Activities of Gianluca SUSTA
Plenary speeches (74)
Future of the car industry (debate)
Production and employment in the textile and clothing sector in various EU Member States (debate)
Impact of counterfeiting on international trade - Consumer protection aspects of counterfeiting (debate)
Crises in the car industry (debate)
Creation of a Roma fingerprints database in Italy (debate)
Creation of a Roma fingerprints database in Italy (debate)
Economic partnership agreements (debate)
Protocol amending TRIPS (debate)
TRIPS agreement and access to medicines (debate)
EU economic and trade relations with Russia (vote)
Global Europe - External aspects of competitiveness (debate)
The EU's Aid for trade (debate)
Euro-Mediterranean Free Trade Area (vote)
Euro-Mediterranean relations - Euro-Mediterranean Free Trade Area (debate)
Reform of EU trade policy instruments (debate)
Negotiation of an EU-Central America Association Agreement - Negotiation of an EU-Andean Community Association Agreement (debate)
Origin marking of certain imported products (debate)
Regulation on mandatory marking of origin for certain products imported from third countries (debate)
State of play of EU-Mercosur trade relations (debate)
Interim agreement establishing a framework for an EC-Eastern and Southern Africa States Economic Partnership Agreement - Implementation of IEPA between the European Community and Eastern and Southern Africa States in light of the current situation in Zimbabwe (debate)
Modernisation of Customs Code and introduction of list of non-preferential rules of origin (debate)
Explanations of vote
EU-Central America association agreement (debate)
Transitional arrangements for bilateral investment agreements between Member States and third countries (debate)
Granting delegated powers for the adoption of certain measures relating to the common commercial policy (debate)
Measures to protect the EU market from unusually low priced imports of Chinese origin, especially photovoltaic panels (debate)
Protocol to the Euro-Mediterranean Agreement establishing an association between the EC and Israel on Conformity Assessment and Acceptance of Industrial Products (CAA) (debate)
Explanations of vote
EU trade negotiations with Japan (debate)
Implementation of the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the EU and Colombia and Peru - Implementation of the bilateral safeguard clause and the stabilisation mechanism for bananas of the Association Agreement between the EU and Central America (debate)
Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA (debate)
EU-Israel agreement on conformity assessment and acceptance of industrial products (debate)
Explanations of vote
EU trade negotiations with Japan (debate)
Scheme of generalised tariff preferences (debate)
EU and China: unbalanced trade? (debate)
Trade and investment strategy for the southern Mediterranean following the Arab Spring revolutions (debate)
International Cocoa Agreement 2010 - Child labour in cocoa sector (debate)
Regional Convention on pan-Euro-Mediterranean preferential rules of origin - Regional Convention on pan-Euro-Mediterranean preferential rules of origin (debate)
Agreement between the EU and Morocco concerning reciprocal liberalisation measures on agricultural products and fishery products (debate)
Explanations of vote
Explanations of vote
American Jobs Act (debate)
Explanations of vote
New trade policy for Europe under the Europe 2020 strategy (debate)
EU-Taiwan trade (debate)
Explanations of vote
Explanations of vote
Internationalisation of European SMEs (debate)
Explanations of vote
EU-Canada trade relations (debate)
Textile names and related labelling of textile products (debate)
Emergency autonomous trade preferences for Pakistan (debate)
EU-Japan trade relations (debate)
Industrial policy for the globalised era (debate)
Free trade agreement between the EU and the Republic of Korea (debate)
Brazil: extradition of Cesare Battisti
Control by Member States of the Commission’s exercise of implementing powers (debate)
Instrument for Stability - Financing instrument for development cooperation - Financing instrument for the promotion of democracy and human rights worldwide - Financing instrument for cooperation with industrialised countries - Financing instrument for development cooperation (debate)
Aid for Pakistan and possible implication for the European industrial sector (debate)
Indication of the country of origin of certain products imported from third countries (debate)
Bilateral safeguard clause in the EU-Korea Free Trade Agreement (debate)
Conclusions of the European Council meeting (17 June 2010) (debate)
Textile names and related labelling of textile products (debate)
Conclusions of the European Council meeting (25-26 March 2010) (debate)
Anti-Counterfeiting Trade Agreement (ACTA) (debate)
Regulation applying a scheme of generalised tariff preferences (debate)
EU - South Korea free trade agreement (debate)
Presentation of the College of Commissioners and statement on the Framework Agreement on relations between the European Parliament and the Commission (debate)
Presentation of the programme of the Spanish Presidency (debate)
‘made in’ (origin marking) (debate)
Preparation of the European Council (29 and 30 October 2009) (debate)
Freedom of information in Italy (debate)
Free trade agreement with South Korea: impact on European industry (debate)
Reports (4)
REPORT Report on the impact of counterfeiting on international trade PDF (261 KB) DOC (166 KB)
REPORT Recommendation on the proposal for a Council decision on the acceptance, on behalf of the European Community, of the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005 PDF (167 KB) DOC (106 KB)
RECOMMENDATION on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement PDF (177 KB) DOC (80 KB)
RECOMMENDATION on the draft Council decision on the conclusion of an Agreement in the form of a Protocol between the European Union and the Arab Republic of Egypt establishing a dispute settlement mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part PDF (137 KB) DOC (62 KB)
Shadow reports (4)
REPORT on the proposal for a regulation of the European Parliament and of the Council on imports of rice originating in Bangladesh PDF (204 KB) DOC (173 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories PDF (214 KB) DOC (152 KB)
REPORT Report on the proposal for a decision of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits PDF (282 KB) DOC (378 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1934/2006 establishing a financing instrument for cooperation with industrialised and other high-income countries and territories PDF (371 KB) DOC (373 KB)
Opinions (5)
OPINION Proposal for a Recommendation to the Council on the guidelines for the negotiation of an Association Agreement between the European Union and Central America
OPINION on the proposal for a directive of the European Parliament and of the Council on the award of concession contracts
OPINION on the proposal for a European Parliament and Council on Public Procurement
OPINION on the proposal for a Directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors
OPINION on an Industrial Policy for the Globalised Era
Shadow opinions (4)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down the Union Customs Code (Recast)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries
OPINION on Small and Medium-Size Enterprises (SMEs): competitiveness and business opportunities
OPINION on the modernisation of customs
Written declarations (3)
Amendments (275)
Amendment 6 #
2012/2711(RSP)
- having regard to its resolution of 13 June 2012 on EU trade negotiations with Japan;
Amendment 13 #
2012/2711(RSP)
Paragraph 3
Amendment 22 #
2012/2711(RSP)
Paragraph 6
Cautions that, while the roadmaps represent a partial step forward, greater ambition must be demonstrated by Japan in future negotiations; emphasises that the implementation on these commitments is crucial and, therefore, calls for concrete results as soon as possible, ideally in advance of the dates established;
Amendment 43 #
2012/2711(RSP)
Paragraph 9
Underlines that such an agreement must be comprehensive, ambitious and fully binding in all its commercial provisions; stresses an FTA must lead to a genuine openness on the ground for EU businesses rather than just a hypothetical, legal opennes- on the basis of clear commitments to eliminate NTBs - rather than just a hypothetical, legal openness; calls on the Commission to formally and periodically update the European Parliament and the Council on the state of play of the negotiations and on the progress made on dismantling Japanese NTBs; considers that if, during the negotiations, Japan does not demonstrate sufficient ambition, the Commission should suspend negotiations after consultations with the European Parliament and the Council;
Amendment 53 #
2012/2711(RSP)
Paragraph 11, first indent
- Concrete and wide-ranging commitments from the Japanese government on NTBs with a view to eliminating a substantial percentage ofll barriers hindering EU-Japan trade; underlines that these commitments should go considerably further than the roadmaps already agreed under the scoping exercise;
Amendment 56 #
2012/2711(RSP)
Paragraph 11, first indent c (new)
- Removal of the existing NTB in the automotive sector included in the scoping paper such as the "zoning regulations" and the preferential treatment for "kei cars" to allow foreign competition on this segment;
Amendment 58 #
2012/2711(RSP)
Paragraph 11, second indent
- Significant concessions on public procurement guaranteeing market access for European companies in strategic Japanese sectors including railways and urban transport and to the same degree of openness as that of the EU's public procurement markets;
Amendment 59 #
Amendment 61 #
2012/2711(RSP)
Paragraph 11, third indent
- A strict, binding and effective dispute resolution mechanism to combat the development of new NTBs and obstacles to market access in public procurement in Japan after the entry into force of the agreement;
Amendment 64 #
2012/2711(RSP)
Paragraph 11, fourth indent
- A staggered schedule for sensitive tariff reductions in the EU to allow EU industry time to adapt to increased competition; considers that the removal of such tariffs should be inextricably linked via a 'safety clause' to the progress in removing obstacles to market access in public procurement and NTBs in Japan;
Amendment 78 #
2012/2711(RSP)
Paragraph 11, eighth indent d (new)
- A robust sustainable development chapter with binding core labour standards, including the four ILO priority conventions for industrialised countries, and environmental standards; this chapter should also include the setting up of a civil society forum that monitors and comments on its implementation;
Amendment 91 #
2012/2711(RSP)
Paragraph 13
13. Demands that, if negotiations are successful, the Commission undertakes a second impact assessment to evaluate the expected advantages and disadvantages of the agreement for EU jobs and growth, especially on sensitive sectors as the automotive and electronics, also in the light of the EU-Korea FTA;
Amendment 13 #
2012/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to draft a legislative proposal laying down binding commitments on the part of the Member States to simplify all national procedures pertaining to policies in support of the internationalisation of SMEs and to increase the protection of the latter with regard to unfair competition practices on third markets;
Amendment 17 #
2012/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. RegretBelieves that the Communication does not address the difficulties that SMEs face in identifying foreign business opportunities, and that it does not propose providing SMEs identified by governments with suggestions on internationalisation; believes that the EU should support incentives to develop SMEs in strategic sectors in a proactive fashion, especially when it concerns high- value-added manufacturing activities offering a competitive edge over emerging economieEU should promote, also in concert with the Member States, incentive measures to benefit, above all, strategic sectors and the most technologically advanced manufacturing sectors in order to strengthen EU competitiveness; stresses the need, therefore, to identify promising niche- markets;
Amendment 23 #
2012/2042(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Member States to adopt a single network of export helpdesks at a local level, run in cooperation with businesses, so that SMEs can receive, in their own language and for immediate usechambers of commerce, universities and other interested stakeholders, so that SMEs can have an easily identifiable single contact and receive, in their own language and for immediate use, personalised advice and economic analyses of overseas markets, information regarding export opportunities, trade barriers and competitors in third markets;
Amendment 35 #
2012/2042(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the network of services and opportunities offered to SMEs in more protected overseas markets that are considered to be a priority should be reorganised and strengthened; would like to see ad hoc offices set up, within the EU delegations, that are able to provide specialist assistance with reference to the specific features of the countries in question and any existing difficulties (respect for intellectual property rights, existence of non-tariff barriers, local legislation, regulatory standards, certification, etc.) and that are also able to provide legal protection and facilitate the establishment of contacts and networks between European SMEs and export consortia in third countries;
Amendment 40 #
2012/2042(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls for a clearer definition of SME priority markets on the basis of the agenda for the EU’s trade negotiations; sees the growth of host markets and gaps in existing support structures as the main criteria for making the list of priority markets; recommends that EU’s neighbouring countries be added to the list, since most SMEs initially export to trading partners in neighbouring countries, such as the Republic of Moldova andpoints to the markets of neighbouring countries and EU candidate countries – in particular the countries inof the Western Balkan, such as Serbia, recently recognised as an EU candidate countrys and Mediterranean area – as priority markets in which SMEs can play a particularly important role in the growth and stability of the regions;
Amendment 44 #
2012/2042(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Urges the Commission to ensure that the specific needs and interests of SMEs are reflected in all trade negotiations; supports a reform of the multilateral framework for involvingtake legislative initiatives to strengthen the competitiveness of the European production system, gearing it to the central role played by SMEs; calls on the Commission to take further measures at the WTO to ensure that the protection of SMEs atin the WTO and for ensuring faster arbitrationglobal markets is increasingly effective and sbettlement of disputes for SMEser guaranteed;
Amendment 50 #
2012/2042(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Calls for concrete initiatives on the part of the EU to improve the protection of SMEs’ intellectual property rights (IPR) in third countries, such as has been achieved with the SME IPR helpdesk in China, and urges the Commission to establish similar instruments also in other priority markets;
Amendment 17 #
2012/0027(COD)
Proposal for a regulation
Article 53 - paragraph 2
Article 53 - paragraph 2
2. Goods the production of which involved more than one country or territory shall be deemed to originate in the country or territory where they underwent their last and at least one other substantial transformation.
Amendment 18 #
2012/0027(COD)
Proposal for a regulation
Article 54 - paragraph 3
Article 54 - paragraph 3
3. A document proving origin may be issued in the Union where the exigencies of trade so requireprovided that documentary proof of the origin of the goods has been produced.
Amendment 19 #
2012/0027(COD)
Proposal for a regulation
Article 55
Article 55
Delegation of power 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 243, specifying non-essential elements concerning: (a) the rules under which goods are considered as wholly obtained in a single country or territory or to have undergone their last and at least one other substantial transformation in a country or territory, in accordance with Article 53; (b) the requirements on the proof of origin referred to in Article 54. 2. The power to adopt delegated acts referred to in paragraph 1 shall be conferred on the Commission for a period of three years from the publication of this Regulation.
Amendment 84 #
2012/0027(COD)
Proposal for a regulation
Article 53 - paragraph 2 a (new)
Article 53 - paragraph 2 a (new)
Amendment 49 #
2011/2115(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to improve international regulatory cooperation, including in multilateral fora, and convergence of regulatory requirements on the basis of international standards and where possible engage in regulatory dialogue to address existing or potential future barriers to trade with a view to limiting disputes and associated trade costs;
Amendment 1 #
2011/2083(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that customs are of vital importance to international trade and to the competitiveness of the European Union as they a play a unique role in combating the illegal entry of goods and counterfeiting and in protecting intellectual property rights;
Amendment 7 #
2011/2083(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes there is a need for modernisation measures such as simpler customs legislation and interoperable computerised customs systems which will help facilitate commercial practices, as well as greater coordination of prevention and prosecution activities by the tax police at European level;
Amendment 25 #
2011/2083(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes there is a need to step up international customs cooperation in multilateral bodies (the WTO and the World Customs Organisation), including through sharing standards and good practice, with the chief aim being to protect consumers;
Amendment 26 #
2011/2083(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Stresses the importance of ensuring that legitimate customs checks carried out by third countries are not, in certain circumstances, misused to create new, de facto non-tariff barriers to goods originating from the EU;
Amendment 33 #
2011/0439(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union’s financial interests or money laundering. Non- payment of taxes or social security contributions and violations of environmental or social obligations, including rules on accessibility for disabled persons, should also be sanctioned by mandatory exclusion at the level of the Union. Given that contracting entities, which are not contracting authorities, might not have access to indisputable proof on the matter, it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in Directive [2004/18] to such contracting entities. The obligation to apply Article 55(1) and (2) of Directive [2004/18] should therefore be limited to contracting entities that are contracting authorities. Furthermore, contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations, including rules on accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 34 #
2011/0439(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting entities require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as the award criteria eitheron "the most economically advantageous tender" or "the lowest cost", taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions.
Amendment 35 #
2011/0439(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Where contracting entities chooseith a view to awarding a contract to the most economically advantageous tender, theycontracting entities must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of those criteria depends on the subject-matter of the contract, since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting entity and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 37 #
2011/0439(COD)
Proposal for a directive
Recital 56 a (new)
Recital 56 a (new)
(56a) Contracting entities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 47 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decideshall not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV.
Amendment 48 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteriaon on which contracting entities shall base the award of contracts shall be one of the following:the most economically advantageous tender.
Amendment 49 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point a
Article 76 – paragraph 1 – subparagraph 1 – point a
Amendment 50 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 51 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Amendment 52 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1
Article 76 – paragraph 2 – subparagraph 1
The most economically advantageous tender referred to in point (a) of paragraph 1) from the point of view of the contracting entauthority shall be identified on the basis of criteria linked to the subject- matter of the public contract in question.
Amendment 53 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Article 76 – paragraph 2 – subparagraph 2 – introductory part
Those criteria shall include in addition to the price or costs referred to in point (b) of paragraph 1,– assessed, at the choice of the contracting entity, on the basis of price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 77 - other criteria linked to the subject-matter of the contract in question, such as:
Amendment 54 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point - a a (new)
Article 76 – paragraph 2 – subparagraph 2 – point - a a (new)
(- aa) decent working conditions, health and safety at the workplace and respect for the right to collective bargaining; (this amendment should be inserted before point (a) of this paragraph)
Amendment 55 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 3
Article 76 – paragraph 3
Amendment 56 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 5 – subparagraph 1
Article 76 – paragraph 5 – subparagraph 1
Amendment 63 #
2011/0439(COD)
Proposal for a directive
Article 79 a (new)
Article 79 a (new)
Amendment 35 #
2011/0438(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union’s financial interests or money laundering. Non- payment of taxes or social security contributions, as well as violations of environmental or social obligations, including rules on accessibility for disabled persons, should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations, including rules on accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 36 #
2011/0438(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also where contracting authorities require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditward criterions.
Amendment 37 #
2011/0438(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Wheren a contracting authorities choose to award a contract is to be awarded to the most economically advantageous tender, theycontracting authorities must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money. The determination of these criteria depends on the subject-matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matter of the contract, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 40 #
2011/0438(COD)
Proposal for a directive
Recital 48 a (new)
Recital 48 a (new)
(48a) Contracting authorities should respect the delay of payment as established in Directive 2011/7/EU.
Amendment 54 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decideshall not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.
Amendment 55 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
Amendment 56 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
Amendment 58 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Article 66 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteria on which contracting authorities shall base the award of public contracts shall be one of the following:the most economically advantageous tender.
Amendment 59 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 60 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 61 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 64 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject- matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, which the contracting authority shall assess, as it prefers, either on the basis of the price alone or by using a cost-effectiveness approach, such as a life-cycle costing approach under the conditions set out in Article 67, other criteria linked to the subject-matter of the public contract in question, such as:
Amendment 65 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point - a a (new)
Article 66 – paragraph 2 – point - a a (new)
(- aa) decent working conditions, health and safety in the workplace and respect for collective bargaining;
Amendment 67 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
Amendment 68 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
Amendment 77 #
2011/0438(COD)
Proposal for a directive
Article 69 a (new)
Article 69 a (new)
Amendment 8 #
2011/0437(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) It is also appropriate to exclude certain services and work concessions from a third country if the third country concerned apply certain restrictions to its domestic concession markets resulting in a lack of substantial reciprocity in terms of market openness between the EU and the third country concerned.
Amendment 11 #
2011/0437(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Concessions should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union’s financial interests or money laundering. Non-payment of taxes or social security contributions and other serious violations of Union or national law aimed at the protection of public interests compatible with the Treaty should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities and contracting entities should be given the possibility to exclude candidates or tenderers for serious violations of Union or national law aimed at the protection of public interests compatible with the Treaty or where the economic operator has shown significant or persistent deficiencies in the performance of a prior concession or concessions of a similar nature with the same contracting authority or contracting entity.
Amendment 18 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point c a (new)
Article 36 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) compliance with social and environmental legislation.
Amendment 19 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point e a (new)
Article 36 – paragraph 5 – subparagraph 1 – point e a (new)
(ea) other serious violations of Union or national law aimed at the protection of public interests compatible with the Treaty;
Amendment 20 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1 – point a
Article 36 – paragraph 7 – subparagraph 1 – point a
Amendment 21 #
2011/0437(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Amendment 23 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4 – point d a (new)
Article 39 – paragraph 4 – point d a (new)
(da) compliance with EU or international labour, social security and environmental law.
Amendment 44 #
2011/0411(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) implementing the international dimension of the “Europe 2020” strategy in order to strengthen the complementary relationship between internal and external Union policies – especially in the field of innovation, research, and competitiveness – by supporting the Union’s bilateral, regional and inter- regional cooperation partnership strategies, by promoting policy dialogues and by developing collective approaches and responses to challenges of global concern such as energy security, climate change and environment. This objective shall be measured by the uptake of the “Europe 2020” policies and objectives by key partner countries;
Amendment 45 #
2011/0411(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) improving market access and developing trade,access to third-country markets, boosting trade, eliminating barriers to trade and investment while also counteracting unwarranted protectionist measures and regulatory barriers, not least by promoting international standards, improving the protection of intellectual property rights, and creating a secure climate for investment and businessnew trading opportunities for European companies – in particular small and medium-sized enterprises (SMEs) – on the world stage by means of economic partnerships and by, business and legal and taxation regulatory cooperation. T, and support programmes and instruments to promote SME internationalisation; this objective shall be measured by the Union’s share in foreign trade with key partner countries and by trade and investments flows to all partner countries specifically targeted by actions, programmes and measures under this Regulation;
Amendment 51 #
2011/0411(COD)
Proposal for a regulation
Annex 1 – paragraph 1 – point c
Annex 1 – paragraph 1 – point c
(c) the facilitation of (and support of) economic and trade relations and trade integration processes, including south- south, and the consolidation of trading relations with emerging macro-areas important to the Union, support to Union investment flows and economic partnerships, including a focus on small and medium-sized enterprises; support measures and instruments to promote SME internationalisation (including training and information programmes and help desks on third-country markets); improvements to the protection of intellectual property rights, intensification of regulatory dialogue, and facilitation of access to third-country markets;
Amendment 57 #
2011/0411(COD)
Proposal for a regulation
Annex 1a (new)
Annex 1a (new)
Amendment 24 #
2011/0392(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) These programmes should receive suitable funding owing to their importance, their European dimension and their intrinsic European added value.
Amendment 107 #
2011/0137(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) The Member States should establish a system of effective, proportionate, dissuasive and harmonised sanctions in order to ensure that more coherent and better coordinated action is taken to prevent and punish intellectual property right infringements and that EU consumers are properly protected.
Amendment 248 #
Amendment 249 #
2011/0137(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
The Member States shall lay down the rules on administrative sanctions applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The administrative sanctions provided for must be effective, proportionate and dissuasive.
Amendment 55 #
2011/0117(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) it has been classified by the World Bank as a high-income or an upper-middle income country, or it has accounted for a share of world merchandise exports above 1%, during three consecutive years immediately preceding the update of the list of beneficiary countries;
Amendment 79 #
2011/0117(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The tariff preferences referred to in Articles 7 and 12 shall be suspended, in respect of products of a GSP section originating in a GSP beneficiary country, when the average value of European Union imports of such products from that country over three consecutive years from that GSP beneficiary country exceeds the thresholds listed in Annex VI. The thresholds shall be calculated as a percentage of the total value of European Union imports of the same products from all GSP beneficiary countries.
Amendment 88 #
2011/0117(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) it has ratified all the conventions listed in Annex VIII without any reservations which are inconsistent with their objectives and purposes and the most recent available conclusions of the relevant monitoring bodies , or any evidence available, do not identify a serious failure to effectively implement any of these conventions;
Amendment 92 #
2011/0117(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(ea) it has abolished capital punishment.
Amendment 135 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Without prejudice to the provisions of Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 38(2), shall remove the tariff preferences referred to in Articles 7 and 132 with respect to the products from GSP sections 11(a) and 11(b) or to products falling under Combined Nomenclature codes 22071000, 22072000, 29091910, 38140090, 38200000, and 38249097 where imports of such products, listed respectively in Annex V or IX, whichever is applicable, originate in a beneficiary country and their total:
Amendment 136 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) increase by at least 150 % in quantity (by volume), as compared with the previous calendar year; or
Amendment 144 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) for products under GSP sections 11(a) and 11(b), exceed the share referred to in Annex VI, paragraph 2 of the value of European Union imports of products in GSP sections 11(a) and 11(b) from all countries and territories listed in Annex II during any period of twelve months.
Amendment 145 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share not exceeding 86 % of European Union imports of products listed in Annex V or IX, whichever is applicable.
Amendment 187 #
2011/0117(COD)
Proposal for a regulation
Annex VI – point 2
Annex VI – point 2
2. The provisions of Article 8 shall apply for each of the GSP Sections 11(a) and 11(b), when the percentage share referred to in Article 8(1) exceeds 14,50 %.
Amendment 193 #
2011/0117(COD)
Proposal for a regulation
Annex VII – point 1 – point b
Annex VII – point 1 – point b
(b) of which the imports of products listed in Annex IX into the European Union represent less than the threshold of 21 % in value of the total imports into the European Union of products listed in Annex IX originating in countries listed in Annex II, as an average during the last three consecutive years.
Amendment 133 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 3 – subparagraph 1 a (new)
Article 4 – paragraph 3 – subparagraph 1 a (new)
Notwithstanding the above, prior to the submission of the assessment that the Commission is to present to the Council and the European Parliament by 2023 on the state of implementation of the provisions of this Directive, Member States may derogate from any increase in the minimum levels of taxation applicable to motor fuels set out in Annex I, Table A for fuels such as methane and biomethane, in the light, inter alia, of energy, industrial and environmental policy objectives.
Amendment 213 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2003/96/EC
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
Amendment 74 #
2010/2301(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned about the problems foreign businesses encounter in accessing Chinese public procurement whereas access to European public procurement is guaranteed; regrets that China has not acceded to the plurilateral Agreement on Government Procurement (AGP) even though it committed to do so in its protocol on accession to the WTO; calls on the Commission to make haste in developing a European instrument to ensure better access for European businesses to foreign public procurement markets and to encourage the EU’s trading partners, such as China, to open up their public procurement markets and eliminate protectionist measures; considers it essential to strengthen support instruments in order to incentivise, coordinate and assist the presence of European SMEs in priority markets, such as China;
Amendment 88 #
2010/2301(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the EU to make use, wherever necessary, of trade defence instruments that are consistent with WTO rules, such as anti-dumping, anti-subsidy and safeguard measures, in the event of illegal trade practices by China in order to ensure a level playing field for EU-China trade; at the same time, voices concern at the growing use of anti-dumping measures by China in relation to EU exports, and calls on China to use anti-dumping regulations which are consistent with WTO rules and based on transparent investigation procedures, thereby avoiding retaliatory measures;
Amendment 6 #
2010/2203(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that bilateral investment treaties (BITs) now fall under the exclusive competence of the EU; considers that a common policy on investment can meet the expectations both of investors and of the States concerned and can help to increase the competitiveness of the EU and its businesses and to increase employment;
Amendment 10 #
2010/2203(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that Member States are resolute in accepting the replacement of existing BITs, on the condition that the new BITs are based on equal or superior termthe ‘best practices’ of the Member States;
Amendment 12 #
2010/2203(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Identifies the vital importance of certainty for investorsa legal framework marked by certainty which protects investors and their investments by means of pre- and post-investment protection, effective protection of investments, judicial protection arrangements involving international courts and effective dispute settlement systems, including for disputes between States and investors from other States; considers it important that rules also be laid down concerning liability for and debitability of fines levied; requires all this to be taken into account in formulating any framework so as to ensure the maximum possible certainty with regards to BITs that are already in force as well as those that have yet to be concluded;
Amendment 17 #
2010/2203(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers that the EU should in future prioritise ‘sustainable’ investment in both the environmental and the social field, including on the basis of recent OECD rules;
Amendment 76 #
2010/2152(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates that all new FTAs concluded by the EU should be WTO-compatible, comprehensive, ambitious, but at the same time balanced, lead to real reciprocal market access and go beyond both existing multilateral commitments and those expected to result from a successful conclusion of the DDA; welcomes the progress made in some negotiations; at the same time regrets that most of the negotiations have not been concluded yet; asks the Commission to analyse what could be done or changed in order to conclude outstanding FTA negotiations better and faster; asks the Commission to analyse the possibility of including WTO dispute settlement mechanisms in bilateral Free Trade Agreements; asks the Commission to reduce the spaghetti-bowl effect, e.g. by negotiating multilateral rules of origin;
Amendment 86 #
2010/2152(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reminds the Commission to carry out a better evaluation of European interests before deciding on future FTA partners and negotiation mandates; reminds the Commission and the Council to take seriously into account Parliament’s views when deciding about the mandates; , including on the basis of accurate impact assessments on the various EU industries and sectors and in-depth consultations with all the parties concerned; reminds the Commission and the Council to take seriously into account Parliament’s views when deciding about the mandates; reiterates that the negotiations should be based on balanced proposals, avoiding disparities between the various production sectors and with due consideration for the impact on undertakings’ competitiveness and jobs; notes with concern that the Commission refers in its communication to major future EU concessions with a view to the forthcoming FTAs;
Amendment 115 #
2010/2152(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 126 #
2010/2152(INI)
Motion for a resolution
Subheading 14
Subheading 14
EU competitiveness and economic success cannot exist without goods, services and well- protected foreign direct investments
Amendment 142 #
2010/2152(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Demands that the Commission force our trading partners to grant better market access to our goods and service providers, bearing in mind that the EU internal market is already quite open to foreign service providers; points out that some public services have to remain excluded on the basis of national or regional cultural diversities;
Amendment 9 #
2010/2110(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomesTakes note of the agreement on trade in bananas, which settles twenty years of WTO disputes and constitutes an important step towards the consolidation of a rule-based multilateral trading system; notes that the agreement on trade in bananas makes a decisive contribution to the resolution of issues relating to tropical products and pr and welcomes the ending of one of the most technically complex, politically sensitive and significant trade disputes ever to be brought befeorences in WTO negotiations; believes that this the WTO; the agreement furtreacherd consolidates the EU’s posititutes a step towards the consolidation onf agriculture in the Doha round; calls upon the EU to build upon this important breakthrough to push WTO negotiations forward rule- based multilateral trading system even if it does not fully reconcile the legitimate interests of the parties;
Amendment 19 #
2010/2110(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls upon the Commission to maintain an even stronger stance on the inclusion of GIs within the scope of the Anti- Counterfeiting Trade Agreement and in bilateral trade negotiations;
Amendment 22 #
2010/2110(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the conclusion of multilateral negotiations is a priority to be pursued by the EU; believes that bilateral trade agreements can helpfully complement multilateral processes by making it possible to achieve progress on specific issues such as geographical indications and social and environmental norms; underlines the importance of a coherent approach to these issues in the different bilateral agreements;
Amendment 30 #
2010/2110(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of strict implementation of the preferential rules of origin; calls for a review of all trade preferences given to emerging economuntries suwhich as China, India and Brazilre members of the G-20 by the European Union;
Amendment 32 #
2010/2110(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Reaffirms the importance of agricultural trade for economic development and poverty alleviation in developing countries; calls upon the EU to help ACP countries to adapt to the increasing global competition from Latin American countries (South-South trade);
Amendment 14 #
2010/2095(INI)
Draft opinion
Paragraph 5a (new)
Paragraph 5a (new)
5a. Considers that external competition is vital to the EU and that it is based on fair competition between domestic and external producers; believes therefore that steps must be taken to ensure that European businesses are not threatened by unfair practices; stresses the importance of a system of effective trade protection and draws attention to the need to make use, where necessary, of trade defence instruments vis-à-vis countries which fail to comply with international trade rules or free trade agreements with the EU.
Amendment 15 #
2010/2095(INI)
Draft opinion
Paragraph 5b (new)
Paragraph 5b (new)
5b. Stresses the need to defend EU interests in negotiations on future trade agreements in order to protect industry and employment, and calls for such agreements to be drafted in such a way as to form part of an industrial strategy based on fair competition; considers also that the inclusion in free-trade agreements of legally binding clauses on social and environmental standards should become standard practice.
Amendment 39 #
2010/0289(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Theses measures are proposed as part of an exceptional package, in response to the specific situation in Pakistan. They should not constitute a precedent for the Union's trade policy with other countries.
Amendment 49 #
2010/0289(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The granting of these preferences is also conditional on Pakistan abstaining from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for export of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union, from the day of the entry into force of this Regulation.
Amendment 62 #
2010/0289(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure an immediate and sustainableignificant impact on the economic recovery of Pakistan in the aftermath of the floods, it is recommended to limit the duration of the trade preferences until 31 December 20131 and in any case not beyond the deadline of one year from the entry into force of this Regulation.
Amendment 72 #
2010/0289(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) Pakistan’s abstention from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for exports of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union.
Amendment 73 #
2010/0289(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(cb) compliance with Article XI GATT 1994 and its interpretative notes. To this end Pakistan shall abstain from adopting or maintaining any prohibition or restriction on the export, or sale for export, of any materials primarily used in the production of any of the products included in Annex I and II.
Amendment 75 #
2010/0289(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 81 #
2010/0289(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In each case, the power conferred on the Commission in the first paragraph shall not go so far as to allow it to introduce additional products not included in the lists in Annexes I and II of this Regulation.
Amendment 85 #
2010/0289(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The European Parliament and the Council may object to the delegated act within a period of twoone months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by onetwo months.
Amendment 89 #
2010/0289(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, also on the initiative of the European Parliament, finds that there is sufficient evidence of failure to comply with the conditions set out in Article 2 it may take measures to suspend in whole or in part the preferential arrangements provided for in this Regulation for a period of not more than six months, provided that it has first:
Amendment 90 #
2010/0289(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
c) published a notice in the Official Journal of the European Union statingthe Pakistani authorities having been informed that there are grounds for reasonable doubts concerning the application of the preferential arrangements or compliance with Article 2(1) by Pakistan which may call into question its right to continue enjoying the benefits granted by this Regulation;
Amendment 91 #
2010/0289(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
d) informed Pakistan of any decision taken in accordance with this paragraph, before it becomes effective.eleted
Amendment 112 #
2010/0289(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. This Regulation shall apply until 31 December 20131 and in any case not beyond the deadline of one year from the entry into force of this Regulation.
Amendment 45 #
2010/0032(COD)
Proposal for a regulation
Article 1 – paragraph a
Article 1 – paragraph a
(a) "Union industry" means the Union producers as a whole of the like or directly competitive products operating within the territory of the Union, or those Union producers whose collective output of the like or directly competitive products constitutes a major proportion of the total Union production of those products. In the case where the like or directly competitive product is only one of several products that are made by the producers who constitute the Union industry, the industry shall be defined as the specific operations that are involved in the production of the like or directly competitive product;
Amendment 56 #
2010/0032(COD)
Proposal for a regulation
Article 1 - paragraph f (new)
Article 1 - paragraph f (new)
(f) “such conditions as to cause or threaten to cause” includes such factors as the production capacity, utilization rates, currency practices and labour conditions of a third country with regard to the manufacturing of components and materials incorporated into the product concerned, where such content commonly accounts for more than 5 percent of the manufacturing cost of such product;
Amendment 60 #
2010/0032(COD)
Proposal for a regulation
Article 1 - paragraph g (new)
Article 1 - paragraph g (new)
Amendment 66 #
2010/0032(COD)
Proposal for a regulation
Article 2 - paragraph 1
Article 2 - paragraph 1
1. A safeguard measure may be imposed in accordance with the provisions set out in this Regulation where a product originating in Korea is, as a result of the reduction or the elimination of the customs duties on that product, being imported in the Union in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the Union industry or to the regional industry producing a like or directly competitive product.
Amendment 71 #
2010/0032(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Monitoring The Commission shall monitor the evolution of import and export statistics of Korean products, and shall cooperate and exchange data on a regular basis with Member States and the Union industry. The Commission shall ensure that Member States provide adequate and good quality statistical data diligently. The Commission shall closely monitor Korean and third party statistics and forecasts for the range of products potentially affected by duty drawback from the day of entry into force of the Agreement. The Commission shall monitor and report to the Council and the European Parliament on Korea's compliance with Chapters Four and Eleven of the Agreement, pursuant to the provisions of this Article. The Commission, after consulting with the Republic of Korea as may be necessary, shall submit a semi-annual report to the Council and the European Parliament on Korea's compliance with Chapter Four and Eleven of the Agreement.. The report shall include any useful information on legislative and regulatory proposals, on technical and/or juridical decisions that could directly or indirectly affect the automotive and textile sector of the Agreement. Such report shall also determine whether Korean tax measures affecting de facto or de jure Union industry automotive or textile products violate the Agreement on Technical Barriers to Trade ("TBT Agreement") or Chapter 4 of the Agreement.
Amendment 94 #
2010/0032(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In the investigation the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. In the event that third- country content commonly accounts for more than 5 percent of the manufacturing cost of the product concerned, the Commission shall also evaluate, as bearing on the situation of the Union industry, the production capacity, utilization rates, currency practices and labor conditions of the third countries concerned.
Amendment 95 #
2010/0032(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. If inputs, parts and components from third countries benefitting from duty drawback are targeted by EU anti- dumping and/or anti-subsidy investigations, the Commission will analyze the additional adverse effects that the duty drawback would have on EU producers. The Commission shall assess the merits of excluding from the scope of the investigation and subsequent measures, the inputs, parts and components incorporated into EU industrial assemblies against the risks of a change in the pattern of trade which may be deemed to circumvent the remedial effects of the duties. Such an exclusion shall be granted unless the risks of circumvention outweigh the benefits.
Amendment 105 #
2010/0032(COD)
Proposal for a regulation
Article 8
Article 8
Duration and review of safeguard measures 1. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment. That period shall not exceed twofour years, unless it is extended under paragraph 2. 2. The initial period of duration of a safeguard measure may exceptionally be extended by up to twofour years provided it is determined that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting. 3. Extensions shall be adopted in accordance with the procedures of this Regulation applying to investigations and using the same procedures as the initial measures. The total duration of a safeguard measure may not exceed foureight years, including any provisional measure. 4. A safeguard measure shall not be applied beyond the expiration of the transition period, except with the consent of the Republic of Korea.
Amendment 119 #
2010/0032(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 124 #
2010/0032(COD)
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article 11b Transition Period for Authorities Within 6 months of the coming into force of the Agreement, the Commission shall present to the Council and the European Parliament a report on the effect of the 5- year transition period afforded to the parties for bringing certain technical regulations on automotive products, set out in Appendix 2-C-2 and 2-C-3 of the Agreement, into compliance with international standards, reach a conclusion on the extent to which this extended period of transition will cause competitive harm to the Union automotive industry, and express an opinion on the desirability and the feasibility of accelerating compliance by both parties to a 1-year period.
Amendment 126 #
2010/0032(COD)
Proposal for a regulation
Article 11 c (new)
Article 11 c (new)
Article 11c Availability of the European Globalization Adjustment Fund For the purposes of the Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund ("EGAF Regulation"), it shall be understood that: (a)"major structural changes in world trade patterns due to globalisation", as used in Article 1(1) of the EGAF Regulation shall include an increase in Korean imports to Europe, or failure to increase EU exports to Korea; (b) redundancies in the automotive industry: – have "significant adverse impact on the regional or local economy," and "serious impact on employment and the local economy", as used in, respectively, Articles 1(1) and 2(c) of the EGAF Regulation; and – are "exceptional circumstances" as used in Article 2(c) of the EFAF Regulation.
Amendment 69 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 20205, this Regulation sets a target of 1345 g CO2/km for the average emissions of new light commercial vehicles registered in the Community.
Amendment 189 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 1345 g CO2/km, starting in 2025, in a cost-effective manner; and
Amendment 207 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – indent 2
Article 12 – paragraph 4 – subparagraph 2 – indent 2
– confirm thidentify the modalities for a possible inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 for the long-term target.
Amendment 217 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 3
Article 12 – paragraph 4 – subparagraph 3
The European Commission shall make a proposal to the European Parliament and Council on those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
Amendment 35 #
2009/0059(COD)
Proposal for a regulation – amending act
Article 1 - point 3
Article 1 - point 3
Regulation (EC) No 1934/2006
Article 2 - paragraph 1
Article 2 - paragraph 1
1. The cooperation shall be aimed at engaging with partners which share similar political, economic and institutional structures and values to the Community and which are important bilateral partners and players in multilateral fora and in global governance. The cooperation also covers partners with which the Community has a strategic interest in promoting links while also promoting its values of democracy and respect for human rights and fundamental freedoms.
Amendment 98 #
2009/0010(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) projects shall demonstrate that they have the ability to capture at least 85% of CO2 in power generating installations that will have at least 300 MW electrical output or equivalent (or in capture equipment treating a flue gas flow corresponding to 300 MWe output in a larger power plant), and the ability to transport and geologically store this CO2 safely underground;
Amendment 100 #
2009/0010(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the project timetable shall includes shall be able to commit substantial capital expenditure within 2009 and 201010, subject to receiving the required planning consents. The main scheme of the expenditure shall be made within 2013 with the last expenditure foreseen for 2014/2015.
Amendment 108 #
2009/0010(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) the soundness of the financial package for the full investment phase of the project based on a comprehensive financial plan and the identification of areas or items or investment phases to which the funding shall be devoted;
Amendment 115 #
2009/0010(COD)
Proposal for a regulation
Article 21
Article 21
EEPR assistance shall contribute to the cost of those elements of the planning phase and the investment phase of the project that are only attributable to carbon capture and storage, taking account of possible operating benefits. It shall not exceed 80% of total eligible investment costs.
Amendment 122 #
2009/0010(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
EEPR assistance is without prejudice to further co-financing by Member States and other Community instruments.
Amendment 56 #
2009/0006(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Textile products subject only to the requirements of inclusive labelling, and those sold by the metre or in cut lengths, should be offered for sale in such a way that the consumer can fully acquaint himself with the country of origin of these products within the meaning of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing a Community customs code of origin (‘Community Customs Code’)1 and the information affixed to the overall packaging or the roll. ________ 1 OJ L 302, 19.10.1992, p. 1.
Amendment 60 #
2009/0006(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In particular the Commission should be empowered to adapt to technical progress the list of fibre names and the related descriptions, the minimum requirements for the technical file to be annexed to the application by the manufacturer for the addition of a new fibre name to the list of permitted fibre names, the special provisions concerning corsetry products and certain types of textiles, the list of products for which labelling or marking is not mandatory, the list of products for which only inclusive labelling or marking is mandatory, the list of items not to be taken into account for the determination of fibre percentages, the agreed allowances used to calculate the mass of fibres contained in a textile product, as well as to adapt the existing or to adopt new methods of quantitative analysis for binary and ternary mixtures,. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 62 #
2009/0006(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
Amendment 67 #
2009/0006(COD)
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) The purpose of origin-marking arrangements would be to provide consumers with information regarding the country of origin of the products they are purchasing, enabling them to assess such products in the light of the social, environmental and safety standards generally associated with the country in question.
Amendment 69 #
2009/0006(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. The provisions of this Regulation, apart from those relating to indication of the country of origin, do not apply to textile products which:
Amendment 75 #
2009/0006(COD)
Proposal for a regulation
Article 7 - paragraph 1 - subparagraph 1 a (new)
Article 7 - paragraph 1 - subparagraph 1 a (new)
With regard to the products referred to in Article 3(1)(a) of this Regulation and notwithstanding the provisions of Article 24(1) of Council Regulation (EEC) No. 2913/1992 of 12 October 1992 establishing a Community customs code of origin (‘Community Customs Code’), pending the reform of compulsory origin labelling provisions and in accordance with Article 11(1) of this Regulation, textile products shall be considered as ‘originating’ in a country in which they have undergone at least two major processing and/or manufacturing stages. ___________ 1 OJ L 302, 19.10.1992, p. 1.
Amendment 81 #
2009/0006(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Textile products must always indicate the country of origin as designated by the Community Customs Code and shall be labelled or marked whenever they are put on the market. However, labels or marking may be replaced or supplemented by accompanying commercial documents when the products are not being offered for sale to the end consumer, or when they are delivered in performance of an order placed by the State or by some other legal person governed by public law. This provision shall not apply to textile products from third countries.
Amendment 91 #
2009/0006(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
2. The indication of fibre names - except for that of origin - or fibre composition on the labels or marking of textile products listed in Annex V is not required.
Amendment 97 #
Amendment 98 #
Amendment 99 #
2009/0006(COD)
Proposal for a regulation
Annex V – point 39
Annex V – point 39
Amendment 116 #
2008/2135(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes India's commitment to a strong IPR regime; encourages its rigorous implementation and enforcement and to the use of TRIPS flexibilities to meet its public interest obligations, particularly in relation to access to medicines;
Amendment 127 #
2008/2135(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the European Union and India to jointly fund and support measures and initiatives such as prize funds, patent pools and other alternative mechanisms that ensure innovation in medicine, relevant to neglected diseases and to ensure access to medicines;
Amendment 2 #
2008/2133(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to the Commission communication to the European Parliament, the Council and the European Economic and Social Committee on 'An Industrial Property Rights Strategy for Europe' (COM(2008)0465),
Amendment 3 #
2008/2133(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU economy has specialised in high value added, high- quality products, often protected by marks, patents or geographic indications, which, by their very nature, are among the most likely to be counterfeited,
Amendment 5 #
2008/2133(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 6 #
2008/2133(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas a recent OSCE survey estimated that international trade relating to IPR infringements amounted to as much as EUR 150 billion in 2005, to which should be added the value of national transactions and counterfeit and pirated products that are distributed through the internet,
Amendment 9 #
2008/2133(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the 2007 report by the OECD entitled ‘The economic impact of counterfeiting and piracy’, and the upcoming Phase II report by the OECD on ‘Piracy of digital content’, emphasise the global scale, rapid growth and detrimental economic impact of digital piracy on rights holders,
Amendment 18 #
2008/2133(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the 2006 St Petersburg summit recognised the global nature of the counterfeiting and piracy problem and stressed the need to improve cooperation between G8 countries, third countries and the competent international institutions,
Amendment 19 #
2008/2133(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Amendment 22 #
2008/2133(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas a favourable conclusion of the ACTA Agreement will make it possible to establish common standards for civil, criminal and administrative protection, improved interinstitutional cooperation and cooperation with the private sector, and the incorporation of technical assistance, with a view to making respect for IPRs simpler, safer and less costly,
Amendment 23 #
2008/2133(INI)
Motion for a resolution
Recital L
Recital L
L. whereas a distinction needs to be drawn between generic medicines, the circulation of and trading in which should be encouraged, both in the EU and in developing countries, and counterfeit medicines, which, on the one hand, are dangerous for public health and, on the other, cause substantial economic losses to companies in the sector and may delay the development of new discoveries without benefiting the populations of the least developed countries,; whereas, moreover, counterfeit medicines account for only part of illegal medicines,
Amendment 31 #
2008/2133(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the flexibilities provided for in the TRIPS agreement and confirmed in the Doha Declaration on public health, should be maintained insofar as they are aimed at ensuring a fair balance between the interests of right holders and those of end users;
Amendment 36 #
2008/2133(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the progress achieved by the European Union in technical assistance programmes which have helped to strengthen IPRs in emerging and developing countries, and stresses the importance of continuing with such programmes, in view of the beneficial objective which they can achieve in terms of sustainable economic development and their important role in combating counterfeiting;
Amendment 37 #
2008/2133(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Supports the solutions put forward at the Twelfth UNCTAD Conference, within the Creative Africa Initiative, which consider the creative industries to be an essential factor in the growth of underdeveloped countries, and reaffirm the vital role of IP for the sustainable development of such regions;
Amendment 41 #
2008/2133(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 61 #
2008/2133(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the growing interest shown by a number of WTO member countries in the ACTA and hopes that the agreement can be signed also by China and other emerging countries, the economies of which are more directly concerned by counterfeiting; takes the view that greater protection of IP in emerging countries is likely to attract major foreign investments, to support the creativity of local industry and to guarantee better conditions for sustainable and lasting economic development;
Amendment 63 #
2008/2133(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission to avoid the danger of contradictions and overlapping between the ACTA, the TRIPS agreement and other international IPR treaties;
Amendment 64 #
2008/2133(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
EU-China relations 9b. Calls on the Chinese authorities to step up their efforts and take legal action with renewed energy against those who violate IP and, in this connection, welcomes the change of attitude on the part of judicial bodies which recently recognised the IPR entitlements of European citizens in China and sentenced local companies which had infringed those rights;
Amendment 65 #
2008/2133(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Reaffirms the need to step up cooperation with the Chinese customs authorities and to guarantee assistance and support from corresponding European administrative services;
Amendment 66 #
2008/2133(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the Commission to make the granting of 'market economy' status to China conditional upon the meeting of minimum standards as regards IP and measures to combat counterfeiting;
Amendment 67 #
2008/2133(INI)
Motion for a resolution
Paragraph 9 e (new)
Paragraph 9 e (new)
9e. Notes with regret that IPR protection in Turkey does not yet meet EU standards and therefore needs to be reviewed; points out that Turkey will only become a credible candidate for accession when it is in a position to take on the Community acquis and guarantee full respect for IPR within its boundaries;
Amendment 78 #
2008/2133(INI)
Motion for a resolution
Paragraph 12 a
Paragraph 12 a
12a. Takes the view that improved cooperation between the European Union and the Member States in third countries can guarantee more effective exchanges of information, better use of available resources and a greater impact on measures to combat counterfeiting as regards both political-diplomatic action and more strictly technical aspects;
Amendment 82 #
2008/2133(INI)
Motion for a resolution
Paragraph 14 new (new)
Paragraph 14 new (new)
14a. Notes that there is no harmonised definition in the European Union of 'counterfeiting' and 'piracy' and that the Member States' definitions differ;
Amendment 88 #
2008/2133(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes the acknowledgement by the Commission, in its July 2007 White Paper on Sport, that the economic viability of exploiting sports rights is dependent on the availability of effective means of protecting against the activities of IP infringers at national and international levels and calls for the owners of sports' rights to be taken into account in any action to combat counterfeiting and digital piracy;
Amendment 51 #
2008/0267(COD)
Proposal for a regulation – amending act
Article 1a (new)
Article 1a (new)
Article 1a The economic support referred to in this Regulation may not, under any circumstances, be considered a substitute for measures already provided for in, and chargeable to, the budgets of Member States and their official agencies at the time of entry into force of this Regulation; it may be regarded solely as an additional resource to aid workers made redundant as a result of structural changes in world trade patterns brought about by globalisation.
Amendment 30 #
2008/0018(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to avoid duplication of evaluation under this Directive and Regulation (EC) No 1907/2006 concerning REACH, CMRs which have been evaluated and which have not been prohibited under this Directive should not be proposed for restriction under Regulation (EC) No 1907/2006 on the grounds of risks to human health and should not be subject to Authorisation under Regulation (EC) No 1907/2006 on the grounds of risks to human health in accordance with Article 58(2) of that Regulation. Therefore, in order to avoid duplication, CMRs which have already been evaluated for use in toys and which have not been prohibited under Regulation (EC) No 1907/2006 should not be made subject to restrictions or evaluations under this Directive.
Amendment 35 #
2008/0018(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a harmonised transition period of two years after the entry into force of this Directive for compliance with its provisions and a further transition period of three years to allow toy manufacturers and economic operators the time needed to comply with the new technical requirements on chemicals, and to ensure consistent application of this Directive throughout the European Union.
Amendment 49 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market before this Directive entered into force or at the latest 2 years after this Directive entered into forcefor two years after this Directive entered into force. With regard to Articles 3(1) and 9(1) and part III of Annex II on chemical properties, Member States shall not forbid the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market either before this Directive entered into force or during the one year period following the entry into force of the revised Toy Standard EN 71-3.
Amendment 303 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraphs 1 to 3
Article 10a – paragraph 9 – subparagraphs 1 to 3
9. As early as possible, and at the latest by 30 June 2010 and every 3 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. and after consultation with the sectors concerned. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances inand the indirect effect of passing through CO2 costs in power prices into product prices without significant loss of market sharecompetitiveness to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned.
Amendment 322 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 - introductory part
Article 10b – paragraph 1 - introductory part
Not later than June 20110, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:
Amendment 326 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 – indent 2
Article 10b – paragraph 1 – indent 2
- for specific sectors, inclusion in the Community scheme of importers of products produced by the sectors or sub- sectors determined in accordance with Article 10a.
Amendment 327 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 – indent 2 a (new)
Article 10b – paragraph 1 – indent 2 a (new)
- adjusting the proportion of allowances received free of charge to compensate for the indirect effect of the costs of CO2 passing-through in the electricity prices for those sectors determined in accordance with Article 10a as being particularly affected by these costs.
Amendment 394 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I – point 3 – point b – point (ii)
Annex I – point 3 – point b – point (ii)
Directive 2003/87/EC
Annex I –table – row 2 – column 1
Annex I –table – row 2 – column 1
Production of aluminium (primary, and secondary where combustion installations with a rated thermal input exceeding 20 MW are operated)
Amendment 3 #
2008/0000(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "Global Europe: Competing in the world – A contribution to the EU's Growth and Jobs Strategy" (COM(2006)0567) and "Global Europe: A Stronger Partnership to deliver Market Access for European exporters" (COM(2007)183),
Amendment 4 #
2008/0000(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the G8 Summit declaration on "Growth and responsibility in the world economy" signed in Heiligendamm on 7 June 2007, in particular to its chapter on ‘Responsibility for raw materials: transparency and sustainable growth’ according to which "free, transparent and open markets are fundamental to global growth, stability and sustainable development",
Amendment 5 #
2008/0000(INI)
Motion for a resolution
Citation -8 b (new)
Citation -8 b (new)
– having regard to the Fourth report of the High Level Group on Competitiveness, Energy and the Environment of 11 June 2007 which supports the development of a raw materials policy, built on a well operating free and fair global market for raw materials using trade policy, in particular international multilateral and bilateral agreements, to ensure that EU and third countries support open and undistorted markets,
Amendment 8 #
2008/0000(INI)
Motion for a resolution
Recital A
Recital A
A. whereas raw materials and commodities should be understood as agricultural food products, agricultural primary commodities, metals, minerals and energy products and all products which serve as input in industrial products, whether processed, unprocessed or recycling products such as scrap,
Amendment 10 #
2008/0000(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas access to raw materials and commodities is vital for EU competitiveness,
Amendment 12 #
2008/0000(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas there is a proliferation of measures introduced by third countries which have the effect of limiting access by EU industries to raw materials and commodities,
Amendment 14 #
2008/0000(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the rise in food prices might facilitate an agreement in the current DDA negotiations,
Amendment 17 #
2008/0000(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas these price increases - especially when instituted for industrial purposes by emerging economies - have posed competitiveness challenges to the EU's manufacturing industry and have raised longer term issues related to security of supply of raw materials,
Amendment 19 #
2008/0000(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Union is highly dependent on imports of raw materials such as minerals or chemicals,
Amendment 26 #
2008/0000(INI)
Motion for a resolution
Recital H
Recital H
H. whereas women make up a significant majority of the world's poor who are often dependent on the producacquisition, production and transformation of raw materials and commodities for their survival and livelihood,
Amendment 29 #
2008/0000(INI)
Motion for a resolution
Recital J
Recital J
J. whereas climate change is taking place and is caused by human activity; whereas the extraction and, production and transformation of raw materials and commodities results in significant emissions of greenhouse gases; whereas EU industry is facing increasing constraints for the purpose of addressing this issue, at the expense of its competitiveness,
Amendment 45 #
2008/0000(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1. Recognises that access to raw materials and commodities is vital for EU competitiveness;
Amendment 47 #
2008/0000(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1a. Recognises the right of countries to restrict access to their raw materials for environmental purposes or to address critical shortages of supply when necessary; this right must be exercised in conjunction with other domestic measures;
Amendment 49 #
2008/0000(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to seek binding commitments for export duties and dual pricing within the WTO, while fully respecting restrictions based on developmental grounds;
Amendment 50 #
2008/0000(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the Commission when negotiating bilateral and regional agreements to seek binding commitments and market opening, while fully respecting developmental exceptions;
Amendment 63 #
2008/0000(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. EmphasisRecognises that the DDA negotiations would significantly reduce tariff escalation; notes that the European Union musthas already phased out export refunds and harmful tariff escalation, as well asits tariffs on agricultural products from the least developed countries (through the Everything But Arms initiative) and from many ACP countries (through Economic Partnership Agreements) and supports developing countries in identifying and implementing rules regarding special products and effective safeguard mechanisms for the sustainability of their markets and production;
Amendment 68 #
2008/0000(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to implement a comprehensive and balanced strategy in the field of access to raw materials taking into account the interests of EU industry and developing countries;
Amendment 71 #
2008/0000(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to review its compensatory finance scheme, FLEX, to ensure it is responsive and effective in supporting developing countries – including non-ACP countries-; believes there is a necessity to develop a broader international compensatory finance system aiming at the stabilisation of export revenues in commodity-dependent exporting developing countries which should complement other relevant measures taken at the national level and support the work being done by UNCTAD;
Amendment 97 #
2008/0000(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and UNCTADrelevant international organisations such as UNCTAD, WTO, World Bank, CFC (Common Fund for Commodities) and FAO.
Amendment 6 #
2007/2198(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
13a. having regard to the evaluation report of the external consultancy Mayer, Rowe and Maw LLP, entitled “Evaluation of EC Trade Defence Instruments” (December 2005),
Amendment 7 #
2007/2198(INI)
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
13b. having regard to the document of the Commission entitled “Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy” (19 November 2007),
Amendment 10 #
2007/2198(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the results of the public consultation are available in the document entitled "Evaluation of the responses to the public consultation on Europe's trade defence instruments in a changing global economy" (19 November 2007),
Amendment 11 #
2007/2198(INI)
Motion for a resolution
Recital B
Recital B
Amendment 15 #
2007/2198(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in the absence of internationally agreed upon competition rules in the WTO currently leaves no alternative but TDIs to, TDIs are the only suitable solution for dealing with unfair trade practices,
Amendment 22 #
2007/2198(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in TDI investigations, a balance has too often failed to be attained among taking timely action when unfair trade is injuring EU industry, the need to maintain the quality and thoroughness of Commission investigations and the maintenance of transparency and opportunity for all interested parties to contribute,
Amendment 27 #
2007/2198(INI)
Motion for a resolution
Recital E
Recital E
E. whereas anti-dumping is a very specific and narrowly focused instrument tackling anticompetitive practices; whereas antidumping is not and is not currently designed to tackle labour and environmental standards and to apply such standards that would hardly be in line with current WTO regulation,
Amendment 31 #
2007/2198(INI)
Motion for a resolution
Recital F
Recital F
Amendment 32 #
2007/2198(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas, in a globalised world, EU companies need a reinforced mechanism to combat unfair commercial practices, allowing them to create jobs and stimulate growth in the Union,
Amendment 41 #
2007/2198(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
- 1. Asks the Commission to take into account the results of the Green Paper for public consultation (COM(2006)0763) and the results of the independent study that it ordered, as both reflect the legitimate interests of all stakeholders;
Amendment 45 #
2007/2198(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 51 #
2007/2198(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that, in the absence of internationally recognised rules on competition, the current European TDI system is the best response to ensure a level playing field for all actors and to avoid distorting effects in international trade;
Amendment 54 #
2007/2198(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 59 #
2007/2198(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the EU already has a TDI regime with higher standards, resulting in more stringent application, than other trading partners especially with regard to the initiation, course and subsequent outcome of these investigations;
Amendment 75 #
2007/2198(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that the current EU TDI system already takes due account of the rightful and legitimate interests of all European stakeholders, as was stated by the majority of governments and stakeholders during the public consultation on the above-mentioned Green Paper;
Amendment 76 #
2007/2198(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 81 #
2007/2198(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 84 #
2007/2198(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Asks the Commission to act accordingly in order to instil social and environmental considerations into the reform of antidumping rules during the WTO negotiations, based on the international fundamental social and environmental standards that already exist;
Amendment 85 #
2007/2198(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 86 #
2007/2198(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 90 #
2007/2198(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that the EU TDI system should address all increasing unfair trade behaviour that hampers the ordinary course of trade, such as fraud, circumvention, dual pricing and violations of IPR, which greatly affect fair competition in international markets;
Amendment 93 #
2007/2198(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 99 #
2007/2198(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Asks the Commission to maintain its strict criteria when initiating new TDI investigations in order to guarantee that prima facie evidence is provided by the complainants and that all the AD conditions for initiation are met;
Amendment 100 #
2007/2198(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
2007/2198(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is worried about the increasing use by the Commission of ex officio review in order to restrict or terminate measures in force;
Amendment 105 #
2007/2198(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 112 #
2007/2198(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 116 #
2007/2198(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 120 #
2007/2198(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 123 #
2007/2198(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 125 #
2007/2198(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Believes that there is no reason to reconsider the current definition of "Community industry" so as to take greater account of the interests of those companies which have moved or subcontracted part of their production outside the Union in so far as those companies are not affected by the duties unless they engage in dumping or receive subsidies;
Amendment 127 #
2007/2198(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 128 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to open anti- dumping and countervailing procedures and to impose provisional duties as soon as possible when all the legal requirements have been met, including a threat of injury for the industry concerned;
Amendment 129 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Considers that anti-dumping procedures should always give priority to the need to restore a level playing field, as the effects of unfair competition in the long run are against the interests of all participants in the Community market;
Amendment 130 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers therefore that the analysis of the impact on other interests can only justify the non-imposition of anti- dumping measures in exceptional cases, where it is obvious that defence measures will not be able to improve the situation of Community producers, and in any event cannot justify a downward adjustment in the level or duration of the duties imposed;
Amendment 131 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Calls on the Commission to maintain its current practice that ensures the use of realistic and suitably motivated requirements when choosing an "analogue country" for investigative procedures;
Amendment 132 #
2007/2198(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Considers that the countervailing duty and the anti-dumping instrument are two distinct instruments with their own scope of application that could be used in a complementary way;
Amendment 133 #
2007/2198(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 135 #
2007/2198(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 137 #
2007/2198(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses the creation of the Hearing Officer within the Commission’s DG Trade to assist interested parties; calls on the Hearing Officer to submit, following an independent analysis, to the European Parliament periodic reports in particular on the handling of cases by the Commission, including the conformity of the administrative practices with the basic regulations, and on the synthesis of its activities; stresses that for the sake of transparency and ensuring a meaningful role for the Hearing Officer, his/her reports following individual interventions should be made known to interested parties and the Antidumping Committee;
Amendment 138 #
2007/2198(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 140 #
2007/2198(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to increase the transparency and predictability of the procedure of TDI investigations in the EU, to accelerate and simplify procedures, as well as to facilitate the accessibility of TDIs for SMEs, as they constitute the majority of the European industrial sector;
Amendment 143 #
2007/2198(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to improve the quality of and access to non- confidential information provided by other parties during the investigation and improve access to confidential information in order to strengthen defence rights;
Amendment 145 #
2007/2198(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 146 #
2007/2198(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 147 #
2007/2198(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 152 #
2007/2198(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 154 #
2007/2198(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 159 #
2007/2198(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 162 #
2007/2198(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 164 #
2007/2198(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Urges the Commission to guarantee that the process of decision-making in TDI investigations is based on transparent and objective standards;
Amendment 165 #
2007/2198(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 167 #
2007/2198(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 170 #
2007/2198(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Underlines that the legal certainty and the legal framework within which TDI investigations are conducted, are fundamental taking into account that the standard court procedure takes too long to properly address possible flaws in TDI investigations; underlines the need to ensure that interested parties have recourse to expedited judicial review;
Amendment 174 #
2007/2198(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 177 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Asks for a greater share competence for other services of the Commission when conducting investigations, in order to guarantee the transparency and effectiveness of all TDI investigation procedures;
Amendment 178 #
2007/2198(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Calls for real and strong involvement of the European Parliament, in order to improve the credibility and transparency of the trade defence policy in general and of TDIs in particular;
Amendment 179 #
2007/2198(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 183 #
2007/2198(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 185 #
2007/2198(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that, under the Community interest test, the interests of Community producers must be given priority over other interests at stake;
Amendment 186 #
2007/2198(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 190 #
2007/2198(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Asks the Commission to use the Community interest test only as a last resort and to always address the removal of injurious dumping as its first priority;
Amendment 193 #
2007/2198(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 195 #
2007/2198(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 198 #
2007/2198(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Stresses that, given that TDIs are a concept developed within the WTO mandate, it can hardly be advisable to engage in a process of unilateral revision of such instruments: reciprocity, as well as parallel steps towards their revision, on a multilateral level, namely on the part of the major EU trading partners, should be a precondition for this initiative; recalls that for the time being TDIs are the sole instruments in international trade law to address unfair trading practices;
Amendment 199 #
2007/2198(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
Amendment 201 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Asks the Council to demonstrate solidarity when dealing with TDIs, in order to guarantee that European industry and its workers are effectively protected when confronted with unfair competition;
Amendment 203 #
2007/2198(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 204 #
2007/2198(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 207 #
2007/2198(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Urges the Commission not to propose a reform of the European regulation on TDI while the WTO negotiations are ongoing and until a real consensus is found among stakeholders and Member States;
Amendment 14 #
2006/0167(COD)
Proposal for a decision
Recital 3 c (new)
Recital 3 c (new)
(3c) EU principles and standards, derived from EU policy and law and reflecting the objectives of the Union of developing and consolidating democracy and the rule of law, and respecting human rights and fundamental freedoms, as stipulated in Article 21 of the Treaty on the European Union (TEU), should be used as a guide for all projects financed by officially supported export credit agencies based in the Union, including the overarching environmental principles contained in the TEU, fundamental human rights referred to in the Charter of Fundamental Rights of the European Union and standards incorporated in the body of Union environmental and social legislation relevant to sectors and projects financed by officially supported export credit agencies, as well as the general principles underpinning corporate social responsibility.
Amendment 15 #
2006/0167(COD)
Proposal for a decision
Recital 3 d (new)
Recital 3 d (new)
(3d) The objectives of the EU and its Member States relating to climate, human and social rights and corporate social responsibility, resulting from commitments made at EU or international level, should be used as a guide for all projects financed by officially supported export credit agencies based in the Union.
Amendment 17 #
2006/0167(COD)
Proposal for a decision
Recital 3 e (new)
Recital 3 e (new)
(3e) The principles underpinning corporate social responsibility (CSR), which are fully recognised at international level, whether by the OECD, the ILO or the United Nations, concern the responsible behaviour expected of undertakings, and presuppose, first of all, compliance with the legislation in force, in particular in the areas of employment, labour relations, human rights, the environment, consumer interests and transparency vis-à-vis consumers, the fight against corruption and taxation. Moreover the specific situation and capabilities of SMES have to be taken into consideration.
Amendment 19 #
2006/0167(COD)
Proposal for a decision
Recital 3 f (new)
Recital 3 f (new)
(3f) Although OECD countries are guided by the Arrangement, non- OECD countries and, in particular, emerging countries are not Members of the OECD and hence do not take part in the Arrangement with the result that this could lead to an unfair advantage for exporters of these countries These countries should therefore be encouraged to join the OECD and participate in the Arrangement.
Amendment 26 #
2006/0167(COD)
Proposal for a decision
Annex 1 a (new)
Annex 1 a (new)