935 Amendments of Hans-Peter MAYER
Amendment 5 #
2013/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that a competition-driven open European energy market will make for lower prices, as well as enhancing Europe’s competitiveness and contributing to economic growth and consumers’ well- being, and that, in order to bring this about, the remaining physical, statutory, and or regulatory barriers to market efficiency need to be removed urgently;
Amendment 12 #
2013/2005(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UNotes that as a result of the inadequate transposition of the third energy package internal market legislation in the energy sphere has not yet generated its full benefits for internal market actors and no cross-border internal energy market yet exists; urges the Commission, to take steps to bring competition rules to bear on the energy sector, especially as regards the delayed transposition and implementation of the third energy packagherefore, to use all the means at its disposal to guarantee the transposition and implementation of the third energy package, which has been delayed; points out that enforcement of competition rules can contribute to greater security of supply if it serves to facilitate market access and encourage investment; urges the Commission, therefore, to be resolute in continuing the steps taken in the light of the sector inquiry to bring competition rules to bear on the energy sector; welcomes, in that connection, the ongoing competition law procedures in the energy sector, the aim of which is to ensure that the objective of completing the internal energy market in 2014 is achieved and that the obstacles to competition re- established by energy suppliers are eliminated; points out that national regulatory and anti-trust authorities play a decisive role in implementing EU rules, and encourages the Member States to endow these authorities with the financial and human resources they require;
Amendment 18 #
2013/2005(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to take steps to eliminate market fragmentation and distortions by phasing out direct and indirect fossil fuel subsidies and doing away with regulated consumer energy prices; calls on the Commission, in that connection, to check whether the laws in force in some Member States, which, by granting exclusive rights, create supplier monopolies and thus lead to lower levels of competition and higher consumer prices, are consistent with the Treaties; points to the need to move gradually towards consistency among renewable energy support schemes in the Member States and to promote capacity mechanisms that work efficiently in a cross-border context; emphasises that in this connection great care must be taken to determine precisely which capacity- safeguarding measures are necessary and make sense;
Amendment 26 #
2013/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that as a result of the failure to transpose the third energy package and obstacles to competition which still persist market liberalisation has not resulted in significant options or lower prices for final consumers and households; urges the Commission to take steps to improve transparencyclarify consumers’ rights, to improve transparency as regards pricing and billing, information, and freedom of consumer choice and to protect vulnerable consumers; advocates support for new arrangements making for effective dispute resolution and restoring the balance of bargaining power between final consumers and suppliers.consumers;
Amendment 37 #
2013/2005(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for the prompt transposition of the recently adopted directive on alternative dispute resolution and regulation on online dispute resolution, which are designed to guarantee improved universal EU-wide access to dispute resolution bodies, also in connection with energy-related matters, to ensure that disputes can be settled quickly, simply and cheaply and to restore the balance of bargaining power between final consumers and suppliers;
Amendment 99 #
2013/0246(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Practices have appeared online whereby traders facilitating the procurement of linked travel arrangements have dissimulated on their website the option allowing travellers not to opt for any other services than the main one. Such practices should be regarded as misleading for travellers. As the existing legal framework has not allowed for their elimination yet and given that they are specific to linked travel arrangements, they should therefore be forbidden under this Directive.
Amendment 102 #
2013/0246(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Only the combination of different travel services, such as accommodation, carriage of passengers by bus, rail, water or air, as well as car rental, should be considered for the purposes of identifying a package or an assisted travel arrangement. Accommodation for residential purposes, includingHotel nights with added packages, such as tickets for musicals or spa treatments, should be excluded when this package does not form a significant part of the trip or the ancillary service does not clearly constitute the real reason for the trip. Accommodation for residential purposes for over one month or which is clearly not for the purpose of tourism, such as for long-term language courses, should not be considered as accommodation within the meaning of this Directive.
Amendment 106 #
2013/0246(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Other tourist services, such as admission to concerts, sport events, excursions or event parks are services that, in combination with either carriage of passengers, accommodation and/or car rental, should be considered as capable of constituting a package or an assisted travel arrangement. However, such packages should only fall within the scope of this Directive if the relevant tourist service accounts for a significant proportion of the package. Generally, the tourist service should be considered as a significant proportion of the package if it is specifically referred to as such, clearly represents the real reason for the trip, accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday. Ancillary services, such as, in particular, travel insurance, transport between the station and the accommodation, transport at the beginning of the trip and as part of excursions, transport of luggage, meals and cleaning provided as part of accommodation, should not be considered as tourist services in their own right.
Amendment 122 #
2013/0246(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Since packages are often purchased a long time before their performance, unforeseen events may occur. Therefore the traveller should, under certain conditions, be entitled to transfer a package to another traveller. In such situations, the organiser should be able to recover his expenses, for instance if a sub-contractor requires a fee for changing the name of the traveller or for cancelling a transport ticket and issuing a new one. Travellers should also have the possibility of cancelling the contract at any time before the start of the package against paying appropriate compensation, as well as the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare or a natural disaster, including terrorism, hurricanes, earthquakes and political instability which puts travellers' safety at risk will significantly affect the package. Unavoidable and extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities, advise against travelling to the place of destination.
Amendment 134 #
2013/0246(COD)
Proposal for a directive
Recital 31
Recital 31
(31) This Directive should not affect the rights of travellers to present claims both under this Directive and under any other relevant Union legislation, so that travellers will continue to have the possibility to address claims to the organiser, the carrier or any other liable party, or, as the case may be, to several parties. It should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective. The organisHowever, the need to ensure that travellers receive an appropriate and timely compensation in cases where the contract is not performed properly by one of the parties should not impose an unreasonable and disproportionate burden on organisers and retailers. In addition to their obligation to remedy any lack of conformity or to compensate travellers, organisers and retailers should then have the right to seek redress from any third party which contributed to the event triggering compensation or other obligations. The organiser and retailer's liability is therefore without prejudice to theis right to seek redress from third parties, including service providers.
Amendment 157 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ancillary contracts covering travel services provided in addition to the package and booked without the involvement of the travel organiser or ancillary contracts covering financial services;
Amendment 165 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) packages where not more than one travel service as referred to in points (a), (b), and (c) of Article 3(1) is combined with a travel service as referred to in point (d) of Article 3(1) if thise latter service does not account for a significant proportion of the package or clearly does not represent the real reason for the trip; or
Amendment 167 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) Carriage of passengers by bus, rail, water or air which includes accommodation, if the main component is clearly transport and such carriage is not combined with another travel service within the meaning of Article 3(1)(b), (c) or (d).
Amendment 215 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the retailer shall provide the traveller with the following information where applicable to the package:
Amendment 217 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
ii) the means, characteristics and categories of transport, the points, dates and time of departure and return or, where the exact time is not yet determined, the approximate time of departure and return, which must not diverge by more than three hours from the actual time of departure or return, the duration and places of intermediate stops and transport connections;
Amendment 235 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Where a package holiday is sold via a retailer, the retailer shall pass on to the traveller the information referred to in paragraph 1 in full and without delay.
Amendment 236 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. Where a travel contract is concluded by electronic means, the organiser shall make the traveller aware in a clear and prominent manner, and directly before the traveller places his order, of the information provided for in Article 4(1)( a) i), ii), iii), iv), v), c), and d). Article 8(2), second subparagraph, of Directive 2011/83/EU shall apply accordingly.
Amendment 237 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The information referred to in paragraph 1 shall be provided in a clear, comprehensible and prominent manner.
Amendment 241 #
2013/0246(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. As regards compliance with the information requirements laid down in this Chapter, the burden of proof shall be on the trader.
Amendment 242 #
2013/0246(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the organiser may not change tThe information made known to the traveller pursuant to points (a), (c), (d), (e) and (g) of Article 4, unless the organiser reserves the right to make chan shall form an integral part of the packages to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contractravel contract and shall not be altered unless the contracting parties expressly agree otherwise.
Amendment 246 #
2013/0246(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. At or immediatwithout delay after the conclusion of the contract, the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium.
Amendment 252 #
2013/0246(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The text of the contract or the confirmation of the contract shall include all the information referred to in Article 4. Iset out the full content of the contract and in particular the information pursuant to Article 4 which has become an integral part of the contract. The text of the contract or confirmation of the contract shall also include the following additional information:
Amendment 261 #
2013/0246(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 2 shall be provided in a clear, comprehensible and prominent manner.
Amendment 268 #
2013/0246(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. Those additional costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser.
Amendment 319 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If any of the services are not performed in accordance with the contract, the organiser shall remedy the lack of conformity, unless this is disproportionateprovided the lack of conformity is reported by the traveller or is clear to the organiser and remedying it would not be disproportionate, and unless the lack of conformity is attributable to the traveller.
Amendment 327 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. If it is impossible for the organiser to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract, the organiser shall, insofar as the package includes the carriage of passengers, provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall, where appropriatethe services agreed in the contract have not been provided, compensate the traveller in accordance with Article 12. Reimbursements shall be made within 14 days.
Amendment 331 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. As long as it is impossible to ensure the traveller's timely return because of unavoidable and extraordinary circumstances, the organiser shall not bear the cost for the continued stay exceeding five nights per traveller. The organiser shall arrange the accommodation. Only where the organiser expressly states that he is unable or unwilling to do this himself shall overnight stays booked by the traveller himself be reimbursed, up to EUR 10025 per night and threfive nights per traveller.
Amendment 347 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Any right to compensation of the traveller under Regulation 261/2004 is independent to any right to compensation of the traveller under this Directive. Should the traveller be entitled to compensation under both Regulation 261/2004 and this Directive, the traveller shall be entitled to present claims under both legal acts, but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective.
Amendment 351 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 372 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package, the same limitations shall apply to the organiser. Insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the packageDoes not affect EN version. Linguistic amendment to German text.
Amendment 420 #
2013/0246(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Traders facilitating the procurement of linked travel arrangements online shall not hide or provide in an unclear, unintelligible, ambiguous or untimely manner the option of not booking any further services or ancillary services. Such option shall always be pre-selected by default.
Amendment 421 #
2013/0246(COD)
Proposal for a directive
Article -18 (new)
Article -18 (new)
Article -18 Failure to provide information If a right of withdrawal exists but the traveller has not been informed thereof, he may withdraw from the contract at no cost up to 24 hours before departure.
Amendment 424 #
2013/0246(COD)
Proposal for a directive
Article 19
Article 19
Member States shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unlessif he fails to pass on the information provided by the organiser pursuant to Article 4(1), passes on incomplete information or makes errors in the booking. A retailer shall not be held liable where such errors are attributable to the traveller or to unavoidable and extraordinary circumstances.,
Amendment 430 #
2013/0246(COD)
Proposal for a directive
Article 20
Article 20
1. In cases where an organiser or, in accordance with Articles 15 or 18, a retailer pays compensation, grants price reduction or meets the other obligations incumbent on ithim or her under this Directive, no provision of this DireMember States shall ensure that the organiser or retailer has the right to seek redress from any third parties which contributed to the event triggering compensation, price reductiveon or of national law may be interpreted as restricting its right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations. ther obligation. 2. The right to seek redress referred to in paragraph 1 shall also include the right of organisers and retailers to seek redress from travel services providers where an organiser or retailer is obliged to pay a compensation to a traveller under this Directive and the traveller at the same time has a right to compensation under other applicable Union law, including but not restricted to Regulation 261/2004 and Regulation 1371/2007. That right to seek redress may not be restricted in a contract. 3. Member States shall ensure that any restrictions on the right to seek redress referred to in paragraph 1 are reasonable and proportionate, in accordance with the applicable national law.
Amendment 121 #
2013/0139(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The acquisition of a share in a cooperative shall not be deemed to be a product or a service within the meaning of paragraph 2.
Amendment 14 #
2013/0089(COD)
Proposal for a directive
Recital 26
Recital 26
(26) It follows from the principle of free movement of goods that the proprietor of a trade mark must not be entitled to prohibit its use by a third party in relation to goods which have been put into circulation in the Union, under the trade mark, by him or with his consent, unless the proprietor has legitimate reasons to oppose further commercialisation of the goods.
Amendment 26 #
2013/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Union under that trade mark by the proprietor or with his consent.
Amendment 31 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) 207/2009
Article 13 – paragraph 1
Article 13 – paragraph 1
(15) In Aarticle 13(1) paragraph 1, the words '‘in the Community'’ are replaced by 'in the European Economic Area'deleted;
Amendment 94 #
2013/0072(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to strengthen air passengers’ protection in the event of cancellations of flights due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence, air carriers should be obliged to provide evidence of security for the reimbursement of passengers or their repatriation.
Amendment 98 #
2013/0072(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
Amendment 100 #
2013/0072(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Airports and airport users such as air carriers and, ground handling companies and air traffic control services should cooperate to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting. To this end, they should prepare contingency plans for such occurrences and work together in the development of such planswith European, national, regional and local authorities in the development of such plans. Existing contingency plans should, if necessary, be adapted accordingly.
Amendment 102 #
2013/0072(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to take account of the financial impact on the air transport sector in the low-cost sector as well, it should be possible to claim compensatory payments amounting to the full price of the fare, but not exceeding the amounts referred to in this Regulation. This fare should cover the outward and homeward flights, including all ancillary charges, for example for baggage. This entitlement should apply, for the corresponding amount, for each flight delayed. Accordingly, where an outward journey and a return journey are delayed, there should be an entitlement to two compensatory payments, each covering the total ticket price.
Amendment 127 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004
Article 2 – point w
Article 2 – point w
«tarmac delay» means, at departure, the time the aircraft remains on the ground between the startend of boarding of the passengers and the take-off time of the aircraft or, at arrival, the time between the touch-down of the aircraft and the start of disembarkation of the passengers;
Amendment 139 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 1 – paragraph 1 – point 4 – point c a (new)
Regulation (EC) No 261/2004
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
(ca) The following paragraph 5a is added: '5a. In the event of cancellation of a flight due to the insolvency of an air carrier or suspension of operations of an air carrier, passengers shall have the right to reimbursement or a return flight to the point of departure in accordance with point (a) of Article 8(1) and the right to care as specified in Article 9. Air carriers shall provide sufficient evidence of security for the costs of reimbursement and repatriation.’
Amendment 177 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)
Article 1 – paragraph 1 – point 7 – point -a (new)
Regulation (EC) No 261/2004
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Amendment 191 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
The following is inserted before paragraph 1: ‘-1. Air carriers shall ensure that contact personnel or third parties appointed to act as agents of the air carrier concerned are available at every airport where they operate in order to provide passengers with the necessary information about their rights, including complaint procedures, to assist them, and to take immediate action if flights have been disrupted or baggage has been lost or delayed .’
Amendment 195 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16 a – paragraph 2
Article 16 a – paragraph 2
If a passenger wants to lodge a claim with, or make a complaint to, the air carrier with regard to his rights under this Regulation, he shall submit itin connection with the rights laid down in this Regulation, he shall do so in writing or in electronic form within 3 months from the date on which the flight was performed or was scheduled to be performedgin. Within 7 days of receiving the claim or complaint, the carrier shall confirm theits receipt of the complaint to the passenger. Within two months of receiving the complaint, the carrier shall be required to provide a full answer to the passenger.
Amendment 198 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16 a – paragraph 5
Article 16 a – paragraph 5
Amendment 206 #
2013/0072(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6 d – paragraph 1 a (new)
Article 6 d – paragraph 1 a (new)
1a. In addition to the permitted maximum hand luggage allowance, passengers may carry in the cabin, free of charge, up to 5 kg of essential personal items or belongings, including airport shopping.
Amendment 220 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 1 – point ii a (new)
Annex 1 – point 1 – point ii a (new)
war, political unrest, and riots rendering impossible the safe operation of the flight;
Amendment 223 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 1 – point vi a (new)
Annex 1 – point 1 – point vi a (new)
bird strike;
Amendment 225 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 1 – point vii a (new)
Annex 1 – point 1 – point vii a (new)
official radar blackout in the airspace concerned and closure of an airport by the airport managing body;
Amendment 227 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point i
Annex 1 – point 2 – point i
technical problems inherent in the normal operation of the aircraft, such as a problem identified during the routine maintenance or during the pre-flight check of the aircraft or which arises due to failure to correctly carry out such maintenance or pre-flight check; andnot to be considered as extraordinary for the purposes of point 1(ii);
Amendment 228 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii
Annex 1 – point 2 – point ii
unavailability of flight crew or cabin crew (unless caused by labour disputes).;
Amendment 230 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii a (new)
Annex 1 – point 2 – point ii a (new)
severe weather conditions, unless the airspace or airport concerned has been officially closed by the airport managing body;
Amendment 231 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii b (new)
Annex 1 – point 2 – point ii b (new)
the onset of winter, given that aircraft have to be kept operational;
Amendment 232 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii c (new)
Annex 1 – point 2 – point ii c (new)
any delays caused by incidents affecting a preceding flight;
Amendment 233 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii d (new)
Annex 1 – point 2 – point ii d (new)
removal of ownerless baggage from the hold;
Amendment 234 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii e (new)
Annex 1 – point 2 – point ii e (new)
iced-up engine, no de-icer;
Amendment 235 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii f (new)
Annex 1 – point 2 – point ii f (new)
damage to the aircraft on the ground by a third party shortly before the scheduled departure time;
Amendment 236 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – point 2 – point ii g (new)
Annex 1 – point 2 – point ii g (new)
labour disputes at the operating air carrier.
Amendment 121 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point j a (new)
Article 2 – paragraph 3 – point j a (new)
(ja) construction products as referred to in Regulation (EU) No 305/2011 of 9 March 2011;
Amendment 1 #
2012/2101(INI)
Draft opinion
Paragraph - 1 (new)
Paragraph - 1 (new)
-1. Regrets that the first Commission report on the application of Directive 2003/8/EC was not requested until 2010 and not forwarded to Parliament until 2012 and that the shortcomings of the directive have therefore not been analysed until 10 years after its entry into force;
Amendment 2 #
2012/2101(INI)
Draft opinion
Paragraph - 1 a (new)
Paragraph - 1 a (new)
-1a. Regrets that the Commission does not specifically address the European procedures to which the Legal Aid Directive is also applicable, such as the European Small Claims Procedure, for instance, despite the fact that in that connection the period from 1 January 2009 to 31 December 2010 could certainly have been examined;
Amendment 4 #
2012/2101(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the establishment of an EU- wide pool fromin which lawyers can be called on, by a simple search referencinglooked for to act for recipients of EU legal aid; states that, in this connection, the languages which they speak and the legal systems with which they are familiar, to act for recipients of EU legal ai should be specified;
Amendment 9 #
2012/2101(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that, in a further report, the number and subject areas of cases should be included, broken down by country, in order to obtain a more detailed and more accurate overview of how the instrument is being used;
Amendment 11 #
2012/2101(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Regards it as less than user-friendly that neither the website of the European Judicial Atlas in civil matters nor the e- Justice portal provide an option for downloading, as Word documents, or properly printing out the necessary forms under European procedures for legal aid or other purposes; calls on the Commission to remedy this state of affairs immediately;
Amendment 17 #
2012/2101(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Takes the view that, in particular because the internal market is constantly growing, Member States must make efforts to resolve court disputes, including - therefore - in cases involving EU legal aid, by using cost-cutting, modern communications tools; proposes that the Commission provide financial backing and encouragement for this;
Amendment 19 #
2012/2101(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission furthermore to ensure that those Member States which, after almost 10 years, have still not fully transposed the provisions do so without delay;
Amendment 3 #
2012/2055(INI)
Draft opinion
Recital C
Recital C
C. whereas this right should also apply to people who want to open a bank account in a Member State because of a connection they have to that state without being forced to close an existing account in another Member State;
Amendment 7 #
2012/2055(INI)
Draft opinion
Recital F
Recital F
F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas voluntary commitment on the part of the banks has not yet succeeded in effectively securing universal access to basic payment accounts; whereas only a legislative instrument can guarantee the legal certainty ordinary members of the public need;
Amendment 11 #
2012/2055(INI)
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas the market must also adapt by broadly accepting basic bank account cards alongside credit cards if basic payment accounts are to become more widespread;
Amendment 16 #
2012/2055(INI)
Draft opinion
Recital K
Recital K
K. whereas, although the purpose of the current single European payment area (SEPA) is to ensure that a bank account is all that is needed to complete all national and international transactions, the process of establishing the SEPA has not yet been completed; whereas ensuring transparency in terms of services and the associated costs, and additional measures to make the SEPA more effective in all Member States, are therefore essential;
Amendment 30 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 1
Recommendation 2 – paragraph 1
Member States should ensure that every consumer legally resident in the EU is entitled to open and keep an account with any payment service provider operating on their territory. Consumers must, however, have a demonstrable connection to the Member State in which they intend to open a basic payment account, for example a (prospective) home, a (future) place of work or a (future) course of study. It should make no difference, when opening an account, whether the consumer has an account in another Member State enabling him or her to make use in that Member State of the services specified in recommendation 3. This entitlement is applicable regardless of the consumer’s financial circumstances.
Amendment 37 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 2
Recommendation 2 – paragraph 2
Member States should ensure that all banks with private customersinvolved in general retail banking are obliged to offer basic payment accounts, so as to avoid discrimination and unfair competition among banks, except where specific arrangements are in force in a Member State.
Amendment 38 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 2 a (new)
Recommendation 2 – paragraph 2 a (new)
Amendment 50 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 1
Recommendation 3 – paragraph 1
A basic payment account should serve, without discrimination, to effect all operations required in order to open, operate, and close a payment account, produce statements, perform services enabling money to be placed in a payment account and services enabling cash withdrawals from a payment account, and execute direct debiting, credit transfer, and payment transactions through a standard payment card.
Amendment 52 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 2
Recommendation 3 – paragraph 2
Access to a basic payment account should not be made subject to the purchase of additional services such as insurance, or to non-monetary considerations such as the prior signing of a rental contract.
Amendment 69 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 7
Recommendation 3 – paragraph 7
Amendment 72 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 10
Recommendation 3 – paragraph 10
Member States should launch information campaigns through public bodies and in cooperation with consumer organisations or important social institutions on the concept of basic payment accounts in order to increase consumer understanding of the right of access to such accounts and of the ways of using out-of- court complaint and dispute settlement procedures. Imparting financial knowledge is a matter of crucial importance, since it strengthens consumers’ position and enables them to integrate into the single market.
Amendment 86 #
2012/2055(INI)
Draft opinion
Recommendation 5 – paragraph 1
Recommendation 5 – paragraph 1
No later than twohree years after the legislation has entered into force, the Commission should submit a detailed report to the European Parliament and the Council on its enforcement and transposition. The report should, in addition, discuss whether additional measures are required and contain such proposals as might be necessary to adapt or amend the legislation.
Amendment 177 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 6 c (new)
Article 5 – paragraph 6 c (new)
6c. Tobacco products other than cigarettes and roll-your-own tobacco shall be excluded from information on emissions and values until measuring methods have been developed at Community level.
Amendment 233 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) cover 7543 % of the external area of both the front and 62 % of the external area of the back surface of the unit packet and any outside packaging;
Amendment 244 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned at the bottopm edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 252 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 266 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, design, rotation and proportations of the health warnings;
Amendment 272 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point d
Article 9 – paragraph 3 – point d
Amendment 335 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 475 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) tobacco productscigarettes and roll-your-own tobacco;
Amendment 478 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
Member States may permit the marketing of other tobacco products, which do not comply with this Directive, until (Publications Office, please insert exact date: entry into force + 36 months).
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 100 #
2012/0266(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point 5 – indent 2 – paragraph 1
Article 2 – paragraph 1 – subparagraph 1 – point 5 – indent 2 – paragraph 1
by clinical intervention and which is intended to remain in place after the procedure, unless the product is inserted into teeth.
Amendment 13 #
2011/2307(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the new EU biodiversity strategy and notes the Commission recommendations for CAP reform, including clearly formulated measures under both the first and second pillars seeking to conserve and improve biodiversity; stresses in this connection the particular role played by farming, which has already made a great contribution to preserving the diversity of species and biotopes and will also make a crucial contribution to the success of the European biodiversity strategy;
Amendment 19 #
2011/2307(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is convinced that the so-called 'greening' of the CAP should be implemented efficiently and unbureaucratically, without leading to discrimination against existing agri- environmental measures; calls, with regard to the necessary reduction in the administrative burden, for, inter alia, all CAP payments to continue to be underpinned by robust cross-compliance rules after 2014, which should be both transparent and as easy as possible to implement and monitor;
Amendment 26 #
2011/2307(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that only functioning, sustainable, broad-based and productive agriculture is in a position to provide the additional services demanded by society in the form of public assets; is therefore in favour of an approach that balances and integrates the introduction of additional environmental protection measures and the key role of the CAP in safeguarding efficient production;
Amendment 27 #
2011/2307(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Recalls the key role played by the CAP in guaranteeing a secure supply of high- quality and affordable food for consumers; points out in this connection that the Commission proposal for the mandatory across-the-board designation of 7% of farmland as environmental focus areas is considered to be inappropriate and impracticable, particularly where these areas would no longer be available to produce food in productive regions;
Amendment 38 #
2011/2307(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the diversity of species and biotopes now seen as meriting protection can be attributed to the way in which land has been used for farming and forestry in Europe in the past, which should therefore be continued as part of a sustainable land-use strategy; points out in this connection that differing conditions such as climate, soil and the availability of water are found mainly at a local and regional level, and that regional conditions should therefore be taken into account and correspondingly differentiated possibilities for use should be found;
Amendment 7 #
2011/2117(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a legislative proposal on the use of alternative dispute resolution (ADR) for consumer mattersprocedures to resolve legal disputes concerning civil, commercial and family matters (alternative dispute resolution, ADR) in the EU by the end of 2011 and emphasises the importance of its swift adoptionthis proposal;
Amendment 9 #
2011/2117(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Calls on the Commission, at the same time, to take immediate steps to ensure that consumers and businesses are made more aware of existing legislative instruments, such as Regulation (EC) No 861/2007 establishing a European Small Claims Procedure, Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters and Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims; with that aim in view, proposes that national authorities, courts, bar associations and chambers of commerce, consumer advice bureaux, legal expenses insurers and other competent organisations should be involved in a comprehensive information campaign; calls for financial support to be provided for European and national campaigns of this kind; calls for support to be provided for the implementation of just such a campaign concerning the ADR procedure, to coincide with the introduction of that procedure;
Amendment 21 #
2011/2117(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees with the Commission that appropriate access to repara, with a view to establishing a properly function in theg internal market requires both the possibility of easy recourse to ADR, it is also necessary to guarantee simple, fast and tche existence of an effective system for collective claims, the two being complementaryap access to compensation procedures and, in particular, to facilitate the Europe-wide use of ADR;
Amendment 28 #
2011/2117(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points to the importance of rectifying any existing shortcomings with regard to the geographical coverage of ADR in Europe; deplores the major sectoral deficiencies that persist in most Member States, when sector-by-sector coverage would enable the involvement ofile promoting the improvement of a sector-by-sector coverage involving people who understand the way in which a given sector works;
Amendment 37 #
2011/2117(INI)
Draft opinion
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Proposes that a single European charter be drawn up containing the guideliness part of the legislative proposal on ADR guidelines should be drawn up to be followed in relation to ADR systems established in Europe, these being the following:
Amendment 39 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– independence, impartiality and confidentiality; when professional mediators are being designated, the possibility of conflicts of interest arising should be avoided; the principle of joint participation by members of consumer associations and organisations representing companies could serve as a useful basis for ensuring the impartiality of the arrangementsdecision;
Amendment 40 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 2
Paragraph 6 – indent 2
– competence: the professionals in charge must have the specialist ability, training and experience to perform their role; suggests that a quality certificate should be awarded by ISO 9001 certified bodies to identify professional mediation services and provide a guarantee of their rigour and methodology and must be impartial, independent and competent;
Amendment 41 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 3
Paragraph 6 – indent 3
– efficiency and speed: professional mediators must have adequate means at their disposal (appropriate human, material and financial resources) and be able meet the short deadlines between referral and decision;
Amendment 48 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 5
Paragraph 6 – indent 5
– free servicesunding: the issue of the cost of ADR should be resolved in order to ensure that such an option is attractive to the parties concerned: a system that is entirely free to the consumer must be consideredthis is particularly important because the involvement of experts can generate substantial costs; in any event, the consumer should be required to pay only a small sum, which, if the case is won, would then be refunded by the unsuccessful party;
Amendment 51 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 6
Paragraph 6 – indent 6
– freedom of choice and out-of-court nature: ADR must be optional and based on respect for the parties’ freedom of choice throughout the process, allowing them the possibility of choosing, at any time, to settle their dispute before the courts; it must not under any circumstances constitute an initial compulsory step prior to the initiation of legal proceedings, and the decision stemming from it can be binding only if the parties have been informed to that effect beforehand and expressly agree to it; despite such a decision, it must still be possible for the parties to opt for a court hearing;
Amendment 57 #
2011/2117(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to look into the wording of the designation ‘alternative dispute settlement as a means to resolve disputes related to commercial transactions and practices in the EU’, as it is somewhat impenetrable and does not lend itself to effective communication; recommends that the designation be simplified in order to create a clearer distinction between this concept and that of recourse to the courts, and to clarify that it concerns only disputes relating to consumer matters; proposes the designations ‘alternative dispute settlement for consumer matters’, ‘out-of- court settlement of consumer disputes’ or ‘mediation of consumer disputes’in particular disputes relating to consumer matters;
Amendment 60 #
2011/2117(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Encourages the Commission to make provision for coordination in respect of transnational consumerlegal disputes in order to facilitate access to, and the coordination of, national ADR systems; encourages the Commission also to establish a one-stop- shop and/orprovide, on the home page of its European Judicial Network, in all the official languages, an overview of the relevant national procedures and to publish a single European phone number to facilitate access for the public to existingthe ADR systems in their Member State orand in other Member States, and to issue clear guidelines on their use;
Amendment 67 #
2011/2117(INI)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 71 #
2011/2117(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises that it is crucial to raise consumer awareness of the existence of ADR prior to the initiation of a consumer dispute; proposesuggests that this ‘upstream’ information should include a reference in all contractual documents drawn up by professionals to the possibility of recsoursce to ADR, along with contact details and referral procedures for the relevant ADR systems; however, this requirement should avoid extra costs and bureaucracy;
Amendment 72 #
2011/2117(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Emphasises that it is crucial to raise consumer awareness of the existence of ADR prior to the initiation of a consumerlegal dispute; proposes that this ‘upstream’ information should include a reference in all contractual documents drawn up by professionals to the possibility of recourse to ADR, along with contact details and referral procedures for the relevant ADR systems;
Amendment 5 #
2011/2089(INI)
Draft opinion
Recital B
Recital B
B. whereas individual lawsuits are oftensometimes not an effective means to stop unlawful practices or to obtain compensation, as consumers are reluctant to initiate private lawsuits, in particular if the individual loss is small in comparison to the costs,
Amendment 17 #
2011/2089(INI)
Draft opinion
Recital E
Recital E
E. whereas the overall performance of the existing consumer redress and enforcement tools designed at EU level is not deemedare not sufficiently well known, with the result that they are satisfactoryll not used as often as they should be,
Amendment 23 #
2011/2089(INI)
Draft opinion
Recital G b (new)
Recital G b (new)
Gb. whereas a system based on collective legal actions can usefully supplement, but is no substitute for, individual legal protection,
Amendment 29 #
2011/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, as a consequence of the weaknessesowing to ignorance of the current redress and enforcement framework in the EU, a significant proportion of consumers and SMEs who have suffered damage do not obtain redresdefend their rights, and continued illegal practices cause significant aggregate loss to society;
Amendment 30 #
2011/2089(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission, therefore, to take immediate steps to ensure that consumers and businesses are made more aware of existing legislative instruments, such as Regulation (EC) No 861/2007 establishing a European Small Claims Procedure, Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters and Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims; with that aim in view, proposes that national authorities, courts, bar associations and chambers of commerce, consumer advice bureaux, legal expenses insurers and other competent organisations should be involved in a comprehensive information campaign; calls for financial support for corresponding EU-wide and national campaigns;
Amendment 34 #
2011/2089(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 44 #
2011/2089(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 55 #
2011/2089(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls therefore on the Commission to submit a legislative initiative establishing a set of common principles for a collective redress mechanism applicable to both national and cross- border cases, while taking due account of the EU legal tradition and the legal orders of the 27 Member States;
Amendment 67 #
2011/2089(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Stresses that, in addition to the possibility of individual enforcement of claims through judicial action, it should be possible to enforce claims by means of collective redress procedures; notes that one such procedure is the formation of a group by a number of claimants who in response to one and the same infringement of their rights join forces actively to enforce individual claims in the form of a joint claim; observes that this enforcement may be undertaken by means of lawyers and consumers’ organisations delegating action to an organisation representing the claimants’ interests, an agency acting in the public interest;
Amendment 93 #
2011/2089(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that consumers will only participate in collective redress at their express wish and that they must not be denied the right to bring claims individually;
Amendment 96 #
2011/2089(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers that the judge should also determine how the compensation is to be organised and check if funding arrangements are fair; stresses that court control mechanisms and proportionality requirements would protect defendants against abuse of the system;Does not affect the English version.
Amendment 108 #
2011/2089(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Affirms that, in order to make collective actions practically possible, Member States should ensure that adequate funding mechanisms are made available; stresses that public authorities should refuse to allocate resources to unmeritorious claimsshould be funded in accordance with national arrangements regarding costs and charges, in order avoid abuses, and that no separate funding should be provided by Member States; stresses that the current principle that the losing party is required to pay the costs should be retained;
Amendment 118 #
2011/2089(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Is conscious that some consumer organisations maight initially be unable to pursue collective actions due to a lack of resources, and therefore an equitable mechanism for bearing the costs of proceedings would need to be introduced as without appropriate funding only a very limited number of cases will be taken.the principle that the losing party is required to pay the costs should be retained so that consumers’ organisations can cover their procedural costs and possibly establish a reserve from which future claims could be funded;
Amendment 3 #
2011/2084(INI)
Motion for a resolution
Citation 5
Citation 5
– having regard to the Council conclusions of 10 December 2010 and the progress reports of the French, Swedish, Spanish and Hungarian Council Presidencies on the framework for gambling and betting in the EU Member States,
Amendment 22 #
2011/2084(INI)
Motion for a resolution
Recital C
Recital C
Amendment 37 #
2011/2084(INI)
Motion for a resolution
Recital D
Recital D
D. whereas pan-European uniform minimum standards for the protection of gamblers anda limited number of common European standards or a more coordinated approach at the European level could be added to the existing national standards and procedures to make them more effective in order to protect consumers and for combating crime are essential,
Amendment 40 #
2011/2084(INI)
Motion for a resolution
Recital E
Recital E
E. whereas Article 56 TFEU guarantees the freedom to provide services, but Internet gambling was expressly exempted from the Services Directive because it is not a normal servicesubject to restrictions which the Member States can apply in accordance with the Treaty, so that as a consequence of its particular nature, it was necessary to expressly exempt Internet gambling from the E- commerce, Services, and Consumer Rights Directives,
Amendment 46 #
2011/2084(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the many treaty infringement proceedings and European Court of Justice judgments suggest that there is great legal uncertainty in this area,, while the Court of Justice has clarified a number of important legal questions concerning online gambling in the EU, legal uncertainty remains with regard to a number of other questions, which can only be solved at the political level; whereas this legal uncertainty has led to a significant increase in the availability of illegal gambling offers and the high risks associated with them;
Amendment 70 #
2011/2084(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
Ia. Welcomes the Commission’s change at heart to enter into a real political dialogue with the Council and the Parliament; welcomes the Commission’s clarification that this political process initiated by the Green Paper is by no means aimed at the deregulation/liberalisation of online gambling; welcomes that the Green Paper takes into account the European Parliament’s clear and standing position on gambling; deplores that the Commission does not close the existing infringement cases,
Amendment 76 #
2011/2084(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Takes the view that efficient regulation of the Internet gambling marketsector should in particular:
Amendment 147 #
2011/2084(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists, however, that Member States which open up the Internet gambling market must ensure complete transparency and make non- discriminatory competition possible; suggest, in this instance, to the Member States that they introduce a licensing model which makes it possible fRespects furthermore the right of Member States, as it is standing jurisprudence of the Court of Justice, to restrict the number of operators, types of games on offer and volumes of it, thereby obliging the Member States to establish non-discriminatory any European gambling provider meeting the conditions imposed by Member States to apply for a licenced transparent procedures only if purely commercial operators, not subject to strict state control, receive an access to such market;
Amendment 183 #
2011/2084(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission, should no other agreement be reached, to propose a directive on minimum standardsppropriate means for cooperation among the Member States within the context of the TFEU; states that, if necessary, thought should be given to stepped-up cooperation between Member States;
Amendment 208 #
2011/2084(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls therefore for cooperation between national regulatory bodies to be considerably expanded, with the Commission as coordinatorbeing involved, so as to develop common standards and take joint action against the unregulated black market; states that, in particular for identifying gamblers and combating money launderingonline gambling companies which operate in one or several Member States without the required national licence for all the games they offer; states that, in particular for combating money laundering, betting fraud and other, often organised crime, national standalone solutions are not successful; states that the Gaming Regulators European Forum (GREF) network and the Internal Market Information System could serve as the basis for this;
Amendment 51 #
2011/2048(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the exclusion of service concessions from the scope of European procurement rules; notes the Commission’s intention to propose separate legislation on service concessions; takes the view that this should be dealt with in the review of the dDirectives 2004/17/EC and 2004/18/EC only in order to avoid any further fragmentation of the legislation;
Amendment 58 #
2011/2048(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Observes in this context that the application of procurement law to the provision of personal social services is often not the best way of ensuring optimum results for the users of the services in question; calls for recognition under European law of tried and tested Member State procedures based on the principle that all providers which are able to comply with the conditions previously laid down by law should be permitted to provide services, irrespective of their legal form, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination;
Amendment 60 #
2011/2048(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 1 #
2011/2024(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the European Parliament resolution of 19 February 2009 on the creation of a European professional card for service providers (2008/2172(INI)),
Amendment 24 #
2011/2024(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Encourages Member States, competent authorities and the Commission to consolidate the various sources of information currently available to professionals - including National Contact Points (NCPs), SOLVIT, and professional bodies - by establishing an accessible online portal, which would provide relevant and up-to-date inon issues relating to the recognition of professional qualifications - including National Contact Points (NCPs) - into single points of contact pursuant to the Services Directive, which already, for mation on the recognitny professions, process, including administrative information on competent authorities and the documents to be submitted by professionals in order to securvide a central online portal for issues relating to the recognition of theirprofessional qualifications;
Amendment 32 #
2011/2024(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for further clarification of the concept of temporary and occasional provision of services; argues that competent authorities face difficulties applyonsiders that measures to improve temporary mobility for professionals should form a key aspect of the forthcoming revision of the Professional Qualifications Directive; strongly calls for service providers who exclusively provide their services to consumers escorted by them to other Member States, and who therefore have no contact with local consumers ing the regime and, therefore, calls on the Commission to evaluate the current provisions set out in Article 7 of the directive, specifically thosehost Member State (e.g. tour guides, trainers, medical personnel accompanying sportsmen or -women), to be exempted from the prior declaration requirement pursuant to Article 7; advocates that, in the case of all services that do not concerning public health and safety, and to present its conclusions to Parliamentthe declaration should in principle only be required to be made every three years;
Amendment 36 #
2011/2024(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Agrees with the Commission that the definition of ‘regulated education and training’ is too restrictive and can unreasonably impact on temporary mobility for professionals; considers that the definition should encompass any training that allows a profession to be pursued in the Member State of origin;
Amendment 109 #
2011/2024(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that demand for nurses is expected to increase significantly over the next few years as a consequence of demographic trends; points out that raising the general education requirement for nurses and midwives from 10 years to 12 years would exclude a large number of school leavers from these professions; warns that this could lead to shortages in the supply of nurses and to increased health care costs;
Amendment 121 #
2011/2024(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Highlights that the concept of common platforms, as outlined in Article 15 of the directive, has not been successful in that no such platforms currently exist; calls on the Commission to clarify the concept in a revised article and to evaluate the proposal to lower the threshold for Member State participatione fact that the instrument for automatic recognition of professional qualifications enables swift, uncomplicated recognition procedures, in contrast to the general system, and that citizens and the authorities therefore prefer it to the general system; stresses, further, that a new approach to common platforms, which would operate in much the same way as the system of automatic recognition for doctors, dentists, nurses, midwives, pharmacists, veterinary surgeons and architects, but without the need for participation by all Member States, could significantly simplify the recognition process;
Amendment 123 #
2011/2024(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that it is particularly complicated and costly for the authorities to examine qualification levels pursuant to Article 11, and very difficult for citizens to understand; suggests that the five levels of qualification pursuant to Article 11 often lead to confusion with the eight levels of the European Qualifications Framework; agrees with the Commission that deleting Article 11 and Annexes II and III would mean that the competent authorities would no longer be required to determine the eligibility of an applicant according to pre-defined levels of qualifications but could focus on identifying whether there are substantial differences in training in order to decide whether compensation measures are necessary; notes, therefore, that deleting levels of qualification, including Annexes II and III, would considerably simplify the recognition process;
Amendment 130 #
2011/2024(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that the concept of a voluntary Professional Card, which must be linked to an electronic database such as the IMI, cwould be a useful tool to aid mobility for some professions; stresses that any card introduced must meet specific conditions and that the necessary safeguards must be established;
Amendment 138 #
2011/2024(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission, prior to the introduction of any card, to provide evidence, through a thorough impact assessment, of the possible added value for the recognition process, beyond that provided by an enhanced IMI, of a voluntary card for certain professionals and competent authorities; argues that the impact assessment must address the concerns raised in the consultation and by numerous other stakeholders, assess the merits of an ‘e-card’, provide a cost- benefit analysis, specify its potential features and explain exactly how data protection and consumer safety would be ensured;
Amendment 18 #
2011/2013(INI)
Draft opinion
Recital D
Recital D
D. whereas the negotiations on the consumer protections’ rights directive1 illustrated just how difficult it is to harmonise contract law without undermining the common commitment to a high level of consumer protection in Europe and what limits this imposes on the process,
Amendment 62 #
2011/2013(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Points out that individual components of consumer contract law are already spread across various sets of European rules, so that it would make sense to consolidate them into a European Contract Law; stresses that, in the field of insurance contract law, preliminary work has already been performed with the Principles of European Insurance Contract Law (PEICL), which should be integrated into a body of European contract law and should be revised and pursued further; points out, further, that these existing sets of rules illustrate the need for a clearly structured, uniform body of law which consumers can readily identify;
Amendment 69 #
2011/2013(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Takes the view that the regulatory focus of a European Contract Law should be the principles underpinning contracts: in the case of consumer contracts, the focus should be on the law governing sales and, where appropriate, service and works contracts and on insurance contract law, and the general provisions should contain rules on the definition of a contract, pre- contractual obligations, the procedures for concluding contracts, representation, grounds of nullity, the interpretation of contracts, the performance of contracts, rights and obligations, in particular warranty rights, under a contract, the right of withdrawal, termination, statutory limitation, etc.;
Amendment 195 #
2011/0438(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The Directive should not apply to the work of public office-holders, who are required by law to be independent and impartial. They should be selected in a way which cannot be based on the rules governing the award of public contracts.
Amendment 239 #
2011/0438(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of twofour years.
Amendment 332 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 388 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) EUR 2400 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
Amendment 395 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 421 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) arbitration and conciliation services and the work of public office-holders, who are required by law to be independent and impartial, particularly notaries;
Amendment 447 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Only Articles 40, 41 and 48 of this Directive shall apply to public services contracts relating to the following: (a) supporting and auxiliary transport services; (b) legal advice; (c) building-cleaning services; (d) land transport, including cash transport and courier services; (e) investigation and security services.
Amendment 460 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are activities governed by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 508 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 607 #
2011/0438(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Unless otherwise provided in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 621 #
2011/0438(COD)
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 24 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 657 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 4 – introductory part
Article 24 – paragraph 1 – subparagraph 4 – introductory part
They may also Member States shall provide that contracting authorities may use a competitive procedure with negotiation or a competitive dialogue in any of the following cases:
Amendment 675 #
2011/0438(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 5
Article 24 – paragraph 1 – subparagraph 5
Amendment 686 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 4021 days from the date on which the contract notice was sent. That period may be extended to 40 days in particular exceptional cases.
Amendment 691 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 694 #
2011/0438(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 699 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The minimum time limit for receipt of requests to participate shall be 3021 days from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent.
Amendment 704 #
2011/0438(COD)
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The minimum time limit for the receipt of tenders shall be 3521 days from the date on which the invitation to tender is sent.
Amendment 724 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
Article 27 – paragraph 1 – subparagraph 3
Amendment 803 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
i) the absence of competition for technical or legal reasons;
Amendment 888 #
2011/0438(COD)
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
Before launchinitiating a procurement procedure, contracting authorities may conduct market consultationsurveys in order to assess the structure, capability and capacity of the market andor to inform economic operators of their procurement plans and requirements.
Amendment 1024 #
2011/0438(COD)
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Contracting authorities shall offer unrestricted and full direct access free of charge by electronic means to the procurement documents from the date of publication of the notice in accordance with Article 49 or the date on which the invitation to confirm interest is sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which this documentation is accessible. Contracting authorities may make access subject to prior submission by an applicant of his name, address, other details or appropriate documents enabling the applicant’s identity to be clearly established.
Amendment 1095 #
2011/0438(COD)
Proposal for a directive
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2a. An extension may be granted for the submission of declarations and proof requested by the contracting authority which were not provided by the deadline for submitting tenders.
Amendment 1129 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
Amendment 1146 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Amendment 1200 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
Amendment 1267 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
(c) at least fivthree tenders have been submitted.
Amendment 1359 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2 a (new)
Article 72 – paragraph 3 – subparagraph 2 a (new)
Neither shall the first subparagraph apply in the event of a change of contracting authority before the end of the contract.
Amendment 246 #
2011/0437(COD)
Proposal for a directive
Recital 1
Recital 1
Amendment 250 #
2011/0437(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. The award of works concessions is presently subject to basic rules of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts while the award of services concessions with a cross-border interest is subject to the principles of the Treaty, and in particular the principle of free movement of goods, freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. There is a risk of legal uncertainty related to different interpretations of the principles of the Treaty by national legislators and of wide disparities among the legislations of different Member States. Such risk has been confirmed by the extensive case law of the Court of Justice of the European Union but which has only partially addressed certain aspects of the award of concession contracts. Hence, a uniform concretisation of the Treaty principles across all Member States and the elimination of discrepancies in their understanding following therefrom is necessary at the Union level in order to eliminate persisting distortions of the Internal Market.
Amendment 261 #
2011/0437(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 267 #
2011/0437(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In keeping with the European Parliament resolutions of 14 January 2004, 10 March 2004 and 31 May 2006, the water sector should not be liberalised but should be modernised. It should therefore be excluded from the scope of this Directive.
Amendment 270 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services.
Amendment 276 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land leasetenancy contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. The general conditions contained in both tenancy and land lease contracts are rules concerning the transfer of the rented property to the tenant, the use thereof (e.g. a description of the rented property, provisions on permissible uses of the rented property, provisions on the optimum use of the rented property such as performance indicators and environmental standards), the respective obligations of the landlord and the tenant with regard to the maintenance of the rented property, the duration of the lease and repossession by the landlord of the rented property, the rent and other costs borne by the tenant, including penalties.
Amendment 277 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. This also applies to agreements opening up general and non- discriminatory access to the market to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas. Town planning contracts are also not concessions.
Amendment 280 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. Simple approvals or the right to use public goods or a public domain are not services concessions.
Amendment 285 #
2011/0437(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Where sector specific regulation provides for a guarantee to the concessionaire on breaking even on investments and costs incurred for operating the contract, such contract should not qualify as a concession within the meaning of this Directive. A distinction should nevertheless be established with cases where the operating risk is limited from the outset. This does not prevent a concession from being accepted (see the case-law of the ECJ in case WAZV Gotha (C-206/08)).
Amendment 294 #
2011/0437(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 301 #
2011/0437(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The entities covered by the Directive should not be identified on the basis of their legal status. It should be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced. It is also necessary to ensure, in keeping with Article 345 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.
Amendment 315 #
2011/0437(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) On the other hand, service contracts in the fields of civil protection, emergency response and everyday hazard prevention should be excluded from the scope of the Directive. These fields include, in particular, emergency rescue work, which forms part of everyday hazard prevention and should be defined as separate from ambulance services. In order to ensure successful civil protection and emergency response as part of everyday hazard prevention in the interests of the general public, it should be sufficient to apply the principles of primary law.
Amendment 328 #
2011/0437(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 330 #
2011/0437(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 342 #
2011/0437(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States should bare given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this Directive do not prevent Member States to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of concessions, for example through the mere financing of such services or by granting licences or authorisations to or concluding agreements with all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity, without any limits or quotas, provided such system ensures sufficient advertising and complies with the principles of transparency and non- discrimination. .
Amendment 376 #
2011/0437(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 389 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Exclusively the conditions laid down in this Directive shall apply to the procedures followed by contracting authorities or contracting entities as referred to in Article 1(1) when concluding concessions. The provisions of the directive on public procurement and the directive on the procurement procedures of entities operating in the water, energy, transport and postal services sectors shall not apply to concessions referred to in paragraph 1, even in a corresponding form.
Amendment 390 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive shall not apply where a contracting authority performs its public interest tasks with its own resources or in cooperation with other contracting authorities.
Amendment 415 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) 'services concession' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment. Member State procedures based on the principle that all service providers capable of meeting the conditions established beforehand by law shall be authorised to provide the service are not services concessions, in so far as they comply with the general principles of equal treatment, transparency and non- discrimination.
Amendment 418 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) "services concession" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment; Member State procedures based on the principle that all service providers capable of meeting the conditions established beforehand by law, regardless of their legal form, shall be authorised to provide the service shall not be considered services concessions, in so far as they comply with the general principles of equal treatment, transparency and non- discrimination.
Amendment 419 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
(7b) "services concession" means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities or contracting entities and having as their object the provision of services other than those referred to in points 2 and 4 where the consideration for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment; approvals or the simple approval for the use of a public good or public domain are not services concessions within the meaning of this Directive.
Amendment 433 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 437 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the operating risk. The concessionaire shall be deemed to assume the operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession. This shall also apply where the operating risk is limited from the outset.
Amendment 443 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 510 000 000:
Amendment 446 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) concessions concluded by contracting entities for the pursuit of one of the activities referred to in Annex III and relating to a network or geographically restricted area with at least 100 000 connected customers, or with at least 100 000 inhabitants;
Amendment 458 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 460 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 465 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 471 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 475 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 477 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 484 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof,concerning networks infrastructure related to the activities set out in Annex III, if (a) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been graor (b) the services concession relates to an activity which, when this Directive entedrs in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructureto force, is the subject of a nationally regulated tariff laid down in law or regulation, or (c) the services concession is awarded to an economic operator on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published law, regulation or administrative provision, or in respect of services to which regulated to the activities set out in annex III, non- discriminatory access is available when this Directive enters into force.
Amendment 501 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point a
Article 8 – paragraph 5 – subparagraph 1 – point a
(a) the acquisition or rental, rental or leasing by the contracting authority or contracting entity, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon; however financial service concessions awarded at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive;
Amendment 512 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
Article 8 – paragraph 5 – subparagraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, central bank services and operatransactions conducted with the European Financial Stability Facility (EFSF) as well as operations to raise money or capital for the contracting authority;
Amendment 520 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, disaster prevention, emergency response and rescue and everyday hazard prevention services.
Amendment 525 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) drinking water production, distribution and supply services, sewage treatment and disposal services and the construction, maintenance and operation of the infrastructure used for those purposes.
Amendment 529 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) electricity, gas and heat supply services and the construction, maintenance and operation of the infrastructure used for those purposes.
Amendment 544 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) to service concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to services in generalthat are the subject of service concessions for the preceding three years derives from the provision of services to undertakings with which it is affiliated;
Amendment 546 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to works in generalthat are the subject of service concessions for the preceding three years derives from the provision of works to undertakings with which it is affiliated.
Amendment 547 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking with respect to works in general for the preceding three years derives from the provision of works to undertakings with which it is affiliated.
Amendment 564 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) such an authority or entity exercises over the legal person concerned a control which is similar to that which it exercises over its own departments; 100 % ownership by the contracting authority or entity is not a mandatory requirement for establishing control within the meaning of this paragraph.
Amendment 572 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 980% of the activities of that legal person that are the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity; activities carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity also include activities carried out for third parties where the service forms part of the contracting authority’s statutory remit;
Amendment 577 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) ) at least 80% of the average total turnover of the legal person that is the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity;
Amendment 578 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
Article 15 – paragraph 1 – subparagraph 1 – point c
Amendment 587 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 593 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority or contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 awards a concession to its controlling entityunit(s), or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public concession.
Amendment 603 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 exercise jointly over the legal person a control which is similar to that which it exercises over its own departments; 100 % ownership by the contracting authority or entity is not a mandatory requirement for establishing control within the meaning of this paragraph.
Amendment 612 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 9080 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity; activities carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity include activities carried out for third parties where the service forms part of the contracting authority’s statutory remit or is performed for other contracting authorities.
Amendment 616 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b a (new)
Article 15 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) at least 80 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 617 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
Article 15 – paragraph 3 – subparagraph 1 – point c
Amendment 625 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Amendment 628 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – point a
Article 15 – paragraph 3 – subparagraph 2 – point a
(a) the decision-making bodies of the controlled legal person are composed of representatives of allthe participating contracting authorities or contracting entities as referred to in paragraph 1 subparagraph 1 of Article 4;
Amendment 641 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between the participating contracting authorities or entities aimed at carrying out jointly their public service tasks and involving mutual rights and obligatis governed by considerations relating to the public interest; this principle shall also apply to ancillary services essential to the provisions of the partiservices in the public interest;
Amendment 642 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point a a (new)
Article 15 – paragraph 4 – point a a (new)
Amendment 644 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
Amendment 649 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point b a (new)
Article 15 – paragraph 4 – point b a (new)
(ba) the task is carried out solely by the public authorities concerned without the involvement of active private capital;
Amendment 652 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
Amendment 659 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
Amendment 662 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point e
Article 15 – paragraph 4 – point e
Amendment 670 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
Amendment 678 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Amendment 721 #
2011/0437(COD)
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Amendment 742 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point a
Article 26 – paragraph 5 – subparagraph 1 – point a
Amendment 744 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point b
Article 26 – paragraph 5 – subparagraph 1 – point b
Amendment 747 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c
Article 26 – paragraph 5 – subparagraph 1 – point c
Amendment 752 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Amendment 763 #
Amendment 765 #
2011/0437(COD)
Proposal for a directive
Article 29
Article 29
Amendment 766 #
2011/0437(COD)
Proposal for a directive
Article 30
Article 30
Amendment 787 #
2011/0437(COD)
Proposal for a directive
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 788 #
2011/0437(COD)
Proposal for a directive
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 789 #
2011/0437(COD)
Proposal for a directive
Article 35 – paragraph 8
Article 35 – paragraph 8
Amendment 805 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 815 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point a
Article 36 – paragraph 5 – subparagraph 1 – point a
Amendment 816 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point b
Article 36 – paragraph 5 – subparagraph 1 – point b
Amendment 817 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point c
Article 36 – paragraph 5 – subparagraph 1 – point c
Amendment 819 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point d
Article 36 – paragraph 5 – subparagraph 1 – point d
d) terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Framework Decision 2002/475/JHA respectively, or inciting, aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework Decision;eleted
Amendment 820 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1 – point e
Article 36 – paragraph 5 – subparagraph 1 – point e
Amendment 823 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 2
Article 36 – paragraph 5 – subparagraph 2
Amendment 862 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Concessions shall be awarded on the basis of objective criteria which ensure compliance with the principles of transparency, non-discrimination and, equal treatment and economic efficiency and which ensure that tenders are assessed in conditions of effective competition permitting to identify an overall economic advantage for the contracting authority or the contracting entity.
Amendment 865 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4
Article 39 – paragraph 4
Amendment 883 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 885 #
2011/0437(COD)
Proposal for a directive
Article 41
Article 41
Amendment 894 #
Amendment 928 #
Amendment 932 #
Amendment 938 #
2011/0437(COD)
Proposal for a directive
Article 49 – paragraph 1 – subparagraph 1
Article 49 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 20145 at the latest. Member States shall ensure that these provisions do not cover concessions awarded prior to that date. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 942 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraphs 2, 3 and 4
Annex 3 – paragraphs 2, 3 and 4
Amendment 954 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 6
Annex 3 – paragraph 1 – point 6
6. Activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilitiesgeneral infrastructure to carriers by air, sea or inland waterway.
Amendment 956 #
2011/0437(COD)
Proposal for a directive
Annex 4 – point 2
Annex 4 – point 2
Amendment 957 #
2011/0437(COD)
Proposal for a directive
Annex 4 – point 7
Annex 4 – point 7
Amendment 958 #
2011/0437(COD)
Proposal for a directive
Annex 4 – point 10 – point a
Annex 4 – point 10 – point a
Amendment 959 #
2011/0437(COD)
Proposal for a directive
Annex 4 – point 10 – point b
Annex 4 – point 10 – point b
Amendment 960 #
2011/0437(COD)
Proposal for a directive
Annex 4 – point 15
Annex 4 – point 15
Amendment 961 #
2011/0437(COD)
Proposal for a directive
Annex 4 – point 18
Annex 4 – point 18
Amendment 963 #
2011/0437(COD)
Proposal for a directive
Annex 4 – point 19
Annex 4 – point 19
Amendment 967 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 10
Annex 5 – point I – point 10
Amendment 971 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 11
Annex 5 – point I – point 11
Amendment 974 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 13
Annex 5 – point I – point 13
Amendment 976 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 17
Annex 5 – point I – point 17
Amendment 979 #
2011/0437(COD)
Proposal for a directive
Annex 6 – point 6
Annex 6 – point 6
Amendment 984 #
2011/0437(COD)
Proposal for a directive
Annex 9 – point 2
Annex 9 – point 2
Amendment 985 #
2011/0437(COD)
Proposal for a directive
Annex 9 – point 3
Annex 9 – point 3
Amendment 89 #
2011/0435(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Dual vocational training systems are a key element for low youth unemployment. Given that they are tailored to the requirements of the economy, they permit a smooth transition from training into working life. They should not just be strengthened in this Regulation, but also taken into consideration in other European legislation on reducing youth unemployment. These vocational training systems and their specific features should, moreover, remain unaffected by the rules of Directive 2005/36/EC.
Amendment 128 #
2011/0435(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The nursing and midwifery professions have significantly evolved in the last three decades: community-based healthcare, the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses and midwives. In order to prepare them to meet such complex healthcare needs, nursing and midwifery students need to have a solid general education background before they start the training. Therefore, admission to that training should be increased to twelve years of general education or success in an examination of an equivalent level; the decisive factor, however, is the quality and content of training, which must constantly be brought into line with the challenges facing these professions.
Amendment 215 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
la) ‘dual training’: the alternating provision of vocational skills in two learning contexts – the work environment and the vocational school – on the basis of coordinated educational and quality standards. The term ‘vocational skills’ is understood to mean the capacity and willingness to use knowledge, abilities and personal, social and methodological skills both in work situations and for the purpose of professional and personal development;
Amendment 475 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.:
Amendment 477 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph a (new)
Article 31 – paragraph 1 – subparagraph a (new)
a. completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, and giving access to a vocational school of nursing, or
Amendment 569 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point c
Article 49 a – paragraph 2 – point c
(c) the common set of knowledge, skills and competences combines the knowledge, skills and competences defined in the systems of education and training applicable in at least one third of all Member States; in that connection it shall be irrelevant whether the knowledge, skills and competences have been acquired as part of a general training course at a university or higher education institution or as part of a vocational training course;
Amendment 570 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point c
Article 49 a – paragraph 2 – point c
(c) the common set of knowledge, skills and competences combines the knowledge, skills and competences defined in the systems of education and training applicable in at least one third of all Member States; . If the profession in question is already regulated in a Member State by means of a dual training system within the meaning of Article 3(1)(la), the common training framework shall provide for training under a dual system whilst maintaining current standards;
Amendment 584 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 4
Article 49 a – paragraph 4
Amendment 586 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b
Article 49 b
Amendment 587 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – title
Article 49 b – title
Amendment 588 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 1
Article 49 b – paragraph 1
Amendment 589 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 2
Article 49 b – paragraph 2
Amendment 261 #
2011/0374(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Traders established within the Union engaging in the cross-border online sale of goods or provision of serviceonline sales or service contracts shall inform consumers about the ODR platform and about their e-mail address. This information shall be made easily, directly, prominently and permanently accessible on the traders' websites and, if the offer is made by e-mail or another textual message transmitted by electronic means, in that messageWhen the trader is obliged or commits to use ADR entities to resolve cross - border disputes with consumers he shall also inform the consumer about the existence of the ODR Platform. This information shall be mentioned in a clear and comprehensible manner. It shall include an electronic link to the ODR platform's homepage. TSuch traders shall also inform consumers about the ODR platform when the consumer submits a complaint to the trader, a consumer complaint handling system operated by the trader or to a company ombudsman.
Amendment 127 #
2011/0373(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In the event of a complaint arising from the sale of goods or provision of services, customers should always first contact the entrepreneur or service- provider concerned in order to discuss their complaint and seek, at the initial stage, to solve the problem bilaterally. In many cases, consumer problems can thus be solved in advance.
Amendment 130 #
2011/0373(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders which it has not previously proved possible to resolve bilaterally. However, alternative dispute resolution is not yet sufficiently developed across the European Union. In order for consumers to fully exploit its potential, it is necessary that alternative dispute resolution is available for all types of consumer disputes, quality levels of ADR procedures are even and consumers and traders are aware of such procedures. It is also necessary that ADR entities handle cross- border disputes effectively.
Amendment 137 #
2011/0373(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply to contractual disputes between consumers and traders that are arising from the sale of goods or provision of services in all economic sectors, with the exception of services of general economic interest (services of general interest). This should include complaints submitted by consumers against traders but also complaints submitted by traders against consumers. This Directive should not apply to disputes between traders; however, it should not prevent Member States from adopting or maintaining in force provisions on procedures for the out-of-court resolution of such disputes.
Amendment 152 #
2011/0373(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) This Directive should not apply to the sale of goods or provision of services which are provided as services of general economic interest (services of general interest) and thus constitute sovereign activities. This applies, for example, to water supply, waste water management and waste disposal services insofar as they are regulated by law as services of general interest in a Member State.
Amendment 159 #
2011/0373(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should be without prejudice to traders established in a Member State being covered by an ADR entity which is located in another Member State. Member States should encouragesupport the development of such entities. However, ADR entities should finance themselves, for example from donations, membership charges, relatively small fees for services rendered and associations of several entities and members. Financing by Member States should only be a last resort.
Amendment 160 #
2011/0373(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 162 #
2011/0373(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Confidentiality and privacy should always be guaranteed during the ADR procedure. Insofar as it is intended that exemplary final decisions should be published, the names of the parties and any references to them should be masked out unless both parties have expressly consented to their publication.
Amendment 165 #
2011/0373(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. TSuch pressure should automatically be assumed to exist not only if the natural person in charge of dispute resolution is partly cofinanced by one of the parties: there is a particular need to ensure the absence of such pressure where ADR entities are financed solely by one of the parties to the dispute or solely by an organisation of which one of the parties is a member.
Amendment 172 #
2011/0373(COD)
Proposal for a directive
Recital 19
Recital 19
(19) ADR procedures should be effective. They should provide for a simple and fast procedure whose duration generally does not exceed 90 days. Tcalendar days from the receipt of the complaint by the ADR entity until a solution is recommended by that entity. In the case of highly complex disputes, the ADR entityies should be able to extend this time period when the complexityin exceptional cases for the purpose of objective examination of certain aspects of the disputcase in question so demands.
Amendment 176 #
2011/0373(COD)
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedures. parties to use such procedures. At the end of the ADR procedure, the winning party should have the costs arising from the initiation of the procedure reimbursed by the losing party.
Amendment 196 #
2011/0373(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 197 #
2011/0373(COD)
Proposal for a directive
Recital 23
Recital 23
(23) This Directive does not prescribe that participation of traders in ADR procedures be mandatory or that the outcome of such procedures be binding on traders, when a consumer has lodged a complaint against them. However, this Directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or their outcome binding on traders, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union. If the outcome of an ADR procedure is binding on an undertaking under domestic law, a right to judicial review should be guaranteed.
Amendment 205 #
2011/0373(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
Amendment 214 #
2011/0373(COD)
Proposal for a directive
Recital 28
Recital 28
(28) It is necessary that Member States lay down penalties for infringements of the provisions of this Directive relating to consumer information by traders and information to be notified to competent authorities by ADR entities and ensure that they are enforced. The penalties should be effective, proportionate and dissuasive. They should be imposed only after an initial warning has been issued without success.
Amendment 218 #
2011/0373(COD)
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that, in the event of disputes between, consumers and traders can be submittedapply on a voluntary basis to entities offering impartial, independent, transparent, rapid, effective and fair alternative dispute resolution procedures.
Amendment 223 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to procedures for the out-of-court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the Union to a consumer resident in the Union through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution, hereinafter ‘ADR procedures’.
Amendment 229 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the traderone of the parties and which do not fulfil the criteria of Chapter II of this Directive;
Amendment 233 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) the sale of goods or provision of services which are provided as services of general economic interest (services of general interest).
Amendment 245 #
2011/0373(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) "contractual dispute" means a dispute arising from the sale of goods or provision of services which it has not proved possible to resolve bilaterally between the customer and the trader and/or service provider.
Amendment 257 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) have a website enabling the parties to submit a complaintn application for ADR online;
Amendment 264 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. An ADR entity cannot refuse to process a dispute without giving the parties an appropriate justification for its refusal, which it must do within 14 calendar days of receiving the application for ADR.
Amendment 268 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States may fulfil their obligation under paragraph 1 by ensuring the existence of a residual ADR entity which is competent to deal with disputes as referred to in paragraph 1 for the resolution of which no existing ADR entity is competent. Member States may also fulfil this obligation by using sectorial ADR entities established in another Member State.
Amendment 302 #
2011/0373(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) with due regard for data protection, ‘exemplary decisions’ based on the outcomes of important disputes;
Amendment 307 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the ADR procedure is easilyalways accessible to both parties irrespective of where the party is situatedonline and easily accessible offline to both parties;
Amendment 308 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the ADR procedure is free of charge or at moderate costs for consumers. At the end of the ADR procedure, the losing party shall reimburse the winning party for the costs arising from the initiation of the procedure;
Amendment 314 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the dispute is resolved within 90 calendar days from the date on which the ADR entity has received the complaint to the date on which the ADR entity recommends a solution. In the case of highly complex disputes, the ADR entity may, in exceptional cases, extend this time period at its own discretion.
Amendment 320 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) The Member States are not responsible for the financing of the ADR entities.
Amendment 328 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that in ADR procedures which aim at resolving the dispute by suggesting a solution
Amendment 330 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – introductory part
Article 9 – paragraph 2 – point a – introductory part
(a) the consumer, before agimmediately after receing to a suggested solution,pt of the application for ADR, the consumer is informed that:
Amendment 335 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – point i
Article 9 – paragraph 2 – point a – point i
(i) heboth parties hasve the choice as to whether or not to agree to a suggested solution;
Amendment 338 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – point ii
Article 9 – paragraph 2 – point a – point ii
(ii) the suggested solution may be more or less favourable than an outcome determined by a court applying legal rules;
Amendment 342 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – point iii
Article 9 – paragraph 2 – point a – point iii
(iii) before agreeing or rejecting the suggested solution he has the right to seek independent advice at any time, particularly with regard to the recommended solution;
Amendment 343 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – point iii a (new)
Article 9 – paragraph 2 – point a – point iii a (new)
(iii a) before agreeing to a suggested solution, the parties are informed of the legal effect of such agreement;
Amendment 344 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a – point iii b (new)
Article 9 – paragraph 2 – point a – point iii b (new)
(iii b) the applicant has the option at any time of withdrawing his application for ADR and thus declaring the procedure terminated.
Amendment 345 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) twhe parties, before agreeing to a suggested solution, are informn the recommended solution is communicated tof the legal effect of suchparties, they agreement;:
Amendment 346 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b – point i (new)
Article 9 – paragraph 2 – point b – point i (new)
(i) again reminded of the binding legal effect of agreement to a recommended solution;
Amendment 347 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b – point ii (new)
Article 9 – paragraph 2 – point b – point ii (new)
(ii) informed of the 14 calendar day time limit for agreement which runs from the date of delivery of the recommended solution;
Amendment 348 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b – point iii (new)
Article 9 – paragraph 2 – point b – point iii (new)
(iii) informed that, if they do not agree to the recommended solution in writing within 14 calendar days of delivery, this will be deemed to constitute rejection of it, while the time limit will be considered to have been respected if the document indicating agreement is posted within the 14 calendar days.
Amendment 350 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 366 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The information referred to in paragraph 1 shall be mentioned in an easily, directly, prominently and permanently accessible way on the trader's website, where one exists, in the general terms and conditions of contracts for the sale of goods or provision of services between the trader and a consumer and in invoices and receipts relating to such contractsmust be easily accessible and comprehensible. It shall specify how further information on the ADR entity concerned and on the conditions for using it can be accessed.
Amendment 371 #
2011/0373(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The provisions in this Article shall be without prejudice to the provisions in Articles 6, 7 and 8 of Directive 2011/83/EU concerning consumer information for distance and off-premises contracts and corresponding provisions of Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) and Directive 2002/65/EC concerning the distance marketing of consumer financial services.
Amendment 381 #
2011/0373(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. This cooperation shall include mutual exchange of information on business practices by traders about whichom consumers have repeatedly lodged complaints. It shall also include the provision of technical assessment and information by such national authorities to ADR entities where such assessment or information is necessary for the handling of individual disputes and is already available.
Amendment 387 #
2011/0373(COD)
Proposal for a directive
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
Amendment 388 #
2011/0373(COD)
Proposal for a directive
Article 16 – paragraph 2 – point g
Article 16 – paragraph 2 – point g
Amendment 389 #
2011/0373(COD)
Proposal for a directive
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
Amendment 395 #
2011/0373(COD)
Proposal for a directive
Article 17 – paragraph 5 – introductory part
Article 17 – paragraph 5 – introductory part
5. Every twohree years, each competent authority shall publish a report on the development and functioning of ADR entities. The report shall in particular:
Amendment 396 #
2011/0373(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to Article 10 and Article 16(1) and (2) of this Directive in the event of a required initial warning being issued but without success, and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 400 #
2011/0373(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
No later than [Office of Publications insert date: fiveour years after the entry into force], and every threfive years thereafter, the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive. Theis report shall consider the development and the use of ADR entities and the impact of this Directive on consumers and traders. The report shall be accompanied, where appropriate, by proposals for amendment of this Directive.
Amendment 31 #
2011/0351(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘electromagnetic disturbance’ means any electromagnetic phenomenon which may degrade the performance of equipment, including,. Electromagnetic disturbance can be electromagnetic noise, an unwanted signal or a change in the propagation medium itself;
Amendment 99 #
2011/0340(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 6
Article 4 – paragraph 1 – point b – point 6
(6) enhancing the transparency of consumerthe internal markets and consumer information; , including through access to reliable information allowing consumers to compare not only prices, but also quality and sustainability of goods and services;
Amendment 100 #
2011/0340(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 7
Article 4 – paragraph 1 – point b – point 7
(7) enhancmpower consumers to make free and informed choices by raising consumer educationawareness;
Amendment 102 #
2011/0340(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 7 a (new)
Article 4 – paragraph 1 – point b – point 7 a (new)
(7a) ensure that vulnerable consumers also have access to information on goods and services, in order to have equal opportunities to make free and informed choices;
Amendment 119 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 6 – point c
Annex I – point 6 – point c
(c) actions increasing consumers' access to relevant information on products and marketsgoods and services in the internal market, enabling consumers to compare not only prices but also quality, both online and offline, including cross-border;
Amendment 121 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 6 – point h
Annex I – point 6 – point h
(h) support for communication on consumer issues, including through support to the media to drive consumer empowerment and enforcement.by encouraging the media to take responsibility in providing correct information, raising awareness and empowering consumers;
Amendment 122 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 6 – point h a (new)
Annex I – point 6 – point h a (new)
(ha) paying particular attention to information to minors, ensuring responsible advertising by refraining from aggressive or misleading TV and online advertising;
Amendment 123 #
2011/0340(COD)
Proposal for a regulation
Annex I – point 6 – point h b (new)
Annex I – point 6 – point h b (new)
(hb) paying particular attention to vulnerable consumers that have difficulties in accessing and comprehending consumer information, in order to ensure that they are not misled;
Amendment 196 #
2011/0288(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the obligations of the paying agencies as regards public intervention, as well as on the content of their management and control responsibilities.
Amendment 197 #
2011/0288(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(cb) the functioning of the coordinating body and the notification of information to the Commission as referred to in Article 7(4).
Amendment 198 #
2011/0288(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 210 #
2011/0288(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall, by means of implemente empowered to adopt delegated acts ing acts,cordance with Article 111 laying down rules concerning the status of the certification bodies, and the specific tasks, including the checks, which they have to carry out as well as the certificates and the reports, together with the documents accompanying them, to be drawn up by those bodies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).
Amendment 212 #
2011/0288(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(2a) The Commission shall, by means of implementing acts, lay down rules concerning the certificates and reports to be drawn up by the certification bodies, together with the documents accompanying them. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).
Amendment 282 #
2011/0288(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. In the event that the Union legislation provides for sums to be reduced from the amount referred to in paragraph 1, the Commission shall be empowered, by means of implementdelegated acts ing acts,cordance with Article 111, to set the net balance available for EAGF expenditure on the basis of the data referred to in that legislation.
Amendment 296 #
2011/0288(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. At any time, if the Commission considers that there is a risk of the amount referred to in Article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that amount. These measures shall be adopted by the Council on the basis of Article 43(3) of the Treaty or by the European Parliament and the Council on the basis of Article 43(2) of the Treaty.
Amendment 357 #
2011/0288(COD)
Proposal for a regulation
Article 48 – paragraph 7 – subparagraph 1 – point a
Article 48 – paragraph 7 – subparagraph 1 – point a
Amendment 358 #
2011/0288(COD)
Proposal for a regulation
Article 48 – paragraph 7 – subparagraph 1 – point b
Article 48 – paragraph 7 – subparagraph 1 – point b
Amendment 361 #
2011/0288(COD)
Proposal for a regulation
Article 48 – paragraph 7 a (new)
Article 48 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 111 to specify: (a) rules on the financing and accounting of intervention measures in the form of public storage, and other expenditure financed by the EAGF and the EAFRD; (b) the terms and conditions governing the implementation of the automatic decommitment procedure.
Amendment 368 #
2011/0288(COD)
Proposal for a regulation
Article 52 – paragraph 1 – introductory part
Article 52 – paragraph 1 – introductory part
The Commission may, by means of implementshall be empowered to adopt delegated acts ing acts,cordance with Article 111 laying down rules regarding:
Amendment 370 #
2011/0288(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 418 #
2011/0288(COD)
Proposal for a regulation
Article 60 – paragraph 4 – subparagraph 1
Article 60 – paragraph 4 – subparagraph 1
The Commission may, by means of implementing acts, adopt rulesshall be empowered to adopt delegated acts in accordance with Article 111 aiming at reaching a uniform application of paragraphs 1 and 2 of this Article.
Amendment 419 #
2011/0288(COD)
Proposal for a regulation
Article 60 – paragraph 4 – subparagraph 2
Article 60 – paragraph 4 – subparagraph 2
Amendment 431 #
2011/0288(COD)
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 – introductory part
Article 64 – paragraph 2 – subparagraph 1 – introductory part
Amendment 450 #
2011/0288(COD)
Proposal for a regulation
Article 66 – paragraph 1 — subparagraph 1 – point i a (new)
Article 66 – paragraph 1 — subparagraph 1 – point i a (new)
(ia) the procedures and technical criteria related to the measures and penalties referred to in paragraph 1 where non- compliance with any of the obligations resulting from the application of the relevant legislation is found;
Amendment 451 #
2011/0288(COD)
Proposal for a regulation
Article 66 – paragraph 2 – subparagraph 1 – point a
Article 66 – paragraph 2 – subparagraph 1 – point a
Amendment 519 #
2011/0288(COD)
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1 — point d a (new)
Article 77 – paragraph 2 – subparagraph 1 — point d a (new)
(da) rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim;
Amendment 525 #
2011/0288(COD)
Proposal for a regulation
Article 78 – paragraph 1 – point e
Article 78 – paragraph 1 – point e
Amendment 529 #
2011/0288(COD)
Proposal for a regulation
Article 88 – paragraph 1 — subparagraph 1 a (new)
Article 88 – paragraph 1 — subparagraph 1 a (new)
The Commission is also empowered to adopt delegated acts in accordance with Article 111 on rules for the performance of the scrutiny referred to in Article 80 as regards the selection of undertakings, rate and calendar of scrutiny;
Amendment 531 #
2011/0288(COD)
Proposal for a regulation
Article 88 – paragraph 2 – subparagraph 1 – point a
Article 88 – paragraph 2 – subparagraph 1 – point a
Amendment 533 #
2011/0288(COD)
Proposal for a regulation
Article 90 – paragraph 3 a (new)
Article 90 – paragraph 3 a (new)
Amendment 534 #
2011/0288(COD)
Proposal for a regulation
Article 90 – paragraph 4 – subparagraph 1 – point c
Article 90 – paragraph 4 – subparagraph 1 – point c
Amendment 535 #
2011/0288(COD)
Proposal for a regulation
Article 90 – paragraph 4 – subparagraph 1 – point d
Article 90 – paragraph 4 – subparagraph 1 – point d
Amendment 599 #
2011/0288(COD)
Proposal for a regulation
Article 93 – paragraph 8
Article 93 – paragraph 8
Furthermore, the Commission shall, by means of implemente empowered to adopt delegated acts ing acts,cordance with Article 111 in order to adopt the methods for the determination of the ratio of permanent grassland and agricultural land that has to be maintained. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).
Amendment 612 #
2011/0288(COD)
Proposal for a regulation
Article 96 – paragraph 4 – subparagraph 1
Article 96 – paragraph 4 – subparagraph 1
The Commission shall, by means of implemente empowered to adopt delegated acts ing acts, adoptcordance with Article 111 in order to lay down rules on the carrying out of checks in order to verify compliance with the obligations referred to in this Title.
Amendment 613 #
2011/0288(COD)
Proposal for a regulation
Article 96 – paragraph 4 – subparagraph 2
Article 96 – paragraph 4 – subparagraph 2
Amendment 655 #
2011/0288(COD)
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1
Amendment 663 #
2011/0288(COD)
Proposal for a regulation
Article 110 – paragraph 2 – subparagraph 2
Article 110 – paragraph 2 – subparagraph 2
The Commission shall define, by means of implementbe empowered to adopt delegated acts ing acts,cordance with Article 111 in order to define the set of indicators specific to the objectives referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).
Amendment 680 #
2011/0288(COD)
Proposal for a regulation
Article 111 – paragraph 2
Article 111 – paragraph 2
(2) The delegation of power referred to in this Regulation shall be conferred on the Commission for an indeterminate period of timefive years from the entry into force of this Regulation.
Amendment 681 #
2011/0288(COD)
Proposal for a regulation
Article 111 – paragraph 2 — subparagraph 1a (new)
Article 111 – paragraph 2 — subparagraph 1a (new)
The Commission shall, not later than nine months before the expiry of a period of five years, submit a report on the delegated powers. The delegation of power shall be extended by the same period if the European Parliament and the Council agree to this extension not later than three months before the end of each period. To this end, the European Parliament shall decide by a majority of its members and the Council by a qualified majority.
Amendment 683 #
2011/0288(COD)
Proposal for a regulation
Article 111 – paragraph 2 — subparagraph 1a (new)
Article 111 – paragraph 2 — subparagraph 1a (new)
The Commission shall, not later than nine months before the expiry of a period of five years, submit a report on the delegated powers. The delegation of power shall be extended tacitly for the same period, unless the European Parliament or the Council revokes the extension not later than three months before the expiry of the period in question.
Amendment 803 #
2011/0288(COD)
Proposal for a regulation
Article 110 a
Article 110 a
Amendment 811 #
2011/0288(COD)
Amendment 813 #
2011/0288(COD)
Proposal for a regulation
Article 110 c
Article 110 c
Amendment 27 #
2011/0284(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules. In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection, in particular, with a view to enhancing consumer confidence in the Common European Sales Law and thus, in so doing, provide consumers with an incentive to enter into cross-border contracts on that basis. The rules should maintain or improve the level of protection that consumers enjoy under Union consumer law.
Amendment 38 #
2011/0284(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is supplied with a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contracting parties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by the respective national law which is applicable according pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. Where a consumer exercises the right of withdrawal from a contract to which the Common European Sales Law applies, ancillary contracts under Article 46(1), first sentence, should also be terminated, regardless of whether or not the Common European Sales Law applies to them.
Amendment 63 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point h a (new)
Article 2 – point h a (new)
(ha) ‘main characteristics’ of goods, digital content or related services means those characteristics which are essential for proper functioning in conformity with the contract, which the customer evidently regarded as particularly important when the contract was concluded, and which led to conclusion of the contract;
Amendment 64 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point j – introductory part
Article 2 – point j – introductory part
Amendment 68 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point k
Article 2 – point k
(k) ‘sales contract’ means any contract under which the trader ('the seller') transfers or undertakes to transfer the ownership of the goods to another person ('the buyer'), and the buyer pays or undertakes to pay the price thereof; it includes a contract for the supply of goods to be manufactured or produced and excludes contracts for sale on execution or otherwise involving the exercise of public authority; for the purposes of this Regulation, a contract providing digital content shall be considered a sales contract;
Amendment 69 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point m – introductory part
Article 2 – point m – introductory part
(m) ‘related service’ means any service related to goods or digital content, such as installation, maintenance, repair or any other processing, provided by the seller of the goods or the supplier of the digital content under the sales contract, the contract for the supply of digital content or a separate related service contract which was concluded at the same time as, or in connection with, the sales contract or the contract for the supply of digital content; it excludes:
Amendment 71 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point n
Article 2 – point n
Amendment 73 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point o
Article 2 – point o
Amendment 75 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point p
Article 2 – point p
(p) ‘distance contract’ means any contract concluded between the trader and the consumer under an organised distance sales scheme concludedor service-provision scheme without the simultaneous physical presence of the trader or, in case the trader is a legal person, a natural person representing the trader, and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Amendment 76 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point p a (new)
Article 2 – point p a (new)
(pa) ‘means of distance communication’ means any means which, without the simultaneous physical presence of the supplier and the consumer, may be used for the conclusion of a contract between those parties, e.g. e-mail, fax, telephone, letter and catalogue;
Amendment 79 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point q – point i – introductory part
Article 2 – point q – point i – introductory part
Amendment 80 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point q – point i a (new)
Article 2 – point q – point i a (new)
(ia) concluded on the basis of an offer made by the consumer in the circumstances referred to in point (i); or
Amendment 83 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point q – point iii
Article 2 – point q – point iii
(iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer and concluding the corresponding contracts with the consumer;
Amendment 85 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point r a (new)
Article 2 – point r a (new)
(ra) ‘ancillary contract’ means a contract by which a consumer acquires goods, digital content or related services in connection with a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader;
Amendment 86 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point r – point i
Article 2 – point r – point i
(i) any immovable retail premises where a trader carries out activity on a permanent basis, orDoes not affect English version.)
Amendment 87 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point r – point ii
Article 2 – point r – point ii
(ii) any movable retail premises where a trader carries out activity on a usual basis;Does not affect English version.)
Amendment 88 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point u
Article 2 – point u
(u) ‘public auction’ means a method of sale where goods or, digital content, or services are offered by the trader to the consumers, who attends or isare given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or, digital content, or services;
Amendment 92 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point y a (new)
Article 2 – point y a (new)
(ya) ‘excused action or omission’ means an action or omission objectively not attributable to the person acting or omitting to act.
Amendment 96 #
2011/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) contracts for the supply of digital content whether or not supplied on a tangible medium which can be stored, processed or accessed, and re-used by the usbuyer, irrespective of whether the digital content is supplied in exchange for the payment of a price.
Amendment 98 #
2011/0284(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit for a consideration in the form of a deferred payment, loan or other similar financial accommodation. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.
Amendment 100 #
2011/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader. Where all the parties to a contract are traders, the Common European Sales Law may be used if at least one of those parties is a small or medium- sized enterprise (‘SME’).
Amendment 102 #
2011/0284(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be determined on the basis of paragraphs 2 and 3 of this Article and Article 9, as well as the relevant provisions inpresupposes communication of information in accordance with Article 9 of the Common European Sales Law.
Amendment 103 #
2011/0284(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Once entered into, an agreement on the use of the Common European Sales Law cannot be waived, unless both parties expressly consent to this.
Amendment 107 #
2011/0284(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 121 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 13 – paragraph 1 – introductory part
Annex I – Article 13 – paragraph 1 – introductory part
1. ABefore the contract is concluded or the consumer is bound by any offer, a trader concluding a distance contract or off- premises contract has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer:
Amendment 122 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 13 – paragraph 1– point f
Annex I – Article 13 – paragraph 1– point f
(f) where applicable, the existence and the conditions of the trader’s after-sale services, commercial guarantees and complaints handling policy;
Amendment 123 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 13 – paragraph 1 – point h
Annex I – Article 13 – paragraph 1 – point h
(h) where applicable, the functionality (if any), including applicable technical protection measures, of digital content; and
Amendment 124 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 13 – paragraph 1 – point i
Annex I – Article 13 – paragraph 1 – point i
(i) where applicable, any relevantany interoperability of digital content with hardware and software which the trader is aware of or can be expected to have been aware of.
Amendment 125 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 13 – paragraph 2
Annex I – Article 13 – paragraph 2
2. The information provided, except for the addresses required by point (c) of paragraph 1Where a contract is concluded, the information provided in accordance with Article 13(1), except for point (c), forms an integral part of the contract and shall not be altered unless the parties expressly agree otherwise.
Amendment 126 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 13 – paragraph 5 – point c
Annex I – Article 13 – paragraph 5 – point c
(c) an off-premises contract if the price or, where multiple contracts were concluded at the same time, the total price of the contracts does not exceed EUR 520 or the equivalent sum in the currency agreed for the contract price.
Amendment 127 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 17 – paragraph 2
Annex I – Article 17 – paragraph 2
2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawal even if the goods by their nature cannot be normally returned by post.
Amendment 128 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 23 – paragraph 1
Annex I – Article 23 – paragraph 1
1. Before the conclusion of a contract for the sale of goods, supply ofr digital content or provision of related services by a trader to another trader, the supplieller has a duty to disclose by any appropriate means to the other trader any information concerning the main characteristics of the goods, digital content or related services to be supplied which the supplieller has or can be expected to have and which it would be contrary to good faith and fair dealing not to disclose to the other party.
Amendment 129 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 23 – paragraph 2 – introductory part
Annex I – Article 23 – paragraph 2 – introductory part
2. In determining whether paragraph 1 requires the supplieller to disclose any information, regard is to be had to all the circumstances, including:
Amendment 130 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 23 – paragraph 2 – point a
Annex I – Article 23 – paragraph 2 – point a
(a) whether the supplieller had special expertise;
Amendment 131 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 23 – paragraph 2 – point b
Annex I – Article 23 – paragraph 2 – point b
(b) the cost to the supplieller of acquiring the relevant information;
Amendment 132 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 24 – paragraph 3 – point d
Annex I – Article 24 – paragraph 3 – point d
(d) the languages offered for the conclusion of the contract and any subsequent communication;
Amendment 133 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 24 – paragraph 3 – point e
Annex I – Article 24 – paragraph 3 – point e
(e) the contract terms, as referred to in Article 16.
Amendment 134 #
2011/0284(COD)
Proposal for a regulation
Annex I –Article 28 – paragraph 2
Annex I –Article 28 – paragraph 2
2. A party to whom incorrect or misleading information has been supplied in an unexcused breach of the duty referred to in paragraph 1, and who reasonably relies on that information in concluding a contract with the party who supplied it, has the remedies set out in Article 29, subject to the additional conditions referred to therein.
Amendment 135 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 29 – paragraph 1
Annex I – Article 29 – paragraph 1
1. A party which has, without an excuse, failed to comply with any duty imposed by this Chapter is liable for anythe loss caused to the other party by such failure, in accordance with Chapter 16, Section 1. The burden of proof regarding the loss shall rest with the other party.
Amendment 136 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 40 – paragraph 1 – point b
Annex I – Article 40 – paragraph 1 – point b
(b) an off-premises contract, provided that the price or, where multiple contracts were concluded at the same time, the total price of the contracts exceeds EUR 520 or the equivalent sum in the currency agreed for the contract price at the time of the conclusion of the contract.
Amendment 137 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 40 – paragraph 3 – point e a (new)
Annex I – Article 40 – paragraph 3 – point e a (new)
(ea) where contracts are established, in accordance with the laws of Member States, by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that a consumer concludes a contract only on the basis of careful legal consideration and with knowledge of its legal scope;
Amendment 138 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 41 – paragraph 3
Annex I – Article 41 – paragraph 3
3. Where the trader gives the consumer the option to withdraw electronically on its trading website, and the consumer does so, the trader has a duty to communicate to the consumer an acknowledgement of receipt of such a withdrawal on a durable medium without delay. TIf the trader is liable for any loss caused to the other party by a breach of this dutybreaches this duty, it is liable for the resulting loss to the other party, in accordance with Chapter 16, Section 1.
Amendment 139 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 42 – paragraph 1 – point a
Annex I – Article 42 – paragraph 1 – point a
(a) the day on which the consumer or a third party designated by the consumer has taken delivery of the goods in the case of a sales contract, including a sales contract under which the seller also agrees to provide related services;
Amendment 140 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 43 – paragraph 1 a (new)
Annex I – Article 43 – paragraph 1 a (new)
1a. Chapter 17 shall apply.
Amendment 141 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 45 – paragraph 2
Annex 1 – Article 45 – paragraph 2
2. The consumer must bear the direct costs of returning the goods, unless the trader has agreed to bear those costs or the trader failed to inform the consumer before the contract was concluded that the consumer has to bear them in the event of withdrawal.
Amendment 142 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 45 – paragraph 3
Annex I – Article 45 – paragraph 3
3. The consumer is liable, in accordance with Article 173, for any diminished value of the goods only where thatin the event of their deterioration or destruction or if he has already sold, altered, or consumed them. He is not liable, however, where diminished value results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods. The consumer is not liable for diminished value where the trader has not provided all the information about the right to withdraw in accordance with Article 17(1).
Amendment 143 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 45 – paragraph 5
Annex I – Article 45 – paragraph 5
5. Where the consumer exercises the right of withdrawal after having made an express request for the provision of related services to begin during the withdrawal period, the consumer must pay to the trader an amount which is in proportion to what has been provided before the consumer exercised the right of withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by the consumer to the trader must be calculated on the basis of the total price agreed in the contract. Where the total price is excessive, the proportionate amount must be calculated on the basis of the market value of what has been provided.
Amendment 144 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 46 – paragraph 1
Annex I – Article 46 – paragraph 1
1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3. For the purpose of this Article an ancillary contract means a contract by which a consumer acquires goods, digital content or related services in connexion to a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 146 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 64 – paragraph 2 a (new)
Annex 1 – Article 64 – paragraph 2 a (new)
2a. Where there is doubt, the interpretation in favour of consumers under Article 64(1) shall prevail over the general interpretation under Articles 58, 59, 60 and 61, through which the contents of the contract are identified, and the interpretation based on effect under Article 63.
Amendment 147 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 67 – paragraph 2
Annex 1 – Article 67 – paragraph 2
Amendment 148 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 68 – introductory part
Annex 1 – Article 68 – introductory part
1. Where it is necessary to provide for a matter which is not explicitly regulated by the agreement of the parties, any usage orand practice within the meaning of Article 67 or any rule of the Common European Sales Law, an additional supplementary contract term may be implied, having regard in particular to. Particular account shall be taken of:
Amendment 149 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 69 – paragraph 1– introductory part
Annex 1 – Article 69 – paragraph 1– introductory part
1. Where the trader publicly makes a statement before the contract is concluded, either to the other party or publicly, about the characteristics of what is to be supplied by that trader under the contract, the statement is incorporated as a term of the contract unless:
Amendment 150 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 69 – paragraph 3
Annex 1 – Article 69 – paragraph 3
3. Where the other party is a consumer then, for the purposes of paragraph 1, a public statement made by or on behalf of a producer or other person within the meaning of paragraph 2 in earlier links of the chain of transactions leading to the contract is regarded as being made by the trader unless the trader, at the time of conclusion of the contract, did not know and could not be expected to have known of it.
Amendment 151 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 70 – paragraph 2
Annex 1 – Article 70 – paragraph 2
Amendment 152 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 70 – paragraph 2 a (new)
Annex 1 – Article 70 – paragraph 2 a (new)
2a. A party shall be considered to have taken the reasonable steps referred to in paragraph 1 if, when the contract was concluded, it has: (a) referred the other party to them explicitly or, where explicit reference, due to the way in which the contract is concluded, is possible only with disproportionate difficulty, by posting a clearly visible notice at the place where the contract is concluded, and (b) given the other party the opportunity to take note of their contents in an acceptable manner, and if the other party explicitly agrees to their application.
Amendment 153 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 71 – paragraph 1
Annex 1 – Article 71 – paragraph 1
1. In a contract between a trader and a consumer, a contract term which obliges the consumer to make any payment in addition to the remuneration stated for the trader’s main contractual obligation, in particular where it has been incorporated by the use of default option does not form part of the contract. This also applies whichere the consumer is required to reject in order to avoid the additional payment, is not binding on the consumer unless, before the consumer is bound by the contract, the consumer has expressly consented to the additional payment. If the consumer has made the additional payment, the consumer may recover ittrader is obliged to make an additional performance that is to be remunerated in this way. If, before the consumer is bound by the contract, the consumer has expressly consented to the inclusion of this contract term, the consumer is obliged to make the additional payment. The fact that the consumer has not expressly rejected the contract term is not taken to mean consent. If the consumer has made the additional payment, the consumer may recover it. The seller shall take back the item delivered pursuant to the contract term at the seller's expense. The right to receive payment for any use made is excluded.
Amendment 154 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 76
Annex 1 – Article 76
1. Where the language to be used for communications relating to the contract or the rights or obligations arising from it cannot be otherwise determined, the language to be used is that used for the conclusion of the contract. 2. Where the parties used two different languages for the conclusion of the contract, preference shall be given to the main language used. The only exception will be where one of the parties is a consumer. In this case, preference will be given to the language of the consumer.
Amendment 155 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 77 – paragraph 1
Annex 1 – Article 77 – paragraph 1
1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated by either party by giving a reasonable period of noat any ticme not exceedby giving two months' notice.
Amendment 157 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 88 – paragraph 1
Annex 1 – Article 88 – paragraph 1
1. A party’s non-performance of an obligation is excused if it is due to an impediment beyond that party’s control and if that party could not be expected to have taken the impediment into account at the time of the conclusion of the contract, or to have avoided or overcome the impediment or its consequencescannot objectively be attributed to the party.
Amendment 159 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 91 – introductory part
Annex 1 – Article 91 – introductory part
The seller of goods or the supplier of digital content (in this part referred to as 'the seller') must:
Amendment 161 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 92 – paragraph 3
Annex 1 – Article 92 – paragraph 3
3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph (2)2 or derogate from or vary its effects unless the consumer expressly consents to this.
Amendment 163 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 93 – paragraph 1 – point a
Annex 1 – Article 93 – paragraph 1 – point a
(a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off-premises contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract or the place indicated by the consumer;
Amendment 164 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 93 – paragraph 1 – point b – point i
Annex 1 – Article 93 – paragraph 1 – point b – point i
i) where the contract of sale involves carriage of the goods by a carrier or series of carriers, the nearest collection point ofplace where the goods are handed over to the first carrier;
Amendment 166 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 94 – paragraph 1 – point b
Annex 1 – Article 94 – paragraph 1 – point b
(b) in other cases in which the contract involves carriage of the goods by a carrier or a series of carriers, by handing over the goods to the first carrier for transmission to the buyer and by handing over to the buyer any document necessary to enable the buyer to take over the goods from the carrier holding the goods; or
Amendment 168 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 95 – paragraph 2
Annex 1 – Article 95 – paragraph 2
2. In contracts between a trader and a consumer, unless agreed otherwise by the parties, the trader must deliver the goods or the digital content without delay, and at all events not later than 30 days from the conclusion of the contract.
Amendment 171 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 97 – paragraph 1 a (new)
Annex 1 – Article 97 – paragraph 1 a (new)
1a. Articles 93 to 97 shall apply mutatis mutandis to repayment of the performance made after avoidance and termination of the contract.
Amendment 175 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 99 – paragraph 3
Annex 1 – Article 99 – paragraph 3
Amendment 178 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 99 – paragraph 4
Annex 1 – Article 99 – paragraph 4
Amendment 179 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 100 – introductory part
Annex 1 – Article 100 – introductory part
Amendment 180 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 100 – point c
Annex 1 – Article 100 – point c
c) possess the qualities of goods or digital content which the seller held out to the buyer as a sample or model;
Amendment 181 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 100 – point e
Annex 1 – Article 100 – point e
e) be supplied along with such accessories, installation instructions orand other instructions as the buyer may expect to receive;
Amendment 182 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 100 – point f
Annex 1 – Article 100 – point f
f) possess the qualities and performance capabilities indicated in any pre- contractual statement which forms part of the contract terms by virtue of Article 69; and
Amendment 184 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 100 – point g
Annex 1 – Article 100 – point g
g) possess such qualities and performance capabilities as the buyer may reasonably expect. When determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price.
Amendment 188 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 102 – paragraph 1
Annex 1 – Article 102 – paragraph 1
1. The goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party.
Amendment 191 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 104 – title
Annex 1 – Article 104 – title
Buyer’s knowledge of lack of conformity in a contract between tradersof the goods or digital content
Amendment 192 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 104
Annex 1 – Article 104
Amendment 195 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 105 – paragraph 3
Annex 1 – Article 105 – paragraph 3
3. In a case governed by point (a) of Article 101(1) any reference in paragraphs 1 or 2 of this Article to the time when risk passes to the buyer is to be read as a reference to the time when the installation is complete. In a case governed by point (b) of Article 101(1) it is to be read as a reference to the time when the consumer had or could have had reasonable time for the installation.
Amendment 208 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 106 – paragraph 3 – point a
Annex 1 – Article 106 – paragraph 3 – point a
(a) the buyer’s rights are not subject to cure by the sellerseller has no right to cure except in the case of contracts for the supply of digital content and the supply of goods which are made to the consumer’s specifications, or are clearly personalised; and
Amendment 214 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 107
Annex 1 – Article 107
Where digital content is not supplied in exchange for the payment of a price or any other consideration, the buyer may not resort to the remedies referred to in points (a) to (d) of Article 106(1) . The buyer may only claim damages under point (e) of Article 106 (1) for loss or damage caused to the buyer's property, including hardware, software and data, by the lack of conformity of the supplied digital content, except for any gain of which the buyer has been deprived by that damage.
Amendment 225 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 110
Annex 1 – Article 110
Amendment 227 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 111 – paragraph 2
Annex 1 – Article 111 – paragraph 2
2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if the trader has declined to carry out or has not completed repair or replacement within a reasonable time, not exceeding 30 days. However, the consumer may withhold performance during that time.
Amendment 231 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 112 – paragraph 2
Annex 1 – Article 112 – paragraph 2
2. The buyer is not liable to pay for any use made of the replaced item in the period prior to the replacement. He is liable vis-à- vis the seller, pursuant to Article 173, for the deterioration of the item, for the destruction of the item or if he has already sold, altered or consumed the item.
Amendment 233 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 113 – paragraph 2
Annex 1 – Article 113 – paragraph 2
2. A buyer who is to perform before the seller performs and who reasonably believes that there will be non-performance by the seller or non-performance by the due date when the seller’s performance becomes due may withhold performance for as long as the reasonable belief continues.
Amendment 234 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 113 – paragraph 3
Annex 1 – Article 113 – paragraph 3
3. The performance which may be withheld under this Article is the whole or part of the performance to the extent justified by the non-performance. Where the seller's obligations are to be performed in separate parts or are otherwise divisible, the buyer may withhold performance only in relaafter the time when payment is due withhold a reasonable portion tof that part which has not been performed, unless the seller's non- performance is such as to justify withholdingyment. As a rule, twice the payment due for the outstanding performance shall be regarded as a reasonable portion. He may, however, withhold performance completely if the buyseller'’s non-performance as a wholeso warrants.
Amendment 239 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 116 a (new)
Annex 1 – Article 116 a (new)
Article 116a Termination on the grounds of a lack of an offer to cure A buyer may terminate the contract if the seller does not make an offer to cure immediately after receiving the buyer's notification of non-conformity, in accordance with Article 109.
Amendment 243 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 119 – paragraph 1
Annex 1 – Article 119 – paragraph 1
1. The buyer loses the right to terminate under this Section if notice of termination is not given within a reasonable time30 days from when the right arose or the buyer became, or could be expected to have become, aware of the non-performance, whichever is later.
Amendment 245 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 120 – paragraph 1
Annex 1 – Article 120 – paragraph 1
1. A buyer who accepts a performance not conforming to the contract within the meaning of Article 87(1)(a) may reduce the price. The reduction is to be proportionate to the decrease in the value of what was received in performance at the time performance was made compared to the value of what would have been received by a conforming performance.
Amendment 249 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 124 – paragraph 4
Annex 1 – Article 124 – paragraph 4
4. In a contract between a trader and a consumer, the consumer is not liable, in respect of the use of a given means of payment, for feeadditional costs that exceed the actual cost borne by the trader for the use of such means.
Amendment 250 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 129 a (new)
Annex 1 – Article 129 a (new)
Article 129a Application mutatis mutandis Articles 124 to 128 shall apply mutatis mutandis to repayment of the price after avoidance and termination of the contract.
Amendment 251 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 130 – paragraph 4
Annex 1 – Article 130 – paragraph 4
4. If the buyer knowingly retains the excess quantity it is treated as having been supplied under the contract and must be paid for at the contractual rate.
Amendment 252 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 130 – paragraph 5
Annex 1 – Article 130 – paragraph 5
5. In a consumer sales contract paragraph 4 does not apply if the buyer reasonably believes that the seller has delivered the excess quantity intentionally and without error, knowing that it had not been ordered. In such cases the seller shall immediately collect the excess quantity delivered from the buyer, who shall not incur any costs as a result.
Amendment 254 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 132 – paragraph 2
Annex 1 – Article 132 – paragraph 2
2. Where the buyer has not yet taken overaccepted the goods or the digital content and it is clear that the buyer will be unwilling to receive performance, the seller may nonetheless require the buyer to takeaccept delivery, and may recover the price, unless the seller could have made a reasonable substitute transaction without significant effort or expense.
Amendment 261 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
Annex 1 – Article 142 – paragraph 3
3. Except where the contract is a distance or off-premises contract, paragraphs 1 and 2 do not apply wWhere the consumer fails to perform the obligation to take over the goods or the digital content and the non-performance is not excused under Article 88. In this case, the risk passes at the time when the consumer, or the third party designated by the consumer, would have acquired the physical possession of the goods or obtained the control of the digital content if the obligation to take them over had been performed.
Amendment 270 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 147 – paragraph 2
Annex 1 – Article 147 – paragraph 2
2. Where a sales contract or a contract for the supply of digital content is terminated any related service contract is also terminated.
Amendment 271 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Chapter 15 – Section 2 – title
Annex 1 – Chapter 15 – Section 2 – title
Amendment 272 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 148 – paragraph 2
Annex 1 – Article 148 – paragraph 2
2. In the absence of any express or implied contractual obligation to achieve a specific result, the service provider must perform the related service with the care and skill which a reasonable service provider would exercise and in conformity with any statutory or other binding legal rules which are applicable to the related service.
Amendment 276 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 150 – paragraph 1
Annex 1 – Article 150 – paragraph 1
1. A service provider may entrust performance to another person, unless personal performance by the service provider is requiredDoes not affect the English version.
Amendment 279 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 150 – paragraph 3
Annex 1 – Article 150 – paragraph 3
3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects unless the consumer expressly consents to this.
Amendment 281 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 151
Annex 1 – Article 151
Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the custombuyer with an invoice which explains, in a clear and intelligible way, how the price was calculated.
Amendment 289 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 155 – paragraph 1 – introductory part
Annex 1 – Article 155 – paragraph 1 – introductory part
1. In the case of non-performance of an obligation by the service providto provide services by the seller, the custombuyer has, with the adaptations set out in this Article, the same remedies as are provided for the buyer in Chapter 11, namely:
Amendment 308 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Chapter 16 – Section 2 a (new) – title
Annex 1 – Chapter 16 – Section 2 a (new) – title
Section 2a Late payments by consumers
Amendment 309 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 167 – paragraph 1
Annex 1 – Article 167 – paragraph 1
1. When the debtor is a consumer, the creditor shall be entitled to claim interest for delay in payment is due at the rate provided in Article 166 only when, unless non- performance is not excused.
Amendment 310 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 167 – paragraph 2
Annex 1 – Article 167 – paragraph 2
2. Interest does not start to run until 30 days after the creditor has given notice to the debtor specifying the obligation to pay interest and its rate. Notice may be given before the date when payment is due. Interest for delay in payment may be claimed only after it has become due.
Amendment 315 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 4
Annex 1 – Appendix 1 – paragraph 4
To exercise the right of withdrawal, you must inform us (2) of your decision to withdraw from this contract by a clearn unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. 3(3)
Amendment 316 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 5
Annex 1 – Appendix 1 – paragraph 5
Amendment 317 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 6
Annex 1 – Appendix 1 – paragraph 6
Amendment 318 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 7
Annex 1 – Appendix 1 – paragraph 7
If you withdraw from this contract, we wishall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 4(4)
Amendment 319 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point b
Amendment 320 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point c
Amendment 321 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point d
Amendment 322 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e
Annex 1 – Appendix 1 – paragraph 10 – point 1 – point e
Amendment 323 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 2
Annex 1 – Appendix 1 – paragraph 10 – point 2
Amendment 324 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 3
Annex 1 – Appendix 1 – paragraph 10 – point 3
3. If you give the option to the consumer to electronically fill in and submit information about his or her withdrawal from the contract on your website, insert the following: "You can also electronically fill in and submit the model withdrawal form or any other clearunequivocal statement on our website [insert iInternet address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay."
Amendment 325 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 4
Annex 1 – Appendix 1 – paragraph 10 – point 4
Amendment 326 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point a – indent 2
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point a – indent 2
Amendment 327 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 2
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 2
Amendment 328 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
– If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated ato a maximum of approximately ___ EUR [insert the amount]"; or
Amendment 329 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Amendment 330 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point c
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point c
Amendment 331 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 6
Annex 1 – Appendix 1 – paragraph 10 – point 6
6. In the case of a contract for the provision of related services, insert the following: "‘If you requested to begin the performance of related services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract."’.
Amendment 333 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 2– title
Annex 1 – Appendix 2– title
Amendment 335 #
2011/0284(COD)
Proposal for a regulation
Annex II – Title
Annex II – Title
Amendment 336 #
2011/0284(COD)
Proposal for a regulation
Annex II – paragraph 5
Annex II – paragraph 5
The trader has to give you the important informatcontractual provisions on the contractwhich you have agreed, for instance on the product and its price including all taxes and charges and his contact details. The information has to be more detailed when you buy something outside the trader's shop or if you do not meet the trader personally at all, for instance if you buy online or by telephone. You are entitled to damages if this information is incomplete or wrong.
Amendment 337 #
2011/0284(COD)
Proposal for a regulation
Annex II – paragraph 6
Annex II – paragraph 6
Amendment 338 #
2011/0284(COD)
Proposal for a regulation
Annex II – paragraph 10
Annex II – paragraph 10
This list of rights is only a summary and therefore not exhaustive, nor does it contain all details. You can consult the full text of the Common European Sales Law and further information here. Please read your contract carefully.
Amendment 343 #
2011/0284(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To overcome these contract-law-related barriers, parties to distance contracts should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties in distance contracts and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross-border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.
Amendment 346 #
2011/0284(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation establishes a Common European Sales Law for distance contracts and thus for online contracts in particular. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract.
Amendment 349 #
2011/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. This is true in particular in the area of distance selling, which has especially great potential. The cross-border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross- border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.
Amendment 350 #
2011/0284(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) TIn the field of distance selling the Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross- border trade, especially in e- commerce.
Amendment 354 #
2011/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consentDoes not apply to English text. Linguistic correction to German original. See Ams. 333 and 335 in AM/928470.
Amendment 355 #
2011/0284(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The rules of the Common European Sales Law should cover the matters of contract law in the field of distance selling that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non- performance, the Common European Sales Law should therefore govern pre- contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.
Amendment 356 #
2011/0284(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope of the regulation beyond the sphere of distance selling and in relation to business-to- business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.
Amendment 360 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in Annex I ('the Common European Sales Law'). These rules can be used for cross- border transactions in the area of distance selling, particularly online, for the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so.
Amendment 364 #
2011/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘distance contract’ means any contract between the trader and the consumer or another trader under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in caswhere the trader is a legal person, a natural person representing the trader, and the consumer or the other trader or, where the trader is a legal person, the natural person representing the trader, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Amendment 365 #
2011/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 369 #
2011/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
Amendment 370 #
2011/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) 'public auction' means a method of sale where goods or, digital content or services are offered by the trader to the consumer who attends or is given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or, digital content or services;
Amendment 371 #
2011/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point y a (new)
Article 2 – paragraph 1 – point y a (new)
(ya) ‘excused’, when applied to an action or omission, means objectively not attributable to the person acting or omitting to act.
Amendment 377 #
2011/0284(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Common European Sales Law may be used for: the following distance contracts, including online contracts:
Amendment 381 #
2011/0284(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 383 #
2011/0284(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. This article shall not apply where a contract relates to the supply of foodstuffs, beverages or other goods which are intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace.
Amendment 387 #
2011/0284(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope beyond the area of distance selling, in relation to business- to-business contracts, market and technological developments and in respect of digital content and future developments of the Union acquis.
Amendment 391 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 13 – title
Annex 1 – Article 13 – title
Duty to provide information when concluding a distance or off-premises contract
Amendment 392 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 13 – paragraph 1
Annex 1 – Article 13 – paragraph 1
1. A trader concluding a distance contract or off-premises contract has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer:
Amendment 394 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 13 – paragraph 3
Annex 1 – Article 13 – paragraph 3
3. For a distance contract, tThe information required by this Article must:
Amendment 395 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 13 – paragraph 4
Annex 1 – Article 13 – paragraph 4
Amendment 396 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point b
Annex 1 – Article 13 – paragraph 5 – point b
Amendment 397 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c
Annex 1 – Article 13 – paragraph 5 – point c
Amendment 398 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c a (new)
Annex 1 – Article 13 – paragraph 5 – point c a (new)
(ca) a contract which, in accordance with the laws of Member States, is established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope. The same shall apply to the conclusion of a contract before a court.
Amendment 400 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 17 – title
Annex 1 – Article 17 – title
Information about rights of withdrawal when concluding a distance or off- premises contract
Amendment 401 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 17 – paragraph 2
Annex 1 – Article 17 – paragraph 2
2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawalonly if the goods by their nature cannot be normally returned by post.
Amendment 402 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 18
Annex 1 – Article 18
Amendment 403 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 19 – title
Annex 1 – Article 19 – title
Amendment 404 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 19 – paragraph 1
Annex 1 – Article 19 – paragraph 1
1. When a trader makes a telephone call to a consumer, with a view to concluding a distance contract, the trader must, at the beginning of the conversation with the consumer, disclose its identity and, where applicable, the identity of the person on whose behalf it is making the call and the commercial purpose of the call.
Amendment 405 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 19 – paragraph 2
Annex 1 – Article 19 – paragraph 2
2. If the distance contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader must provide at least the information referred to in paragraph 3 of this Article on that particular means prior to the conclusion of such a contract. The other information referred to in Article 13 shall be provided by the trader to the consumer in an appropriate way in accordance with Article 13(3).
Amendment 406 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 19 – paragraph 4
Annex 1 – Article 19 – paragraph 4
4. A distance contract concluded by telephone is valid only if the consumer has signed the offer or has sent his written consent indicating the agreement to conclude a contract. The trader must provide the consumer with a confirmation of that agreement on a durable medium.
Amendment 407 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 19 – paragraph 5
Annex 1 – Article 19 – paragraph 5
5. The trader must give the consumer a confirmation of the contract concluded, including where applicable, of the consent and acknowledgement of the consumer referred to in point (d) of Article 40(3), and all the information referred to in Article 13 on a durable medium. The trader must give that information in reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the supply of digital content or the provision of the related service begins, unless the information has already been given to the consumer prior to the conclusion of the distance contract on a durable medium.
Amendment 408 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 20
Annex 1 – Article 20
Amendment 409 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 24 – title
Annex 1 – Article 24 – title
Additional duties to provide information in distance contracts concluded by electronic means
Amendment 410 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 25 – title
Annex 1 – Article 25 – title
Additional requirements in distance contracts concluded by electronic means
Amendment 411 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 25 – paragraph 1
Annex 1 – Article 25 – paragraph 1
1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14(1) and (2), and point (b) of Article 16.
Amendment 415 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Chapter 4
Annex 1 – Chapter 4
Right to withdraw in distance and off- premises contracts between traders and consumers
Amendment 416 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1
Annex 1 – Article 40 – paragraph 1
1. During the period provided for in Article 42, the consumer has a right to withdraw from the contract without giving any reason, and at no cost to the consumer except as provided in Article 45, from:.
Amendment 417 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point a
Annex 1 – Article 40 – paragraph 1 – point a
Amendment 418 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point b
Annex 1 – Article 40 – paragraph 1 – point b
Amendment 419 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 40 – paragraph 2 – point a
Annex 1 – Article 40 – paragraph 2 – point a
Amendment 422 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point e
Annex 1 – Article 40 – paragraph 3 – point e
Amendment 425 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 44 – paragraph 4
Annex 1 – Article 44 – paragraph 4
Amendment 427 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point a – point ii
Annex 1 – Article 45 – paragraph 6 – point a – point ii
(ii) the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 18(2) and Article 19(6);
Amendment 428 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point b – point iii
Annex 1 – Article 45 – paragraph 6 – point b – point iii
(iii) the trader has failed to provide the confirmation in accordance with Article 18(1) and Article 19(5).
Amendment 429 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 46 – paragraph 1
Annex 1 – Article 46 – paragraph 1
1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3. For the purpose of this Article an ancillary contract means a contract by which a consumer acquires goods, digital content or related services in connexion to a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 441 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 77 – paragraph 1
Annex 1 – Article 77 – paragraph 1
1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated at any time by either party by giving a reasonable period of notice not exceeding twohree months.
Amendment 450 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 93 – point a
Annex 1 – Article 93 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract;
Amendment 451 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 94 – point a
Annex 1 – Article 94 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer;
Amendment 492 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
Annex 1 – Article 142 – paragraph 3
Amendment 514 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
– If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated to a maximum of approximately ___ EUR [insert the amount]"; or
Amendment 515 #
2011/0284(COD)
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Amendment 516 #
2011/0284(COD)
Proposal for a regulation
Annex 2 – paragraph 5
Annex 2 – paragraph 5
The trader has to give you the important informatinform you in detail about the key provisions onf the contract agreed with you, for instance on the product and its price including all taxes and charges and his contact details. The information has to be more detailed when you buy something outside the trader's shop or if you do not meet the trader personally at all, for instance if you buy online or by telephone. You are entitled to damages if this information is incomplete or wrong.
Amendment 517 #
2011/0284(COD)
Proposal for a regulation
Annex 2 – paragraph 7
Annex 2 – paragraph 7
Amendment 99 #
2011/0282(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure legal certainty and clarity concerning the procedure to be followed in the case of programme amendments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the setting of the criteria on the basis of which proposed changes of the quantified targets of the programmes shall be considered as major, thus triggering the need to modify the programme by means of an implementing act adopted in accordance with Article 91 of this Regulation.
Amendment 197 #
2011/0282(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Provision should be made for the determination of the total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020, its annual breakdown and the minimum amount to be concentrated in less developed regions and the transitional regions which over the period 2007-2013 were supported under the convergence objective, but whose per capita GDP is more than 75 % of the average per capita GDP of the EU27, in accordance with the Multi-annual Financial Framework for the period 2014 to 2020 and the Interinstitutional Agreement on cooperation in budgetary matters and on sound financial management for the same period. The appropriations available should be indexed on a flat-rate basis for programming. .
Amendment 199 #
2011/0282(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) In order to facilitate the management of EAFRD funds, a single contribution rate of the EAFRD to rural development programming should be set in relation to public expenditure in the Member States. In order to take account of the particular importance or nature of certain types of operations, specific contribution rates should be set in relation to them. In order to mitigate the specific constraints resulting from level of development, remoteness and insularity an appropriate contribution rate of the EAFRD should be set for less- developed regions, the transitional regions which over the period 2007-2013 were supported under the convergence objective, but whose per capita GDP is more than 75 % of the average per capita GDP of the EU27, the outermost regions referred to in the Treaty and the smaller Aegean islands.
Amendment 204 #
2011/0282(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Each rural development programme should be subject to monitoring in order to regularly follow the implementation of the programme and progress towards the established targets of the programme. Demonstrating and improving the effectiveness and impact of actions under the EAFRD also depends on appropriate evaluation during the preparation and implementation of a programme and its completion. A monitoring and evaluation system should therefore be set up in common by the Commission, the European Parliament and the Member States with the purpose of demonstrating the progress and assessing the impact and efficiency of rural development policy implementation.
Amendment 208 #
2011/0282(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) In order to ensure uniform conditions for the implementation of this Regulation in relation to the presentation of rural development programmes, the approval of programmes and of modifications thereof, the procedures and timetables for approval of programmes, the procedures and timetables for the approval programme modifications, including their entry in to force and frequency of submission, specific conditions for the implementation of rural development measures, the structure and operation of networks set-up by this Regulation, the adoption of the monitoring and evaluation system, the rules for the operation of the information system, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powersthe Commission should be empowered to adopt delegated acts in accordance with Article 90.
Amendment 606 #
2011/0282(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a – introductory part
Article 12 – paragraph 1 – point a – introductory part
a) The Commission shall, by means of implementing acts, decide one empowered to adopt delegated acts in accordance with Article 90 concerning requests to amend programmes that concern:
Amendment 617 #
2011/0282(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 618 #
2011/0282(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b – introductory part
Article 12 – paragraph 1 – point b – introductory part
b) The Commission shall, by means of implementing acts, decide one empowered to adopt delegated acts in accordance with Article 90 concerning requests to amend the programme in all other cases. These shall include in particular:
Amendment 633 #
2011/0282(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
The Commission shall, by means of implementing acts, adopte empowered to adopt delegated acts, in accordance with Article 90, on rules on procedures and timetables for:
Amendment 635 #
2011/0282(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 1667 #
2011/0282(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) the assessment by the Member State of the progress of the business plan, payment options as well as modalities for access to other measures for young farmers under the farm and business development measure referred to in Article 20;
Amendment 1669 #
2011/0282(COD)
Proposal for a regulation
Article 41 a (new)
Article 41 a (new)
Article 41a The Commission shall be empowered to adopt delegated acts, in accordance with Article 90, concerning payment options as well as modalities for access to other measures for young farmers under the farm and business development measure referred to in Article 20.
Amendment 1746 #
2011/0282(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The Commission shall, by means of implemente empowered to adopt delegated acts ing acts, set outcordance with Article 90 concerning the organisational structure and operation of the European network for rural development network. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.
Amendment 1768 #
2011/0282(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Commission shall, by means of implemente empowered to adopt delegated acts ing acts, set outcordance with Article 90 concerning the organisational structure and operation of the EIP network. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.
Amendment 1778 #
2011/0282(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The Commission shall, by means of implemente empowered to adopt delegated acts ing acts, set outcordance with Article 90 concerning the organisational structure and operation of the European evaluation network for rural development. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.
Amendment 1793 #
2011/0282(COD)
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
4. The Commission shall, by means of implementing acts, adopt rules for the establishment and operation of national rural networks. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91e empowered to adopt delegated acts in accordance with Article 90 concerning the establishment and operation of national rural networks.
Amendment 1842 #
2011/0282(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
The Commission shall by means of implemente empowered to adopt delegated acts ing acts lay downcordance with Article 90 concerning detailed provisions on the procedure and timetables for the selection of projects and rules on the setting up of the steering group of independent experts referred to in Article 58(3). These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.
Amendment 1902 #
2011/0282(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. The total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020, its annual breakdown and the minimum amount to be concentrated in less developed regions, including the minimum amount for regions which, over the period 2007-2013, were supported under the convergence objective but where the per capita GDP is more than 75 % of the average per capita GDP of the EU 27, shall be fixed by the European Parliament and the Council, on a proposal from the Commission in accordance with the multiannual financial framework for the years 2014 to 2020 and the Interinstitutional Agreement on cooperation in budgetary matters and on sound financial management for the same period.
Amendment 1943 #
2011/0282(COD)
Proposal for a regulation
Article 65 – paragraph 3 – subparagraph 1 – point b a (new)
Article 65 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) 75% for transition regions not eligible under point (a).
Amendment 2022 #
2011/0282(COD)
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
In accordance with this Title, a common monitoring and evaluation system shall be drawn up in co-operation between the Commission and the Member States and shall be adopted by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in, the European Parliament and the Member States. The Commission shall be empowered to adopt delegated acts to that effect in accordance with Article 910.
Amendment 2041 #
2011/0282(COD)
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
1. The Commission shall, by means of implemente empowered to adopt delegated acts ing acts, provide forcordance with Article 90 concerning the elements to be contained in the ex ante and ex post evaluations referred to in Articles 48 and 50 of Regulation (EU) No [CSF/2012] and establish the minimum requirements for the evaluation plan referred to in Article 49 of Regulation (EU) No [CSF/2012]. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.
Amendment 2059 #
2011/0282(COD)
Proposal for a regulation
Article 90 – paragraph 2
Article 90 – paragraph 2
2. The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for an indeterminate period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegated power no later than nine months before the end of the five-year period. The delegation of power shall be extended for periods of time from the date of entry into force of this Regulationan identical duration, if the European Parliament and the Council approve such extension not later than three month before the end of each period. To that end the European Parliament shall take a decision by a majority of its Members and the Council by qualified majority.
Amendment 2061 #
2011/0282(COD)
Proposal for a regulation
Article 90 – paragraph 2
Article 90 – paragraph 2
2. The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegated power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 2063 #
2011/0282(COD)
Proposal for a regulation
Article 95 – paragraph 1
Article 95 – paragraph 1
Amendment 464 #
2011/0281(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 582 #
2011/0281(COD)
Proposal for a regulation
Recital 143
Recital 143
(143) The Commission should be empowered to adopt immediately applicable implementdelegated acts ing actscordance with Article 161 where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation, and resolving specific problems in an emergency, if such immediate action is needed to deal with the problems.
Amendment 585 #
2011/0281(COD)
Proposal for a regulation
Recital 144
Recital 144
Amendment 615 #
2011/0281(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission may, by means of implementingshall be empowered to adopt delegated acts, when necessary due to amendments to the combined nomenclature, to adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation or other acts adopted under Article 43 of the Treaty. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 858 #
2011/0281(COD)
Proposal for a regulation
Article 18 – paragraph 5 – point c a (new)
Article 18 – paragraph 5 – point c a (new)
ca) the conditions in accordance with which a decision can be taken that products covered by private storage contracts may be re-marketed or disposed of;
Amendment 876 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
Amendment 924 #
2011/0281(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point c a (new)
Article 22 – paragraph 3 – point c a (new)
ca) the definitive allocation of aid between participating Member States within the appropriations available in the budget;
Amendment 925 #
2011/0281(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point c b (new)
Article 22 – paragraph 3 – point c b (new)
cb) the aid applications and payments.
Amendment 927 #
2011/0281(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
Amendment 928 #
2011/0281(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
Amendment 929 #
2011/0281(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) Union aid shall be granted for supplying to children in educational establishments certain products of the milk and milk products sectorIn keeping with conditions laid down by the Commission by means of delegated acts and implementing acts adopted in accordance with Articles 25 and 26, Union aid shall be granted for distributing milk and milk products to children in educational establishments.
Amendment 940 #
2011/0281(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 988 #
2011/0281(COD)
Proposal for a regulation
Article 28 – paragraphe 1 – point e a (new)
Article 28 – paragraphe 1 – point e a (new)
ea) the implementation of work programmes and amendments to such programmes.
Amendment 990 #
2011/0281(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
Amendment 991 #
2011/0281(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Aid in the hops sector 1. The Community shall finance a payment to producer organisations in the hops sector recognised under Article 106 to fund measures to achieve the aims referred to in that Article. 2. The annual Community financing for the payment to producer organisations shall be EUR 2 277 000 for Germany. 3. The Commission shall adopt implementing provisions for this Section.
Amendment 1074 #
2011/0281(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a – point vi (new)
Article 35 – paragraph 1 – point a – point vi (new)
vi) the management of operational funds;
Amendment 1075 #
2011/0281(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a – point vii (new)
Article 35 – paragraph 1 – point a – point vii (new)
vii) the format of operational programmes.
Amendment 1084 #
2011/0281(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
Amendment 1085 #
2011/0281(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
Amendment 1195 #
2011/0281(COD)
Proposal for a regulation
Article 50 – point i a (new)
Article 50 – point i a (new)
(ia) evaluation of the supported actions;
Amendment 1196 #
2011/0281(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
(a) the submission of the support programmes, and the corresponding financial planning and revision of support programmes;
Amendment 1197 #
2011/0281(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point c
Article 51 – paragraph 1 – point c
Amendment 1290 #
2011/0281(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59a Certification for hops 1. Products of the hops sector, harvested or prepared within the Community, shall be subject to a certification procedure. 2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. 3. The certificates shall indicate at least: (a) the place(s) of production of the hops; (b) the year(s) of harvesting; (c) the variety or varieties. 4. Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued. In the case of imported products of the hops sector, the attestation provided for in Article 128a(2) shall be deemed to be equivalent to the certificate. 5. Measures derogating from paragraph 4 may be adopted by the Commission: (a) in order to satisfy the trade requirements of certain third countries; or (b) for products intended for special uses. The measures referred to in the first subparagraph shall: (a) not prejudice the normal marketing of products for which the certificate has been issued; (b) be accompanied by guarantees intended to avoid any confusion with those products.
Amendment 1319 #
2011/0281(COD)
Proposal for a regulation
Article 68 – paragraph 1 – introductory part
Article 68 – paragraph 1 – introductory part
The Commission may, by means of implementing acts, adopt the necessary measures related to this Section and in particular:
Amendment 1320 #
2011/0281(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point a
Article 68 – paragraph 1 – point a
Amendment 1321 #
2011/0281(COD)
Proposal for a regulation
Article 68 – paragraph 1 – point b
Article 68 – paragraph 1 – point b
Amendment 1331 #
2011/0281(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68a Delegated powers The Commission shall be empowered to adopt delegated acts in accordance with Article 160 in order to lay down: (a) rules for the implementation of the general marketing standard; (b) rules for the implementation of the definitions and sales descriptions provided for in Annex VI.
Amendment 1497 #
2011/0281(COD)
Proposal for a regulation
Article 103 – paragraph 3 – point e a (new)
Article 103 – paragraph 3 – point e a (new)
ea) rules on the composition of the register, the products to be contained therein, deadlines for entries in registers and the closures of registers.
Amendment 1498 #
2011/0281(COD)
Proposal for a regulation
Article 103 – paragraph 4 – subparagraph 1 – point a
Article 103 – paragraph 4 – subparagraph 1 – point a
Amendment 1586 #
2011/0281(COD)
Proposal for a regulation
Article 104 – paragraph 5
Article 104 – paragraph 5
Amendment 1661 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d a (new)
Article 106 – paragraph 1 – point d a (new)
(da) market products not covered by Annex I to the Treaty, provided that the proportion of products sold which are not covered by Annex I does not exceed 49 % of the total volume marketed, without this leading to the forfeiture of official status as a producer organisation in the recognised agricultural sector.
Amendment 1882 #
2011/0281(COD)
Proposal for a regulation
Article 118 – paragraph 1 – point b a (new)
Article 118 – paragraph 1 – point b a (new)
ba) the submission of applications and the issuing of licences and their use;
Amendment 1883 #
2011/0281(COD)
Proposal for a regulation
Article 119 – paragraph 1 – point a
Article 119 – paragraph 1 – point a
Amendment 1916 #
2011/0281(COD)
Proposal for a regulation
Article 129 a (new)
Article 129 a (new)
Article 129a Imports of hops 1. Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those applicable to similar products harvested in the Community or made from such products. 2. Products shall be regarded as meeting the quality standards referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 59a. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation shall be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. The equivalence of the attestations shall be verified in accordance with detailed rules adopted by the Commission.
Amendment 2046 #
2011/0281(COD)
Proposal for a regulation
Article 153 a (new)
Article 153 a (new)
Article 153a Promoting sales in the milk and milk products sector A Member State may impose a promotional levy on its milk producers in respect of marketed quantities of milk or milk equivalent in order to finance the measures on promoting consumption in the Union, expanding the markets for milk and milk products and improving quality.
Amendment 2057 #
2011/0281(COD)
Proposal for a regulation
Article 154 – paragraph 1 – subparagraph 2
Article 154 – paragraph 1 – subparagraph 2
Where in the cases of threats of market disturbances referred to in the first subparagraph, imperative grounds of urgency so require, the procedure provided for in Article 161 of this Regulation shall apply to delegated acts adopted pursuant to this paragraph.
Amendment 2066 #
2011/0281(COD)
Proposal for a regulation
Article 154 – paragraph 3
Article 154 – paragraph 3
Amendment 2071 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 1 – introductory part
Article 155 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, by means of implementshall be empowered to adopt delegated acts ing acts, adoptcordance with Article 160 in order to take exceptional support measures:
Amendment 2077 #
2011/0281(COD)
Proposal for a regulation
Article 155 – paragraph 1 – subparagraph 2
Article 155 – paragraph 1 – subparagraph 2
Amendment 2096 #
2011/0281(COD)
Proposal for a regulation
Article 156 – paragraph 1
Article 156 – paragraph 1
1. The Commission shall, by means of implementing acts, adopte empowered to adopt delegated acts, which are both necessary and justifiable in an emergency measures to resolve specific problems. Those measuredelegated acts may derogate from certain parts of this Regulation, but only to the extent that, and for such a period, as is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 2100 #
2011/0281(COD)
Proposal for a regulation
Article 156 – paragraph 2
Article 156 – paragraph 2
2. To resolve specific problems, oOn duly justified imperative grounds of urgency relating to the measures referred to in paragraph 1, the Commission shall be empowered to adopt immediately applicable implementingdelegated acts in accordance with the procedure referred to in Article 162(3)55a.
Amendment 2111 #
2011/0281(COD)
Proposal for a regulation
Article 157 – paragraph 2 – point d a (new)
Article 157 – paragraph 2 – point d a (new)
(da) arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;
Amendment 2112 #
2011/0281(COD)
Proposal for a regulation
Article 157 – paragraph 3 – subparagraph 1 – point b
Article 157 – paragraph 3 – subparagraph 1 – point b
Amendment 2148 #
2011/0281(COD)
Proposal for a regulation
Article 159 – paragraph 3
Article 159 – paragraph 3
Amendment 2149 #
2011/0281(COD)
Proposal for a regulation
Article 160 – paragraph 2
Article 160 – paragraph 2
(2) The delegations of powers referred to in this Regulation shall be conferred on the Commission for an indeterminate period of five years from the entry into force of this Regulation. The Commission shall draw up a report on the way the delegated powers have been used no later than nine months before the end of the five-year period. The delegation of powers shall be extended for further periods of time from the entry into force of this Regulationfive years if the European Parliament and the Council approve such an extension not later than three months before the end of each period. To that end, the European Parliament shall take a decision by a majority of its Members and the Council by a qualified majority.
Amendment 2150 #
2011/0281(COD)
Proposal for a regulation
Article 160 – paragraph 2
Article 160 – paragraph 2
(2) The delegations of powers referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation. period of five years from the entry into force of this Regulation. The Commission shall draw up a report on the way the delegated powers have been used no later than nine months before the end of the five-year period. The delegation of powers shall be tacitly extended for further periods of five years, unless the European Parliament or the Council objects to such an extension not later than three months before the end of each period.
Amendment 2180 #
2011/0281(COD)
Proposal for a regulation
Annex I – Part XXI – product line (new)
Annex I – Part XXI – product line (new)
Raw alcohol with an alcohol content of less than 96% by volume which retains the organoleptic qualities associated with the basic raw materials used in its production shall be treated as ethyl alcohol within the meaning of point 1 provided that the raw alcohol in question is, after further processing, marketed or used as ethyl alcohol within the meaning of point 1.
Amendment 126 #
2011/0280(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should adopt immediately applicable implementingdelegated acts where, in duly justified cases relating to exceptional management measures, intended to solve urgent and unforeseen problems occurring in one or more Member States, imperative grounds of urgency so require.
Amendment 292 #
2011/0280(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to 5 % of their national ceilings for this support, or 10 % in case their level of coupled support in at least one of the years of the period 2010- 2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 % of their national ceiling. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011delegated acts should be assigned to the Commission in accordance with Article 290 TFEU.
Amendment 906 #
2011/0280(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall, by means of implemente empowered to adopt delegated acts, ing acts,cordance with Article 55, in order to set the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 1430 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming, and farmers with more than 50 % of their eligible agricultural area used for grass cultivation or covered by grassland, shall be entitled ipso facto to the payment referred to in this Chapter.
Amendment 1702 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere the eligible area excluding permanent grassland is greater than 20 hectares, farmers shall ensure that at least 73 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in aArticle 25(2)(b)(ii).
Amendment 1861 #
2011/0280(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The Commission shall, by means of implemente empowered to adopt delegated acts ing acts,cordance with Article 55 to set out the corresponding ceiling for the payment referred to in this Chapter on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 1903 #
2011/0280(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. According to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall, by means of implementinge empowered in accordance with Article 55 to adopt delegated acts, to fix the corresponding ceiling for that payment on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 2002 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. On the basis of the estimated percentage notifiAccording to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall, by means of implementinge empowered in accordance with Article 55 to adopt delegated acts, to set the corresponding ceiling for theat payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2)on a yearly basis.
Amendment 2155 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
5. On the basis of the decision taken by each Member State pursuant to paragraphs 1 to 4 on the proportion of the national ceiling to be used, the Commission shall, by means of implementinge empowered in accordance with Article 55 to adopt delegated acts, to fix the corresponding ceiling for the support on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 2164 #
2011/0280(COD)
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
1. The Commission shall, by means of an implementinge empowered in accordance with Article 55 to adopt a delegated act, to approve the decision referred to in Article 39(3), or, where appropriate, in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated:
Amendment 2174 #
2011/0280(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission shall, by means of implementing acts, adopte empowered in accordance with Article 55 to adopt acts for the adoption of rules on the procedure for the assessment and approval of decisions referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 2276 #
2011/0280(COD)
Proposal for a regulation
Article 53 – paragraph 2 – point d a (new)
Article 53 – paragraph 2 – point d a (new)
(da) arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;
Amendment 2277 #
2011/0280(COD)
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1 – point b
Article 53 – paragraph 3 – subparagraph 1 – point b
Amendment 2278 #
2011/0280(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Commission shall, by means of implementing acts, adopt the measurese empowered to adopt delegated acts pursuant to Article 55 which are both necessary and justifiable in an emergency, in order to resolve specific problems. Such measuredelegated acts may derogate from provisioncertain parts of this Regulation, but only to the extent that, and for such a period, as is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 2279 #
2011/0280(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. On duly justified imperative grounds of urgency relating to the measures referred to in paragraph 1, the Commission shall be empowered to adopt immediately applicable implementingdelegated acts in accordance with the procedure referred to in Article 56(3)5a.
Amendment 2280 #
2011/0280(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The delegation of power to the Commission referred to in this Regulation shall be conferred on the Commission for apply for a period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegated power no later than nindeterminatee months before the end of the five-year period. The delegation of power shall be extended for periods of time from the entry into force of this Regulation. an identical duration, if the European Parliament and the Council approve such extension not later than three months before the end of each period. For that purpose the European Parliament shall act by a majority of its component Members and the Council by a qualified majority.
Amendment 2281 #
2011/0280(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The delegation of power to the Commission referred to in this Regulation shall be conferred on the Commission for apply for a period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegated power no later than nindeterminatee months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of time from the entry into force of this Regulatan identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each periond.
Amendment 2284 #
2011/0280(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55a Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 55(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.
Amendment 67 #
2011/0226(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States, in cooperation with the Commission, shall designate the IMI coordinators and competent authorities and the internal market areas in which they have competence. The Commission may play a consultative role in this process.
Amendment 36 #
2011/0187(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The lack of competition on the roaming market hinders developing Single Market for telecommunications.
Amendment 71 #
2011/0187(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Customers living in border regions should not suffer from unnecessarily high phone bills due to inadvertent roaming charges. Measures should therefore be established creating a transitional zone in border areas where consumers pay a standard rate independent of the nationality of the network. These zones should be as broad as 10 kilometres on both sides of the borders.
Amendment 75 #
2011/0187(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) Similarly, to solve inadvertent roaming charges home providers should be obliged to provide a sufficiently powerful signal in areas where coverage is weak.
Amendment 75 #
2011/0187(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to ensure that regulatory obligations on wholesale and retail charges for voice, SMS and data roaming services are not maintained longer than necessary when the structural solutions are fully in place and competition is sufficiently developed in the roaming market, conditions should be set for non- application of maximum wholesale and retail charges already before the deadlines foreseen. Such conditions should be based on a significant difference between price caps and actual price levels. It is considered that a significant difference will be reached if prices have on average in the Union reached 750% of the price cap. For wholesale price caps the 750% criterion shall be based on the unbalanced traffic between operators that do not belong to the same group. In order to limit distortions between Member States, the 750% criterion for retail price caps shall be calculated by averaging at the Union level the national averages for each roaming service separately (voice, SMS or data).
Amendment 112 #
2011/0187(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Concerning border regions, mobile operators should provide their customers with better information on how to avoid inadvertent roaming charges.
Amendment 122 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 JulyMarch 2014, home providers shall inform, within four months from that date, all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services from an alternative roaming provider. The roaming customers shall be given a period of two months within which to make their choice known to their home provider. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.
Amendment 147 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
For the purpose of separate sale of roaming services, operators shall make sure that facilities meeting the criteria set out in paragraph 1 are in place by 1 JulyMarch 2014 at the latest, to ensure that the customer can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection related to the provision of this facility shall be cost-orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 153 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,141 per minute as of 1 July 2012.
Amendment 162 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,108 and EUR 0,065, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,065 for the duration of this Regulation.
Amendment 168 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,321 per minute for any call made or EUR 0,1109 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2816 and EUR 0,2411 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,107 on 1 July 2013, and EUR 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016at EUR 0,05 for the duration of this Regulation.
Amendment 185 #
2011/0187(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. With effect from 1 July 2012, the average wholesale charge that the operator of a visited network may levy from the customer's home provider, for the provision of a regulated roaming SMS message originating on that visited network, shall not exceed EUR 0,03 per SMS message. The maximum average wholesale charge for the provision of a regulated roaming SMS message shall decrease, and shall decrease to EUR 0,02 on 1 July 2013 and to EUR 0,021 on 1 July 2014. Without prejudice to Article 13 the regulated wholesale charge for the provision of regulated roaming SMS messages shall remain at EUR 0,021 for the duration of this Regulation.
Amendment 188 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10shall reduce to EUR 0,09 on 1 July 2012, to 0,07 on 1 July 2013 and to 0,05 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,10 until 30 June 201605 for the duration of this Regulation.
Amendment 230 #
2011/0187(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If, after 30 June 2018, the average wholesale charge for one of the roaming services (voice, SMS or data) for unbalanced traffic between operators that do not belong to the same group falls to 750% or less of the maximum wholesale charges provided for in Articles 6(2), 8(1) and 11(1), the maximum wholesale charges for the roaming service concerned shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum wholesale charges no longer apply for the service concerned.
Amendment 231 #
2011/0187(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. If, following the implementation of the separate sale of roaming services referred to in Article 5 and before 1 July 2016, the average retail charge at the Union level falls to 750% or less of the maximum retail charges provided for in Articles 7(2), 9(2) and 12(2), the maximum retail charges for that roaming services shall no longer apply. The Commission shall regularly verify, on the basis of the market data collected by BEREC, whether this condition is met and, if so, it shall publish without delay in the C series of the Official Journal of the European Union the data proving that the maximum retail charges no longer apply for the service concerned.
Amendment 232 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member Statecountry.
Amendment 240 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 245 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for calls where consumers pay a standard rate independent of the nationality of the available network. Transitional tariffs for calls shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 263 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member Statecountry concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 266 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for SMS services where consumers pay a standard rate independent of the nationality of the available network. Transitional SMS tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 269 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 292 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:
Amendment 302 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6 a. With effect from 1 July 2012, home providers operating within a border region shall establish a transitional tariff zone for data communication services where consumers pay a standard rate independent of the nationality of the available network. Transitional data communication tariffs shall not exceed domestic rates. These zones shall be as broad as 10 kilometers on both sides of the borders.
Amendment 303 #
Amendment 322 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1 a (new)
Article 14 – paragraph 3 – subparagraph 1 a (new)
Home providers shall provide all users with full information on how to avoid inadvertent roaming charges.
Amendment 329 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Where appropriate, home providers shall inform their customers, before the conclusion of a contract and on a regular basis thereafter, of the risk of automatic and uncontrolled data roaming connection and download. Furthermore, home providers shall explain to their customers, in a clear and easily understandable manner, how to switch off these automatic data roaming connections in order to avoid uncontrolled consumption of data roaming services and inadvertent roaming in border regions.
Amendment 103 #
2011/0150(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) In most Member States, public authorities show a limited interest in participating in the standards development process, notwithstanding the importance of standardisation as a tool to support Union policies and legislation. This Regulation should therefore encourage the involvement of such authorities in all the national technical committees that deal with European standards being developed or revised at the request of the Commission. The participation of national authorities is particularly crucial for the proper functioning of legislation in the areas covered by the ‘New Approach’, and for the avoidance of ex-post objections to harmonised standards.
Amendment 112 #
2011/0150(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules with regard to the cooperation between European standardisation bodies, national standardisation bodies and the Commission, the establishment of European standards and European standardisation deliverables for products and for product-related services in support of Union legislation and policies, the recognition of technical specifications in the field of information and communication technologies (hereinafter “ICT”) and financing of European standardisation.
Amendment 136 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘product-related service’ means any self-employed economic activity normally provided for remrvice related to goods or digital content, such as assembly, installation, maintenance, repair or any other processing, provided by the seller of the goods or the supplier of the digital content underation, as referred to in Article 57 of the Treaty the sales contract, the contract for the supply of digital content or a separate related service contract which was concluded at the same time as the sales contract or the contract for the supply of digital content, with, however, the exception of: (i) transport services; (ii) training services, telecommunications support services; and (iii) financial services;
Amendment 179 #
2011/0150(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Access of SMEs to standards 1. National standardisation organisations shall promote and facilitate the access of SMEs to standards and their development, in particular: (a) by making available free of charge on their website abstracts of standards; (b) through special prices for making standards available to SMEs and price reductions for packages of standards; (c) by identifying, in their annual work programmes, those standardisation projects which are of particular interest for SMEs; (d) through free access for SMEs to participation in the preparation of draft standards. 2. National standardisation organisations shall send an annual report to the European standardisation organisations with regard to their actions to comply with the requirements laid down in paragraph 1 and all other measures to improve the participation of SMEs in their standardisation activities. They shall publish that report on their website.
Amendment 183 #
2011/0150(COD)
Proposal for a regulation
Article 5 c (new)
Article 5 c (new)
Article 5c Participation of public authorities in European standardisation Member States shall encourage the participation of public authorities, including market surveillance authorities, in national standardisation activities aimed at the development or revision of standards requested by the Commission in accordance with Article 7(1).
Amendment 36 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j
Article 2 – paragraph 2 – point j
Amendment 39 #
2011/0135(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Office shall invite to the meetings referred to in point (a) of Article 2(2) representatives from public administrations, bodies and organisations dealing with the protection of intellectual property rights and, representatives from the private sector and representatives of consumer organisations and small and medium sized enterprises.
Amendment 42 #
2011/0135(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 115 #
2011/0062(COD)
Proposal for a directive
Recital 32
Recital 32
(32) A consumer’s ability to repay his credit prior to the expiry of his credit agreement may play an important role in promoting competition in the single market and the free movement of EU citizens. However, substantial differences exist between the national principles and conditions under which consumers have the ability to repay and the conditions under which such early repayment can take place. Whilst recognising the diversity in mortgage funding mechanisms and the range of products available, certain standards with regard to early repayment of credit are essential at Union level in order to ensure that consumers have the possibility to discharge their obligations before the date agreed in the credit agreement and the confidence to shop around for the best products to meet their needs. Member States should therefore ensure, either by legislation or by means of contractual clauses, that consumers have a statutory or contractual right to early repayment; nevertheless, Member States should be able to define the conditions for the exercise of such a right. These conditions may include time limitations on the exercise of the right, different treatment depending on the type of the borrowing rate, whether fixed or variable, restrictions with regard to the circumstances under which the right may be exercised. Member States could also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit. In any event, if the early repayment falls within a period for which the borrowing rate is fixed, exercise of the right may be made subject to the existence of a speciallegitimate interest on the part of the consumer. Such speciallegitimate interest may for example occur in case of divorce or unemployment. Where a Member State chooses to lay down such conditions, these should not make the exercise of the right excessively difficult or onerous for the consumer.
Amendment 228 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
Amendment 241 #
2011/0062(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 264 #
2011/0062(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Member States may provide that the exercise of the right referred to in paragraph 1 is subject to certain conditions. Such conditions may include time limitations on the exercise of the right, different treatment depending on the type of the borrowing rate, or restrictions with regard to the circumstances under which the right may be exercised. Member States may also provide that the creditor should be entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit. In any event, if the early repayment falls within a period for which the borrowing rate is fixed, exercise of the right may be made subject to the existence of a speciallegitimate interest on the part of the consumer.
Amendment 269 #
2011/0062(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 16 #
2010/2303(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is of the opinion that senior management and the board of directors should be legally account, actually and personally accountable and able to be held liable for the correct implementation of corporate governance principles;
Amendment 25 #
2010/2278(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, with a view to creating a common internal market for businesses, harmonisation and codification of European legislation within a single European legal framework, e.g. European contract law, ensures greater legal certainty for firms and consumers and is thus a vital element in enhancing the operation of the internal market,
Amendment 65 #
2010/2278(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, with a view to further boosting growth, to simplify existing European rules by means of harmonisation and codification, and to that end to draw up an analysis of the current legal basis for businesses and consumers so as to create, in the long term, a single body of law, e.g. European contract law;
Amendment 6 #
2010/2277(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is important to restorincrease confidence in the Single Market at all levels and to eliminate existing barriers to enterprises entering business; whereas high administrative burdens discourage new entrepreneurs,
Amendment 32 #
2010/2277(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas, with a view to creating a common internal market for businesses, harmonisation and codification of European legislation within a single European legal framework, e.g. European contract law, ensures greater legal certainty for firms and consumers and is thus a vital element in enhancing the operation of the internal market,
Amendment 43 #
2010/2277(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission, with a view to further boosting growth, to simplify existing European rules by means of harmonisation and codification, and to that end to draw up an analysis of the current legal basis for businesses and consumers so as to create, in the long term, a single body of law, e.g. European contract law;
Amendment 96 #
2010/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to take the appropriate measures to enhance the confidence of businesses in e-commerce, namely by harmonizing contract law where possible and by. believes that this should take the form of harmonizing and codifying individual European rules to create a single European legal framework, e.g. European contract law, which would facilitatinge cross- border debt recovery;
Amendment 136 #
2010/2277(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to improve SMEs’ access to capital markets by increasing information available on different EU financing opportunities such as those provided by the Competitiveness and Innovation Programme, the European Investment Bank or the European Investment Fund and by making funding procedures easier, quicker and less bureaucratic;
Amendment 140 #
2010/2277(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to promote the harmonisation and codification of the individual European rules to create a single European legal framework, e.g. European contract law, which could also contribute to greater legal certainty for SMEs and consumers within the internal market;
Amendment 149 #
2010/2277(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;
Amendment 160 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;
Amendment 162 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the European Commission to include within the Single Market Act a proposal for a European retail strategy that identifies and addresses the numerous challenges faced by European businesses looking to retail their products both within the Single Market and to an international customer base. This strategy should consider the specific requirements of individual retail sectors including digital, high-street and travel retail.
Amendment 198 #
2010/2277(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to encourage the development of the business services sector and to take the necessary regulatory measures in order to protect especially SMEs from unfair commercial practices by larger enterprises in the retail sector; recalls its Resolution 2008/2126 (INI) and urges the Commission again to come up with a proposal to prevent the fraudulent practices of Misleading Business Directories;
Amendment 205 #
2010/2277(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 214 #
2010/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 26 #
2010/2111(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the high degree of imports of protein crops for animal feedpolitical restrictions on supplies of raw materials, trade distortions and greater price volatility on raw materials markets hasve made the competitiveness of the entire EU livestock sector extremely vulnerable to price volatility and trade distortionsvulnerable, reflecting the consequences of increasingly liberalised agricultural markets,
Amendment 42 #
2010/2111(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the output of Europe’s agriculture and food industry for export is substantial and therefore makes a lasting contribution to rural incomes and employment and whereas they are therefore dependent on the freest possible exchange with markets outside the Community,
Amendment 83 #
2010/2111(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
Va. whereas the efficiency with which feed protein is used depends substantially on the level of performance of livestock production and whereas intensive, resource-efficient livestock keeping and feeding procedures, which can produce a lasting increase in the conversion rate of the feed protein used, require more support,
Amendment 119 #
2010/2111(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to submit a report to Parliament on the current use of slaughter offal, swill, meat and bone meal and other animal protein sources in the Member States, including, an overview (dates etc.) of calories used, and to propose options for the treatment and use of such protein sources in biogas plants, incineration and animal feed; urges the full application of the precautionary principle in relation to the possible use of animal proteins in any kind of animal feed;
Amendment 122 #
2010/2111(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission, in recognition of the current TSE Roadmap, to pursue further the plans to relax the ban on feeding, without prejudice to the precautionary principle and strict channelling of feed to avoid cross- contamination, and as a precondition to accelerate progress towards safe methods of analysis to differentiate between species-specific animal proteins;
Amendment 9 #
2010/2054(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in future, as a result of demographic change, emigration and a general decrease in the proportion of women in the population of many rural areas, it will either not be possible, with existing infrastructure, to ensure adequate local provision of goods and essential everyday services, basic medical treatment and care, pre-school education, schooling and vocational and academic education and further training or adequate cultural and leisure provision, or else the structures for such provision will collapse under economic pressures,
Amendment 49 #
2010/2054(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists on the fact that the wide range of rural businesses, including service- orientated businesses (e.g. farm tourism, direct marketing, social services such as care of the elderly and childcare, learning on farms within the context of all-day schooling), underpins service provision in rural areas and should be supported in a sustainable way via the CAP; calls, therefore, for such services to be supported via the CAP, both opening up new prospects and paid employment opportunities for women and significantly facilitating the reconciling of family life and work;
Amendment 9 #
2010/2053(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Directive's impact on the economy, businesses and citizens cannot be evaluated until it has been fully and properly transposed in all of the EU Member States,
Amendment 26 #
2010/2053(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that the Member States can maintain their authorisation schemes and certain requirements if the latter are non- discriminatory, necessary and proportionate; emphasises that in this connection the Member States have maintained a number of authorisation schemes by making them more accessible and more transparent to service providers; Regrets that some Member States have not fully used the potential of the Services Directive in terms of administrative and regulatory simplification;
Amendment 42 #
2010/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to continue improving the accessibility of PSCs and the quality and relevance of the information given to service providits users; calls on the Commission and the Member States to ensure that theall information givenprovided by PSCs is also available in several languaglanguages other than national, taking into consideration especially the languages of neighbouring countries;
Amendment 49 #
2010/2053(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Member States to enhance the availability of electronic completion of procedures, including a translation of all relevant forms; calls on the Members States to offer tracking facilities for PSC users enabling them to check the progress of ongoing procedures;
Amendment 50 #
2010/2053(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Recognizes the problems encountered with the functioning of the PSC related to proving of the identity, use of e-signatures, submission of original documents or certified copies, especially in the cross - border context; asks the Commission to propose measures to resolve these issues in order to enable SMEs to benefit from the single market and avoid any legal and technical uncertainties;
Amendment 51 #
2010/2053(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Stresses that it is particularly important with a view to user - friendliness to clarify which requirements apply to the permanent establishment of a business as opposed to the temporary cross-border provision of services;
Amendment 53 #
2010/2053(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the PSCs are still barely known by service providers; calls on the Commission and the Member States to launch information campaigns as soon as possible directed at all those concerned, in cooperation with business organisations to launch well targeted information and communications campaigns as soon as possible; calls on the Commission and the Member States to improve the visibility and recognisability of the eu-go domain;
Amendment 61 #
2010/2053(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to provide the statistical and comparable data required to evaluate the workfunctioning of the PSCs and their impact at national and European level;
Amendment 63 #
2010/2053(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Considers that points of single contacts should be continuously improved and developed into comprehensive e- government centres for businesses and citizens; underlines that it is crucial that PSCs allow for the electronic completion of all required administrative procedure including those related to taxation such as application for VAT number and those related to social security registration;
Amendment 71 #
2010/2053(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the need to develop training schemes for the officials of national and regional administrations responsible for monitoring services; recognises the efforts Member States have already taken to that effect and calls on Member States to further consolidate the national IMI networks by continuously monitoring its practical working and ensuring adequate training; recalls that the sustainable success of IMI depends on adequate investment at Community level; therefore calls on the Commission to set up a multiannual programme for that purpose;
Amendment 75 #
2010/2053(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes the difficulties encountered in some Member States with precisely defining the scope of the exclusions provided for by the Directive, particularly concerning social services and health services; pointat the majority of Member States did not encounter significant problems during the implementation of the Services Directive with regards to its scope; Notes the discussions in some Members States outn that suche services were excluded because of their specific nature and that they require a sectoral Community legislative frameworkfrom the scope of the Directive;
Amendment 6 #
2010/2052(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas advertising is an important source of funding for a dynamic, competitive and independent media landscape in Europe,
Amendment 7 #
2010/2052(INI)
Motion for a resolution
Recital B
Recital B
Amendment 9 #
2010/2052(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is still necessary to combat unfair commercial practices are still common in the advertising field in order to avoid having a negative impact on the internal market and on consumers,
Amendment 60 #
2010/2052(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. EncourageSupports co-regulation or consultation processes, whereby the various stakeholders are involved in legislative developments;
Amendment 62 #
2010/2052(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deplores the development of ‘hidden’ internet advertising that is not covered by the UCPD (C2C relationships),, e.g. in the form of comments posted on social networks, forums and blogs, in which business operators purport to be consumers and the content of which is difficult to distinguish from mere opinion, although these are already covered by the Unfair Commercial Practices Directive;
Amendment 97 #
2010/2052(INI)
Motion for a resolution
Paragraph 16 – indent 8
Paragraph 16 – indent 8
Amendment 112 #
2010/2052(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to conduct a detailed analysis of the impact of misleading and aggressive advertising on vulnerable consumers, in particular children and adolescents, and to guarantee the proper application of the relevant laws on the protection of children and adolescents;
Amendment 12 #
2010/2021(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes, however, that the vast majority of situations requiring the speedy adoption of delegated acts could be dealt with by a flexible procedure for early non-objection which would provide that the period for expressing an objection may be shortened by Parliament and the Council, following a request by the Commission in duly justified cases;
Amendment 30 #
2010/2021(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Commission to present as a matter of priority the legislative proposals needed to adapt the acquis to the provisions of Articles 290 and 291 TFEU; considers, in respect of Article 290 TFEU, that this alignment should not be limited to those measures previously dealt with under the regulatory procedure with scrutiny but should cover all appropriate measures of general scope independently of the decision-making procedure or comitology procedure applicable to them prior to the entry into force of the Treaty of Lisbon; insists that the first priority must be to adapt the acquis in policy areas which, prior to the entry into force of the Treaty of Lisbon, were not subject to the codecision procedure; calls for them to be dealt with on a case-by-case basis to ensure that, in particular, all appropriate measures of general scope which were previously adopted under Articles 4 and 5 of Decision 1999/468/EC are defined as delegated acts;
Amendment 32 #
2010/2021(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
(17a) Stresses, as a fundamental principle, that the final decision as to whether an act is a delegated act or an implementing act should be taken by Parliament and the Council alone when adopting the basic act; calls on the Commission, therefore, to conduct informal talks with the relevant European Parliament committees before drawing up legislative proposals relating to the adaptation of the acquis;
Amendment 34 #
2010/2021(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to present as a matter of urgency aNotes the legislative proposal based on Article 291(3) TFEU setting out the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers; stresses that Parliament should retain aits right of information concerning implementing acts, inasmuch as this would enable it to control their legality and its right to control their legality; stresses that Parliament and the Council, as coequal legislators, should have equal access to all information relating to implementing acts;
Amendment 74 #
2010/2012(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to simplify and streamline measures on electric and electronic waste, cross-border management of copyright levies on blank media and recording devices, the EU-wide licensing of content, and EU rules governing cross- border electronic invoicing ('e- invoicing') for distance selling;
Amendment 27 #
2010/0252(COD)
Proposal for a decision
Recital 3
Recital 3
(3) The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport and energy. In no circumstances should current spectrum rights holders’ concerns about their possible entitlements delay the necessary reforms.
Amendment 30 #
2010/0252(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The first programme should specify guiding principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies. Special national arrangements for spectrum use must be avoided, so as to prevent obstructive effects on European markets, although decisions to award usage rights should continue to be taken at national level and with regard to existing national business models.
Amendment 34 #
2010/0252(COD)
Proposal for a decision
Recital 9
Recital 9
(9) As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users receive undue competitive advantages. Award conditions should be framed so as to permit a level playing field in competition with regard to coverage and not hinder newcomers from entering the market. New technologies, likewise, should not be disadvantaged simply because they are available on the market at a later date. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore take appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9 paragraph 7 of the Framework Directive, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC (the "Authorisation" Directive) and Article 1(2) of Directive 87/372/EEC (the "GSM" Directive).
Amendment 43 #
2010/0252(COD)
Proposal for a decision
Recital 13
Recital 13
(13) TIn addition to the opening of the 900 MHz band in the near future, in line with the amended "GSM" Directive and in such a manner as to promote competition, the 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights. In addition, rapid implementation of the "GSM" Directive, in accordance with the principles of competition, is of key importance.
Amendment 44 #
2010/0252(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The 800 MHz band is optimal for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Decision 2010/267/EU, and on Commission Recommendation of 28 October 2009 calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. In the longer term, additional spectrum below 790 MHz could also be envisaged, depending on experience and the lack of spectrum in other bands adequate for coverage. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations should be attached to rights. In addition, rapid implementation of the "GSM" Directive, in accordance with the principles of competition, is of key importance.
Amendment 58 #
2010/0252(COD)
Proposal for a decision
Article 2 – point a
Article 2 – point a
(a) encouraging efficient use of spectrum to best meet the increasing demand for use of frequencies; this shall be based on observance of the principles of flexibility, effective use of frequencies in line with needs, ensuring a level playing field and non-discriminatory competition, and safeguarding national specificities in relation to business models;
Amendment 59 #
2010/0252(COD)
Proposal for a decision
Article 2 – point c
Article 2 – point c
(c) applying the least onerous non- discriminatory authorisation system possible in such a way as to maximise flexibility and efficiency in spectrum usage;
Amendment 61 #
2010/0252(COD)
Proposal for a decision
Article 3 – point a
Article 3 – point a
(a) make sufficient appropriate spectrum available in a timely manner to support Union policy objectives, particularly to support the objectives of prioritisation in broadband provision and guaranteeing competition, notably through implementation of the "GSM" Directive in the near future;
Amendment 72 #
2010/0252(COD)
Proposal for a decision
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. The measures provided for in paragraph 1 shall be taken in addition to the opening of the 900 MHz band in the near future, in line with the amended "GSM" Directive and in such a manner as to promote competition. Such measures must be taken in a non-discriminatory manner and may not distort competition to the advantage of operators already dominant in the market.
Amendment 75 #
2010/0252(COD)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that authorisation and selection procedures avoid delays and discrimination and promote effective competition.
Amendment 18 #
2010/0051(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Commission should examine the existing body of EU law and without delay submit the necessary legislative proposals for its alignment with the provisions of the Treaty of Lisbon and in particular with Articles 290 and 291 of the Treaty on the Functioning of the European Union.
Amendment 22 #
2010/0051(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Decision 1999/468/EC shall be repealed. on 1 December 2010.
Amendment 153 #
2009/2236(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that rural development is now an integral part of the CAP architecture; continues, therefore, to call for a well equipped second pillar, with its focus on the rural communities, milieu, with a view to improving the environment, modernising and restructuring agriculture and, improving product marketing and competitiveness, and maintaining employment and creating new jobs in the countryside;
Amendment 154 #
2009/2236(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the structure of the Common Agricultural Policy, with two clearly defined pillars, has proved its worth; calls for a two-pillar model, each pillar with its own adequately guaranteed financial framework, to be retained in the future;
Amendment 250 #
2009/2236(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that a strong European Common Agricultural Policy is needed to ensure that EU farmers remain competitive on the world market against well subsidisedeven in the face of trade-distorting measures by trading partners; believes that the EU cannot afford to rely on other parts of the world to provide for European food security in the context of climate change, political instability in certain regions of the world and potential outbreaks of diseases or other events potentially detrimental to production capacity;
Amendment 356 #
2009/2236(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that agriculture is well placed to make a major contribution to delivering the new EU 2020 Strategy priorities of tackling climate change and creating new jobs through green growth and supplying renewable energy whilst at the same time continuing to provide food security for European consumers by producing safe and high-quality food products;
Amendment 361 #
2009/2236(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls for the two-pillar model of the CAP to be maintained beyond 2013; considers that this structure of the CAP, like the present range of measures under Pillar 2, provides a suitable basis for overcoming future challenges;
Amendment 371 #
2009/2236(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Insists that EU agriculture must remain competitive against fierce competition fromtrade-distorting measures of well-subsidised trade partners; therefore believes that competitiveness should still be a fundamental objective of the CAP post-2013 to ensure that the EU has the raw materials to produce high- value European food products and they continue to win a greater share of the world market, as well as ensuring fair trade for farmers;
Amendment 421 #
2009/2236(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls for a fairer distribution of CAP payments and insists that it should be fair to farmers in both new and old Member States;
Amendment 436 #
Amendment 471 #
2009/2236(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Notes that the market fails to reward farmers for protecting the environment; therefore believes that the CAPfarmers must become greener by incentivising farm given suitable financial compensation if the CAP becomes more environment- focused, in orders to maximisimprove the delivery of eco-system services toand further improve the sound environmental resource management of EU farmland;
Amendment 491 #
2009/2236(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Believes that the new CAP must be simple to administer and reduce red tape and administrative burdens on farmers by moving towards the use of delivery tools such as outcome agreements and simple contracts; at the same time points out that, particularly for smaller producers, the bureaucratic burden is disproportionate, so that it would be worth developing a simplified contribution system in Pillars 1 and 2, without jeopardising targets;
Amendment 517 #
2009/2236(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Recognises the wide range of new priorities for the CAP and notes that the new Member States'’ expectation when they joined the European Union was that CAP support would, over time, reach parity with old Member Statesequal participation in the CAP; therefore calls for the 2013 CAP budget amount to be at least maintained post-2013 ifso that the EU is tocan meet its current commitments and successfully deliver the new priorities;
Amendment 541 #
2009/2236(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Insists that the CAP should not be renationalised and therefore believes that core direct support under Pillar 1 should remain fully financed by the EU budget, hence rejecting any further co-financing under Pillar 1 which could harm fair competition within the EU Single Market;
Amendment 549 #
2009/2236(INI)
Motion for a resolution
Paragraph 48 – introductory part
Paragraph 48 – introductory part
48. Calls for a fairn objectively-targeted distribution of CAP funds to farmers across the EU; recalls that to respect the diversity of farming in the EU, objective criteria must be found in order to define a fair system of distribution: n objectively-targeted system of distribution: it should be pointed out that direct payments are a way of contributing to income guarantees and risk-hedging for farmers, offsetting the socially desirable high standards in the EU and the continuing reduction of tariff barriers, and providing remuneration for social agricultural activities which receive no market compensation; finds that the level of economic development, which is very different across the Member States, must also be taken into account;
Amendment 563 #
2009/2236(INI)
Motion for a resolution
Paragraph 48 – point 1
Paragraph 48 – point 1
(1) Believes that in order to reduce the disparities in the distribution of direct support funds between Member States, the hectare basis alone will not be sufficient and, therefore, calls for additional objective criteria such as a purchasing power coefficient to be used toto be used to provide an overview and achieve an overall balanced distribution;
Amendment 573 #
2009/2236(INI)
Motion for a resolution
Paragraph 48 – point 1 a (new)
Paragraph 48 – point 1 a (new)
(1 a) Rejects any form of reallocation of appropriations from direct payments to Pillar 2 (modulation, degression according to farm size);
Amendment 576 #
2009/2236(INI)
Motion for a resolution
Paragraph 48 – point 2
Paragraph 48 – point 2
(2) Calls for fair and objective criteria to be clearly defined for the allocation of funds for important rural development objectives; calls also for Pillar 2 to be adhered to so that these objectives may be implemented and financed;
Amendment 585 #
2009/2236(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that, in the interest of simplification, clarity and a common approach, funding for each of the five building blocks of the CAP must be agreed from the start of the reform;
Amendment 628 #
2009/2236(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
55. Identifies the need for fivecentral key building blocks, namely: such as Food Security and Fair Trade, Sustainabilitincluding protection of European standards, Sustainability and Renewable Energy, Agriculture across Europe, Biodiversity and Environmental Protection, and Green Growth, to achieve a fairer, greener and more sustainable CAP;
Amendment 677 #
2009/2236(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Believes that, an EU-funded top-up direct area payment should be made available to farmers through simple contracts rewarding them for reducing their carbon emissions per unit of production and increasings well as voluntary measures under their sequestration of carbon; notes that this would have the double benefit of making EU agriculture more environmentally and economically sustainable through improved efficiency and would also ensure that farmers can financially benefit from increased carbon sequestration on their land and put them on the same footing as other industries which are in the EU ETS; calls for clear and measurable criteria and targets to be defined appropriately to allow these payments to be implemented as soon as possiblecond pillar, farmers should be offered additional incentives to reduce greenhouse gases;
Amendment 684 #
2009/2236(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for the continuation of specific measures under the second pillar of the CAP to compensate farmers producing in areas with natural handicaps in order to ensure that agricultural activity takes place and local food is produced across the EU, reducing the threat of land abandonment and ensuring balanced territorial management across the EU; considers that this support scheme should remain co- financed as it currently is;
Amendment 703 #
2009/2236(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Believes that the CAP, under the second pillar, needs to further incentivise biodiversity and environmental protection measures by providing the opportunity for the vast majority of agricultural land to be covered by agri- environmental schemes to reward farmers for the delivery of additional eco-system services, while other measures beneficial to the environment such as organic farming projects, the sustainable use of forests, water and soil, and the development of high natural value farming should also be encouraged; considers that all these rural development measures should remain co- financed, with an increased budget if necessary;
Amendment 756 #
2009/2236(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
Amendment 775 #
2009/2236(INI)
Motion for a resolution
Paragraph 64
Paragraph 64
64. Believes that the design and implementation of the new CAP should have simplicity, proportionality and the reduction of bureaucracy at its heart and, therefore, calls on the Commission to use outcome agreements, simple contracts and territorial contracts where appropriate;
Amendment 75 #
2009/2202(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes with great satisfaction the progress which has been made in the Animal Welfare Quality Project, as regards new science and knowledge relating to animal healthwelfare indicators;
Amendment 103 #
2009/2202(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is particularly concerned that, despite the clear recommendations and conclusions issued by the European Food Safety Authority (EFSA) in this regard, many pig farmers in Europe are violatingnot complying with the provisions of Directive 2008/120/EC of 18 December 2008 laying down minimum 1 2 OJ L 47, 18.2.2009, p. 5-13. OJ L 47, 18.2.2009, p. 5-13. standards for the protection of pigs, and calls on the Commission, therefore, to devise without delayissue practical recommendations and/or guidelines on the implementation of the directive and devise a strategy to increase compliance with ithis Directive;
Amendment 162 #
2009/2202(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that this general animal welfare legislation, which should be accompanied by individual legal acts concerning specific species of animal, must include suitable guidelines on responsible keeping of animals, a commonuniform system for monitoring and to gather comparable data, as well as requirements relating to basic know-how on the part of handlers of animals and provisions establishing the particular responsibilities of animal owners, farmers and keepers;
Amendment 190 #
2009/2202(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recommends in this context that the principle should be that all claims concerning a product's characteristics, in particular the animal welfare requirements fundamental to the classification of a product (along the lines of the labelling for eggs: e.g. '2' = free range) must be provable and that if this entails excessively detailed information, which cannot be accommodated on the label, producers or vendors should afford access to the information on the Internet;
Amendment 201 #
2009/2202(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 257 #
2009/2202(INI)
Motion for a resolution
Heading 4
Heading 4
European centre for animal welfare and animal health
Amendment 273 #
2009/2202(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that a European centre for animal welfare and animal health should be established no later than 2012, whose work should be based on the general animal welfare legislation proposed above;
Amendment 287 #
2009/2202(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that such a centre should comprise the 'central coordination institute' referred to in the aforementioned Commission communication of 28 October 2009; points out that existing buildings in a livestock-farming region of European importance which would provide suitable premises for an animal welfare centre should be considered as a matter of priority, in particular as this would also reduce costs;
Amendment 302 #
2009/2202(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers furthermore that, having regard to Article 13 of the Treaty on the Functioning of the European Union, such a centre should, inter alia, be assigned the tasks of assessing and stating views on future legislative and policy proposals and their impact on animal welfare and animal health, defining and assessing, drawing up, in cooperation with the national centres, rules on acceptable animal welfare standards on the basis of the latest available knowledge, providing training and information about animal welfare and animal health, and coordinating an EU system for testing new techniques;
Amendment 325 #
2009/2202(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission as soon as possible to perform comprehensive inspections to ascertain how the Member States are applying and enforcing existing animal welfare rules, particularly concerning animal transport and pigs farming, and if necessary to propose in 2012 at the latest recommendations, guidelines and other necessary measures to tackle problems;
Amendment 335 #
2009/2202(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the aim must be a purposeful, risk-based monitoring system in which objective factors such as mortality statistics and slaughterhouse findings (e.g. lung findings in the case of fattening pigs or foot-pad health findings in the case of fattening poultry) the use of antibiotics are central;
Amendment 360 #
2009/2202(INI)
Motion for a resolution
Heading 6
Heading 6
Amendment 369 #
2009/2202(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 378 #
2009/2202(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 387 #
2009/2202(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 399 #
2009/2202(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 409 #
2009/2202(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 7 #
2009/2155(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the objective should be to reduce the administrative costs of the CAP, both direct and indirect,
Amendment 52 #
2009/2155(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that the Member States should have the option, in rural development plans, to introduce a flat-rate land parcels scheme, particularly for small farms, on condition that compliance with the obligations entered into is guaranteed;
Amendment 57 #
2009/2155(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the principle of cross- compliance should be maintained as one of the key concepts of CAP direct payments, but that strong simplification is recommended, without reducing their effectiveness;
Amendment 63 #
2009/2155(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need for the CAP to be simpler, more transparent and more equitable; in this respect a single flat rate payment would be preferable;
Amendment 78 #
2009/2155(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for the possibility of autonomous error correction which would allow recipients of payments who unintentionally broke the rules to inform the authorities without becoming liable to fines as a result;
Amendment 97 #
2009/2155(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that the fundamental objective of checks is to encourage farmers to comply more fully with the law and that yearly CC controls for statutory management requirements (SMR) shcould be reduced, or even abolished, if there have only been a few infringements in recent years;
Amendment 102 #
2009/2155(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises that the requirement for follow-up checks in relation to small infringements (triviality limit) should be abolishedreduced to random samples;
Amendment 132 #
Amendment 143 #
2009/2155(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 157 #
2009/2155(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 198 #
2009/2155(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 206 #
2009/2155(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 226 #
2009/2155(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 228 #
2009/2155(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Considers that for sheep and goats, as for pigs, herd identification is sufficient;
Amendment 40 #
2009/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. iIs in favour of allowing stakeholders to develop marketing standards on their own, within trade associations and organisations such as the CEN (European Committee on Standardisation); however these standards should only be supplementary and must not conflict with European rules; takes the view that the industry’s own marketing standards should be monitored exclusively by its own monitoring systems, including the application of penalty schemes;
Amendment 71 #
2009/2105(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. wWishes to see legislation for ‘place of farming’ labelling in place also for processed foods, taking account of the main raw materials used;
Amendment 104 #
2009/2105(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. cCalls for the mandatory provision of information through labelling (and all other means available) with regard to the ‘place of farming’ of raw materials, where this is different from the place indicated by the geographical indication and toindication of the name of the producer when the product is marketed under the private trade name of a retailer;
Amendment 26 #
2009/0054(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In the interest of consistency of Community legislation, the definition of “contracting authorities” in Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts should apply for the purposes of this Directiveand Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors1 should apply for the purposes of this Directive. However, the definition of “public authority” should not cover public undertakings as defined in Directive 2004/17/EC. _____ 1 OJ L 134, 30.4.2004, p. 1.
Amendment 30 #
2009/0054(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In addition to an entitlement to payment of a fixed sum to cover internal recovery costs, creditors should also be entitled to reimbursement of the other recovery costs they incur as a result of late payment by a debtor, costs which should include, in particular, those incurred by creditors in instructing a lawyer or employing a debt collecting agency. Creditors should also be able to claim costs incurred in making use of an overdraft facility.
Amendment 45 #
2009/0054(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Late payment is particularly regrettable if it occurs despite the debtor’s solvency. Surveys show that in some Member States public authorities often pay invoices very late after expiration of the applicable payment period. Public authorities may face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streams than private undertakings. At the same time, they depend less than private undertakings on building stable commercial relationships for the achievement of their aims. Consequently, public authorities may have less incentive to pay on time. In addition, many public authorities can obtain financing at more attractive conditions than private undertakings. Therefore, late payment by public authorities not only leads to unjustified costs for private undertakings, but to inefficiency in general. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authorities.
Amendment 62 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “public authority” means any contracting authority, as defined by Directive 2004/18in Article 1(9) of Directive 2004/18/EC and in Article 2(1)(a) of Directive 2004/17/EC;
Amendment 75 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
(6) “statutory interest” means simple interest for late payment at a rate which is the sum of the reference rate, plus at least sevennine percentage points;
Amendment 117 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain EUR 20 from the debtor any of the following amounts: (a) for a debt of less than EUR 1 000, a fixed sum of EUR 40; (b) for a debt of EUR 1 000 or more, but less than EUR 10 000, a fixed sum of EUR 70; (c) for a debt of EUR 10 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payable.
Amendment 131 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Unless the debtor is not responsible for the delay, the creditor shall, in addition to the amounts set out in paragraph 1, be entitled to obtain reasonable compensation from the debtor for all remaining recovery costs incurred through the latter’s late payment. The other costs include in particular the costs incurred by the creditor arising from late payment as a result of instructing a lawyer, employing a debt collecting agency or making use of an overdraft facility.
Amendment 185 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 1 #
2008/2180(INI)
Motion for a resolution
Citation 5
Citation 5
– having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0000/2008),
Amendment 2 #
2008/2180(INI)
Motion for a resolution
Recital A
Recital A
Amendment 3 #
2008/2180(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A. whereas Regulation (EC) No 1206/2001 has not been enforced as effectively as it might have been, and further action is therefore needed in order to improve cooperation among the Member States’ courts for the purposes of taking evidence and enhance the efficiency of the regulation,
Amendment 4 #
2008/2180(INI)
Motion for a resolution
Recital C
Recital C
Amendment 5 #
2008/2180(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Commission has taken steps to ensure that the Regulation is better known to practitioners badmittedly arranginged for the distribution of 50 000 copies in all of the practice guide to Member States in late 2006/early 2007, but this was done much too late, and other steps accordingly need to be taken in addition so as to enable those involved in proceedings, especially courts and practitioners, to be better informed about the regulation,
Amendment 6 #
2008/2180(INI)
Motion for a resolution
Recital F
Recital F
F. whereas in considerably more than half of theonly a few Member States now have facilities for video- conferencing are not yet available and the Commission notes that modern means of communication are ‘still used rather rarely’, which are consequently not being sufficiently used; whereas, in addition, Member States are not doing enough to introduce modern communication technology, and nor is the Commission proposing any specific remedies on that point,
Amendment 7 #
2008/2180(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 8 #
2008/2180(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Condemns the late submission of the above-mentioned Commission report, which, according to Article 23 of Regulation (EC) No 1206/2001, should have been submitted by 1 January 2007, but in fact was not submitted until 5 December 2007;
Amendment 9 #
2008/2180(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the fact that in considerably more than half of themany Member States facilities for video- conferencing are not yet available, together with the Commission’s finding that modern means of communication are ‘still used rather rarely’, confirms the wisdom of the plans for the European e-Justice strategy recently recommended by Parliament’s Legal Affairs Committee, and urges Member States to put more resources into installing modern communications facilities in the courts and training judges to use them, and calls on the Commission to produce specific proposals aimed at improving the current state of affairs;
Amendment 11 #
2008/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes with considerable concern the Commission’s finding that the 90-day time-limit for complying with requests for the taking of evidence, as laid down in Article 10(1) of the Regulation, is exceeded in a ‘significant number of cases’ and that ‘in some cases even more than 6 months are required’; congratulates the newly acceded Member States on the fact that they are tending to satisfy this requirement and considers that the best way of ensuring that the 90-day time frame for the execution of requestalls on the Commission to submit specific proposals ias complied with is for national Justice Ministries to promote the distribution of the practice guide over and above the 50 000 copies distributed in late 2006/early 2007, together with the organisation of training and demonstrations of new technology, while closely monitoring the application of the Regulation in their jurisdictions and ensuring that assistance is provided to courts where necessaryquickly as possible on measures to remedy this problem, one option to consider being a complaints body or contact point within the European Judicial Network;
Amendment 12 #
2008/2180(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Criticises the fact that, by concluding that the taking of evidence has been improved in every respect as a result of Regulation (EC) No 1206/2001, the Commission report presents an inaccurate picture of the situation; calls on the Commission, therefore, to provide practical support, inter alia in the context of the e-Justice strategy, for the efforts which it admits are necessaryand make greater efforts in order to realise the true potential of the Regulation for improving the operation of civil justice for citizens, businesses, practitioners and judges;
Amendment 5 #
2008/2133(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned about the lack of transparency involvedCalls for clarification in the negotiation of ACTA, especially with regard to its scope, the range of measures discussed, and its relation to existing international agreements on intellectual property protection, notably the Agreement on Trade-Related Aspects of Intellectual property Rights (TRIPS) and the agreements concluded within the framework of the World Intellectual Property Organization (WIPO);
Amendment 8 #
2008/2133(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. ConsiderRecalls that the EC Treaty does not provide a legal basis for Community measures prescribing the nature and level of criminal penalties and that, accordingly, the Community has no competence to negotiate on behalf of the Community an international agreement which specifies the nature and level of criminal-law measures to be taken against trademark and copyright violatorincludes derogations where the negotiation and conclusion of agreements in the field of commercial aspects of intellectual property relates to trade in cultural and audiovisual services; points out that, in such instances, the negotiation and conclusion of agreements falls within the shared competence of the Community and its Member States; further points out that, in addition to a Community decision taken in accordance with the relevant provisions of the EC Treaty, the negotiation of such agreements requires the common accord of the Member States and agreements negotiated in this way must be concluded jointly by the Community and the Member States;
Amendment 15 #
2008/2133(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 17 #
2008/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Takes the view that the public interest in disclosure of ACTA preparatory drafts, including progress reports, and of the Commission's negotiating mandate should not be overridden by Article 4 of 1 OJ L 281, 23.11.1995, p. 31. 2 Article 3(2) states that “those measures, procedures and remedies (...) shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse”. Regulation (EC) No 1049/200112, and urges the Council to enforce Article 255 of the EC Treaty in such a way as to ensure the widest possible access to documents, provided that the necessary security measures are taken as required by data- protection law.
Amendment 12 #
2008/2096(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 266 #
2008/0196(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the trader is an occasional distance seller or that he uses an organised scheme run by a third party such as an online platform, should not deprive consumers of their protection . Similarly, a transaction negotiated face to face between the trader and the consumer away from business premises should be a distance contract, if the contract has then been concluded through the exclusive use of means of distance communication, such as the Internet or telephone. For traders, a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition.Does not affect English version.)
Amendment 399 #
2008/0196(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 530 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. This Directive shall be without prejudice to provisions in Member States' laws relating to the sale, acquisition or transfer of ownership of immovable property or to the formulation, acquisition or transfer of rights to ownership of immovable property.
Amendment 781 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. If a distance contract for services concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the trader has (a) made the consumer aware in a clear and highly visible manner of the total price, including all related price components, and (b) designed his website in such a way that a binding order cannot be placed until the consumer has confirmed that he has read and understood the statement required under letter (a).
Amendment 976 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(ca) services tailored to the consumer's personalised requirements or wishes and requiring the entrepreneur to make individual arrangements which he can make no other use of;
Amendment 1032 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) for the sale of immovable property or relating to other immovable property rights, except for rental and works relating torelating to the sale or acquisition of immovable property or to the formulation or transfer of immovable property rights or in connection with the sale of immovable property or with the formulation or transfer of immovable property rights. This shall in particular include agreements connected with such legal acts, especially purchases from a property developer or leasing. This shall be without prejudice to the application of this Directive to contracts on immovable property rental only or on immovable property works only;
Amendment 1458 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumer.
Amendment 27 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
(11) A first accompanying transitional measure should be that phonogram producers are under an obligation to set aside, at least once a year, at least 20 percent of the net revenues from the exclusive rights of distribution, reproduction and making available of phonograms which, in the absence of the extension of the term of protection as a result of lawful publication or lawful communication, would be in the public domain.
Amendment 40 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) A second accompanying transitional measure should be that rights in the fixation of the performance should revert to the performer if a phonogram producer refrains fromno longer offerings for sale in sufficient quantity copies of at least one version of a phonogram which, but for the term extension, would be in the public domain or from makingno longer makes at least one version of such a phonogram available to the public. In such an instance, the performer may call on the phonogram producer to do so and, if the phonogram producer does not comply within a reasonable period, the performer may terminate the assignment of the rights in the fixation of that performance. As a consequence, the rights of the phonogram producer in theat phonogram should expire, in order to avoid a situation in which these rights would coexist with those of the performer in the fixation of the performance whilst the latter rights are no longer transferred or assigned to the phonogram producer.
Amendment 78 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 1
Article 10a – paragraph 4 – subparagraph 1
4. The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the net revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year.
Amendment 93 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
6. If, after the moment at which, by virtue of Article 3(1) and (2) in their version before the amendment by Directive [//insert: Nr of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases tono longer offers copies of at least one version of the phonogram for sale in sufficient quantity or to make its available to the public, by wire or wireless means, at least one version of the phonogram, in such a way that members of the public may access ithem from a place and at a time individually chosen by them, the performer may terminate the contract or transfer the assignmentcall on the producer to do so. If the producer does not comply within a reasonable period the performer may terminate the assignment of rights in that phonogram. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 and 2, the rights of the phonogram producer in theat phonogram shall expire.
Amendment 13 #
2008/0149(COD)
Proposal for a regulation
–
–
The European Parliament rejects the Commission’s proposal.
Amendment 169 #
2008/0130(CNS)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Amendment 51 #
2008/0098(COD)
Council position
Recital 8 a (new)
Recital 8 a (new)
(8a) The activities of contractors should not fall within the scope of this Regulation. The erection of construction works is a service and not the placing on the market of a product by a manufacturer. Construction activities may in specific cases include individually manufactured or custom-made parts of the construction work, which are then incorporated into the construction work by the contractor.
Amendment 52 #
2008/0098(COD)
Council position
Recital 15
Recital 15
(15) Threshold levels determined by the Commission pursuant to this Regulation should be generally recognised values for the essential characteristics of the construction product in question with regard to the provisions in Member Statesshould ensure a high level of protection within the meaning of Article 114 TFEU.
Amendment 66 #
2008/0098(COD)
Council position
Recital 50 a (new)
Recital 50 a (new)
(50 a) Wherever possible, uniform European provisions should be laid down for establishing compliance with the basic requirements set out in Annex I.
Amendment 74 #
2008/0098(COD)
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
1. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.
Amendment 76 #
2008/0098(COD)
Council position
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, shall be provided only if included and specified in the declaration of performance.
Amendment 84 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
a) the construction product is individually manufactured or custom-made in a non- series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is responsible for the safe incorporation of the product into the construction works, in compliance with the applicable national rules and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable national rules for a single identified construction work;
Amendment 85 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 88 #
2008/0098(COD)
Council position
Article 5 –point c
Article 5 –point c
(c) the construction product is manufactured in a traditional mannermanner appropriate to heritage conservation and in a non- industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable national rules.
Amendment 98 #
2008/0098(COD)
Council position
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) where applicable, the performance of the construction product, by levels or classes, or in a description or based on a calculation, in relation to its essential characteristics determined in accordance with Article 3(3);
Amendment 100 #
2008/0098(COD)
Council position
Article 6 – paragraph 3 – point e
Article 6 – paragraph 3 – point e
Amendment 106 #
2008/0098(COD)
Council position
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. A copy of tThe declaration of performance shall be supplied with each product which is made available on the markemust be available at all times in electronic form for each product which is made available on the market. The manufacturer shall supply the declaration of performance in hard copy only if the recipient requests it.
Amendment 108 #
2008/0098(COD)
Council position
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 109 #
2008/0098(COD)
Council position
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 112 #
2008/0098(COD)
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 122 #
2008/0098(COD)
Council position
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The CE marking shall be followed by the two last digits of the year in which it was first affixed, the name or the identifying mark and the registered address of the manufacturer, the unique identification code of the product-type, the reference number of the declaration of performance, the level or class of the performance declared, the reference to the harmonised technical specification applied, the identification number of the notified body, if applicable, and the intended use as laid down in the harmonised technical specification applied and the address of the website on which the declaration of performance can be accessed.
Amendment 132 #
2008/0098(COD)
Council position
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Where European Assessment Documents already exist, the organisation of TABs pursuant to Article 31(1) shall have the following purposes: (a) updating in accordance with the state of the art at appropriate intervals; (b) combining the European Assessment Documents which have been produced for individual products into a new European Assessment Document covering a whole product family.
Amendment 136 #
2008/0098(COD)
Council position
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 150 #
2008/0098(COD)
Council position
Article 37
Article 37
Amendment 154 #
2008/0098(COD)
Council position
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 157 #
2008/0098(COD)
Council position
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 163 #
2008/0098(COD)
Council position
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63, and the Commission shall deal with them after consulting the committee provided for in Article 64:
Amendment 166 #
2008/0098(COD)
Council position
Annex I – paragraph 1
Annex I – paragraph 1
Construction works as a whole and in their separate parts must be fit for their intended use. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life. The essential product characteristics and the methods and criteria for ascertaining product performances with reference to the basic requirements laid down in this annex shall be determined in the Technical Specifications. Wherever possible, harmonised European rules (e.g. ‘Eurocodes’) shall be used to show that the basic requirements are met.
Amendment 175 #
2008/0098(COD)
Council position
Annex II – part 5 – title
Annex II – part 5 – title
5. Commission participationParticipation by the Commission and the manufacturer
Amendment 176 #
2008/0098(COD)
Council position
Annex II – part 5 – paragraph 1
Annex II – part 5 – paragraph 1
A Commission representative and a representative of the manufacturer may participate, as observers, toin all the parts of the execution of the work programme.
Amendment 178 #
2008/0098(COD)
Council position
Annex II – part 7 – paragraph 2
Annex II – part 7 – paragraph 2
If, within fifteen working days of receipt, the Commission communicates to the organisation of TABs its observations on the draftcopy of the European Assessment Document, the organisation of TABs shall amend the draft accordinglyexamine the observations and shall send a copy of the adopted European Assessment Document, as then amended or not, as the case may be, to the manufacturer and the Commission.
Amendment 180 #
2008/0098(COD)
Council position
Annex III – title
Annex III – title
Amendment 38 #
2008/0050(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In certain areas where the producer is not obliged to label particulars, the customer should have the possibility to request additional information. Nonetheless, the indication of the feed materials incorporated in compound feed in descending order of weight, already provides important information on compositional data. Taking into account the recent developments in Community legislation which give higher guarantees as regards in particular HACCP, traceability, strict hygiene rules and the development of Community guides to good practice for hygiene, the manufacturer should be allowed to reject the request if he considers the requested disclosure to infringe his intellectual property rightsmust comply with the request as follows: the open declaration shall apply to the three most significant feed components by weight. Should these components make up less than 60% of the weight, the open declaration shall apply to as many further feed components as are needed to reach a proportion of at least 60% of the weight. In order to ensure that his intellectual property rights are not infringed, subject to submission of appropriate proof the manufacturer will not be required to provide information about feed materials which make up less than 3% of the total weight. This would not affect the food and feed safety, since the competent authorities always have the right to get the exact percentages of all feed materials.
Amendment 39 #
2008/0050(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In certain areas where the producer is not obliged to label particulars, the customer should have the possibility to request additional information. Nonetheless, the indication of the feed materials incorporated in compound feed in descending order of weight, already provides important information on compositional data. Taking into account the recent developments in Community legislation which give higher guarantees as regards in particular HACCP, traceability, strict hygiene rules and the development of Community guides to good practice for hygiene, the manufacturer should be allowed to reject the request if he considers the requested disclosure to infringe his intellectual property rightsmust comply with the request as follows: the open declaration shall apply to the four most significant feed components by weight. Should these components make up less than 70% of the weight, the open declaration shall apply to as many further feed components as are needed to reach a proportion of at least 70% of the weight. In order to ensure that his intellectual property rights are not infringed, subject to submission of appropriate proof the manufacturer will not be required to provide information about feed materials which make up less than 3% of the total weight. This would not affect the food and feed safety, since the competent authorities always have the right to get the exact percentages of all feed materials.
Amendment 40 #
2008/0050(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In certain areas where the producer is not obliged to label particulars, the customer should have the possibility to request additional information. Nonetheless, the indication of the feed materials incorporated in compound feed in descending order of weight, already provides important information on compositional data. Taking into account the recent developments in Community legislation which give higher guarantees as regards in particular HACCP, traceability, strict hygiene rules and the development of Community guides to good practice for hygiene, the manufacturer should be allowed to reject the request if he considers the requested disclosure to infringe his intellectual property rightsmust comply with the request as follows: the open declaration shall apply to the five most significant feed components by weight. Should these components make up less than 80% of the weight, the open declaration shall apply to as many further feed components as are needed to reach a proportion of at least 80% of the weight. In order to ensure that his intellectual property rights are not infringed, subject to submission of appropriate proof the manufacturer will not be required to provide information about feed materials which make up less than 3% of the total weight. This would not affect the food and feed safety, since the competent authorities always have the right to get the exact percentages of all feed materials.
Amendment 44 #
2008/0050(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(fa) Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition;
Amendment 46 #
2008/0050(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f b (new)
Article 2 – paragraph 2 – point f b (new)
(fb) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products1; 1 OJ L 189, 20.7.2007, p. 1.
Amendment 47 #
2008/0050(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to water, either taken in directly by the animals or intentionally incorporated into feed. However, it shall apply to feed designed to be administered in water.
Amendment 50 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point -a (new)
Article 3 – paragraph 2 – point -a (new)
(-a) ‘Oral animal feeding’: the introduction of feedingstuffs into an animal’s gastrointestinal tract through the mouth with the aim of meeting the animal's nutritional needs and/or maintaining the productivity of normally healthy animals;
Amendment 52 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) ‘Compound feed’: mixture of at least two feed materials, whether or not containing feed additives, for oral animal feeding in the form of complete or complementary feed;
Amendment 53 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) ‘Complete feed’: compound feed which, by reason of its composition, is sufficient for a daily ration, as laid down in Article 2(2)(f) of Regulation (EC) No 1831/2003;
Amendment 57 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point h a (new)
Article 3 – paragraph 2 – point h a (new)
(ha) ‘Feed supplement’: feed consisting of a mixture of additives of all categories, with the exception of those listed in Chapter 3 of Annex IV to Regulation (EC) No 183/2005. In addition, it may be mixed with feed materials, but, by reason of its composition, it is not sufficient for a daily ration. Its purpose is to meet animals' temporary increased and/or special nutritional requirements. It is administered either with or separately from the daily ration or in water;
Amendment 59 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) ‘Carrier’: substance used to dissolve, dilute, disperse or otherwise physically modify a feed additive in order to facilitate its handling, application or use without altering its technological function and without exerting any technological effect themselves;
Amendment 60 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point o
Article 3 – paragraph 2 – point o
(o) ‘Batch’ or ‘lot’: unit of production from a single plant using uniform production parameters or a number of such units, when produced in continuous order and stored together. It consists of an identifiable quantity of feed and is determined towhich haves common characteristics, such as origin, variety, type of packing, packer, consignor or labelling;
Amendment 63 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point p
Article 3 – paragraph 2 – point p
(p) ‘Labelling’: attribution of any words, particulars, trade marks, brand name, pictorial matter or symbol referring to a feed byand placing this information on any medium like packaginged on any packaging, document, container, notice, label, document, ring, or collar or the internet referring to or accompanying such feed;
Amendment 66 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point q
Article 3 – paragraph 2 – point q
(q) ‘Label’: any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, impressed on, or attached to a container of feed or any medium referring to or accompanying such feed;
Amendment 67 #
2008/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point r a (new)
Article 3 – paragraph 2 – point r a (new)
(ra) 'First placing on the market': the first placing on the market of a feed after its manufacture or introduction.
Amendment 70 #
2008/0050(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) it is sound, genuineunadulterated, fit for purpose and of merchantable quality;
Amendment 74 #
2008/0050(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Manufacturers of feedThe person responsible for the first placing on the market shall make available to the authorities responsible for carrying out official controls any information concerning the composition or claimed properties of the feed they places on the market which enables the accuracy of the information given by the labelling to be verified.
Amendment 77 #
Amendment 79 #
2008/0050(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Taking into account in particular scientific evidence, technological progress, notifications under the Rapid Alert System for Food and Feed or results from official controls according to Regulation (EC) No 882/2004, the Commission shall adopt athe list in Annex IIa of materials whose placing on the market or use for animal nutritional purposes is prohibited.
Amendment 86 #
2008/0050(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. If, on the basis of available scientific and technical information, the Ccommissionttee referred to in Article 29 has reasons to believe that the use of the specific feed may not meet the particular intended nutritional purpose or may have adverse effects on animal health, human health, the environment and animal welfare, the Commission shall, in accordance with the regulatory procedure laid down in Article 29(3), forward a request for a assessment together with the dossier to the European Food Safety Authority (‘the Authority’) within three months. The Authority shall give an opinion within six months of receipt of the request. This time limit shall be extended whenever the Authority seeks supplementary information from the applicant.
Amendment 89 #
2008/0050(COD)
Proposal for a regulation
Article 11– paragraph 3
Article 11– paragraph 3
3. Where feed is offered for sale by means of distance communication as defined in Article 2 of Directive 97/7/CE of the European Parliament and of the Council the mandatory labelling particulars required by this Regulation shall appear on the information material supporrelating to the distance selling or be provided by any other appropriate means. At all events, provision of the particulars referred to in Article 15(d), (e) and (f) and Article 17(d) and (e), shall become mandatory only when the feed is delivered.
Amendment 90 #
2008/0050(COD)
Proposal for a regulation
Article 12– paragraph 1
Article 12– paragraph 1
1. The manufacturer of the feedperson responsible for the first placing on the market shall be responsible for the labelling particulars and ensure their presence and substantive accuracy.
Amendment 93 #
2008/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the person responsible for the labelling provides on request of the competent authority a scientific substantiation of the truthfulness of the claim, either via publicly available scientific evidence or through documented company research which is open to scientific review. The scientific substantiation shall be available at the time the feed is placed on the market. In order to guarantee appropriate scientific quality and uniform implementation, the Commission shall lay down guidelines concerning the requirements to be met by the scientific substantiation and its documentation. These guidelines shall also incorporate procedures for appraising the scientific substantiation by means of checks to be performed by the competent supervisory authorities. The guidelines shall be laid down in accordance with the advisory procedure referred to in Article 29(2).
Amendment 94 #
2008/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the person responsible for the labelling provides on request of the competent authority a scientific substantiation of the truthfulness of the claim, either via publicly available scientific evidence or through documented company research. The scientific substantiation shall be available at the time the feed is placed on the market. Consumers shall have the right to receive from the competent authority confirmation that the truthfulness of the claim has been scientifically substantiated.
Amendment 97 #
2008/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(ba) If the claim relates or may relate to a function of an additive on the basis of the functional groups referred to in Annex I to Regulation (EC) No 1831/2003, the presence of the additive in an effective concentration shall be regarded as sufficient substantiation of the truthfulness of the claim. If the claim relating to such a function is based on a criterion other than the presence of an additive, the appraisal of the scientific substantiation of the claim shall be carried out in accordance with Commission Regulation (EC) No 429/2008 of 25 April 2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives1. 1 OJ L 133, 22.5.2008, p. 1.
Amendment 98 #
2008/0050(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Without prejudice to paragraph 1, claims concerning optimisation of the nutrition and support or protection of the physiological conditions are permitted if they are not based on a pharmacological or immunological action.
Amendment 99 #
2008/0050(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The mandatory labelling particulars shall be given in their entirety in a prominent place on the packaging, the container or on a label attached thereto, in a conspicuous,If the feed is sold to a feed business, the purchaser shall be informed of the mandatory labelling particulars in the most appropriate manner. They shall be given in a clearly legible and indelcomprehensible manner, in at least the language or one of the official languages of the Member State in which it is placed on the market.
Amendment 101 #
2008/0050(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The mandatory labelling particulars shall be given in their entirety in a prominent place on the packaging, the container or on a label attached thereto or, where appropriate, in an accompanying document, in a conspicuous, clearly legible and indelible manner, in at least the language or one of the official languages of the Member State in which it is placed on the market.
Amendment 103 #
2008/0050(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The mandatory labelling particulars shall be easily identifiable and not be obscured by any other information. They shall be displayedIf the feed is sold to a person other than a feed business, the mandatory labelling particulars shall be given in their entirety in a prominent place on the packaging, the container or on a label attached thereto, in a colnspicuours, font and size that does not obscure or emphasize any part of the information, unless such variation is to draw attention to precautionary statementsclearly legible and indelible manner, or on an insert, in at least the language or one of the official languages of the Member State in which it is placed on the market.
Amendment 107 #
2008/0050(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) if the percentages of weight for the feed materials incorporated in compound feed for food producing animals are not indicated on the label, the manufacturer shall make available on request information on the quantitative composition data in a range of +/- 15% of the value according to the feed formulation, unlthe open declaration shall apply to the five most significant feed components by weight. Should these components make up less than 80% of the weight, the open declaration shall apply to as many further feed components as are needed to reach a proportion of at least 80% of the weight. In order to ensure that the manufacturer's rights to protection of his intellectual property are not infringed, subject to submission of appropriate proof he shall not be required to provide information about feed materials which make up less than 3% of the total weight. The competent authorities shall at all timess he considers this information to be commercially sensitive and that the disclosure could infringe his intellectual property rights;ave the right to be informed about the exact proportions of the total weight accounted for by each individual feed material.
Amendment 108 #
2008/0050(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) if the percentages of weight for the feed materials incorporated in compound feed for food producing animals are not indicated on the label, the manufacturer shall make available on request information on the quantitative composition data in a range of +/- 15% of the value according to the feed formulation, unlthe open declaration shall apply to the four most significant feed components by weight. Should these components make up less than 70% of the weight, the open declaration shall apply to as many further feed components as are needed to reach a proportion of at least 70% of the weight. In order to ensure that the manufacturer's rights to protection of his intellectual property are not infringed, subject to submission of appropriate proof he shall not be required to provide information about feed materials which make up less than 3% of the total weight. The competent authorities shall at all timess he considers this information to be commercially sensitive and that the disclosure could infringe his intellectual property rights;ave the right to be informed about the exact proportions of the total weight accounted for by each individual feed material.
Amendment 109 #
2008/0050(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) if the percentages of weight for the feed materials incorporated in compound feed for food producing animals are not indicated on the label, the manufacturer shall make available on request information on the quantitative composition data in a range of +/- 15% of the value according to the feed formulation, unlthe open declaration shall apply to the four most significant feed components by weight. Should these components make up less than 60% of the weight, the open declaration shall apply to as many further feed components as are needed to reach a proportion of at least 60% of the weight. In order to ensure that the manufacturer's rights to protection of his intellectual property are not infringed, subject to submission of appropriate proof he shall not be required to provide information about feed materials which make up less than 3% of the total weight. The competent authorities shall at all timess he considers this information to be commercially sensitive and that the disclosure could infringe his intellectual property rights;ave the right to be informed about the exact proportions of the total weight accounted for by each individual feed material.
Amendment 117 #
2008/0050(COD)
Proposal for a regulation
Article 19 – introductory part
Article 19 – introductory part
On the label of pet food a free telephone numbercost-free means of contacting the person responsible for the labelling particulars (such as by telephone, e-mail or via the Internet) shall be indicated in order to allow the customer to obtain information in addition to the mandatory particulars on
Amendment 119 #
2008/0050(COD)
Proposal for a regulation
Article 19 – subparagraph 1 a (new)
Article 19 – subparagraph 1 a (new)
The information in points (a) and (b) must be given without prejudice to the right to withhold details either when they are commercially sensitive or when their disclosure could infringe intellectual property rights.
Amendment 122 #
2008/0050(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In addition to the requirements laid down in Articles 15, 16, 17 and 18, feed containing a level of undesirable substances in excess of that permitted under Directive 2002/32/EC shall be labelled ‘feed with excessive level(s) of … (designation of the undesirable substance(s) in accordance with Annex I to Directive 2002/32/EC), only intended for authorised detoxification establishments’. The authorisation of those establishments shall be based on Article 10(2) or (3) of Regulation (EC) No 183/2005which does not comply with the requirements set out in Annex VIa shall bear the labelling particulars laid down in Annex VIa.
Amendment 123 #
2008/0050(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In case the contamination is intended to be reduced or eliminated by cleaning, the additional labelling of contaminated feed shall be ‘feed with excessive level(s) of … (designation of the undesirable substance(s) in accordance with Annex I to Directive 2002/32/EC), only to be used as feed after adequate cleaning’The Commission may amend Annex VIa in order to bring it into line with legislative progress towards the development of standards.
Amendment 127 #
2008/0050(COD)
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. For quantities of pet food not exceeding the daily ration of the respective animal species sold in packages with several containers, the particulars referred to in Article 15(b), (c) and (f) and Article 17(1)(b), (c), (e) and (f) may be given only on the outer package instead of each container.
Amendment 129 #
2008/0050(COD)
Proposal for a regulation
Article 21 – paragraph 8 a (new)
Article 21 – paragraph 8 a (new)
8a. The provisions laid down in Article 15(e), (f) and (g) and in Article 16(1) and (2) shall not be required if by-products of vegetable or animal origin derived from agro-industrial processing and with a water content of more than 50% are employed.
Amendment 131 #
2008/0050(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In addition to the mandatory labelling requirements, the labelling of compound feed may also include within the mandatory declarations required by Article 14 voluntary labelling particulars, provided that the general principles laid down in Article 11 are respected.
Amendment 136 #
2008/0050(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(da) particulars concerning digestible starch and raw protein;
Amendment 141 #
2008/0050(COD)
Proposal for a regulation
Article 30 – introductory part (new)
Article 30 – introductory part (new)
Regulation (EC) No 1831/2003 is amended as follows:
Amendment 142 #
2008/0050(COD)
Proposal for a regulation
Article 30 – paragraph -1 (new)
Article 30 – paragraph -1 (new)
Regulation (EC) No 1831/2003
Article 2 – paragraph 2
Article 2 – paragraph 2
The following letters are added in Article 2(2): (o) ‘Labelling’: attribution of any words, particulars, trade marks, brand name, pictorial matter or symbol to a feed by placing this information on any medium like packaging, container, notice, label, document, ring, collar or the internet referring to or accompanying such feed; (p) ‘Label’: any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, embossed, impressed on, or attached to a container of feed;
Amendment 143 #
2008/0050(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point 1
Article 30 – paragraph 1 – point 1
Regulation (EC) No 1831/2003
Article 16 – paragraph 1
Article 16 – paragraph 1
Article 16 of Regulation (EC) No 1831/2003 is amended as follows: (1) Paragraph 1 is amended as follows: (-a) The introductory section is replaced by the following: ‘1. No feed additive or premixture of additives may be placed on the market unless the manufacturer, packager, importer, vendor or distributor established in the Community has made the following labelling particulars available to the feed business:’ (a) Point (d) is replaced by the following: ‘(d) where appropriate, the approval number of the establishment which manufacturing or placing on the marketes and is responsible for the labelling particulars concerning the feed additive or the premixture pursuant to Article 10 of Regulation (EC) No 183/2005 of the European Parliament and of the Council*; ---------------------------------------- * OJ L 35, 8.2.2005, p. 1.’; (b) The following subparagraph is added: ‘In the case of premixtures, points (b), (d), (e) and (g) shall notonly apply to thepremixtures and not to every incorporated feed additives.’
Amendment 144 #
2008/0050(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point 2
Article 30 – paragraph 1 – point 2
Regulation (EC) No 1831/2003
Article 16 – paragraph 3
Article 16 – paragraph 3
(2) Paragraph 3 is replaced by the following: ‘3. In addition to the information specified in paragraph 1, the packaging or containerlabelling particulars of a feed additive belonging to a functional group specified in Annex III or of a premixture containing an additive belonging to a functional group specified in Annex III must bear the information, presented in a conspicuous, clearly legible and indelible manner, indicated in that Annex.' made available to the feed business which purchases the product in accordance with the provisions of that Annex. In addition to the mandatory labelling particulars, in the case of additives and premixtures voluntary particulars may also be indicated, provided that the general principles laid down in Articles 11 and 13 of Regulation (EC) No .../... of the European Parliament and of the Council [on the placing on the market and the use of feed] are complied with. An abbreviation may be used in place of the name of the functional group.'
Amendment 145 #
2008/0050(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point 3
Article 30 – paragraph 1 – point 3
Regulation (EC) No 1831/2003
Article 16 – paragraph 4
Article 16 – paragraph 4
(3) Paragraph 4 is replaced by the following: ‘4. In the case of premixtures, the word ‘Premixture’ shall appear in capital letters on the label and carriers shall be declared, in the case of feed materials, in compliance with Article 17(1)(e) of Regulation (EC) No …/… of the European Parliament and of the Council [on the placing on the market and use of feed]*.
Amendment 146 #
2008/0050(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point 3 a (new)
Article 30 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1831/2003
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
Amendment 147 #
2008/0050(COD)
Proposal for a regulation
Article 30 – paragraph 1a (new)
Article 30 – paragraph 1a (new)
Regulation (EC) No 1831/2003
Article 16 a (new)
Article 16 a (new)
Amendment 148 #
2008/0050(COD)
Proposal for a regulation
Article 34
Article 34
It shall apply from twelve months after the date of its publicationentry into force; however, in the case of feed for animals not intended for food production placed on the market for the first time at least thirty-six months after the date of publication of the Regulation, the measures referred to in Article 17(3) shall apply.
Amendment 153 #
2008/0050(COD)
Proposal for a regulation
Annex I – point 1
Annex I – point 1
1. Feed materials must, as according tofar as is possible using the good manufacturing practices as laid down in Regulation (EC) No 183/2005, be free from chemical impurities resulting from their manufacturing process and from processing aids, unless a specific maximum content is fixed in the Catalogue referred to in Article 25.
Amendment 156 #
2008/0050(COD)
Proposal for a regulation
Annex II a (new)
Annex II a (new)
ANNEX IIa List of materials whose placing on the market or use for animal nutrition purposes in prohibited The placing on the market or use as feed of the following materials is prohibited: 1.faeces, urine and separated digestive tract content, irrespective of any form of treatment or admixture; 2. hide treated with tanning substances, including its waste; 3. wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V to Directive 98/8/EC of the European Parliament and of the Council; 4. all wastes obtained from urban, domestic and industrial waste water as defined in Article 2 of Council Directive 91/271/EEC; 5. solid urban waste, such as household waste; 6. packaging and parts of packaging from the use of products from the agri-food industry.
Amendment 159 #
2008/0050(COD)
Proposal for a regulation
Annex V – point 1
Annex V – point 1
1. The following additives shall be listed with their name, added amount, or identification number, added amount and respective name of the functional group such as laid down in Annex I of Regulation (EC) No 1831/2003 or the category in case of ‘coccidiostats and histomonostats’:
Amendment 161 #
2008/0050(COD)
Proposal for a regulation
Annex VI – Chapter I
Annex VI – Chapter I
1. The following additives shall be listed with their name and/or identification number, added amount and the respective name of the functional group suchAdditives of the functional groups 'preservatives','colourants', 'antioxidants', 'vitamins, pro-vitamins and chemically well-defined substances having a similar effect', and 'compounds of trace elements' as laid down in Annex I tof Regulation (EC) No 1831/2003 or the category in case of ‘coccidiostats and histomonostats’: (a) additives where a maximum content is set, (b) additives belonging to the categories ‘zootechnical additives’ and ‘coccidiostats and histomonostats’, (c) additives belonging to the functional group of ‘urea and its derivatives’ of the category ‘nutritional additives’ as laid down in Annex I of Regulation (EC) No 1831/2003. 2. Feed additives not mentioned in paragraph 1 may be voluntarily indicated in the same full form or partially. 3. If a nutritional feed additive as referred to in Annex I of Regulation (EC) No 1831/2003 is labelled voluntarily its level ofwill be labelled as follows: 'Contains EU- permitted preservatives/antioxidants/ colours/vitamins/trace elements', as appropriate. 2. Functional groups of feed additives not referred to in paragraph 1 may be voluntarily indicated. 3. In the event that particular attention is drawn on the label to one or more additives, the amount shall be indicated in line with the Code of Practice established pursuant to Article 26. 4. Other additives incorporationed shall be indicated. 4. If an additive belongs to more than one of the functional groups, the group appropriate to its principal function in the case of on request to the customer pursuant to Article 19. 4a. The person responsible for the labelling particulars must, on request, immediately provide the competent authority withe feed in quesull information shon all be indicateadditives incorporated into the pet food.
Amendment 375 #
2008/0028(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The appropriate date shall be expressed in accordance with Annex IX. date of minimum durability must be easy to find and must not be hidden. It shall be expressed as follows: (a) The date shall be preceded by the words: - 'Best before …’ when the date includes an indication of the day, - ‘Best before end …’ in other cases. (b) The words referred to in point (a) shall be accompanied by: - either the date itself, or - a reference to where the date is given on the labelling. If need be, these particulars shall be followed by a description of the storage conditions which must be observed if the product is to keep for the specified period. (c) The date shall consist of the day, month and year, in that order and in uncoded form. However, in the case of foods: - which will not keep for more than three months, an indication of the day and the month shall be sufficient, - which will keep for more than three months but not more than 18 months, an indication of the month and year shall be sufficient, - which will keep for more than 18 months, an indication of the year shall be sufficient. (d) the date of minimum durability shall be indicated on each individual prepackaged portion. (e) Subject to Community provisions imposing other types of date indication, an indication of the date of minimum durability shall not be required for: - fresh fruit and vegetables, including potatoes, which have not been peeled, cut or similarly treated; this derogation shall not apply to sprouting seeds and similar products such as legume sprouts, - wines, liqueur wines, sparkling wines, aromatised wines and similar products obtained from fruits other than grapes, and beverages falling within CN codes 22060091, 22060093 and 22060099 and manufactured from grapes or grape musts, - beverages containing 10% or more by volume of alcohol, - soft drinks, fruit juices, fruit nectars and alcoholic beverages containing more than 1,2 % by volume of alcohol in individual containers of more than five litres, intended for supply to mass caterers, - bakers' or pastry cooks' wares which, given the nature of their content, are normally consumed within 24 hours of their manufacture, - vinegar, - cooking salt, - solid sugar, confectionery products consisting almost solely of flavoured and/or coloured sugars, - chewing gums and similar chewing products. individual portions of ice-cream.
Amendment 377 #
2008/0028(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The instructions for use of a food shall be indicated in such a way as to enable appropriate use to be made thereof. Where appropriate, instructions on refrigeration and storage conditions should be provided.
Amendment 465 #
2008/0028(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. In addition to the presentation pursuant to Article 34(1) and per 100 g/ml and, optionally, per portion pursuant to Article 31(2), the energy content labelling in kcal required pursuant to Article 29(1)(a) and Annex XI, Part B, shall appear on the front of the packaging, in a clearly visible and legible form and surrounded by a border.
Amendment 545 #
2008/0028(COD)
Proposal for a regulation
Annex IV – point 2 a (new)
Annex IV – point 2 a (new)
- products which essentially (>50%) consist of a single ingredient or category of ingredients which determine their value;
Amendment 559 #
2008/0028(COD)
Proposal for a regulation
Annex VI – part B – row 17 – left column – definition
Annex VI – part B – row 17 – left column – definition
17. Skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue, where the meat constitutes an ingredient of another food. The products covered by the definition of ‘mechanically separated meat’ are excluded from this definition. 1 of the head (other th unless they comply with the requirements of Annex III, Section V, Chapter III, Point 3 of Regulation (EC) No 853/2004. The diaphragm and the masseters), the muscles of the carpus, the tarsus and the tail are excluded. 2 animal species concerned. are part of the skeletal muscles, while the heart, tongue, the muscles For labelling in English, this designation may be replaced by the generic name of the ingredient for the
Amendment 560 #
2008/0028(COD)
Proposal for a regulation
Annex VI – part B – row 17 – left column – table – last row
Annex VI – part B – row 17 – left column – table – last row
Birds and rabbits 15 1030 25
Amendment 561 #
2008/0028(COD)
Proposal for a regulation
Annex VI – part B – row 18 – left column
Annex VI – part B – row 18 – left column
18. All types of products covered by the definition of ‘mechanically separated meat’ which do not meet the requirements of Annex III, Section V, Chapter III, Point 3 of Regulation (EC) No 853/2004.
Amendment 29 #
2007/0143(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The new solvency régime will result in even better protection for all concerned; this will require the Member States to provide the authorities responsible for financial supervision with adequate resources. This obligation will be backed up by the Member States' duty to implement the directive in full, and also by the case-law of the Court of Justice and national provisions relating to state liability;
Amendment 36 #
2007/0143(COD)
Proposal for a directive
Article 4
Article 4
(1) WFor the first three years after the date referred to in Article 310(1), without prejudice to Articles 5 to 10, this Directive shall not apply to insurance undertakings whose annual premium income does not exceed EUR 5 million. (2) If the amount set out in paragraph 1 is exceeded for three consecutive years this Directive shall apply from the fourth year.
Amendment 39 #
2007/0143(COD)
Proposal for a directive
Article 41 − Paragraph 1 a (new)
Article 41 − Paragraph 1 a (new)
(1a) For the purpose of this section, 'function' shall mean capacity to carry out specific practical tasks. How insurance and reinsurance undertakings comply with the individual governance requirements laid down in Article 43, 45, 46 and 47 shall be a matter for their commercial judgment.
Amendment 46 #
2007/0022(COD)
Proposal for a directive
Article 2 – point b
Article 2 – point b
(b) “legal person” means any legal entity having such status under the applicable national law, except for States or any other public bodies acting in the exercise of their sovereign rights and forprerogative of public power, as well as public international organisations.
Amendment 52 #
2007/0022(COD)
Proposal for a directive
Article 3 – point a
Article 3 – point a
(a) the unlawful discharge, emission or introduction of a quantity of materials or ionising radiation into air, soil or water, which causes or is likely to cause death or serious injury to any person;