors; calls on the Commission, in cooperation with the Member States and by drawing up an appropriate report in line with the Treaty, to provide Parliament with a reasonable assurance that this objective has been attained and that action to combat fraud is being carried out properly;
Amendment 24 #
2010/2206(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to diversify the portfolio of tourism services in Europe; calls fstresses the need to make tourism less seasonal, which is a key factor ain EU-wide promotion of tourism in EU and for enhanced cooperation between Member States when promoting tourismthe competitiveness of the European tourism sector; calls for the launching of a large- scale campaign to promote European tourism in Europe and at world level and for enhanced cooperation between Member States when promoting tourism, whilst respecting the wish of national and local destinations to communicate on their own behalf;
Amendment 38 #
2010/2206(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers, in view of demographic changes, that the health and wellness tourism has the biggest potential to undergo a significant growth in the future; believes that a European certified system of quality standards and controls in this field such as a ´blue cross system´ for medical or wellness facilities, e.g. in hotels offering health treatments like health-checks, would significantly improve the competitiveness of European health tourism; proposes in this context that spa activities be developed in order to make this area a European speciality;
Amendment 150 #
2010/2143(DEC)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Stresses that real savings could be achieved if Parliament only had one seat; indeed, in the report of the Secretary- General on Parliament's preliminary draft estimates for 2011, the estimated annual cost arising from the geographical disDraws attention to the Sole Article, point (a), of Protocol (No 6) to the Treaty on the Functioning of the European Union, which states that ‘The European Parliament shall have its seat in Strasbourg where the 12 periods of monthly plenary sessions, including the budget session, shall be held. The persionds of Parliament has been estimated at around EUR 160 000 000, accounting for about 9% of Parliament's total budget; draws the attention to the fact that currently the decision to change this situation - and to make some EUR 160 000 000 of savings annually as well as to considerably lessen Parliament's carbon footprint - lies exclusively with the European Council (Member States)additional plenary sessions shall be held in Brussels. The committees of the European Parliament shall meet in Brussels. The General Secretariat of the European Parliament and its departments shall remain in Luxembourg’; observes, however, that savings could be achieved if Parliament only had one place of work; indeed, in the report of the Secretary- General on Parliament's preliminary draft estimates for 2011, the estimated annual cost arising from the geographical dispersion of Parliament has been estimated at around EUR 160 000 000;
Amendment 25 #
2010/2142(DEC)
Proposal for a decision on the closure of the accounts of the general budget of the European Union for the financial year 2009, Section III – Commission
Paragraph 1 a
Paragraph 1 a
1a. Sets out its observations in the resolution that forms an integral part of the Decisions on the discharge for implementation of the European Union general budget for the financial year 2009, Section III – Commission and executive agencies;
Amendment 28 #
2010/2142(DEC)
Motion for a resolution
Recital A
Recital A
A. whereas the Barroso I Commission had a strategic objective to obtain an unqualified positive statement of assurance from the Court of Auditors by 2009 and whereas this objective which was not achieved has been reconfirmed for the current mandate,
Amendment 30 #
2010/2142(DEC)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 33 #
2010/2142(DEC)
Motion for a resolution
Recital H
Recital H
H. whereas independent, sovereign states - not regions - are members of the Union and whereas the state, even if its structure is federal, bears a responsibility to the outside world and the Union,
Amendment 37 #
2010/2142(DEC)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas, in its resolution of 11 November 2010 on simplifying the implementation of the Research Framework Programmes1, Parliament expressed its views concerning certain difficulties relating to monitoring and certification of research, ___________ 1 Texts adopted, P7_TA(2010)0401.
Amendment 44 #
2010/2142(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores the fact that the Council delivered its opinion belatedly;
Amendment 45 #
2010/2142(DEC)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers it abnormal for the annual accounts to be presented with negative own capital of EUR 44 700 000 000 and wonders whether the amounts to be requested from Member States should not be entered as assets, given that the estimated EUR 37 000 000 000 in staff pensions is clearly a commitment; notes the explanations provided by the Commission's Accounting Officer to the effect that international accounting standards applicable to the public sector have been complied with; proposes that consideration be given to creating a Union pension fund to externalise financial commitments of this kind concerning staff;
Amendment 47 #
2010/2142(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Court of Auditors to provide it, in future, with a single declaration of assurance as to the legality and regularity of the underlying transactions, pursuant to the second subparagraph of Article 287(1) of the Treaty on the Functioning of the European Union, in the same way as it does for the reliability of the accounts;
Amendment 53 #
2010/2142(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls, therefore, pursuant to Article 287(3) of the Treaty on the Functioning of the European Union, as regards shared-management controls, for cooperation to be stepped up between national audit bodies and the European Court of Auditors; proposes examination of the possibility of national audit bodies, in their capacity as independent external auditors, and with due regard for international audit standards, issuing national audit certificates for the management of Union funds, which would be submitted to Member State governments with a view to being produced during the discharge process in accordance with an appropriate interinstitutional procedure to be introduced;
Amendment 54 #
2010/2142(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the Member States have primary responsibility for day-to-dayshared management and control of Union expenditure and that national bodies initiate and process files for Union financial support and validate the reimbursement claims presented to the Commission;
Amendment 62 #
2010/2142(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that the most likely error rate estimated by the Court of Auditors for the policy group 'Cohesion' (EUR 23 081 000 000 reimbursed certified expenditure) is above 5 %, although Parliament does not know the exact error rate;
Amendment 109 #
2010/2142(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Court of Auditors, pursuant to the second subparagraph of Article 287(4) of the Treaty on the Functioning of the European Union, to deliver an opinion on the quality of the national audit authorities as regards shared management, with particular reference to technical expertise and independence;
Amendment 117 #
2010/2142(DEC)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
Amendment 133 #
2010/2142(DEC)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls for a study of the distinction between the materiality threshold, which is associated with the holding of an audit and therefore subject to assessment by the Court of Auditors, and the acceptable error rate, which is a concept associated with internal audits for which the Commission is responsible;
Amendment 136 #
2010/2142(DEC)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Proposes that the Commission split the hierarchical power between people with accounting responsibility and those responsible for transferring funds in application of the customary rules on security and separation of powers for internal control in treasury management;
Amendment 146 #
2010/2142(DEC)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Calls on the Court of Auditors to verify that the number of samples (for example 180 samples for cohesion policy, 241 samples for agricultural and natural resources policy) genuinely accords with customary audit techniques, which make it possible to attain acceptable assurance levels;
Amendment 161 #
2010/2142(DEC)
Motion for a resolution
Paragraph 47 – indent 3 a (new)
Paragraph 47 – indent 3 a (new)
- calls for a definition of Parliament’s political scrutiny of any euro-bond issue, in general, and of the permanent crisis mechanism in particular;
Amendment 175 #
2010/2142(DEC)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Welcomes the fact that the Commission has succeeded in bringing the error rateerror rate has been brought down to around 2 % in recent years;
Amendment 217 #
2010/2142(DEC)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Recalls that FP6 beneficiaries' cost statements submitted for reimbursement shall be accompanied by an audit certificate issued by an independent auditor certifying that (s)he has reasonable assurance that the declared costs meet the eligibility requirements; draws attention to the fact that, by the Commission’s own admission, the acceptability criteria adopted for obtaining certification are too restrictive;
Amendment 221 #
2010/2142(DEC)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Invites the Commission to ensure that the independent auditors who have incorrectly certified cost statements are made aware of the eligibility criteria for declared costs, to review the operation of the system for the certification of beneficiaries' costing methodologies, to reduce the backlog in recovering undue amounts paid and to impose sanctions where necessary, to further simplify the research funding rules and to ensure full accountability for the proper use of Union money;
Amendment 224 #
2010/2142(DEC)
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88a. Reiterates its call on the Commission to provide legal certainty by refraining from applying a stricter definition of the rules for participation retroactively and by refraining from asking recipients to recalculate financial statements already approved by Commission services, hence reducing the need for ex-post audits and retroactive corrections; asks the Commission rapidly to resolve prior situations arising from inspections in progress, acting with discernment and respect for the principles of sound financial management; recommends that disputes regarding such prior situations be resolved by agreement between all parties, based for example on an independent re-audit and/or with the intervention of an ad hoc independent mediator;
Amendment 273 #
2010/2142(DEC)
Motion for a resolution
Subheading 18 a (new)
Subheading 18 a (new)
Reform of the current discharge procedure
Amendment 274 #
2010/2142(DEC)
Motion for a resolution
Paragraph 114 a (new)
Paragraph 114 a (new)
114a. Calls on the Commission to organise an interinstitutional discussion involving at the initial phase, at the highest level, representatives of the Council, of the Commission, of the Court of Auditors and of Parliament, and in the second phase representatives from the Member States, of national parliaments and supreme audit institutions, with a view to embarking on a comprehensive debate on the current discharge procedure system;
Amendment 275 #
2010/2142(DEC)
Motion for a resolution
Paragraph 114 b (new)
Paragraph 114 b (new)
114b. Calls on the Commission to put forward proposals for reducing the periods involved in the discharge process, so that the vote in plenary can be held in the year following the financial year under review; encourages the Court of Auditors and all institutions to shorten and strengthen the discharge procedure, making it more transparent and understandable to Union taxpayers;
Amendment 281 #
2010/2142(DEC)
Motion for a resolution
Paragraph 119 – indent 3 a (new)
Paragraph 119 – indent 3 a (new)
- proposes that the substance of the national declaration should comply with international auditing standards and should assist the audit by the Court of Auditors, drawing inspiration in particular from the declarations by authorities to which management power is delegated;
Amendment 304 #
2010/2142(DEC)
Motion for a resolution
Paragraph 132 – indent 3 a (new)
Paragraph 132 – indent 3 a (new)
- proposes that the Commission, in cooperation with the Court of Auditors, study a procedure with a view to obtaining an overall declaration of assurance for each Financial Perspective and, pending a legal basis to make such a procedure mandatory, that it apply it voluntarily;
Amendment 11 #
2010/2104(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recognises the importance of sound and transparent management of financial resources, with appropriate external supervision, to ensure fair competition on the energy market; considers that, for the purpose of awarding contracts, it would be desirable to apply a criterion of Community reciprocity for the benefit of European enterprises, with the application in particular of the principles set forth in Article 58 of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating, inter alia, in the energy sector;
Amendment 6 #
2010/2079(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, despite improvements in respect of the extreme complexity of FP6, the current management of FP7 is still characterised by excessive bureaucracy, low risk tolerance, poor efficiency and undue delays that act as a clear disincentive to the participation of the research community, academia, businesses and industry (especially SMEs),
Amendment 13 #
2010/2079(INI)
Motion for a resolution
Recital F
Recital F
F. whereas result-based fundingfunding based on results alone might limit the scope of the research projects to less risky projects and research orientated towards the market, something that would hamper the EU in pursuing excellence and frontier research,
Amendment 15 #
2010/2079(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the design and implementation of the current FP7 and future Framework Programmes must be based on the principles of simplicity, stability, transparency, legal certainty, consistency, excellence and trust,
Amendment 16 #
2010/2079(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the numerous controls of research bodies in Europe being carried out by the Commission in accordance with the current non-simplified rules must be rapidly concluded in order to retain the trust of the bodies concerned,
Amendment 23 #
2010/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that any simplification process should be carefully deployed within the current FP7 to maintain stability, consistency and legal certainty for the participants and that the Commission should take account of the extreme complexity of previous framework programmes, in particular FP6, in ruling on the findings of ex post audits undertaken by it;
Amendment 26 #
2010/2079(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that EU monitoring and financial control should be primarily aimed at safeguarding public funds and combating fraud, whilst distinguishing clearly between fraud and errors; asks the European Anti-Fraud Office (OLAF) to refrain from initiating criminal proceedings until fraud has been detected, while respecting the presumption of innocence;
Amendment 58 #
2010/2079(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Proposes, for example, a tacit approval procedure in order to facilitate modification of the grant award agreement, particularly in order to take account of changes in the composition of consortia or their administrative and financial configuration;
Amendment 63 #
2010/2079(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Requests further clarification on the definition of eligible costs (such as taxes and charges in personnel costs, in particular sick leave and maternity leave), as well as on the question whether VAT can be covered under eligible costs; requests further clarification on procedures related to exchange rates for partners using different currencies;
Amendment 65 #
2010/2079(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to present more precise, consistent and transparent rules of procedure for audits, including rules and principles ensuring that the rights of the audited body are respected and that all parties are heard, and to report on the cost/benefit ratio of the audits;
Amendment 69 #
2010/2079(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to provide legal certainty by refraining from applying any rules for participation retroactively and by refraining from recalculating financial statements already approved, hence reducing the need for ex-post audits and retroactive corrections; asks the Commission rapidly to resolve prior situations arising from inspections in progress, acting with discernment and respect for the principles of sound financial management; recommends that disputes regarding such prior situations be resolved by agreement between all parties, based for example on an independent re-audit and/or with the intervention of an ad hoc independent mediator;
Amendment 70 #
2010/2079(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to provide legal certainty by refraining from applying any rules for participation retroactively and by refraining from asking recipients to recalculatinge financial statements already approved, hence reducing the need for ex- post audits and retroactive corrections;
Amendment 73 #
2010/2079(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Proposes the introduction of a response procedure under which, in the absence within a deadline to be established of any reaction from the Commission to information received, the latter shall be considered as validated by the Commission;
Amendment 74 #
2010/2079(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Asks that information of a general nature and that relating to the organisation and accounting procedures of recipients may be required once only, however many audits are carried out;
Amendment 75 #
2010/2079(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Proposes the use of electronic signatures for the preparation of files;
Amendment 76 #
2010/2079(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Asks that the status and legal nature of documentation and requirements formulated by the Commission and its services in its relations with project organisers and recipients (mails, e-mails, unsigned communications, guidelines ...) be established with great precision;
Amendment 78 #
2010/2079(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Regards as inadequate, save in exceptional and duly justified circumstances, the general use of lump sums such as negotiated project- specific lump sums or pre-defined lump sums per project; favours instead the ‘high- trust’ approach tailor-made for frontier research; recommends launching pilot tests of the ‘result-based funding’ with project- specific lump sums paid against agreed output/results for research and demonstration projects in specifically challenging areas;
Amendment 80 #
2010/2079(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Favours instead a ‘science-based’ funding system, with emphasis on scientific/technical criteria and peer review based on excellence, relevance and impact, with simplified and efficient financial control, respecting the right of all sides to be heard; believes that this science-based approach will entail a major shift from the financial to the scientific/technical side with regard to control mechanisms; considers that this approach allows stakeholders to focus their efforts on their core competences, on scientific matters and on the construction of the ERA;
Amendment 6 #
2010/0395(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The rules governing interest generated by pre-financing should be simplified as they generate excessive administrative burden on both recipients of Union funds and Commission services and create misunderstandings between the Commission services and operators and partners. For reasons of simplification, in particular in respect of grant beneficiaries, and in line with the principle of sound financial management, there should no longer be an obligation to generate interest on pre-financing and to recover such interest on pre-financing should be lifted immediately. However, it should be possible to include such obligation in a delegation agreement in order to allow the re-use of interests generated by prefinancing for the programmes managed by some delegates, or its recovery.
Amendment 8 #
2010/0395(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) Lump sums and flat rates should be used on a voluntary basis and only applied where appropriate. The terminology in use on flat rates and lump sums should be clarified.
Amendment 9 #
2010/0395(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) As regards the implementation of the financial rules in the field of research, the overall trend towards result-based funding (essentially justified by the principles of sound accountability) is deeply concerning and has a negative impact on the quality and nature of research, with possible constraints on scientific research, as well as a negative impact on projects with non-measurable objectives or with an objective measurable using parameters other than that of immediate utility. A further use of result- based funding may negatively influence the potential outcome in terms of further ex-ante and ex-post evaluation of project output/results and pinpoint the criteria necessary to define them.
Amendment 10 #
2010/0395(COD)
Proposal for a regulation
Recital 52 b (new)
Recital 52 b (new)
(52b) As regards the current system and the practice of research framework programmes management, they are often excessively control-oriented, thus leading to waste of resources, lower participation and less attractive research landscapes. The management system of ‘zero risk tolerance’ seems to avoid, rather than to manage, risks. Consequently, the Union Staff Regulation should be revised and/or interpreted on the issue of personal liability, as well as other necessary measures (e.g. insurance or risk-pooling system) should be taken.
Amendment 16 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 28 – paragraph 1 a (new)
Part 1 – Article 28 – paragraph 1 a (new)
1a. The Commission shall implement the ‘single audit approach’ and switch to real-time auditing performed by a single entity, thereby allowing beneficiaries to correct any systemic errors and hand in improved cost statements the following year. Such a single audit approach should further ensure that finished projects will not be audited more than once by various auditors, so that the opinion of the first appointed independent auditor is trusted by the Commission and documents are provided only once, however many audits are carried out.
Amendment 17 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 28 – paragraph 2 a (new)
Part 1 – Article 28 – paragraph 2 a (new)
2a. A response procedure shall be introduced, under which, in the absence within a deadline to be established of any reaction from the Commission to applications from recipients of funds, the latter shall be considered as validated by the Commission;
Amendment 21 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 40 – paragraph 1 – point a
Part 1 – Article 40 – paragraph 1 – point a
(a) a general statement of revenue and expenditure making a distinction between operations and investment;
Amendment 22 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 57 – paragraph 2 – subparagraph 2
Part 1 – Article 57 – paragraph 2 – subparagraph 2
Persons referred to in point (viii) of Article 55(1)(b) may satisfy these requirements progressively. They shall adopt their financial rules with the Commission's prior consent. Those financial rules shall comply with either European standards or national standards (standard accounting practices), where the latter have been certified by the competent national authorities. With a view to ensuring legal certainty, stricter participation rules may not be applied retroactively and recipients may not be asked to recalculate financial statements that have already been approved by the Commission.
Amendment 23 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 75 – paragraph 4 a (new)
Part 1 – Article 75 – paragraph 4 a (new)
4a. In the event of a dispute over the interpretation of rules and procedures, application may be made to an ad hoc mediator who will make sure that rules are interpreted uniformly. The debtor may produce an independent counter-audit. The authorising officer may settle a dispute by means of a compromise based on the ad hoc mediator's opinion.
Amendment 24 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 77 – paragraph 1 – subparagraph 2
Part 1 – Article 77 – paragraph 1 – subparagraph 2
The accounting officer shall recover amounts by offsetting them against equivalent claims that the Union have on any debtor who himself has a claim on the Union that is. Such claims must be certain, of a fixed amount and due.
Amendment 25 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 110 – paragraph 1 a (new)
Part 1 – Article 110 – paragraph 1 a (new)
The monitoring and financial control carried out by the Commission and OLAF should be primarily aimed at safeguarding public funds and combating fraud, whilst distinguishing clearly between fraud and errors. It is therefore necessary to establish and implement a clearer definition of 'errors' in all binding legal documents, including the mechanisms for the establishment of errors as opposed to differing interpretations. Errors and remedial actions relating thereto should be subject for thorough analysis and communication.
Amendment 32 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 128 – paragraph 1
Part 1 – Article 128 – paragraph 1
1. For the purposes of this Regulation, ‘prizes’ shall mean financial contributions awarded following contests. Such prizes shall not take the place of properly structured funding.
Amendment 34 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 129 – paragraph 1 a (new)
Part 1 – Article 129 – paragraph 1 a (new)
1a. The use of prizes is to be encouraged but not as a substitute for properly structured funding.
Amendment 38 #
2010/0395(COD)
Proposal for a regulation
Part 1 – Article 152 – paragraph 1 – subparagraph 1 a (new)
Part 1 – Article 152 – paragraph 1 – subparagraph 1 a (new)
The Commission shall present more precise, consistent and transparent rules of procedure for audits, including rules and principles ensuring that the rights of the audited body are respected and that all parties are heard, and to report on the cost/benefit ratio of the audits.
Amendment 41 #
2010/0395(COD)
Proposal for a regulation
Part 2 – Article 175 a (new)
Part 2 – Article 175 a (new)
Article 175 a Average personnel cost 1. The following cumulative criteria for the acceptance of average personnel cost methodologies shall apply: (a) the average personnel cost methodology shall be the one declared by the beneficiary as its usual cost accounting practice; This applies in particular to the use of cost-centre methodologies; (b) the methodology should be based on the actual personnel costs of the beneficiary as registered in its statutory accounts, without estimated or budgeted elements. 2. Where average personnel costs are charged in accordance with the above- mentioned criteria, calculations on individual actual personnel costs are not applicable in ex-post audits carried out by the Commission.
Amendment 240 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 2
Part 1 – article 2 – paragraph 2
This Regulation shall apply to the European Union. The European institutions: the European Parliament, the European Council and the Council, the European Commission, the Court of Justice of the European Union and the European Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, shall (hereinafter be referred to as 'institution(s)').
Amendment 241 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 2 – paragraph 3
Part 1 – article 2 – paragraph 3
Amendment 252 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 13 – paragraph 3 – subparagraph 1
Part 1 – article 13 – paragraph 3 – subparagraph 1
If the continuity of action by the Union and management needs so require, the Council, acting by a qualified majority on a proposal of the Commission, may authorise two or more provisional twelfthmonthly amounts both for commitments and for payments over and above those automatically made available pursuant to paragraphs 1 and 2. It shall forward the decision on authorisation without delay to the European Parliament.
Amendment 253 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 13 – paragraph 3 – subparagraph 4
Part 1 – article 13 – paragraph 3 – subparagraph 4
The additional twelfthmonthly amounts shall be authorised in full and shall not be divisible.
Amendment 254 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 14 – paragraph 2
Part 1 – article 14 – paragraph 2
Amendment 259 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 21 – paragraph 1
Part 1 – article 21 – paragraph 1
1. Appropriations shall be earmarked for specific purposes by title and chapter; the chapters shall be further subdivided into articles and items. Operating appropriations and investments shall be presented separately.
Amendment 285 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 29 a (new)
Part 1 – article 29 a (new)
Article 29a Segregation of duties The duties of accounting officer and payments officer shall be kept separate.
Amendment 365 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 63 – paragraph 8
Part 1 – article 63 – paragraph 8
8. Any member of staff, involved in the financial management and control of transactions who considers that a decision he is required by his superior to apply or to agree to is irregular or contrary to the principles of sound financial management or the professional rules he is required to observe, shall inform the authorising officer by delegation in writing and, if that officer fails to take action, the panel referred to in Article 70(6). In the event of any illegal activity, fraud or corruption which may harm the interests of the Union, he shall inform the authorities and bodies designated by the applicable legislation. That obligation shall also apply, in cases where fraud is detected, to the independent auditors who carry out procedures in connection with the financial management of the Union. In making such a disclosure they shall not incur liability.
Amendment 367 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 65 – paragraph 1 – point f
Part 1 – article 65 – paragraph 1 – point f
Amendment 438 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 134 – paragraph 1
Part 1 – article 134 – paragraph 1
The financial statements referred to in Article 132 shall comply with the Uninternational accounting rules as adopted by the Accounting Officer of the Commissionstandards applicable to the public sector and shall present a true and fair view of the assets and liabilities, charges, income and cash flow.
Amendment 439 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 135
Part 1 – article 135
Article 135 Article 135 The financial statements referred to in Article 132 shall present information, including accounting policies, in a manner that provides relevant, reliable, comparable and understandable information. They shall be drawn up in compliance with the generally accepted accounting principles as outlined in the Union's accounting rules, and in keeping with international accounting standards applicable to the public sector.
Amendment 442 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 136 – paragraph 1 – point a
Part 1 – article 136 – paragraph 1 – point a
(a) the balance sheet and the statement of financial performance, which represent the assets and liabilities and financial situation and the economic result at 31 December of the previous year; they shall be presented in accordance with the relevant accounting rules adopted by the Accounting Officer of the Commissionpplicable to the public sector;
Amendment 443 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 136 – paragraph 2
Part 1 – article 136 – paragraph 2
2. The notes to the financial statements shall supplement and comment on the information presented in the statements referred to in paragraph 1 and shall supply all the requisite additional information prescribed by the relevant accounting rules adopted by the Accounting Officer of the Commission.
Amendment 444 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 138 – paragraph 3
Part 1 – article 138 – paragraph 3
The accounting officer of the Commission shall consolidate these provisional accounts with the Commission's provisional accounts and shall send to the Court of Auditors and the European Parliament, by 31 March of the following year at the latest, the Commission's and the consolidated Union provisional accounts.
Amendment 445 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 139 – paragraph 1
Part 1 – article 139 – paragraph 1
1. The Court of Auditors shall, by the 1st of June at the latest, make its observations on the provisional accounts of other institutions and each body referred to in Article 132, and by 15 June at the latest, make its observations on the provisional accounts of the Commission and the consolidated Union provisional accounts.
Amendment 446 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 139 – paragraph 2 – subparagraph 1
Part 1 – article 139 – paragraph 2 – subparagraph 1
The institutions other than the Commission, and each of the bodies referred to in Article 132, shall draw up their final accounts and send them to the accounting officer of the Commission, the Court of Auditors, the European Parliament and the Council by 1 Jul28 February of the following year at the latest with a view to drawing up the final consolidated accounts.
Amendment 447 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 139 – paragraph 5 – subparagraph 1
Part 1 – article 139 – paragraph 5 – subparagraph 1
After approving the final consolidated accounts and its own final accounts, the Commission shall send them both to the European Parliament, the Council and the Court of Auditors before 31 JulyMarch of the following financial year.
Amendment 448 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 139 – paragraph 6
Part 1 – article 139 – paragraph 6
6. The final consolidated accounts shall be published in the Official Journal of the European Union together with the statement of assurance given by the Court of Auditors in accordance with Article 287 of the TFEU and Article 160c of the Euratom Treaty by 15 November31 July of the following financial year.
Amendment 450 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 141 – paragraph 3 a (new)
Part 1 – article 141 – paragraph 3 a (new)
3a . During the financial year, a consolidated interim statement of the accounts of the European Union shall be drawn up for the period from 1 January to 30 June. It shall be drawn up by the Commission and be subject to limited review by the European Court of Auditors. The consolidated interim statement of accounts as at 30 June shall be forwarded to the European Parliament, along with the report of the European Court of Auditors and, possibly, the Commission’s observations, by 30 October of the same year.
Amendment 456 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 150 – paragraph 1
Part 1 – article 150 – paragraph 1
1. The examination by the Court of Auditors of whether all revenue has been received and all expenditure incurred in a lawful and proper manner shall have regard to the provisions of the Treaties, the budget, this Regulation, the delegated Regulation referred to in Article 199 and all other acts adopted pursuant to the Treaties. The Court of Auditors shall carry out its audit task on a permanent basis.
Amendment 458 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 150 – paragraph 2 – subparagraph 1
Part 1 – article 150 – paragraph 2 – subparagraph 1
In the performance of its task, the Court of Auditors shall be entitled to consult, in the manner provided for in Article 152, all documents and information relating to the financial management of departments or bodies with regard to operations financed or co-financed by the Union. It shall have the power to make enquiries of any official responsible for a revenue or expenditure operation and to use any of the auditing procedures appropriate to the aforementioned departments or bodies. The audit in the Member States shall be carried out in conjunction with the national audit institutions or, where they do not have the necessary powers, with the national departments responsible. The Court of Auditors and the national audit bodies of the Member States shall cooperate in a spirit of trust while maintaining their independence. Pursuant to the second subparagraph of Article 287(3), the European Court of Auditors shall call on the national audit institutions to issue an audit certificate concerning shared management measures which shall form part of the discharge procedure. That certificate shall be drawn up in accordance with international audit standards applicable to the public sector.
Amendment 460 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 153 – paragraph 5
Part 1 – article 153 – paragraph 5
5. The Court of Auditors shall transmit to the authorities responsible for giving discharge and to the other institutions, by 15 November30 June of the year following the financial year in question at the latest, its annual report accompanied by the replies of the institutions and shall ensure publication thereof in the Official Journal of the European Union.
Amendment 463 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 155 – paragraph 1
Part 1 – article 155 – paragraph 1
1. The Court of Auditors shall transmit to the institutions, bodies or Member States concerned the statements of preliminary findings resulting from its audits. The statements of preliminary findings which are, in the Court's opinion, such that they should appear in the annual report, shall be transmitted no later than by 1st of JuneMay of the exercise following the one to which they refer. The statements of preliminary findings must remain confidential.
Amendment 464 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 155 – paragraph 2
Part 1 – article 155 – paragraph 2
2. The institution, the body or the Member State concerned shall have two and a halfone months within which to inform the Court of Auditors of any comments it wishes to make on the statements of preliminary findings.
Amendment 465 #
2010/0395(COD)
Proposal for a regulation
Part 1 – article 156 – paragraph 1
Part 1 – article 156 – paragraph 1
1. The European Parliament, upon a recommendation from the Council acting by a qualified majority forwarded before 31 October of year n + 1, shall, before 15 May31 December of year n + 21 give a discharge to the Commission in respect of the implementation of the budget for year n.
Amendment 35 #
2010/0377(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Operators should be able to provide evidence that they would be able deal with the consequences of an accident involving dangerous substances, for example by demonstrating that they have taken out a specific insurance policy with a company of acknowledged solvency or that they have a sufficient level of equity. This is important in order to ensure that dealing with the consequences of an accident involving dangerous substances does not put a strain on the public purse and is included as part of an operator’s costs.
Amendment 60 #
2010/0377(COD)
Proposal for a directive
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(ga) an attestation from the management of the establishment to the effect that the operator would be able to deal with the consequences of an accident involving dangerous substances.
Amendment 105 #
2010/0377(COD)
Proposal for a directive
Annex II – point 5 – point d a (new)
Annex II – point 5 – point d a (new)
(da) description of the assessment of the financial impact of an accident involving dangerous substances and the measures taken to deal with this, in particular by means of a specific insurance policy and/or a sufficient level of equity.
Amendment 159 #
2010/0275(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The Agency should be established for a limited period. Its operations should be evaluated with regard to the effectiveness of achieving the objectin indefinite period and therefore haves and of its working practices, in order to det permiane the continuing validity, or otherwise, of the objectives of the Agency and, based on this, whether the duration of its operations should be further extended,nt mandate.
Amendment 237 #
2010/0275(COD)
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. The Agency may liaise and cooperate with other third countries, as well as international organisations and intergovernmental bodies related to Network and Information Security, and allow them to participate in relevant areas of the Agency’s work as appropriate. Their participation should be submitted, by the Executive Director, for approval to the Management Board.
Amendment 246 #
2010/0275(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. That Member State shall provide the best possible conditions to ensure the proper functioning of the Agency, including appropriate building infrastructure, communications facilities, multilingual, European-oriented schooling and sufficient transport infrastructure.
Amendment 248 #
2010/0275(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 73 #
2010/0252(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Ensuring the optimal and productive use of spectrum may require innovative authorisation solutions such as collective use of spectrum, general authorisations, auctions or infrastructure sharing. The application of such principles in the Union might be facilitated by identifying best practices and encouraging information sharing, as well as the definition of certain common or converging conditions for spectrum usage. General authorisations, which are the least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services.
Amendment 115 #
2010/0252(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rightConsidering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. The feasibility of freeing up of additional spectrum for wireless broadband services shall be assessed to meet the increasing demand for mobile traffic. Further mobile service spectrum allocations should be evaluated in relation with the inventory lead in article 8 and depending on future capacity requirements for wireless broadband services and use of spectrum for other usages.
Amendment 121 #
2010/0252(COD)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2.4GHz and 5GHz. The feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC should be assessed in relation with the inventory of existing uses of and emerging needs for spectrum and depending on use of spectrum for other usages.
Amendment 132 #
2010/0252(COD)
Proposal for a decision
Recital 17
Recital 17
(17) Protection of public health against electromagnetic fields is essential for citizens‘ well-being and for a coherent approach to spectrum authorisation in the Union; while subject to Council Recommendation 1999/519/EC on the limitation of exposure of the general public to electromagnetic fields, it is essential to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types; while achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral.
Amendment 154 #
2010/0252(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
This Decision establishes a multi-annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.
Amendment 163 #
2010/0252(COD)
Proposal for a decision
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Decision covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, energy and audio- visual.
Amendment 166 #
2010/0252(COD)
Proposal for a decision
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:
Amendment 167 #
2010/0252(COD)
Proposal for a decision
Article 2 – point a
Article 2 – point a
Amendment 173 #
2010/0252(COD)
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies, at the same time taking account of spectrum’s great social, cultural and economic value;
Amendment 180 #
2010/0252(COD)
Proposal for a decision
Article 2 – point b
Article 2 – point b
Amendment 188 #
2010/0252(COD)
Proposal for a decision
Article 2 – point c
Article 2 – point c
(c) applying the least onerousmost appropriate authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;
Amendment 196 #
2010/0252(COD)
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) guaranteeing the functioningdevelopment of the internal market and digital services, in particular by ensuring effective competition.
Amendment 198 #
2010/0252(COD)
Proposal for a decision
Article 2 – point d
Article 2 – point d
(d) guaranteepromoting the functioning of the internal market, in particular by ensufostering effective competition.
Amendment 201 #
Amendment 204 #
2010/0252(COD)
Proposal for a decision
Article 2 – point d b (new)
Article 2 – point d b (new)
(db) in defining the technical conditions of the use of spectrum, take full account of the relevant EU law on human health of electromagnetic field emissions.
Amendment 205 #
2010/0252(COD)
Proposal for a decision
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Amendment 211 #
2010/0252(COD)
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives; , while taking account of major general interest objectives, such as cultural diversity and media pluralism , and the interests of the various spectrum users;
Amendment 220 #
2010/0252(COD)
Proposal for a decision
Article 3 – point a a (new)
Article 3 – point a a (new)
(aa) ensure that sufficient and appropriate spectrum is allocated for wireless services, in order to meet the rapidly growing demand for mobile data transfer, thereby fostering the development of commercial and public services;
Amendment 231 #
2010/0252(COD)
Proposal for a decision
Article 3 – point b
Article 3 – point b
(b) maximise flexibility in the use of spectrum, to promote innovation and investment, through thea consistent application of the principles of technology and service neutrality and through adequate regulatory predictability, the opening of harmonised spectrum to new advanced services, and the possibility to trade spectrum rights in accordance with the existent regulatory framework;
Amendment 242 #
2010/0252(COD)
Proposal for a decision
Article 3 – point g
Article 3 – point g
(g) in defining the technical conditions for the allocation of spectrum, take full account of the results of research certified by the relevant international organisations into the potential effects on human health of electromagnetic field emissions and apply them in a technology and service neutral way.
Amendment 248 #
2010/0252(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall adopt by 1 January 2013 authorisation and allocation measures appropriate for the development of broadband services, in conformity with Directive 2002/20/EC of the European Parliament and of the Council on the authorisation of electronic communications networks and services (Authorisation Directive), such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 11, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz.
Amendment 272 #
2010/0252(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall maintain and promote effective competition and avoid distortions of competition in the internal market for in a substantial part of it. electronic communications services in accordance with article 9(7) of Directive 2002/21/EC and 5(6) of Directive 2002/20/EC.
Amendment 289 #
2010/0252(COD)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays and promote effective competitionfor electronic communications services avoid undue delays and promote effective competition for the benefit of EU citizens and consumers.
Amendment 302 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall, by 1 January 2012, authorise the use of all the spectrum designated by Commission Decisions 2008/477/EC (2.5–2.69 GHz), 2008/411/EC (3.4–3.8 GHz) and 2009/766/EC (900/1800 MHz), under conditions that provide consumers with easy access to wireless broadband services; in order to ensure harmonisation, the use of the 3.4-3.8 GHz band should be based on the outcome of the ongoing work of standardisation bodies.
Amendment 308 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall, by 1 January 2013 make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In Member States where exceptional national or local circumstances would prevent the availability of the band, the Commission mayshould authorise specific derogations until 2015the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional derogations on an annual basis until such obstacles are removed. In accordance with Article 9 of Directive 2002/21/EC , the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1GHz and assess whether additional spectrum could be freed and made available for new applications, in relation with the inventory lead in article 8.
Amendment 322 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The Commission, in cooperation with Member States, is invited to evaluate the need for and the feasibility of the harmonisation and use of additional spectrum bands for wireless broadband services in relation with the inventory lead in article 8 and in accordance with the existent regulatory framework . The Commission shall continuously monitor the capacity requirements for wireless broadband services and when justified, in cooperation with Member States, evaluate the need for action to harmonise additional spectrum bands. Member States shall ensure that, where appropriate, the cost of migration or re- allocation of spectrum usage is adequately compensated in accordance with national law
Amendment 333 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States, in cooperation with the Commission, shall ensure that the provision of access to broadband content and services using the 790-862 MHz (800MHz) band is encouraged in sparsely populated areas, in particular through coverage obligations; in doing so, theyMember States and the Commission shall examine ways and, where necessary, take appropriate, take measures to ensure that the freeing of the 800 MHz band does not adversely affectsufficient spectrum is available for programme making and special events (PMSE) users.
Amendment 342 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission, in cooperation with Member States, shall assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Decision 2005/513/EC in relation with the inventory lead in article 8 and depending on use of spectrum for other usages.
Amendment 370 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide the Commission with all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 3 GHz. bands that could be subject to future reallocation, e.g., due to inefficient or no use or technological development. The resulting inventory shall help the Commission in identifying spectrum bands that could be suitable for harmonisation in order to support Union policies set out in this decision. It should also promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands.
Amendment 381 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 391 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 402 #
2010/0252(COD)
Proposal for a decision
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Union shall provide, upon request, political and technical support to Member States in their bilateral negotiations withand multilateral negotiations with third countries, in particular non-Union neighbouring countries including candidate and acceding countries, to resolve spectrum coordination issues that prevent Member States from implementing their obligations under Union law regarding spectrum policy and management. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives.
Amendment 6 #
2010/0101(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) the development of free trade areas under the EU’s commercial policy.
Amendment 7 #
2010/0101(COD)
Proposal for a decision
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The EU guarantee shall be repaid at the average rate for repayment of guarantees ascertained on the financial market. The repayment as thus calculated may be subject to a subsidy decision by the EU for the EIB in accordance with the normal procedures.
Amendment 8 #
2010/0101(COD)
Proposal for a decision
Article 9 – paragraph 4 b (new)
Article 9 – paragraph 4 b (new)
4b. When the guarantee is implemented, the EIB shall assign and transfer to the EU all or part of the debt relating to payments that are not taken up, so that the EIB’s rights over creditors, with all the guarantees attaching thereto, are assigned to the EU.
Amendment 9 #
2010/0101(COD)
Proposal for a decision
Article 12 a (new)
Article 12 a (new)
Article 12a Monitoring by the Court of Auditors The EU’s guarantee to the EIB shall be subject to monitoring by the Court of Auditors.
Amendment 31 #
2009/2228(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks the Commission, therefore, to submit by the end of 2010 a set of recommendations to ensure that smart metering is implemented in accordance with the timetable set out in the third energy market package and that a set of minimum functionalities for smart meters is defined in order to give consumers improved capabilities to manage their energy consumption, and to facilitate the introduction of new energy services and an innovative, harmonised and interoperable European smart grid, taking into account all proven best practices employed in some Member States, particularly as regards the management of real-time, two-directional power and information flows;
Amendment 37 #
2009/2228(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that, if ICTs can help to save energy by enabling data to be continuously monitored in order to optimise public and private energy consumption and improve energy efficiency in many sectors, the ICT sector – bearing in mind the exponential growth of its own energy consumption – should set an example by undertaking to cut its consumption by a very significant margin;
Amendment 40 #
2009/2228(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that the ITC sector’s undertaking to cut its own energy consumption should apply first and foremost to data centres;
Amendment 46 #
2009/2228(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that in the building, transport, logistics, lighting, electricity, heating and ventilation and industrial sectors ICTs may be used in a variety of ways to improve energy efficiency and energy management; notes that these applications have an impact on, inter alia, electricity distribution, lighting, heating, ventilation and air conditioning and the opportunities ICTs offer in terms of measurement, monitoring and automation;
Amendment 84 #
2009/2228(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Maintains that no time should be lost in promoting smart metering, with a view to optimising energy production and electricity grids; emphasises, in this connection, that the measurement, monitoring and automation of consumption will be part and parcel of optimised electrical network architecture, the purpose of which must be to ensure energy efficiency, on the one hand, and to incorporate renewable energy sources, energy storage management and the recharging of future electric vehicles, on the other; emphasises, however, that while smart metering systems are a crucial stage in the process, they are only the first step towards the development of smart networks;
Amendment 36 #
2009/2226(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is disappointed that no additional financing for this programme has been proposed by readjusting the current Multiannual Financial Framework, leading to further delays, additional costs and possibly the loss of a ‘window of opportunity’; in that light, believes that FOC should be reached by 2018 at the latest, which would require an additional financing of EUR 1.9 billion and annual funding to cover operating costs of EUR 800 million from 2014 onwards; stresses that the success of the EU programmes Galileo and EGNOS must continue to be guaranteed by the EU;
Amendment 196 #
2009/2069(DEC)
Motion for a resolution
Heading before paragraph 143 a (new)
Heading before paragraph 143 a (new)
Reimbursement of the costs of visits by sponsored groups
Amendment 197 #
2009/2069(DEC)
Motion for a resolution
Paragraph 143 a (new)
Paragraph 143 a (new)
143a. Asks that the costs of a sponsored group visit should always be reimbursed to the group leader by bank transfer and not in cash; asks also that Parliament reimburse the costs actually incurred, on presentation of documentary evidence;
Amendment 6 #
2009/2002(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Proposes thatCalls on the Commission should be granted the funds needed to conduct a study on the feasibility of harmonising and simplifying rules for beneficiaries in the European research sector and on the appropriateness of repayment rules based on flat-rate payment proceduresto take all measures necessary to implement the 7th Framework Programme in a swift and user-focused way;
Amendment 20 #
2009/2002(BUD)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Expresses its concern about the 7th Framework Programme rules, which deviate from the common nationally and internationally acknowledged and certified accounting and calculation methods, thus being incompatible with general business practices, and asks the Commission to remedy this state of affairs by adopting practices that allow for calculation and charging of average hourly rates per cost centre;
Amendment 21 #
2009/2002(BUD)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Urges the Commission to establish and to apply the necessary comprehensive and comprehensible criteria for approving certificates using a methodology which calculates both personnel and indirect costs;
Amendment 22 #
2009/2002(BUD)
Draft opinion
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls on the Commission to refrain, for the sake of legal certainty, from re- calculating the financial statements of projects under the 6th Framework Programme that it has already approved and settled, thus observing the rule of law;
Amendment 63 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, this Regulation sets a target of 135 g CO2/kma further objective for the average emissions of new light commercial vehicles registered in the CommunityUnion shall be set in accordance with the conditions laid down in Article 12.
Amendment 84 #
2009/0173(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation does not apply to vehicles for export outside the Union’s internal market.
Amendment 178 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1. By 1 January 2014, the Commission shall propose to the European Parliament and the Council the average CO2 emission targets for new light commercial vehicles registered in the Union, to be achieved from 2020, in the light of the results of an updated impact assessment comprising, in particular, an overall analysis of the impact on the car industry and its dependent industries. This Regulation shall be amended in a way which is as neutral as possible from the point of view of competition and which is socially equitable and sustainable. That overall proposal shall also include: – the review of the procedures for measuring CO2 emissions in accordance with Article 13(3) of Regulation (EC) No 443/2009; – the possible inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007; – the aspects of the implementation of the target laid down, including possible revision of the utility criterion, the excess emissions premiums, innovative technologies, derogations for small-scale manufacturers and the amendments to be made to Annexes I and II.
Amendment 181 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 182 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 223 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 224 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 225 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 22 #
2009/0172(NLE)
Proposal for a regulation
Recital 8
Recital 8
(8) The appropriations of the general budget of the European Union for decommissioning should not lead to distortions of competition in relation to power supply companies on the energy market in the Union. These appropriations should also be used to finance measures to compensate the loss of production capacity in line with the acquis. As each Member State is free to determine its own energy mix, such measures will reflect the choices made in that regard at national level.
Amendment 34 #
2009/0172(NLE)
Proposal for a regulation
Article 2
Article 2
The Community contribution to the Kozloduy Programme shall be granted for the priority purpose of providing financial support for measures connected with the decommissioning of the Kozloduy Nuclear Power Plant,. It shall also be directed at measures for environmental upgrading in line with the acquis and for modernising conventional production capacity to replace the production capacity of the four reactors at the Kozloduy Nuclear Power Plant and other measures which stem from the decision to close and decommission this plant and which contribute to the necessary restructuring, upgrading of the environment and modernisation of the energy production, transmission and distribution sectors in Bulgaria as well as to enhancing security of supply and energy efficiency in Bulgaria.
Amendment 38 #
2009/0172(NLE)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Measures under the Kozloduy Programme shall be adopted in accordance with Article 8(2). They shall comply with EU rules on public procurement. The contract-award criteria shall reflect a preference for EU companies.
Amendment 41 #
2009/0172(NLE)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Court of Auditors and the European Parliament shall enjoy the same rights, especially of access, as the Commission.
Amendment 52 #
2009/0169(COD)
Proposal for a decision
Article 9
Article 9
The Commission and the Court of Auditors shall be entitled to carry out all the checks and inspections necessary to ensure proper management of the Community funds and to protect the Communities’ financial interest against any fraud or irregularity. To this end, the Participating States and the BONUS EEIG shall make available all the relevant documents to the European Parliament, the Commission and the Court of Auditors.
Amendment 53 #
2009/0169(COD)
Proposal for a decision
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Particular attention shall be given to Norway.
Amendment 305 #
2009/0142(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'financial institutions' means 'credit institutions' as defined in Directive 2006/48/EC, 'investment firms' as defined in Directive 2006/49/EC, and 'financial conglomerates' as defined in Directive 2002/87/EC as well as public banks, including development banks;
Amendment 331 #
2009/0142(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(ga) be the supervisory and regulatory authority for all the institutions referred to in Article 2 which are not subject to supervision by a national supervisory authority;
Amendment 205 #
2009/0064(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Without prejudice to the application of other instruments of CommunityEU law, Member States may impose stricter requirements on AIFM whenever AIFM market an AIF solely to retail investors or whenever AIFM market the same AIF both to professional and retail investors, irrespective of whether units or shares of this AIF are marketed on a domestic or cross-border basis. These two exceptions enable Member States to impose additional safeguards which they deem necessary for the protection of retail investors. This takes account of the fact that AIF are often illiquid and subject to high risk of substantial capital loss. Investment strategies in relation to AIF are generally not adapted to the investment profile or needs of retail investors. They are more suitable for professional investors and investors having a sufficiently large investment portfolio so as to be able to absorb the higher risks of loss associated with these investments. Nevertheless, Member States may allow the marketing of all or certain types of AIF managed by AIFM to retail investors on their territory. Consideration should, however, be given by the EU institutions and, in particular, by the Commission to whether a specific EU framework should be proposed to define common rules for the distribution of AIFs to retail investors in the EU. Against the background of paragraphs 4 and 5 of Article 19 of Directive 2004/39/EC, Member States should continue to ensure that appropriate provision is made whenever they permit the marketing of AIF to retail investors. Investment firms authorised in accordance with Directive 2004/39/EC which provide investment services to retail clients have to take into account these additional safeguards when assessing whether a certain AIF is suitable or appropriate for an individual retail client. Where a Member State allows the marketing of AIF to retail investors on its territory, this possibility should be available regardless of the Member State where the AIFM is established, and any additional provisions should apply on a non-discriminatory basis.
Amendment 220 #
2009/0064(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is necessary to ensure that AIFM operate subject to robust governance controls. AIFM should be managed and organised so as to minimise conflicts of interest. Recent developments underline the crucial need to separate asset safe- keeping and management functions, and segregate investor assets from those of the manager. To this end, the AIFM has to appoint a depositary and entrust it with the booking of investor money on a segregated account, the safe-keeping of financial instruments and the verification of whether the AIF or the AIFM on behalf of the AIF has obtained ownership of all other assets, and the oversight of the AIF in the interests of its investors.
Amendment 241 #
2009/0064(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) The financing provided to AIFM employing high levels of leverage in their investment strategies on a systematic basis should be closely monitored. To that end specific coordination should be put in place between the ESMA and the EBA to keep track of the level of financing provided to such AIFM by financial institutions involved in these activities.
Amendment 287 #
2009/0064(COD)
Proposal for a directive
Recital 20
Recital 20
(20) It is appropriate to allow the AIFM to delegate administrative tasks to an entity established in a third country provided that necessary safeguards are in place. Similarly, a depositary may delegate some of its depositary tasks in respect of AIF domiciled in a third country to a depositary domiciled in that third country, provided that the legislation of that third country ensures a level of protection of investor interests which is equivalent to that in the CommunityUnion. Under certain conditions, it should also be possible for the AIFM to appoint an independent valuator established in a third country.
Amendment 499 #
2009/0064(COD)
Proposal for a directive
Article 3 – point og (new)
Article 3 – point og (new)
(og) ‘safe-keeping’ means holding financial instruments in custody or through position-keeping on behalf of the AIF;
Amendment 517 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2a (new)
Article 4 – paragraph 1 – subparagraph 2a (new)
No AIFM may engage in activities other than the management of AIFs and the provision of discretionary portfolio management and investment advice regarding instruments listed in Annex I, Section C of Directive 2004/39/EC. Member States may authorize AIFM to provide also some administration and marketing services mentioned in the Annex to this Directive as non-core services.
Amendment 595 #
2009/0064(COD)
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c further specifying criteria for evaluating substantial changes to the conditions under which the authorisation was granted.
Amendment 737 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The AIFM is responsible for the proper valuation of AIF assets as well as for the calculation of the net asset value of the AIF. This responsibility shall not be affected by the delegation of such functions to a third party.
Amendment 794 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. For each AIF it manages, the AIFM shall ensure that a single depositary is appointed to fulfill, where relevant, the following taskfunctions:
Amendment 802 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) receive all payments made by investors when subscribing holds in deposit cash accounits or shares of an AIF managpened byin the AIFM and book them on behalf of the AIFM in a segregated accountbooks of the depositary;
Amendment 805 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) safe-keep any financial instruments which belong to the AIF, namely: (i) holding in custody all financial instruments that can be credited into securities accounts. For this purpose, the depositary appointed by the AIFM shall ensure the segregation of assets through the opening of separate accounts in its books in the name of each AIF; (ii) maintaining the records to verify the ownership of financial instruments that cannot be held in custody based on the information provided by the AIFM, including external evidence of the existence of the transaction;
Amendment 812 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) verify whether the AIF maintain the record the AIFM on behalf of the AIF has obtainedo evidence the ownership of all other assets by the AIF invests inbased on information provided by the AIFM or otherwise.
Amendment 818 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a – introductory part (new)
Article 17 – paragraph 1 a – introductory part (new)
1a. In addition to the functions referred to in paragraph 1 points (a) and (b), the depositary shall verify ex post that:
Amendment 823 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a – point a (new)
Article 17 – paragraph 1 a – point a (new)
(a) the sale, issue, re-purchase, redemption and cancellation of units effected on behalf of an AIF are carried out in accordance with the applicable national law and the AIF rules;
Amendment 827 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a – point b (new)
Article 17 – paragraph 1 a – point b (new)
(b) the value of units is calculated in accordance with the applicable national law and the AIF rules;
Amendment 831 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a – point c (new)
Article 17 – paragraph 1 a – point c (new)
(c) the instructions of the AIFM are carried out, unless they conflict with the applicable national law or the AIF rules;
Amendment 835 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a – point d (new)
Article 17 – paragraph 1 a – point d (new)
(d) in transactions involving an AIF's assets any consideration is remitted to it within the usual time limits;
Amendment 838 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 a – point e (new)
Article 17 – paragraph 1 a – point e (new)
(e) the AIF's income is applied in accordance with the applicable national law and the AIF rules.
Amendment 871 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The depositary shall be either: (a) a credit institution having its registered office in the Community and be authorised in accordance with Directive 2006/48/EC of the European Parliament and Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast). ;
Amendment 880 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a d (new)
Article 17 – paragraph 3 – point a d (new)
(ad) an investment firm authorised in accordance with Directive 2004/39/CE;
Amendment 887 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a g (new)
Article 17 – paragraph 3 – point a g (new)
(ag) an institution which is subject to prudential regulation and on-going supervision and which can provide sufficient financial and professional guarantees to be able to effectively perform the relevant depositary functions and meet the commitments inherent to those functions.
Amendment 902 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 3 i (new)
Article 17 – paragraph 3 i (new)
3i. The Commission shall adopt delegated acts in accordance with Articles 49a, 49b and 49c specifying the conditions that institutions eligible as depositary should meet. Those acts, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the procedure referred to in Article 290 of the Treaty on the Functioning of the European Union.
Amendment 918 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Depositaries may delegate their tasks to other depositaries, apart from functions of monitoring and oversight over their sub-custodians. A depositary shall not delegate its functions to the extent that it becomes a letter-box entity.
Amendment 934 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1 a (new)
Article 17 – paragraph 5 – subparagraph 1 a (new)
Any modification of the liability regime stated in this Directive as a result of a contractual arrangement between the AIFM and the depositary shall be disclosed to the investors in the AIF concerned before investment and to the competent authorities.
Amendment 948 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2 e (new)
Article 17 – paragraph 5 – subparagraph 2 e (new)
In the event of loss of financial instruments which the depositary holds in custody as referred to in paragraph 1 (b), the depositary shall return the assets to the AIF without undue delay. The depositary can discharge its own liability if it can prove that it has performed its due diligence duties as referred to in paragraph 4.
Amendment 956 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2 i (new)
Article 17 – paragraph 5 – subparagraph 2 i (new)
In the event of loss of financial instruments, where a contract exists that allows for the transfer to a third party selected by the AIFM and re-use of assets by the third party with prior consent from the AIFM, the depositary can discharge its own liability in accordance with the terms of the contract. Investors shall be informed of the existence of the contract.
Amendment 970 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 3 c (new)
Article 17 – paragraph 5 – subparagraph 3 c (new)
The depositary's liability towards AIFM and investors shall not be affected by the fact that it has delegated a part of its tasks to an authorised third party which it has selected.
Amendment 986 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
1. AIFM which intend to delegate to third parties the task of carrying out on their behalf one or more of their functions shall request prior authorisation fromnotify the competent authorities of the home Member State for each delegation before the delegation arrangements become effective.
Amendment 996 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2 – point b
Article 18 – paragraph 1 – subparagraph 2 – point b
(b) where the delegation concerns the portfolio management or the risk management or liquidity management, the third party must also(i) be authorised as an AIFM to manage an AIF of the same type; ., or (ii) be an AIFM that is not domiciled within the Union but is authorized to manage AIFs of the same type in its country of domiciliation; Or. en
Amendment 1021 #
2009/0064(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The third party may not sub-delegate any of the functions delegated to it provided that the conditions laid down in paragraph 1 are fulfilled.
Amendment 1060 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) a description of the investment strategy and objectives of the AIF, all the assets which the AIF can invest in and of the techniques it may employ and of all associated risks, of any asset re-use and transfer arrangements and of custody arrangements if appropriate, any applicable investment restrictions, the circumstances in which the AIF may use leverage, the types and sources of leverage permitted and the associated risks and of any restrictions to the use of leverage;
Amendment 1069 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point d
Article 20 – paragraph 1 – point d
(d) the identity of the AIF's depositary, valuator, auditor, prime broker if appropriate and any other service providers and a description of their duties and the investors' rights should any failure arise;
Amendment 1103 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point j d (new)
Article 20 – paragraph 1 – point j d (new)
(jd) any modification of the liability regime stated in Article 17(5) as a result of a contractual arrangement between the AIFM and the depositary.
Amendment 1117 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – point c a (new)
Article 20 – paragraph 2 – point c a (new)
(ca) significant changes in the custody arrangements;
Amendment 1118 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – point c b (new)
Article 20 – paragraph 2 – point c b (new)
(cb) the percentage of the AIF’s assets which are subject to re-use or transfer if appropriate.
Amendment 1433 #
2009/0064(COD)
Proposal for a directive
Article 31 – title
Article 31 – title
Marketing of shares or units of AIF in the home Member Statedomiciled in the Union
Amendment 1436 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. An authorised AIFM may market shares or units of AIFan AIF domiciled in the Union to professional investors in the home Member State and/or in any other Member State as soon as the conditions laid down in this Article are met. Or. en Justification
Amendment 1439 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 2 – subparagraph 1
Article 31 – paragraph 2 – subparagraph 1
2. TFor each AIF that it intends to market, the AIFM shall submit a notification to the competent authorities of its homthe Member State in respect of each AIF that it intends to marketwhere the AIF is domiciled.
Amendment 1441 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 2 – subparagraph 2 - point a
Article 31 – paragraph 2 – subparagraph 2 - point a
(a) idena notification ofletter, including a programme of operations identifying the AIF it intends to market and information on where the AIF areis domiciled;
Amendment 1443 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 2 – point a a (new)
Article 31 – paragraph 2 – point a a (new)
(aa) an attestation that the AIFM concerned is authorized;
Amendment 1444 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 2 – point c a (new)
Article 31 – paragraph 2 – point c a (new)
(ca) the list of the Member States in which the AIFM intends to market the units or shares of an AIF under its management to professional investors;
Amendment 1445 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 2 – point d
Article 31 – paragraph 2 – point d
(d) information on the arrangements established to prevent units or shares of that AIF from being marketed to retail investors, including in the case where the AIFM relies on activities of independent entities to provide investment services in respect of its AIF, where relevant.
Amendment 1446 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The competent authorities of the Member State where the AIF is domiciled shall without delay transmit the notification referred to in paragraph 2 to: (a) the competent authorities of the AIFM home Member State when the AIF is not domiciled in the same Member State; and (b) the competent authorities of the Member States where the AIFM intends to market the AIF.
Amendment 1447 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. NThe competent authorities of the Member State where the AIF is domiciled shall, no later than ten working days after the date of receipt of athe complete notification pursuant to paragraph 2,by the competent authorities of the AIFM home Member State when the AIF is not domiciled in the same Member State and the competent authorities of the home Member State shalls where the AIFM intends to market the AIF, inform the AIFM whether it may start marketing the AIF identified in the notification referred to in paragraph 2. Subject to the implementing measures referred to in the third subparagraph, the competent authorities may impose restrictions or conditions on the marketing of AIF pursuant to this Article. The Commission shall adopt implementing measures specifying the types of restrictions or conditions that can be imposed on the marketing of AIF pursuant to the second subparagraph of this paragraph. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3)The competent authorities of the Member State where the AIF is domiciled shall also inform the competent authorities of the AIFM home Member State when the AIF is not domiciled in the same Member State and the competent authorities of the Member States where the AIFM intends to market the AIF that the AIFM may start marketing shares or units of the AIF.
Amendment 1453 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Without prejudice to Article 32(1), Member States shall ensure thatThe competent authorities of the Member State where the AIF is domiciled may only prevent the marketing of the AIF if information provided in the notification shows that the AIFM’s managed by AIFM are only marketed toment of the AIF will not be in accordance with one or more profesvisional investorss of this Directive.
Amendment 1459 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4a (new)
Article 31 – paragraph 4a (new)
4a. Arrangements referred to in point (f) of paragraph 2 shall be subject to the laws and the supervision of the Member State where the AIF will be marketed.
Amendment 1460 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4b (new)
Article 31 – paragraph 4b (new)
4b. Member States shall ensure that the notification and the attestation referred to in paragraph 2 are provided in a language customary in the sphere of international finance. Member States shall also ensure that electronic transmission and filing of the documents referred to in paragraph 3 is accepted by their competent authorities.
Amendment 1461 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4c (new)
Article 31 – paragraph 4c (new)
4c. In the event of a change in any of the particulars communicated in accordance with paragraph 3, an AIFM shall give written notice of that change to the competent authorities of the Member State where the AIF is domiciled at least one month before implementing the change. The competent authorities of the Member State where the AIF is domiciled shall without delay inform of those changes the competent authorities of the AIFM home Member State when the AIF is not domiciled in the same Member State and the competent authorities of the Member States where the AIF is marketed.
Amendment 1462 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4d (new)
Article 31 – paragraph 4d (new)
4d. Without prejudice to Article 32(1), Member States shall ensure that AIF managed by AIFM are only marketed to professional investors.
Amendment 1463 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4e (new)
Article 31 – paragraph 4e (new)
4e. The Commission shall, in accordance with the procedure referred to in Article 49(2), adopt implementing measures specifying the following: (a) the form and content of a standard model of the notification letter; (b) the form and content of a standard model of attestation.
Amendment 1479 #
2009/0064(COD)
Proposal for a directive
Article 33
Article 33
Amendment 1 #
2008/2277(DEC)
Paragraph 1
1. Refuses to gGrants discharge to the Secretary- General of the Council in respect of the implementation of the Council's budget for the financial year 2007;
Amendment 2 #
2008/2277(DEC)
Paragraph 4 a (new)
4a. Requests that a study be carried out on the powers, rights and duties of the European Parliament in the procedure for granting discharge to the Council, particularly as regards expenditure relating to the Common Foreign and Security Policy (CFSP) and military operations;
Amendment 3 #
2008/2277(DEC)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, however, in its report on the 2007 financial year, the European Court of Auditors did not make any material absolutions on the Council's management which would justify refusal of discharge;
Amendment 5 #
2008/2277(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Requests that a study be carried out on the current powers, rights and duties of the European Parliament in the procedure for granting discharge to the Council, particularly as regards expenditure relating to the Common Foreign and Security Policy (CFSP) and military operations;
Amendment 14 #
2008/2276(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Notes with concern the statement by DG Translation in its activity report that the code of conduct on multilingualism is only respected in 60% of cases, and that failure to comply with the code is unacceptably serious in certain committees; regards this deterioration in the situation with regard to multilingualism as a serious obstacle to democracy and the normal exercise of the office of Member of the European Parliament;
Amendment 132 #
2008/2237(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission continuously to enhance the framework requirements for access of SMEs to foreign markets and to support the provision of information; encourages the setting up of European business support centres in China and India, in close cooperation with national business support centres already operating there; calls on the Commission to include in its work programme the incorporation of equal treatment for SMEs in the rules of the World Trade Organisation (WTO) on access to public procurement contracts; calls on the Commission to pay particular attention to the problems encountered by SMEs with customs formalities, in particular by facilitating the adaptation of their computer systems as cheaply as possible to those used by national customs authorities, and by simplifying the arrangements for access to the status of economic operator;
Amendment 169 #
2008/2237(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates that the financial rules governing Community programmes often lead to unnecessarily bureaucratic, long and costly procedures, particularly for SMEs; calls on the Commission to enhance the role and visibility of the respective SME designates in the different policy areas; furthermore, encourages all initiatives which enable the development of an "SME spirit" in policy making within public authorities; calls on the Commission to submit proposals for the simplification of administrative requirements, particularly those concerning accounting, tax, social security and statistics, while ensuring that third parties, administrators and the SMEs themselves have access to an administrative information, accounting and management system compatible with their economic and social responsibilities;
Amendment 7 #
2008/2206(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the European Parliament should, from now on, communicate with the national parliaments of the countries under the IPA;
Amendment 17 #
2008/2206(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. calls for this resolution to be translated into the national languages of the countries under the IPA;
Amendment 18 #
2008/2206(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Instructs its President to forward this resolution to the Council and Commission. , as well as to the governments, parliaments and national control institutions of the countries under the IPA, translated into their national languages;
Amendment 4 #
2008/2186(DEC)
Paragraph 1
1. .........Grants the Commission discharge in respect of the implementation of the European Union general budget for the financial year 2008;
Amendment 16 #
2008/2186(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Regrets that, for the fourteenth year in succession, the DAS issued by the ECA in its annual report for 2007 includes an opinion on the legality and regularity of the transactions underlying the accounts in which the ECA takes the view that, in a large number of expenditure areas (agriculture - excluding the European Agricultural Guarantee Fund (EAGF) - and natural resources, cohesion, research, energy and transport, external aid, development and enlargement, education and citizenship), payments are still materially affected by errors, albeit to differing degrees;
Amendment 17 #
2008/2186(DEC)
Paragraph 1
1. .........Approves the closure of the accounts of the European Union general budget for the financial year 2008;
Amendment 19 #
2008/2186(DEC)
Paragraph 1 a (new)
1a. Presents its observations forming an integral part of the Decisions on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III – Commission and executive agencies;
Amendment 19 #
2008/2186(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that, according to the ECA's report, administrative expenditure and, expenditure relating to economic and financial affairs and expenditure relating to the European Agricultural Guarantee Fund (EAGF), are free from material error;
Amendment 21 #
2008/2186(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers it abnormal for the annual accounts to show net assets of - EUR 58.6 billion and wonders whether the amounts to be called from Member States should not be entered as liabilities, given that the estimated EUR 33.5 bn in employee benefitstaff pensions are clearly a commitment; regrets that the annexed notes on the other amounts to be called from Member States, totalling EUR 27.9 bn, are not very detailed; notes the explanations provided by the Commission's Accounting Officer to the effect that international accounting standards applicable to the public sector have been complied with; proposes that consideration should be given to establishing a Community pension fund in order to externalise these financial commitments vis-à-vis staff;
Amendment 25 #
2008/2186(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Expresses concerns and doubts about the possibility of appointing "non category” senior officials, unless specifically mentioned in the staff establishment plans, in the last step of the AD16 grade under any circumstances, and asks the Commission to clarify the possibilities under the Staff Regulations in the light of this specific budgetary position;
Amendment 27 #
2008/2186(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the fact, nonetheless, that in extremely important Community spending areas (agricultural spending that does not come under the Integrated Administration and Control System (IACSexcluding the European Agricultural Guarantee Fund (EAGF), cohesion, research, energy and transport, external actions, education and culture), the ECA notes, once again, that complicated or unclear legal requirements, firstly, result in a large number of errors at final- beneficiary level and, secondly, result in only partially effective monitoring and control systems and that that complexity is instrumental in preventing the ECA from issuing a positive DAS (Chapter 1, DAS, paragraphs X and XI); calls therefore on the Commission to conduct an analysis to determine the extent of, and possible solutions to, the problems;
Amendment 29 #
2008/2186(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to further step up its monitoring of controls delegated to Member States and to give them clear guidance on how to prevent, identify and correct errors, and insists that, where information from Member States on' control systems is still insufficient, it lay down clear deadlines and apply sanctions where those deadlines are not metremain ineffective, it do everything in its power to compel the Member States to meet their obligations and make the necessary improvements, in particular by imposing payment suspensions and financial corrections;
Amendment 30 #
2008/2186(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it abnormal that the annual accounts should be presented with negative own capital of EUR 51 400 000 000 and wonders whether the amounts to be called on from the Member States should not be shown as assets, since this involves a certain commitment concerning pensions payable to staff and estimated at EUR 37 000 000 000; notes the explanations by the Commission’s accountant to the effect that the international accounting standards applicable to the public sector were duly applied; proposes that consideration be given to creating a Community pension fund to externalise financial commitments of this kind concerning staff;
Amendment 30 #
2008/2186(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points also to the importance of the final decisions and corrective measures taken with the aim of removing Community funding from expenditure which has not been carried out in conformity with Community legislation, and restates its call for the precise budget heading and the year to which individual recoveries relate to be specified, in keeping with standard practice in the agriculture and natural resources sector;
Amendment 31 #
2008/2186(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to enhance the efficiency and effectiveness of multiannual recovery systems, including at Member State level, and to consolidate data on recoveries and financial corrections, in particular in the areas covered by the Structural Funds, in order to provide reliable figures which can be compared between the various policy areas and fund management procedures; calls on the Commission to report to Parliament in the notes accompanying the annual accounts, so that an overview can be obtained;
Amendment 32 #
2008/2186(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Court of Auditors to provide at the next discharge the statement of assurance as to the legality and regularity of the underlying transactions as required in Article 287(1), second subparagraph, of the Treaty on the Functioning of the EU, just as it does for the reliability of the accounts;
Amendment 32 #
2008/2186(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the fact that annual summaries of audits are being made available as from 2008, and the evaluation and declarations presented in the 2007 annual activity reports of the Structural Funds directorates-general, but observes with concern that, owing to disparities in presentation, the ECA considers that those summaries do not yet constitute a reliable appraisal of the operation and effectiveness of the control systems; calls on the Commission, in that connection, to analyse the summaries received in 2009 with the aim of optimising their added value in terms of the assurance they provide regarding the operation of the internal control systems employed by the Member States;
Amendment 38 #
2008/2186(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to put forward proposals for shortening the periods involved in the discharge process, so that the vote in plenary can be held in the year following the financial year under review;
Amendment 40 #
2008/2186(DEC)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets also the fact that, to date, it has not received detailed information from the Commission on an assessment and comparative analysis of the initial annual summaries presented, and considers it of utmost importance that the quality of those annual summaries be reported on in order to ensure that value is added to the process by, among other things, identifying common problems, possible solutions and best practices; welcomes the work done by the Commission with a view to increasing the degree of standardisation and consistency of the summaries;
Amendment 46 #
2008/2186(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Welcomes the Commission communication of 16 December 2008 on a common understanding of the concept of tolerable risk of error as a sound methodological basis for an economic analysis of tolerable level of risk, and expects the Commission to take this work further when preparing its prospective proposal on tolerable level of risk by budgetary area; recognises, in this context, the importance of that communication as an initial basis for discussion, from a strictly economic perspective, on 'tolerable level of risk' for two Union spending areas, i.e. the ERDFStructural Funds and the EAFRD; calls, however, for this dialogue between external auditor and auditee to continue to comply with international auditing standards requiring the external auditor to assess the risks on the basis of which he forms his judgment as to the choice of audit procedure;
Amendment 47 #
2008/2186(DEC)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Has doubts as to the reliability of data onprovided by Member States and therefore calls for statistics, plus an in-depth analysis thereof, for the 2007-2013 period with regard both to areas addressed and areas not addressed by the communicationconcerning the Structural Funds and therefore calls on the Commission to compile fresh statistics, plus an in-depth analysis thereof, once the impact of the 2007-2013 rules becomes clear and to forward that analysis to Parliament and the Council before the end of 2011;
Amendment 48 #
2008/2186(DEC)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Given the pressing need to continue to analyse the costs and benefits of control, calls on the Commission, with the technical support of the Court of Auditors, to carry out an in-depth analysis in the areas of research, external relations and administrative expenditure, and to submit a report on the findings before the end of 2010;
Amendment 49 #
2008/2186(DEC)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Takes the view that simplifying the criteria governing eligibility for Community intervention would serve to reduce the error rate; emphasises, however, that such a simplification requires the support of Parliament and the Council and concludes that the discussion of the 'tolerable risk of error' must take place before that simplification exercise, which must start without delay, has been completed;
Amendment 50 #
2008/2186(DEC)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Proposes that the Commission split the hierarchical power between people with accounting responsibility and those responsible for transferring funds in application of the normal security rules for internal control in treasury management;
Amendment 57 #
2008/2186(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes that, since the financial year 2007, it has been compulsory to publish the names of recipients of European funds; notes with regret that Parliament has no overview either of publication or of the details of recipients and their projects, whilst welcoming the introduction by the Commission of the 'financial transparency system' search engine, which gives an overview of the recipients of centrally managed Community grants, and of the specific external assistance search engine; calls on the Commission to assess the usefulness of the information published by the Member States in the light of the policy objectives set forth;
Amendment 60 #
2008/2186(DEC)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Remarks, however, that the measures taken on grants have demonstrated their effectiveness in part only; asks that the Commission present to it by the end ofMay 2010 proposals for a revised and fully consolidated Financial Regulation with chapters specific to individual expenditure programmes which bring together all the requirements which a beneficiary of a programme must fulfil in one single comprehensive source and with further simplifications as regards the award and control of grants; calls, pursuant to Article 184 of the Financial Regulation, for the next three-yearly revision of the Financial Regulation to be carried out by means of the conciliation procedure;
Amendment 69 #
2008/2186(DEC)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Notes with concern the ECA's conclusion that the transactions underlying this policy group, taken as a whole, are affected by a material level of error of legality and/or regularity (paragraphs 5.12 and 5.13 of the annual report for 2007), and also takes note of the problems found by the ECA at final-beneficiary level and of the fact that about 20% of payments audited at that level again turned out to be incorrect; however takes note of the decreasing frequency of errors and of the limited financial impact of these errors (0.83% of the expenditure concerned);
Amendment 72 #
2008/2186(DEC)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Regards as unacceptableDeplores the existence of problems, detected once again by the ECA, in implementing the Integrated Administration and Control System in Greece and supports the Commission's intention, as stated to the parliamentary committee responsible, to apply current legislation on suspension of payments rigorously if the Greek Government does not remedy the existing problems within the stated time limits; calls for payments to be suspended if the Greek authorities are unable to prove that the problems have been resolved by the date on which this resolution is adopted;
Amendment 74 #
2008/2186(DEC)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Deplores in particular the fact, as regards Single Payment Scheme management and control, that the ECA exposes inadequacies, in several 'old' Member States, affecting control systems in this area (in the Netherlands, Portugal, the United Kingdom, France and Spain; paragraph 5.26 of the annual report for 2007) and a number of systemic shortcomings with regard to area-aid eligibility checks in Greece, Italy, Spain, the United Kingdom, France and the Netherlands (see Annexes 5.1.1 and 5.1.2 to the annual report for 2007); notes the Commission’s replies, which challenge the Court of Auditors' depiction of the situation;
Amendment 75 #
2008/2186(DEC)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Deplores the fact that the same weaknesseshortcomings inherent in the clearance system were again found by the ECA in 2007, such as the retroactive and multiannual nature of the conformity clearance and the fact that no valid link can be made between the amounts recovered and the real amount of irregular payments (paragraph 5.47 of the annual report for 2007);
Amendment 76 #
2008/2186(DEC)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Considers that, after a number of years of the same serious criticisms of the same problem by the ECA, the Commission must propose measures to reform the system to make it entirely possible to establish clear and valid links between amounts recovered and the real amount of irregular payments, so and ensure, as far as possible, that the cost of financial corrections is bornemet by the final beneficiaries at fault and not by the taxpayer inand that flat-rate corrections are applied to those Member State concerneds which fail to meet their obligations;
Amendment 85 #
2008/2186(DEC)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Notes that the Commission does not seriously dispute that rate of 11%;
Amendment 87 #
2008/2186(DEC)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Wonders whetherNotes that the number of audits carried out by the ECA (180 interim reimburseseems low when set against the number of payments to final beneficiaries (for example, in the area of cohesion policy the ECA audited 180 interim payments, according to paragraph 6.21 of the annual report for 2007) is sufficient to estimate an error rate for hundreds of thousands of payments to final beneficiaries; , out of several hundred thousand payments to final beneficiaries), but notes that this audit methodology is consistent with international audit standards in the light of the opinion contained in the report on the International Peer Review of the ECA undertaken by a team of experienced financial and performance auditors from the supreme audit institutions of Austria, Canada, Norway and Portugal;
Amendment 92 #
2008/2186(DEC)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Also reminds the Commission of the ECA's recommendation to make as much use of possible, without undermining the effectiveness of spending, of the scope for simplification provided for by the spending rules, and calls on it to launch a discussion exercise on new simplification measures that might be adopted, including computerisation of the system;
Amendment 101 #
2008/2186(DEC)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68a. Calls on the Commission to continue to apply financial corrections in order to remove any irregular items of expenditure declared at an earlier stage and to employ rigorous closure procedures for the 2000- 2006 ERDF, Cohesion Fund and ESF programmes so that, when the accounts are closed, such items of expenditure have been largely eliminated; calls on the Commission, further, to continue to provide it with detailed information about the financial corrections applied and, once the closure procedure has started, to provide an estimate of the residual error rate in the programmes closed in this way;
Amendment 105 #
2008/2186(DEC)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Calls upon the Commission to continue to fulfil the requirement ofexploit the repayment possibilities offered by the seventh Framework Programme rules for participation, inter alia a flat-rate payment procedure, and to inform the parliamentary committee responsible in the context of the mid-term review;
Amendment 111 #
2008/2186(DEC)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79a. Notes that, in the new generation of programmes, the Directorate-General for Education and Culture has harmonised the action programmes and introduced the single internal audit approach; in that context, takes the view that the ex ante and ex post declarations made by the Member States constitute new factors in the supervision and internal control of systems;
Amendment 112 #
2008/2186(DEC)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Regrets, however, the shortcomings found by the ECA in the ex ante declaration procedure and the finding that the procedure provides no more than limited assurance as to the quality of the management of the expenditure concerned (paragraph 9.16 of the annual report for 2007); notes, however, that the ex ante declaration is only one of the pieces of evidence which the ECA obtains in the course of its audit with a view to delivering its opinion;
Amendment 113 #
2008/2186(DEC)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Remarks that external aid was virtualhardly unaffected by the most recent revision of the Financial Regulation, and calls for revision of Title IV, 'External action', of the Financial Regulation, so as to bring it more into line with the special conditions relating to contracts and grants in this area, and of the joint and decentralised management arrangements;
Amendment 114 #
2008/2186(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Proposes the organisation of an interinstitutional conference involving all the actors concerned by the work of managing multidonor trust funds with a view to improving the procedures for drawing up contracts between the Commission and the various United Nations agencies; proposes, where appropriate, that the Commission ensure that it can manage the multidonor trust funds itself, where appropriate, when it is involved in such funds;
Amendment 117 #
2008/2186(DEC)
Motion for a resolution
Paragraph 93
Paragraph 93
93. Wonders about the role and growing number of NGOs in the administration of Community funds; calls on the Commission to review the operating grants for the NGOs' Brussels headquarters, and to allow those grants to expirpply strictly the principle of the degressivity of operating grants laid down in the Fin 2013ancial Regulation;
Amendment 118 #
2008/2186(DEC)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93a. asks the Commission to compile, by the end of 2009, a comprehensive list of all NGOs who received EU funds;
Amendment 119 #
2008/2186(DEC)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Considers that thought should be given to clarifying funding structures (European Development Fund (EDF), Commission, European Investment Bank, etc.) in the development and external actions fields, with a view to giving greater visibility to Community action and ensuring better auditing of the funds committed; calls for a study to be carried out into the incorporation of the EDF into the Community budget with a view to a political debate on this subject;
Amendment 120 #
2008/2186(DEC)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Notes that between 2004 and 2007 EUR 650 000 000 in Phare funding, EUR 445226 000 000 in Sapard funding and EUR 440 500 000 in ISPA funding were made available to Bulgaria, while some EUR 1 346 500 000 in Phare funding, EUR 526 300 000 in Sapard funding and EUR 1 027 940 500 000 in ISPA funding were made available to Romania over the same period;
Amendment 122 #
2008/2186(DEC)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Voices concern, furthermore, at the fact that the Member of the Commission with responsibility for enlargement failed to provide the Committee on Budgetary Control with sufficiently detailed information about the scale of the shortcomings in good time, despite the efforts he has made to keep Parliament informed about the situation in these two Member States and his stated intention to keep Parliament’s committee responsible informed about developments in this matter;
Amendment 124 #
2008/2186(DEC)
Motion for a resolution
Paragraph 105
Paragraph 105
105. Voices serious concern at the fact that the Commission suspendedhalted payments totalling EUR 200 000 000 in agricultural funding for Romania and froze EUR 250 000 000 in Phare funding, EUR 105 000 000 in Sapard funding and EUR 14415 000 000 in ISPA funding in Bulgaria, resulting in a final loss of EUR 220 000 000 for Bulgaria;
Amendment 128 #
2008/2186(DEC)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Notes that over the period 2007 to 2013, Bulgaria is to receive EUR 6 500 000853 000 in structural funding, and Romania EUR 20 319 200 000 000;; in addition to the information given in the annual activity report and in the reports on the Structural Funds and the Cohesion Fund, calls for quarterly reports on the administration of these funds until the situation has been clarified;
Amendment 130 #
2008/2186(DEC)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Considers that the European institutions should apply the principle of zero tolerance in connection with cases of misuse of Community funds, fraud and corruption; calls on the Commission to ensure that unduly paid amounts are recovered and that, in future, only contracts with recipients not affected by irregularities will be eligible for the transfer of European fundsand grants funded from the Community budget may only be awarded to recipients not excluded within the meaning of and pursuant to Articles 93 to 96 of the Financial Regulation;
Amendment 142 #
2008/2186(DEC)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Voices its disappointment at the incorrect informationmany forms of information obtained using differing approaches given by the Commission infor the years 2005 and 2006 in this area, which is extremely important from a budgetary point of view, a state of affairs which makes it impossible to gain an overall picture of the situation quickly; acknowledges the efforts made in the meantime as regards transparency on the Commission web site and the annual staff screening report;
Amendment 147 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issues by the Court of Auditors
Part I Paragraph 130
Part I Paragraph 130
130. notes the tardily-sent information on the amounts spent on TA recently provided by the Commission to the Court following publication of the Court's special report; is surprised that this information was not made available during the preparation of the special report; acknowledges that the OECD's definition of DAC is broad and in practice leads to differences in interpretation; expects that the strategy adopted by the Commission will also lead to a newmore operational definition of TA;
Amendment 155 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issued by the Court of Auditors
Part II
Part II
Paragraph 138
138. Notes the Commission's replies to the effect that in 2008 the Modernised Customs Code (MCC), adopted in 20081, will make BTI binding on the holder, the often lengthy dispute-resolution process will be shortened,work of updating the thesaurus will be updatedcontinue and the user interface will soon beis available in all EU official languages; _________ 1 Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
Amendment 156 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issued by the Court of Auditors
Part II
Part II
Paragraph 139
139. Urges the Commission to resolve tariff-classification disputes by the deadlines laid down by Community law and, at the latest, within five months and, in view of the possible loss of own resources, to increase the EBTI-3 database staffing level from 1.5number of staff working on BTI and classification to 54 persons and to ensure that those persons also carry out more risk analyses and exercise more stringent scrutiny of Member State contributions to the system, possible abuses of the period-of- grace system and BTI 'shopping';
Amendment 157 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issued by the Court of Auditors
Part II
Part II
Paragraph 140
Amendment 158 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issued by the Court of Auditors
Part IV
Part IV
Paragraph 144
144. Regrets that national authorities are obliged to carry out a host of inspections, which are likely to be superficial, thus making it impossible to determine the credibility of direct-sales declarations; welcomes Commission Regulation (EC) No 228/20081 which reduces to 1% the inspection rate for producers whose production is less than 5000 kg; _______________ 1 Commission Regulation (EC) No 228/2008 of 13 March 2008 amending Regulation (EC) No 595/2004 with regard to intensity of controls on deliveries and direct sales of milk (OJ L 70, 14.3.2008, p. 7).
Amendment 159 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issued by the Court of Auditors
Part IV
Part IV
Paragraph 148
148. Calls on the Commission to ask the new Member States to improve their database record-keeping, as requested by the ECA in its report, and to optimise cross-avoid unnecessary checks;
Amendment 160 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issued by the Court of Auditors
Part IV
Part IV
Paragraph 149
149. Calls on the Commission to move forward with the common agricultural policy 'health check', which should enablcontinue to assess developments in the dairy sector, in particular those linked to its market, to the sit to be determined whether milk quota levels should be adjusted or whether technical improvements need to be made beforeuation of producers, and to the implications for regional development, in particular in the assessment reports to be submitted before 31 December 20150 and the scheme's discontinuation, with the aim being to ensure transition before 2015 within a framework that it as transparent and simple as possiblebefore 31 December 2012 under the terms of the political agreement on the common agricultural policy ‘health check’ concluded in November 2008;
Amendment 161 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issued by the Court of Auditors
Part IV
Part IV
Paragraph 150 a (new)
150a. Calls on the Commission to check whether the quota level should be adjusted or whether technical improvements are needed before the scheme expires in 2015, the aim being to prepare, prior to 2015, a transition which is as transparent and straightforward as possible;
Amendment 162 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issues by the Court of Auditors
Part VIII
Part VIII
Paragraph 171
171. considers that the cross-compliance framework should be further simplified by limiting it to the principal elements of farming activities where improvements are sought and by specifying the expected results, requirements and standards;
Amendment 163 #
2008/2186(DEC)
Motion for a resolution - Conclusions concerning the special reports issues by the Court of Auditors
Part VIII
Part VIII
Paragraph 172
172. Invites the Commission to draw a clear distinction between cross-compliance and agri-environment; elements of rural development policy such as the approval of standards by the Commission and the obligation to lay down verifiable standards should also apply to cross- compliance;
Amendment 164 #
2008/2186(DEC)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Article 184 of the Financial Regulation provides for a revision of the Financial Regulation whenever it proves necessary, and at least every three years, and whereas the current three-year period will end in May 2010; whereas the same article stipulates that Parliament must request the conciliation procedure if it wishes it to be used,
Amendment 165 #
2008/2186(DEC)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the political power of the European Communities over the non- executive agencies seems to be widening from year to year, and whereas their place in the political organigramme of Community operational bodies is gradually being obscured,
Amendment 166 #
2008/2186(DEC)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas, in the new generation of programmes, the Directorate-General for Education and Culture (DG EAC) has harmonised the action programmes, in particular by introducing the single audit approach; whereas, in that context, the ex ante and ex post declarations made by the Member States constitute new, additional factors in the supervision and control of systems,
Amendment 167 #
2008/2186(DEC)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas Article 83 of the Staff Regulations of officials of the European Communities stipulates that pensions are charged to the budget and that the Member States must jointly guarantee payment of such benefits in accordance with the scale laid down for financing such expenditure; whereas staff pay back to the general budget 10.25% of their salaries as their contribution to the funding of the pension scheme,
Amendment 168 #
2008/2186(DEC)
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. whereas Article 83 of the Staff Regulations lays down that the Member States must jointly guarantee the pension fund, which signifies that this guarantee may take effect should one or more Member States default, but does not imply that the Communities do not have a claim against the Member States which entered into that commitment,
Amendment 169 #
2008/2186(DEC)
Motion for a resolution
Citation 23 a (new) (to be inserted into all the decisions if adopted)
Citation 23 a (new) (to be inserted into all the decisions if adopted)
– having regard to the International Peer Review of the European Court of Auditors,
Amendment 170 #
2008/2186(DEC)
Motion for a resolution
Recital 26 a (new) (to be inserted into all the decisions if adopted)
Recital 26 a (new) (to be inserted into all the decisions if adopted)
– having regard to Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities1, in particular Title V, Chapter 3, dealing with old-age and invalidity pensions, and Annex XII, which lays down the implementing provisions for Article 83a of the Staff Regulations, _______________ 1 OJ L 56, 4.3.1968, p. 1.
Amendment 199 #
2008/2186(DEC)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 287(1), second subparagraph, of the Treaty on the Functioning of the EU requires the Court of Auditors to provide Parliament and the Council with a statement of assurance as to the legality and regularity of the underlying transactions, adding that the statement may be supplemented by specific assessments for each major area of Union activity;
Amendment 205 #
2008/2186(DEC)
Recital I a (new)
Ia. whereas the current discharge schedule is much too long in view of the need to introduce as quickly as possible the corrective measures and reforms called for by Parliament in its control capacity; whereas the annual accounts must be drawn up before the end of the first quarter of the year following the financial year under review, so that the Court of Auditors can deliver its report before the end of the second quarter of the year following the year under review;
Amendment 206 #
2008/2186(DEC)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas Article 83 of Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities1 stipulates that pensions are charged to the budget and that the Member States jointly guarantee payment of such benefits in accordance with the scale laid down for financing such expenditure; whereas staff pay back to the general budget a share of their salaries to contribute to the funding of the pension scheme,
Amendment 207 #
2008/2186(DEC)
Motion for a resolution
Recital I c(new)
Recital I c(new)
Amendment 7 #
2008/2156(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that, in the EMU@10 communication, the Commission has not conducted a more detailed and precise analysis of the euro's international role; calls on the Commission to produce a detailed report on the external dimension of the common monetary policy and on its repercussions for the euro zone's economic and trading performance;
Amendment 16 #
2008/2156(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that coordination between the World Trade Organisation (WTO) and the Bretton Woods institutions (International Monetary Fund (IMF) and World Bank Group) is vital to combat speculation and meet the challenges posed by the serious crisis not just in the monetary sector, but also in the financial, energy and food sectors which is currently threatening both the industrialised and the least-developedall countries;
Amendment 19 #
2008/2156(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Proposes also that consideration be given to the feasibility of setting up a monetary disputes settlement body modelled on the trade disputes body established at the WTO., a body which could help stabilise the world monetary system, reduce the risk of abusive practices and give world markets the confidence they need to cope successfully with new economic challenges posed, in particular, by globalisation, increasing scarcity of natural resources and the emergence of new trading powers;
Amendment 20 #
2008/2156(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports the Commission proposal to develop common European monetary positions by consolidating representation of the euro zone and ultimately securing a single seat, for the euro zone, in international financial institutions and fora.
Amendment 1 #
2008/2155(INI)
Draft opinion
Paragraph 1 − introductory wording
Paragraph 1 − introductory wording
1. Stresses that the European Investment Bank (EIB) should pursue a "zero- tolerance" policy towards fraud and corruption and welcomes in this respect the review of its anti-fraud Policypolicy on fighting corruption, fraud, money-laundering and the financing of terrorism; is concerned however that this policy seems to remain largely passive; reiterates its calls on the EIB to include, in adopting its anti-fraud policy and procedures, measures aimed at:
Amendment 3 #
2008/2155(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Congratulates the EIB on signing, in October 2007 in Washington, an 'approach statement' on corporate governance in emerging markets, signed by the development finance institutions, which places corporate governance at the forefront of their sustainable development agenda in emerging markets;
Amendment 4 #
2008/2155(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the urgent need to establish an independent regulatory structuremission to oversee the quality of the EIB's financial situation and to ensure that its results are accurately measured and the profession's rules of good conduct observed; recommends also the further strengthening of the EIB's Audit Committee.; pending the establishment of an official European banking regulator, suggests that every possible scenario should be envisaged, including, for example, involvement of a national regulator or a number of national regulators on an annually rotating basis or referral to the Council by the Commission on the basis of Article 105(6) of the EC Treaty;
Amendment 5 #
2008/2155(INI)
Draft opinion
Paragraph 6a (new)
Paragraph 6a (new)
6a. Regrets that the European Investment Bank is not the subject of a specific report by the European Parliament, given that there is a direct link between the Bank and the Member States which are its only shareholders, in contrast to the European Bank for Reconstruction and Development, whose shareholders include many non-European countries such as Switzerland, Israel, Turkey, Russia, Canada, the Republic of Korea, the United States, Japan and Mexico;
Amendment 1 #
2008/2133(INI)
Motion for a resolution
Citation (new)
Citation (new)
- having regard to the Commission communication to the European Parliament, the Council and the European Economic and Social Committee on 'An Industrial Property Rights Strategy for Europe' of 16 July 2008 (COM(2008)0465),
Amendment 15 #
2008/2133(INI)
Motion for a resolution
Recital I a (nouveau)
Recital I a (nouveau)
Ia. whereas more repressive action should be taken against counterfeiters of products that have a direct impact on public health,
Amendment 24 #
2008/2133(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas, as regards products having direct impact on public health, internet and parallel trade distribution networks contribute greatly to the spread of counterfeit products that are dangerous to public health,
Amendment 38 #
2008/2133(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to propose and support the drafting of a protocol on counterfeiting, additional to the Palermo International Convention on organised crime;
Amendment 40 #
2008/2133(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that in several emerging economies, the production of counterfeit and pirated goods has reached alarming levels; whilst welcoming the cooperation initiatives hitherto implemented, is of the view that special measures are required in order to strengthen coordination between customs, judicial and police authorities with the countries concerned and to encourage the harmonisation of the laws of these countries with those of the European Union;
Amendment 42 #
2008/2133(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages the Commission and the Member States to strengthen their cooperation with Euro-Mediterranean partner countries within the Euromed Market programme and promote in the Euro-Mediterranean region a common approach to legislation, procedures and implementation with regard to customs cooperation and action to combat counterfeiting and piracy in order to facilitate trade between Euro- Mediterranean partner countries;
Amendment 53 #
2008/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to make all appropriate efforts to achieve a swift and satisfactory conclusion to the ACTA agreement; takes the view that not only is the entry into force of the agreement an essential international benchmark, but that it can ensure that counterfeiting is suppressed more effectively and provide an important tool for putting pressure on non-signatory third countries; supports the establishment of a task force to examine the implementation of the agreement, by promoting this subject in dialogue between the European Union and third countries and as part of cooperation measures with those countries;
Amendment 56 #
2008/2133(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to negotiate with third countries the establishment of task forces to combat counterfeiting and of ambitious, exemplary and deterrent criminal sanctions against counterfeiting, in particular in discussions on free-trade agreements;
Amendment 60 #
2008/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the growing interest shown by a number of WTO member countries in the ACTA and hopes that the agreement can be signed also by China, India and other emerging countries, the economies of which are more directly concerned by counterfeiting;
Amendment 75 #
2008/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that the GSP regulation also provides for the possibility of temporarily suspending preferences for those partners which implement unfair trading practices; takes the view that in the event of particularly serious casesviolations of intellectual property, such as cases constituting a serious threat to safety and public health, the use of such a deterrent should be taken into due consideration by the Commission;
Amendment 83 #
2008/2133(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes the worrying spread of counterfeiting and piracy, in particular, in a globalised economy, and its serious implications for the competitiveness of the European Union and its businesses, creators and consumers; calls therefore on the Member States to provide consumers with sufficient information on the dangers of counterfeiting and piracy, in particular the considerable health and safety risks which counterfeit products, including medicines, pose to consumers;
Amendment 86 #
2008/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need for improved coordination within the Commission between departments dealing with the suppression of counterfeiting and for better dissemination of the Community initiatives the Commission adopts in this regard, given that the fragmentation of sanction arrangements is detrimental to the internal market and weakens the European Union in its trade negotiations; stresses also that the private and public sectors should extend their cooperation to ensure that measures to combat counterfeiting are more active, dynamic and effective;
Amendment 87 #
2008/2133(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the need to develop appropriate ongoing training courses for customs staff, magistrates and other professionals concerned and to encourage the Member States to set up specialised anti-counterfeiting teams;
Amendment 96 #
2008/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that the establishment of a single European authorityalls on the Commission to set up a European Counterfeiting Monitoring Centre operating with the support of the Commission's services and responsible for coordinating the fight against counterfeiting and piracy cannot be postponed; such an authority should be able to ensure better organisation of the various players at European level and create synergies with the private sector and the authorities of the Member States responsible for combating counterfeiting; takes the view that this authorityMonitoring Centre needs to be established in order to increase the authoritativeness of the EU position internationally and the effectiveness of its anti-counterfeiting action;
Amendment 97 #
2008/2133(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recommends further improvement and better coordination of customs procedures in the European Union in order substantially to restrict access of counterfeit and pirated products to the single market; takes the view that a more effective suppression of counterfeiting should take due consideration of the prominent role that the Internet has acquired in marketing and promoting counterfeit and pirated products; calls also on the Commission to submit a proposal to Parliament and the Council to provide the European Union and its Member states with EU-level qualitative and statistical data on counterfeiting, in particular via the Internet;
Amendment 101 #
2008/2133(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that, for traceability purposes, steps should be taken to encourage measures taken by industry to use modern technologies to distinguish more effectively between original products and counterfeit products, and calls on the Commission to take the necessary steps to promote and establish such constructive steps on a permanent basis;
Amendment 103 #
2008/2133(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to promote measures that are complementary to legislative standards and, in particular, to establish a European awareness-raising day on the dangers of counterfeiting aimed at changing people's attitudes to counterfeiting and piracy;
Amendment 1 #
2007/2256(INI)
Motion for a resolution
Recital 14 a (new)
Recital 14 a (new)
– having regard to the communication of 1 April 2008 from the Commission entitled ‘Strategy for the evolution of the customs union’ (COM(2008)0169),
Amendment 2 #
2007/2256(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the concepts of customs union and common trade policy are coterminous,
Amendment 3 #
2007/2256(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the European Union’s import and export rules and procedures continue to play a crucial role in the smooth functioning of the internal market,
Amendment 4 #
2007/2256(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas, over the years, the common trade policy has undergone important changes which have required - and continue to require - continual adjustments to the import and export rules and procedures,
Amendment 5 #
2007/2256(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas simplifying and updating the import and export rules and procedures in the European Union and at international level are of strategic importance for competitiveness and trade,
Amendment 6 #
2007/2256(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the specific problems encountered by SMEs with regard to mastering customs rules and procedures often impede such firms' access to international trade and prevent them from taking full advantage of all the opportunities offered by globalisation,
Amendment 7 #
2007/2256(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas correct assessment of the tariff classification, origin and value of imported goods is essential for the proper application of the common customs tariff, tariff preferences, anti-dumping and anti- subsidy measures and a whole range of other trade policy instruments,
Amendment 9 #
2007/2256(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the role of customs is now moving away from the simple collection of customs duties, an important task which, however, has been considerably scaled down over the last twenty years, towards the application of non-tariff measures, especially in respect of security and safety, combating counterfeiting, money laundering and drugs, and towards the application of measures concerning health, the environment and consumer protection, not to mention the collection of VAT and import/excise duties and exemption from export/excise duties, as well as, of course, compliance with the Union’s trade policies,
Amendment 11 #
2007/2256(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas developing countries experience particular difficulties in setting up effective customs systems, especially with regard to infrastructure, equipment and staff training and integrity,
Amendment 12 #
2007/2256(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the essential objective of facilitating trade must be reconciled with the equally important objective of effective controls,
Amendment 14 #
2007/2256(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas greater use of information technology and other modern technologies when processing customs transactions and checking goods produces significant improvements in efficiency and speed,
Amendment 15 #
2007/2256(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas it is necessary to take into account the interoperability requirements imposed by the use of such equipment and the costs incurred by its use by the administrative authorities concerned and economic operators,
Amendment 16 #
2007/2256(INI)
Motion for a resolution
Recital G
Recital G
G. whereas one of the new fundamental objectives laid down in Article 2(5) of the Treaty on European Union, as amended by Article 1(4) of the Treaty of Lisbon, is that in its relations with the rest of the world the Union must contribute to the protection of its citizens; whereas the Treaty on European Union also specifies, in Article 2(2) as amended by Article 1(4) of the Lisbon Treaty, that the Union offers its citizens ‘an area of freedom, security and justice’ without internal borders, ‘in which the free movement of persons is assured in conjunction with appropriate measures’ with respect to (inter alia) external border controls,
Amendment 17 #
2007/2256(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the World Customs Organisation (WCO) plays an important role in promoting trade through international customs cooperation,
Amendment 18 #
2007/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Greatly regrets that Parliament is not more closely involved, so as to enable it to exercise the right of prior scrutiny it enjoys under the comitology procedure, in considering the draft regulation on the reform of the rules of origin of the Generalised System of Preferences, currently under consideration by the Member States in the context of the Customs Code Committee, is not subject to any right of scrutiny by Parliament, in spite of its importance and great political sensitivityn spite of the importance and great political sensitivity of this reform; notes, however, that the Commission is due to deliver a presentation on the subject to the parliamentary committee responsible;
Amendment 19 #
2007/2256(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deplores, also, that the delay in concluding economic partnership agreements with the ACP countries has made it impossible up to now to apply, in our preferential relations with those countries, the simplified and updated rules of origin to which all partners concerned aspire; calls on the Commission to speed up the relevant proceedings;
Amendment 20 #
2007/2256(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes, however, that in the case of both the GSP (Generalised System of Preferences) and the EPA (economic partnership agreements) it is important to ensure that the preferences granted to countries benefiting from these arrangements in certain sensitive sectors do not lend themselves too easily to being exploited by very competitive third countries by virtue of excessively flexible rules of origin;
Amendment 21 #
2007/2256(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Regrets that European firms are making little use of Community 'customs warehousing' and outward and inward processing procedures due to their complexity; calls on the Commission to consider simplifying the 'procedures with economic impact', introducing more flexible procedures and introducing a paperless system;
Amendment 25 #
2007/2256(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Also supports the Commission's ambitious plans to include a chapter on facilitating trade and customs cooperation in all the new free trade agreements it negotiates, in line with its Communication of 4 October 2006 entitled 'Global Europe: Competing in the World – a contribution to the EU's growth and jobs strategy' (COM(2006)0567);
Amendment 29 #
Amendment 35 #
2007/2256(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on the Commission to make every effort, particularly in the Transatlantic Economic Council, to convince our American partners to refrain from implementing this legislation or, at least, to make it considerably more flexible; undertakes to defend the Union's position on this subject in discussion with members of the American Congress in the Transatlantic Legislators' Dialogue (TLD);
Amendment 36 #
2007/2256(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Notes that pernicious discrepancies are sometimes found between Member States, for example with regard to the levying of VAT on imports, conditions for access to certain simplified procedures, the frequency of physical checks of goods and penalties;
Amendment 37 #
2007/2256(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Considers that every effort must be made to ensure equal treatment for economic operators throughout the Community customs territory, as it is an essential prerequisite as regards preserving the integrity of the internal market and protecting the Union's financial interests, maintaining its powers in the area of external policy – particularly trade policy – and ensuring compliance with its international commitments;
Amendment 38 #
2007/2256(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Stresses the crucial importance, in this respect, of instruments such as the Community's integrated tariff (Taric), European binding tariff information (EBTI) and the common risk management framework; calls on the Commission and the Member States to continue to perfect these instruments and ensure they function properly;
Amendment 39 #
2007/2256(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Calls on the Commission to make every effort to publish precise rules on the administrative and penal sanctions for infringing customs law, as stipulated by the Treaty of Lisbon;
Amendment 2 #
2007/2198(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
1a. having regard to its resolution of 15 November 2007 on the European interest: succeeding in the age of globalisation1,,
Amendment 4 #
2007/2198(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
2b. having regard to its resolution of 25 October 2006 on the annual report from the Commission to the European Parliament on third country anti- dumping, anti-subsidy and safeguard action against the Community (2004)1,
Amendment 18 #
2007/2198(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the framework of the Doha Development Agenda, the WTO rules on trade defence are subject to multilateral negotiations which have not yet been resumed; whereas, the vast majority of WTO member states do not intend to introduce new trade defence rules which would lead to more free and fair trade without protectionism
Amendment 20 #
2007/2198(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas the European Parliament has already stated its opposition to a unilateral dismantling of the TDIs and its preference to maintain the existing level of stringency,
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 30 #
2007/2198(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, European competitiveness depends on the ability to shelter European companies from uncompetitive and unfair trade practice, whereas European production and manufacturing play a crucial role in the creation of economic growth and employment,
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 36 #
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 EU,
Amendment 42 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses the importance of enhancing the competitiveness of EU industries by eliminating unfair trade practices in international trade; underlines the importance of effective TDIs;
Amendment 44 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
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 52 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that negotiations are currently taking place on multilateral disciplines concerning TDIs within the framework of the DDA ; welcomes those negotiations but regrets US opposition to reforms of the WTO’s framework for TDIs; Notes that the worldwide increase in the use of TDIs, particularly by advanced industrial countrie and, calls for new and more stringent rules at WTO level so as to ensure free and fair world trade is maintained;
Amendment 53 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Warns of the danger of unilaterally weakening the EU to such an extent that it is unable to counteract unfair trading practices in an international context marked by the proliferation of such practices and the intensive, and often abusive, use of trade defence measures by third countries against imports from the EU;
Amendment 57 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the belief in the benefits of an open trading system, based on free and fair competition, offsetting its potentially disruptive impact, and contributing decisively to the stimulation of growth and the creation of jobs; takes the view that the EU should continue to promote increased global liberalisation and free and fair trade and resist any protectionist temptation;
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 67 #
2007/2198(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that TDIs are not intended to serve the general economic interests of the EU, but to protect the interests of producers and employees against impairment caused by dumping or illegal subsidies;
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 80 #
2007/2198(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to demand a strict application of the existing WTO rules on dumping and subsidies to the emerging economies such as China; asks the Commission to engage in bilateral talks on free and fair competition with these countries;
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 89 #
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 trading actions that hamper the ordinary course of trade, such as fraud, circumvention and dual pricing, which greatly affect fair competition in international markets;
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 103 #
2007/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that the current application by the Commission lacks clarity with regard to the initiation of investigations; stresses the need to concentrate the investigations in this phase on gathering evidence of dumping and injury;
Amendment 107 #
2007/2198(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for the creation of a special TDI-helpdesk for SMEs for advice on the preparation of complaints; asks further to provide a simplified questionnaire for SMEs; asks the Commission to grant open access to Eurostat and access to information collected on site by EU representations in third countries concerned;
Amendment 117 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on Commission and the Member States to take into account the long-term impact of TDI measures on consumers, by assessing their consequences in terms of price level, quality, availability and choice as well as sustainable competition in the markets;
Amendment 126 #
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" 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 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 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 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 153 #
2007/2198(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that the EU current de minimis thresholds that apply to dumping and injury should not be set at a higher level; states that for the dumping de minimis threshold, even low levels of dumping can have very significant effects in the market, in particular on price sensitive and seasonal products;
Amendment 156 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that AD and countervailing duty measures applied by the Commission should take the alternative form of quotas or tariff-quotas when this is deemed appropriate and that a phase-in or phase-out system similar to the one implemented in the footwear case is put into operation in new cases involving products suitable for final consumpform of tariffs in order to comply with the relevant WTO regulations;
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 173 #
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 194 #
2007/2198(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Calls on the Commission to enhance the competitiveness of producer industries in the Union by eliminating all competitive distortions which occur in international trade so as to ensure workable international competition;
Amendment 197 #
2007/2198(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Urges the Commission not to change its administrative practice before a revision of the basic legislation has taken place;
Amendment 202 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Urges the Member States to uphold a European common approach and solidarity on this issue which would enable a better use of TDIs in the Community in favour of European industry and its workers when they are confronted with unfair competition;
Amendment 205 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Calls on the Commission to pursue with coherence and determination the objective of modernising TDIs and making them more suitable to face new globalisation challenges while refraining from any protectionist behaviourstrengthening and modernising TDIs; Urges the Commission to consider the outcome of ongoing WTO negotiations and the consensus among Member States before reforming the European regulation on TDIs;
Amendment 57 #
2007/2038(DEC)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes that the costs related to maintaining Parliament's three places of work stand at EUR 155 000 000, according to the data supplied by the Secretary- General23; believes that having three places of work is damaging to Parliament's image and substantially reduces its efficiency; reminds the Member States that it is Parliament itself that should decide on a single seat; 1 Secretary-General's letter of 30 November 2007 (318662). 2 Secretary-General's letter of 30 November 2007 (318662). 3 Secretary-General's letter of 30 November 2007 (318662).optimal coordination must be achieved between these places of work; Or. fr
Amendment 91 #
2007/2037(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores the fact that financial documents are not made available to Members in all the official languages of the European Union;
Amendment 132 #
2007/2037(DEC)
Motion for a resolution
Paragraph 84 a (new)
Paragraph 84 a (new)
84 a. Calls for subconsolidation of the agencies' accounts;
Amendment 133 #
2007/2037(DEC)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Invites the Commission to inform Parliament about its follow-up to the ECA's Special Report No 2/2007, in particular as regards improved inter- institutional cooperation; requests the 2007 annual activity report of OIB/OIL to tcooperation, including the formulation of a common property policy involving the creation of a Community instrument covering buildings and the financial and staffing arrangements relat this point specificallying thereto;
Amendment 134 #
2007/2037(DEC)
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88a. Suggests that there should be a provision in the Union's consolidated accounts for major building maintenance work;
Amendment 135 #
2007/2037(DEC)
Motion for a resolution
Paragraph 88 b (new)
Paragraph 88 b (new)
88b. Reiterates the view that a study should be made of the feasibility of establishing a European property authority with responsibility for the construction and maintenance of the buildings of the EU institutions and bodies;
Amendment 136 #
2007/2037(DEC)
Part II – Special Report No 2/2007 concerning the institutions' expenditure on buildings,
paragraph 1
1. Accepts that long-term planning and budgetary forecasts in the building sector are difficult because appropriations are decided on an annual basis, and because key political decisions with major implications for office space, such as enlargements, are not precisely foreseeable; in addition, implementation of decisions in the building sector requires significant lead time; suggests that there should be a provision in the Union's consolidated accounts for major maintenance work;
Amendment 68 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Proposes that the staff of the European Parliament should, without delay, publish a breakdown of Parliament’s membership by political group, at the earliest after the last polling station has closed and at the latest once projections of the results have become irreversible, the object being to allow political forces and their representatives, not least the Heads of State or Government, to work out the compromise required in order to enable the new Commission President to be elected by the European Parliament on a proposal from the European Council, in accordance with Article 17(7) of the Treaty on European Union;
Amendment 73 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for the European Parliament and European political parties to be involved in the ‘appropriate consultations’ which the European Council is required to hold under Article 17(7) of the Treaty on European Union with a view to proposing a candidate to Parliament to be elected Commission President;
Amendment 77 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the European Council to elect its President, in accordance with Article 15(5) of the Treaty on European Union, at the same time as the Commission President is elected by the European Parliament;
Amendment 79 #
0000/2013(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Proposes to the European Council to consider whether its future President should be the person newly elected by the European Parliament to the office of Commission president;