Activities of Nicolae Vlad POPA
Plenary speeches (56)
Establishment of 'Eurodac' for the comparison of fingerprints (recast) (A6-0283/2009, Nicolae Vlad Popa)
European Refugee Fund for the period 2008-2013 (amendment of Decision No 573/2007/EC) - Minimum standards for the reception of asylum seekers (recast) - Application for international protection lodged in one of the Member States by third-country nationals or stateless persons (recast) - Establishment of 'Eurodac' for the comparison of fingerprints (recast) - Establishment of a European Asylum Support Office (debate)
European Refugee Fund for the period 2008-2013 (amendment of Decision No 573/2007/EC) - Minimum standards for the reception of asylum seekers (recast) - Application for international protection lodged in one of the Member States by third-country nationals or stateless persons (recast) - Establishment of 'Eurodac' for the comparison of fingerprints (recast) - Establishment of a European Asylum Support Office (debate)
Patients' rights in cross-border healthcare (debate)
Explanations of vote
Equal treatment of persons irrespective of religion or belief, disability, age or sexual orientation (debate)
ERDF, ESF and Cohesion Fund: provisions relating to financial management - New types of costs eligible for a contribution from the ESF - Investments in energy efficiency and renewable energy for housing (amendment of Regulation (EC) No 1080/2006 on ERDF) (debate)
Explanations of vote
Explanations of vote
Strengthening security and fundamental freedoms on the Internet (debate)
One-minute speeches on matters of political importance
Explanations of vote (continuation)
Explanations of vote
Croatia: progress report 2008 - Turkey: progress report 2008 - Former Yugoslav Republic of Macedonia: progress report 2008 (debate)
Explanations of vote
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Explanations of vote
One-minute speeches on matters of political importance
The review of the European Neighbourhood Policy Instrument (debate)
Community legal framework for a European Research Infrastructure (ERI) (debate)
Sanctions against employers of illegally staying third-country nationals (debate)
Explanations of vote
One-minute speeches on matters of political importance
Consequences of the recent gas crisis - Second Strategic Energy Review - Challenge of energy efficiency through information and communication technologies (debate)
Explanations of vote
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Formal sitting and debate - 10th anniversary of the euro
Explanations of vote (continuation)
Explanations of vote (continuation)
Security features and biometrics in passports and travel documents (debate)
European Authentic Act - E-Justice - Cross-border implications of the legal protection of adults (debate)
Membership of political groups: see Minutes
Explanations of vote
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Outcome of the European Council on 11-12 December 2008 - French Presidency’s term of office (debate)
State of the negotiations on the climate change and energy package (continuation of debate)
Explanations of vote
One-minute speeches on matters of political importance
Conditions of entry and residence of third-country nationals for the purposes of highly qualified employment - Single application procedure for residence and work
Explanations of vote
One-minute speeches on matters of political importance (continuation)
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Explanations of vote
Combating terrorism - Protection of personal data (debate)
European Year of Creativity and Innovation (2009) (debate)
Explanations of vote
European Judicial Network - Strengthening of Eurojust and amendment of Decision 2002/187/JHA - Application of the principle of mutual recognition to judgments in criminal matters (debate)
Presentation of the programme of the French Presidency (debate)
The Commission's 2007 enlargement strategy paper (debate)
Common standards and procedures in Member States for returning illegally staying third-country nationals (debate)
2006 Annual report on the CFSP - Annual report on the implementation of the European Security Strategy and ESDP (continuation of debate)
One-minute speeches on matters of political importance
One-minute speeches (Rule 144)
Reports (1)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EC) No […/…] [establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person] (recast) PDF (300 KB) DOC (372 KB)
Written declarations (1)
Amendments (194)
Amendment 20 #
2008/2331(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasizes that a coherent and balanced common European immigration policy adds to the credibility of the EU in its relations with third countries;
Amendment 22 #
2008/2331(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the management of migration flows must be based on a coordinated approach taking into account the demographic and economic situation of the EU;
Amendment 25 #
2008/2331(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that the management of migration requires genuine partnership and cooperation with third countries of origin and transit in order to manage migration flows in an effective manner, in the interest of all concerned parties;
Amendment 37 #
2008/2331(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. CRecognizes the effect of demographic decline and ageing on the economy and considers that legal migration is necessary in order to address Europe's demographic, labour market and skills needs; it also contributes to the development of third countries, particularly through migrant remittances; calls for the implementation of secure systems which facilitate these financial transfers to third countries;
Amendment 44 #
2008/2331(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that legal migration could also constitute an alternative to illegal immigration as it offers a legal, safe and organised entry route to the European Union and that it should be the result of a desire on the part of both the migrant and the host country to their mutual benefit;
Amendment 54 #
2008/2331(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates the need to increase the attractiveness of the EU for highly qualified workers, taking account of the implications that this may have on brain drain in countries of origin, which may be mitigated through temporary or circular migration; emphasizes that successful circular migration is based on close cooperation with countries of origin and on available information on destination and host labour markets;
Amendment 60 #
2008/2331(INI)
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Calls for new measures to further facilitate the reception of students and researchers and their movement within the EU;
Amendment 63 #
2008/2331(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to make more information available in countries of origin on the possibilities of legal migration as well as on the rights and obligations of migrants once they larrive in the EU;
Amendment 68 #
2008/2331(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports integration efforts of legal migrants as well as beneficiaries of international protection, taking into account respect for the identity and values of the EU and its Member States, including the respect for human rights, the rule of law, democracy, tolerance and equality, freedom of opinion and the compulsory schooling of children; acknowledges that integration is more difficult to achieve in countries which are facing significant migratory pressures;
Amendment 87 #
2008/2331(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Acknowledges that migrant organisations play an important role in facilitating the integration process and encourages the European Commission and Member States to support civil society initiatives for and by migrants, including migrant women’s organizations;
Amendment 109 #
2008/2331(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the replacement of current national Schengen visas with uniform European Schengen visas, allowing for equal treatment of all visa applicants, and calls for a study into the setting up of a system requiring third-country nationals to obtain electronic authorisation to travel before travelling to EU territory; calls for the improvement of cooperation between Member States' consulates and for joint consular services for visas to be set up gradually on a voluntary basis;
Amendment 111 #
2008/2331(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Stresses the need to strengthen the European border controls, which should not prevent access to protection systems by those people entitled to benefit under them, and to strengthen cooperation with the Office of the United Nations High Commissioner for Refugees to ensure better protection for these people;
Amendment 125 #
2008/2331(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s initiative for a proposal to review the mandate of FRONTEX and considers that its reinforcement is urgently required, in particular by extending its operational capacity and its ability to undertake permanent missions in areas which face high migratory pressures', at the request of the concerned Member States;
Amendment 133 #
2008/2331(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on FRONTEX and the Commission to carry out a study, with estimates, on the possibility of FRONTEX acquiring its own equipment and on the possible transformation of FRONTEX into an EU coast guardestablishment of a common EU coast guard, without undermining Member States control of their borders;
Amendment 140 #
2008/2331(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Supports the establishment of specialised offices of the agency to take account of the diversity of situations, particularly for the land borders to the East and the maritime borders to the South, at the request of the concerned Member States;
Amendment 178 #
2008/2331(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Welcomes the Commission’s proposal for a recast regulation concerning the establishment of “Eurodac” for the comparison of fingerprints and reminds Member States of their obligations of fingerprinting and sending data under the current Eurodac regulation; takes the view that biometric data, such as fingerprints, must be exploited to enhance effectiveness of border control operations;
Amendment 190 #
2008/2331(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses that all agreements with countries of origin and transit should include chapters on co-operation on immigration and calls for an ambitious policy with third countries on police and judicial co-operation to combat international criminal organisations engaged in human trafficking and to bring the persons concerned to justice, with the engagement of Europol and Eurojust; calls also on the Commission to intensify its support, including financial and technical assistance, in favour of third countries;
Amendment 10 #
2008/2305(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Regrets the fact that, in several Member States, asylum seekers are still detained following their irregular entry into the country, and therefore welcomes the Commission's intention of inserting into the Reception Conditions Directive procedural guarantees relating to detention. In this regard, detention may be considered only as a measure of last resort, only if necessary and only if it is clearly prescribed by national law in conformity with Member States’ obligations under international refugee and human rights law;
Amendment 14 #
2008/2305(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends the establishment, in the Reception Conditions Directive, of a formal system to immediately identify vulnerable persons, in particular unaccompanied minors, dependent elderly persons, disabled persons, pregnant women, single parents with children and persons who have suffered traumatic experiences (torture, rape, and psychological, physical and sexual violence);
Amendment 16 #
2008/2305(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that a single asylum application procedure and single standards for qualification as refugees or persons needing international protection should be established, covering all requests for 'international protection' (refugee status, subsidiary protection and temporary protection);
Amendment 17 #
2008/2305(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that the Asylum Procedure Directive must be revised in order for all asylum seekers to be granted the right to remain in the asylum country (i.e. appeals must have suspensive effect), until a secure legal status has been granted or return has taken place;
Amendment 20 #
2008/2305(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that, when the Dublin regulation is revised, provision should be made for a mechanism to freezesuspend transfers and/or returns to Member States that cannot guarantee a full and fair hearing of asylum claims or are not in a position to deal adequately with requests owing to their limited reception capacities;
Amendment 23 #
2008/2305(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that under the revised Dublin regulation asylum seekers should be granted the right to appeal against a transfer decision; such an appeal imposing the obligation for the courts or tribunals to examine ex-officio the necessity of temporarily suspending the enforcement of a transfer decision;
Amendment 24 #
2008/2305(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers that the activities of the Support Office should include developing common guidelines in order to facilitate accurate and uniform assessment of asylum claims, promoting exchange of good practice, monitoring the implementation and application of relevant EU legislation (supporting the Commission’s role as guardian of the Treaties);
Amendment 26 #
2008/2305(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that all decision-makers must have equal access to professionally and objectively researched country of origin information, which is a core tool for asylum authorities and appeal instances as well as for asylum seekers, which rely on it to help verify their claim for international protection;
Amendment 4 #
2008/2248(INI)
Motion for a resolution
Recital I
Recital I
I. whereas according to the Article 295 EC, the EC Treaty “shall be withoutin no way prejudice to “the rules in Member States governing the system of property ownership” and whereas the jurisprudence of the Court of Justice has confirmeheld that the competenceat provision merely recognises the power of Member States to define this respect must always be applied in conjunction with the fundamental principles of Community law, such as, the free movement of goods, persons, services and capital (see Case C-119/7e rules governing the system of property ownership and does not exclude any influence whatever of Community law on the exercise of national property rights (see, to that effect, Joined Cases 56/64 and 58/64 Consten and Grundig v Commission [1966] ECR 299, p. 345),
Amendment 5 #
2008/2248(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas, however, the Court of Justice has consistently held that, while the right of property forms part of the general principles of Community law, it is not an absolute right and must be viewed in relation to its social function and whereas, consequently, its exercise may be restricted, provided that those restrictions in fact correspond to objectives of general interest pursued by the Community and do not constitute a disproportionate and intolerable interference, impairing the very substance of the rights guaranteed (Case C-491/01 British American Tobacco (Investments) and Imperial Tobacco [2002] ECR I-11453),
Amendment 6 #
2008/2248(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas, notwithstanding that case- law, the Court of Justice has consistently held that where national provisions fall outside the scope of Community law, there is no Community jurisdiction to assess the compatibility of those provisions with the fundamental rights whose observance the Court ensures (see, for instance, the order of 06/10/2005 in Case C-328/04 Vajnai [2005] I-8577), paras 12 and 13),
Amendment 7 #
2008/2248(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the first paragraph of Article 1 of the 1first Additional Protocol to the European Convention on Human rights and Fundamental FreedomsCHR declares that “every natural or legal person is entitled to the peaceful enjoyment of his possessions” wherefore “nand that “[N]o one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law” and that “the right of a State to enforce such laws as it deems necessary” is limited to the pursuit of the objectives “to control the use of property in accordance with the general interest or to secure the payment of tax; whereas the second paragraph of that article states that “The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties”, and whereas, at the time of ratification of the said Protocol, Spain expressed a Reservation in respect of Article 1 in the light of Article 33 of the Spanish Constitution, which stipulates the following: "The right to private property and to inheritance is recognised. 2. The social function of these rights shall determine their scope, as provided for by law. 3. No person shall be deprived of their property or their rights except for a cause recognised as being in the public interest or other contributions or penalties”;in the interest of society and in exchange for fitting compensation as provided for by law",
Amendment 9 #
2008/2248(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the European Parliament considers that the obligation to cede legitimately acquired private property without due process and dueproper compensation, and the obligation to pay arbitrary costs for unrequested and often unnecessary infrastructure development would, if proven in a court of law, constitute a violation of an individual’'s humanfundamental rights under the European Convention for the 1 Judgment of 23 September 1998; see also Parliament’s resolution of 21 June 2007 on the results of the fact-CHR and in the light of the case-law of the European Court of Human Rights (see, for instance, Aka v. Turkey1), but considers that there is no link between such compulsory purchase and the fiunding mission to the regions of Andalucía, Valencia and Madrid conducted on behalf of the Committee on Petitions (OJ C 146 E, 12.6.2008, p. 340). Protection of Human Rights and Fundamental Freedoms and in the light of the case law of the European Court of Human Rights (see Aka v. Turkey)amental principles of Community law, in particular the right of Union citizens to move and reside freely within the territory of the Member States, a right which would not be infringed by such compulsory purchase,
Amendment 14 #
2008/2248(INI)
Motion for a resolution
Recital L
Recital L
L. whereas in the course of this legislature the Petitions Committee has, based upone current parliamentary term the Committee on Petitions, acting in response to the vaery large number of petitions received, has conducted detailed investigations and, has reported three times on the extent of the alleged abuse of the legitimate rights of European citizens to their legally acquired property in Spain, and has also detailed its concerns in relation to the alleged undermining of sustainable development, environmental protection, water quality and provision, procedures concerning public procurement with regard tof urbanisation contracts and insufficient controla somehow poor control of a part of the urbanisation procedures by many local and regional authorities in Spain,the responsible institutions;
Amendment 20 #
2008/2248(INI)
Motion for a resolution
Recital M
Recital M
M. whereas there is growing evidence that the judicial authorities in Spain have begun to respond to the challenge resulting from excessive urbanisation in many coastal areas, in particular by investigating and bringing charges to bear against corruptsome local officials who have facilitated, by their actions, unprecedented and unregulatuncontrolled urban developments to the detriment of the rights of European citizens, andthereby damaging irretrievably the bio-diversity and environmental integrity of many regions of Spain; whereas Parliament observes, however, in response to charges that procedures remain outrageously slow and that the sentences passedhanded down in many of these cases are unincapable tof being enforced in a way which provides any satisfaction to the victims of such abuse;, that the proper avenue of appeal is to the Court of Human Rights, once domestic remedies have been exhausted,
Amendment 24 #
2008/2248(INI)
Motion for a resolution
Recital N
Recital N
N. whereas such widespread activity, supported by irresponsible local and regional authorities through inadequate andstate institutions through sometimes unjustified legislation which in many cases is contrary todoes not serve the objectives of several European legislative acts, has been most damaging toin part negatively modified the image of Spain and to its broader economic and political interests in Europe,
Amendment 27 #
2008/2248(INI)
Motion for a resolution
Recital O
Recital O
O. whereas regional ombudsman, in very difficult circumstances, have frequently acted to defend the interests of European citizens in cases related to urbanization abusissues, even if their efforts have been generally unheednot constantly been sustained by regional governments,
Amendment 30 #
2008/2248(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the Spanish Constitution in Article 33 makes reference to the rights of individuals to their property, and whereas a fullthere have been different interpretations of this article has never been provided by the Constitutional Court, notably as regards the provision for social use of property in relation to the rights of individuals to their legally acquired homes and dwellings,
Amendment 33 #
2008/2248(INI)
Motion for a resolution
Recital R
Recital R
R. Observes that the Europeanwhereas the Commission, acting uponpursuant to the powers conferred upon it by the EC Treaty in Article 226, has taken Spain to the EuropeanArticle 226 of the EC Treaty, has brought proceedings against Spain before the Court of Justice in a case which is related toinvolving the excessive urbanizsation abuses which have occurred in Spain and which concerns directly the implementation of the Directive on Public Procurement by the Valencian authorities, 1 Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).directly concerns the implementation by the Valencian authorities of the Directive on Public Procurement1, although it is doubted whether there is a sufficient causal relationship between the alleged improper implementation of that Directive and the damage allegedly sustained by the petitioners,
Amendment 41 #
2008/2248(INI)
Motion for a resolution
Recital T
Recital T
T. notes however, that in many documented cases ofn urbanization abuseproblems in Spain the European Commission has failed to act forcefully enough not only as regards the enforcement of the precautionary principle of environmental law, but also because of its weak interpretation of acts by competent local and regional authorities which have a binding legal effect such as the ‘provisional approval’ of an integrated urban development plan by local authority,
Amendment 43 #
2008/2248(INI)
Motion for a resolution
Recital V
Recital V
V. whereas successive fact-finding visits by the Petitions CommitteeCommittee on Petitions have shown that these objectives arseem to be frequently grossly misunderstood by manysome of the local and regional authorities (not just in the coastal regions) when proposing or agreeing to extensive urbanizsation programmes; and whereas most urbanizsation plans contested by petitions received involves the reclassification of rural land rustic land into urbanisable land- to the considerablinto land zoned for urbanisation – to the economic benefit of the urbanizingsation agent and the developer; and whereas there are also many instances of protected land , or land which should be protected because of its sensitive biodiversity, being de-listed and re-classified , or not being listed at all, precisely to allow an urbanization of the area concernedfor urbanisation of the area concerned, and whereas, however, it is only by bringing judicial proceedings in the national courts - which are also the first courts of Community law - and, if necessary, in the Court of Human Rights that such grievances can be properly addressed in a State governed by the rule of law,
Amendment 47 #
2008/2248(INI)
Motion for a resolution
Recital W
Recital W
W. whereas such considerations compound the abuse which is felt by thousands ofmany European citizens who, as a result of the plans of the urbanizing agents, consider that they have not only lost their legitimately acquired property but have been forced to pay the arbitrary cost of unwanted, often unnecessary and unwarranted infrastructure projects directly affecting their property rights, the end result of which has been financial and emotional catastrophe of many families,
Amendment 50 #
2008/2248(INI)
Motion for a resolution
Recital X
Recital X
X. whereas many thousands ofit is further alleged that many European citizens have, in different circumstances, bought property in Spain in good faith acting with local lawyers, town planners and architects, only to find later that they have become victims of urbanization abuse by unscrupulous local authorities and that as a result, their property faces demolition because their homes have been found to be illegally built and therefore worthless and un-saleable,
Amendment 53 #
2008/2248(INI)
Motion for a resolution
Recital X a (new)
Recital X a (new)
Xa. whereas the only means of obtaining redress in such cases is to bring legal proceedings before the national courts, which alone have jurisdiction over such matters,
Amendment 57 #
2008/2248(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the natural Mediterranean island and coastal areas of Spain have suffered extensive destrucmodifications in the last decade as cement and concrete hasve saturated these regions in a way which has impacted not only the fragilon the coastal environment – much of which is nominally protected under the Habitats/Natura 2000 and Birds Directives – but also on theand on social and cultural activity of many areas which constitutes a tragic and irretrievable loss tochanging their cultural identity and heritage as well as to their environmental integrity , and all this primarily because of the greed and speculative behaviour of some local authorities and members of the construction industry who have succeeded in deriving massive benefits , most of which has been exported,
Amendment 63 #
2008/2248(INI)
Motion for a resolution
Recital Z
Recital Z
Z. whereas the building industry, having profited excessivelygrowing profits during the years of rapid economic expansion has become a primary causality of the current collapse of the financial markets itself partly provoked by speculative ventures in the housing sector, and whereas this not only affects the companies themselves who now face bankruptcy but also the tens of thousands of workers in the building industry who now face unemployment because of the unsustainable urbanization policies which were pursued and from which they now have also become victims,
Amendment 70 #
2008/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls upon the competent regional authorities to declare a moratorium onreview and control all new urbanization plans which do not respect the stricttake into consideration the criteria of environmental sustainability and social responsibility and which do not guarantee the respect for the rightful ownership of legitimately acquired property in compliance with the Spanish Constitution; and to halt and cancel all existing developments where criteria contained in EU law, notably as regards the award of urbanization contracts and respect for water and environmental provisions, have not been respected or applied;
Amendment 75 #
2008/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. UrgWelcomes the competent national and regional authorities to establish functional judicial and administrative mechanisms, involving the regional ombudsman, which are given the authority to provide means of redress and of compensation for the victims of urbanization abuse for citizens and residents who have suffered underefforts made by the Spanish judicial authorities and calls on aggrieved parties to seek redress in the courts, in particular by challenging the constitutionality of the provisions of existing legislation such as the Ley Reguladora de la Actividad Urbanística and the Ley Urbanística Valenciana if they consider that the application of those laws has violated their fundamental rights;
Amendment 79 #
2008/2248(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Requests the competent financial and commercial bodies concerned with the construction and urbanization industry to actively participate with the political authorities in the searchto seek for solutions to the existingwith regard to the problems, resulting from massive and unsustainconsiderable urbanization, which haves affected hundreds of thousands ofnumerous European citizens who have chosen to take advantage of the provisions of the EU-Treaty and who have taken up their rights of establishment under Article 44, in an EUROPEAN member state which is not their country of origin;
Amendment 81 #
2008/2248(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that, if aggrieved parties fail to obtain satisfaction in the Spanish courts, they will have to appeal to the Court of Human Rights, given that the alleged violations of the fundamental right to property do not come within the jurisdiction of the Court of Justice;
Amendment 83 #
2008/2248(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 86 #
2008/2248(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls upon the Commission, at the same time, to ensure the strict respect for the application of Community law and of the objectives contained in the Directives covered by this report and to be more exigent with the Spanish authorities when it appears that manysome of the local authorities are not fulfilling their obligations to EU citizens;
Amendment 92 #
2008/2248(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its concern and dismay that the legal and judicial authorities in Spain have shown themselves to be largely ill- prepared and inadequateencountered difficulties in dealing with the impact of massive urbanization on peoples` lives, as is witnessed by thousands or representations received by the European Parliament and its responsible committee on this issue;
Amendment 99 #
2008/2248(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that if lack of clarity, precision and certainty relating to individual property rights in existing legislation, and the lack of theany proper and consistent application of environmental law is, are the root cause of many problems related to urbanism and that this, related to aation, combined with a certain laxity in the judicial process, has not only compounded the problem but has also generated a endemic form of corruption where, once again, the European citizen is the primary victim, but where the Spanish state has also lost considerably and compounded by corruption, aggrieved citizens’ only remedies are to press the competent Spanish authorities to change the law and enforce it better and, if necessary, to go to law;
Amendment 103 #
2008/2248(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Pays tribute to, and fully supports, the activities the regional ombudsman- `syndic de greuges`-and their staff, as well as to more assiduous investigating magistrates- `fiscal` - who have done an enormousconsiderable amount in the recent period to restore the integrity of some ofcorrect procedures concerning this case by the institutions affected by this issue;
Amendment 106 #
2008/2248(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Praises also, the activity of the petitioners, their associations and the local community associations, involving these issues to the attention of the European Parliament and who have been instrumental in safeguarding the fundamental rights of their neighbours and of all those affected by this enormous and complex problem;
Amendment 110 #
2008/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls, also that the Commission is empowered by Article 91 of Regulation (EC) No 1083/2006 empowers the European Commission,1 to interrupt the payment of structural funding, and by Article 92 to suspend such funding to a mMember sState or region concerned, and to establish corrections in relation to projects in receipt of funding which are subsequently may be deemed not to have fully respectedcomplied with the rules governing the application of relevant EU legislative acts; notes, however, that the Commission has not exercised this power;
Amendment 115 #
2008/2248(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its conclusions of past resolutions by calling into question the methods of designation of urbanizing agents, and the frequently excessive powers often given to town planners and property developanner in which some of the urbanizing agents, town planners and property developers are given considerable amount of powers by certain local authorities at the expense of communities and the citizens who have their homes in the area;
Amendment 117 #
2008/2248(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. UrgeCalls once again, on local authorities to consult their citizens and involve them in urban development projects in order to encourage more acceptable and sustainablea fair and transparent urban development where this is necessary, in the interest of local communities and not in the sole interest of property developers, estate agents and other vested interests;
Amendment 9 #
2008/2235(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas it is essential to set clear, well-defined and unambiguous rules for the reception and treatment of asylum seekers in agreement with the rules laid down by the Geneva Convention, while a distinction should be made between asylum seekers, economic migrants and temporary refugees,
Amendment 30 #
2008/2235(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to establish, in cooperation with the European Parliament, a permanent system of visits and inspections; hopes that the LIBE Committee can continue its visits with a view to ensuring compliance with Community law concerning reception conditions;
Amendment 38 #
2008/2235(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reminds the Member States of their obligation to guarantee to asylum seekers access to asylum application procedures;
Amendment 39 #
2008/2235(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Member States to apply the Reception Directive to all asylum seekers from the moment when they express their wish to request protection in a Member State, even if the asylum claim has not been formally lodged;
Amendment 40 #
2008/2235(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Commission to remind Member States that withdrawal or reduction of reception conditions on grounds not included in the Reception Directive is or should be strictly prohibited.
Amendment 41 #
2008/2235(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Basic reception conditions, such as food, housing and emergency heath care should never be withheld, since their withdrawal may violate asylum seekers’ fundamental rights;
Amendment 49 #
2008/2235(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its concern over the lack of interpreters, including at official interviews; urges the Member States to provide a public interpreting service free of charge, if necessary by telephone or via the Internet;
Amendment 52 #
2008/2235(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Member States to make use of financial assistance under the European Refugee Fund - the costs arising from this being appropriately shared among the Member States - in order to improve access to information and, in particular, to increase the number of languages, or media, in which the information is made available;
Amendment 66 #
2008/2235(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to extend the medical cover currently offered so that it is not limited solely to emergency care, and to also provide psychological counselling and mental health care;
Amendment 70 #
2008/2235(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States not to limposeit legal or administrative constraints amounting to obstacles to employment access;
Amendment 105 #
2008/2235(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Member States to enforce the recommendation of the UN Committee on the Rights of the Child to ban all forms of corporal punishment, including within the family, especially when minors are in detention;
Amendment 106 #
2008/2235(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Points out that all minors have the right to education, whether or not they are in their country of origin; calls on the Member States to guarantee that right, including when minors are in detention; calls for access to education to be provided directly in the community, without any form of administrative restriction having the effect of separating foreign minorsin an appropriate manner corresponding to the assessment of the level of knowledge of children, while at the same time developing transitional models allowing the acquisition of the necessary linguistic competences for a normal education, so as to ensure the best possible integration of children and their families;
Amendment 110 #
2008/2235(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for an independent legal guardian to be appointed for each unaccompanied minor to ensure his or her protection both in waiting areas such as airports, railway stations and throughout the territory of the Member States; calls for the powers and role of the legal guardian to be clearly defined;
Amendment 117 #
2008/2235(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Calls on the Commission and the Member States to put in place a harmonised and reliable mechanism for identifying unaccompanied minors, – by making use of the latest technologies such as the use of biometric data – and common rules concerning age disputes; points out, in this regard, that during an age dispute procedure the person concerned must, as a precaution, be considered a minor until the end of the procedure and therefore treated as such;
Amendment 120 #
2008/2235(INI)
Motion for a resolution
Article 40 a (new)
Article 40 a (new)
40a. Points out that a policy of family reunification is appropriate as long as it is limited to the core family;
Amendment 11 #
2008/2234(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned by the poor implementation of current directives, especially the Free Movement Directive, which causes many problems relating to free movement and other rights of EU citizens, and calls on all parties to correctly and fully transpose and implement the Community acquis;
Amendment 27 #
2008/2234(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reminds the Member States of the importance of various forms of participative citizenship for the integration of third-country nationals;
Amendment 32 #
2008/2234(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Re-iterates its call for Member States to respect the right of EU citizens to travel within the EU with either a valid national identity card or a valid passport and not to prevenstrict such movement on the grounds of security or for other reasons, especially in the area of air and sea travel;
Amendment 49 #
2008/2234(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that there are significant discrepancies for EU citizens living in a Member State other than their own with respect to voting rights in national parliamentary elections in their country of origin; deplores the fact that many EU citizens thus find themselves disenfranchised both in their country of origin and in their adopted country; urges Member States to cooperate in order to enable voters residing outside their Member State of origin to exercise their full electoral rights in their Member State of residence, by providing a sufficient number of polling stations covering all the territory and by facilitating easier registration of voters;
Amendment 1 #
2008/2196(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Article 293 of the EC Treaty,
Amendment 2 #
2008/2196(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas cross-border company migration is one of the crucial elements in the completion of the internal market,
Amendment 5 #
2008/2196(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the rights of othird partieer stakeholders concerned by the transfer, such as minority shareholders, creditors, etc, should be taken into account,
Amendment 6 #
2008/2196(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the rule requiring a company to maintain its head office and its registered office in the same Member State runs counter to the case-law of the Court of Justice on freedom of establishment and therefore infringes EC law,
Amendment 7 #
2008/2196(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the directive hereby proposed should take into account all interests affected by companies’ mobility and should harmonise the rules governing the timing of, and procedures for, the transfer of a registered office,
Amendment 10 #
2008/2196(INI)
Motion for a resolution
Recommendation 1
Recommendation 1
Cross-border transfers of registered offices shall not give rise to the winding-up of the company concerned or to any interruption or loss of its legal personality; consequently, the company shall retain its legal identity and all its assets, liabilities and contractual relations shall remain unaffected. The transfer shall take effect on the date of registration in the host Member State. From the date of registration in the host Member State, the company shall be governed by the legislation of that State.
Amendment 14 #
2008/2196(INI)
Motion for a resolution
Recommendation 4 – paragraph 1
Recommendation 4 – paragraph 1
The home Member State shall verify, in accordance with its legislation, the legality of the transfer procedure. The competent authority designated by the home Member State shall issue a certificate conclusively declaring that all the acts and formalities required have been completed. The home Member State shall make available to companies registered within its territory a legal procedure whereby the applicable company law can be changed without any interruption or loss of legal personality whilst retaining the rules governing the internal decision to reincorporate, in such a way as to prevent the board from being able to exert influence on the shareholders’ decision to reincorporate abroad and thereby maximise the board’s interest at the expense of the shareholders.
Amendment 15 #
2008/2196(INI)
Motion for a resolution
Recommendation 4 – paragraph 4
Recommendation 4 – paragraph 4
Registration in the host Member State and removal from the register in the home Member State shall be published. TAt least the following particulars must be covered: (a) the date of registration; (b) the new and former entry number in the respective registers of the home and host Member States.
Amendment 6 #
2008/2184(INI)
Motion for a resolution
Citation 6
Citation 6
– having regard to its resolution of 10 July 2008 on the census of the Roma on the basis of ethnicity in Italy, the opinion of its Legal Service opinion on the compatibility of aggravating sanctions for EU citizens irregularly staying in a EU Member State, and the report of the Committee on Civil Liberties, Justice and Home Affaires on delegation visit to Italy,
Amendment 11 #
2008/2184(INI)
Motion for a resolution
Recital B
Recital B
B. whereas freedom of movement is inherent to the concept of Union citizenship and represents one of the fundamental rightfreedoms recognized to Union citizens by the Treaties,
Amendment 13 #
2008/2184(INI)
Motion for a resolution
Recital H
Recital H
H. whereas such dialogue has enabled national legislation to be amended to a certain extent so as to become compliant with EC legislation,
Amendment 53 #
2008/2184(INI)
Motion for a resolution
Article 2
Article 2
2. Calls on Member States to fully implement the rights granted under Article 2 and Article 3 of Directive 2004/38/EC not only to different sex spouses, but also to registered partners, members of the household and partners, including same- sex couples and irrespective of nationality, on the basis of the principles of mutual recognition, equality, non-discrimination, dignity, private and family life; calls on Member States to bear in mind that the Directive imposes an obligation to recognize freedom of movement to all Union citizens (including same-sex partners) without imposing the recognition of same-sex marriages; in this regard, calls the Commission to issue strict guidelines, in addition drawing on the analysis and conclusions contained in the Fundamental Rights Agency report;
Amendment 65 #
2008/2184(INI)
Motion for a resolution
Article 3
Article 3
3. Calls on Member States, while implementing the right to free movement, not to place unjustified administrative burdens on Union citizens and their family members that are not expressly provided for in Directive 2004/38/EC, as these are contrary to EC law and an unjustified obstacle to the exercise of a freedom conferred directly by the EC Treaty, which is not dependent on their having completed administrative procedures; reminds Member States of their duty to facilitate administrative practices linked to the exercise of the right to free movement; reminds Member States of their obligation to facilitate the entry of third-country family members of Union citizens, in order to allow them to lead a normal family life in the host Member State;
Amendment 78 #
2008/2184(INI)
Motion for a resolution
Article 5 a (new)
Article 5 a (new)
5a. Reminds Member States that they may of refuse, terminate or withdraw any right conferred by the Directive in cases of abuse of rights or fraud, such as marriages of convenience, but that the presumption of innocence is a democratic principle recognized by the European Convention on Human Rights, and therefore a simple assumption of abuse or fraud is not sufficient grounds for refusing or restricting entry into or residence in a host Member State;
Amendment 96 #
2008/2184(INI)
Motion for a resolution
Article 14
Article 14
14. Calls on the Commission to require from Member States statistical data in relation to freedom of movement, for instance on the number of expulsions carried out and for which reason;
Amendment 98 #
2008/2184(INI)
Motion for a resolution
Article 14 a (new)
Article 14 a (new)
14a. Calls on the Member States to assist their nationals residing in other Member States by offering at their consular and diplomatic missions all necessary information on freedom of movement;
Amendment 4 #
2008/2173(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges all Member States to use the optional PEGI (Pan European Game Information) and PEGI online systems, already applied in the majority of the Member States, which gives entertainment software an age rating and on-line gaming websites a quality labelling, in order to ensure that minors are not exposed to games which are unsuitable for them;
Amendment 5 #
2008/2173(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on all Member States to ensure that national rating systems are not developed in a way that would weaken the PEGI system;
Amendment 8 #
2008/2173(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to simplify the symbols used in the PEGI and PEGI online systems so that ithey can be more easily understood by parents;
Amendment 10 #
2008/2173(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to promote dissemination of the PEGI and PEGI online systems among games console manufacturers and retailers, and to implement information measures on its use for families and teachers;
Amendment 13 #
2008/2173(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Member States to improve the filter systems available to families in respect of on-line video games and to promote PEGI online, focusing in particular on the risks associated with use of the Internet, and chat rooms associated with such games;
Amendment 14 #
2008/2173(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Member States to create a (self-regulwork together with stakeholders in creationg and co-regulation) effective pan-European age-rating system (through self-regulation or co-regulation) applicable to all platforms, taking into consideration the specific characteristics of every medium for which classification is difficult, such as the Internet;
Amendment 15 #
2008/2173(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to cooperate with industry representatives, classification bodies and other stakeholders in order to achieve innovative and effective age verification solutions;
Amendment 17 #
2008/2173(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Urges the Member States to draw up a pan-European code of conduct on the sale of video games to minors which is agreed between all stakeholders, in order also to oblige retailers to assume their responsibilities;
Amendment 19 #
2008/2173(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to develop guidelines in order to prevent possible conflicts of interest within rating institutions and to safeguard the independence of such organisations from industry-related interest groups;
Amendment 22 #
2008/2173(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Member States to conduct information campaigns for parents and schoolteachers aimed at bridging the technological generation gap and at promoting the PEGI and PEGI online systems;
Amendment 24 #
2008/2173(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to promote, in cooperation with consumer organisations and existing networks and platforms, awareness and information campaigns aimed at increasing take-up of the PEGI and PEGI online systems by the public;
Amendment 26 #
2008/2173(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to discourage, through specific legislative measures, the misuse of online games for dishonest commercial activities, such as those which dishonestly induce underage users to enter into legal commitments (e.g. through automated subscriptions or malicious dialler programmes which dial expensive toll lines) and which send anticompetitive promotional messages (e.g. product placement or other stealth marketing techniques).
Amendment 2 #
2008/2160(INI)
Proposal for a recommendation
Recital A
Recital A
A. whereas the evolution of the Internet proves that it is becoming an indispensable tool for promoting democratic initiatives, a new arena for the political debate (e.g., e- campaigning, e-voting), a key instrument at world level for exercising freedom of expression (e.g., blogging) and for developing business activities, and a mechanism for promoting digital literacy and the dissemination of knowledge (e-learning),
Amendment 4 #
2008/2160(INI)
Proposal for a recommendation
Recital A a (new)
Recital A a (new)
Aa. whereas governments and public interest organisations and institutions should provide a suitable regulatory framework and appropriate technical means to allow citizens to actively and efficiently take part in administrative processes through e-government applications,
Amendment 14 #
2008/2160(INI)
Proposal for a recommendation
Recital F a (new)
Recital F a (new)
Fa. whereas individuals have the right to express themselves freely on the Internet (e. g. user generated content, blogs, social networking) and must also have the right to have their digital content deleted and permanently removed from the Internet,
Amendment 25 #
2008/2160(INI)
Proposal for a recommendation
Recital J
Recital J
J. whereas e-illiteracy will be the new illiteracy of the 21st Century; whereas ensuring that all citizens have access to the Internet is therefore equivalent to ensuring that all citizens have access to schooling, and whereas such access should not be punitively denied by governments or private companies; whereas such access should not be abused in pursuit of illegal activities; whereas it is important to deal with emerging issues such as network neutrality, interoperability, global reachability of all Internet nodes, and the use of open formats and standards,
Amendment 26 #
2008/2160(INI)
Proposal for a recommendation
Recital J a (new)
Recital J a (new)
Ja. whereas the international, multicultural and especially multi-lingual character of the Internet is not yet fully supported by the technical infrastructure and protocols of the worldwide web,
Amendment 27 #
2008/2160(INI)
Proposal for a recommendation
Recital J b (new)
Recital J b (new)
Jb. whereas economic activity is important for the further dynamic development of the Internet, while the safeguarding of its economic efficiency should be ensured through fair competition and the protection of intellectual property rights,
Amendment 31 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point b a (new)
Paragraph 1 - point b a (new)
ba) urge EU institutions and Member States to respond to a growing information-aware society and find ways of providing more information to citizens by linking and merging databases in order to allow citizens to take advantage of the information stored by government;
Amendment 32 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - Paragraph 1 – point b b (new)
Paragraph 1 - Paragraph 1 – point b b (new)
bb) urge Member States to create a framework which ensures that a decision by individuals to delete their personal data should be respected by Internet service providers and that the deletion is permanent;
Amendment 39 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point e
Paragraph 1 - point e
e) encourage reflection on the necessary cooperation between private-public players in this field and on the enhancement of law enforcement cooperation; recognise the need for shared responsibility and the benefits of soft law through co-regulation and self-regulation as efficient alternative or complementary instruments to traditional command-and-control legislation;
Amendment 53 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point i a (new)
Paragraph 1 - point i a (new)
ia) ensure that there are no laws or practices restricting or criminalising the right of journalists and the media to gather and distribute information for reporting purposes;
Amendment 54 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point j
Paragraph 1 - point j
j) consider that “digital identity” is increasingly becoming an integral part of our ‘self’ and in this respect deserves to be protected adequately and effectively from intrusions by both private and public actors – thus, the particular set of data that is organically linked to the “digital identity” of an individual should be defined and protected, and all its elements should be considered inalienable personal, non- economic and non-tradable rights; consider that Internet users should be educated to use multiple identities on the Internet (anonymous, pseudonymous or real identities) to safeguard their anonymity and dissociate information as appropriate; take due account of the importance of anonymity, pseudonymity and control of information flows for privacy and the fact that users should be provided with, and educated about, the means to efficiently protect it e.g. through various available Privacy-Enhancing Technologies (PETs);
Amendment 56 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point k
Paragraph 1 - point k
k) recognise the danger of certain forms of Internet surveillance and control aimed also at tracking every ‘digital’ step of an individual, with the aim of providing a profile of the user and of assigning 'scores'; make clear the fact that such techniques should always be assessed in terms of their necessity and their proportionality in the light of the objectives they aim to achieve; emphasise also the need for an enhanced awareness and informed consent of users with respect to their e-activities involving the sharing of personal data (e.g., the case of social networks);
Amendment 57 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point k a (new)
Paragraph 1 - point k a (new)
ka) urge the Member States to establish a list of all public authorities and private companies which use net surveillance and to issue a publicly accessible annual report on net surveillance, thus ensuring transparency; such an annual report should be used in assessing whether net surveillance is effective in terms of the purpose for which it was established;
Amendment 59 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point l
Paragraph 1 - point l
l) examine and prescribe limits to the ‘consent’ that can be requested of and extracted from users, whether by governments or by private companies, to relinquish part of their privacy, as there is a clear imbalance of negotiating power and of knowledge between individual users and such institutions; the consent of the individual must be informed and freely given;
Amendment 67 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point o
Paragraph 1 - point o
o) call on the Member States to ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have a 'chilling effect' on the speech of individuals on and on all aspects of freedom of speech;
Amendment 69 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point p
Paragraph 1 - point p
p) draw attention to the fact that the development of the 'Internet of things' and the use of RFID systems should not sidestep the protection of data and of citizens' rights;
Amendment 71 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point q
Paragraph 1 - point q
q) encourage the incorporation of fundamental principles of the “Internet Bill of Rights” into the research and development process of Internet-related instruments and applications and the promotion of the “privacy by design” principle according to which privacy and data protection requirements should be introduced as soon as possible in the life cycle of new technological developments, assuring citizens a user-friendly environment;
Amendment 12 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 1
Paragraph 1 - point f - indent 1
- creation of national management systems for sex offenders that would include risk assessment, as well as intervention programmes to prevent or minimise the risk of repeat offences, and therapies available to sex offenders on a voluntary basis that would avoid possible demoralisation through contact with other criminals in prison;
Amendment 24 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 7 c (new)
Paragraph 1 - point f - indent 7 c (new)
- improving national procedural rules in order to encourage and ease the access of victims of sexual exploitation to justice and to law enforcement authorities in order for the judicial procedures to follow their natural course;
Amendment 25 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 7 d (new)
Paragraph 1 - point f - indent 7 d (new)
- adopt measures in order to encourage the victims of sexual exploitation to file criminal and civil claims in the national courts against sex offenders;
Amendment 27 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 8
Paragraph 1 - point f - indent 8
- revision of Article 5(3) of the Framework Decision, which provides only a minimal basis for preventing convicted sex offenders from gaining access to children through employment or voluntary activities involving regular contact with children, inter alia by considering an obligation of Member States to ensure that applicants to certain posts working with children undergo criminal records checks and psychiatric examinations, including setting up clear rules or guidelines for employers on their obligations in this regard;
Amendment 30 #
2008/2144(INI)
Proposal for a recommendation
Paragraph 1 - point f - indent 12
Paragraph 1 - point f - indent 12
- improving the identification of abused children through training of personnel having regular contact with them and by training law enforcement personnel who might have contact with abused children;
Amendment 37 #
2008/0804(CNS)
Proposal for a decision – amending act
Article 1 – point 6
Article 1 – point 6
Decision 2002/187/JHA
Article 8 - paragraph 1 a (new)
Article 8 - paragraph 1 a (new)
1. If the competent authorities of the Member States concerned decide not to comply with a request referred to in Articles 6(1)(a), 6(1)(g), 7(1)(a), 7(2) and 7(3), they shall inform Eurojust of their decision and of the reasons for it. 2. The Member States shall ensure that a decision of the competent national authority may be judicially reviewed if that decision is challenged by Eurojust.
Amendment 38 #
2008/0802(CNS)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The contact points, including the national correspondent, shall be active intermediaries with the task of facilitating judicial cooperation between Member States, particularly in action to combat forms of serious crime. They shall be available to enable local judicial authorities and other competent authorities in their own country, contact points in the other countries and local judicial and other competent authorities in the other countries to establish the most appropriate direct contacts. They may if necessary travel to meet other Member States'’ contact points, on the basis of an agreement between the administrations concerned in order to allow the exchange of useful experience and opinions concerning the functioning of the network.
Amendment 39 #
2008/0802(CNS)
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. At their respective level the contact points, including the national correspondent, shall organise shall take part in and promote the organisation of training sessions on judicial cooperation for the benefit of the competent authorities of their Member State, in cooperation with the European Judicial Training Network.
Amendment 40 #
2008/0802(CNS)
Proposal for a decision
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
3b. The national correspondents, in addition to their tasks as contact points as referred to in paragraphs 1 to 3, shall: (a) be responsible, in their respective Member States, for issues relating to the internal functioning of the network, including the coordination of requests for information and replies issued by the competent national authorities; (b) bear the main responsibility for contacts with the Secretariat of the European Judicial Network, including participation in the meetings referred to in Article 6;
Amendment 41 #
2008/0802(CNS)
Proposal for a decision
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
3c. The national information contact points shall, in addition to their tasks as contact points as referred to in paragraphs 1 to 3, ensure that the information relating to their respective Member States and referred to in Article 8 is provided and updated in accordance with Article 9. They shall also ensure the coordination of requests for information and replies issued by the competent national authorities;
Amendment 42 #
2008/0802(CNS)
Proposal for a decision
Article 6 a (new)
Article 6 a (new)
Article 6a The European Judicial Network shall organise, as a first step, a specialised technical department which will determine the minimum technical equipment (comprising hardware and software) essential for ensuring the necessary level of security for the secure telecommunication network.
Amendment 43 #
2008/0802(CNS)
Proposal for a decision
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(ca) During the meetings of the national correspondents, administrative matters relating to the network shall be discussed, including IT-related issues to optimise access to the secure telecommunications network for the national correspondents, national correspondents for terrorist matters, national members of Eurojust and liaison magistrates appointed by Eurojust.
Amendment 35 #
2008/0258(COD)
Proposal for a decision
Recital 2
Recital 2
(2) The European Parliament has consistently underlined that the audiovisual sector makes an important contribution to the European creative and knowledge economy and plays a central role in promoting cultural diversity and pluralism, and it is an important platform for freedom of speech.
Amendment 37 #
2008/0258(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The international audiovisual landscape has changed significantly over the last two decades, and is currently facing new challenges notably under the impact of technological developments such as digital cinema projection, video on demand or multi-channel digital television. This has created strong financial growth and promising investments and consequently, a strong and growing demand for more audiovisual content, offering numerous opportunities to companies. Accordingly, there is a strong and increasing interest in developing projects relating to the various digital applications. In addition, there is a strong link between international cooperation on projects and our ability to promote in the world Europe’s regulatory model on audiovisual issues and the convergence between audiovisual and electronic communications.
Amendment 39 #
2008/0258(COD)
Proposal for a decision
Recital 19
Recital 19
(19) Appropriate measures should be drawn and implemented to prevent irregularities and fraud and to recover funds which have been lost or transferred or used improperly.
Amendment 42 #
2008/0258(COD)
Proposal for a decision
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
(5a) promoting European values
Amendment 43 #
2008/0258(COD)
Proposal for a decision
Article 13 – paragraph 5 b (new)
Article 13 – paragraph 5 b (new)
(5b) promoting multilingualism
Amendment 45 #
2008/0244(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the information referred to in paragraph 1 is in writing and, as far as possible, in a language that the applicants areunderstand or may reasonably supposbe presumed to understand. Where appropriate, this information may also be supplied orally.
Amendment 70 #
2008/0244(COD)
Proposal for a directive
Article 9 – paragraph 6 – subparagraph 1
Article 9 – paragraph 6 – subparagraph 1
Member States shall ensure effective access to legal assistance and/or representation in cases of detention that shall be free of charge where the asylum seeker cannot afford the costs involved. However, if the asylum seeker can afford private legal assistance or representation, he should bear the costs of such assistance.
Amendment 80 #
2008/0243(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. In case of a subsequent application for international protection, the request to take back the person concerned shall be made as quickly as possible and in any case within twoone months of receiving the EURODAC hit, pursuant to Article 6(5) of Regulation (EC) No [.../...] [concerning the establishment of “EURODAC” for the comparison of fingerprints for the effective application of the Dublin Regulation].
Amendment 81 #
2008/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1
Article 23 – paragraph 3 – subparagraph 1
3. Where there is no subsequent application for international protection, and in case the requesting Member State decides to search the EURODAC system in accordance with Article 13 of Regulation (EC) No [.../...] [concerning the establishment of “EURODAC” for the comparison of fingerprints for the effective application of the Dublin Regulation], the request to take back the person concerned shall be made as quickly as possible and in any case within twoone months of receiving the EURODAC hit, pursuant to Article 13(4) of that Regulation.
Amendment 87 #
2008/0243(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. In the event of an appeal or review concerning the transfer decision referred to in Article 25, the authority referred to in paragraph 1 of this Article shall, acting ex officio, decide, as soon as possible, and in any case no later than seventhree working days from the lodging of an appeal or of a review, whether or not the person concerned may remain on the territory of the Member State concerned pending the outcome of his/her appeal or review.
Amendment 106 #
2008/0243(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point c a (new)
Article 30 – paragraph 3 – point c a (new)
(ca) information relating to possible public safety risks;
Amendment 52 #
2008/0242(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. All the authorities that participate in the EURODAC system shall prevent the access to or the transfer of data recorded in EURODAC to the authorities of any unauthorised third country, especially to the state of origin of the persons covered by this Regulation.
Amendment 58 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 – sentence 2
Article 3 – paragraph 1 – sentence 2
However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 5100 years from the date of the first such publication or the first such communication to the public, whichever is the earlier, - if a fixation of the performance in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 95100 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.
Amendment 76 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
4. The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year. Member States may provide that a phonogram producer whose total annual revenue, during the year preceding that for which the said remuneration is paid, does not exceed a minimum threshold of € 2 million, shall not be obliged to dedicate at least 230 percent of the revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year.
Amendment 89 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 - subparagraph 1
Article 10a – paragraph 6 - subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place ant at a time individually chosen by them, or ceases to apply effective technological measures in order to avoid circumvention the performer may terminate the contract on transfer or assignment only after a notice of at least 10 days. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire.
Amendment 104 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2006/116/EC
Article 1 – paragraph 7
Article 1 – paragraph 7
"The term of protection of a musical composition with words shall expire on the death of the third degree heir of the author or 70 years after the death of the last of the following persons to survive, whichever comes later, whether or not these persons are designated as co-authors: the author of the lyrics and the composer of the music"
Amendment 94 #
2008/0142(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Given that it is impossible to know in advance whether a given healthcare provider will supply healthcare to a patient coming from another Member State or a patient from their own Member State, it is necessary that the requirements to ensure that healthcare is provided according to common principles and clear quality and safety standards are applicable to all type of healthcare in order to ensure the freedom to provide and obtain cross border healthcare which is the aim of the directive. Member States' authorities have to respect the shared overarching values of universality, access to good quality care, equity and solidarity, which have been already widely recognised by the Community institutions and by all the Member States as constituting a set of values that are shared by health systems across Europe. Members States also have to ensure that these values are respected with regard to patients and citizens from other Member States, and that all patients are treated equitably on the basis of their healthcare need rather than their Member State of social security affiliation. In doing so, Member States must respect the principles of freedom of movement of natural and legal persons within the internal market, non-discrimination inter alia with regard to nationality (or in the case of legal persons, with regard to the Member State in which they are established), necessity and proportionality of any restrictions on free movement. However, nothing in this Directive requires healthcare providers to accept for planned treatment or to prioritise patients from other Member States to the detriment of other patients with similar health needs, such as through increasing waiting time for treatment.
Amendment 172 #
2008/0142(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) The decision to exceptionally authorise drugs which are not normally available in the Member State of affiliation should be made by a medical committee which will determine whether the patient's life is put at risk or the quality of his life is diminished, or if an alternative drug deemed to be similar could be provided.
Amendment 331 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b and c
Article 5 – paragraph 1 – point b and c
(b) the application of such standards by healthcare providers in practice is regularly monitored and corrective action is taken when appropriate standards are not met, taking into account progresalthcare referred to in paragraph 1(a) is provided in accordance with standards and guidelines on quality and safety defined by the Member State of treatment ensuring that: (i) patients and healthcare providers from other Member States should be provided with information on such standards and guidelines, including provisions ion medical science and health technology; (c)supervision, inter alia by electronic means; (ii) patients and healthcare providers pfrovide all relevant information to enable patients to make an informed choice, in particularm other Member States should be provided with information on availability, prices and outcomes of the healthcare provided and details of their healthcare provider’s insurance cover or other means of personal or collective protection with regard to their professional liability;
Amendment 643 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The decision to exceptionally authorise drugs which are not normally available in the Member State of affiliation should be made by a medical committee who will determine whether the patients life is put at risk or the quality of his life is diminished, or if an alternative drug could be provided deemed to be similar.
Amendment 10 #
2008/0101(CNS)
Proposal for a decision
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Common communication infrastructure shall temporarily be based on the Trans European Services for Telematics between Administrations (S-TESTA) communications network and further developments thereof or any alternative secure network operated by the Commissshall later be based on the European Judicial Network's (EJN) secure system of communications.
Amendment 6 #
2008/0041(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 7 – paragraph 3 – point a a – subparagraph 1 a (new)
Article 7 – paragraph 3 – point a a – subparagraph 1 a (new)
However, on a non-systematic basis, when carrying out thorough checks on third- country nationals holding a visa, border guards may, acting in accordance with a decision by the border guard in command, decide to consult the VIS, using only the number of the visa sticker if there is no doubt as to the identity of the holder of the visa and/or the authenticity of the visa;
Amendment 2 #
2007/2253(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas there is a tendency to support specific technological solutions to the detriment of diversified technological development,
Amendment 15 #
2007/2253(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to take into consideration the issues arising from the unethical usage and commercial misuse of user-generated content;
Amendment 21 #
2007/2253(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission and the Member States to ensure non- discriminatory treatment of small and medium-sized enterprises, which face increasing competition from trans- national and cross-media conglomerates and marketing platforms offering information services in a package (e.g. "Triple Play");
Amendment 23 #
2007/2253(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need to set minimum requirements for public broadcasting services to define their role of accurately and efficiently informing the public about issues relating to education, health and EU and national politics;
Amendment 25 #
2007/2253(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Member States to support multi-lingual programmes in order to strengthen the multicultural education of EU citizens;
Amendment 27 #
2007/2253(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls on the Commission and the Member States to support greater co- operation between European regulatory authorities and to intensify the formal and informal discussions and exchanges of views between regulatory authorities in the broadcasting field under the auspices of the European Platform of Regulatory Authorities;
Amendment 29 #
2007/2253(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Encourages the efforts to create a charter for media freedom and the initiative to create independent media ombudsmen in the Member States;
Amendment 30 #
2007/2253(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Recommends the insertion in the future charter for media freedom of a general statute for the media ombudsman, laying down the overall purpose of that national institution - that of ensuring cultural diversity and promoting media pluralism;
Amendment 15 #
2007/2212(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas an open medium such as the Internet should be included in any proposed structure for dialogue or consultations held with selected networks on specific issues, which would be backed up by open consultation of all interested stakeholders,
Amendment 27 #
2007/2212(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of designing qualitative assessment tools and indicators to supplement the current quantitative indicators - set by the Action Plan, which render difficult the objective progress-evaluation reports of the Commission - thus redirecting the focus from opening unnecessary programmes to the aggregate effectiveness of the programmes – considered a fundamental condition for improvements in the national policies on drugs;
Amendment 29 #
2007/2212(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of the role to be played by the Internet in ensuring a transparent and coherent way of exchanging information about the implementation and development of the EU's 2005-2012 drugs strategy, facilitating the involvement and guaranteeing the participation of civil society (including users and community groups) in the implementation of the action plan - at all levels and in the Civil Society Drugs Forum - improving access to and the effectiveness of prevention programmes and raising awareness;
Amendment 34 #
2007/2212(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the Civil Society Drugs Forum should be inclusive rather than exclusive, representing a wide spectrum and balance of views;
Amendment 44 #
2007/2212(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that the Civil Society Drugs Forum should have a clear mandate, well defined agendas, transparent procedures and achievable work plans with real input into the policy making process;
Amendment 60 #
2007/2212(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers that the Commission could partly counter-balance the national governments by involving civil society as a stakeholder in the EU drugs–policy debate; considers, therefore, that the Commission will be less dependent on the official data reported by the national governments, if the Civil Society Drugs Forum can provide the Commission with accurate data, monitored at national level, consequently enabling the Commission strengthen the control at national level;
Amendment 75 #
2007/2212(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission and the Member States to promote - with the cooperation of civil society - equal access to the programmes, secure coverage of hidden populations and marginalized groups and work in the direction of capacity building - in order to enable sustainability and efficiency of the implemented programmes;
Amendment 91 #
2007/2212(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Supports the civil society organisations to act in fully awareness with a view to fighting the consumption of drugs and derivatives by minors.
Amendment 92 #
2007/2212(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the authorities of the Member States in charge of child protection to cooperate in a direct and concerted manner with civil society organisations so as to fight drugs consumption by minors, with special attention being paid to street children.
Amendment 100 #
2007/2212(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses the need to base drugs policies on sound scientific evidence obtained in cooperation with civil society in the field of drugs- related research, acknowledging the need to develop research-based, fact-driven policies and to implement evidence-based activities, including those to prevent and reduce health-related harm;
Amendment 103 #
2007/2212(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission and the Member States to provide technical and financial assistance for the development and establishment of harmonized systems to finance development assistance to the affected States and communities; acknowledges the importance of cooperation involving study centres, associations, specialist institutes and civil- society organisations regarding mechanisms for monitoring illicit crop cultivation and the use of commercially available ground and satellite imagery;
Amendment 115 #
2007/2212(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Member States to take special measures to ensure the security and protection of civil society organisations and their members involved in fighting drugs consumption;
Amendment 116 #
2007/2212(INI)
Motion for a resolution
Paragraph 34 b (new)
Paragraph 34 b (new)
34b. Supports the setting-up of organisations to fight drugs consumption as well as their strengthening in the States located at the EU borders;
Amendment 14 #
2007/0821(CNS)
Article 2 – point (a)
Germany (a) “search” and “comparison” as referred to in Articles 3, 4 and 9 of Decision 20078/…/JHA shall mean the procedures by which it is established whether there is a match between, respectively, DNA data or dactyloscopic data which have been communicated by one Member State and DNA data or dactyloscopic data stored in the databases of one, several, or all of the Member States;
Amendment 15 #
2007/0821(CNS)
Article 2 – point (b)
Germany (b) “automated searching” as referred to in Article 12 of Decision 20078/…/JHA shall means an online access procedure for consulting the databases of one, several, or all of the Member States;
Amendment 16 #
2007/0821(CNS)
Article 2 – point (c)
Germany (c) “DNA reference data” shall means a DNA profile and a reference number;
Amendment 17 #
2007/0821(CNS)
Article 2 – point (d)
Germany (d) “DNA profile” shall means a letter or a number code which represents a set of identification characteristics of the non- coding part of an analysed human DNA sample, i.e. the particular molecular structure at the various DNA locations (loci);
Amendment 18 #
2007/0821(CNS)
Article 2 – point (f)
Germany (f) “reference DNA profile” shall means the DNA profile of an identified person;
Amendment 19 #
2007/0821(CNS)
Article 2 – point (g)
Germany (g) “unidentified DNA profile” shall means the DNA profile obtained from traces collected during the investigation of criminal offences and belonging to a person not yet identified;
Amendment 20 #
2007/0821(CNS)
Article 2 – point (h)
Germany (h) “note” shall means a Member State’s marking on a DNA profile in its national database indicating that there has already been a match for that DNA profile on another Member State’s search or comparison;
Amendment 21 #
2007/0821(CNS)
Article 2 – point (i)
Germany (i) “dactyloscopic data” shall means fingerprint images, images of fingerprint latents, palm prints, palm print latents as well as templates of such images (coded minutiae), when they are stored and dealt with in an automated database;
Amendment 22 #
2007/0821(CNS)
Article 2 – point (j)
Germany (j) “vehicle registration data” shall means the data-set as specified in Chapter 3 of the Annex to this Decision;
Amendment 23 #
2007/0821(CNS)
Article 2 – point (k)
Germany (k) “individual case”, as referred to in Article 3(1), second sentence, Article 9(1), second sentence and Article 12(1), second sentence, of Decision 20078/.../JHA, shall means a single investigation or prosecution file. If such a file contains more than one DNA profile, or one piece of dactyloscopic data or vehicle registration data, they may be transmitted together as one request.
Amendment 25 #
2007/0821(CNS)
Article 8 – paragraph 1 – point (a)
Germany (a) the Member State code of the requesting Member State and the code of the consulting national authority ;
Amendment 28 #
2007/0821(CNS)
Article 18 – paragraph 1
Germany 1. Further details concerning the technical and administrative implementation of Decision 20078/…/JHA are set out in the Annex to this Decision. The Annex may be modified by the Council, acting by a qualified majority, after consulting the European Parliament.
Amendment 90 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 - point 13 − point a a (new)
Article 1 - point 13 − point a a (new)
Directive 2002/22/EC
Article 22 - paragraph 1 a (new)
Article 22 - paragraph 1 a (new)
(aa) The following paragraph 1a is added: ‘1a. In order to safeguard consumer rights and ensure that a minimal open Internet layer is maintained, an ex ante requirement of reporting service metrics to demonstrate internal network quality [ma refer la “quality of service”] to regulators, content providers, and consumers will be imposed. Any representation as to the speed or “bandwidth” of the Internet access shall be limited to the speed or bandwidth allocated to Internet access service only, not taking into account special services and features based on analyzing and identifying particular applications being conveyed by packet transmissions.’
Amendment 91 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 - point13 − point a b (new)
Article 1 - point13 − point a b (new)
Directive 2002/58/EC
Article 22 - paragraph 1 b
Article 22 - paragraph 1 b
(ab) The following paragraph 1b is added: ‘1b. The term “Internet access” represents a service that enables users to transmit and receive transmissions of data - including sounds, images, text, information, and other content - using the Internet protocol indifferent to the nature, source or destination of the transmission of any packet.’
Amendment 95 #
2007/0228(CNS)
Proposal for a directive
Article 5 - paragraph 2 - subparagraph 1
Article 5 - paragraph 2 - subparagraph 1
2. In addition to the conditions stipulated in paragraph 1, the gross monthly salary specified in the work contract or binding job offer must not be inferior to a national salary threshold defined and published for the purpose by the Member States which shall be at least three1.8 times the minimum gross monthly wage as set byaverage gross pay under national law.
Amendment 99 #
2007/0094(COD)
Proposal for a directive
Article 8 - point d
Article 8 - point d
Amendment 112 #
2007/0094(COD)
Proposal for a directive
Article 10 - paragraph 1 - point c
Article 10 - paragraph 1 - point c
(c) the infringement is accompanied by particularly exploitative working conditions, such as a significant difference in working conditions from those enjoyed by legally employed workers, including violence, threats, intimidation or degrading treatment; or
Amendment 134 #
2007/0094(COD)
Proposal for a directive
Article 15 - paragraph 1
Article 15 - paragraph 1
1. Member States shall ensure that at least 4 % and no more than 10% of companies established on their territory per year are subject to inspections to control employment of illegally staying third- country nationals.
Amendment 136 #
2007/0094(COD)
Proposal for a directive
Article 15 - paragraph 2
Article 15 - paragraph 2
2. The selection of companies to be inspected shall be based on a random selection software and then on a risk assessment to be drawn up by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.